08.28.2007 Town Council Minutes MINUTES
ils Regular Meeting of the Prosper Town Council
Prosper Middle School -Library
1 P T O VV N OF 605 E. Seventh Street, Prosper, Texas
SP E Tuesday, August 28, 2007 at 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:08 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Kenneth Dugger, Kevin
Drown, Mike Wadsworth, and Ray Smith.
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Chris
Copple, Senior Planner; Wade Harden, Senior Planner; Dan Tolleson, Executive Director of the Economic
Development Corporation; Ron Butler, Business Manager; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor John Fowler, Prosper Presbyterian Church.
3. Announcements of dates and times of upcoming community events.
Councilmember Wadsworth announced the Northern Collin County Leadership Program was starting in September
and there are several people representing Prosper in the program.
Mayor Pro-Tem Bristol announced Prosper High School football was starting on Friday, August 31S`
EXECUTIVE SESSION
13. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit: Section 551.072. To deliberate the purchase,exchange,lease or value of real property located
at Lot 1,Block A,and Lot 1,Block B,of the Rhea Mills Estate. (HW)
Mayor Niswanger moved the executive session up on the agenda.
Motioned by Councilmember Smith, seconded by Councilmember Drown to recess into closed session.
Motion approve 6-0.
Council recessed into closed session at 6:12 p.m.
14. Reconvene into Regular Session and take any action necessary as a result of the Closed Session,
including, but not limited to:
a. Consider and possibly act upon adoption of resolutions determining a public necessity to
acquire by purchase or condemnation, property located within:
i. Lot 1,Block A of Rhea Mills Estate; and
ii. Lot 1,Block B of Rhea Mills Estate. (HW)
Motioned by Councilmember Smith, seconded by Mayor Pro-Tem Bristol to reconvene into regular session.
Motion approved 6-0.
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Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to adopt a resolution determining a
public necessity to acquire, by purchase or condemnation, Lot 1, Block A of Rhea Mills Estates, for the provision
of water service and related infrastructure related to the construction of water improvements along FM 2478, giving
notice of an official determination to acquire said property for the purposes set forth within, and authorizing the
Town Manager to establish procedures for acquiring the property by purchase or condemnation.
Motion approved 5-1 with Councilmember Drown abstaining from the vote.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to adopt a resolution determining a
public necessity to acquire, by purchase or condemnation, Lot 1, Block B of Rhea Mills Estates, for the provision of
water service and related infrastructure related to the construction of water improvements along FM 2478, giving
notice of an official determination to acquire said property for the purposes set forth within, and authorizing the
Town Manager to establish procedures for acquiring the property by purchase or condemnation.
Motion approved 5-1 with Councilmember Drown abstaining from the vote.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• August 14,2007—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 a Resolution denying the request of Atmos Energy Corp. for an annual Gas
Reliability Infrastructure Program (GRIP)Rate Increase.
FINANCIALS
d. Consider and act upon the financial statements ending July 31,2007.(RB)
Motioned by Mayor Niswanger, seconded by Councilmember Smith to approve the consent agenda subject to staff
recommendations. -
Motion approved 6-0.
CITIZEN'S COMMENTS
5. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon an amendment to the Old Town Core District of the
Town's Future Land Use Plan. (CA07-2). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
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Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to open the public
hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 7:08 p.m.
There were no comments by the public.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 7:09 p.m.
Motioned by Councilmember Smith, seconded by Councilmember Drown to follow the recommendation
of the Planning and Zoning Commission to approve the proposed amendment to the Old Town Core
District of the Town's Future Land Use Plan.
Motion approved 6-0.
7. A public hearing to discuss the Town of Prosper proposed FY 2007-2008 tax rate. (RB)
Motioned by Councilmember Dugger, seconded by Mayor Pro-Tern Bristol to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 7:14 p.m.
Mike McClung, 1400 Cedar Springs, asked the council questions on the proposed budget and tax rate.
Motioned by Councilmember Drown, seconded by Councilmember Dugger to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 7:29 p.m.
DEPARTMENT ITEMS
8. 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.
Jeff Payne, Freese and Nichols,answered questions for council.
Motioned by Councilmember Smith, seconded by councilmember Dugger to approve a change order to Red River
Construction Company, inc., in the amount of$12,670.81 minus the credits for the sales tax from CoServ, for the
Pump Station and 3 MG Ground Storage Tank.
Motion approved 6-0.
9. Discuss and act upon creating Finance,Utility and Economic Development Committees comprised of
members of the Town Council. (ML)
Mike Land, Town Manager, gave council background information on this item.
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Council approved the appointments of Dave Turley and David Bristol to the Finance Committee, Kevin Drown and
Kenneth Dugger to the Utility Committee, and Mike Wadsworth and Ray Smith to the Economic Development
Committee.
10. Consider and act upon a resolution making nominations for the Board of Directors for the Central
Appraisal District of Collin County,Texas. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to table this item to the September
25, 2007 Town Council meeting.
Motion approved 6-0.
11. Consider and act upon a Resolution authorizing the Mayor to execute a boundary agreement with
the Town of Little Elm. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Councilmember Drown, seconded by Councilmember Smith to approved the boundary agreement
with the Town of Little Elm.
12. Discussion of the 2007 Parks,Recreation and Open Space Master Plan. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Council gave instructed staff to bring this item back on the September 18, 2007 Town Council meeting with the
recommended changes incorporated into the document.
15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Mike Land, Town Manager, informed the council of the meetings with ConBrio on October 11 and 12, 2007.
16. Adjourn.
Motioned by Councilmember Smith, seconded by Councilmember Drown to adjourn.
Motion approved 6-0.
The meeting was adjourned at 8:07 p.m.
Attest:
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