06.26.2007 Town Council Minutes P MINUTES
its Regular Meeting of the Prosper Town Council
Prosper Middle School -Library
I 13 TOWN OF 605 E. Seventh Street, Prosper, Texas
SP E Tuesday, June 26, 2007 at 5:00 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-Tern 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; Ronnie Tucker, Fire
Chief; Doug Tyson, Fire Marshall; Dan Tolleson, Executive Director of the Economic Development Corporation;
and Matthew Denton, Town Secretary.
24. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit:
a. Section 551.074 to discuss the appointment and employment of a Town Manager.
b. Section 551.087 to discuss economic development negotiations for the Custer Retail Project.
(HW)
Motioned by Councilmember Turley, seconded by Councilmember Smith to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 5:05 p.m.
25. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 6:05 p.m.
No action was taken as a result of closed session.
2. Invocation and Pledge of Allegiance.
The invocation was given by Dr. David McKinney, Presonwood North Baptist Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Councilmember Wadsworth announced the open heart surgery for Trey Dritschler, son of Deputy Mayor Pro-Tern
Dritschler was successful and the family is hoping Trey will be able to come home next week.
Kevin Carruth, Interim Town Manager, announced National Night Out will be held on August 7th in the Town.
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12. Consider and act upon an ordinance to receive and accept as true and correct the Canvassed voting
results for the Runoff Election held on June 16,2007 as presented by the Town Secretary and hereby
declare the results of the election be set forth in an ordinance and that said ordinance should be
adopted. (MD)
Mayor Niswanger moved items 12 and 13 to this position on the agenda.
Matt Denton, Town Secretary, gave council background information on this item.
Motioned by Councilmember Turley, seconded by Councilmember Drown to approve the ordinance.
Motion approved 6-0.
13. Administer oath and issuance of certificate of election to the elected Council Member for Place 2.
(MD)
Matt Denton, Town Secretary, administered the Oath of Office to Kenneth Dugger.
Mayor Niswanger signed the certificate of election.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• June 12,2007—Regular Town Council Meeting
• June 12,2007—Joint Town Council/EDC Board Meeting
• June 19,2007—Joint Town Council/PISD Board Meeting
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
b. Consider and act on a resolution designating the Interim Town Manager as the project
official/representative to act on behalf of Town in dealing with Collin County for the purpose of
participating in the Collin County Parks and Open Space Assistance Program; and authorizing the
submittal of an application for program assistance. (CC)
c. An update on the Town's sports fields and/or the construction of future sports fields. (CC)
d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the
Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7)
and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan. (CC)
FINANCIALS
e. Consider and act upon the financial statements ending May 31,2007.(RB)
Motioned by Councilmember Drown, seconded by Mayor Pro-Tem Bristol to approve the consent agenda subject
to staff recommendations. Motion approved 7-0.
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PRESENTATION
5. Presentation by Chief Tucker introducing the new Town Fire Marshall. (RT)
Chief Tucker introduced the council to Doug Tyson,the new Town Fire Marshall.
CITIZEN'S COMMENTS
6. Comments by the Public
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
7. 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, gave council background information on this item. Copple
informed the council that the public hearing was opened at the June 12, 2007 Town Council meeting.
Pat Atkins, KPA Consulting, answered questions for council.
Scott Schur, spoke in opposition to the proposed masonry walls.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:41 p.m.
Motioned by Drown, seconded by Wadsworth to approved the requested zoning to amend Planned Development—
30 as follows:
E. Miscellaneous Development Standards
7. A 6 foot masonry thin wall shall be constructed along the south property line. The screening wall
will be allowed to be constructed within the private street lot. The screening wall will be owned
and maintained by the Homeowner's Association.
8. The wood fences located on the retaining wall adjacent to the Trails of Prosper must have metal
posts anchored in concrete.
Motion approved 7-0.
21. Discuss placement of utility lines underground. (KC)
Mayor Niswanger moved item 21 to this position on the agenda.
Gerald Perrin, Oncor Electric, gave council a brief presentation on the procedures for placing utility lines
underground.
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8. A public hearing to consider and act upon a request to rezone 15.3± acres of land located on the
northeast corner of Fifth Street and the BNSF Railroad, from Downtown Commercial (DTC) to
Industrial (I). (Z06-15). (CC)
Chris Copple, Development and Parks Planner, gave council background information. Copple requested council
continue the public hearing to the July 10, 2007 Town Council meeting.
Motioned by Wadsworth, seconded by Turley to continue the public hearing to the July 10, 2007 Town Council
Meeting. Motion approved 7-0.
9. A public hearing to consider and act on a resolution designating the Interim Town Manager as the
project official/representative to act on behalf of Town in dealing with Texas Parks & Wildlife for
the purpose of participating in the Texas Parks & Wildlife Outdoor Recreation Grant Program;
certifying that the applicant is eligible to receive program assistance; certifying that the applicant
matching share is readily available; dedicating the proposed site for permanent and public park and
recreational uses; and certifying that the application has been submitted to the appropriate regional
council of governments for the Texas review and comment(TRACS) review. (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Drown to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 7:13 p.m.
There was no one wishing to speak on this item.
Motioned by Councilmember Smith, seconded by Mayor Pro-Tem Bristol to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:14 p.m.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to approve the resolution authorizing
the Interim Town Manager to submit an application to the Texas Parks and Wildlife Department Outdoor
Recreation Grant Program for partial funding towards the development of Folsom Park.
Motion approved 7-0.
10. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of
approximately 6.419 acres of land located in the Collin County School Land Survey, Abstract
No.147, and being more generally located on the southwest corner of Prosper Trail and N. Coleman.
(MD)
Motioned by Councilmember Smith, seconded by Councilmember Turley to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 7:15 p.m.
There was no one wishing to speak on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:16 p.m.
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11. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of
approximately 24.296 acres of land located in the Collin County School Land Survey, Abstract
No.147, and being more generally located south of First Street (CR 3) and 230+ feet east of the
Dallas North Tollway.(MD)
Motioned by Councilmember Drown, seconded by Mayor Pro-Tern Bristol to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 7:16 p.m.
There was no one wishing to speak on this item.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Dugger to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:17 p.m.
DEPARTMENT ITEMS
14. Hear and discuss a presentation of compensation market study by Waters Consulting Group.(KC)
Ted Benavides, Waters Consulting Group, gave council a presentation on a compensation market study.
15. Consider and act upon the appointment of a Mayor Pro-Tem and Deputy Mayor Pro-Tem. (MD)
Councilmember Turley nominated David Bristol for Mayor Pro-Tern.
Nomination approved 7-0.
Councilmember Drown nominated Dave Turley for Deputy Mayor Pro-Tem.
Nomination approved 7-0.
16. Consider and act upon drawing lots between Place 1 and Place 2 to determine which Place shall
receive a two year term and which Place will receive a three year term. (MD)
Deputy Mayor Pro-Tern Turley and Councilmember Dugger drew lots. Place 1 will be a three year term and Place
2 will be a two year term. Place 2 will permanently become a 3 year term after the May 2009 election.
17. Consider and act upon an award of bid and enter into an agreement with Landmark Structures I,
L.P., for construction of the Preston Road elevated storage tank, and approve a resolution
authorizing the Interim Town Manager to negotiate and execute all necessary documents. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tern Turley to 1) approved the bid to
Landmark Structures I, L.P., in the amount of $2,892,000, 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 execute the same.
Motion approved 7-0.
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18. Consider and act upon a change order to Red River Construction Company, Inc., for the Pump
Station and 3 MG Ground Storage Tank Project. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Frank Jaromin, Director of Public Works, answered questions for council.
Ronnie Tucker, Fire Chief, answered questions for council.
Motioned by Councilmember Drown, seconded by Deputy Mayor Pro-Tern Turley to approve the change order
with Option 1.
Motion approved 7-0.
19. Consider and act upon selection of providers for group medical,dental,disability,and life insurance.
(KG)
Karen Gill, Finance Clerk, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve the vendor changes to
Bluee Cross Blue Shield (medical/dental) and The Hartford (STD, LTD, Life, AD&D) as recommended by staff
with the following caveat:
1. Staff get a quote next year for 80/20 coverage with a$500 deductible.
2. A committee of the Mayor, Mayor Pro-Tern and Deputy Mayor Pro-Tern make a recommendation on the
two employees covered by the universal life insurance policy at the July 10, 2007 Town Council Meeting.
Motion approved 7-0.
20. Consider and act upon the request to implement Flexible Spending Accounts(FSA) for employees for
unreimbursed health care expenses and dependent day care expenses. (KG)
Karen Gill, Finance Clerk, gave council background information on this item.
Motioned by Mayor Pro-Tern Bristol, seconded by Deputy Mayor Pro-Tern Turley to approve the implementation
of the Flexible Spending Account plans subject to staff recommendations.
Motion approved 7-0.
22. Discuss budget workshop dates. (KC)
Kevin Carruth, Interim Town Manager, presented council with proposed dates for the budget process.
23. Discuss regulation of non-residential uses in residential areas,including but not limited to, home
occupation and garage sales. (CC & BA)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Bryan Ausenbaugh, Building Official, answered questions for council.
Council directed staff to bring back an ordinance dealing with the garage sale and signage issues.
EXECUTIVE SESSION
24. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit:
Page 6 of 7
c. Section 551.074 to discuss the appointment and employment of a Town Manager.
d. Section 551.087 to discuss economic development negotiations for the Custer Retail Project.
(HW)
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Wadsworth to recess into closed session.
Motion approved 7-0.
Council recessed into closed session at 9:31 p.m.
25. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 10:21 p.m.
Council took no action as a result of the executive session.
26. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
27. Adjourn.
Motioned by Councilmember Wadsworth, seconded by Mayor Niswanger to adjourn.
Motion approved 7-0.
Meeting adjourned at 10:22 p.m.
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