05.25.2010 Town Council Minutes1.
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 25, 2010 at 6:00 p.m.
The meeting was called to order at 6:01 p.m.
Roll call was taken by Mavor Smith.
Council present included: Mayor Ray Smith, Deputy Mayor Pro -Tem Kenneth Dugger, Dave Benefield,
David Vestal, Meigs Miller, and Jason Dixon.
Staff present included: Mike Land, Town Manager, Hulon Webb, Director of Development Services, Amy
Lightfoot, Court Clerk, Chris Copple, Senior Planner, Kirk McFarlin, Police Chief, Frank Jaromin, Public
Works Director, and Matthew Denton, Town Secretarv.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor Justin Howe, First Baptist Church Prosper.
Mayor Smith led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Matthew Denton, Town Secretary, announced a special meeting on June 1, 2010 for the Denton County
involuntary annexations.
4. Administer Oath and Issuance of Certificate of Election to Dave Benefield, Councilmember
Place 1. (MD)
Matthew Denton, Town Secretary, administered the Oath to Dave Benefield.
CONSENT AGENDA
5. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• May 11, 2010 — Town Council Meeting
• May 17, 2010 — Special Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. 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)
Page 1 of 3
C. Consider and act upon an Interlocal Agreement between the Town of Prosper and the City of
Frisco for a deputy court clerk to cover court services for the Court Administrator for out of
town training and vacation needs. (AL)
d. Consider and act upon a resolution appointing the Municipal Judge. (AL)
e. Consider and act upon a request from Justin Kouba to permit a variance to the Town's Noise
Ordinance No. 06-47, allowing for the use of loudspeakers and sound amplifiers from 6 p.m. to
9 p.m. on Wednesday, May 26, 2010 at 208 W. Broadway at Prestonwood Baptist North during
the Summer Bash. (GM)
FINANCIALS
f. Consider and act upon the financial statements ending April 30, 2010. (MG)
Motioned by Mayor Pro -Tem Dugger, seconded by Deputy Mayor Pro -Tem Miller to approve the consent
agenda.
Motion approved 6-0.
CITIZEN'S COMMENTS
6. Other Comments by the Public.
Chris Blair, 841 Svbil Ln, invited the council to the UTRWD informational breakfast to be held on July_ 14,
2010.
REGULAR AGENDA
DEPARTMENT ITEMS
7. Consider and act upon the appointment of a Mayor Pro -Tem and Deputy Mayor Pro -Tem.
(MD)
Motioned by Councilmember Vestal to appoint Kenneth Dugger as Mayor Pro -Tem.
Motion approved 6-0.
Motioned by Mayor Pro -Tem Dugger to appoint Meigs Miller as Deputy Mayor Pro -Tem.
Motion approved 6-0.
8. Consider and act upon a request to reestablish residential nonconforming rights at 209 South
Church Street, pursuant to Chapter 1, Section 7 of the Zoning Ordinance. (WS)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Miller, seconded by Mayor Pro -Tem Dugger to approve the request to
reestablish a single family residential use at 209 South Church Street, pursuant to Chapter 1, Section 7.3(E)
of the Zoning Ordinance subject to:
1. The property owner receiving a Certificate of Occupancy (nonconforming) from the Building
Official, which includes passing all required inspections.
Motion approved 6-0.
Page 2 of 3
9. Consider and act upon approving the purchase of 23.140 acres of real property from the
Prosper Independent School District (PISD) for the extension of the Community Park and
authorizing the Town Manager to execute any and all documents necessary for the purchase
thereof. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Mayor Pro -Tem Dugger, seconded by Deputy Mayor Pro -Tem Miller to approve the purchase
of 23.140 acres of real property from the Prosper Independent School District (PISD) for the extension of the
Community Park and authorize the Town Manager to execute any and all documents necessary for the
purchase.
Motion approved 6-0.
10. Discuss and appoint members of the Council to the Finance, Utility, and Economic
Development Committees. (ML)
Councilmembers Benefield, Dugger, and Mayor Smith were appointed to the Finance/Utility Committee.
EXECUTIVE SESSION
11. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code
to wit: Section 551.074 to deliberate regarding personnel matters.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 6:21 p.m.
12. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Councilmember Vestal, seconded by Deputy Mayor Pro -Tem Miller to reconvene into open
session.
Motion approved 6-0.
Council reconvened into regular session at 6:55 p.m.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
14. Adjourn.
Motion by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to adjourn.
Motion approved 6-0.
Mayor Smith adjourned the meeting at 6:56 p.m.
Attest:
Matthew D. Denton, TRMC
Town Secretary
Page 3 of 3
Ray Smith, Mayor