11.27.2007 Town Council Minutes • MINUTES
ilk Regular Meeting of the Prosper Town Council
Prosper Middle School-Library
I P TOWN OF 605 E. Seventh Street,Prosper, Texas
SPERTuesday, November 27, 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 Charles Niswanger, Mayor Pro-Tern David Bristol, Deputy Mayor Pro-Tern
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; Dan Tolleson, Executive Director of the Economic Development Corporation; and
Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Dave Benefield, Lighthouse Christian 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 on December 8''' at 6 p.m. in Downtown Prosper.
Deputy Mayor Pro-Tem Turley announced the Prosper Chamber of Commerce Christmas Party on November 30th
from 6:00 p.m. to 9:00 p.m. at 3474 Twin Lakes Drive.
EXECUTIVE SESSION
4. 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 551.072 to discuss and give direction on the purchase, exchange, lease or value of real
property.
Motioned by Councilmember Smith, seconded by Councilmember Dugger to recess into closed session.
Motion approved 7-0.
Council recessed into closed session at 6:09 p.m.
5. 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
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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 7-0.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approved the Preannexation
Agreement as presented and authorize the Town Manager to sign said agreement subject to the final "clean ups"
win no substantive changes, other than, the Town Manager and Town Attorney are authorized to do final negations
for specifically sections 2(f), 15(b), 19, 40, and 47.
Motion approved 7-0.
Mayor Niswanger left the meeting at 6:58 p.m.
CONSENT AGENDA
6. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• November 12,2007—Special Town Council Meeting
• November 13,2007—Regular Town Council Meeting
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
c. Consider and act upon an ordinance amending 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)
d. An update on the Prosper emergency services role in the bomb threat at Prosper High School. (KM)
e. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between MF VII
Prosper 41,LP, and Western Rim Investors 2007-3,L.P., and 2) approve a resolution authorizing the
Town Manager to execute the same. (CC)
ANNEXATION PETITIONS
f. Consider and act to accept a petition presented by LandPlan Development Corp. to set dates for two
public hearings and call for a service plan for the voluntary annexation of approximately 10.0141
acres of land located in the Spencer Graham Survey, Abstract No.359, and being more generally
located +3700 east of Coit Road and +1840 north of E. First Street. (MD)
g. Consider and act to accept a petition presented by Lighthouse Church to set dates for two public
hearings and call for a service plan for the voluntary annexation of approximately 10.85 acres of land
located in the George Horn Survey, Abstract No.412, and being more generally located north of
Prosper Trail and west of Custer Road. (MD)
FINANCIALS
h. Consider and act upon the financial statements ending October 31,2007.(RB)
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Mayor Pro-Tern Bristol requested Item 6b be pulled from the Consent Agenda.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to approve the consent agenda
items 6a and 6c through 6h.
Motion approved 6-0.
b. An update on the Town's sports fields and/or the construction of future sports fields. (WH)
Mayor Pro-Tem Bristol asked that this item be pulled from the agenda for further discussion with staff
Hulon Webb, Director of Development Services, gave council an update on the sports fields.
Motioned by Councilmember Smith, seconded by Mayor Pro-Tem Bristol to approve item 4b.
Motion approved 6-0.
CITIZEN'S COMMENTS
7. Other Comments by the Public.
Scott Schur, 981Lindsey Drive, addressed council regarding the condition of the sports fields.
REGULAR AGENDA
DEPARTMENT ITEMS
8. Discuss and act upon an ordinance establishing a new curfew for juveniles under the age of 17
years. (KM)
Mike Land,Town Manager, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tem Bristol to approve the ordinance.
The motion died due to a tie vote. Deputy Mayor Pro-Tern Turley, Councilmember Dugger, and Councilmember
Smith voted"no."
9. Consider and act upon an ordinance adopting a Code of Ethics as required by the Town Charter.
(ML)
Mike Land, Town Manager, and Matthew Denton, Town Secretary gave council background information on this
item.
The Town Council discussed the proposed ordinance and made some recommendations and requests for staff
Town staff will bring the item back to council at a future council meeting.
Mayor Niswanger returned to the meeting at 7:30 p.m.
10. Consider and act upon 1) 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), and 2) an ordinance rezoning the same. (CC)
Chris Copple, Senior Planner, gave council background information on this item.
David Kalhoefer, Sanchez Associates, answered questions for council.
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Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tern Bristol to approve the requested zoning as
Retail (R), 13.4± acres, and Commercial (C), 8.9± acres as shown on Exhibit A and adopt an ordinance rezoning
the same.
Motion approved 7-0.
11. Discuss and update the Town Council on status of negotiating a Regional Wastewater Treatment
Services Contract between the Upper Trinity Regional Water District and the Town of Prosper.
(HW)
Torn Taylor,Upper Trinity Regional Water District, gave a presentation to council.
Mike Land, Town Manager, discussed the contract with council and stated the council will vote on the contract at
the December 4, 2007 Special Town Council Meeting.
12. Discuss and provide direction to Town staff regarding various proposed turn lane improvements
along TiDOT roadways in the Town of Prosper. (HW)
Hulon Webb, Director of Development Services, discussed the various proposed turn lanes. Council discussed the
turn lanes and instructed staff to inquire about adding additional turn lanes on Preston Road.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Deputy Mayor Pro-Tern Turley asked for staff to give an update the Preston 48 situation. Turley also asked for
staff if building permits have an expiration date after being issued and if not, to bring an ordinance forward putting
a time limit on building permits.
Mayor Pro-Tem Bristol asked that an item be placed on a future agenda regarding recording devices and showing
the video of the council meetings on the Town's website.
14. Adjourn.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to adjourn.
Motion approved 7-0.
The meeting was adjourned at 8:38 p.m.
Attest:
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