12.11.2007 Town Council Minutes t = MINUTES
il' Regular Meeting of the Prosper Town Council
Prosper Middle School-Library
1 P TOWN OF 605 E. Seventh Street, Prosper, Texas
SPE, R Tuesday, December 11, 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-Tem
Dave Turley, Kenneth Dugger, Mike Wadsworth, and Ray Smith.
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Ronnie
Tucker, Fire Chief; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Deputy Mayor Pro-Tem Turley.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger announced the Christmas Tree Lighting was a huge success and estimated between 2500 and
3000 people attended. Mayor Niswanger also wanted to thank Karen Gill and Linda Guthrie for their work
organizing the event.
PRESENTATIONS
4. Presentation by Bill McMurry regarding the location of a future Prosper Post Office.
Bill McMurry, United States Postal Service, gave a short presentation stating the Prosper Post Office needs to be
expanded and the USPS is currently looking for property to build a new facility.
CONSENT AGENDA
5. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• November 27,2007—Regular Town Council Meeting
• December 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)
I 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)
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d. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between
Mustang-Midway Plano LTD., and Shaddock Developers, LTD., and 2) approve a
resolution authorizing the Town Manager to execute the same. (CC)
e. Consider and act upon a resolution canceling the December 25, 2007 Regular Town Council
Meeting. (MD)
f. Consider and act upon a resolution accepting the 2008 Workplan. (ML)
Motioned by Councilmember Smith, seconded by Mayor Pro-Tern Bristol to approve the consent agenda items 5a
through 5f.
Motion approved 6-0.
CITIZEN'S COMMENTS
6. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
DEPARTMENT ITEMS
7. Consider and act upon Interlocal Cooperation Agreement for Ambulance and Fire Protection
Service in Denton County. (RT)
Ronnie Tucker, Fire Chief, gave council background information on this item.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Dugger to approve the Interlocal Cooperation
Agreements with Denton County.
Motion approved 6-0.
8. Discuss and update the Town Council on the Trails of Prosper Channel Improvements Project. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Daniel Highsmith, Dowdy Engineering, also answered questions for council and the public.
Steve Ward, 7671 Sybil, addressed council regarding the improvements project.
Ed Faulkner, 770 Trail, addressed the council regarding the improvements project.
Terry Worthy, 790 Trail,addressed the council regarding the improvements project.
Patricia Sophocleous, 881 Sybil, addressed the council regarding the improvements project.
Council directed staff to proceed with option 1 and include looking into options for materials to pave the
road to the easement.
Councilmember Wadsworth left the meeting at 6:45 p.m.
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PUBLIC HEARINGS
9. A public hearing to consider and act upon an ordinance relating to approval of a taxation of goods-
in-transit that are otherwise exempted from taxation by Property Tax Code Section 11.253. (ML)
Mike Land, Town Manager, 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 Niswanger opened the public hearing at 6:49 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to close the public
hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:50 p.m.
Motioned by Mayor Pro-Tern Bristol, seconded by Deputy Mayor Pro-Tern Turley to approve the
ordinance to continue to tax Super Freeport goods and"opt out" of the exemption.
Motion approved 5-0.
EXECUTIVE SESSION
10. 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 551.087 to discuss the Western Prosper Sanitary Sewer Line.
c. 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.
11. Reconvene into regular session and take any action necessary as a result of the closed session.
12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
13. Adjourn.
Motioned by Councilmember Dugger, seconded by Councilmember Smith to adjourn.
Motion approved 5-0.
The meeting was adjourned at 6:51 p.m. , F If'
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