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02.14.2006 Town Council Minutes Minutes (approved) ] Regular Meeting of the Prosper Town Council 800 Somerville Drive Folsom Elementary School (Community Room) Tuesday, February 14, 2006 at 6:00 p.m. 1.Call to Order / Roll Call. Meeting was called to order at 6:07 p.m. Roll call was taken by the Town Secretary. Council present included: Mayor Charles Niswanger, Mayor Pro-Tem Lisa Dritschler, Dave Turley, Kevin Drown, Mike Wadsworth, and David Bristol. Staff present included: Planning Director, Mitch Humble; Business Manager, Ron Butler; Police Chief, Kirk McFarlin; and Town Secretary, Shanae Jennings. 2.Invocation and Pledge of Allegiance Invocation was given by Pastor Doug Fox of First United Methodist Church. The Pledge of Allegiance followed. 3.Announcements of dates and times of upcoming community events Collin County Mobility meeting this Thursday, 8:00 p.m. in Frisco. First day to file for a place on the ballot for school district or for council was yesterday, and the last day is March 13, 2006. 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.) 4.Consent Agenda MINUTES a.Consider and act upon minutes from the following Council meetings: (SJ) January 24, 2006 Regular Meeting January 24, 2006 Joint Meeting of the Prosper Town Council and Prosper Independent School District Board FINAL ACCEPTANCE b.Consider and act upon a request for final acceptance of Gentle Creek Estates, Phase Five, being 31 single family lots on 10.2± acres on the east side of Coit Road, 300± feet nor ORDINANCES AND RESOLUTIONS c.Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the P. Barnes Survey, Abstract No. 79, Denton County, Texas, J. Gonzales Survey, Abstract No. 447, Denton County, Texas, B.R. Hodges Survey, Abstract No. 593, Denton County, Texas, and J. Kennedy Survey, Abstract No. 1688, Denton County, Texas, containing approximately 107.6 acres of land, and being more generally located on the southeast corner of Fishtrap Road (First Street) and FM 1385. (SJ) Page 1 of 5 d.Consider and act upon 1) an agreement between the Town of Prosper and Lakes of Prosper, Ltd. regarding the improvement of Prosper Trail between Coleman Street and the Dallas North Tollway and 2) a resolution authorizing the Mayor to execute the same. (DM) Motioned by David Bristol, seconded by Mike Wadsworth to approve consent agenda items 4a – 4c, subject to staff recommendations. Motion approved 5-0. David Bristol asked that consent agenda item 4d be discussed. There were a couple of items that he had questions about, as well as noticing that there was a sentence that needed to be removed from the contract in order to make it accurate. Staff answered his questions and indicated the sentence he was referring to would be removed. Motioned by David Turley, seconded by Kevin Drown to approve consent agenda item 4d, subject to review by the Town Administrator and subject to review by the Town Attorney. Motion approved 5-0. PUBLIC COMMENTS (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.) 5.Comments by the Public There were no comments by the public at tonight’s meeting. 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.Discuss and provide direction to Town staff regarding the reduction of the prima facie speed limit in residential areas from 30 miles per hour to 25 miles per hour (KM) Based on requests by a large portion of the community as well as a petition submitted by a majority of a subdivision in Prosper, the Prosper Police Department is proposing that a prima facie speed limit be set at 25 miles per hour for all subdivisions in Prosper. Motioned by Mike Wadsworth, seconded by David Bristol to table this item to the February 28, 2006 meeting and direct the Police Chief to give notice to Highland Meadows that the item will be discussed and brought back for consideration at the February 28 meeting. Motion approved 5-0. 7.Coit Road speed limit (KM) Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Dave Turley to table this item to the February 28, 2006 meeting. Motion approved 5-0. 8.Presentation of the Prosper Police Department’s Racial Profiling Report. (KM) This is a standard report that must be conducted on an annual basis. The reports show that traffic stops and citations are issued in a non-discriminatory manner with no racial profiling in existence. 9.A public hearing to consider a request to establish Tax Abatement Reinvestment Zone No. 1 for Centex Homes d/b/a CTX Builders Supply. (KG) Karen Gandy provided the Council with some background information as to what a tax abatement is and gave a general overview of this item. Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Mike Wadsworth to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:48 p.m. Page 2 of 5 Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:52 p.m. 10.Discuss the recommendations of the Home Rule and Charter Explora David Bristol and Kevin Drown gave a brief overview of the topics discussed by the exploratory committee and the direction in which the Home Rule and Charter Exploratory Committee has been heading. The next charter meeting, which will be the first meeting with the new commission if approved tonight, is scheduled for Monday, March 13, 2006 at Folsom Elementary School at 6:00 p.m. In the meantime, the staff will work with the town attorney to draw up a draft charter so that the commission can have something to work with. 11.Consider and act upon a resolution declaring the population of the Town of Prosper to be 5,024 persons. (DM) Motioned by David Bristol, seconded by Kevin Drown to approve a resolution declaring the population of the Town of Prosper to be 5,024 persons. Motion approved 5-0. 12.Consider and act upon a resolution establishing a Charter Commission. (DM) Mayor Pro-Tem Lisa Dritschler would like for the charter commission to be comprised of residents solely, and not council members. The two council members who currently sit on the exploratory committee spoke to the request and indicated that if they had not gone this far on the committee that it might be reasonable to step down; but, now that they have been sitting on the exploratory committee they would like to move forward with being made part of the commission so that they can see the work that they have begun be carried through to the end product. Mayor Pro-Tem Lisa Dritschler indicated that she understood them wanting to see the charter through; but, did request that if the two council members were to continue to sit on the committee, that she would prefer and request that those two council members not be appointed as officers on the committee, such as being the chair or vice-chair. Motioned by Mike Wadsworth, seconded by David Bristol to approve a resolution establishing a Charter Commission. Motion approved 5-0. 13.Consider and act upon the appointment of an Impact Fee Advisory Committee. (DM) Mike Wadsworth stepped down from the dais because he currently serves on the Prosper Economic Development Corporation (PEDC), and it is the recommendation of the staff that the EDC members become the Impact Fee Committee. Dave Turley stepped out of the room at the time of the discussion for this item and was not present for the vote. Motioned by David Bristol, seconded by Kevin Drown to appoint the members of the PEDC as the Impact Fee Advisory Committee. Motion approved 3-0. Council took a short recess at approximately 7:30 p.m. Council reconvened from recess at approximately 7:42 p.m. 14.Review and discuss the Town’s financial audit of the 2004-2005 f Tom Pingleton, Frisco, TX – He is the principle in the CPA firm that conducted Prospers audit. He gave a general overview of the audit for the fiscal year beginning October 1, 2004 through September 31, 2005. The overall analysis was that the Town is in excellent shape fiscally. 15.Discuss a study that compares the salaries and benefits of Town municipalities. (DM) Council elected to defer this item to a later date. Page 3 of 5 Closed Session 16.Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit, Section 551.074, to: a)Discuss and evaluate the performance of the Police Chief and Pol b)Discuss and evaluate the performance of the Public Works Manager. Council convened into executive session at approximately 8:20 p.m. 17.Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by David Bristol, seconded by Dave Turley to approve the Town Administrator recommendation of the salary survey to increase the Police Chief’s salary to $71,646, and the Police Captain’s salary to $64,785 annually, retroactive to January 1, 2006. Motion approved 5-0. Motioned by David Bristol, seconded by Kevin Drown to exceed the Town Administrator’s recommendation and increase the Police Chief’s salary to $75,000. Motion approved 3-2. Mayor Pro-Tem Lisa Dritschler and Mike Wadsworth opposed. Mayor Pro-Tem Lisa Dritschler and Mike Wadsworth indicated that they have tremendous support for the police department and the job of the police chief; but, based on the Town Administrator’s recommendation and the process for providing pay increases, they cannot support an increase above what the Town Administrator recommended. Motioned by Mike Wadsworth, seconded by David Bristol to take no action as a result of the executive session on item 16 b. Motion approved 5-0. 18.Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: a)Section 551.074, to discuss the annual performance evaluation of the Town Administrator. b)Section 551.072, to deliberate the purchase and/or value of real property located in the area bounded by the BNSF Railway to the east, Fields Road to the west, U.S. 380 to the south, and Frontier Parkway to the north. The Town Administrator was unable to attend tonight’s meeting; therefore, the Council chose to table this item until the February 28, 2006 meeting. Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Dave Turley to table agneda items 19-21. Motion approved 5-0. 19.Reconvene into regular session and take any action necessary as a result of the closed session. No action was necessary because council did not convene into executive session. 20.Recess into closed session in accordance with Section 551.001 et Seq. Texas Government Code, to wit: Section 551.087 – Discuss and deliberate financial information that the Town Council and PEDC have received from a business prospect that the Town Council and PEDC seek to have locate, stay, or expand in or near the territory of the Town Council and PEDC and with which the Town Council and PEDC are conducting economic development negotiations and to deliberate the offer of a financial or other incentive to such business prospect. Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Dave Turley to table agenda items 19-21. Motion approved 5-0. 21.Reconvene into regular session and take any action necessary as a result of the closed session. No action was necessary because Council did not convene into executive session. 22.Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Page 4 of 5 Dave Turley requested color coded maps indicating what has been approved and what has not been approved on the land use plan. Mayor Pro-Tem Lisa Dritschler requested that someone from our Town’s legal team be present at the next meeting to discuss HB 914. 23.Adjourn Motioned by Mike Wadsworth, seconded by Dave Turley to adjourn. Motion approved 5-0. The meeting was adjourned at 10:20 p.m. Attest: _________________________________________ _____________________ Shanae Jennings, Town Secretary Charles Niswanger, Mayor Page 5 of 5