09.11.2007 Town Council Minutes P = MINUTES
It` Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
1 TOWN OF 605 E. Seventh Street, Prosper, Texas
SPE, R Tuesday, September 11, 2007 at 7:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 7:09 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tern David Bristol, Deputy Mayor Pro-Tem
Dave Turley, Kenneth Dugger, 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; Ronnie Tucker, Fire Cheif; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Randy Chapman, Rhea's Mill Baptist Church.
Mayor Niswanger led the Pledge of Alligiance.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger announced the Prosper Homecoming Parade would be held on Friday, September 14, 2007 at
2:00 p.m.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• August 28,2007—Regular Town Council Meeting
• September 4,2007—Special Town Council Meeting
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
b. An update on the Town's sports fields and/or the construction of future sports fields. (WH)
c. Consider and act upon an ordinance amending the Old Town Core District of the Town's
Future Land Use Plan. (CA07-2). (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)
e. Consider and act upon 1) an Agreement for Encroachment on Easement within the limits of the
20" First Street Water Line Project (Craig — Coit), by and between Oncor Electric Delivery
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Company and the Town of Prosper and 2) a resolution authorizing the Town Manager to
execute the same.(HW)
Motioned by Councilmember Smith, seconded by Councilmember Dugger to approve the consent agenda.
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 a request to rezone 83.6± acres located on the northeast
corner of U.S. 380 and Coit Road from Planned Development-25-Commercial/Mixed Use (PD-25)
to Planned Development-Retail (PD-R).(Z07-14). (CC)
Chris Copple, Senior Planner, presented a letter to council from the applicant asking the item be tabled until the
September 25, 2007 Town Council Meeting.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 7:16 p.m.
George Dupont spoke against the development as presented.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tem Turley to 1) continue the public
hearing until the September 25, 2007 Town Council meeting and 2) have staff discuss with the applicant and
Chairman of the Planning and Zoning Commission to determine if changes to the proposed PD will require the
item go back to the Planning and Zoning Commission.
Motion approved 6-0.
DEPARTMENT ITEMS
7. Consider and act upon an Ordinance regulating smoking in public places in the Town of Prosper.
(ML)
Council discussed the several issues in the proposed ordinance including smoking in hotels, smoking at athletic
fields, and the distance requirements in front of businesses.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Smith to approve the ordinance with the
following changes: Section 4 A. 4. Add the verbiage "including parks and athletic fields"; Section 4 A. 8 change
25 feet to 10 feet; and delete Section 4 D. 6.
Motion approved 4-2 with Mayor Niswanger and Councilmember Wadsworth voting no.
8. Consider and act upon awarding bid contract for Brush Truck. (RT)
Ronnie Tucker, Fire Chief, gave council background information on this item.
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Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve the contract.
Motion approved 6-0.
9. Discuss and give direction regarding the Preston 48 Addition development located in the southwest
quadrant of Prosper Trail and Hwy 289. (11W)
Hulon Webb, Director of Development Services, gave council an update on this item.
Council directed staff to continue working with the developer and place the item on the September 25, 2007 Town
Council agenda for updates.
EXECUTIVE SESSION
10. 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 of individuals to the Parks and Recreation Board,
Planning & Zoning Commission, Board of Adjustment, and Economic Development
Corporation.
b. 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.
c. Section 551.072 to discuss and give direction on the purchase, exchange, lease or value of real
property.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 8:09 p.m.
11. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to reconvene into regular
session. Motion approved 6-0.
Council reconvened into regular session at 9:10 p.m.
12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
13. Adjourn.
Motioned by Councilmember Smith, second by Councilmember Dugger to adjourn.
Motion approved 6-0.
The meeting was adjourned at 9:14 p.m.
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