07.27.2010 Town Council Minutes1.
Call to Order / Roll Call.
The meeting was called to order at 6:02 p.m.
Roll call was taken by Mavor Smith.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, July 27, 2010 at 6:00 p.m.
Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor Pro -Tem Meigs
Miller, Dave Benefield, and Jason Dixon.
Staff present included: Mike Land, Town Manager, Hulon Webb, Director of Development Services, Chris
Copple, Senior Planner, Matthew Garrett, Finance Director, Wade Harden, Senior Planner, and Matthew Denton,
Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor Frank Drenner, Prosper United Methodist Church.
Mayor Smith led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• July 13, 2010 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
C. Consider and act upon an ordinance amending Chapter 4, Section 8 of the Zoning Ordinance,
regarding paving material requirements for non-residential development. (Z10-0007). (CC)
d. 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(13)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan. (CC)
f. Consider and act upon a resolution designating the Town Manager as the project
official/representative to act on behalf of Town in dealing with Texas Parks and Wildlife Department
(TPWD) for the purpose of participating in the TPWD Outdoor Recreation Grant; and authorizing
the submittal of a grant application for program assistance. (WH)
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FINANCIALS
g. Consider and act upon the financial statements ending June 30, 2010. (MG)
Motioned by Mayor Pro -Tem Dugger, seconded by Deputy Mayor Pro -Tem Miller to approve the consent agenda
items a, c, d, f, and g.
Motion approved -0.
b. Consider and act upon an ordinance amending the Town's Thoroughfare Plan (Section 13 of the
Town's Comprehensive Plan. (CA10-0001). (CC)
Jim Williams, 5400 Dallas Pkwy, Frisco, spoke in opposition to this item.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Benefield to approve item 4b.
Motion approved -0.
e. Consider and act upon an ordinance amending Ordinance No. 04-118, Section 3(B), providing for the
Regulation of Weeds, Rubbish, Brush, and Other Objectionable, Unsightly, or Unsanitary Matter.
(TE)
Deputy Mayor Pro -Tem Miller asked questions regarding this item.
Motioned by Mayor Pro -Tem Dugger, seconded by Deputy Mayor Pro -Tem Miller to approve item 4e.
Motion approved -0.
CITIZEN'S COMMENTS
5. Other Comments by the Public.
Rick Meyer, 5903 Custer, addressed the council regarding the address of his business on Custer Rd.
REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 1.3± acres, located on the west side of
Hays Road, 400± feet south of High Point Drive, from Office (0) to Retail (R). (Z10-0005). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Miller, seconded by Councilmember Dixon to open the public hearing.
Motion approved -0.
Mayor Smith opened the public hearing at 6:32 p.m.
Jonathan Potter, 1049 N. Preston Rd. 460, spoke in favor of the rezoning.
Fatima Jan, owner representative, spoke in favor of the rezoning.
Motioned by Deputy Mayor Pro -Tem Miller, seconded by Mayor Pro -Tem Dugger to close the public hearing.
Motion approved -0.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Dixon to approve the request to rezone 1.3±
acres, located on the west side of Hays Road, 400± feet south of High Point Drive, from Office to Retail.
Motion approved -0.
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DEPARTMENT ITEMS
7. Consider and act upon park dedication and park fee credits for Prosper Estates and Mansions multi-
family development. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Benefield to 1) accept $110,240 in park
dedication fees paid in lieu of land dedication; 2) approve a credit of $247,673 to Western Rim for the
improvements outlined in the staff report contingent upon the following: improvements being made public through
replatting the property; creating public access easements to encompass the improvements; require Western Rim to
construct Town approved parks sign at the trail head off of the Lakes of La Cima trail and off Coit Rd; and Western
Rim create a concrete sidewalk connection to the trail from Richland Blvd. to the south; and 3) accept $217,327 in
park improvement fees.
Motion approved -0.
EXECUTIVE SESSION
8. 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 Dixon to recess into closed session.
Motion approved -0.
Council recessed into closed session at 7:05 p.m.
9. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Dixon to reconvene into regular session.
Motion approved -0.
Council reconvened into regular session at 7:14 p.m.
10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Council directed staff to bring back the Thoroughfare Plan issue brought up by Jim Williams.
11. Adjourn.
Motioned by Councilmember Dixon, seconded by Mayor Pro -Tem Miller to adjourn.
Motion approved -0.
Mayor Smith adjourned the meeting at 7:17 p.m.
Attest:
Matthew D. Denton, TRMC
Town Secretary
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Ray Smith, Mayor