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01.24.2006 Town Council MinutesTOWN OF l 1 E 1. Call to Order I Roll Call. Meeting was called to order at 7:16 p.m. Roll call was taken by the Town Secretary Minutes (approved) Regular Meeting of the Prosper Town Council 800 Somerville Drive Folsom Elementary School (Community Room) Tuesday, January 24, 2006 at 7:00 p.m. OR Immediately following the Joint Meeting between the Prosper Independent School District Board of Directors and the Prosper Town Council Council present included: Mayor Charles Niswanger, Dave Turley, Kevin Drown, Mike Wadsworth and David Bristol. Mayor Pro -Tem Lisa Dritschler was absent. Dave Turley was present at the beginning of the meeting, but not present during roll call. Staff present included. Town Administrator, Doug Mousel; Director of Planning, Mitch Humble; Business Manager, Ron Butler; and Town Secretary, Shanap Jennings. 2. Invocation and Pledge of Allegiance Invocation was given during the joint meeting. Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events The first day to file for a place on the ballot is February 11, 2006. The last day to file for a place on the ballot is March 13, 2006. CONSENT AGENDA jAems 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 Rem without comment and may submit written comments as part of the official record.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings: (SJ) ® January 10, 2006 Regular Meeting FINANCIALS b. Consider and act upon the financial statements ending December 31, 2005. (RoB) ORDINANCES AND RESOLUTIONS c. Consider ano,act upon a Resolution ordering a General Election to be held jointly with the Prosper Independent School District and the Pollin County Community College District, and administered by the Collin County Elections Administration on May 13, 2006, for the purpose of electing three (3) members, Place 3, Place 4, and Place 5, to the Town of Prosper town Council to fill expired terms. (SJ) d. Consider and act upon -the adoption of an ordinance rezoning 8.8t acres on the north side of Prosper Trail, 1,100± feet west of Dallas Parkway from Single Family -15 to Commercial Corridor (Z05-15). (MH) CONTRACTS AND AGREEMENTS Page 1 of 4 e. Consider and act upon a Joint Election Agreement and Contract for Election Services between the Town of Prosper, the Prosper Independent School District and the Collin County Community College District, and administered by the Collin J County Elections Administration for the May 13, 2006 General Election. (SJ) Motioned by Mike Wadsworth, seconded by Kevin Drown to approve the consent agenda, subject to staff recommendations. Motion approved 3-0. Dave Turley returned to the meeting following action on this item. 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.) 5. 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 Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those wishing 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 6. Presentation of Service Plan and second public hearing to consider the voluntary annexation of a tract of land located in the P. Barnes Survey, Abstract No. 79, Denton County, Texas, J. Gonzales Survey, Abstract No. 447, Denton County, Texas, B.R. Hodges Survey, Abstract No. 593, Denton County, Texas, and J. Kennedy Survey, Abstract No. 1688, Denton County, Texas, containing approximately 107.6 acres of land, and being more generally located on the southeast comer of Fishtrap Road (First Qfreet) and FM 1385. (SJ) Motioned by Kevin Drown, seconded by Dave Turley to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 7:21 p.m. There were no requests to speak on this item. Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 7:22 p.m. 7. Presentation of Service Plan and second public hearing to consider the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 21.72 acres of land, and being more generally located on the southeast corner of west First Street and Legacy Drive. (SJ) The applicant has requested, in writing, that this annexation be withdrawn. The applicant indicated that they plan to resubmit the annexation and begin the process again in the future. DEPARTMENT ITEMS 8. Consider and act upon the appointment of a Chairman and Vice -Chairman for the Board of Adjustments/Construction Board of Appeals (MH) The board recommends to the Council that Rudy Guerrero be appointed as the Chairman, and that Michael Borne be appointed as the Vice -Chair. )boned by Kevin brown, seconded by Dave Turley to appoint Rudy Guerrero as the Chairperson, and Michael Borne as the Vice- -c.fhairperson for the Board of Adjustments/Construction Board of Appeals. Motion approved 4-0. Page 2 of 4 9. Consider and act upon a resolution authorizing an earlier collection of delinquent personal property and to impose penalties as authorized by Section 33.11 of the Texas Property Tax Code. (DM) - Motioned by David Bristol, seconded by Mike Wadsworth to approve a resolution authorizing an earlier collection of delinquent personal operty and to impose penalties as authorized by Section 33.11 of the Texas Property Tax Code. Motion approved 4-0. 10. Consider and act upon 1) an amendment to the contract between the Town of Prosper and Linebarger Goggan Blair & Sampson, LLP regarding the collection of delinquent taxes and 2) a resolution authorizing the Mayor to execute the same. (DM) Motioned by Mike Wadsworth, seconded by David Bristol to approve 1) an amendment to the contract between the Town of Prosper and Linebarger Goggan Blair & Sampson, LLP regarding the collection of delinquent taxes and 2) a resolution authorizing the Mayor to execute the same. Motion approved 4-0. 11. Consider and act upon 1) an agreement between the Town of Prosper and Lakes of Prosper, Ltd. regarding the Improvement of Prosper Trail between Coleman Street and the Dallas North Tollway and 2) a resolution authorizing the Mayor to execute the same. (DM) The council indicated that they would like to move forward with this agreement and resolution; but that they would like to review the agreement before taking action on it. 12. Discuss the purpose of an Impact Fee Advisory Committee and provide direction to Town staff regarding the appointment of the Committee. (DM) Staff recommends that -the EDC be appointed as the Impact Fee Advisory Committee because it has the exact number of individuals on the board with the respective expertise necessary in order to fill the positions. The Council was supportive of this concept, as long as all members on the EDC were receptive to the idea. It was indicated that the EDC members are interested. There are no conflicts of interest in appointing the EDC members to be the representatives that comprise the Impact Fee Advisory Committee. Review and discuss the first quarter of the Town's 2005.2006 budget and make any necessary amendments. (DM) The Town Administrator reviewed the budget in terms of the current revenues and expenditures at this time and requested that Council indicate if there are any amendments that they would like to make. Council did not have specific recommendations at this time. 14. Discuss and provide direction to Town staff regarding efforts to engage in a strategic planning/goal setting process. (DM) Council discussed the idea of bringing in a consultant versus doing an in-house strategic planning/goal setting process. It was the consensus of the council that staff attempt to do this internally, versus bringing in a consultant. 15. Discuss monthly activity reports from Town departments and committees. Council briefly discussed the activity reports of each department. 16. Review, discuss, and act upon a salary and benefits study. (DM) Motioned by Dave Turley, seconded by Mike Wadsworth to table this item. Motion approved 4-0. EXECUTIVE SESSION 17. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.074, a) Discuss the annual performance evaluation of the Town Administrator. b) Discuss and evaluate the performance of the Police Chief and Police Captain. 'Otioned by Mike Wadsworth to table this item. This motion died for lack of a second. Motioned by David Bristol, seconded by Mike Wadsworth to table item 17a but convene into executive session for item 17b. Motion approved 4-0. Council convened into executive session at approximately 9:00 p.m. Page 3 of 4 18. Reconvene into regular session and take any action necessary as a result of the closed session. Motion by Mike Wadsworth, seconded by David Bristol to reconvene into regular session. Motion approved 4-0. Council reconvened into ecutive session at approximately 10:39 p.m. There was no action necessary as a result of the executive session. 19. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. There were no items suggested for discussion at a future meeting. 20. Adjourn Motion by David Bristol, seconded by Mike Wadsworth to adjourn. Motion approved 4-0. The meeting was adjourned at 10:40 p.m. Attest: arl is 16 al-ftlgaer, May Page 4 of 4