11.09.2010 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, November 9, 2010 at 6:00 p.m.
The meeting was called to order at 6:00 p.m.
Roll call was taken by Mavor Smith.
Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor Pro -Tem
Meigs Miller, Danny Wilson, and Jason Dixon.
Staff present included: Mike Land, Town Manager, Hulon Webb, Director of Development Services, Chris
Copple, Planning and Zoning Manager, Ron Butler, Comptroller, Michael Bulla, CIP Project Manager, and
Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor Jordan Bird, First Baptist Church Prosper.
Mayor Smith led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Deputy Mayor Pro -Tem Miller announced the bond survey on the Town's website.
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit;
551.072 to deliberate the purchase, exchange, lease or value of real property located at 611 Robison
Creek Drive.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to recess into closed session.
Motion approved -0.
Council recessed into closed session at 6:03 p.m.
Motioned by Mayor Pro -Tem Dugger, seconded by Deputy Mayor Pro -Tem Miller to reconvene into regular
session.
Motion approved -0.
Council reconvened into regular session at 6:13 p.m.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
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October 26, 2010 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon a resolution: 1) determining a public necessity to acquire, by purchase
or condemnation, real property located at 611 Robison Creek Drive for the construction of
Prosper Trail (Dallas North Tollway to Preston Road), 2) giving notice of an official
determination to acquire said property for the purposes set forth within and 3) authorizing the
Town Manager to establish procedures for acquiring the property by purchase or
condemnation. (HW)
C. Consider and act upon an ordinance rezoning 18.0± acres, located 1,000± feet north of Prosper
Trail and 100± feet west of Preston Road, amending Planned Development -31 (PD -31), Exhibit
C, Section 1.03(E) (Front Yard). (Z10-0017). (CC)
d. Consider and act upon an ordinance rezoning 133.1± acres, located on the north side of First
Street, 2,300± feet west of Custer Road, from Planned Development -9 (PD -9) to Planned
Development -Single Family (PD -SF). (Z10-0018). (CC)
e. Consider and act upon 1) an Agreement to Contribute Funds -Local Government between the
State of Texas, acting through the Texas Department of Transportation, and the Town of
Prosper, Texas for the acquisition of all necessary right of way and adjustment of utilities for
State Highway 289 between US 380 and FM 1461 and 2) adopt a resolution authorizing the
Town Manager to execute the same. (HW)
FINANCIALS
f. Consider and act upon the Town's quarterly investment report for the quarter ending
September 30, 2010. (MG)
Motioned by Deputy Mayor Pro -Tem Miller, seconded by Mayor Pro -Tem Dugger to approve the consent
agenda items 4a — 4f.
Motion approved -0.
CITIZEN'S COMMENTS
5. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 6.1± acres, located 1,100± feet
north of U.S. 380 and 1,800± feet east of Preston Road, to amend Planned Development -2 (PD -
2), Exhibit C, Section 2.06 (Thoroughfare Screening). (Z10-0016). (CC)
Chris Copple, Planning and Zoning Manager, gave council background information on this item.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Dixon to open the public hearing.
Motion approved -0.
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Mayor Smith opened the public hearing at 6:19.
Phil Jobe, property owner, answered questions for council.
George Dupont, 1400 Harvest Ridge Lane, spoke in favor of the rezoning request.
Motioned by Deputy Mayor Pro -Tem Miller, seconded by Councilmember Dixon to close the public hearing.
Motion approved -0.
Mayor Smith closed the public hearing at 6:28 p.m.
Motioned by Councilmember Dixon, seconded by Councilmember Wilson to approve item 6 as written.
Motion approved -0.
7. A public hearing to consider and act upon a request to rezone 0.4f acre, located on the
southwest corner of Coleman Street and Fifth Street (113 N. Coleman Street), from Single
Family -15 (SF -15) to Downtown Retail (DTR). (Z10-0015). (CC)
Chris Copple, Planning and Zoning Manager, gave council background information on this item
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to open the public hearing
Motion approved -0.
Mayor Smith opened the public hearing at 6:35 p.m.
Sherrie Williams, owner representative, answered questions for council.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to close the public hearing
Motion approved -0.
Mayor Smith closed the public hearing at 6:37 p.m.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Dugger to approve a request to
rezone 0.4± acre, located on the southwest corner of Coleman Street and Fifth Street (113 N. Coleman
Street), from Single Family -15 (SF -15) to Downtown Retail (DTR).
Motion approved -0.
8. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of
approximately 12.693 acres of land generally located north of First Street and 4300+ feet west
of Custer Road. (MD)
Matthew Denton, Town Secretary, gave council background information on this item.
Motioned by Mayor Pro -Tem Dugger, seconded by Deputy Mayor Pro -Tem Miller to open the public
hearing.
Motion approved -0.
Mayor Smith opened the public hearing at 6:37 pm.
There were no comments by the public.
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Motioned by Deputy Mayor Pro -Tem Miller, seconded by Mayor Pro -Tem Dugger to close the public
hearing.
Motion approved -0.
DEPARTMENT ITEMS
9. Consider and act upon an ordinance amending the Fiscal Year 2009-10 Budget for municipal
purposes, approving changes made in FY 2009-2010 Budget Amendment I. (MG)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Dixon to approve the ordinance
amending the Fiscal Year 2009-10 Budget for municipal purposes, approving changes made in FY 2009-
2010 Budget Amendment I.
Motion approved -0.
10. Consider and act upon a resolution amending Resolution No. 10-064, concerning the creation
of an employee benefits trust, to conform to language requirements from the Texas State
Comptroller's Office. (MG)
Mike Land, Town Manager, gave council background information on this item
Motioned by Councilmember Dixon, seconded by Councilmember Wilson to approve item 10 as written.
Motion approved -0.
11. Consider and act upon appointing an individual to the Planning and Zoning Commission to fill
and unexpired term. (MD)
Deputy Mayor Pro -Tem Miller nominated Jim Cox.
Nomination approved 3-2 with Mayor Pro -Tem Dugger and Councilmember Wilson voting "no."
12. Consider and act upon 1) an award of bid to Superscapes Landscaping, Inc., 2) enter into a
contract agreement with Superscapes, Inc., regarding the construction services for the Prosper
Trail Landscaping Project and 3) adopt a resolution authorizing the Town Manager to execute
the same. (MB)
Hulon Webb, Director of Development Services gave council background information on this item.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to approve the bid to
Superscapes Landscaping, Inc., 2) enter into a contract agreement with Superscapes, Inc., regarding the
construction services for the Prosper Trail Landscaping Project and 3) adopt a resolution authorizing the
Town Manager to execute the same.
Motion approved -0.
13. Capital Improvement Projects Update. (MB)
Michael Bulla, CIP Manager, gave council a presentation on the current CIP projects around town.
14. Discuss and receive input on the Drainage Utility System Fee Development Report. (HW)
Hulon Webb, Director of Development Services gave council background information on this item.
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Chris Blair, 841 Sibyl Ln., addressed council regarding the report.
George Dupont, 1400 Harvest Ridge Ln., addressed council regarding the repot.
Forest Bently, 170-1 Colonial Ct, asked council questions regarding the report.
15. Discuss and give direction regarding joint meetings between the Town Council and other Town
boards and commissions. (ML)
The council discussed doing joint meetings with the other town boards and commissions.
16. 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 under sixteen 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 item.
Motioned by Councilmember Wilson, seconded by Mayor Pro -Tem Dugger to amend the present Ordinance
preventing persons who are required to register as sex offenders, where the victim is a child seventeen years
of age and younger, from acquiring a residence within 1000 feet of areas where children gather.
Motion approved -0.
EXECUTIVE SESSION
17. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government
Code, to wit; Section 551.074 to deliberate the evaluation of the Town Manager.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to recess into closed session.
Motion approved -0.
Council recessed into closed session at 8:00 p.m.
18. 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 Wilson to reconvene into regular
session.
Motion approved -0.
Council reconvened into regular session at 8:48 p.m.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Dixon to amend Mike Land's
compensation package.
Motion approved -0.
19. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
20. Adjourn.
Motioned by Councilmember Dixon, seconded by Mayor Pro -Tem Dugger to adjourn.
Motion approved -0.
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Magor Smith adjourned the meeting at 8:49 p.m.
Attest:
Matthew D. Denton, TRMC
Town Secretary
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Rav Smith, Magor