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04.24.2012 Town Council Minutes1 TOWN OF SPE Minutes Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 24, 2012 Council Meeting 6:00 p.m. 1. Call to Order / Roll Call — Mayor Ray Smith called the meeting to order at 6 p.m. Council present included: Mayor Ray Smith; Mayor Pro Tem Kenneth Dugger, Deputy Mayor Pro Tem Meigs Miller, Danny Wilson, Curry Vogelsang Jr., and Dave Benefield. Council Member(s) absent: Jason Dixon Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon Webb, Director of Development Services; Frank Jaromin, Public Works Director; Chris Copple, Planning Director; and Matthew Garrett, Finance Director. 2. Marc Rylander gave the Invocation. The Pledge of Allegiance and Pledge to the Texas Flag were given. 3. Announcements of dates and times of upcoming community events. Town Manager Mike Land reminded everyone that the Windmill Playground build starts on May 14 and continues until May 20th. Deputy Mayor Pro Tem announced that the ribbon cutting for the new park is scheduled on May 201h at 5 p.m. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 4. MINUTES, RESOLUTIONS AND OTHER ITEMS 4a. Consider and act upon minutes from the following Council meeting(s) (AP) April 10, 2012 — Regular Town Council Meeting 4b. Consider and act on the monthly financial reports for March 2012. (MG) 4c. Consider and act upon Resolution No. 12-25, amending the authorized representatives to transact business with TexPool Participant Services. (MG) Mayor Pro Tem Dugger made a motion to approve Consent Item 4a., as amended and 4b thru 4c, as presented. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved 6-0. Page 1 of 4 5. CITIZEN'S COMMENT (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) Other Comments by the Public - Catherine Nordon spoke regarding a Bullying article she wrote for the Prosper Press. Ms. Nordon explained that bullying is an issue in schools, giving examples of families that have been directly affected by bullying, and noted that her goal is to make everyone aware of the issue. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARING 6. A public hearing to consider and act upon a request to rezone 1.4± acres, located on the west side of Preston Road, 1,600± feet south of Prosper Trail (787 N. Preston Road), from Commercial (C) to Planned Development -Retail (PD -R). (Z12-0003). Planning Director Chris Copple briefed Council regarding this item. Mr. Copple noted that the Planning and Zoning Commission recommended approving the request with two stipulations: 1) Automobile repair uses shall not be permitted to operate on Sunday, and 2) Automobile paid parking lot or garage, recycling collection point, private club, and Laundromat shall be removed from the list of permitted uses. The applicant has revised Exhibit C to reflect these changes. Mayor Pro Tem Dugger made a motion to open the public hearing. Motion seconded by Council Member Wilson. Motion approved by vote 6-0. The following citizens were present in support and/or opposition to the case: Jack Dixon, spoke in opposition to the proposed zoning case expressing his concerns of having a collision auto repair which he considered an eye sore so close to residential homes. He also had concerns with EPA regulations, environmental issues, and outdoor storage of vehicles. Irwin Parry, spoke in opposition, stating in his opinion auto repair use doesn't fit with the Town's long term vision. Marco Orendain, spoke in opposition with concerns regarding environmental issues, EPA standards, storage of chemicals, substandard building issues, sanitary sewer, screening, tow truck traffic, noise and noted he feels the use doesn't fit the location. Kelly Cooper, spoke in opposition of the zoning case stating in her opinion the affects would be more negative than positive with auto repair use at this location. Page 2 of 4 Deputy Mayor Pro Tem Dugger made a motion to close the public hearing. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. Council discussed height limitations, noise issues, number of bays, signage and commercial use verses non commercial uses. Owner and applicant Issa Bouert briefed Council regarding his project. He noted that he has a Good Year facility located in Allen, TX and he plans to maintain the property and will bring it up to code and work with the Town to improve the property. He assured citizens and council that noise will not be an issue, hours of operation will be 7a.m. to 7p.m. and closed on Sundays. Mr. Bouert explained all Town requirements and EPA regulations would be met and noted he plans to install a fire sprinkler system in order to bring the site into compliance. Deputy Mayor Pro Tem Miller made a motion to approve a request to rezone 1.4± acres, located on the west side of Preston Road, 1,600± feet south of Prosper Trail (787 N. Preston Road), from Commercial (C) to Planned Development -Retail (PD -R). (Z12-0003). Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 5-1, Council Member Wilson voting in opposition. DEPARTMENT RELATED ITEM 7. Presentation, discussion and possible direction regarding a proposed Adult Day Care Facility for Prosper, Texas. Town Manager Mike Land introduced Michael Beaty who is proposing the project. Mr. Beaty explained that this project is a non profit 5016 for the purposes of owning and operating an adult day care facility. He explained there is a need for full time live in caregivers in the Prosper area. Mr. Beaty noted that this project would be funded through the USDA, however; the Town is being requested to form a 5016 Corporation and appoint the Board of Directors. He noted that these are the requirements in order to qualify for the USDA funding. Mr. Beaty explained that the use and location would require a Specific Use Permit, a site plan and public hearings would be presented to the Planning and Zoning Commission and Town Council. Mr. Beaty explained that no funding would be requested from the Town. Ann Lieber and Kelly Cooper did not wish to speak on this item but filled out a speaker request form in opposition to the case. Council discussed types of funding and had concerns with possible Town liabilities. Council asked that the Town's attorney review the possibilities of any liability issues and asked the applicant to provide more funding information indicating the type of loan and how it works. 8. Discuss Capital Improvement Projects and related Debt Financing options and give staff direction on posting Notice of Intent to issue Certificate of Obligation Bonds in addition to preparing to issue General Obligation Bonds. Town Manager Mike Land briefed Council regarding the capital improvement project debt financing options. At the conclusion of the presentation and after discussion Council advised staff to prepare the necessary documentation to issue $5.5 million in General Obligation debt for roads and park acquisition, and $10,680,000 in Certificates of Obligation for drainage, water utility improvements and equipment purchases for consideration on May 8, 2012. Mayor Pro Tem Dugger made a motion to recess into Executive Session at 7:34 p.m. Deputy Mayor Pro Tem Miller seconded the motion. Motion approved by vote of 6-0. Page 3 of 4 9. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as authorized by the Texas Open Meetings Act deliberate regarding; 9a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located south of Prosper Trail, east of the BNSF railroad, west of Custer, and north of Highway 380. 9b. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Mayor Pro Tem Dugger reconvened into open session at 8:25 p.m. Motion seconded by Mayor Smith. Motion approved by vote of 6-0. No action was taken as a result of closed session. 10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No action was taken on this item. 11. Adjourn- Mayor Pro Tem Dugger made a motion to adjourn. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. Meeting adjourned at 8:26 p.m. ATTEST: _��l�� - _./.�.�!�/.� Amy M. Pi na RMC Town S�SWA y ' �� P�.,. F �r�� ..e•°'a••e da�"'"`Lir i, ,F`� P- • a • m +e' • � io d ` m �'0 • • vc � o ! ¢� •iiiiiii•i• k� '#04# d4 �EXAs 4®��s APP�OVED,:- Ray Smith,�Mayor Page 4 of 4