06.12.2007 Town Council Minutes MINUTES
Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
TOWN OF Folsom Elementary School(Cafeteria)
SP E Tuesday, June 12, 2007 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:07 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Dave Turley, Kevin
Drown, Mike Wadsworth, and Ray Smith.
Staff present included: Kevin Carruth, Interim Town Manager; Hulon Webb, Director of Development
Services; Chris Copple, Development and Parks Planner; Frank Jaromin, Director of Public Works; Curtis
Smith, Fire Captain; and Matthew Denton,Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Khris Kennedy, First Baptist Church Prosper.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Matt Denton, Town Secretary, announced there will be a runoff election for Place 2 on Saturday, June 16, 2007
at the Prosper High School. Voting will occur between 7:00 a.m. and 7:00 p.m.
Mike Wadsworth Announced that Hulon Webb and Matt Denton graduated from the Northern Collin County
Leadership Program on June 6, 2007.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• May 22,2007—Regular Meeting
ORDINANCES,RESOLUTIONS AND AGREEMENTS
b. Consider and act upon adoption of an ordinance amending the Zoning Ordinance regarding the
creation of the Downtown Retail District and the amending of the Downtown Residential District,
the Downtown Office District,and the Downtown Commercial District,including, but not limited
to,the permitted uses and development standards.(Z07-8). (CC)
c. Consider and act upon adoption of an ordinance rezoning 32.9± acres from Single Family-15 (SF-
15) to Downtown Commercial (DTC) along McKinley Street; 11.6± acres from Single Family-15
(SF-15), Office (0), and Downtown Office (DTO) to Downtown Retail (DTR) along Broadway
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Street, west of Coleman Street; 2.9± acres from Single Family-15 (SF-15) to Downtown Office
(DTO) west of Coleman Street at Fifth Street; and 9.3± acres from Single Family-15 (SF-15) to
Downtown Office(DTO)east of Coleman Street,along Church Street. (Z07-9). (CC)
d. Consider and act upon adoption of an ordinance rezoning 40.0± acres located 2,500± feet north of
Prosper Trail, on the east side of Dallas Parkway from Single Family-15 (SF-15) to Commercial
Corridor(CC).(Z07-6). (CC)
e. Consider and act upon adoption of an ordinance rezoning 226.5± acres on the north side of
Prosper Trail, 1,200 feet east of Dallas Parkway to amend Planned Development-8 (Lakes of
Prosper) to include an additional 39.5±acres. (Z07-5). (CC)
f. Consider and act upon adoption of an ordinance amending the Zoning Ordinance regarding
Chapter 1, Section 8.4(B)—Changes and Amendments to all Zoning Ordinances and Districts and
Administrative Procedures. (Z07-10). (CC)
h. Consider and act on authorizing the purchase of a skid steer loader for Public Works and
authorizing the Interim Town Manager to negotiate and execute all necessary documents. (FJ)
Mayor Pro-Tem Bristol requested item 4g be pulled from the consent agenda.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Wadsworth to approve the balance of the
consent agenda subject to staff recommendations. Motion approved 6-0.
g. Consider and act upon adoption of an ordinance amending Ordinance No. 02-33,establishing a
fee for the use of Town fields. (CC)
Mayor Pro-Tern Bristol stated he wanted to pull this item to have further discussion on the $10 park user fee.
Loren Moulder, Parks and Recreation Board, answered questions for council.
Motioned by Councilmember Wadsworth, seconded by Councilmember Turley to table the item until staff
brings to council a revised PSA agreement. Motion approved 6-0.
CITIZENS' COMMENTS
5. Comments by the Public
Ken Meier, 203 W. Third Street, addressed the council regarding the great job the Fire Department and Police
Department have done taking care of he and his wife who are both suffering from cancer.
REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 40.4± acres located on the south
side of Prosper Trail, 1,500± feet east of Coleman Street to amend Planned Development-30
(Prosper Creek Estates). (Z07-11). (CC)
Chris Copple, Development and Parks Planner, told the council the applicant has asked that the item be tabled
until the June 26, 2007 Town Council meeting.
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Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Turley to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:41 p.m.
There were no comments by the public.
Motioned by Councilmember Turley, seconded by Councilmember Wadsworth to table the item until the June
26, 2007 Town Council Meeting. Motion approved 6-0.
DEPARTMENT ITEMS
7. Consider and act upon 1) a developer's agreement between MF V Chesney 65, LP, and the Town
of Prosper and 2) a resolution authorizing the Interim Town Manager to negotiate and execute all
necessary documents. (HW)
Hulon Webb, Director of Development Services, gave council background on this item.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Drown to approve a developer's agreement
between MF V Chesney 65, LP, and the Town of Prosper and a resolution authorizing the Interim Town
Manager to negotiate and execute all necessary documents.
Motion approved 6-0.
8. Consider and act upon 1) an award of bid to Landmark Structures I,L.P.,2) enter into a contract
agreement with Landmark Structures I, L.P., regarding the construction services for the Preston
Road Elevated Storage Tank and 3) approve a resolution authorizing the Interim Town Manager
to negotiate and execute all necessary documents. (IIW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Turley to table the item until the June
26, 2007 Town Council meeting so Town staff can obtain the deed to the property where the tank will be
constructed. Motion approved 6-0.
9. Consider and act upon 1) ratification of an Engineering Design Services Agreement with RLK
Engineering, Inc., regarding the Highland Meadows Drainage Improvements and 2) approve a
resolution authorizing the Interim Town Manager to negotiate and execute all necessary
documents. (IIW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Mayor Niswanger stepped out of the room at 7:12 p.m.
Motioned by Councilmember Drown, seconded by Councilmember Turley to approve a ratification of an
Engineering Design Services Agreement with RLK Engineering, Inc., regarding the Highland Meadows
Drainage Improvements and approve a resolution authorizing the Interim Town Manager to negotiate and
execute all necessary documents.
Motion approved 5-0.
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10. Consider and act upon the appointment of a Town Council liaison to the Prosper Parks and
Recreation Board. (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item. Copple
informed the council staff research indicated that a Town Council liaison was not required by the Town Charter
or Town ordinances.
11. Discuss and act on extending the terms of the Board of Adjustment members until September
2007. (CC)
Matt Denton, Town Secretary, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to extend the terms of Bobby
Shirrel, Rudy Gurerro and Lisa Dritschler to September 2008.
Motion approved 5-0.
12. Discuss water use restrictions. (FJ)
Frank Jaromin, Director of Public Works, presented council information on this item.
Mayor Niswanger returned to the room at 7:18 p.m.
Council discussed the various options for easing the water use restrictions.
13. Consider and act upon a resolution accepting a Texas Forrest Service grant for purchase of a
brush truck,authorizing matching funds,and authorizing the Interim Town Manager to negotiate
and execute all necessary documents.(RT)
Curtis Smith, Fire Captain, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Turley to approve the purchase of the
larger truck in the 07/08 budget with permission to go ahead and issue a PO as soon as all bid requirements are
met. Motion approved 6-0.
14. Hear and discuss update on 2007 County Bond Transportation Sub-Committee actions.
George Dupont, Planning and Zoning Commissioner, gave council and update on the Bond Sub-Committee
actions.
EXECUTIVE SESSION
15. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit: Section 551.087 to discuss economic development negotiations for the Custer Retail Project.
(HEW)
Council recessed into executive session at 7:52 p.m.
16. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Councilmember Smith, seconded by Councilmember Turley to reconvene into regular session.
Motion approved 6-0.
Council reconvened into regular session at 8:33 p.m.
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No action taken as a result of closed session.
17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Councilmember Turley asked that an ordinance requiring developments to bury utilities be on a future agenda.
Councilmember Wadsworth requested potential budget workshop dates and an update on development timelines
for the practice fields at Folsom Elementary and the 57 acre park be placed on the June 26, 2007 agenda.
Councilmember Drown asked that a discussion item regarding the enforcement of the home based business
ordinance be placed on a future agenda.
18. Adjourn.
Motioned by Councilmember Smith, seconded by Councilmember Turley to adjourn.
Motion approved 6-0.
Meeting adjourned at 8:34 p.m.
Attest:
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M.w hew D. Denton,TRMC arl-s Niswanger, ayor
Town Secretary
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