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03.26.2013 Town Council MinutesI PLOWN OF SPER Minutes Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Prosper, TX 75078 Tuesday, March 26, 2013 6:00 p.m. Regular Meeting 1. Call to Order Regular Meeting/Roll Call. The meeting was called to order at 6:01 p.m. Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tem Kenneth Dugger, Council Member Danny Wilson, Council Member Curry Vogelsang, Council Member Mike Korbuly, and Council Member Jason Dixon Staff Members present: Town Manager Harlan Jefferson, Executive Assistant/Deputy Town Secretary Carol Myers, Permit Technician Suzanne Brandon, Development Director Hulon Webb, Planning Director Chris Copple, Finance Director Matthew Garrett, Police Chief Kirk McFarlin, and Fire Chief Ronnie Tucker. 2. Pastor Glen Gabbard with Christian Chapel Assembly of God led the Invocation. The Pledge of Allegiance and Pledge to the Texas Flag were given. 3. Announcements of upcoming events. The following announcements were given: • Deputy Mayor Pro Tem Dugger announced the Mayor's upcoming coffee event with the Senior Citizens at 9:00 a.m. on April 2, 2013, in the Municipal Chambers. • The Town's successful second annual Spring Cleanup and Recycling event was also mentioned. Approximately 250 residents took advantage of this opportunity disposing of nearly 20 tons of waste and recycling. Given the positive response by residents, staff is considering other locations and increasing the event's capacity for next year. • Town Manager Jefferson introduced Executive Assistant/Deputy Town Secretary Carol Myers and the Town Council welcomed her. 4. Mayor Smith presented Finance Department staff with the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the Comprehensive Annual Financial Report for the year ending September 30, 2011. This was the second consecutive year that the Town of Prosper has won the Award. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting. Its attainment represents a significant accomplishment by a government and its management. 5. 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.) Page 1 of 7 5a. Consider and act upon minutes from the following Council meeting(s) (H,I) • Regular Meeting — February 26, 2013. 5b. Consider and act upon Ordinance No. 13-07, rezoning 124.7± acres, located on the south side of Frontier Parkway, 800± feet east of Preston Road to amend Planned Development-15 (PD-15), Exhibit C, Section 2.05 (Streets). (Z13-0003). (CC) 5c. Consider and act upon a Resolution No. 13-22 reviewing, updating, and adopting the Town of Prosper and Prosper EDC Investment Policy and Investment Strategy. (MG) Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tern Meigs Miller seconded the Motion to approve the Consent items, as presented. The Motion was approved by a vote of 7-0. 6. CITIZEN COMMENTS: (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 — Roger Flood, Chairman of the Friends of the Prosper Library addressed the Town Council about his concerns about the Town's accounting practices regarding donations made for the Library's use through fund-raising efforts. He requested that the $3,000 be returned to the Library's budget from the General Fund. Resident Cap Parry also addressed the Town Council regarding density issues in Prosper. He referenced the small apartment sizes in New York as an example and how they were not conducive to a family life style. Mr. Parry expressed his concern over the size of apartments and asked the Council to be cognizant of this when apartments are being built in Prosper. 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: 7. A public hearing to consider and act upon a request to rezone 0.5± acre, located on the southwest corner of Coleman Street and Third Street (202 S. Coleman Street), from Single Family-15 to Downtown Office (DTO). (Z13-0001). (CC) Mayor Pro Tern Miller made a motion to open the Public Hearing. Motion was seconded by Council Member Wilson. Motion was approved by a vote of 7-0. Page 2 of 7 Planning Director Chris Copple addressed the Town Council and made a brief presentation. There were no residents present that wished to speak for or against the item. Mayor Pro Tern Miller made a motion to close the Public Hearing. Motion was seconded by Deputy Mayor Pro Tern Dugger. Motion was approved by a vote of 7-0. Mayor Pro Tern Miller made a motion to approve rezoning 0.5f acre, located on the southwest corner of Coleman Street and Third Street (202 S. Coleman Street), from Single Family-15 to Downtown Office (DTO). (Z 13-0001). Motion was seconded by Deputy Mayor Pro Tern Dugger. Motion was approved by a vote of 7-0. 8. A public hearing to consider and act upon a request to amend Planned Development-8 (PD-8), Exhibit C (Hike and Bike Trail Exhibit), located at the terminus of Lake Trail Lane, south of Frontier Parkway. The property is 25.Of acres. (Z 13-0004). (CC) The Town Council was briefed and a presentation containing various visuals and maps was made by Planning Director Chris Copple prior to the opening of the Public Hearing. Mayor Pro Tern Miller made a motion to open the Public Hearing. Motion was seconded by Deputy Mayor Pro Tern Dugger. Motion was approved by a vote of 7-0. Developer Darrell Amen spoke briefly with the Town Council in addition to three residents (Frank Wood ley -opposed, Jack Dixon -opposed, and Ken Weaver -supported). There were some concerns about the trail dead ending into the pond. Discussion took place about connection with Frontier Park and other alternatives. Deputy Mayor Pro Tern Dugger made a motion to close the Public Hearing. Motion was seconded by Council Member Dixon. Motion was approved by a vote of 7-0. Council Member Vogelsang made a motion to deny the request to amend Planned Development-8 (PD-8), Exhibit C (Hike and Bike Trail Exhibit), located at the terminus of Lake Trail Lane, south of Frontier Parkway. The property is 25.0� acres. (Z13-0004). Motion was seconded by Council Member Dixon. Motion was approved by a vote of 6-1. 9. A public hearing to consider and act upon a request to amend Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening), located adjacent to the western boundary of Willow Ridge, Phases 4A and 4B, along future Lovers Lane. The property is for 0.3f acre. (Z13- 0005). (CC) The Town Council was briefed and various visuals were made available by Planning Director Chris Copple. Mayor Pro Tern Miller made a motion to open the Public Hearing. Motion was seconded by Council Member Vogelsang. Motion was approved by a vote of 7-0. Developer Phil Jobe addressed the Town Council and stated that this request only concerns the landscape plantings in the 10' landscape buffer area. He confirmed that he would plant immediately and water the area in question. Deputy Mayor Pro Tern Dugger made a motion to close the Public Hearing. Motion was seconded by Council Member Dixon. Motion was approved by a vote of 7-0. Council Member Dixon made a motion to amend Planned Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening), located adjacent to the western boundary of Willow Ridge, Phases 4A and 4B, along future Lovers Lane. The property is for 0.3± acre. (Z13-0005). Motion was seconded by Deputy Mayor Pro Tern Dugger. Motion was approved by a vote of 7-0. Page 3 of 7 10. A public hearing to consider and act upon a request to rezone 1.5± acres, located on the southeast corner of Preston Road and Hays Road, from Office (0) to Planned Development -Office (PD-O). (Z13-0002). (CC) Planning Director Chris Copple made a presentation to the Town Council. Mayor Pro Tern Miller made a motion to open the Public Hearing. Motion was seconded by Deputy Mayor Pro Tern Dugger. Motion was approved by a vote of 7-0. A representative of the applicant addressed the Town Council to outline the specifics of the office building. There was concern by a resident that the proposed building would block her view. Additional discussion took place regarding the landscape design, signage, sightlines, lot size, etc. Architect Steven Hundley was present and addressed the Council Members inquiries. Deputy Mayor Pro Tern Dugger made a motion to close the Public Hearing. Motion was seconded by Council Member Korbuly. Motion approved by a vote of 7-0. Council Member Wilson made a motion to deny (and Council Member Dixon seconded the motion) the request to rezone 1.5::L acres, located on the southeast corner of Preston Road and Hays Road, from Office (0) to Planned Development -Office (PD-O.) (Z13-0002). The motion did not carry as there was not a majority vote. The vote for the motion to deny was 3-4. Mayor Smith then requested an alternative motion be made. Mayor Pro Tern Miller made a motion to rezone 1.5f acres, located on the southeast corner of Preston Road and Hays Road, from Office (0) to Planned Development -Office (PD-O) subject to enhancing the landscaping on the north side and southwest corners by 15% with respect to groundcover and shrubs. (Z13-0002). Motion was seconded by Deputy Mayor Pro Tern Dugger. Motion was approved by a vote of 4-3. 11. A public hearing to consider and act upon a request to amend Planned Development-14 (PD-14), Exhibit C, Section 4.06 (Conceptual Development Plan), located on the south side of Fishtrap Road, 2,4001 feet east of Teel Parkway. The property is 145.4± acres. (Z13-0006). (CC) Planning Director Chris Copple made a presentation to the Town Council and went over the requirements of the conceptual development plan requirements. Matt Robinson with Greater Texas Land Resources participated in the discussion with Town Council. Council Member Wilson made a motion to open the Public Hearing. Motion was seconded by Council Member Dixon. Motion was approved by a vote of 7-0. Deputy Mayor Pro Tern Dugger made a motion to close the Public Hearing. Motion was seconded by Council Member Dixon. Motion was approved by a vote of 7-0. Council Member Dixon made a motion to amend Planned Development-14 (PD-14), Exhibit C, Section 4.06 (Conceptual Development Plan), located on the south side of Fishtrap Road, 2,400± feet east of Teel Parkway. The property is 145.4f acres. (Z13-0006). Motion was seconded by Council Member Korbuly. Motion was approved by a vote of 7-0. DEPARTMENT ITEMS: 12. Consider and act upon 1) a Letter Agreement between the Town of Prosper and Blue Star Land, LP, related to the proposed expenditures for SH 289 improvements to be included in future TIRZ Page 4 of 7 Financing Agreement and 2) adopting Resolution No. 13-25 authorizing the Town Manager to execute the same. (HW) Development Services Director Hulon Webb presented this item before the Town Council and stated it was in preparation for a large future development for the specific area. Resident Jack Dixon wanted clarification on the use of the TIRZ funding and inquired about the distance from SH 121. Mayor Pro Tem Miller made a motion to approve the a Letter Agreement between the Town of Prosper and Blue Star Land, LP, related to the proposed expenditures for SH 289 improvements to be included in future TIRZ Financing Agreement and 2) adopt Resolution No. 13-25 authorizing the Town Manager to execute the same. Motion was seconded by Council Member Korbuly. Motion was approved by a vote of 7-0. 13. Consider and act upon 1) a Memorandum of Understanding between the Town of Prosper and Blue Star Land, LP, related to the proposed expenditures for a Wastewater Trunk Main to be included in future Development Agreement and 2) adopting Resolution No. 13-26 authorizing the Town Manager to execute the same. (HW) Development Services Director Hulon Webb presented this item before the Town Council and a brief discussion took place regarding this capital improvement project. Council Member Korbuly made a motion to approve the Memorandum of Understanding between the Town of Prosper and Blue Star Land, LP, related to the proposed expenditures for a Wastewater Trunk Main to be included in future Development Agreement and 2) adopt Resolution No. 13-26 authorizing the Town Manager to execute the same. Motion was seconded by Council Member Dixon. Motion was approved by a vote of 7-0. 14. Consider and act upon Change Order 91 to Freese and Nichols, Inc., for the 2nd Upper Plane 30/24- Inch Treated Waterline Pipeline Project. (MB) Development Services Director Hulon Webb presented this item before the Town Council and explained that it was necessary because of the changes required in the laying of the water mains on the east side of Town. The initial path for the mains was no longer feasible; therefore, this change order was required. Mayor Pro Tern Miller made a motion to approve Change Order #1 to Freese and Nichols, Inc., for the 2nd Upper Plane 30/24-Inch Treated Waterline Pipeline Project. Motion was seconded by Council Member Wilson. Motion was approved by a vote of 7-0. 15. Consider and act upon Resolution No. 13-23, accepting the Independent Audit Report and Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2012, as presented by Lori Herrick of Davis Kinard & Co, PC, Certified Public Accountants. (MG) Finance Director Mathew Garrett introduced the auditing firm representative who provided a detailed summary of the Town's financial position. The auditor reflected that there were no irregularities discovered; however, there were deficits in some areas that would need to be addressed. Page 5 of 7 Deputy Mayor Pro Tern Dugger made a motion to approve Resolution No. 13-23, accepting the Independent Audit Report and Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2012, as presented by Lori Herrick of Davis Kinard & Co, PC, Certified Public Accountants. Motion was seconded by Council Member Vogelsang. Motion was approved by a vote of 7-0. 16. Consider and act upon Resolution No. 13-17 approving renewal of the tower site lease agreement with TierOne Converged Networks. (MG) After a brief discussion, Mayor Pro Tern Miller made a motion to approve Resolution No. 13-17 approving renewal of the tower site lease agreement with TierOne Converged Networks. Motion was seconded by Deputy Mayor Pro Tern Dugger. Motion was approved by a vote of 7-0. 17. Consider and act upon Resolution No. 13-24 approving the First Amendment to the tower site lease agreement with TierOne Converged Networks, allowing for monthly rents and authorizing the Town Manager to execute the same. (MG) This item is an amendment to the renewed tower site lease agreement previously approved by the Town Council and allowing for monthly rental. Deputy Mayor Pro Tern Dugger made a motion to approve Resolution No. 13-24 approving the First Amendment to the tower site lease agreement with TierOne Converged Networks, allowing for monthly rents, and authorizing the Town Manager to execute the same. Motion was seconded by Council Member Korbuly. Motion was approved by a vote of 7-0. 18. 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: 18a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on W. Broadway Street west of Coleman. 18b. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on Preston Road north of Broadway. 18c. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on Prosper Trail west of Coit Road. 18d. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on First Street west of Craig Street. 18e. Section 551.071. Meeting with Town Attorney regarding a matter in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act to receive legal advice regarding the Police Department's standard operating procedures, and matters related thereto. 18C Section 551.074. Discuss and consider Town Attorney applicants and all matters incident and related thereto. Page 6 of 7 L: 19. Deputy Mayor Pro Tern Dugger made a motion to recess into Executive Session at 10:07 p.m. Motion was seconded by Mayor Pro Tern Miller. Motion was approved by vote of 7-0. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Deputy Mayor Pro Tern Dugger made a motion to reconvene into regular session at 10:46 p.m. Motion was seconded by Council Member Korbuly. Motion was approved by a vote of 7-0. No action was taken as a result of Executive Session. 20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No action was taken on this item. • Discuss temporary use of Frontier Park for baseball practice. • Discuss additional solid waste service options. 21. Adjourn. Deputy Mayor Pro Tern Dugger made a motion to adjourn the meeting at 10:48 p.m. Motion seconded by Council Member Korbuly. Motion approved by vote of 7-0. The meeting adjourned at 10:48 p.m. ATTEST: Harlan Jeffe on, Interim Town Se /ry a AP ROVE, : J Ray Smith Mayor Page 7 of 7