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05.26.2009 Town Council MinutesTOWN OFF SPE 1. Call to Order / Roll Call. The meeting was called to order at 6:02 p.m. Roll call was taken by the Town Secretary. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, May 26, 2009 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem Kenneth Dugger, Meigs Miller, and Danny Wilson. Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Kirk McFarlin, Police Chief; Matthew Garrett, Finance Director; Gary McHone, Police Captain; Dan Tolleson, Executive Director of Economic Development; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Pastor John Fowler, Prosper Presbyterian Church. Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Dan Tolleson announced Prosper High School would be holding their graduation ceremonies at the Prestonwood Baptist Church Plano Campus on Friday, May 29th CONSENT AGENDA 6. Consent Agenda MTNTTTF S a. Consider and act upon minutes from the following Council meetings. (MD) May 12, 2009 — Town Council Meeting May 14, 2009 — Special Town Council Meeting ORDINANCES. RESOLUTIONS, AND AGREEMENTS b. Consider and act 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. (CC) C. Consider and act upon an ordinance amending Planned Development -31 (PD -31), Section 2.10 (Roof), located on 102.8± acres, on the northwest corner of Prosper Trail and Preston Road. (Z09-3). (CC) Page 1 of 3 d. Consider and act upon 1) an Impact Fee Agreement between Ophir Pass Partnership Fund, Ltd., and the Town of Prosper, Texas for the dedication of approximately 0.33 acres of Dallas North Tollway Right -of -Way and 2) adopt a resolution authorizing the Town Manager to execute the same. (HW) FINANCIALS e. Consider and act upon the financial statements ending April 30, 2009. (MG) Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approved the consent agenda items a through e. Motion approved 5-0. CITIZEN'S COMMENTS 7. Other Comments by the Public. REGULAR AGENDA DEPARTMENT ITEMS 8. Consider and act upon the appointment of a Mayor Pro -Tem and Deputy Mayor Pro -Tem. (MD) Mayor Niswanger nominated Ray Smith as Mayor Pro -Tem and Kenneth Dugger as Deputy Mayor Pro -Tem. Nomination approved 5-0. 9. Receive a presentation of the Development Services Department Business Plan. (HW) Hulon Webb, Director of Development Services, gave council a presentation on the Development Services Business Plan. 10. Consider and Act Upon a Skateboard Ordinance. (GM) Gary McHone, Police Captain, gave council background information on this item. Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Miller to approve the ordinance as submitted. Motion approved 5-0. 11. Consider and Act Upon a resolution authorizing the Town Manager to execute a service agreement for renovations to 121 W. Broadway. (GM) Mike Land, Town Manager, gave council background information on this item. Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to approve a resolution authorizing the Town Manager to execute a service agreement with various contractors not to exceed $125.000 for the renovation of 121 W. Broadway. Motion approved 5-0. 12. Consider and Act Upon a resolution authorizing the Town Manager of the Town of Prosper to execute a service agreement between the Town of Prosper and L3 Communications. (GM) Gary McHone, Police Captain, gave council background information on this item. Page 2 of 3 Motioned by Councilmember Wilson, seconded by Mayor Niswanger to authorize the Town Manager to execute a service agreement between the Town of Prosper and L3 Communications. Motion approved 5-0. 13. Consider and Act Upon a resolution by authorizing the Town Manager of the Town of Prosper to execute a service agreement between the Town of Prosper and Integrated Computer Systems, Inc. (GM) Gary McHone, Police Captain, gave council background information on this item. Motioned by Councilmember Miller, seconded by Councilmember Wilson to authorize the Town Manager to execute a service agreement between the Town and L3 Communications. Motion approved 5-0. EXECUTIVE SESSION 4. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit: Section 551.087 to deliberate regarding economic development negotiations regarding the Prosper West Project. Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to recess into closed session; Motion approved 5-0. Council recessed into closed session at 7:08 p.m. 5. 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 Mooreland. Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to reconvene into regular session. Motion approved 5-0. Council reconvened into regular session at 7:28 p.m. No action was taken as a result of closed session. 14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 15. Adjourn. Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Miller to adjourn. Motion approved 5-0. The meeting was adjourned at 7:29 p.m. Attest: ;w ii. Lenton, i xiviu Secretary D F SPR �r`� •r•rrrrrr•r V.C+y '�/�, syr' r� i�.��arr 00 —'+r ' • r harles Niswanger, ayor ow ? • ®'a e° /� aarM •r �q%b do 'aa�rsrar �� 41 .1104-1