09.08.2009 Town Council MinutesTOWN OF
PER
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, September 8, 2009 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem
Kenneth Dugger, Dave Turley, David Vestal, Meigs Miller, and Danny Wilson.
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Ronnie
Tucker, Fire Chief; Dan Tolleson, Executive Director of Economic Development; Chris Copple, Senior Planner;
Matthew Garrett, Finance Director; Kirk McFarlin, Police Chief; David Ledwitz, Code Enforcement Officer;
and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor Mark Rylander, Prestonwood Baptist Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mike Land announced the following events:
There will be a community meeting regarding the Prosper Trail widening project on September 10 at 6
p.m. at the Prestonwood Community Room.
Homecoming will be September 25`h and the parade will start at 2:00.
The Art and Music Festival will be on October 3rd at Prosper Town Center.
Mayor Niswanger announced he would not be seeking reelection in the May 2010 election.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
August 25, 2009 — Town Council Meeting
September 3, 2009 — Special Town Council Meeting
ORDINANCES, RESOLUTIONS. AND AGREEMENTS
b. Consider and act upon a resolution proclaiming the 2010 Census as a top priority for all elected
and appointed officials, and encourage full support and participation of this community in
achieving an accurate and complete count through the formulation of a Complete Count
Committee. (CC)
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C. Consider and act upon an ordinance rezoning 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)
d. 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)
e. Consider and act upon 1) Contract Amendment #3 to the Interlocal Agreement between the Town
of Prosper and Collin County for Animal Control Services to the Town and 2) a resolution
authorizing the Town Manager to execute the same. (DL)
f. Consider and act upon 1) Contract Amendment #3 to the Interlocal Agreement between the Town
of Prosper and Collin County for Animal Shelter Services to the Town and 2) a resolution
authorizing the Town Manager to execute the same. (DL)
g. Ordinance to amend Ordinance 09-099, School Zone Speed Limits, in order to allow for Rogers
Middle School Zone to have extended hours until 4:30 p.m. (KM)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to approve the consent
agenda.
R_t_ t n
viuuvii approved i -u.
Mayor Niswanger requested items 11, 12, and 13 be moved to this part of the agenda
11. Consider and act upon an ordinance adopting the Fiscal Year 2009-10 Budget and setting the
appropriations for the Fiscal Year beginning October 1, 2009 and ending September 30, 2010.
(ML)
Matthew Garrett, Finance Director, gave council background information on this item.
Mike Land, Town Manager, answered questions about this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve and adopt the
2009 — 2010 Budget for the fiscal year beginning October 1, 2009 and ending September, 30, 2010 as proposed
and filed by the Town Manager with the following adjustment: Remove the contingency reserve.
Motion approved 6-1 with Mayor Niswanger voting "no."
12. Consider and act upon an ordinance adopting the Town's 2009 Property Tax Rate. (ML)
Matthew Garrett, Finance Director, gave council background information on this item.
Mike Land, Town Manager, answered questions about this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to move that the property
tax rate increased by the adoption of the tax rate of $0.53 cents per $100 assessed valuation, which is effectively
a 1.23 percent increase in the tax rate.
Motion failed 3-4 with Councilmembers Vestal, Miller, Wilson, and Smith voting "no."
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Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Miller to move that the property tax rate
increased by the adoption of the tax rate of $0.52 cents per $100 assessed valuation, which is effectively a .68
percent decrease in the tax rate.
Motion approved 6-1 with Councilmember Turley voting "no."
13. Consider and act upon an ordinance to ratify the property tax revenue increase reflected in the
Fiscal Year 2009-10 Adopted Budget as required under Section 102.007(c) of the Local
Government Code. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve the ordinance
ratifying the property tax revenue increase reflected the Fiscal Year 2009-2010 Budget.
Motion approved 7-0.
Mayor Niswanger left the meeting at 7:16 p.m.
CITIZEN'S COMMENTS
5. Other Comments by the Public.
REGULAR AGENDA
PUBLIC HEARINGS
6. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of
approximately 33.026 acres of land generally located north of West First Street and east of the
Dallas North Tollway. (MD)
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to open the public hearing.
Motion approved 6-0.
Mayor Pro -Tem Smith opened the public hearing at 7:18 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to close the public hearing.
Motion approved 6-0.
Mayor Pro -Tem Smith closed the public hearing at 7:19 p.m.
7. A public hearing to consider and act upon a request to rezone 10.0± acres, located on the north
side of First Street, 500± feet west of Dallas Parkway (1464 W. First Street), from Agricultural (A)
to Commercial Corridor (CC). (Z09-9). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to open the public hearing.
Motion approved 6-0.
Mayor Pro -Tem Smith opened the public hearing at 7:21 p.m.
Lillian Pinkus, property owner, spoke in favor of the rezoning.
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Scott Norris spoke in favor of the rezoning.
Motioned by Councilmember Vestal, seconded by Councilmember Turley to close the public hearing.
Motion approved 6-0.
Mayor Pro -Tem Smith closed the public hearing at 7:22 p.m.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve a request to
rezone 10.0± acres, located on the north side of First Street, 500± feet west of Dallas Parkway (1464 W. First
Street), from Agricultural (A) to Commercial Corridor (CC).
Motion approved 6-0.
8. A public hearing to consider and act on an ordinance approving CoSery Gas LTD.'s revised and
uncontested tariffs as negotiated by the Coalition of Cities Served by CoSery and CoSery Gas
LTD. regarding the company's request to increase revenues. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to open the public hearing.
Motion approved 6-0.
Mayor Pro -Tem Smith opened the public hearing at 7:25 p.m.
There were no comments by the public.
Motioned by Councilmember Miller, seconded by Councilmember Turley to close the public hearing.
Motion approved 6-0.
Mayor Pro -Tem Smith closed the public hearing at 7:26 p.m.
Motioned by Councilmember Wilson, seconded by Deputy Mayor Pro -Tem Dugger approving CoSery Gas
LTD.'s revised and uncontested tariffs as negotiated by the Coalition of Cities Served by CoSery and CoSery
Gas LTD. regarding the company's request to increase revenues.
Motion approved 6-0.
DEPRTMENT ITEMS
9. Discuss and set a date for Board and Commission interviews. (MD)
Councils set the Board and Commission interviews for September 21, 2009.
10. Consider and act on Ambulance Transport Fees. (RT)
Ronnie Tucker, Fire Chief, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to increase ambulance
transport fees to $600.00 for residents and $700 for non-residents plus $10 per mile.
Motion approved 6-0.
14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
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15. Adjourn.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by councilmember Miller to adjourn.
Motion approved 6-0.
The meeting was adjourned at 7:35 p.m.
Attest:
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Town Secretary
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