10.09.2007 Town Council Minutes I. ' MINUTES
il Regular Meeting of the Prosper Town Council
Prosper Middle School -Library
TOWN OF 605 E. Seventh Street, Prosper, Texas
SPERTuesday, October 9, 2007 at 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:06 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Pro-Tem David Bristol, Deputy Mayor Pro-Tem Dave Turley, 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; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
Commissioner Joe Jaynes led the Pledge of Allegiance.
The invocation was given by Bill Borinstein, Prestonwood Baptist Church.
3. Announcements of dates and times of upcoming community events.
County Commissioner Joe Jaynes advised the council that the Commissioners Court had awarded the Town a
$390,000 grant for Folsom Park. Commissioner Jaynes also discussed the November 6, 2007 Bond Election.
Deputy Mayor Pro-Tem Turley announced the Health and Safety Fair.
6. Presentation by Tracy Pounders with Linebarger,Goggan,Blair,& Sampson on HB 621.
Mayor Pro-Tern Bristol moved item 6 up in the agenda.
Tracy Pounders gave council a presentation on HB 621.
10. Discuss and give direction regarding the Preston 48 Addition development located in the southwest
quadrant of Prosper Trail and Highway 289. (HW)
Mayor Pro-Tern Bristol moved item 10 up in the agenda.
Hulon Webb, Director of Development Services, gave council background information on this item.
Bruce Carlin and Jeremy Fuller addressed the council regarding this issue.
The Town Council directed staff to facilitate a meeting with the developers and HOA and then follow up on a
future Town Council meeting.
Page 1 of 4
EXECUTIVE SESSION
4. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit:
a. Section 551.087 to deliberate on economic development negotiations regarding the Gates of
Prosper project.
b. Section 551.071 — Consultation with the Town's Attorney regarding a matter (s) in which the
duty of the Town Attorney under the Texas Disciplinary rules of Professional Conduct of the
State Bar of Texas conflicts with the Open Meetings Act regarding the McCutcheon v. Town of
Prosper lawsuit.
c. Section 551.072 to discuss and give direction on the purchase, exchange, lease or value of real
property.
Motioned by Deputy Mayor Pro-Tern Turley, seconded by Councilmember Dugger to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 7:00 p.m.
5. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 8:37 p.m.
12. Consider and act upon 1) approval of the Town of Prosper Parks, Recreation and Open Space
Master Plan and 2) adopt a resolution authorizing the Mayor execute the same. (WH)
Mayor Pro-Tern Bristol moved item 12 up in the agenda.
Wade Hardin, Senior Planner, gave council background information on this item.
Richard Abernathy, Town Attorney, answered questions for council.
Doug Mousel, LandPlan Development, addressed the council regarding several issues he had with the way the Plan
is worded.
Scott Norris, Land Advisors, also spoke about concerns with the wording of the Plan.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve the Plan with the
following statement be removed from the document-
"Properties which have been zoned prior to the adoption of the Plan will not be
subject to the requirements of the Plan."
and replaced with the following-
Nothing in this document shall be implied to vest any rights to property owners. In
addition,this document shall not constitute a -permit" and nothing in this document
shall be considered to provide the Town with "fair notice" of a "project", as said
terms are used in or as defined by Chapter 245 of the Texas Local Government Code.
And section 8.1.1 include a variance provision for properties developed with private streets or a golf course and
where properties are absent of desired habitat and protected trees.
Motion approved 4-2 with Turley and Drown voting"no."
Page 2 of 4
PRESENTATIONS
7. Presentation of a proclamation for support for the November 6,2007 Collin County Bond Election.
Richard Abernathy, Town Attorney, asked the council to allow him to review the proclamation before it is
presented by Council.
CONSENT AGENDA
8. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• September 25,2007—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. (WH)
c. 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)
d. Consider and act upon an ordinance rezoning 0.7± acre (104 East Broadway), located on the
south side of Broadway Street, 200± feet east of Coleman Street, from Single Family-15 (SF-15)
to Downtown Office(DTO). (Z07-12).(CC)
Doug Mousel, LandPlan Development, addressed the council regarding item 8a.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Dugger to approve the consent agenda subject
to staff recommendations.
Motion approved 6-0.
CITIZEN'S COMMENTS
9. Other Comments by the Public.
Doug Mousel, LandPlan Development, asked the council to consider forming a Developer's Council to assist staff
with implementing the Parks and Recreation Opens Space Master Plan.
REGULAR AGENDA
DEPARTMENT ITEMS
11. Consider and act upon bid proposal for the Highland Meadows Drainage Project and take any action
necessary. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item and
recommended rejecting the bids and looking at other alternatives for the project.
Motioned by Councilmember Drown, seconded by Deputy Mayor Pro-Tem Turley to reject the bid on October 2,
2007, for construction services for the Highland Meadows Drainage Project. Motion approved 6-0.
Page 3 of 4
13. Consider and act upon a resolution adopting the FY 2007 certified appraisal roll. (RB)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Wadsworth to approve the resolution adopting
the 2007 certified appraisal roll.
14. Discuss the proposed Preannexation Agreement with Forest City. (ML)
Mike Land, Town Manager, gave council background information on this item.
David Blum and Jim Mansky gave a presentation and answered questions regarding the proposed agreement.
Council discussed their concerns with the proposed agreement.
15. Discuss and give direction on moving Executive Session to the beginning of council meetings. (MD)
Matt Denton,Town Secretary, gave council background information on this item.
Mayor Pro-Tem Bristol read a statement from Doug Mousel, LandPlan Development, recommending executive
session remain at the end of the meetings.
The council discussed the timing of Executive Session and ultimately decided to keep it at the end of the meeting
unless there are extenuating circumstances requiring it be moved to the top of the agenda.
16. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Councilmember Wadsworth asked that a Developer's Council discussion item and having the Town Attorney
available for the meetings be placed on a future agenda.
17. Adjourn.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to adjourn.
Motion approved 6-0.
The meeting was adjourned at 10:50 p.m.
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