04.26.2011 Town Council MinutesI'T'
OWN OF
P
SPER,
1. Call to Order/ Roll Call.
Mayor Ray Smith called the meeting to order at 6:02 p.m.
Roll call was taken by Mayor Smith.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, April 26, 2011 at 6:00 p.m.
Council Present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor
Pro -Tem Meigs Miller, Dave Benefield, David Vestal, and Danny Wilson
Council Member(s) absent: Jason Dixon
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon
Webb, Director of Development Services; Chris Copple, Planning and Zoning Manager;
Matthew Garrett, Finance Director; and Kirk McFarlin, Police Chief
2. The Invocation, Pledge of Allegiance, and Pledge to the Texas Flag was given by Deputy
Mayor Pro -Tem Meigs Miller.
3. Council Member Vestal announced the Prosper Pooch Party is scheduled for April 30, 2011.
Town Manager Mike Land announced that Early Voting begins May 2, 2011 extending through
May 10, 2011 noting that May 5`h and May 91h the hours for early voting will be from 7 a.m. to 7
p.m.at the Prosper Municipal Chambers located at 108 W. Broadway.
4. Mayor Smith presented a Proclamation recognizing May 1-7, 2011 as Public Service Week
and recognized Police Chief Kirk McFarlin for his years of dedication and public service.
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.)
5. Consent Agenda
Council Member Vestal moved Consent Item 5e to the end of consent items to allow for
discussion.
Regular Town Council Minutes April 26, 2011
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MINUTES
a. Considered and acted upon minutes from the following Council meetings.
• April 12, 2011 — Regular Town Council Meeting
• April 12, 2011 — Special Emergency Meeting
ORDINANCES AND RESOLUTIONS
b. Considered and acted 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.
c. Considered and acted on Resolution No. 11-041 to appoint a Board Member to the Upper
Trinity Regional Water District Board of Directors.
d. Considered and acted on Ordinance No. 11-042 amending Chapter 2, Section 24.5 (Planned
Development District Procedure) of the Town's Zoning Ordinance (Z11-0005).
FINANCIALS
f. Considered and acted upon the financial statements ending March 31, 2011.
g. Considered and acted on a Resolution No. 11-042 approving an Interlocal Agreement
with the Region 4 Education Service Center, which sponsors The Cooperative Purchasing
Network (TCPN), providing a purchasing program for goods and services.
Council Member Dugger moved to approve Consent Item 5a, 5b, 5c, 5d, 5f, and 5g, as presented.
Motion seconded by Council Member Deputy Mayor Pro -Tem Miller.
Motion approved by vote of 6-0.
e. Considered and acted on Ordinance No. 11-043 amending the Noise Ordinance to set new
time constraints on the allowable time for construction noise on the weekends.
After discussion, Council Member Vestal moved to approve Item 5e, Ordinance No. 11-043,
amending the Noise Ordinance as presented. Motion seconded by Council Member Benefield.
Motion approved by vote of 6-0.
CITIZEN'S COMMENTS
(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.)
Regular Town Council Minutes April 26, 2011
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6. Other Comments by the Public — There were no citizens present that wished to speak.
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 items will be recognized on
a case-by-case basis, at the discretion of the Mayor and Town Council.)
DEPARTMENT ITEMS
7. Considered and acted upon the appointment of members to the Comprehensive Plan
Advisory Committee. Council Member Dugger moved to appoint the following committee
Members to the Comprehensive Plan Advisory Committee: (1) Jason Dixon (2) Mark DeMattia
(3) Daniel Ting (4) Jordan Simms (5) Ane Casady (6) Auggie Trevino (7) Kyle Huckelberry (8)
Ann Lieber (9) Kelly Cooper (10) Eric Nishimoto (11) Craig Moody (12) Doug Trumbull
(13) Brett Chesney
Motion seconded by Council Member Vestal.
Motion prevailed by vote of 6-0.
8. Considered and acted on Ordinance No. 11-040 setting the speed limit on Prosper Trail
between the Dallas North Tollway and Preston Road. Police Chief Kirk McFarlin briefed
Council Members regarding the proposed ordinance.
Chris Blair who resides at 841 Sibyl Lane filled out a speaker request card and spoke in favor of
maintaining the 45 mph speed limit as proposed in the ordinance.
After discussion, Council Member Vestal moved to approve Ordinance No. 11-040 setting the
speed limit on Prosper Trail between Dallas North Tollway and Preston Road at 40 miles per
hour. Motion seconded by Council Member Dugger.
Motion approved by vote of 5-1, Council Member Wilson voting against.
Council Member Dugger directed Staff to install reduced speed signs and caution signs at
Prosper Trail.
9. Anthony Mills with Texas Municipal Retirement System gave a power point presentation
regarding the state of the system, the Town's unfunded liability, TMRS fund restructuring and
answered questions to the Council.
After discussion, Council Member Dugger moved to recess into Executive Session at 7:20 p.m.
Motion seconded by Council Member Deputy Mayor Pro -Tem Miller.
Motion approved by vote of 6-0.
Regular Town Council Minutes April 26, 2011
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EXECUTIVE SESSION
1. Recess into Closed Session in compliance with §551.001, et. Seq., Texas Government
Code, to wit;
a) Section 551.071. To deliberate the purchase, exchange, lease or value of real
property located on the north side of Prosper Trail west of Coit Road.
2. Reconvene into Regular Session and take any action necessary as a result of the Closed
Session.
Council Member Dugger made a motion to reconvene into regular session at 7:39 p.m. Motion
seconded by Council Member Benefield.
Motion approved by vote of 6-0.
No action was taken from Executive Session,
10. Considered and acted on Resolution No. 11-043 approving the First Amendment to the
Development and Finance Agreement between the Town of Prosper and Blue Star Land, LP,
183 Land Corp. and Blue Star Allen Land LP. Town Manager Mike Land briefed Council
Members regarding the proposed Resolution.
Deputy Mayor Pro -Tem Miller moved to approve Resolution No. 11-043 approving the First
Amendment to the Development and Financing Agreement between the Town of Prosper and
Blue Star Land, LP, 183 Land Corp. and Blue Star Allen Land LP. Motion seconded by Council
Member Dugger.
Motion approved by vote of 6-0.
11. Possibly direct Town Staff to schedule topic(s) for discussion at future meetings.
Council Member Dugger directed Staff to bring forward a reduced speed sign plan for Prosper
Trait.
12. Mayor Smith adjourned the meeting at 7:43 p.m.
�4niy-Yka4.a Ray tmith, Mayor
Toviw &or'etary ``
Regular•Towti, ouncil Minutes April 26, 2011