01.26.2010 Town Council Minutes1.
Call to Order / Roll Call.
The meeting was called to order at 6:02 p.m
Roll call was taken by the Town Secretarv.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, January 26, 2010 at 6:00 p.m.
Council present included: Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem Kenneth Dugger, Dave Turley,
David Vestal (Arrived 6:22 p.m.), 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, Kirk McFarlin, Police
Chief, Gary McHone, Police Captain, Matthew Garrett, Finance Director, Michael Bulla, CIP Project Manager;
Rebecca Brewer, Town Attornev, and Matthew Denton, Town Secretarv.
2. Invocation and Pledge of Allegiance.
Frank Drenner, Pastor at Prosper First United Methodist Church, gave the invocation.
Mayor Pro -Tem Smith led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mike Land, Town Manager, announced the groundbreaking for the Community Park will be Friday, January 29,
2010 at 10:00 a.m.
PRESENTATIONS
4. Introduction of Collin County Commissioner for Precinct 1, Matt Shaheen, as the new Commissioner
for Prosper.
Collin County Commissioner for Precinct 1, Matt Shaheen, gave an introduction of himself and answered questions
for the Council.
5. Presentation by the USPS regarding the USPS -Post Office expansion project at 102 E. Broadway
Street.
Mike Land, Town Manager, gave a presentation for the USPS and answered questions for Council.
Rebecca Brewer, Town Attorney, also answered questions for Council.
CONSENT AGENDA
6. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
Page 1 of 4
January 12, 2010 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon an ordinance rezoning 0.6± acre, located on the northeast corner of Coleman
Street and Fifth Street (103 East Fifth Street), from Single Family -15 (SF -15) to Planned
Development -Downtown Office (PD-DTO). (Z09-12). (CC)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve the consent agenda.
Motion approved -0.
CITIZEN'S COMMENTS
7. Other Comments by the Public.
Roger Flood, 2761 Meadow Ridge Drive, gave Council information on an upcoming Community Library event
called "Football in Texas."
REGULAR AGENDA
PUBLIC HEARINGS
8. A public hearing to consider and act upon a request to rezone 8.2± acres, located at Prairie Vista
Drive, 200± feet east of Coleman Street, to amend Planned Development -37 (PD -37), Exhibit C,
Section I (Minimum Dwelling Area). (Z09-16). (CC)
Chris Copple, Senior Planner, gave Council background information on this item.
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to open the public hearing.
Motion approved -0.
Mayor Pro -Tem Smith opened the public hearing at 6:27 p.m.
Mark Wainscott, 3030 LBJ, Dallas, spoke against the request as presented by staff.
Mike McClung 1400 Cedar Springs Drive, supported the ordinance as proposed by staff and the Planning and
Zoning Commission.
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to close the public hearing.
Motion approved 6-0.
Mayor Pro -Tem Smith closed the public hearing at 6:33 p.m.
Ken Head, property owner, spoke against the ordinance as proposed by staff.
Motioned by Councilmember Wilson, seconded by Deputy Mayor Pro -Tem Dugger to approve a request to rezone
8.2± acres, located at Prairie Vista Drive, 200± feet east of Coleman Street, to amend Planned Development -37
(PD -37), Exhibit C, Section I (Minimum Dwelling Area) subject to:
1. The maximum number of homes constructed with a minimum dwelling area between 1,00 and 1,749
square feet shall be six (6).
2. The maximum number of homes constructed with a minimum dwelling area between 1,70 and 1,999
square feet shall be sixteen (16).
3. The minimum number of homes constructed with a minimum dwelling area of 2,000 square feet or greater
in size shall be ten (10).
Motion approved -1 with Councilmember Turley voting "no."
Page 2 of 4
DEPRTMENT ITEMS
9. Receive a presentation regarding the status of the Dispatch project. (GM)
Gary McHone, Police Captain, gave Council a presentation on how dispatch operations are functioning.
10. Consider and act on an Interlocal Agreement between the Town of Prosper and the Prosper
Economic Development Corporation for the reconstruction of a portion of Broadway St. east of
McKinley. (ML)
Mike land, Town Manager, gave Council background information on this item.
Dan Tolleson, Executive Director of the Prosper Economic Development Corporation, answered questions for
Council regarding the project.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to approve the Interlocal
agreement with the Prosper Economic Development Corporation for the reconstruction of a portion of Broadway
St. east of McKinley.
Motion approved 6-0.
11. Discuss the Town Council meeting start time. (ML)
Councilmember Turley recommended the Town Council meetings start at 6:30 p.m
12. Capital Improvement Projects Update. (MB)
Michael Bulla, CIP Project Manager, gave Council a presentation on the status of the Capital Improvements
Projects.
13. Consider and act upon 1) an award of bid to J&T Excavation, LLC, 2) enter into a contract
agreement with J&T Excavation, LLC, regarding the construction services for the Main Street Park
Paving Improvements and 2) adopt a resolution authorizing the Town Manager to execute the same.
(MB)
Michael Bulla, CIP Project Manager, gave Council background information on this item.
Motioned by Councilmember Turley, seconded by Councilmember Miller to approve item 13.
Motion approved 6-0.
14. Consider and act upon an ordinance repealing Ordinance Nos. 02-25, 03-26, 04-03, 05-49, 05-76, 06-
20, 07-94, 08-52 and 09-69 (Sign Regulations) and establishing Sign Regulations. (CC)
Chris Copple, Senior Planner, gave Council background information on this item.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to approve an ordinance repealing
Ordinances No. 02-25, 03-26, 04-03, 05-49, 05-76, 06-20, 07-94, 08-52 and 09-69 (Sign Regulations) and
establishing Sign Regulations as submitted.
Motion approved -0.
Page 3 of 4
EXECUTIVE SESSION
15. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit:
a. Section 551.074 to deliberate the evaluation of the Town Manager.
b. Section 551.071 consultation with Town Attorney regarding a matter(s) 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 related to the USPS -Post Office expansion project.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Turley to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 7:33 p.m.
16. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Councilmember Miller, seconded by Councilmember Turley to reconvene into regular session.
Motion approved 6-0.
Council reconvened into regular session at 8:21 p.m.
Council directed staff to move forward with requiring the USPS to meet the requirements set out in the letter from
Town Attorney, Rebecca Brewer, dated December 31, 2009 including attachments.
17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
18. Adjourn.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Miller to adjourn.
Motion approved 6-0.
Mayor Pro -Tem Smith adjourned the meeting 8:23 p.m.
Attest:
Matthew D. Denton, TRMC
Town Secretary
Page 4 of 4
Ray Smith, Mayor Pro -Tem