10.23.2007 Town Council Minutes P MINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School -Library
TOWN OF 605 E. Seventh Street, Prosper,Texas
SPERTuesday, October 23, 2007 at 6:00 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 Pro-Tern 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; Dan Tolleson, Executive Director of the Economic Development Corporation; Frank
Jaromin, Public Works Director; Gary McHone, Police Captain; Kirk McFarlin, Police Chief; Ronnie Tucker, Fire
Chief; David Lightfoot, Police Sergeant; Amy Lightfoot, Municipal Court Clerk; and Matthew Denton, Town
Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor John Fowler, Prosper Presbyterian Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Pro-Tern Bristol announced the Collin County and Prosper ISD Bond Elections currently underway.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• October 9,2007—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 an ordinance rezoning 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)
d. Consider and act Purchase of F-450 2007 work truck from Sam Pack's Five Star Ford for the
amount of$29,824.00. (FJ)
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Dugger to approve the consent agenda subject
to staff recommendations. Motion approved 6-0.
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PRESENTATIONS
5. Presentation by Capt. Gary McHone giving a commendation to Stg. Lightfoot.
Captain Gary McHone presented Stg. Lightfoot with a commendation for his work on a traffic accident on Hwy.
380.
6. Presentation of a proclamation recognizing the week of November 5-9, 2007, as Municipal Court
Week.
Mayor Niswanger presented Judge Moore and Amy Lightfoot a proclamation for Municipal Court Week.
CITIZEN'S COMMENTS
7. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
8. A public hearing to consider a request to rezone 22.3± acres located on the southwest corner of
Prosper Trail and Coleman Street from Agricultural (A) and Single Family-15 (SF-15) to Retail (R),
13.4±acres,and Commercial (C),8.9±acres. (Z07-15). (CC)
Chris Copple, Senior Planner, gave council background information on this item. Copple recommended council
table this item until the November 13, 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 6:26 p.m.
There was no one wishing to speak on this item.
Motioned by Councilmember Smith, seconded by Councilmember Wadsworth to continue the public hearing until
the November 13, 2007 Town Council meeting.
Motion approved 6-0.
DEPARTMENT ITEMS
9. Consider and act upon a resolution supporting the November 6, 2007 Collin County Bond Election.
(MD)
Matthew Denton, Town Secretary, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tem Bristol to approve the resolution.
Motion approved 6-0.
10. Consider and act upon a resolution supporting the November 6, 2007 Prosper Independent School
District Bond Election. (MD)
Matthew Denton, Town Secretary, gave council background information on this item.
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Motioned by Mayor Niswanger, seconded by Councilmember Drown to approve the resolution.
Y Y g Y PP
Motion approved 6-0.
11. Consider and act upon a resolution supporting Proposition 12 on the November 6, 2007 Election.
(MD)
Matthew Denton, Town Secretary, gave council background information on this item.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Smith to approve the resolution.
Motion approved 6-0.
12. Discuss and give direction on the West Prosper Development Group Sanitary and Legacy Drive
issues. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tern Bristol to move forward with an agreement
and then bring the agreement before council for approval.
Motion approved 6-0.
EXECUTIVE SESSION
13. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit;
a. Section 551.071. Meeting with City Attorney regarding a matter in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of
Texas conflicts with the Open Meetings Act and relating to legal issues and negotiations with
Forest City in conjunction with the development of the Mahard property.
b. Section 551.087 to deliberate on economic development negotiations regarding the Gates of
Prosper project.
c. 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.
Motioned by Councilmember Smith, seconded by Councilmember Dugger to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 6:39 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 approval of the Preannexation Agreement by and between
The Mahard 2003 Partnership,L.P.,Mahard Egg Farm,Inc.,FC Prosper Partner,Inc.,
Forest City Prosper Limited Partnership and the Town of Prosper and adoption of a
Resolution authorizing the Town Manager to execute the same.
Motioned by Councilmember Smith, seconded by Councilmember Drown to reconvene into regular session.
Motion approved 6-0.
Council reconvened into regular session at 7:50 p.m.
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Chris Copple, Senior Planner, gave a short presentation comparing the Planning and Zoning Commission
recommendations with what Forest City presented in the proposed preannexation agreement.
Adam Lenhart, 1441 Gentle Way, spoke against the proposed agreement.
David Blum, Forest City, gave a presentation and answered questions for council.
Councilmembers each gave comments on their concerns with the proposed agreement.
Council directed staff to work with Forest City to prepare a final preannexation agreement and bring it back before
council.
15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Mayor Pro-Tern Bristol asked that staff present a list of all the topics for discussion that have been requested to be
brought before council and the status of each item.
Councilmember Smith requested staff bring forward an item on creating a communications subcommittee.
16. Adjourn.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to adjourn.
Motion approved 6-0.
The meeting was adjourned at 9:09 p.m.
Attest:
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atthew D. Denton, TRMC Charles Niswanger,Mayor
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