05.08.2012 Town Council Minutes� 1�
TOWN OF
SPE
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 8, 2012
Council Meeting
6:00 p.m.
1. Call to Order / Roll Call — Mayor Ray Smith called the meeting to order at 6 p.m.
Council present included: Mayor Ray Smith; Mayor Pro Tem Kenneth Dugger, Jason Dixon, Curry
Vogelsang Jr., and Dave Benefield.
Council Member(s) absent: Deputy Mayor Pro Tem Meigs Miller and Danny Wilson.
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon Webb,
Director of Development Services; Chris Copple, Planning Director; and Matthew Garrett, Finance
Director.
2. Pastor Glen Gabbard with Christian Chapel gave the Invocation. The Pledge of Allegiance and
Pledge to the Texas Flag were given.
3. Announcements of dates and times of upcoming community events. Town Manager Mike Land
reminded everyone that the Windmill Playground build starts on May 14 and continues until May
20th. Development Director Hulon Webb urged citizens to participate in the Community Build.
Council Member Vogelsang announced the 5th Annual Prosperity Place 5k Fun Run is scheduled for
Saturday, May 19, 2012.
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.)
4. Mayor Smith presented Police Chief Kirk McFarlin and Assistant Police Chief Gary McHone a
proclamation recognizing Peace Officer Memorial Week May 13th through May 19th.
5. MINUTES. RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
April 24, 2012 — Regular Town Council Meeting
5b. Consider and act upon Ordinance No. 12-12 rezoning 1.4± acres, located on the west side of
Preston Road, 1,600± feet south of Prosper Trail (787 N. Preston Road), from Commercial
(C) to Planned Development -Retail (PD -R). (Z12-0003). (CC)
5c. Consider and act upon the Quarterly Investment Portfolio for the period ending March 31,
2012. (MG)
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5d. Consider and act upon Resolution No. 12-26, authorizing the Town Manager to hire a Special
Counselor to handle any matters involving Deion and/or Pilar Sanders in Municipal Court,
interviews of Prosper Police Officers and/or any other Police related matter which is the result
of the criminal matters pending or otherwise which relate to Deion and/or Pilar Sanders, as
well as any other purposes directed, and deemed necessary, by the Town Manager (ML)
Council Member Benefield made a motion to approve Consent Items 5a -5d, as presented.
Motion seconded by Council Member Vogelsang. Motion approved by 5-0.
6. CITIZEN'S COMMENT
(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.)
Other Comments by the Public- Citizen Katie Gaims who resides at 120 Dave Trail addressed
Council regarding train horn noise that routinely disturbs her family. Ms. Garms provided Council
with a timeline reflecting dates and times of disturbances. She asked Council to consider adding
railroad crossings at Fifth and First Street designating these zones as "Quiet Zones." She thanked
Council in advance for their consideration and any assistance they could provide.
Council skipped to Agenda Item 8.
Mayor Pro Tem Dugger made a motion to recess into closed session at 6:11 p.m. Motion seconded
by Council Member Benefield. Motion approved by vote of 5-0.
8. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act to deliberate regarding;
8a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
south of Prosper Trail, east of the BNSF railroad, west of Custer, and north of Highway 380.
8b. Section 551.071. Meeting with Town Attorneys regarding a matter in which the duty of the
Town Attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas conflicts with the Open Meetings Act regarding legal issues relating to alleged
conflict of interest.
8c. Section 551.071. Meeting with Special Counsel regarding a matter in which the duty of the
Special Counsel under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas conflicts with the Open Meetings Act regarding legal issues relating to the Sanders
matters which involve the Town.
8d. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Mayor Pro Tem Dugger made a motion to reconvene into Open Session at 8:01 p.m. Motion
seconded by Council Member Benefield. Motion approved by vote of 5-0. No action was taken as a
result of Closed Session.
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REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
"'Speaker Request Forrn" 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.)
7. Consider and act upon Resolution No. 12-27 directing publication of notice of intent to issue Town of
Prosper Combination Tax and Revenue Certificates of Obligation. Finance Director Matthew Garrett
introduced Jason Hughes with First Southwest Financial who briefed Council regarding this item.
Mr. Hughes explained the procedures in regards to publication requirements for Notice of Intent and
the time frame of issuing Certificates of Obligation Bonds.
Mayor Smith asked staff to bring forward a list of debt obligations at a future meeting for discussion
and to allow Council to prioritize projects.
Council Member Vogelsang made a motion to approve Resolution No. 12-27 directing publication of
notice of intent to issue Town of Prosper Combination Tax and Revenue Certificates of Obligation.
Motion seconded by Council Member Benefield. Motion approved by vote of 5-0.
9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council directed
staff to bring forward an update on road construction projects at Preston Road and First Street. Mayor
Smith asked staff to bring forward a debt obligation list related to the Certificates of Obligation at a
future meeting.
10. Adjourn- The meeting adjourned at 8:25 p.m.
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Ray Smith, Mryar
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Amy M. Piukarg`TRMC
Town Secretary
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