11.08.2011 Town Council Minutes��it
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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, November 8, 2011 at 6:00 p.m.
Mayor Smith called the meeting to order at 6:02 p.m.
Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor
Pro -Tem Meigs Miller, Danny Wilson, Curry Vogelsang Jr. and Jason Dixon.
Council Member(s) absent: and Dave Benefield.
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.
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
The invocation was given by Deputy Mayor Pro Tem Miller. The pledge of allegiance and
pledge to the Texas Flag was given.
3. Announcements of dates and times of upcoming community events — Mayor Pro Tem Dugger
announced the Prosper Library is holding an open house on November 190i and Tory Hunter
will be signing autographs from 10:30 a.m. - 2:30 pm. He also announced that Prosper
Veteran's Day Salute is set for Thursday, November 10, 2011 at the Prosper ISD
Administration Building beginning at 7 p.m.
4. Library presentation of Needs Assessment — Library Board President Jerald Killion recognized
Librarian Linda Shaw, Stacy Cameron, Craig Moody and Town Manager Mike Land for their
service on the Prosper Library Board. Next he introduced Steve Brown with Stewart Brown
Library Consulting who reviewed the Prosper Community Library Needs Assessment. He
proposed the following benchmarks for Prosper: The Collection size or value of resources to
the community, increased reader seating, more public access computers and the need for a
meeting space. He recommended that Council consider phases of future Library projects. He
noted the following steps need to be taken to improve Library Service: (1) Seek a new
temporary location with room to grow, (2) Purchase and install a small library automation
system, (3) Identify and acquire a site for the Library, and (4) Develop a detailed building
program.
Council skipped to Agenda Item 11.
Mayor Pro Tem Dugger made a motion to recess into Executive Session at 6:22 p.m. Motion
seconded by Council Member Wilson. Motion approved by 6-0.
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EXECUTIVE SESSION
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:
11a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvement projects.
11b. Section 551.071. Consultation with Town Attorney regarding agreement between the Town
of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction
of the Town of Prosper including a Strategic Partnership Agreement between the Town of Prosper
and Denton County Fresh Water District No. 10.
Deputy Mayor Pro Tem Miller made a motion to reconvene into Regular Session at 6:55 p.m.
Motion seconded by Council Member Vogelsang. Motion approved by vote of 6-0.
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.)
Council Member Dixon made a motion to pull Item 5b off the Consent Agenda. Motion
seconded by Mayor Smith. Motion approved by vote of 6-0.
Council Member Dixon made a motion to pull Agenda Item 5b. off the Consent Agenda.
Motion seconded by Mayor Smith. Motion approved by vote of 6-0.
MINUTES, RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting (AP)
• October 25, 2011 — Regular Town Council Meeting
• November 1, 2011 — Work Session Meeting
Mayor Pro Tem Dugger made a motion to approve Agenda Item 5a, as presented. Motion
seconded by Council Member Dixon. Motion approved by vote of 6-0.
5b. Consider and act on Ordinance No. 11-72 setting the speed limit on University Drive
between FM 1385 and Custer Road as requested by Texas Department of Transportation. (KM)
Police Chief Kirk McFarlin briefed Council regarding Ordinance No. 11-72. He noted that
the Texas Department of Transportation has requested the Town pass an Ordinance
lowering the speed limit on westbound US 380 based on a TXDOT speed study and
vehicle crash data collected from McKinney, Frisco and Prosper. He noted the recommended
speed limits are 60 miles per hour between FM 1385 and Redbud and 55 miles per hour
between Redbud and Custer Road.
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After discussion, Mayor Pro Tem Dugger made a motion to adopt Ordinance No. 11-72 setting
the speed limit on US 380 between FM 1385 and Custer Road as requested by Texas
Department of Transportation. Motion seconded by Council Member Dixon. Motion approved
by vote of 5-1, Council Member Dixon voting against.
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- 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 item will be recognized
on a case -by- case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARING & DEPARTMENT RELATED ITEMS
7. A public hearing to consider and act upon a request for a Specific Use Permit (SUP) for a
concrete batch plant, on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south
of First Street. The property is zoned Planned Development -l9 -Commercial Corridor. (PD -19 -
CC). (S11-0001). (CC) Planning and Zoning Manager Chris Copple briefed Council
regarding the Specific Use Permit. Mr. Copple noted that the Planning and Zoning
Commission recommendation from the October 18, 2011 meeting was to approve a request for
SUP for a Concrete Batching Plant subject to the SUP expires two years after the adoption of
the Ordinance.
Council Member Wilson made a motion to open the Public Hearing. Motion seconded by
Council Member Vogelsang. Motion approved by vote of 6-0.
Eric Philpot representing Nelson Brothers Ready Mix briefed Council regarding the SUP
request. He explained that the sales tax from the Prosper billing office will benefit the Town's
sales tax and asked for a 10 year SUP permit.
Mayor Pro Tem Dugger made a motion to close the public hearing. Motion seconded by
Council Member Wilson. Motion approved by vote of 6-0.
After discussion, Council Member Vogelsang made a motion to approve the request for a
Specific Use Permit for a Concrete Batching Plant on 5 acres located on the west side of Dallas
Parkway, 900 feet south of First Street, subject to: (1) The SUP expires two years after the
adoption of the Ordinance. The applicant may seek a renewal term to the SUP in order to
continue the Concrete Batching Plant use. (2) An onsite billing office is required to continue
the Concrete Batching Plant use. All concrete deliveries from the physical Prosper location
shall be billed as taxable to the Town of Prosper. (3) Town of Prosper reserves the right to
audit books to ensure that Prosper is the primary HUB for tax revenue and upon inspections,
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if there are any failures to correct errors; Town of Prosper reserves the right to revoke the
SUP permit. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of
6-0.
8. A public hearing to consider and act upon a request to amend Chapter 4, Section 6.2(A)(8)
(Outdoor Lighting) of the Town's Zoning Ordinance. (Z11-0010). (CC) Planning and Zoning
Manager Chris Copple briefed Council regarding the proposed amendment. He noted that to
improve public safety, the amendment will require any open areas used for motor vehicle
parking, storage or access to be illuminated.
Mayor Pro Tem Dugger made a motion to open the Public Hearing. Motion seconded by
Council Member Wilson. Motion approved by vote of 6-0.
There was no one present to speak in support and/or opposition. Council Member Dixon made
a motion to close the public hearing. Motion seconded by Mayor Pro Tem Dugger. Motion
approved by vote of 6-0.
Council Member Dixon made a motion to approve Amendment to Chapter 4, as presented.
Motion seconded by Council Member Wilson. Motion approved by vote of 6-0.
9. Consider and act upon Ordinance No. 11-71 adopting land use assumptions and a capital
improvements plan and establishing impact fees for water, wastewater, and roadways. (CC)
Planning and Zoning Manager Chris Copple briefed Council regarding the proposed Ordinance
noting Council held a Work Session to discuss and provide direction of creating an Ordinance.
Council Member Dixon made a motion to approve Ordinance No. 11-71 as presented, adopting
the land use assumptions and a capital improvements plan and establishing impact fees for
water, wastewater, and roadways as submitted. Motion seconded by Council Member
Vogelsang. Motion approved by vote of 6-0.
10. Consider and act upon 1) an award of bid to Tiseo Paving Co., 2) enter into a contract
agreement with Tiseo Paving Co., regarding the construction services for the First Street (Craig
Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project and 3) adopt
Resolution No. 11-65 authorizing the Town Manager to execute the same. (MB) Development
Director Hulon Webb briefed Council regarding the award of bid. He noted the construction
contract is $7,649,978.00 and will be funded from the 2008 CO Bonds and that the town will
receive reimbursement in the amount of $2,659,575.00 of the actual construction costs and
design costs as a result of the 2007 Collin County Transportation Bonds.
Council Member Wilson made a motion to approve the bid to Tisco Paving Co., in the amount
of $7,649,978.00, and to enter into a contract agreement with Tiseo Paving Co., regarding the
construction services for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to
First Street) Improvements Project and approve Resolution No. 11-65 authorizing the Town
Manager to execute the same. Motion seconded by Deputy Mayor Pro Tem Miller. Motion
approved by vote o16-0.
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Mayor Pro Tem Dugger made a motion to recess into Executive Session at 7:53 p.m. Motion
seconded by Council Member Vogelsang. Motion approved by vote of 6-0.
11. EXECUTIVE SESSION
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:
Ile. Section 551.087. To deliberate regarding Economic Development Incentive for properties
located south of Fishtrap/First St., west of Coit Rd., east of FM 1385 and north of Highway 380.
I Id. Section 551.072. To deliberate the purchase, exchange, lease, or value of real properties
located south of Prosper Trail, west of Custer, east of the Dallas North Tollway and north of
Highway 380.
To reconvene in Regular Session and take any action necessary as a result of the Closed
Session. Mayor Pro Tem Dugger made a motion to reconvene into regular session at 9:08 p.m.
Motion seconded by Council Member Wilson. Motion approved by vote of 6-0.
No action was taken from Executive Session.
12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No action
was taken.
13. Adjourn -Deputy Mayor Pro Tem Miller made a motion to adjourn. Motion seconded by
Council Member Wilson. Motion approved by vote of 6-0.
The meeting adjourned at 9:09 p.m.
ATTEST:
Amy M. Pdca TRMC
Town Secretary
1
APR LOVED:
Ray Smith, Mayor
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