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02.09.2010 Town Council MinutesCall to Order / Roll Call. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, February 9, 2010 at 6:00 p.m. The meeting was called to order at 6:03 p.m. Roll call was taken by the Town Secretary. Council present included: 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, Wade Harden, Senior Planner, Matthew Garrett, Finance Director, and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Reverend Michael Gilton, St. Paul's Episcopal Church of Prosper. Mayor Pro -Tem Smith led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Matthew Denton, Town Secretary, announced filing for the May 8, 2010 Election was currently underway and will run through March 8, 2010. Mike Land, Town Manager, announced the Primary Election, being held on March 2, 2010 at the Community Library — Revnolds Middle School. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • January 26, 2010 — Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon a resolution accepting the resignation of Charles Niswanger as Mayor. C. Consider and act upon the 2009 Racial Profiling Report for the Prosper Police Department. (KM) d. Consider and act upon a resolution ordering a General Election to be held jointly between the Town of Prosper, the Prosper Independent School District, and the Collin County Community College District to be administered by the Collin County Elections Administration on May 8, Page 1 of 3 2010, for the purpose of electing three (3) members, the Mayor, Place 1, and Place 4, to the Town of Prosper Town Council to fill expired terms. (MD) e. Consider and act upon a resolution ordering a Special Election to be held jointly between the Town of Prosper, the Prosper Independent School District, and the Collin County Community College District to be administered by the Collin County Elections Administration on May 8, 2010, for the purpose of electing one (1) member, Place 6, to the Town of Prosper Council to fill an unexpired term. (MD) L Consider and act upon a Joint Election Agreement and Contract for Election Services between the Town of Prosper, the Prosper Independent School District, and the Collin County Community College District to be administered by the Collin County Elections Administration for the May 8, 2010 General Election. (MD) h. Consider and act upon an ordinance rezoning 8.2± acres, located at Prairie Vista Drive, 200± feet east of Coleman Street, amending Planned Development -37 (PD -37), Exhibit C, Section I (Minimum Dwelling Area). (Z09-16). (CC) FINANCIALS j. Consider and act upon the financial statements ending December 31, 2009. (MG) k. Consider and act upon the Quarterly investment portfolio ending December 31, 2009. (MG) Councilmember Vestal requested item 4g be removed from the consent agenda. Councilmember Miller requested item 41 be removed from the consent agenda. Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to approve the Consent Agenda items a -f, g,h, and j — k. Motion approved 6-0. g. Consider and act upon 1) enter into an Engineering Design Services Agreement with Walker Partners, LLC, for the design of the Wilson Creek Tributary Wastewater Interceptor; 2) approve a resolution authorizing the Town Manager to execute the same. (HW) Councilmember Vestal asked staff questions regarding this item. i. Consider and act upon 1) Contract for materials testing between the Town of Prosper and Rone Engineering Services, LTD. and 2) a resolution authorizing the Town Manager to execute the same. (WH) Councilmember Miller asked staff questions regarding this item. Motioned by Councilmember Vestal, seconded by Councilmember Miller to approve items 4g and 41. Motion approved 6-0. CITIZEN'S COMMENTS 5. Other Comments by the Public. There were no comments by the public. Page 2 of 3 REGULAR AGENDA DEPARTMENT ITEMS 6. Receive an update on the Community Library. (LS) Linda Shaw, Town Librarian, gave council an update on activities at the Community Library. EXECUTIVE SESSION 7. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code to wit: Section 551.072 to deliberate regarding real property. Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to recess into closed session. Motion approved 6-0. Council recessed into closed session at 6:15 p.m. 8. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Councilmember Wilson, seconded by Councilmember Turley to reconvene into regular session. Motion approved 6-0. Council reconvened into regular session at 6:36 p.m. 9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Councilmember Turley asked that an update on Prosper Trail be on a future agenda. Councilmember Wilson requested an update on the Community Park construction be on a future agenda. 10. Adjourn. Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to adjourn. Motion approved 6-0. The meeting was adjourned at 6:40 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Page 3 of 3 Ray Smith, Mayor Pro -Tem