10.09.2012 Town Council Minutes'�I
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1. Call to Order / Roll Call.
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway
Prosper, TX 75078
Tuesday, October 09, 2012
Council Meeting
6:00 p.m.
Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tem
Kenneth Dugger, Council Member Jason Dixon, Council Member Danny Wilson and Council
Member Curry Vogelsang.
Absent: None
Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary;
Matthew Garrett, Finance Director; Hulon Webb, Development Director; and Chris Copple, Planning
Director.
2. Pastor Glen Gabbard with Christian Chapel Assembly of God led the Invocation. The Pledge of
Allegiance, and Pledge to the Texas Flag were given.
3. Announcements of dates and times of upcoming community events. Deputy Mayor Pro Tem Dugger
announced the following:
o Cory Ausenbaugh Memorial 5k (starts 8:30am) and Fun Run (starts at 8am) at Frontier Park —
October 13, 2012
o Early Voting started Oct. 8th thru Oct. 12th, 8 a.m. - 5 p.m. @ Municipal Chambers
o Extended Early Voting Oct. 15th & Oct. 16th, 7 a.m. -7 p.m. @ Municipal Chambers
o Election Day is November 6th, 7a.m. - 7 p.m. @ Prosper Library
o Citizens Police Academy starts November 1St
4. Recognition of past Board & Commission Members. Mayor Smith presented past Board &
Commission Members with certificates of recognition. The following were present to receive: Ane
Casady - Comprehensive Plan Advisory Committee, Ann Lieber - Comprehensive Plan Advisory
Committee, Kelly Cooper - Comprehensive Plan Advisory Committee, Council Member Jason Dixon
- Comprehensive Plan Advisory Committee, Mayor Pro Tem Meigs Miller - Comprehensive Plan
Advisory Committee, Craig Moody — Library Board & Comprehensive Plan Advisory Committee.
5. 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.)
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Deputy Mayor Pro Tem Dugger made a motion to pull Consent Items 5a, 5c, 5e, 5f, 5g off Consent.
Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 6-0.
5b. Consider and act upon Ordinance No. 12-33, amending Ordinance No. 12-32, to correct the
caption and Exhibit "D"; providing for savings, repealing and severability clauses; and
providing for an effective date hereof. (AP)
5d. Consider and act upon additional expenditures of Park Improvement Funds for the
improvements to Preston Lakes Park. (MB)
5h. Consider and act upon the reappointment of David Moore as Municipal Judge and adopting
Resolution No. 12-76 authorizing the Town Manager to execute the same. (LD)
Mayor Pro Tem Miller made a motion to approve Consent Items 5b, 5d, and 5h, as presented.
Motion seconded by Council Member Wilson. Motion approved by vote of 6-0.
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
September 25, 2012 — Regular Town Council Meeting.
Mayor Pro Tem Miller made a motion to approve Consent Item 5a with the amendment to Section 4e
of the September 25, 2012 Minutes - to add the wording "Custer Pump Station Improvements Project
with Funding for the project to be out of 2012 CO Bonds." Motion seconded by Council Member
Vogelsang. Motion approved by vote of 6-0.
5c. Consider and act upon Change Order #1 to Tiseo Paving Co., for the First Street (Craig Street
to Coit Road) and Coit Road (US 380 to First Street) Improvements Project. (MB)
Development Director Hulon Webb asked Council to table this item to the next Council
Meeting due to some last minute revisions.
Council Member Vogelsang made a motion to table Consent Item 5c to the next Council Meeting.
Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
5e. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and Frisco
Tollway Partners, LTD, related to the construction of median and turn lane improvements to
serve the southwest corner of Preston Road and Frontier Parkway and 2) Resolution No. 12-
72 authorizing the Town Manager to execute the same. (MB)
Deputy Mayor Pro Tem Dugger made a motion to approve an Escrow Agreement between the
Town of Prosper and Frisco Tollway Partners, LTD, related to the construction of median and turn
lane improvements to serve the southwest corner of Preston Road and Frontier Parkway and
Resolution No. 12-72 which shall take effect immediately upon its passage with the effective date of
the agreement contemplated herein being August 31, 2011. Motion seconded by Council Member
Vogelsang. Motion approved by vote of 6-0.
5f. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and H&R
Partners, LP, related to the construction of turn lane improvements to serve the east side of
Preston Road at Pasewark Drive and 2) Resolution No. 12-73 authorizing the Town Manager
to execute the same. (MB)
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Deputy Mayor Pro Tem Dugger made a motion to approve an Escrow Agreement between the Town
of Prosper and H&R Partners, LP, related to the construction of turn lane improvements to serve the
east side of Preston Road at Pasewark Drive and Resolution 12-73 which shall take effect
immediately upon its passage with the effective date of the agreement contemplated herein being July
18, 2011. Motion seconded by Council Member Dixon. Motion approved by vote of 6-0.
5g. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and Saddle
Creek Investments, LTD, related to the construction of median and turn lane improvements to
serve the northwest corner of Preston Road and Prosper Trail and 2) Resolution No. 12-74
authorizing the Town Manager to execute the same. (MB)
Deputy Mayor Pro Tem Dugger made a motion to approve an Escrow Agreement between the Town
of Prosper and H Saddle Creek Investments, LTD, related to the construction of median and turn lane
improvements to serve the northwest corner of Preston Road and Prosper Trail and Resolution 12-74
which shall take effect immediately upon its passage with the effective date of the agreement
contemplated herein being August 22, 2011. Motion seconded by Council Member Dixon. Motion
approved by vote of 6-0.
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 —
Resident Katie Garms spoke urging Council to consider acting on a quiet zone for train horns in the
area around her home. (120 Dave Trail)
Resident Jack Dixon spoke noting his opposition of any tax payer monies being used for the cleanup
of Preston Lakes Park.
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.)
DEPARTMENT ITEMS:
7. Consider and act upon Ordinance No. 12-34 establishing the levy of a hotel occupancy tax. Finance
Director Matthew Garrett briefed Council regarding this item. Mr. Garrett explained that the Town
will eventually attract hotels and other lodging and this ordinance will allow the Town to collect a
hotel occupancy tax rate of seven (7) percent. Finance Director Matthew Garrett briefed Council
regarding this item. Mr. Garrett explained that eventually the Town will attract hotels and other
lodging and with this ordinance in effect the Town will be able to collect a hotel occupancy tax rte of
seven (7) percent.
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After discussion, Council Member Dixon made a motion to approve Ordinance No. 12-34
establishing the levy of a hotel occupancy tax, as presented. Motion seconded by Deputy Mayor Pro
Tem Dugger. Motion approved by vote of 6-0.
8. Consider and act upon an interlocal agreement with Prosper Independent School District for fuel
purchasing and dispensing services. Finance Director Matthew Garrett briefed Council regarding this
item. Mr. Garrett explained that Prosper ISD purchases fuel through a discounted purchase contract
that will track fuel consumption by unit, driver and mileage. PISD has worked with the Town to
enter into an interlocal agreement which will allow the Town to better account for fuel purchases and
save significantly per gallon used. Mr. Garrett noted that the cost savings will be around $0.40 cents
per gallon.
After discussion, Mayor Pro Tem Miller made a motion to approve an interlocal agreement with
Prosper Independent School District for fuel purchasing and dispensing services. Motion seconded
by Council Member Dixon. Motion approved by vote of 6-0.
9. Appointment to the Board of Adjustment — one regular term and one Alternate Member. Council
reviewed applications from the prior Board & Commission applicants.
Mayor Pro Tem Miller made a motion to appoint Terry Tankersley to the unexpired Board of
Adjustment position and Mary Helen Sanders as the alternate member. Motion seconded by Deputy
Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
10. EXECUTIVE SESSION
Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session at 6:36 p.m. Motion
seconded by Mayor Pro Tem Miller. Motion approved by vote of 6-0.
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;
10a. Section 551.087. To deliberate regarding Economic Development Negotiations regarding
property located north of Highway 380, east of Teel Parkway, south of W. First Street and
west of Dallas North Tollway.
To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session at 7:26 p.m.
Motion seconded by Council Member Dixon. Motion approved by vote of 6-0.
As a result of Executive Session, Deputy Mayor Pro Tem Dugger made a motion to authorize the
Interim Town Manager to negotiate on behalf of the Town, in conjunction with the Prosper Economic
Development Corporation, one or more economic development agreements regarding property
located north of Hwy 380, east of Teel Parkway, south of West First Street, and west of the Dallas
North Tollway. Motion seconded by Council Member Dixon. Motion approved by vote of 6-0.
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11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council asked
staff to research and report the train horn quiet zone requirements.
12. Adjourn. Council Member Dixon made a motion to adjourn the meeting at 7:25 p.m. Motion
seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
The meeting adjourned at 7:26 p.m.
ATTEST•
Amy M. Piukna, C
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Ray Smitll, Mayor
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