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10.27.2009 Town Council MinutesISPER OWN OF 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, October 27, 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; Wade Harden, Senior Planner; Richard Abernathy, Town Attorney; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Pastor Mike Gilton, St. Paul's Episcopal Church. Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Councilmember Vestal announced Family Fun Night on Friday October 30`b at Rucker Elementary. Mayor Niswanger announced the Prosper Country Christmas will be on December 13, 2009. Mike Land announced the open house for the new dispatch center will be held on November 3, 2009. PRESENTATION 4. Presentation of a Proclamation for Fried Pie Day. Mayor Niswanger presented a Proclamation proclaiming November 7, 2009 as Fried Pie Day in Prosper. 5. Presentation by Quinn Harrington regarding the Prosper 48 Project. Quinn Harrington made a presentation to council regarding problems he is having with the Prosper 48 project. Richard Abernathy, Town Attorney, answered questions for council. EXECUTIVE SESSION 6. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit Section 551.071 — Consultation with the Town's Attorney regarding a matter (s) in which the Page 1 of 5 duty of the Town Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding legal issues related to the Municipal Management District. Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to recess into closed session. Motion approved 6-0. Council recessed into closed session at 6:36 p.m. 7. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Vestal to reconvene into regular session. Motion approved 6-0. Council reconvened into regular session at 7:15 p.m. No action was taken as a result of closed session. CONSENT AGENDA 8. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • October 13, 2009 — Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon a resolution accepting and approving the 2009 Tax Roll. (MG) FTNANCTAT.0 C. Consider and act upon the financial statements ending September 30, 2009. (MG) d. Consider and act upon the Quarterly investment portfolio ending September 30, 2009. (MG) Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approve the consent agenda. Motion approved 6-0. CITIZEN'S COMMENTS 9. Other Comments by the Public. Alan Michlin, 3575 Smiley Rd., addressed the council regarding the condition of the roads in the western part of the Town. Page 2 of 5 REGULAR AGENDA PUBLIC HEARINGS 10. A public hearing to consider and act upon an amendment to the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan) removing the unnamed east -west four lane divided thoroughfare, located between Teel Parkway and Gee Road, 1,800± feet north of U.S. 380. (CA09-01). (CC) Hulon Webb, Director of Development Services, 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 Niswanger opened the public hearing at 7:23 p.m. There were no comments by the public. Motioned by Councilmember Wilson, seconded by Mayor Pro -Tem Smith to close the public hearing. Motion approved 6-0. Mayor Niswanger closed the public hearing at 7:24 p.m. Motioned by Councilmember Wilson, seconded by Deputy Mayor Pro -Tem Dugger to approve an amendment to the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan) removing the unnamed east - west four lane divided thoroughfare, located between Teel Parkway and Gee Road, 1,800± feet north of U.S. 380. Motion approved 6-0. 11. A public hearing to consider and act upon an amendment to the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan) revising a portion of First Street, located between Coleman Street and Craig Street, from a future four lane divided thoroughfare (90 feet of right- of-way) to a future three lane thoroughfare (60 feet of right-of-way). (CA09-02). (CC) Hulon Webb, Director of Development Services, 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 7:31 p.m. Jessica and Jason Miller, 208 E 2"' Street, supported the change in the Thoroughfare Plan. Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to close the public hearing. Motion approved 6-0. Mayor Niswanger closed the public hearing at 7:34 p.m. Motioned by Councilmember Vestal, seconded by Councilmember Miller to approve an amendment to the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan) revising a portion of First Street, located between Coleman Street and Craig Street, from a future four lane divided thoroughfare (90 feet of right- of-way) to a future three lane thoroughfare (60 feet of right-of-way). Page 3 of 5 12. A public hearing to consider and act upon a request to rezone 120.8± acres, located on the southeast corner of Legacy Drive and Frontier Parkway, from Agricultural (A) to Planned Development–Single Family/Retail (PD-SF/R). (Z09-04). (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 7:41 p.m. John Rose, 4215 Walnut Hill Dallas TX, answered questions for council regarding the project. Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Vestal to close the public hearing. Motion approved 6-0. Mayor Niswanger closed the public hearing at 7:44 p.m. Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approve the request to rezone 120.8+ acres, located on the southeast corner of Legacy Drive and Frontier Parkway, from Agricultural (A) to Planned Development—Single Family/Retail (PD-SF/R) subject to: 1. Decreasing the maximum number of single family detached dwelling units for the property to 198, which is a density of 2.0 dwellings per acre. Motion approved 6-0. 13. A public hearing to consider and act upon a request to rezone 107.2± acres, located on the northwest corner of Gee Road and U.S. 380, from Agricultural (A) to Single Family -10 (SF -10) and Commercial (C). (Z08-7). (CC) Chris Copple, Senior Planner, gave council background information on this item. Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Wilson to open the public hearing Motion approved 6-0. Mayor Niswanger opened the public hearing at 7:49 p.m. Matthew Alexander, Dowdy Anderson & Assoc, answered questions for council. Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Miller to close the public hearing Motion approved 6-0. Mayor Niswanger closed the public hearing at 7:50 p.m. Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Smith to approve a request to rezone 107.2± acres, located on the northwest corner of Gee Road and U.S. 380, from Agricultural (A) to Single Family -10 (SF -10) and Commercial (C) Page 4 of 5 DEPARTMENT ITEMS 14. Consider and act upon 1) an addendum to the construction manager at risk agreement approving a Guaranteed Maximum Price (GMP) by Core Construction, Inc. for the construction of the Town Community Park and 2) adopt a resolution authorizing the Town Manager to execute the same. (WIT) Wade Harden, Senior Planner, gave council background information on this item. Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve Core Construction's proposed guaranteed maximum price (GMP) of $9.1 million for the construction of phase 1 of the Community Park and adopt a resolution authorizing the Town Manager to execute the same. Motion approved 6-0. 15. Consider and act upon appointing persons to the Board of Adjustment / Construction Board of Appeals. (ML) Motioned by Councilmember Miller, seconded by Deputy Mayor Pro -Tem Dugger to appoint Richard Turner and Matthew Jakusz to the Board of Adjustment / Construction Board of Appeals. Motion approved 6-0. 16. Consider and act upon appointing a person to the MMD No. 1 Board of Directors. (ML) Motioned by Councilmember Miller, seconded by Mayor Pro -Tem Smith to appoint Mark DeMattia to the MMD No. 1 Board of Directors. Motion approved 6-0. 17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Mayor Pro -Tem Smith requested a committee be put together of councilmembers and other board members to work with Blue Star on the design of their project. Mayor Pro -Tem Smith also requested staff look at some sort of hard surface to be used on the infield of the new ball parks for special needs people. 18. Adjourn. Motioned by Councilmember Miller, seconded by Deputy Mayor Pro -Tem Dugger to adjourn. Motioned approved 6-0. The meeting was adjourned at 8:02 p.m. Attest: %hew D. Denton, TRMC Charles Niswanger, Mayor wlln Secretary 1t`I111111111f1 OF P&O m,�? �a ��� a�sosrar.r�r � e � b � e r a � r � Page 5 of 5 `w Z �0# ••�, /. fd. T1�Y FSS i4'�.