12.14.2010 Town Council Minutes1.
Call to Order / Roll Call.
The meeting was called to order at 6:00 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, December 14, 2010 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,
Frank Jaromin, Public Works Director, Kirk McFarlin, Police Chief, Gan- 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 Councilmember Dave Benefield.
Mayor Smith led the Pledge of Allegiance and Salute to the Texas Flag.
3. Proclamations and announcements of dates and times of upcoming community events.
Craig Chambers, CoServ, invited council to an eCoGrid Expo on December 16, 2010 at Rogers Middle
School.
Mayor Smith presented a proclamation to Ann Ward for winning America's Next Top Model.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
November 23, 2010 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon an ordinance for the voluntary annexation of approximately 12.693
acres of land generally located north of First Street and 4300+ feet west of Custer Road. (MD)
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(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)
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d. Consider and act upon 1) an Advance Funding Agreement for Voluntary Local Government
Contributions to Transportation Improvement Projects with No Required Match between the
State of Texas, acting by and through the Texas Department of Transportation, and the Town
of Prosper for the construction of additional turn lanes and culvert extensions on State
Highway 289 between US 380 and FM 1461 and 2) adopt a resolution authorizing the Town
Manager to execute the same. (HW)
e. Consider and act upon 1) a Release, Hold Harmless and Indemnity Agreement, by and
between Bridgestone Retail Operations, LLC, and the Town of Prosper for the construction of
a monument sign within an existing Town easement and 2) adopt a resolution authorizing the
Town Manager to execute the same. (HW)
f. Consider and act upon an ordinance rezoning 12.7± acres, located on the north side of First
Street, 4,300± feet west of Custer Road, from Agricultural (A) to Planned Development -Single
Family -10 (PD -SF -10). (Z10-0010). (CC)
g. Consider and act upon updating and amending the current School Zone Ordinance. (GM)
i. Consider and act upon an authorization for the Town to enter into an Interlocal Agreement
with the City of Carrollton to provide service to portions of the Dispatch Operations. (GM)
Councilmember Dixon requested items 4h and 4j be removed from the consent agenda.
Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Dugger to approve the remainder of the
consent agenda.
Motion approved 6-0.
h. Consider and act upon an ordinance establishing a 45mph speed limit for the section of E.
Frontier Pkwy between N. Dallas Pkwy and Talon Lane. (GM)
Gary McHone, Assistant Police Chief, answered question for council.
Motioned by Councilmember Dixon, seconded by Mayor Pro -Tem Dugger to approve item 4j.
Motion approved 6-0.
j. Consider and act upon an amendment to Ordinance 02-33 establishing an athletic field user
fee. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Michael Korbuly, 801 Shadow Hill Dr, spoke against the proposed fees.
Keith Brunell, 9219 Prairie Meadows Ln., spoke against the proposed fees.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to table the item until a future
meeting.
Motion approved 6-0.
CITIZEN'S COMMENTS
5. Other Comments by the Public.
There were no comments by the public.
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REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 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)
Chris Copple, Planning and Zoning Manager, gave council background information on this item.
Motioned by Mayor Pr -Tem Dugger, seconded by Councilmember Vestal to open the public hearing.
Motion approved 6-0.
Mayor Smith opened the public hearing at 6:59 p.m.
Scott Norris, owner representative, gave a presentation to council.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to close the public hearing.
Motion approved 6-0.
Mayor Smith closed the public hearing at 7:10 p.m.
Motioned by Councilmember Wilson, seconded by Mayor Pro -Tem Dugger to approve request to rezone
24.5± acres, located on the north side of Fishtrap Road, 500± feet east of F.M. 138, from Agricultural (A) to
Planned Development -Retail (PD -R) with the following items:
1. Eliminating open storage as a permitted use.
2. Reducing the maximum building height to two stories, no greater than 40 feet, except for hotel and
office buildings, which may have a maximum building height of four stories, no great than 60 feet,
subject to the increased setback requirement.
Motion approved 6-0.
7. A public hearing to consider and act upon an ordinance to revise the Town's Municipal
Drainage Utility System Fee Schedule. (HW)
Hulon Webb, Director of development services, gave council background information on this item.
Matthew Garrett, Finance Director, answered questions for council.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to open the public hearing.
Motion approved 6-0.
Mayor Smith opened the public hearing at 7:26 p.m.
Ann Lieber, 1190 Crooked Stick Drive, spoke in favor of the level 1 fee schedule.
Chris Blair, 841 Sibyl Ln., spoke in favor of level 1 fee schedule.
Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Dugger to close the public hearing.
Motion approved 6-0.
Mayor Smith closed the public hearing at 7:28 p.m.
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Motioned by Mayor Pro -Tem Dugger, second by Councilmember Wilson to adopt and ordinance revising the
Town's Municipal Drainage Utility System Fee Schedule to service level 1, with an ordinance to allow for
senior citizens exemption, starting January 1, 2010.
Motion approved 4-2 with Councilmembers Benefield and Vestal voting "no."
DEPARTMENT ITEMS
8. Receive an update on Dispatch Operations since going live on December 14, 2009 and discuss
updated costs associated with dispatch operations. (GM)
Gary McHone, Assistant Police Chief, gave council a presentation regarding an update on dispatch
operations.
9. Consider and act upon the appointment of a Chair and Vice Chair of the 2011 Bond
Committee. (HW)
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Dixon to appoint George Dupont Chair,
and Chris Sanchez Vice Chair of the 2011 Bond Committee.
Motion approved 6-0.
10. Consider and act upon the appointment of a Chair and Vice Chair of the Board of
Adjustment/Construction Board of Appeals. (CC)
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Dixon to appoint Matthew Jakusz Chair,
and Bob Jameson Vice Chair.
Motion approved 6-0.
11. Consider and act upon a resolution authorizing the Cities Aggregation Power Project, Inc.
("CAPP") to negotiate reduced electricity rates and extend the agreement through December
2018, authorizing CAPP to act as an agent on behalf of the Town. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
Motioned by Councilmember Benefield, seconded by Councilmember Wilson to approve the resolution
authorizing the Cities Aggregation Power Project, Inc. ("CAPP") to negotioate reduced electricity rates and
extend the agreement through December 2018, authorizing CAPP to act as an agent on behalf of the Town.
Motion approved 6-0.
12. Discuss and give direction on an amendment to the present ordinance regarding sex offender
residency.
Councilmember Vestal led a discussion on this item.
Council requested the item be placed on a future agenda for consideration.
13. Discuss and give direction on leaving, cancelling, or rescheduling the December 28, 2010 Town
Council meeting.
Council cancelled the December 28, 2010 meeting.
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EXECUTIVE SESSION
14. 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 6-0.
Council recessed into closed session at 8:20 p.m.
15. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Councilmember Vestal, seconded by Councilmember Wilson to reconvene into regular session.
Motion approved 6-0.
The Council reconvened into regular session at 9:27 p.m.
16. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
17. Adjourn.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Benefield to adjourn.
Motion approved 6-0.
Mayor Smith adjourned the meeting at 9:28 p.m.
Attest:
Matthew D. Denton, TRMC
Town Secretary
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Ray Smith, Mayor