01.11.2005 Town Council MinutesTOWN OF
PER
1 . Call to Order/ Roll Call.
Meeting was called to order at 6:03 p.m.
Roll call was taken by the Town Secretary
Minutes (approved)
Regular Meeting of the Prosper Town Council
601 South Church Street
Prosper First Baptist Church Children's Building (S. Wing)
Tuesday, January 11, 2005 6:00 p.m.
Council present included: Mayor Charles Niswanger, Ane Casady, Kevin Drown, Mike Wadsworth and David Bristol. Mayor Pro -Tem Lisa
Dritschler was absent.
Staff present included: Town Administrator, Doug Mousel; Director of Planning, Mitch Humble; and Town Secretary, Shanae Jennings.
2. Presentation of an American flag to the Town of Prosper by Congressman Ralph Hall
Motioned by David Bristol, seconded by Kevin Drown to skip items 2 and 3 and move ahead to item 4, until such time that our
Congressman Hall arrives. Motion approved 4-0.
Council moved back to item 2 at approximately 6:30 p.m. after they completed item 9.
Presentation of an American flag was made by Congressman Ralph Hall to the Town of Prosper and the Prosper Town Council. The
Mayor and Councilperson David Bristol accepted the flag presented by Congressman Hall on behalf of the Town of Prosper. The
,igressman asked that Prosper not forget the people who originated in Prosper and created the Town. He also stated that the flag
vinich was presented tonight has flown over the capital, and he is goad to leave it in the hands of theTown of Prosper.
3. Invocation and Pledge of Allegiance -
Invocation was given by Councilman Mike Wadsworth. Pledge of Allegiance followed. Council took a short recess at this time — 6:35 p.m.
Once item 3 was complete council moved back to item 10 and resumed where they had left off previously.
4. Announcements of dates and times of upcoming community events
The first day to file for a place on the ballot as a council member is February 7, 2004.
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon
in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any
single item without comment and may submit written comments as part of the official record.)
5. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings: (SJ)
0 December 21, 2004 Regular Meeting
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ANNEXATION PETITION
b. Consider and act to accept a Petition presented by Axxium Land Development, LLC, and to set dates for two public
hearings and call for a service plan for the voluntary annexation of a tract of land located in the Collin County School Land
Survey, Abstract No. 147, Collin County, Texas, containing 77.6972 acres of land, and being more generally located at the
northeast corner of Coleman Street and Prosper Trail. (A 2004-28, Axxium Land Development, LLC) (SJ)
PLAT
c. Consider and act upon approval of an amended plat for Whispering Farms, Phase 1, being 92 lots on 176.2± acres
located at the southeast corner of Prosper Trail and Colt Road (1304-25). (MH)
FINANCIALS
d. Consider and act upon the financial statements ending December 31, 2004. (AL)
Motioned by Mike Wadsworth, seconded by Ane Casady to approve the consent agenda. Motion approved 4-0.
PUBLIC COMMENTS
(The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this
agenda. Please complete a 'Public Comments Form" and present it to the Town Secretary prior to the meeting.)
6. Comments by the Public
There were no comments by the public tonight.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town
:retary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those
..,.;hint' to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS /ASSOCIATED ORDINANCES/PLATS
7. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the
Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing 119.453 acres of land, and being more generally
located at the southwest corner of Prosper Trail and Custer Road. (A 2004-27, Clark Partners, L.P.) (SJ)
Motioned by Kevin Drown, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 6:07 p.m.
There were no requests to speak on this item.
Motioned by Ane Casady, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 6:07p.m.
8. A pubic hearing to consider and act upon a final plat of Whispering Farms, Phase 2, being 52 single family lots on 121.1±
acres and being a replat of Whispering Farms, Phase 1, Block G, Lot 1 and Block A, Lots 6X,15, and 16, located on the east side
of Coit Road, 1,200 ± feet south of Prosper Trail (D04-24). (MH)
The applicant requested that Council table this item to the January 25, 2005 Town Council meeting. It was not necessary to hold a public
hearing on this item due to the applicants request to table it.
Jotioned by Mike Wadsworth, seconded by Kevin Drown to table this item to the January 25, 2005. Motion approved 4-0.
9. A public hearing to consider and act upon a request for a variance to the Sign Code regarding the setback of a proposed
monument sign on the west side of Preston Road, 500± feet south of Bridgeport Drive (VO4-3). (MH)
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Motioned by Mike Wadsworth, seconded by Ane Casady to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 6:14 p.m.
There were no requests to speak on this item.
Motioned by Kevin Drown, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 6:15 p.m.
Motioned by David Bristol, seconded by Kevin Drown to approve a request for a variance to the Sign Code regarding the setback of a
proposed monument sign on the west side of Preston Road, 500± feet south of Bridgeport Drive (VO4-3) subject to staff recommendations.
Motion approved 4-0.
Council moved back to item 2 at this time — approximately 6:30 p.m.
10. A public hearing to consider and act upon a request for a variance to the requirement of a maximum four -foot fence height
when located in the front yard of a single family home located at 500 Cloud View Court, at the northwest corner of Cloud View
Court and Rock Hill Road within the Willow Ridge subdivision (VO4-4). (MH)
Council moved from item 3 back to item 10 at approximately 6:45 p.m. to resume the public hearings.
Staff is recommending denial of this variance request because the applicant has only met one of the criteria set forward by Town
standards.
Motioned by Mike Wadsworth, seconded by Ane Casady to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 6:47p.m.
Doug Bloomer, 6600 Preston Rd. #1013 — He stated that he found five other houses with fences of comparable heights to the one he is
proposing and that he would like council to approve his variance request. The addresses of the houses are as follows:
"!131 Willowmist; 750 Rock Hill Road; 841 Brittany; 961 Brittany; and 260 Stephanie.
Andy Voit, 700 Willowgate, Prosper, TX. — Mr Voit is a salesman for Highland Homes and he is here on behalf of Mr. Bloomer. He said
that this is not something that is out of the question for consideration and that he supports Mr. Bloomer's request.
Doug Mousel stated that this vote tonight is not about whether Council agrees or disagrees with the request, but it is about whether or not
the criteria meets the design standards set by the Town.
Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:01 p.m.
Motioned by David Bristol to approve a request for a variance to the requirement of a maximum four -foot fence height when located in the
front yard of a single family home located at 500 Cloud View Court, at the northwest corner of Cloud View Court and Rock Hill Road within
the Willow Ridge subdivision, with the exception that the fence line be moved back 10 feet from the property line and 15 feet from the
building line. David Bristol asked to amend his motion and add the stipulation that the fence not be located on a retaining wall. Motion was
seconded by Mike Wadsworth. The vote on this motion was 3-1. Councilperson Ane Casady opposed the motion. Town Administrator
Doug Mousel explained that this motion fails due to the fact that the variance request must receive four concurring council votes. This is
per the Town of Prosper Zoning Ordinance, as well as per state law. Since this vote only received three concurring council votes, the
motion fails.
Motioned by David Bristol, seconded by Kevin Drown to table this item to the January 25, 2005 Town Council meeting so that the Town
and the applicant have time to work on this item. Motion approved 4-0.
11. A public hearing to consider and act on a request to rezone 44.0± acres at the northwest corner of Custer Road and
''niversity Drive from Single Family -1 to Commercial (Z04-21). (MH)
he applicant requested that Council table this item to the January 25, 2005 Town Council meeting. It was not necessary to hold a public
hearing on this item due to the applicants request to table it.
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Motioned by Kevin Drown, seconded by Mike Wadsworth to table this item to January 25, 2005. Motion approved 4-0.
12. A public hearing to consider and act on a request to rezone 9.6± acres on the west side of Coit Road, 90+ feet south of
Frontier Parkway from Single Family -1 to Office (Z04-23). (MH)
-,ecause this item received opposition in the amount of 20% of those who were notified of the rezoning request, a supermajority of the
Council must vote to approve this item. However, because a councilperson is missing it is unclear as to whether a supermajority consists
of a supermajority of the council present tonight, or a supermajority of the overall council. Therefore, this item will be acted on at the
following meeting.
Motioned by David Bristol, seconded by Mike Wadsworth to table this item to the January 25, 2005 meeting. Motion approved 4-0.
After discuss on item 13 was complete, Council chose to reconsider this item once Staff had time to confirm what a supermajority of the
council meant in situations such as these. Staff confirmed that a supermajority of council for the Town of Prosper consists of the entire
council, and not of the council which is present. Therefore, four out of five votes must be cast in order for a supermajority to exist.
Motioned by David Bristol, seconded by Mike Wadsworth to rescind the prior motion to table this item and to re -open this item for
consideration. Motion approved 4-0.
Motioned by Mike Wadsworth, seconded by Ane Casady to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:47p.m.
Cheryl Vines, 1300 Blue Forest, Prosper, TX — She is the applicant and has submitted to have this land rezoned as office space. She feels
that this will offer a more economic alternative to those who would like to utilize office space off of Preston Road but cannot otherwise
afford to rent off of Preston.
Dave Williams, 1821 Gentle Way, Prosper, TX —He owns property to the south and west of this land and does not believe that this is an
appropriate place and use for office space zoning — especially since it is adjacent to estate zoning.
.,6tioned by Kevin Drown, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 8:03 p.m.
Motioned by Mike Wadsworth, seconded by Ane Casady to deny a request to rezone 9.6± acres on the west side of Coit Road, 90± feet
south of Frontier Parkway from Single Family -1 to Office (Z04-23). Motion to deny was approved 4-0.
13. A public hearing to consider and act on a request to amend PD -9 -Single Family to include and an additional 119.4± acres
located at the southwest corner of Prosper Trail and Custer Road into the Whitley Place Planned Development and to include
some additional single family lot types in that planned development (Z04-24). (MH)
The public hearing notices for this item were posted in the paper as required by law. However, the mailings, which must be sent out, were
not appropriately distributed; therefore, action on this item could not be taken tonight.
Motioned by Mike Wadsworth, seconded by David Bristol to table this item to the January 25, 2005 meeting until notices can be
appropriately mailed to residents. Motion approved 4-0.
Mike Wadsworth suggested that staff check to see what the zoning ordinance stipulates regarding a supermajority vote and go back to
item 12 to re -address the issue. At this time council moved back to item 12 to re -address that item.
DEPARTMENT ITEMS
14. Review and discuss the Town's financial audit of the 2003-2004 fiscal year. (DM)
Randy Howard, Pingleton Howard and Company, P.O. Box 148, Frisco, TX — He is a Senior Partner with Pingleton Howard, the firm who
,nducted the Town's audit. He covered the audit in general.
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Mr. Howard recorded that the financial statements of the Town were in a much better condition this year, ending in September 2004, than
they were in the year ending in September 2003. They did recommend hiring a Finance Director in the near future to administer the Town's
budget.
)'. Consider and act upon an ordinance approving CoSery Gas Ltd.'s revised tariffs applicable to residential and commercial
service. (DM)
Motioned by David Bristol, seconded by Ane Casady to adopt the ordinance approving CoSery Gas Ltd.'s revised tariffs applicable to
residential and commercial service within the Town. Motion approved 4-0.
16. Consider and act upon a resolution ratifying the Town's intervention before the Railroad Commission of Texas regarding
the filing of a gas cost prudence review by Atmos Energy Corporation, formerly TXU Gas Company (Atmos/TXU Gas);
designating a representative of the Town to serve on a steering committee; and requiring reimbursement of reasonable legal and
consultant expenses. (DM)
Motioned by Ane Casady, seconded by Kevin Drown to adopt a resolution ratifying the Town's intervention before the Railroad
Commission of Texas regarding the filing of a gas cost prudence review by Atmos Energy Corporation, formerly TXU Gas Company
(Atmos/TXU Gas); designating a representative of the Town to serve on a steering committee; and requiring reimbursement of reasonable
legal and consultant expenses. Motion approved 4-0. Council appointed Town Administrator Doug Mousel as the representative to serve
on this steering committee.
17. Consider and act upon a resolution suspending an interim rate adjustment (GRIP rate increase) proposed by Atmos Energy
Corporation, formerly TXU Gas Company (Atmos/ TXU Gas); authorizing participation in a steering committee to review the
proposed rate increase and recommend further action related to the proposed rate increase; designating a representative of the
Town to serve on the steering committee; authorizing intervention in any proceedings related to the proposed rate increase; and
requiring reimbursement of reasonable legal and consultant expenses. (DM)
Motioned by Mike Wadsworth, seconded by David Bristol to adopt a resolution suspending an interim rate adjustment (GRIP rate increase)
)posed by Atmos Energy Corporation, formerly TXU Gas Company (Atmos/ TXU Gas); authorizing participation in a steering committee
to review the proposed rate increase and recommend further action related to the proposed rate increase; designating a representative of
the Town to serve on the steering committee; authorizing intervention in any proceedings related to the proposed rate increase; and
requiring reimbursement of reasonable legal and consultant expenses. Motion approved 4-0. Council appointed Town Administrator Doug
Mousel as the representative to serve on this steering committee.
18. Review and discuss December 2004 Activity Reports for the following departments, committees and projects:
• Administration
• 2004 Bond Projects
• Police Department
• Fire Department
• Planning Department
• Public Works
• Inspections
• Communications
• Parks and Recreation Committee
• Prosper E.D.0
Council would still like to see the potholes in front of the Middle School located on the southeast corner of Parvin and Seventh Street fixed.
The Cotton Gin asked to pass on their appreciation to the public works staff regarding their assistance with a water leak.
Discuss recent and upcoming activities of the Mayor and Town Administrator. (DM/CN)
A general overview of the recent and upcoming activities of the Mayor and Town Administrator were covered.
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20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Mike Wadsworth asked for a report or discussion on what is being proposed for the future traffic control of E. First Street and the
La Cima area since the new school will open in the fall.
EXECUTIVE SESSION
21. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit:
Council recessed into executive session at 8:36 p.m.
a) Section 551.087 — Deliberations regarding commercial or financial information that the Prosper Town Council has
received from business prospects that the Prosper Town Council seeks to have locate, stay, or expand in the Town and with
which the Prosper Town Council is conducting economic development negotiations for retail and commercial development.
b) Section 551.072 - Deliberation about real property regarding:
i) Acquisition of right of way for the extension of the Dallas North Tollway.
ii) Lease of property by the Town for municipal offices.
22. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened from executive session at approximately 9:16 p.m. No action was taken as a result of the executive session.
DEPARTMENT ITEMS
23. Consider and act upon an option to extend the lease for the property located at 113 W. Broadway and a resolution
authorizing the Mayor to execute the same. (DM)
�tioned by Ane Casady, seconded by Kevin Drown to extend the lease for the property located at 113 W. Broadway and a resolution
authorizing the Mayor to execute the same. Motion approved 4-0.
24. Consider and act upon a lease agreement for property by the Town for municipal offices and a resolution authorizing the
Mayor to execute the same. (DM)
Motioned by Mike Wadsworth, seconded by Ane Casady to table this item to the January 25, 2005 meeting until the Town Administrator
can get cost estimates for the move to the new building versus the cost estimates for building a new ramp at the current annex location.
Motion approved 4-0.
25. Adjourn
Motioned by Mike Wadsworth, seconded by Ane Casady to adjourn the meeting. Motion approved 4 -0. Meeting adjourned at 9:20 p.m.
Attest:
f �
Shanae Jennings, Town tary
Chad i g ayor
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