03.08.2011 Town Council Minutes1
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OWN OF
SPER
1. Call to Order / Roll Call.
Mayor Ray Smith called the meeting to order at 6:01 p.m.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, March 8, 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; Hulon Webb, Director of Development Services; Chris Copple,
Planning and Zoning Manager; Wade Harden, Senior Parks and Recreation 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 the Reverend Glen Gabbard, Christian Chapel Assembly of God.
3. Announcements of dates and times of upcoming community events.
None
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 22, 2011 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act on an Ordinance designating a Precinct for elections held in the Town of Prosper.
(ML)
C. Consider and act on a Resolution establishing Polling Places for elections held in the Town of Prosper.
(ML)
d. Consider and act upon an Ordinance calling for the Charter Amendment Election on May 14, 2011.
(ML)
e. Consider and act upon an Ordinance amending Section 8 (Domestic Use) of Ordinance No. 06-109
(Regulation of Water Wells). (WS)
f. Consider and act upon a budget amendment to Parks and Recreation Budget. (WH)
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g. Consider and act upon a Resolution amending Resolution No. 11-017 calling the General Election on
May 14, 2011 to correct times for early voting. (ML)
h. Consider and act upon a Resolution amending Resolution No. 11-019 calling the Bond election on May
14, 2011 to correct times for early voting. (ML)
Motion made by Council Member Vestal to approve all items on the consent agenda; second by Mayor Pro -Tem
Dugger.
Motion Approved 7-0.
FINANCIALS
g. N/A
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.
There were no comments by the Public.
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 items will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council )
PUBLIC HEARINGS
Motion made by Mayor Pro -Tem Dugger to open the public hearing; second by Council Member Wilson.
Motion approved 7-0.
Council Members Vestal and Benefield recused themselves at 7:15 p.m.
6. A public hearing to consider and act upon an ordinance to revise the Town's Municipal Drainage Utility
System Fee Schedule. (HW)
Hulon Webb, Town Engineer and Director of Development Services, stated that while the Local Government Code
requires certain properties to be exempted from the fees, others (churches, Town, and public schools) may be
exempted if decided upon by the municipality.
Due to the receipt of several requests for exemption, Town Staff recommended that the Town Council discuss the
proposed ordinance revising the current Drainage Utility System Fee Schedule.
Chris Blair, 841 Sibyl Lane, Prosper, TX asked Council to clarify whether the ordinance would revise the rates and
who would be exempt. Mayor Smith clarified that the issue only concerned whether or not to exempt the Prosper ISD
and/or local churches.
Dr. Drew Watkins, Prosper ISD, PO Box 100, Prosper, TX, addressed the Council and asked them to exempt the PTSD
from the fees.
Motion by Deputy Mayor Pro -Tem Miller to close the public hearing. Second by Mayor Pro -Tem Dugger.
Motion approved 5-0.
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The Council discussed the pros and cons of exempting the PTSD and/or local churches. Discussion items were the
potential cut in state funding for the PISD and wanting to be good neighbors to the PTSD and local churches.
Motion made by Deputy Mayor Pro -Tem Miller to approve a 100% exemption from the fee for both the Prosper ISD
and local churches; Second by Council Member Wilson.
Motion approved 5-0
Council Members Vestal and Benefield returned to the meeting at 7:23 p.m.
7. A public hearing to consider and act upon a request to rezone 5.2± acres, located on the south side of
First Street, 800± feet east of Dallas Parkway (430 Business Drive Park), from Agricultural (A) to
Commercial (C). (Z11-0001). (CC)
Motion made by Council Member Vestal to open the public hearing; second by Council Member Benefield.
Motion approved 7-0.
There were no comments from the public.
Motion made by Deputy Mayor Pro -Tem Miller to close the public hearing; second by Council Member Wilson.
Motion approved 7-0.
Chris Copple, Planning and Zoning Manager, summarized the request and background information. Staff received
two public hearing notice reply forms, neither in opposition to the request. Staff recommended that Town Council
approve the request to rezone 5.2± acres, located on the south side of First Street, 800± feet east of Dallas Parkway
(430 Business Drive Park), from Agricultural (A) to Commercial (C).
Motion made by Deputy Mayor Pro -Tem Miller; second by Council Member Wilson to approve item 7.
Motion approved 7-0.
DEPARTMENT ITEMS
Consider and act upon the appointment of members to the Capital Improvements Advisory Committee.
(CC)
Chris Copple, Planning and Zoning Manger, informed Council the Town is required to appoint a Capital
Improvements Advisory Committee (CIAC) in compliance with Chapter 395 of the Texas Local Government Code.
The suggested (CIAC) members are:
I _ Kenneth Dugger - Town Council Member
2. Mark DeMattia — Planning & Zoning Commission Member
3. Mike McClung — Planning & Zoning Commission Member
4. Joey Womble — Chamber of Commerce President
5. Kevin Drown — Economic Development Corporation Board Member
6. Jordan Simms - Economic Development Corporation Board Member
7. Bruce Carlin — Resident of Preston Lakes.
Motion made by Deputy Mayor Pro -Tem Miller to appoint the above listed individuals to the CIAC; second by
Council Member Benefield.
Motion approved 7-0.
9. Consider and act upon 1) a professional services agreement between the Town of Prosper and Freese &
Nichols, Inc. regarding the update of the Town's Comprehensive Plan and 2) a resolution authorizing
the Town Manager to execute the same. (CC)
On February 10, 2011, Town Council directed Staff to begin the process of updating the Town's Comprehensive Plan.
Town staff negotiated a contract with Freese & Nichols, Inc., in the amount of $92,500.
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Eddie Haas, Freese & Nichols, made a presentation on the services that would be provided and the anticipated date of
completion.
Town Council had several questions, including project completion date and the frequency at which updates would be
received. Town staff recommended Council approve: 1) a professional services agreement between the Town of
Prosper and Freese & Nichols, Inc., and 2) a resolution authorizing the Town Manager to execute the same.
Motion made by Mayor Pro -Tem Dugger to approve the agreement and a resolution authorizing the Town Manager to
execute the contract; second by Council Member Wilson.
Motion approved 7-0.
10. Consider and act upon a Resolution appointing the Board of Directors of the Prosper Tax Increment
Financing Reinvestment Zone No. 1. (ML)
TIRZ No. I refers to the zone created for the Blue Star/Gates of Prosper TIRZ, created in 2008. A resolution is needed
to appoint the Mayor and Council Members to places I through 7 on the Board of Directors of TIRZ No. 13 (delete
comma) and to outline their terms on the Board.
Town staff recommended the Council approve the Resolution appointing the Mayor and Council Members to the
Board of Directors of the Prosper TIRZ No. 1.
Motion made by Mayor Pro -Tem Dugger to approve the Resolution; second by Deputy Mayor Pro -Tem Miller.
Motion approved 7-0.
EXECUTIVE SESSION
Mayor Ray Smith recused himself from the Executive Session
Motion made by Mayor Pro -Tem Dugger to recess into Closed Session; second by Deputy Mayor Pro -Tem Miller.
Motion approved 6-0.
Council recessed into Closed Session at 6:04 p.m.
11. Recess into Closed Session in compliance with §551.001, et. seq., Texas Government Code, to wit;
Receive general legal advice regarding Town -initiated rezoning of 244.91 acres, located on the west
side of Legacy Drive, 1,0001 feet north of Fishtrap Road, from Planned Development -14 -Single
Family Village A (PD -14) to Single Family -10 (SF -10). (Z11-0002)
Motion made by Mayor Pro -Tem Vestal to reconvene into Regular Session; second by Council Member Dixon.
Motion approved 6-0.
Regular Session reconvened at 7:11 p.m.
Mayor Smith rejoined the Regular Session.
12. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
No action was taken as a result of the Closed Session.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
14. Adjourn.
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Motion made by Mayor Pro -Tem Dugger to adjourn; second by Deputy Mayor Pro -Tem Miller.
Motion approved 7-0.
Mayor Smith adjourned the meeting at 8:01 p.m.
Attest: • i
Karen S. Gill
Interim Town Secretary
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Mayor �ay Smith