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08.14.2007 Town Council Minutes : MINUTES it' Regular Meeting of the Prosper Town Council Prosper Middle School -Library TOWN O F 605 E. Seventh Street, Prosper,Texas SPE‘ R Tuesday,August 14, 2007 at 6:00 p.m. 1. Call to Order/Roll Call. The meeting was called to order at 6:10 p.m. Roll call was taken by the Town Secretary. Council present included: Mayor Charles Niswanger, Mayor Pro-Tern David Bristol, Deputy Mayor Pro-Tem Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and Ray Smith. Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Chris Copple, Senior Planner; Wade Harden, Senior Planner; Dan Tolleson, Executive Director of the Economic Development Corporation; Kevin Carruth, Interim Town Manager; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Mayor Niswanger thanked Interim Town Manager Kevin Carruth for his work over the last few months. Mayor Niswanger introduced Mike Land,the Town's first Town Manager. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • July 2,2007—Special Town Council Meeting • July 3,2007—Special Town Council Meeting • July 9,2007—Special Town Council Meeting • July 24,2007—Regular Town Council Meeting ORDINANCES,RESOLUTIONS,AND AGREEMENTS b. An update on the Town's sports fields and/or the construction of future sports fields. (CC) c. Consider and act upon an ordinance rezoning 24.3± acres 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) Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Drown to remove items 4d and 4e from the consent agenda. Motion approved 7-0. Page 1 of 4 Motioned by Mayor Pro-Tern Bristol, second by Councilmember Dugger to approve the balance of the consent agenda subject to staff recommendations. Motion approved 7-0. d. Consider and act upon 1) approval of a letter of agreement relating to park improvement fees and requirements within the Village at Prosper Trail, Phase 1 subdivision and 2) adopt a resolution authorizing the Town Manager to execute the same. (CC) e. Consider and act upon 1) approval of a letter of agreement relating to park improvement fees and requirements within Glenbrooke Estates, Phase 1 subdivision and 2) adopt a resolution authorizing the Town Manager to execute the same. (11W) Mayor Pro-Tem Bristol requested these two items be removed from the consent agenda because he had some questions regarding the pricing discrepancies for the hike and bike trails between the two items. Bristol also noted some grammatical errors in the letters of agreement. Motioned by Mayor Pro-Tern Bristol, seconded by Deputy Mayor Pro-Tem Turley to approve items 4d and 4e with the grammatical changes. - Motion approved 7-0. CITIZEN'S COMMENTS 5. Other Comments by the Public. There were no comments by the public. REGULAR AGENDA DEPARTMENT ITEMS 6. Discuss appointment process for vacancies on the Prosper Economic Development Corporation. (KC) Councilmember Wadsworth gave council background information on this item. Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve Bob Luckock as the Chamber of Commerce representative on the Economic Development Board and Councilmember Ray Smith as the Town Council representative on the Economic Development Board. Motion approved 7-0. 7. Consider and act upon 1) approval of the Town of Prosper Parks, Recreation, and Open Space Master Plan and 2) adopt a resolution authorizing the Town Manager to execute the same. (CC) Chris Copple, Senior Planner, gave council background information on this item. Trent Lewis,Jeff Stang, and Rick Wieland addressed the council on this item. Each councilmember gave detailed descriptions of their thoughts on the Plan as it was presented. Council directed staff to make the recommended changes and bring the item back on the August 28th Town Council Meeting. Page 2 of 4 Motioned by Mayor Niswanger, seconded by Councilmember Smith to table the item until the August 28, 2007 Town Council Meeting. Motion approved 7-0. 8. Consider and act upon 1) approval of an Engineering Services Agreement with Dowdey, Anderson & Associates, Inc., regarding the Prosper Trail Culvert Extension & Drainage Channel Improvements and 2) adopt a resolution authorizing the Town Manager to execute the same. (HW) Hulon Webb, Director of Development Services, gave council background information on this item. Chris Blair and Ed Faulkner addressed council regarding this item. Motioned by Councilmember Smith, second by Deputy Mayor Pro-Tem Turley to 1) approve an Engineering Services Agreement with Dowdey, Anderson & Associates, Inc., regarding the Prosper Trail Culvert Extension & Drainage Channel Improvements and 2)adopt a resolution authorizing the Town Manager to execute the same. Motion approved 7-0. 9. Consider and act upon an ordinance establishing a municipal drainage utility system. (HW) Hulon Webb, Director of Development Services, gave council background information on this item. Chris Blair addressed council regarding this issue. Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Wadsworth to adopt an ordinance establishing a municipal drainage utility system. Motion approved 6-1 with Councilmember Drown abstaining. 10. Consider and act upon a proposed tax rate for FY 2007-2008. (KC) Ron Butler, Business Manager, gave council background information on this item. Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tern Bristol to set the tax rate for FY 2007- 2008 as $.52. Motion approved 7-0. 11. Consider and act upon a schedule for public hearings on the proposed tax rate. (KC) Ron Butler, Business Manager, gave council background information on this item. Motioned by Councilmember Dugger, seconded by Councilmember Drown to set the dates of the public hearings for August 28, 2007 and September 4, 2007 at the Prosper Middle School Library. Motion approved 7-0. EXECUTIVE SESSION 12. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: a. Section 551.072 to deliberate the purchase,exchange, lease,or value of real property. Page 3 of 4 b. Section 551.071 consultation with Town Attorney to discuss a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act regarding: i. Bradford Farms/Steeplechase issue ii. Mahard Ranch/Forrest City project Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to recess into closes session. Motion approved 7-0. Council recessed into closed session at 8:00 p.m. 13. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Councilmember Smith, seconded by Councilmember Drown to reconvene into regular session. Motion approved 7-0. Council reconvened into regular session at 9:17 p.m. 14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Mayor Pro-Tem Bristol asked that the smoking ordinance be brought back to council. 15. Adjourn. Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tern Turley to adjourn. Motion approved 7-0. The meeting was adjourned at 9:20 p.m. Attest: Am ramir ;�„P'S, atthew D. Denton, TRMC Charles Niswanger, Mayor Town Secretary ```,1tt1111///// s s 4 rr � $yam Page 4 of 4