07.10.2007 Town Council Minutes MINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School -Library
TOWN O F 605 E. Seventh Street, Prosper,Texas
SPE, R Tuesday, July 10, 2007 at 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:11 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tern David Bristol, Deputy Mayor
Pro-Tern Dave Turley, Kenneth Dugger, 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; Bryan Ausenbaugh, Building Official; Ronnie
Tucker, Fire Chief; Dan Tolleson, Executive Director of the Economic Development Corporation; and
Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor David Benefield,Lighthouse Christian Fellowship Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Deputy Mayor Pro-Tem Turley stated there was a new Rotary Club meeting in Prosper on Tuesdays at
noon at Carmela's Winery.
CONSENT AGENDA
4. Consent Agenda
•
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• June 26,2007—Regular Town Council Meeting
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
b. An update on the Town's sports fields and/or the construction of future sports fields.
(CC)
c. Consider and act upon an ordinance rezoning 39.1± 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).
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Motioned by Councilmember Drown, seconded by Councilmember Smith to approve the consent agenda
subject to staff recommendations.
Motion approved 7-0.
PRESENTATIONS
5. Presentation of a Plaque of Appreciation for Lisa Dritschler.
Mayor Niswanger presented a plaque of appreciation to Lisa Dritschler for her years of service on the
council and to the Prosper community.
CITIZEN'S COMMENTS
6. Presentation by Preston Lakes Homeowners Association Concerning Drainage and Erosion
Issues on Grapevine Court and Bridgeport Drive. (KC)
Bruce Carlin, Preston Lakes HOA President, gave a presentation to council regarding drainage and
erosion issues along Grapevine Court and Bridgeport Drive.
The following citizens spoke concerning drainage issues on their property:
Niel McGregor—880 Grapevine Court
Diane Permentor—860 Grapevine Court
Quinn Harrington—951 Bridgeport Drive
Mike Simmons—971 Bridgeport Drive
Tom McCabe, owner and developer of the property adjacent to the above citizen's property, answered
questions for council.
Hulon Webb, Director of Development Services, answered questions for council.
Bryan Ausenbaugh, Building Official, answered questions for council.
7. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
8. A public hearing to consider and act on the Town of Prosper Parks, Recreation, and Open
Space Master Plan. (CC)
Trent Lewis, Parks and Recreation Chair, gave council a presentation on the proposed plan.
Maureen Patin presented information about the proposed plan.
Francois de Kock, Halff Associates, answered questions for council.
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Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to open the public
hearing. Motion approved 7-0.
Mayor Niswanger opened the public hearing at 7:32 p.m.
Art Anderson, LandPlan, spoke against the proposed plan as written.
Eddie Collins, Goodman Land Advisors, spoke against the proposed plan as written.
Trey Sibley, The Rudman Partnership, spoke against the proposed plan as written.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tern Turley to close the
public hearing. Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:54 p.m.
Council discussed at length the proposed plan and make recommendations to staff regarding the plan.
Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tern Bristol to table the item until the
first regular Town Council meeting in August.
Motion approved 7-0.
9. 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 Single Family-15 (SF-15)
to Industrial(I). (Z06-15) (CC)
Chris Copple, Development and Parks Planner, informed the council the applicant has requested the item
be withdrawn.
Motioned by Deputy Mayor Pro-Tern Turley, seconded by Councilmember Dugger to close the public
hearing. Motion approved 7-0.
Mayor Niswanger closed the public hearing at 8:52 p.m.
Motion by Councilmember Smith, seconded by Councilmember Wadsworth to accept the withdrawal of
the time. Motion approved 7-0.
10. Presentation of Service Plan and Second 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 Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to open the public
hearing. Motion approved 7-0.
Mayor Niswanger opened the public hearing at 8:54 p.m.
There were no comments by the public.
Motioned by Councilmember Dugger, seconded by Council member Smith to close the public hearing.
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Motion approved 7-0.
11. Presentation of Service Plan and Second 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 Mayor Niswanger, seconded by Councilmember Smith to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 8:56 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro-Tern Turley, seconded by Councilmember Dugger to close the public
hearing. Motion approved 7-0.
Mayor Niswanger closed the public hearing at 8:57 p.m.
DEPARTMENT ITEMS
12. Discuss and give direction regarding development of a smoking ordinance. (KC)
Kevin Carruth, Interim Town Manager, gave council background information on this item.
Council discussed the need for a smoking ordinance and gave direction to staff regarding development of
the ordinance.
13. Consider and Act on a Resolution Suspending the Effective Date of a Proposal by ATMOS
Energy Corporation to Implement Interim GRIP Rate Adjustments, Authorizing
Participation with the ATMOS Cities Steering Committee, Authorizing Intervention in
Administrative and Court Proceedings, and Requiring Reimbursement of Ratemaking
Costs.(KC)
Kevin Carruth, Interim Town Manager, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tem Turley to approve the
resolution.
Motion approved 7-0.
EXECUTIVE SESSION
14. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government
Code,to wit:
a. Section 551.087 to discuss economic development negotiations for the Custer Retail
Project.
b. Section 551.087 to discuss economic development negotiations for the Blue Star Project.
c. Section 551.074 to discuss the appointment and employment of a Town Manager.
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Council recessed into closed session at 9:17 p.m.
15. Reconvene into regular session and take any action necessary as a result of the closed
session.
Council reconvened into regular session at 9:52 p.m.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Wadsworth to appoint Mike Land as
the Town's first Town Manager and approved a contract with Mike Land subject to the written changes
on the contract.
Motion approved 7-0.
16. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting.
Councilmember Wadsworth stated he wanted the follow up from the motion for Item 19 from the June 26,
2007 Town Council meeting on the July 24th council agenda.
Deputy Mayor Pro-Tem Turley asked that mosquito fogging be on a future agenda.
17. Adjourn.
Motioned by Councilmember Drown, seconded by Deputy Mayor Pro-Tem Turley to adjourn.
Motion approved 7-0.
Meeting adjourned at 9:55 p.m.
Attest
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atthew D. Denton, TRMC Charles Niswan t- , ayor
Town Secretary
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