07.10.2012 Town Council Minutes1.
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TOWN OF
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Call to Order / Roll Call.
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, July 10, 2012
Council Meeting
6:00 p.m.
Council present included: Mayor Ray Smith; Deputy Mayor Pro Tem Kenneth Dugger; Danny
Wilson; Jason Dixon; and Curry Vogelsang Jr.
Council Member(s) absent: Mayor Pro Tem Meigs Miller
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon Webb,
Director of Development Services; Chris Copple, Planning Director; and Matthew Garrett, Finance
Director
Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
Announcements of dates and times of upcoming community events.
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council
is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
4a. Consider and act upon minutes from the following Council meeting(s) (AP)
June 26, 2012 — Regular Town Council Meeting
4b. Consider and act upon Resolution No. 12-48, authorizing a contract between Town of Prosper
and Denton County Elections to conduct the September 15, 2012 Town Special Called
Election to fill a vacancy. (AP)
4c. Consider and act on Resolution Number 12-49, awarding the Prosper Road Improvement
Project 2012, Prosper Trail - Coit Road to Custer Road Construction Bid. (FJ)
4d. Consider and act upon a Resolution No. 12-50, amending authorized representatives to
transact business with TexPool Participant Services. (MG)
4e. Consider and act upon a Resolution No. 12-51, authorizing individuals named to endorse
checks and orders for the payment of money or otherwise withdraw or transfer funds on
deposit with Independent Bank or any other Town depositories and exercise all of the powers
listed in the resolution. (MG)
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4f. 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)
4g. Consider and act upon Resolution No. 12-47, adopting a revised Board Configuration for the
Prosper Community Library Board Members. (ML)
Deputy Mayor Pro Tem Dugger made a motion to approve Consent Items 4a. through 4g., as
amended. Motion seconded by Council Member Vogelsang. Motion approved by vote of 5-
0.
5. CITIZEN'S COMMENT
(The public is invited to address the Council on any topic. However, the Council is unable to discuss
or take action on any topic not listed on this agenda. Please complete a "Public Comments Form" and
present it to the Town Secretary prior to the meeting.)
Other Comments by the Public - Resident Bruce Carlin spoke to Council regarding new Sudden Link
cable boxes showing pictures of large metal boxes approximately 5 ft. tall and 2 ft. wide. Mr. Carlin
urged Council to require guidelines for the size and location of these cable boxes.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
"Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
DEPARTMENT ITEMS
6. Consider and act upon a Resolution No. 12-52, regarding Customer Choice in the implementation of
smart meters within the Town of Prosper. Town Manager Mike Land briefed Council regarding this
item. Mr. Land explained that as a result of citizen input during the past two Council meetings staff
has been in contact with the Town's Attorney's, Representative Paxton's office, Senator Estes office
and the Public Utility Commission regarding the current mandatory installation of smart meters. Mr.
Land explained that it is abundantly clear that local municipalities have no regulatory authority over
the installation of these types of meters. This Resolution basically encourages the PUC to positively
consider creating an opt -out process for citizens. Council Member Wilson had concerns that smart
meters may increase health risks and asked that more research be conducted on the issue.
After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve Resolution No. 12-52,
encouraging the Public Utility Commission of Texas to adopt a smart meter opt -out program and
forward said resolution to State Representatives and the PUC. Motion seconded by Council Member
Wilson. Motion approved by vote of 5-0.
Council Skipped to Executive Session Item 8a and Item 8b.
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Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session. Motion seconded
by Council Member Wilson. Motion approved by vote of 5-0.
8. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act to deliberate regarding,
8a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
south of Prosper Trail, east of the BNSF railroad, west of Custer, and north of Highway 380.
8b. Section 551.071. Meeting with Town Attorney regarding a matter in which the 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 relating to the proposed,
updated Comprehensive Plan.
To reconvene into Regular Session and take any action necessary as a result of the Closed
Session.
There was no action taken as a result of Executive Session Items 8a. and 8b.
Council Member Vogelsang made a motion to reconvene into Regular Session. Motion seconded by
Council Member Wilson. Motion approved by vote of 5-0.
7. Discuss and provide direction regarding the 2012 Town of Prosper Comprehensive Plan Update.
(CA 12-0001). Planning Director Chris Copple and Eddie Haas with Freese and Nichols briefed
Council regarding this item.
After a lengthy discussion, Council advised staff to revise the following information:
1. Revise language in the Dallas North Tollway District to reflect a maximum height of 12
stories for office buildings.
2. Designate the southeast corner of Coit Road and Frontier Parkway for retail uses.
3. Clarify "Veloweb" (NCTCOG's regional off-street trail network) in the document.
4. Council prefers the shorter, more concise vision statement.
Council Member Dixon made a motion to table this item. Motion seconded by Deputy Mayor Pro
Tem Dugger. Motion approved by vote of 5-0.
8. EXECUTIVE SESSION
Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session. Motion seconded
by Council Member Wilson. Motion approved by vote of 5-0.
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act to deliberate regarding;
8c. Section 551.074. To deliberate the appointment employment and/or duties of the interim
Town Manager and/or permanent Town Manager.
8d. Section 551.087. To deliberate regarding Economic Development Negotiations regarding
property located west of DNT, north of Hwy 380, east of 1385 and south of First Street.
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To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session. Motion seconded
by Council Member Wilson. Motion approved by vote of 5-0.
As a result of Executive Session Item 8c., Council Member Vogelsang made a motion to approve
entering into a contract with Texas First Replacement Services naming Lyle Dresher as Interim Town
Manager. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0.
As a result of Executive Session Item 8d., Council Member Vogelsang made a motion to authorize
the Mayor to execute the real estate purchase contract between Town of Prosper and Sexton Farms,
Ltd. At to take all actions necessary to effectuate the same, including, without limitation, the
execution of any and all other documents related thereto. Motion seconded by Council Member
Wilson. Motion approved by vote of 5-0.
9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council asked
staff to research and develop a presentation on the cable boxes being placed in some neighborhoods.
10. Adjourn- Council Member Curry made a motion to adjourn the meeting. Motion seconded by
Council Member Wilson. Motion approved by vote of 5-0.
The meeting adjourned at 10:21 p.m.
ATTEST:
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Amy M. Piuk a, RMC
Town Secret y
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APPROVED:
Ray Smith, Mayor
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