01.01.2011 Town Council Minutes1
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TOWN OF
P
SPER
Call to Order / Roll Call.
The meeting was called to order at 6:0 p.m.
Roll call was taken by Mayor Smith.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, January 11, 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; Matthew Garrett, Finance Director; Wade Harden, Senior Planner;
Bryan Ausenbaugh, Fire Marshall; Ronnie Tucker, Fire Chief, Kirk McFarlin, Police Chief; Gary McHone,
Assistant Police Chief; and Matthew Denton, Town Secretary.
2. Invocation, Pledge of Allegiance to the United States Flag, and Salute to the Texas Flag.
The Invocation was given by Pastor Frank Drenner, Prosper United Methodist Church.
Mayor Smith led the Pledge of Allegiance and Salute to the Texas Flag.
3. Announcements of dates and times of upcoming community events.
Hulon
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
December 14, 2010 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS,
b. Consider and act upon an ordinance rezoning 24.5± acres, located on the north side of Fishtrap
Road, 500± feet east of F.M. 1385, from Agricultural (A) to Planned Development -Retail (PD-
R). (Z10-0019). (CC)
C. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the
Planning & Zoning Commission on any site plan or preliminary site plan. (CC)
d. Consider and act upon approval of the changes to the Statement of Work and Contract with
L3 Communications. (GM)
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Matt Robinson, 10950 Research Road, spoke in favor of the ordinance.
Cleburne Smith, 5400 Dallas Pkwy, spoke in favor of the ordinance.
Aaron Ketchings, Forest City, spoke in favor of the ordinance.
Motioned by Deputy Mayor Pro -Tem Miller, seconded by Councilmember Dixon to close the public hearing.
Motion approved 7-0.
Mayor Smith closed the public hearing at 6:38 p.m.
Motioned by Councilmember Dixon, seconded by Councilmember Wilson to approve the ordinance with
changing the 25' setback to 60' setback.
Motion failed 2-5 with Mayor Smith, Mayor Pro -Tem Dugger, Deputy Mayor Pro -Tem Miller,
Councilmember Benefield, and Councilmember Vestal voting "no."
Motioned by Mayor Pro -Tem Dugger, seconded by Mayor Smith to amendment to Sections 10.5 (Sidewalks)
and 10.13 (Thoroughfare Screening) of the Town's Subdivision Ordinance with changing 3 months to 6
months on the planting requirements.
Motion approved 4-3 with Councilmembers Benefield, Wilson, and Dixon voting "no."
DEPARTMENT ITEMS
9. Consider and act upon 1) an award of bid to Superior Land Care regarding maintenance of
the Community Park, and 2) adopt a resolution authorizing the Town Manager to execute the
same. (WH)
Wade Harden, Senior Parks and Recreation Planner, gave council background information on this item.
Sean Clayton, Superscapes, answered questions for council.
Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Dugger to approve item 9.
Motion approved 7-0.
10. Consider and act upon 1) a change order 41 to Core Construction, Inc. for additions to the
Community Park, and 2) a resolution authorizing the Town Manager to execute the same.
(WE)
Wade Harden, Senior Parks and Recreation Planner, gave council background information on this item.
Tim Erickson, Core Construction, answered questions for council.
Motioned by Councilmember Wilson, seconded by Councilmember Vestal to approve the change order #1 to
Core Construction, Inc, excluding item #15 (Security Camera System), and adopt a resolution authorizing the
Town Manager to execute the same.
Motion approved 7-0.
11. Consider and act upon an amendment to Ordinance 02-33 establishing an athletic field user
fee. (WH)
Wade Harden, Senior Parks and Recreation Planner, gave council background information on this item.
Motioned by Councilmember Wilson, seconded by Councilmember Dixon to amend Ordinance 02-33 (fee
schedule) as drafted, establishing Section 13 Athletic Field User Fees and waiving the $5 fee per PYSA,
PASO, and teams whose roster is comprised of 80% or more of PISD students for the Spring 2011 season.
Motion approved 7-0.
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12. Consider and act upon an amendment to the present Ordinance preventing persons who are
required to register as sex offenders, where the victim is a child less than eighteen (18) years of
age, from acquiring a residence within 1000 feet of areas where children gather and increase
the distance to 2000 feet. (KM)
Kirk McFarlin, Police Chief, gave council background information on this time.
Ann Lieber, 1190 Crooked Stick Dr., spoke in favor of the proposed ordinance.
Motioned by Councilmember Vestal, seconded by Councilmember Benefield to amend the Ordinance
preventing persons who are required to register as sex offenders, where the victim is a child under eighteen
(18) years of age, from acquiring a residence within 2000 feet of areas where children gather.
Motion approved 7-0.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
14. Adjourn.
Motioned by Mayor Pro -Tem Dugger, seconded by Deputy Mayor Pro -Tem Miller to adjourn.
Motion approved 7-0.
Mayor Smith adjourned the meeting at 8;15 p.m.
Matthew D. Denton, TRMC
Town Secretary
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Ray Smit), Mayor
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