03.25.2008 Town Council MinutesMINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, March 25, 2008 at 6:00 p.m.
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.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Deputy Mayor Pro-Tem
Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and Ray Smith.
Staff present included: Mike Land, Town Manager; Matthew Garrett, Finance Director; Hulon Webb, Director of
Development Services; Wade Harden, Senior Planner; Dan Tolleson, Executive Director of the Economic
Development Corporation; Frank Jaromin, Public Works Director; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Jim Wicker.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mike Land, Town Manager, introduced Matthew Garrett, the Town's new Finance Director. Mike also announced
the World Caf6, to be held on March 29"' at the High School Cafeteria from 8:30 a.m. to 12:30 p.m.
Matt Denton, Town Secretary, announced early voting for the May 10, 2008 General Election will begin on April
28, 2008 and will run through May 6, 2008 at Town Hall.
PRESENTATIONS
4. Presentation of a proclamation for Town Lake cleanup.
Mayor Niswanger presented a proclamation for the people who helped with the Town Lake Park cleanup on
February 23, 2008.
CONSENT AGENDA
5. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• March 10, 2008 — Joint Town Council / PISD Board Meeting
• March 11, 2008 — Regular Town Council Meeting
ORDINANCES RESOLUTIONS AND AGREEMENTS
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b. Consider and act upon an ordinance granting a Specific Use Permit (SUP) for a mini -warehouse on
5.4-± acres (Prosper Commons, Block A, Lot 2), located on the east side of Prosper Commons
Boulevard, 250t feet south of Richland Boulevard. (508-1). (CC)
C. Consider and act upon an ordinance rezoning 2,120.5f acres, located on the north side of U.S. 380
and the west side of Fields Road, from Agricultural (A) to Planned Development -Single
Family/Mixed Use/Retail (PD-SF/M/R). (Z08-1). (CC)
FINANCIALS
d. Consider and act upon the financial statements ending February 29, 2008. (RB)
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to approve the consent agenda.
Motion approved 7-0.
CITIZEN'S COMMENTS
6. Other Comments by the Public.
Roger Flood, 2761 Meadow Ridge Drive, gave a presentation on creating a Town Library.
Mayor Niswanger moved item 17 a. up on the agenda.
EXECUTIVE SESSION
17. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit:
a. Section 551.087 to deliberate on economic development negotiations regarding the Gates of
Prosper project.
Motioned by Councilmember Dugger, seconded by Councilmember Smith to recess into closed session.
Motion approved 7-0.
Council recessed into closed session at 6:23 p.m.
18. Reconvene into Regular Session and take any action necessary as a result of the Closed Session,
including but not limited to, approving the development agreement between the Town and Blue Star
Land.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro -Tern Turley to reconvene into regular
session.
Motion approved 7-0.
Council reconvened into regular session at 6:38 p.m.
Mike Land, Town Manager, gave a summary of the Blue Star development agreement.
Motioned by Councilmember Smith, seconded by Mayor Niswanger to approve a Development and Financing
Agreement between the Town of Prosper and Blue Star LP and authorize the Mayor to sign the agreement.
Motion approved 7-0.
Mayor Niswanger called for a break at 6:43 p.m.
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Council reconvened at 6:51 p.m.
REGULAR AGENDA
DEPARTMENT ITEMS
7. Consider and act upon 1) approval of an Engineering Services Agreement with Dowdey, Anderson &
Associates, Inc., regarding the Prosper Trail Improvements (Dallas North Tollway to Preston Road)
and 2) adopt a resolution authorizing the Town Manager to execute the same. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Mike Land, Town Manager, answered questions for council.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro -Tern Turley to approve the Engineering
Services Agreement with Dowdy, Anderson & Associates and adopt a resolution authorizing the Town Manager to
execute the same.
Motion approved 7-0.
8. Consider and act upon 1) approval of an Engineering Design Services Agreement with RLK
Engineering, Inc., regarding the First Street Improvements (Preston Road to Coit Road) and Coit
Road Improvements (First Street to US 380) and 2) adopt a resolution authorizing the Town
Manager to execute the same. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Councilmember Drown, seconded by Councilmember Wadsworth to approve the Engineering Design
Services Agreement with RLK Engineering, Inc., regarding the First Street Improvements (from Preston Road to
Coit Road) and Coit Road Improvements (from First Street to US 380) and adopt a resolution authorizing the Town
Manger to execute the same.
Motion approved 7-0.
9. Consider and act upon 1) approval of a Professional Services Changer Order #1 with RLK
Engineering, Inc., regarding the Highland Meadows Drainage Improvements and 2) adopt a
resolution authorizing the Town Manager to execute the same. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Mayor Pro -Tern Bristol, seconded by Councilmember Dugger to approve the Professional Services
Charge Order #1 with RLK Engineering, Inc., in the amount of $9,525 for the Highland Meadows Drainage
Improvements and approve a resolution authorizing the Town Manger to execute the same.
Motion approved 7-0.
10. Consider and act upon 1) a Park Development Agreement between Whitley Place Homeowners'
Association, Inc., and the Town of Prosper and 2) a resolution authorizing the Town Manager to
execute the same. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve a Park Development
Agreement between Whitley Place Homeowners' Association, Inc., and the Town of Prosper and a resolution
authorizing the Town Manager to execute the same.
Motion approved 7-0.
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11. Consider and act upon 1) an Escrow/Reimbursement/Facilities Maintenance Agreement between
Whitley Place Homeowners' Association, Inc., and the Town of Prosper and 2) a resolution
authorizing the Town Manager to execute the same. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Dale Clark, Whitley Place HOA, answered questions for council.
Motioned by Councilmember Wadsworth, seconded by Councilmember Dugger to approve an
Escrow/Reimbursement/Facilities Maintenance Agreement between Whitley Place Homeowners' Association, Inc.,
and the Town of Prosper and a resolution authorizing the Town Manager to execute the same.
Motion approved 7-0.
12. Consider and act upon an ordinance adopting a Code of Ethics as required by the Town Charter.
(ML)
Mike Land, Town Manager, gave council background information on this item.
Matt Denton, Town Secretary, answered question.
Council debated the various revisions to the proposed ordinance.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tem Turley to approve the Code of
Ethics as proposed by staff with the following changes:
• Page 5 - (8) add the sentence "For the purposes of this document the effective date will be October 1, 2008
for these offices."
• Page 16 — reinsert paragraph (b) but delete "to any political action committee that contributes to Town
Council elections"
• Page 17 — reinsert "or their spouses"
• Page 22 — delete "provided, however, that no such person or his or her spouse, shall appear before the
board or commission of which he or she is a member"
• Page 25 — reinsert the struck through paragraph.
Motion approved 7-0.
13. Consider and act upon a resolution adopting the 2008 Prosper Street Project List. (F,1)
Frank Jaromin, Director of Public Works, gave council background information on this item.
Mike Land, Town Manager, answered questions for council.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Drown to approve the 2008 Prosper
Street Project list and instruct Town staff to begin taking bids for the projects.
Motion approved 7-0.
14. Consider and act upon a resolution authorizing the purchase of a 2008 GMC Truck with an
Automatic Transmission and a 12-14 cubic yard dump bed from Rush Truck Centers of Texas LP in
the amount of $94,716. (FJ)
Frank Jaromin, Director of Public Works, gave council background information on this item.
Motioned by Councilmember Dugger, seconded by Councilmember Smith to approve the purchase of a 2008 GMC
truck with an automatic transmission with 12-14 cubic yard dump bed from Rush Truck Centers of Texas in the
amount of $94,716.
Motion approved 7-0.
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15. Discuss and give direction on possible 2008 Debt Issuance strategy. (ML)
Council discussed and gave direction regarding a possible 2008 debt issuance.
16. Discuss and give direction regarding the potential lighting of the Town's new elevated water tank at
the corner of First Street and Craig. (ML)
Mike Land, Town Manager, gave council background information on this item.
Council discussed and gave direction regarding the lighting of the water tower.
EXECUTIVE SESSION
17. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit:
a. Section 551.087 to deliberate on economic development negotiations regarding the Gates of
Prosper project.
b. Section 551.074 to deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee.
Motioned by Councilmember Smith, seconded by Councilmember Wadsworth to recess into closed session to
discuss item 17 a.
Motion approved 7-0.
Council recessed into closed session at 8:50 p.m.
18. Reconvene into Regular Session and take any action necessary as a result of the Closed Session,
including but not limited to, approving the development agreement between the Town and Blue Star
Land.
Council reconvened back into regular session at 9:25 p.m.
19. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Mayor Niswanger asked that the Dalton issue be brought back on a future agenda.
20. Adjourn.
Motioned by Councilmember Dugger, seconded by Councilmember Smith to adjourn.
Motion approved 7-0.
The meeting was adjourned at 9:30 p.m.
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