05.24.2011 Town Council Minutes1,,""
OWNOPS PE" R
Prosper is a place where everyone matters.
Call to Order / Roll Call.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 24, 2011 at 6:00 p.m.
Deputy Mayor Pro Tem Kenneth Dugger called the meeting to order at 6:03 p.m.
Council present included: Mayor Pro -Tem Kenneth Dugger, Deputy Mayor Pro -Tem Meigs Miller, Dave Benefield,
David Vestal, Curry Vogelsang Jr. and Jason Dixon.
Council Member(s) absent: Mayor Ray Smith, Danny Wilson
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary, Hulon Webb, Director of
Development Services; Chris Copple, Planning & Zoning Manager
Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
The invocation was given by Council Member David Vestal. The pledge of allegiance and pledge to the Texas Flag
was given.
3. Mayor Pro Tem Dugger presented a proclamation recognizing the Prosper Eagle Boys Golf Team for winning
the 2011 State Championship at the 3A State Golf Tournament in Austin, TX. The Team was present to accept this
award.
CANVASS OF ELECTION AND INAUGURATION OF OFFICIALS
5. Considered Resolution No. 11-45, Canvassing the May 14, 2011 Bond Election. Mayor Pro Tem Dugger read
the official tabulation results for Propositions 1-5, noting these propositions passed due to a majority vote. Council
Member Vestal moved to approve Resolution No. 11-45, Canvassing the May 14, 2011 Bond Election. Motion
seconded by Council Member Benefield. Motion approved by vote of 5-0.
4. Considered Ordinance No. 11-44, Canvassing the May 14, 2011 General and Special Election results. Mayor
Pro Tem Dugger read the official tabulation results for the General Election declaring Curry Vogelsang Jr.
as Town Council Member Place 3 and Danny Wilson as Town Council Member Place 5. Mayor Pro Tem Dugger read
the official tabulation for the Special Election Propositions 1-22 noting that all received a majority of the votes
approving each amendment.
Council Member Benefield moved to approve Ordinance No. 11-44, Canvassing the May 14, 2011 General and
Special Election results. Motion seconded by Council Member Dixon. Motion prevailed by vote of 5-0.
Mayor Pro Tem Dugger presented outgoing Council Member David Vestal a certificate of appreciation for his three
years of service as Town Council Member Place 3. David thanked the voters, staff and Council for their support.
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7. Municipal Judge David P. Moore gave Curry Vogelsang, Jr. his Statement of Elected Appointed Office and
Oath of Office.
6. Mayor Pro Tem Dugger presented the Certificate of Election to Curry Vogelsang, Jr.
8. Considered and acted upon the appointment of a Mayor Pro -Tem and Deputy Mayor Pro -Tem
Deputy Mayor Pro Tem Miller moved to appoint Kenneth Dugger as Mayor Pro Tem. Motion seconded by Council
Member Dixon. Motion prevailed by vote of 5-0.
Council Member Benefield moved to appoint Meigs Miller as Deputy Mayor Pro "Tem. Motion seconded by Council
Member Dixon. Motion prevailed by vote of 5-0.
PRESENTATIONS
9. Building Official Wayne Snell recognized of Mark Covington of Drees Homes as the recipient of the Building
Inspection's 2010 Builder of the Year Award and of Gary Castleberry with Dave R. Williams Homes as First Runner -
Up and Brian Boyd with Highland Homes as Second Runner -Up of the Award.
10. Update from Weir Brothers on the status and projected completion of Prosper Trail and update on construction
schedule for First Street and Coit Road was given. Director of Development Services Hulon Webb briefed Council
Members on the history of the project,
CONSENT AGENDA — ORDINANCES. RESOLUTIONS AND AGREEMENTS
(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.)
11. Consent Agenda — Council Member Dixon requested Agenda Item (C) be pulled off the Consent Agenda to
allow for discussion.
MINUTES
a. Considered and acted upon minutes from the following Council meetings.
• May 10, 2011 —Regular Town Council Meeting
ORDINANCES, RESOLUTIONS AND AGREEMENTS
b. Considered and acted upon the Financial Statements ending April 30, 2011.
d. Considered and acted upon Ordinance No. 11-45, rezoning 11.3± acres, located on the southeast corner of
Dallas Parkway and First Street, from Commercial Corridor (CC) to Commercial (C). (Z11-0006).
Council Member Miller moved to approve Consent Items l la, l lb and 1 I as presented. Motion seconded by Council
Member Dixon. Motion approved by vote of 5-0.
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c. Considered and acted upon the appointment of Dr. Michael Goddard to the Comprehensive Plan Advisory
Committee.
Council Member Dixon moved to appoint Dr. Michael Goddard and Deputy Mayor Pro Tem Meigs Miller to the
Comprehensive Plan Advisory Committee. Motion seconded by Council Member Benefield. Motion approved by
vote of 5-0.
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.)
12. Other Comments by the Public — There were no citizens present that wished to speak.
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.)
DEPARTMENT ITEMS
13. Discuss the Town's Sign Ordinance. Planning and Zoning Manager Chris Copple briefed Council Members
regarding the current Sign Ordinance.
Bruce Carlin spoke regarding his concerns of the sign ordinance issues with Integrity Car Care and the static
display of vehicles with signage. He asked that Council consider taking away the ramp display.
After discussion, Council directed staff to check with local municipalities to review sign ordinance standards
and definitions.
14. Discuss the Commercial and Commercial Corridor zoning districts. Planning and Zoning Manager Chris
Copple briefed Council Members regarding the uses not permitted in the Commercial Corridor District, the
permitted uses, definitions of land and building uses, a commercial zoning map, and comprehensive plan map.
Mayor Pro Tem suggested waiting until the Comprehensive Plan Review Committee has completed their
review before making any changes to the zoning districts.
The Executive Session was pulled from the agenda and no action was taken.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; and
Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney
under the Texas Disciplinary rules of Professional Conduct of the State Bar of "Texas conflicts with the Open
Meetings Act regarding:
a. 551.087. Deliberation Regarding Economic Development Negotiations. Discuss and deliberate regarding
commercial or financial information that the Town Council has received from a business prospect that the
governmental body seeks to have locate, stay or expand in or near the Town of Prosper and with which the
Town Council is conducting economic development negotiations and/or to deliberate the offer of a
financial or other incentive to a business prospect described herein.
b. To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
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15. Adjournment- Deputy Mayor Pro Tem Meigs Miller moved to adjourn the meeting. Motion seconded by
Council Member Benefield. Motion approved by vote of 5-0. The meeting adjourned at T05 p.m.
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