10.28.2008 Town Council MinutesTOWN OF
p 1i SPER
1. Call to Order / Roll Call.
The meeting was called to order at 6:09 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Regular Meeting of the Prosper Town Council
Prosper ISD Central Administration
605 E. Seventh Street, Prosper, Texas
Tuesday, October 28, 2008 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem
Kenneth Dugger, Dave Turley, David Vestal, Meigs Miller, and Danny Wilson.
Staff present included: Mike Land, Town Manager; Wade Harden, Senior Planner; Curtis Smith, Fire Captain;
Bryan Ausenbaugh, Fire Marshal; Kirk McFarlin, Police Chief, Ron Butler, Controller; and Matthew Denton,
Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor John Fowler, Prosper Presbyterian Church.
Pastor Fowler led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Councilmember Vestal announced the Fun Fest to be held at Rucker Park on October 21, 2008 from 6:00 p.m. to
8:00 p.m.
PRESENTATIONS
4. Presentation by Collin County Commissioner Joe Jaynes regarding a $400,000 grant from Collin
County for the Community Park.
Mayor Niswanger received a check from Commissioner Jaynes for $400,000 for the Community Park.
CONSENT AGENDA
7. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• October 14, 2008 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon an ordinance for the voluntary annexation of approximately 121.281 acres
of land generally located north of HWY 380 and +3640' west of the Dallas North Tollway.
(MD)
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C. Consider and act upon a resolution setting the schedule for the involuntary annexations.
(MD)
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School District regarding library services and 2) a resolution authorizing the Town Manager to
execute the same. (ML)
e. Consider and act upon an ordinance rezoning 186.9± acres, located on the north side of U.S. 380,
800± feet east of Dallas Parkway, from Industrial (1) to Planned Development —
Commercial/Commercial Corridor (PD-C/CC). (Z08-15). (CC)
E Consider and act upon an ordinance rezoning 125.0± acres, located on the north side of U.S. 380,
3,600± feet west of Dallas Parkway, from Agricultural (A) to Planned Development —
Commercial/Commercial Corridor (PD-C/CC). (Z08-16). (CC)
i. Consider and act upon a resolution amending the Town Council Rules of Order and Procedure,
Section 5.3a. (MD)
j, Consider and act upon 1) the Second Amendment to the development agreement between MF V
Chesney 65, LP, and the Town of Prosper and 2) a resolution authorizing the Town Manager to
execute the same. (HW)
FINANCIALS
k. Consider and act upon the financial statements ending September 30, 2008. (MG)
1. Consider and act upon the Town's quarterly investment report for the Quarter ending September
30, 2008 (MG)
In. Consider and act upon a resolution to approve the 2008 Appraisal Roll as certified by the Collin and
Denton County Appraisal Review Boards. (MG)
Councilmember Dugger requested item 7g be pulled from the consent agenda.
Councilmember Miller requested item 7h be pulled from the consent agenda.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve consent agenda items
a -f, I,j,k,l, and m.
Motion approved 7-0.
g. Consider and act upon a resolution to request the State of Texas Department of Transportation
remove from the State Transportation System that section of Business State Highway 289 from FM
1193 (Broadway Street) to State Highway 289 at FM 1461. (HW)
Deputy Mayor Pro -Tem Dugger had some questions for staff regarding stop signs at Prosper Trail and Coleman.
h. Consider and act upon approving the Town Manager's contract. (ML)
Council thanked Town Manager Mike Land for his service to Prosper.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to approved items g and h.
Motion approved 7-0.
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CITIZEN'S COMMENTS
7.5 Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
8. A public hearing to consider and act upon an ordinance creating a Tax Increment Reinvestment
Zone ("TIRZ") for the Gates of Prosper, Blue Star Project. (ML)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:20 p.m.
There were no comments by the public.
Motioned by Councilmember Miller, seconded by Councilmember Vestal to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:21 p.m.
DEPARTMENT ITEMS
9. Discuss and give direction regarding banning cellular phone use within a school zone. (KM)
Kirk McFarlin, Police Chief, gave council background information on this item.
Council directed staff to do further research and bring a proposed ordinance back to council at a future meeting.
10. Receive a presentation of the Fire Department Business Plan. (CS)
Curtis Smith, Fire Captain, gave council a presentation on the Fire Department's Business Plan.
11. Consider and act upon appointing a board member to the Board of Adjustment/Construction Board
of Appeals due to the resignation of one of the members. (MD)
Matthew Denton, Town Secretary, gave council background information on this item.
Motioned by Councilmember Wilson, seconded by Councilmember Turley to table the item until the November 25,
2008 Town Council meeting.
Motion approved 7-0.
12. Consider and act upon an ordinance creating a Tax Increment Reinvestment Zone Number
One("TIRZ") for the Gates of Prosper, Blue Star Project. (ML)
Mike Land, Town Manager, gave council background information on this item.
Pete Smith with First Southwest, answered questions for council.
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Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approve item 12 subject to
staff comments.
Motion approved 7-0.
13. An ordinance directing publication of notice of intent to issue Town of Prosper Combination Tax and
Revenue Certificates of Obligation. (MG)
Mike Land, Town Manager, gave council background information on this item.
Jason Hughes with First Southwest, answered questions for council.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve a resolution directing
publication of intent to issue Town of Prosper Combination Tax and Revenue Certificates of Obligation.
Motion approved 7-0.
14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
EXECUTIVE SESSION
5. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code,
to wit:
a. Section 551.072 to deliberate regarding real property for a Town Hall site.
b. Section 551.087 to deliberate regarding economic development negotiations regarding the
Prosper West project and Rodman.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Miller to recess into closed session.
Motion approved 7-0.
Council recessed into closed session at 7:17 p.m.
6. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to reconvene into regular
session.
Motion approved 7-0.
No action was taken as a result of closed session.
15. Adjourn.
Motioned by Councilmember Turley, seconded by Mayor Niswanger to adjourn.
Motion approved 7-0.
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