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09.22.2009 Town Council MinutesISPER OWN 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, September 22, 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; Dan Tolleson, Executive Director of Economic Development; Chris Copple, Senior Planner; Matthew Garrett, Finance Director; Kirk McFarlin, Police Chief; Gary McHone, Police Captain; Rebecca Luke, Dispatch Supervisor; Wade Harden, Senior Planner; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Carter Morris, Pastor at Prestonwood Baptist Church. Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Mayor Niswanger announced Homecoming was Friday, September 25`h. The parade starts at 2:00 p.m. Mayor Niswanger also announced the bonfire had been postponed until sometime in October. Mike Land announced the following items: • There will be a community breakfast after the Homecoming football game. • There will be a Prosper Trail widening project ground breaking on October 2 at 11:00 a.m. • The Arts and Music Festival will be at Town Center on October 3`d • Legacy and Prosper Trail on the west side of town will be repaired. EXECUTIVE SESSION 4. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit Section 551.074: Discuss the appointment of individuals to the Parks and Recreation Board, Planning & Zoning Commission, and Economic Development Corporation. 5. Reconvene into regular session and take any action necessary as a result of the closed session. 11. Discuss and appoint individuals to the Parks and Recreation Board, Planning & Zoning Commission, Board of Adjustments/Construction Board of Appeals, Library Board, and Economic Development Corporation. Page 1 of 5 Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to make the following appointments: Economic Development Corporation * Mike Wadsworth • Donald Simms • Reno Jones Planning and Zoning Commission • Herb Trenham + Sam Johnson • Mike McClung • Troy Brock Library Board * Craig Moody + Jerald Killion Parks and Recreation Board • Mark Kelly • Thomas Blaney • Loren Moulder • Dan Ting Motion approved 7-0. 13. Consider and act upon a resolution authorizing the Town Manager to enter into professional services agreements and make purchases for equipment and capital relating to the Town's IT infrastructure and communication systems with aggregate costs of the projects not to exceed $200,000 through implementation. (MG) Matthew Garrett, Finance Director, gave council background information on this item Motioned by Councilmember Miller, seconded by Councilmember Vestal to approved the resolution authorizing the Town Manager to enter into professional services agreements and make purchases for equipment and capital relating to the Town's IT infrastructure and communication systems with aggregate costs of the projects not to exceed $200,000 through implementation. Motion approved 7-0. CONSENT AGENDA 6. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) + September 8, 2009 — Town Council Meeting Page 2 of 5 ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon an ordinance rezoning 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) C. Consider and act upon Change Order #1 to Dowdey, Anderson & Associates, Inc., for the Prosper Trail Widening Project (DNT — Preston Road). (HW) d. Consider and act upon a resolution: 1) determining a public necessity to acquire, by purchase or condemnation, certain property for the provision of constructing Prosper Trail (DNT to Preston Road), 2) giving notice of an official determination to acquire said property for the purposes set forth within and 3) authorizing the Town Manager to establish procedures for acquiring the property by purchase or condemnation. (HW) e. Consider and act upon 1) approval of Professional Design Services Agreement with Studio 13 Design Group, PLLC., regarding Median, Streetscape, and Intersection Standards and 2) adopt a resolution authorizing the Town Manager to execute the same. (WIT) f. Consider and act upon an ordinance amending paragraph (A) and subparagraph (6) of paragraph (B) of Subsection 7.3 (Nonconforming Uses) of Chapter 1, Section 7 of Ordinance No. 09-048; making non -substantive corrections to the ordinance to correct internal references within the ordinance. (Z09-2). (CC) g. Consider and act on a Resolution authorizing the Chief of Police to enter into Interlocal Agreements with surrounding jurisdictions for the purpose of radio interoperability. (KM) FINANCIALS h. Consider and act upon the financial statements ending August 31, 2009. (MG) Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Wilson to approve consent agenda items 6a — 6h. Motion approved 7-0. CITIZEN'S COMMENTS 7. Other Comments by the Public. There were no comments by the public. REGULAR AGENDA PUBLIC HEARINGS 8. A public hearing to consider and act upon a request to rezone 33.0± acres, located on the northeast corner of Dallas Parkway and First Street, from Agricultural (A) to Retail (R). (Z09-6). (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 7-0. Page 3 of 5 Mayor Niswanger opened the public hearing at 6:21 p.m. There were no comments by the public. Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Smith to close the public hearing. Motion approved 7-0. Mayor Niswanger closed the public hearing at 6:22 p.m. Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Vestal to approve item 8 subject to staff comments. Motion approved 7-0. 9. A public hearing to consider and act upon a request to rezone 5.9± acres, located on the west side of Coleman Street, 500± feet north of Prosper Trail, from Agricultural (A) to Commercial (C). (Z09-11). (CC) Chris Copple, Senior Planner, gave council background information on this item. Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger so open the public hearing. Motion approved 7-0. Mayor Niswanger opened the public hearing at 6:28 p.m. Kevin Wier, Spiars Engineering, answered questions for council regarding the property. Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to close the public hearing. Motion approved 7-0. Mayor Niswanger closed the public hearing at 6:30 p.m. Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve the request to rezone 5.9± acres, located on the west side of Coleman Street, 500-+ feet north of Prosper Trail, from Agricultural (A) to Commercial (C). Motion approved 7-0. 10. 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 Mayor Pro -Tem Smith, seconded by Councilmember Miller to open the public hearing. Motion approved 7-0. Mayor Niswanger opened the public hearing at 6:31 p.m. There were no comments by the public. Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Turley to close the public hearing. Motion approved 7-0. Mayor Niswanger closed the public hearing at 6:32 p.m. Page 4 of 5 DEPARTMENT ITEMS 12. Discuss and update status of dispatch operations project. (GM) Gary McHone, Police Captain, gave council a presentation on the status of the dispatch operations project. Rebecca Luke, Dispatch Supervisor, introduced herself and answered questions for council. 14. Consider and approve a resolution consenting to the creation of the Forest City/Three Stones Municipal Management District (MMD) to be known as Prosper Management District No. I. (ML) Mike Land, Town Manager, gave council background information on this item. Courtney Kuykendall, Town Attorney, answered questions regarding this item. David Blum, Forest City, answered questions for council. Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to recess into closed session. Motion approved 7-0. Council recessed into closed session at 7:09 p.m. Motioned by Councilmember Turley, seconded by Councilmember Miller to reconvene into regular session. Motion approved 7-0. Council reconvened into regular session at 7:30 p.m. Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Wilson to approved a resolution of the Town Council of the Town of Prosper, Texas; consenting to the creation of a Municipal Management District known as Prosper Municipal Management District No. 1; appointing four of the initial directors of the Prosper Management District No. 1 Board of Directors; which lies within the corporate limits of the Town of Prosper and appointing Kenneth Dugger to the Board of Directors as the Town's representative. Motion approved 7-0. 15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Councilmember Smith asked that an update on the Jackson rezoning case be placed on a future agenda. 16. Adjourn. Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to adjourn. Motion approved 7-0. ®tt A%199111IpI The meeting was adjourned at 7:36 p.m.�, 0 p o, �� �� ••e esas•" "V �f Attest: as n d • O N - 1 hew D. Denton, TRMC "; lsWad4ge a Town Secretary ••"�. o""•+••.•*"•sem` g'� TEXASti,*'0'