09.28.2010 Town Council MinutesRegular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, September 28, 2010 at 6:00 p.m.
1. Call to Order / Roll Call.
The meeting was called to order at 6:04 p.m.
Roll call was taken by Mayor Smith.
Council present included: Mayor Ray Smith, Mayor Pro-Tem 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; Chris
Copple, Senior Planner; Wade Harden, Senior Planner; Frank Jaromin, Public Works Director; Matthew
Garrett, Finance Director; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor Joel Medina, Assembly of God.
Mayor Pro-Tem Smith led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Councilmember Vestal announced the Family Fun Fest on October 31, 2010 at Rucker Elementary.
Mike Land, Town Manager, announce the Cory Ausenbaugh Memorial 5K Fun Run and 1 Mile Walk and
the Prosper Health and Safety Fair both set for Oct 9. The Community Library has an open house on October
I7`h.
8. Discuss and appoint individuals to the Parks and Recreation Board, Planning & Zoning
Commission, Board of Adjustments/Construction Board of Appeals, and Economic
Development Corporation. (MD)
Motioned by Councilmember Dixon, seconded by Mayor Pro-Tem Dugger to make the following
appointments:
Parks and Recreation Board:
Chris Sanchez
Woody Adams
Nanette Shamblen
Planning and Zoning Commission:
Mark DeMattia
Chris Blair
Rick Turner
Chris Keith (1 year term)
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Economic Development Corporation:
Jim Wicker
Kevin Drown
Board of Adjustment/Construction Board of Appeals:
Bob Wierschem
Shon Merryman
Bob Jameson
Deborah Jackson (1 year)
Kecia Bass (Alternate)
Billy Hurst (Alternate)
Motion approved 7-0.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
September 14, 2010 — Town Council Meeting
September 22, 2010 — Special Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act an ordinance rezoning 162.7t acres, located on the southeast corner of Teel
Parkway and Fishtrap Road, from Agricultural (A) to Planned Development-
Commercial/Commercial Corridor (PD-C/CC). (Z10-0012). (CC)
C. Consider and act upon 1) an interlocal agreement between the Town of Prosper and the City of
Frisco regarding the provision of Geographic Information Systems (GIS) Services to the Town
and 2) a resolution authorizing the Town Manager to execute the same. (CC)
d. Consider and act upon a change order #1 to Walker Partner, LLC, for Engineering Design
Services for the Wilson Creek Tributary Wastewater Interceptor. (MB)
h. Consider and act on a Resolution by the Prosper Town Council supporting the Collin County
Commissioner's Court request regarding Collin County's representation at the Congressional
and State levels resulting from redistricting efforts in 2011. (ML)
FINANCIALS
i. Consider and act upon the financial statements ending August 31, 2010. (MG)
Mayor Pro-Tem Dugger requested items 4e, 4f, and 4g be removed from the consent agenda.
Motioned by Deputy Mayor Pro-Tem Miller, seconded by Councilmember Vestal to approve the consent
agenda items 4a through 4d, 4h, and 4i.
Motion approved 7-0.
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e. Consider and act upon 1) a change order #1 to Jacobs Engineering, Inc. for Professional
Design Services for the Community Park and 2) a resolution authorizing the Town Manager to
execute the same. (WH)
Wade Harden, Senior Planner, gave council background information on this item
Chad St. John, Jacobs Engineering, answered questions for council
Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to approve the revised change
order #1 to Jacobs Engineering for professional design services for the community park striking the section
titled "Design of Parks division and Fire Department storage facility (new during construction)($18,000) and
adopt a resolution authorizing the Town Manager to execute the same.
Motion approved 6-1 with Deputy Mayor Pro-Tem Miller voting "no."
f. Consider and act upon the expenditure of Park Improvement Funds for improvements at
Town Lake Park. (WH)
Wade Harden, Senior Planner, gave council background information on this item
Motioned by Councilmember Wilson, seconded by Mayor Pro -Tern Dugger to approve the expenditure of
Park Improvement funds in an amount not to exceed $20,000 for the construction of a dock in Town Lake
Park.
Motion approved 7-0.
g. Consider and act upon 1) an Interlocal Agreement between the Prosper Independent School
District and the Town of Prosper, Texas for the multi -purpose facility and 2) adopt a
resolution authorizing the Town Manager to execute the same. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to approve an Interlocal
Agreement between the Prosper Independent School District and the Town of Prosper, Texas for the multi-
purpose facility for the fall hours October 1, 2010 through November 3, 2010 Monday through Wednesday 6
p.m. to 9 p.m., and 2) adopt a resolution authorizing the Town Manager to execute the same.
Motion approved 7-0.
CITIZEN'S COMMENTS
5. Other Comments by the Public.
Ann Lieber announced a Town Hall Meeting on October 21, 2010 at 6:30 p.m. at Rogers Middle School.
REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act on an ordinance approving a negotiated resolution
between the Atmos Cities Steering Committee and Atmos Energy Corp. Mid -Tex Division
regarding a third rate review mechanism, allowing for the increase of rate tariffs and
extending the rate review mechanism process. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
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Motioned by Councilmember Vestal, seconded by Councilmember Dixon to open the public hearing.
Motion approved 7-0.
Mayor Smith opened the public hearing at 7:08 p.m.
There were no comments by the public.
Motioned by Councilmember Wilson, seconded by Deputy Mayor Pro-Tem Miller to close the public
hearing.
Motion approved 7-0.
Mayor Smith closed the public hearing at 7:09 p.m.
Motioned by Deputy Mayor Pro-Tem Miller, seconded by Councilmember Benefield to approve an
ordinance approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos
Energy Corp. Mid -Tex Division regarding a third rate review mechanism, allowing for the increase of rate
tariffs and extending the rate review mechanism process.
Motion approved 7-0.
DEPARTMENT ITEMS
7. Receive the Community Library monthly update. (LS)
Mike Land, Town Manager, gave council an update on the Community Library activity.
9. Consider and act upon an ordinance adopting a no -truck route to regulate the activities of
commercial trucks in the Town of Prosper on a portion of Frontier Parkway from Burlington
Northern Santa Fe Railway to Dallas North Toll Road. (FJ)
Frank Jaromin, Public Works Director, gave council background information on this item.
Motioned by Councilmember Vestal, seconded by Councilmember Dixon to approve item 9 with the
following change: Dallas North Tollway will be removed and replaced with Preston Road (SH 289).
Motion approved 7-0.
10. Consider and act an ordinance amending Sign Ordinance No. 10-010, Section 1.09(Q), Canopy
Signs. (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Travis Henegar, Racetrac representative, answered questions for council.
Motioned by Councilmember Vestal, seconded by Mayor Pro-Dugger to approve item 10.
Motion approved 7-0.
11. Discuss and receive input on the proposed median landscaping design of Prosper Trail from
Dallas North Tollway to Preston Road. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
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Council gave staff direction and instructions to move forward with the project.
12. Consider and act upon a resolution of support for the development of property as a mixed -use
retail and multi -purpose sports project, the commitment of the USDA to fund public
infrastructure and the potential creation of a Public Improvement District on approximately
310 acres generally located east of Legacy Drive, South of First Street, North of Hwy 380 and
west of the Dallas North Tollway. (ML)
Mike Land, Town Manager, gave council background information on this item.
Joe Drysdale, owner representative, answered questions for council.
Motioned by Councilmember Vestal, seconded by Deputy Mayor Pro-Tem Miller to approve item 12.
Motion approved 7-0.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Councilmember Dixon requested an item be placed on a future agenda regarding the lights on the ball fields.
14. Adjourn.
Motioned by Deputy Mayor Pro -Tern Miller, seconded by Mayor Pro-Tem Dugger to adjourn.
Motion approved 7-0.
Mayor Smith adjourned the meeting at 7:56 p.m.
Attest:
Town Secretary
Ray Smit , Mayor
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