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10.12.2010 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, October 12, 2010 at 6:00 p.m. The meeting was called to order at 6:04 p.m. Roll call was taken by Mavor Smith. Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor Pro -Tem Meigs Miller, Dave Benefield, David Vestal, and Jason Dixon (arrived 6:13). Staff present included: Mike Land, Town Manager, Hulon Webb, Director of Development Services, Chris Copple, Senior Planner, Wade Harden, Senior Planner, Curtis Smith, Assistant Fire Chief, Matthew Garrett, Finance Director, Wayne Snell, Building Official, and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Pastor John Fowler, Prosper Presbyterian Church. Mayor Smith led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Councilmember Benefield announced the Familv Fun Fest to be held on October 31St at Rucker Elementarv. Mayor Smith announced a Town Hall Meeting on October 21, 2010 at 6:30 p.m. at Rogers Middle School. PRESENTATIONS 4. Presentation of certificates of appreciation for past Board and Commission members. Mayor Smith presented Certificates of Appreciation to George Dupont and Jason Dixon for serving on the Planning and Zoning Commission. CONSENT AGENDA 5. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • September 27, 2010 — Special Town Council Meeting • September 28, 2010 — Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. 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) Page 1 of 3 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) d. Consider and act on a resolution endorsing a resolution by the City Council of the City of Weston regarding a previously approved Ultimate Boundary Agreement and Declaratory Judgment. (ML) e. Consider and act on 2010/2011 Ambulance Transport Fees. (RT) f. Consider and act upon a resolution opposing southern routes Alternative T5. (ML) ANNEXATION PETITIONS g. Consider and act to accept a petition presented by Dan Tolleson to set dates for two public hearings and call for a service plan for the voluntary annexation of approximately 12.693 acres of land generally located north of First Street and 4300+ feet west of Custer Road. (MD) Mayor Pro -Tem Dugger requested item 5c be pulled from the consent agenda. Motioned by Deputy Mayor Pro -Tem Miller, seconded by Mayor Pro -Tem Dugger to approve items a, b, and d through G. Motion approved 6-0. C. Consider and act upon the expenditure of Park Improvement Funds for improvements at Whitley Place Park. (WH) Wade Harden gave council background information on this item. Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Benefield to spend park improvement funds to put in the hours of operation signs for Whitley Place Park. Motion approved 6-0. CITIZEN'S COMMENTS 6. Other Comments by the Public. There were no comments by the public. REGULAR AGENDA DEPARTMENT ITEMS 7. Consider and act upon an ordinance adopting the Green Built Texas Multifamily Protocol Version 1.0 with the Town of Prosper Addendum No. 1, creating the Town of Prosper Multifamily Green Building Program. (WS) Wayne Snell, Building Official, gave council background information on this item. Phil Crone, 5816 W. Plano Pkwy, Plano Texas, answered question for council. Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Dixon to approve an ordinance adopting the Green Built Texas Multifamily Protocol Version 1.0 with the Town of Prosper Addendum No. 1, creating the Town of Prosper Multifamily Green Building Program. Motion approved 6-0. Page 2 of 3 8. Consider and act upon 1) a change order #2 to Jacobs Engineering, Inc. for Professional Design Services for the Community Park and 2) a resolution authorizing the Town Manager to execute the same. (WH) Motioned by Councilmember Vestal, seconded by Deputy Mayor Pro -Tem Miller to table the item. Motion approved 6-0. 9. Discuss the Town's improved bond debt rating from Al to Aa3 by Moody's. (MG) Matthew Garrett, Finance Director, gave council background information on this item. Jason Hughes, First Southwest, answered questions for council. 10. Consider and act upon an ordinance approving all matters incident and related to the issuance and authorization of the sale of Town of Prosper Tax Notes, Series 2010 totaling $2,045,000 in connection with the radio dispatch center and the purchase of two ambulances. (MG) Jason Hughes, First Southwest, gave council information on this item. Motioned by Mayor Pro -Tem Dugger, seconded by Deputy Mayor Pro -Tem Miller to adopt an ordinance approving all matters incident and related to the issuance and authorization of the sale of Town of Prosper Tax Notes Series 2010 totaling $2,04,000 in connection with the radio dispatch center and the purchases of two ambulances. Motion approved 6-0. 11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 12. Adjourn. Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to adjourn. Motion approved 6-0. Attest: Matthew D. Denton, TRMC Town Secretary Page 3 of 3 Ray Smith, Mayor