07.24.2007 Town Council Minutes MINUTES
II% Regular Meeting of the Prosper Town Council
Prosper Middle School -Library
1 P TOWN 0 F 605 E. Seventh Street, Prosper, Texas
SP II Tuesday,July 24, 2007 at 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:05 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Deputy Mayor Pro-Tem
Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and Ray Smith.
Staff present included: Hulon Webb, Director of Development Services; Chris Copple, Development and Parks
Planner; Dan Tolleson, Executive Director of the Economic Development Corporation; Kirk McFarlin, Police
Chief; Frank Jaromin,Public Works Director; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor Frank Drenner, Prosper United Methodist Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Pro-Tem Bristol announced there would be a Homeland Security Event at the Prosper High School on
Saturday,July 28, 2007.
CONSENT AGENDA
4. Consent Agenda
MINUTES -
a. Consider and act upon minutes from the following Council meetings. (MD)
• July 10,2007—Regular Town Council Meeting
• July 17,2007—Special Town Council Meeting
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
b. Consider and act upon 1) a service agreement between the Town of Prosper and the Collin County
Child Abuse Task Force-amendment to Interlocal Agreement and 2) a resolution authorizing the
Mayor to execute the same. (KM)
d. Consider and act upon an Interlocal agreement between the Town of Prosper and the Prosper
Economic Development Corporation for the Cross Development. (KC)
e. Consider and act upon an ordinance for the voluntary annexation of approximately 6.419 acres of
land located in the Collin County School Land Survey, Abstract No.147, and being more generally
located on the southwest corner of Prosper Trail and N. Coleman. (MD)
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f. Consider and act upon an ordinance for the voluntary annexation of approximately 24.296 acres of
land located in the Collin County School Land Survey, Abstract No.147, and being more generally
located south of First Street (CR 3) and 230+ feet east of the Dallas North Tollway. (MD)
g. An update on the Town's sports fields and/or the construction of future sports fields. (CC)
h. Review the Quarterly Investment Portfolio Summary for the quarter ending June 30, 2007 and
provide direction to Town staff regarding the various fund distribution. (RB)
FINANCIALS
i. Consider and act upon the financial statements ending June 30,2007.(RB)
Councilmember Wadsworth requested Item 4c be removed from the consent agenda.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Smith to approve the consent agenda, except
item 4c, subject to staff recommendations.
Motion approved 7-0.
c. Discuss appointment schedule and vacant positions on the Parks and Recreation Board,
Planning & Zoning Commission, Board of Adjustment, and Economic Development
Corporation. (MD)
Councilmember Wadsworth requested this item be pulled from the agenda so the council could discuss the
appointment of one of the open EDC positions and a few other issues.
Council directed staff to have a Chamber of Commerce member at the next regular council meeting to discuss the
Chamber's appointment to the EDC.
PRESENTATIONS
5. Presentation on the Volunteer Center of North Texas- Collin County Center on Volunteerism.
Maher Maso and Dana Riley gave a presentation on the Volunteer Center of North Texas.
6. Presentation of a proclamation proclaiming Tuesday, August 7, 2007 as "National Night Out" in
Prosper,Texas. (KM)
Mayor Niswanger presented a proclamation to Prosper Police Chief,Kirk McFarlin, for National Night Out.
CITIZEN'S COMMENTS
7. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
8. A public hearing to consider and act upon a request to rezone 24.3± acres, located on the southeast
corner of Dallas Parkway and First Street, from Single Family-15 (SF-15) and Agricultural (A) to
Commercial Corridor(CC). (Z07-13). (CC)
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Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to open the pubic
hearing. Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:58 p.m.
There were no comments by the public.
Motioned by Councilmember Dugger, seconded by Councilmember Drown to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:59 p.m.
Motioned by Mayor Pro-Tem Bristol, seconded by Deputy Mayor Pro-Tem Turley to approved the
requested zoning as Commercial Corridor.
Motion approved 7-0.
DEPARTMENT ITEMS
9. Consider and act upon 1) an award of bid to Four D Construction, Inc., 2) enter into a contract
agreement with Four D Construction, Inc., regarding the construction services for the First Street
20"Waterline(Craig Street to Coit Road) and 3) approve a resolution authorizing the Interim Town
Manager to execute the same. (HW)
Hulon Webb, Development Services Director, gave council background information on this item.
Motioned by Mayor Pro-Tern Bristol, seconded by Deputy Mayor Pro-Tem Turley to 1) approve the bid to
Four D Construction, Inc., 2) enter into a contract agreement with Four D Construction, Inc., regarding the
construction services for the First Street 20" Waterline (Craig Street to Coit Road) and 3) approve a resolution
authorizing the Interim Town Manager to execute the same.
Motion approved 7-0.
10. Consider and act upon 1)an award of bid of Prosper Road Improvement Project 2007,2) enter into a
contract agreement with Low bidder, regarding the construction services for Prosper Road -
Improvement Project 2007 (First Street, Third Street, Sixth Street, Seventh Street and Collin Green)
and 3) approve a resolution authorizing the Interim Town Manager to execute the same. (FJ)
Frank Jaromin, Public Works Director, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to 1) approved the paving option of
Concrete, 2) enter into a contract agreement with JRJ Paving, regarding the construction services for the Prosper
Road Improvement Project 2007 and 3)approved a resolution authorizing the Town Manager to execute the same.
Motion approved 7-0.
11. Hear and act upon a presentation of committee's report on life insurance for certain Police
Department employees. (KC)
Mayor Pro-Tern Bristol gave the council the committee's report on the life insurance issue.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Smith to raise the pay October 1 in an amount
equivalent to the premium payment ($3,456 annually), the Town issue 1099s to the two employees, the Town pay
for all state and federal taxes for the policies, and the Town pay any penalties or interest owed for the policies.
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Motion approved 6-1. Councilmember Wadsworth voted"no."
EXECUTIVE SESSION
12. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit:
a. Section 551.087 to discuss economic development negotiations for the Custer Retail Project.
b. Section 551.087 to discuss economic development negotiations for the Blue Star Project.
c. Section 551.071 to meet 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 the Bradford Farms/Steeplechase drainage issue.
Motioned by Mayor Pro-Tem Turley, seconded by Councilmember Dugger to recess into closed session.
Motion approved 7-0.
Council recessed into closed session at 7:38 p.m.
13. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 8:27 p.m.
14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Councilmember Wadsworth directed staff to have a representative from the Chamber of Commerce at the next
regular Town Council meeting to discuss the EDC appointment.
15. Adjourn.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to adjourn.
Motion approved 7-0.
The meeting was adjourned at 8:30 p.m.
Attest:
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Town Secretary
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