11.13.2007 Town Council Minutes MINUTES
11�� Regular Meeting of the Prosper Town Council
Prosper Middle School-Library
TOWN OF 605 E. Seventh Street,Prosper,Texas
SP E Tuesday, November 13, 2007 at 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:05 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, 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; Ronnie Tucker, Fire Chief; Kirk McFarlin, Police Chief; Amy Lightfoot, Court Clerk;
Bryan Ausenbaugh, Building Official; David Ledwitz, Code Enforcement Officer; and Matthew Denton, Town
Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Frank Drenner, Prosper United Methodist Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger announced the Prosper Country Christmas will be held in downtown on December 8, 2007 at
6:00 p.m.
Mayor Pro-Tem Bristol announced the Prosper High School football team will be playing a playoff game on Friday
night in Wylie.
PRESENTATIONS
4. Presentation of a certificate of appreciation for past Board and Commission members.
Mayor Niswanger presented certificates of appreciation to Troy Brock, Maureen Patin, and Amy Drown for their
participation on the Prosper boards and commissions.
5. Presentation by Chief McFarlin recognizing Amy Lightfoot as a Level III Court Clerk.
Chief McFarlin and Judge Moore recognized Amy Lightfoot as a Level III Court Clerk. Amy is one of 30 Level
III Court Clerks in the State of Texas out of more than 3,000 Court Clerks.
6. Presentation by Chief Tucker regarding the November 3,2007 Boy Scout bonfire.
Ronnie Tucker, Police Chief, discussed with council a bonfire that was done by the Boy Scouts on November 3,
2007. Chief Tucker answered questions from council regarding the procedures the Town has for permitting
bonfires.
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EXECUTIVE SESSION
7. 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 551.087 to discuss economic development negotiations for the Custer Retail Project.
Motioned by Councilmember Dugger, seconded by Deputy Mayor Pro-Tern Turley to recess into closed session.
Motion approved 7-0.
Council recessed into closed session at 6:23 p.m.
8. Reconvene into Regular Session and take any action necessary as a result of the Closed Session,
including but not limited to: 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 Mayor Pro-Tern Bristol, seconded by Councilmember Dugger to reconvene into regular session.
Motion approved 7-0.
Council reconvened into regular session at 8:44 p.m.
Mayor Niswanger and Councilmember Drown left the meeting at 8:44 p.m.
Mayor Pro-Tem Bristol called for a break at 8:45 p.m.
Council reconvened at 8:54 p.m.
CONSENT AGENDA
9. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• October 23,2007—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)
Motioned by Councilmember Smith, seconded by Councilmember Dugger to approve the consent agenda items a.
through c. Motion approved 5-0.
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CITIZEN'S COMMENTS
10. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
11. 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 stated the public hearing
was opened and continued to the November 13, 2007 meeting at the October 23, 2007 Town Council meeting.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tem Turley to continue the public
hearing. Motion approved 5-0.
Mayor Pro-Tern Bristol opened the public hearing at 8:59 p.m.
David Kalhoefer with Sanchez Associates , owner representative, answered questions for council.
Ron Bile, Bryan Street, spoke in opposition to the proposed zoning.
Paul Thunderbird, Bryan Street, spoke in opposition to the proposed zoning.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to close the public hearing.
Motion approved 5-0.
Mayor Pro-Tem Bristol closed the public hearing at 9:15 p.m.
Due to the wording of the agenda item, council was unable to act on this item.
12. A public hearing to consider and act upon an amendment to the Zoning Ordinance regarding
screening between residential and non-residential properties located in the Old Town Core District
(Chapter 4, Section 5). (Z07-17) (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tern Turley, seconded by Councilmember Dugger to open the public hearing.
Motion approved 5-0.
Mayor Pro-Tern Bristol opened the public hearing at 9:24 p.m.
There were no comments by the public.
Motioned by Councilmember Smith, seconded by Councilmember Wadsworth to close the public hearing.
Motion approved 5-0.
Mayor Pro-Tern Bristol closed the public hearing at 9:25 p.m.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Smith to approve the ordinance per staff
recommendations. Motion approved 5-0.
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DEPARTMENT ITEMS
13. Consider and act upon approving and adopting an Ordinance establishing regulations for Garage
Sales in the Town and providing for the requirement of a permit(s) and all associated fees. (DL)
David Ledwitz, Code Enforcement Officer, gave council background information on this item.
Bryan Ausenbaugh, Building Official, answered questions for council.
Chris Blair, 841 Sybil Lane, spoke in opposition of the proposed ordinance.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tem Turley to approve the proposed
ordinance establishing regulations for garage sales within the Town and providing for the requirements of a
permit(s) and all associated fees.
Motion approved 5-0.
14. Consider and act upon approving and adopting an Ordinance amending the Town's Sign Code. (DL)
David Ledwitz, Code Enforcement Officer, gave council background information on this item.
Motioned by Councilmember Smith, seconded by Councilmember Dugger to approved item 14 as submitted by
staff. Motion approved 5-0.
15. Update on 2007 Collin County Bond. (HW)
Hulon Webb, Director of Development Services, gave council a brief presentation on what the Town can expect
from the recently passed Collin County Bond Election.
16. Consider and act upon the appointment of the Town of Prosper Parks and Recreation Board's Chair
and Vice-Chair positions. (WH)
Wade Hardin, Senior Planner, informed the council that the Parks and Recreation Board had nominated Trent
Lewis and Chair and Rutledge Gordon as Vice Chair.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to appoint Trent Lewis as Chair
and Rutledge Gordon as Vice Chair of the Parks and Recreation Board.
Motion approved 4-1 with Mayor Pro-Tem Bristol voting"no".
17. Consider and act upon 1) enter into a contract agreement with La Terra Studio, Inc. for the design
and construction plans for Folsom Park improvements 2) approve a resolution authorizing the
Town Manager to execute the same. (WH)
Wade Hardin, Senior Planner, gave council background information on this item.
Motioned by Councilmember Smith, seconded by Councilmember Wadsworth to approve item 17 as submitted by
staff. Motion approved 5-0.
18. Discuss and give direction on previous items requested by Town Council. (ML)
Mike Land, Town Manager, discussed with council a list of items previously brought up by council and gave the
status of each of the items.
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19. Discuss and give direction on having the Town Attorney present at Town Council meetings. (ML)
Mike Land, Town Manager, discussed with council the issue of having the Town Attorney at all the council
meetings. Council told Land to investigate the financial impact and proceed with having the Town Attorney at all
the Town Council meetings.
20. Consider and act upon a resolution for a water tower lease for an internet service antennae. (ML)
Mike Land, Town Manager, gave council background information for this item. Land informed the council that the
address for the water tower is 1454 E. First Street instead of 409 E. First Street as was shown in the staff memo and
resolution.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to approved item 20 as amended
by Town staff.
Motion approved 5-0.
21. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Deputy Mayor Pro-Tern Turley asked that Town staff revisit the bonfire issue since there is so much growth in the
area.
Mayor Pro-Tem Bristol asked that an item be placed on the consent agenda updating the council on the
coordination between the Prosper Police Department and the Prosper ISD in the case of a mass event.
Councilmember Wadsworth requested an item be placed on the next consent agenda updating the council on the
status of the Trails of Prosper. Councilmember Wadsworth also asked that a report on how the Town and the
Prosper ISD are going to handle the agreement for the joint park.
22. Adjourn.
Motioned by Councilmember Dugger, seconded by Councilmember Smith to adjourn.
Motion approved 5-0.
The meeting was adjourned at 10:22 p.m.
Attest:
atthew D. Denton, TRMC arles Niswanger, ayor
Town Secretary
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