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06.22.2010 Town Council MinutesRegular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, June 22, 2010 at 6:00 p.m. 1. Call to Order / Roll Call. The meeting was called to order at 6:00 p.m. Roll call was taken by Mayor Smith. Council present included: Mayor Ray Smith, Mayor Pro -Tern Kenneth Dugger, Deputy Mayor Pro-Tem Meigs Miller, Dave Benefield, David Vestal, Danny Wilson, and Jason Dixon. Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Wade Harden, Senior Planner; Matthew Garrett, Finance Director; Michael Bulla, CIP Project Manager; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Randy Chapman, Rhea's Mill Baptist Church Mayor Smith led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Mike Land, Town Manager, announced TxDoT public meetings for Hwy 380 and Preston Rd. projects. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) June 8, 2010 — Town Council Meeting June 14, 2010 — Special Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. 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) d. Consider and act on a resolution authorizing the Town Manager to enter into a professional services agreement with Stewart and Brown to perform a Library Needs Assessment for the Prosper Community Library. (ML) Page 1 of 5 e. Consider and act on the 2009-2010 Renewal Proposal Analysis for the selection of group Medical, Dental, Vision, Disability, Life/AD&D, EAP, MERP and FSA insurance and claims administration. (MG) f. Consider and act on a resolution authorizing the Town Manager to negotiate and enter into an agreement with Freedom Document Profit Recovery Consultants for sourcing and managing the Town's copiers and printers, disposing of obsolescent devices and purchasing related capital for said activities. (MG) FINANCIALS g. Consider and act upon the financial statements ending May 31, 2010. (MG) Mayor Pro-Tem Dugger requested item 4c be removed from the consent agenda. Motioned by Councilmember Wilson, seconded by Deputy Mayor Pro-Tem Miller to approve the consent agenda items a, b, and d through g. Motion approved 7-0. C. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and Lighthouse Church related to the future construction of sidewalks along Prosper Trail and Custer Road and 2) a resolution authorizing the Town Manager to execute the same. (HW) Councilmembers Vestal and Benefield stepped down for this item. They filed Conflict of Interests Affidavits with the Town Secretary. Motioned by Mayor Pro-Tem Dugger, seconded by Mayor Smith to approved item 4c. Motion approved 5-0. CITIZEN'S COMMENTS 5. Other Comments by the Public. Chris Blair, Town representative to the UTRWD announced a member's breakfast on July 14`h and invited the council to attend. REGULAR AGENDA PUBLIC HEARINGS 6. A public hearing to consider and act upon a request to rezone 0.8t acre, located on the south side of First Street, 200f feet east of Coleman Street, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z10-0004). (CC) Hulon Webb, Director of Development Services, gave council background information on this item. Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor Pro-Tem Miller to open the public hearing. Motion approved 7-0. Mayor Smith opened the public hearing at 6:10 p.m. Sherry Williams, owner representative, answered questions for council. Page 2 of 5 Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Dixon to close the public hearing. Motion approved 7-0. Mayor Smith closed the public hearing at 6:11 p.m. Motioned by Deputy Mayor Pro-Tem Miller, seconded by Councilmember Vestal to approve the request to rezone 0.8± acre, located on the south side of First Street, 200f feet east of Coleman Street, from Single Family- 15 (SF-15) to Downtown Office (DTO). Motion approved 7-0. 7. A public hearing to consider and act upon a request to rezone 3.2f acres, located on the northeast corner of F.M. 1385 and Fishtrap Road, from Agricultural (A) to Retail (R). (Z10-0006). (CC) Hulon Webb, Director of Development Services, gave council background information on this item. Motioned by Deputy Mayor Pro-Tem Miller, seconded by Councilmember Wilson to open the public hearing. Motion approved 7-0. Mayor Smith opened the public hearing at 6:17 p.m. Cheryl Williams, owner representative, answered questions for council. Motioned by Mayor Pro -Tern Dugger, seconded by Deputy Mayor Pro -Tern Miller to close the public hearing. Motion approved 7-0. Mayor Smith closed the public hearing at 6:18 p.m. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Dixon to approve the request to rezone 3.2± acres, located on the northeast corner of F.M. 1385 and Fishtrap Road, from Agricultural (A) to Retail (R). Motion approved 7-0. DEPARTMENT ITEMS 8. Capital Improvement Projects Update. (AM) Michael Bulla, CIP Projects Manager, gave council a presentation on the current Capital Improvement Projects going on in town. 9. Consider and act upon 1) an award of bid to Weir Brothers, Inc., 2) enter into a contract agreement with Weir Brothers, Inc., regarding the construction services for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project and 3) adopt a resolution authorizing the Town Manager to execute the same. (MB) Michael Bulla, CIP Projects Manager, gave council background information on this item. Motioned by Councilmember Wilson, second by Councilmember Dixon to enter into a contract agreement with Weir Brothers, Inc., regarding the construction services for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project and adopt a resolution authorizing the Town Manager to execute the same. Motion approved 7-0. Page 3 of 5 10. Staff report and discussion on Finance Committee Meeting held on ,Tune 18, 2010. (MG) Mike Land, Town Manager, gave council a report on the June 18, 2010 Finance Committee meeting. 11. Consider and act on a resolution approving a target base salary range assignment for the Town of Prosper employees as provided by Public Sector Personnel Consultants as part of their Town of Prosper Comprehensive Compensation Analysis. (ML) Mike Land, Town Manager, gave council background information on this item. Motioned by Councilmember Dixon, seconded by Mayor Pro-Tem Dugger to approve a resolution stating the Town Council Policy regarding a target base salary range assignment is 100% of the comparator market as adopted by the Town Council on Tuesday May 11, 2010 for the Town of Prosper employees as provided by Public Sector Personnel Consultants as part of their Town of Prosper Comprehensive Compensation Analysis. Motion approved 7-0. 12. Consider and act upon making an appointment to the Planning and Zoning Commission. Motioned by Mayor Pro-Tem Dugger to appoint Chris Blair to the Planning and Zoning Commission position vacated by Jason Dixon. Motion approved 7-0. 13. Consider and act upon making two appointments to the Parks and Recreation Board. Motioned by Mayor Pro-Tem Dugger to appoint Woody Adams to the place formerly held by John Hickey. Motion approved 6-1 with Councilmember Vestal voting "no." Motioned by Deputy Mayor Pro-Tem Meigs Miller to reappoint Michael Lamb to the position he currently holds. Motion approved 4-3 with Mayor Pro-Tem Dugger and Councilmembers Wilson and Dixon voting "no." EXECUTIVE SESSION 14. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code to wit: Section 551.074 to deliberate regarding personnel matters. Motioned by Mayor Pro -Tern Dugger, seconded by Councilmember Vestal to recess into closed session. Motion approved 7-0. Council recessed into closed session at 7:11 p.m. 15. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Mayor Pro -Tern Dugger, seconded by Councilmember Wilson to reconvene into regular session. Motion approved 7-0. Council reconvened into regular session at 7:15 p.m. Motioned by Mayor Pro-Tem Dugger second by Deputy Mayor Pro-Tem Miller to approved addendum Number 1 to the Employment Agreement between the Town of Prosper and Michael Steven Land. Motion approved 7-0. Page 4of5 16. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 17. Adjourn. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to adjourn. Motion approved 7-0. Mayor Smith adjourned the meeting at 7:16 p.m. Attest: -w D. Denton, TRMC Secretary MIA Ray Smit , Mayor Page 5 of 5