10.11.2011 Town Council Minutesl
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TOWN OF
PR
SPER
Prosper is a place where everyone mallerc.
1. Call to Order / Roll Call.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, October 11, 2011 at 6:00 p.m.
Mayor Smith called the meeting to order at 6:00 p.m.
Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Danny Wilson, Curry
Vogelsang Jr., Dave Benefield, and Jason Dixon.
Council Member(s) absent: Deputy Mayor Pro -Tem Meigs Miller
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon Webb,
Director of Development Services; Chris Copple, Planning & Zoning Manager; Matthew Garrett,
Finance Director; Frank Jaromin, Director of Public Works.
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
The invocation was given by Pastor Chris Schoolcraft with Prosper United Methodist Church. The
pledge of allegiance and pledge to the Texas Flag was given.
3. Announcements of dates and times of upcoming community events. Town Manager Mike Land
announced the second annual Cory Ausenbaugh 5K and Fun Run is scheduled for Saturday, October
15, 2011 at Frontier Parking beginning at 8 a.m. He also noted that City of Celina's Centennial
Celebration for the Historical Downtown Square is set for October 15, 2011 at 2 p.m.
4. The Mayor presented a Proclamation recognizing the Dixie League World Series Baseball
Champions.
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.)
MINUTES. RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting (AP)
• September 27, 2011 — Work Session and Regular Town Council Meeting(s)
5b. Consider and act upon Resolution No. 11-61, accepting and approving the 2011 Tax
Roll. (MG)
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5c. Consider and act upon 1) an Engineering Design Services Agreement with RLK
Engineering Inc., for the design of the SH 289 Utility Relocations and 2) Resolution
No. 11-62 authorizing the Town Manager to execute the same. (MB)
Mayor ProTem Dugger made a motion to approve Consent Items 5a. -5c., as presented. Motion
seconded by Council Member Dixon. Motion approved by vote of 6-0.
6. 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.)
Other Comments by the Public - Mr. Bill Hayes spoke on behalf of the Prosper Historical Society.
He asked Council to consider donating funds to help the Historical Society provide storage and space
for historical items donated. He expressed concerns regarding the demolition of the structure located
at 109 South Main Street and asked that in the future that the Town work with the Historical Society
to preserve history. Mr. Hayes invited Council to attend a Veteran's Day reception which is set for
November 10' 2011 and asked for consideration of a future park to be dedicated as a Veteran's Day
Memorial 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 discuss cancelling the November 22, 2011 and December 27, 2011 regular Town
Council Meetings. (ML) Town Manager Mike Land briefed Council regarding notification
requirements for city publications and asked Council to review their calendars for the upcoming
meetings so that quorum requirements are met for the November 22, 2011 and December 27, 2011
regular Town Council Meetings.
After discussion, Mayor Pro Tem Dugger made a motion to approve cancelling the November 22,
2011 and December 27, 2011 regular Town Council Meetings. Motion seconded by Council
Member Dixon. Motion approved by vote of 6-0.
S. Consider and act upon initiating Stage 3 Drought Contingency and Water Emergency Response
Measures. (FJ) Director of Public Works Frank Jaromin briefed Council regarding the North
Texas Municipal Water Districts goal to reduce water usage by 10 percent. Mr. Jaromin explained
that landscape watering with sprinklers or irrigation systems would be reduced to once every two
weeks between November 1, 2011 and March 31, 2012. He noted that information would be sent out
to citizens through the Town's website, newsletters, and signage to inform the citizens of the new
guidelines.
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Mayor Pro Tem Dugger made a motion to approve Stage 3 Drought Contingency and Water
Emergency Response Measures and instruct staff to start implementation on November 1, 2011.
Motion seconded by Council Member Wilson. Motion approved by vote of 6-0.
9. Discuss the request of an All -Way Stop at the intersection of Ridgewood and Hayes Road. (KM)
Police Chief Kirk McFarlin briefed Council regarding the eight warrant conditions to determine
placing a traffic control device at an intersection. He showed pictures of the intersection and noted
that according to the warrant condition information; this intersection does not warrant an All -Way
Stop. Staff recommended that the new speed limit be put into place and given an opportunity to
slow the traffic down by means of enforcement to raise voluntary compliance and that an All -Way
Stop not be placed at the intersection of Ridgewood Drive and Hayes Road.
Forrest Bentley, 1707 Colonial Court, spoke in support of adding a stop sign and expressed his
concerns regarding narrow street widths, increased traffic, speeding and safety concerns at this
intersection. Mr. Bentley requested Council approve a stop sign and presented a petition indicating
a list of residence who support an All -Way Stop at the intersection at Ridgewood and Hayes
Road.
Sally Holbert, 1506 River Hill, spoke in favor of a stop sign at this location but had concerns
regarding traffic, speeding and visibility triangle issues.
Carol Bentley, 1707 Colonial Court, spoke in favor of a stop sign and explained her granddaughter
was involved in a serious auto accident at this location. She added that her concerns are mainly
speeding, increased traffic and narrow roads. She asked Council to add a stop sign and include
flashing lights at this intersection.
Council discussed reducing the speed limit, increasing police presence at the intersection, visibility
clean up at the intersection, road width issues and a possible speed study at the intersection. This
item was discussed and no action was taken.
10. Consider an act upon Ordinance No. 11-69, establishing speed limits for Hays Road and E. First
(specifically between Coit and Custer Roads). (GM) Assistant Police Chief Gary McHone
provided a brief overview to Council regarding the speed limit studies done at Hays Road and
First Street. Assistant Chief McHone indicated First Street speed limit be set at 45 mph and that due
to the unimproved shoulder and steep drop between the surface of the roadway, that Hays Road
speed limit be set at 35 mph.
Mayor ProTem Dugger made a motion to approve the establishment of the recommended maximum
speed limits along Hays Road at 35 mph and E. First Street, between Coit Road and Custer Road at
45 mph. Motion seconded by Council Member Vogelsang. Motion approved by vote of 6-0.
11. EXECUTIVE SESSION
Mayor Pro Tem Dugger moved to recess into Executive Session at 7:13 p.m. Motion seconded by
Council Member Wilson. Motion approved by vote of 6-0.
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas
conflicts with the Open Meetings Act regarding:
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Ila. Section 551.074. To deliberate the annual evaluation of Town Manager Mike Land.
1lb. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvements project.
Ile. Section 551.087. To deliberate regarding Economic Development Incentive for properties
located south of Prosper Trail, West of Custer, east of Dallas North Tollway and north of
Highway 380.
IId. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Council Member Vogelsang made a motion to reconvene into Regular Session at 8:32 p.m. Motion
seconded by Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
Mayor Pro Tem Dugger made a motion to amend the Town Manager's contract in accordance
with the completed annual evaluation. Motion seconded by Council Member Benefield. Motion
approved by vote of 6-0.
12. Possible direct Town Staff to schedule topic(s) for discussion at a future meeting. No action taken.
U. Adjourn — Council Member Benefield made a motion to adjourn the meeting. Motion seconded by
Council Member Vogelsang. Motion approved by vote of 6-0.
The meeting adjourned at 8:33 p.m.
ATTEST:
A4myana, TRMC
Town Secretary
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Ray Smith, Mayor
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