02.22.2011 Town Council MinutesL
ON OF
PPER.
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1. Call to Order / Roll Call.
The meeting was called to order at 6:00 p.m.
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MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 22, 2011 at 6:00 p.m.
Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Dave Benefield, David
Vestal, Danny Wilson, and Jason Dixon.
Staff present included: Mike Land, Town Manager; Rulon Webb, Director of Development Services; Chris
Copple, Planning and Zoning Manager; Wade Harden, Senior Planner; and Karen Gill, Assistant to the Town
Manager and Interim Town Secretary.
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
The invocation was given by Robin Bolden, Lonestar Christian Fellowship.
3. Announcements of dates and times of upcoming community events.
Police Chief McFarlin introduced Sergeant Paul Norris, who had recently been promoted to that position. Hulon
Webb announced a ribbon -cutting ceremony at the new park, and Wade Harden added that it also kicks off the soccer
season.
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. (KG)
• February 8, 2011 — Town Council Meeting
• January 25, 2011 — Executive Session Agenda
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon an Ordinance setting the hours of a Juvenile Curfew. (KM)
C. Consider and act upon a Resolution amending Resolution 11-013, calling the General Election on May
14, 2011. (ML)
d. Consider and act upon a Resolution approving the Prosper Economic Development Corporation's
Performance Agreement with Precision Landscaping Management, L.P. (ML)
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FINANCIALS
e. Consider and act upon the financial statements ending January 31, 2011. (MG)
Motion by Councilmember Miller to approve, seconded by Councilmember Benefield.
Motion approved 7-0.
CITIZEN'S 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. Other Comments by the Public,
Mr. James Hodges, 720 Trail Drive, Prosper, TX. spoke to Council regarding the erosion of his property around a
creek. The creek has a culvert, which had been improved by the 'Town. There is an eddy created that is eroding his
property. Hulon Webb, Director of Development Services and Town Engineer, stated that the Town would review the
situation and contact Mr. Hodges,
REGULAR AGENDA
(ft'N ou 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 items will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS
6. A public hearing to consider, act upon, and adopt an ordinance to rezone 244.9± acres, located on the
west side of Legacy Drive, 1,000} feet north of Fishtrap Road, from Planned Development -14 -Single
Family Village A (PD -14) to Single Family -10 (SF -10), (Z11-0002) (CC)
Mayor Smith recused himself at 6:54 p.m.
Richard Abernathy, Town Attorney, suggested that the Council table the rezoning and continue the Public Hearing
until the March 22, 2011 Council Meeting. He also suggested that, in the interim, members of Council and Town
Staff meet with the landowner to discuss changes to the planned development.
Motion by Councilmember Vestal to open the Public Hearing, seconded by Councilmember Dixon. Public Hearing
opened at 6:56 p.m.
Art Anderson, 1201 Elm Street, Dallas, TX, stated that his client Wells Fargo, the landowner, is willing to meet with
Town representatives to discuss changes to the planned development. He went on to state that Wells Fargo has
submitted a letter of objection to the rezoning. and submitted a preliminary plat for the property.
Council directed Councilmembers Jason Dixon and Danny Wilson to represent the Town in the discussions with the
landowner.
Councilmember Vestal made a motion to table the item and continue the Public Hearing until the March 22, 2011
.Council Meeting. Seconded by Councilmember Dixon.
Motion approved 6-0.
Mayor Smith rejoined the session at 6:59 p.m
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DEPARTMENT ITEMS
7. Consider and act upon a Resolution calling for the Bond Election on May 14, 2011. (ML)
Motion by Councilmember Miller to approve a Resolution calling for the Bond Election on May 14, 2011; seconded
by Mayor Pro -Tem Dugger.
Motion approved 7-0.
8. Consider and act upon the Charter Commission's proposed amendments to the Town Charter and
ordering any additional amendments of the Town Council. (ML)
Barbara Newell, 1641 Highland Meadows Court, Prosper, TX, requested that the Council reconsider and accept the
Charter Commission's recommendation regarding Mayor and Council term limits.
Motion by Councilmember Miller to approve the Charter Commission's recommendations as stated, except for
sections 3.02, 3.06, 9.02, 9.04, and 15.01, to be voted on individually by the Council. Seconded by Councilmember
Vestal.
Motion approved 7-0.
Motion by Councilmember Miller to approve the Council -amended Section 3.02, changing from two (2) consecutive
elected terms to three (3) consecutive terms for Council members and the Mayor with a combined consecutive service
not to exceed eighteen (18) years, not the twelve (12) years as recommended by the Commission. Motion by Miller to
also amend the last paragraph to reflect the change to three (3) consecutive terms, not the two (2) consecutive terms as
recommended by the Commission. Seconded by Dixon.
Motion approved 7-0.
Motion by Councilmember Miller to approve the Council -amended Section 3.06, stating that if any member of the
Town Council is absent from three (3) consecutive meetings, or twenty-five percent (25%) of regularly scheduled
meetings during the twelve-month (12 -month) period immediately preceding and including the absence in question
(the 12 -month period), without explanation acceptable to a majority of the remaining members of the Town Council,
his or her office shall be declared vacant at the next regular meeting of the Town Council by resolution. The 12 -month
period shall not begin until June 1, 2012. Seconded by Mayor Pro -Tem Dugger.
Motion approved 7-0.
Motion by Councilmember Miller to approve the Council -amended Sections 9.02 and 9.04, to read that it only takes
the affirmative vote of a majority of the Town Council present to overrule a denial recommendation of the Planning
Commission. Seconded by Councilmember Wilson.
Motion approved 7 -0 -
Motion by Councilmember Miller to approve the Council -amended Section 15.01, adding language that clarifies "or
earlier if not prohibited by" law regarding future Charter reviews. Seconded by Mayor Pro -Tem Dugger.
Motion approved 7-0.
9. Consider and act upon an Ordinance calling for the Charter Election on May 14, 2011. (ML)
Motion by Councilmember Miller to approve the Ordinance calling for the Charter Election on May 14, 2011 with the
change to Proposition 5 and the corresponding language in the actual proposition. Seconded by Councilmember
Wilson.
Motion approved 7-0.
10. Consider and act upon the naming of the Town Community Park. (WH)
Motion by Mayor Pro -Tem Dugger to approve the naming of the Town Community Park to "Frontier Park". Seconded
by Councilmember Benefield.
Motion approved 7-0.
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11. Consider and act upon a Resolution approving a Chapter 380 Economic Development agreement with
Precision Landscaping Management, L.P. (ML)
Motion by Mayor Pro -Tem Dugger to approve the Resolution approving the Chapter 380 Economic Development
agreement with Precision Landscaping Management, L.P... Seconded by Councilmember Miller.
Motion approved 7-0.
EXECUTIVE SESSION
12. Recess into Closed Session in compliance with §551.001, et. seq., Texas Government Code, to wit;
i. Receive general legal advice regarding Town -initiated rezoning of 244.9± acres, located on the west
side of Legacy Drive, 1,000± feet north of Fishtrap Road, from Planned Development -l4 -Single
Family Village A (PD -14) to Single Family -10 (SF -10). (Z11-0002)
Mayor Smith recused himself from the Executive Session.
Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Dugger to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 6:14 p.m.
13. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Motioned by Councilmember Miller, seconded by Councilmember Vestal to reconvene into regular session.
Motion approved 6-0.
Council reconvened into open session at 6:53 p.m.
Mayor Smith rejoined the session.
14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
15. Adjourn.
Motioned by Councilmember Miller, seconded by Councilmember Vestal to adjourn.
Motion approved 7-0.
Mayor Smith adjourned the meeting at 7:38 p.m.
Attest:
Karen S. Gill
Interim Town Secretary,"
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Ray SmiEh
Mayor