08.25.2009 Town Council MinutesISPEROWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:01 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, August 25, 2009 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem
Kenneth Dugger, David Vestal, Meigs Miller, and Danny Wilson.
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; ; Dan
Tolleson, Executive Director of Economic Development; Chris Copple, Senior Planner; Matthew Garrett, Finance
Director; Kirk McFarlin, Police Chief, and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Dr. Frank Drenner, Prosper United Methodist Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Kirk McFarlin, Police Chief, announce Bryan Golden has been promoted to Sergeant.
4. Presentation of a Certificate of Appreciation to Ronni Gallup for service on the Planning and Zoning
Commission.
Mayor Niswanger presented a Certificate of Appreciation to Ronni Gallup for her service on the Planning and
Zoning Commission.
CONSENT AGENDA
5. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• August 11, 2009 — Town Council Meeting
• August 13, 2009 — Joint Town Council/Parks and Recreation Board Work Session
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon an ordinance to redefine and set school zones within the Town of
Prosper. (KM)
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C. Consider and act upon an ordinance to set the speed limit on the northern portion of
Coleman, all of Talon Lane, and the eastbound lane of Frontier Parkway from the BNSF
railroad track to Preston Road. (KM)
d. Consider and act upon 1) declaring surplus property, 2) approving the sale of property in
accordance with Local Government Code Chapter 263 Subchapter D of Salvaged or Surplus
Property, and 3) adopt a resolution authorizing the Town Manager to execute the same.
(FJ)
FINANCIALS
e. Consider and act upon the financial statements ending July 31, 2009. (MG)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve the consent agenda.
Motion approved 6-0.
CITIZEN'S COMMENTS
6. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
7. A public hearing to consider and act upon a request to rezone 0.8f acre, located on the southeast
corner of First Street and Coleman Street (401 S. Coleman Street), from Single Family -15 (SF -15) to
Downtown Office (DTO). (Z09-8). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:10 p.m.
There were no comments by the public.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to close the public hearing.
Motion approved 6-0.
Motioned by Mayor Niswanger, seconded by Mayor Pro -Tem Smith to approve item 7.
Motion approved 6-0.
8. A public hearing to consider and discuss the Fiscal Year 2009-2010 Budget as proposed. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:13 p.m.
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Mark Nusbaum, 1751 Greenwood Court, asked questions regarding the proposed tax rate.
Paul Donning, 2961 Parkview Ln., asked questions regarding the proposed tax rate.
Kenyautta Lamb, 5581 Crestwood Dr., asked questions regarding the proposed tax rate.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Wilson, to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:33 p.m.
9. A public hearing to consider and discuss a proposal to increase total tax revenues from properties on
the tax roll in the preceding year by 5.05 percent. (MG)
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Vestal to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:35 p.m.
Mayor Pro -Tem Smith read the following statement:
Following the Budget Proposal by the Town Manager during our August 11'h meeting, the Town Council
approved a proposal to consider a tax rate equal to $.055 cents per $100 dollars of Taxable appraised
values.
This is the first of two public hearings to discuss the proposed tax rate. The second public hearing will be
held on September 3, 2009 at 6:20 p.m. at the Town of Prosper Fire Department located at 1500 E. First St.
This is a change in location from the originally posted notice due to a conflict with Municipal Court
scheduling. The time has been moved back to allow travel time in consideration of anyone who may come
to this location as advertised.
The Town Council will vote on both the proposed budget and the proposed tax rate at a meeting schedules
on September 8, 2009 at 6:00 p.m. here in the Town of Prosper Municipal Chambers at 108 #. Broadway,
Prosper Tx.
Michael Crenshaw, 3000 Brookgreen, asked questions regarding the posting of the public hearings.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:43 p.m.
10. A public hearing to consider and act on an ordinance approving a negotiated resolution between the
Atmos Cities Steering Committee and Atmos Energy Corp., Mid -Tex Division regarding the
company's rate review mechanism filing. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:45 p.m.
There were no comments by the public.
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Motioned by Councilmember Vestal, seconded by Councilmember Smith to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:46 p.m.
Motioned by Councilmember Wilson, seconded by Deputy Mayor Pro -Tem Dugger to approve a negotiated
resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Med-Tex Division regarding
the company's rate review mechanism filing.
Motion approved 6-0.
EPARTMENT ITEMS
11. Consider and act upon a resolution approving the Public Works Business Plan. (FJ)
Frank Jaromin, Public Works Director, gave council a presentation on the PW Business Plan.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve the Public Works
Business Plan.
Motion approved 6-0.
12. Consider and act upon a resolution authorizing and approving the restatement and amendment to
the Articles of Incorporation and the Bylaws of the Prosper Economic Development Corporation.
(DT)
Dan Tolleson, Executive Director of the Economic Development Corporation, gave council background
information on this item.
Motioned by Councilmember Vestal, seconded by Mayor Niswanger to approve the restatement and amendment to
the Articles of lncorporation and the Bylaws of the Prosper Economic Development Corporation.
Motion approved 6-0.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
14. Adjourn.
Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Smith to adjourn.
Motion approved 6-0.
Attest:
;4tthew D. Denton,
own Secretary
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