04.09.2013 Town Council MinutesPrisp
OWN
MINUTES
Meeting of the Prosper Town Council
O F Prosper Municipal Chambers
ER 108 W. Broadway, Prosper, Texas
Tuesday, April 09, 2013
6:00 p.m. Regular Meeting
Prosper is a place where everyone matters.
1. Call to Order Regular Meeting/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro Tern Meigs Miller
Deputy Mayor Pro Tern Kenneth Dugger
Council Member Mike Korbuly
Council Member Curry Vogelsang
Council Member Danny Wilson
Council Member Jason Dixon
Staff Members Present:
Town Manager Harlan Jefferson
Town Attorney Rebecca Brewer
Town Secretary Robyn Battle
Executive Assistant/Deputy Town Secretary Carol Myers
Director of Development Services/Town Engineer Hulon Webb
Planning Director Chris Copple
Finance Director Matthew Garrett
Economic Development Executive Director Robert Winningham
Police Chief Kirk McFarlin
Assistant Police Chief Gary McHone
Dispatch Supervisor Sidney Snyder
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor David Hancock of Christ Fellowship of Prosper led the Invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were given.
3. Proclamations.
Mayor Smith presented the following Proclamations:
3a. Presentation of a Proclamation recognizing April 14-20`' as the Week of the
Young Child.
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3b. Presentation of a Proclamation recognizing April 14-201h as National
Telecommunicators' Week.
3c. Presentation of a Proclamation recognizing April 2013 as Child Abuse and
Neglect Prevention Month.
Mayor Smith requested that Agenda Item 6 take place after the presentation of the
proclamations.
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.)
Mayor Smith presented a Proclamation of Respect to the family of Juanice Stanton, a
member of the Prosper community who recently passed away.
There were no other Citizen Comments.
4. Announcements of upcoming events.
Council Member Vogelsang announced Prosper ISD's "Shattered Dreams" program that
will take place on Thursday and Friday, April 25-26. The event is an education
experience that reminds us of the dangers of drinking or texting while driving.
Council Member Vogelsang announced the Danny Wilson Allstate Kite Day at Frontier
Park to be held on Saturday, May 11, from 10 a.m. to 2 p.m.
Council Member Vogelsang announced the Prosperity Place Fun Run and Family Fair to
be held on Saturday, May 18, from 8 a.m. to 11 a.m.
Town Manager Harlan Jefferson introduced Robyn Battle as the new Town Secretary of
Prosper.
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.)
5a. Consider and act upon minutes from the following Council meeting(s). (HJ)
• Regular Meeting — March 26, 2013
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• Special Meeting— March 27, 2013
5b. Consider and act upon Ordinance No. 13-08, 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) (Z13-0001). (CC)
5c. Consider and act upon Ordinance No. 13-09, amending Planned
Development-2 (PD-2), Exhibit C, Section 2.06 (Thoroughfare Screening),
located adjacent to the western boundary of Willow Ridge, Phases 4A and
413, along future Lovers Lane. The property is for 0.3f acres (Z13-0005).
(CC)
5d. Consider and act upon Ordinance No. 13-10, rezoning 1.5f acres, located on
the southeast corner of Preston Road and Hays Road, from Office (0) to
Planned Development -Office (PD-O) (Z13-0002). (CC)
5e. Consider and act upon Ordinance No. 13-11, amending Planned
Development-14 (PD-14), Exhibit C, Section 4.06 (Conceptual Development
Plan), located on the south side of Fishtrap Road, 2,400f feet east of Teel
Parkway. The property is 145.4f acres (Z13-0006). (CC)
5f. 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(B)(7) of the
Town's Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan. (CC)
Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tern Miller seconded the
motion to approve the Consent Agenda items as presented. The motion was approved by
a vote of 7-0.
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.)
DEPARTMENT ITEMS:
7. Consider and act upon the proposed park land dedication within the limits of the
preliminary plat of Frontier Estates, on 124.7f acres, located on the south side of
Frontier Parkway, 800f feet east of Preston Road (D13-0005). (HW)
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Development Services Director Hulon Webb presented the item before the Town
Council. Section 13 of the Town's Subdivision Ordinance includes requirements for park
land dedication. The park land dedication requirement for this development is 7.51 acres.
The Town's Parks, Recreation and Open Space Master Plan recommends a neighborhood
park to serve the area. The developer is proposing to dedicate 9.82 acres of park land to
meet the dedication requirement. The Parks & Recreation Board recommended approval
of the proposed conveyance, and the Planning & Zoning Commission approved the
preliminary plat of Frontier Estates, which includes the proposed park land conveyance.
Town staff recommends approval of this item.
After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro
Tern Dugger seconded the motion to approve the proposed park land dedication within
the limits of the preliminary plat of Frontier Estates, on 124.7± acres, located on the south
side of Frontier Parkway, 800± feet east of Preston Road. The motion was approved by a
vote of 7-0.
8. Consider and act upon the proposed park land dedication within the limits of the
preliminary plat of The Parks at Legacy, on 95.4f acres, located on the south side of
Fishtrap Road, 2,400f feet east of Teel Parkway (D12-0045). (HW)
Development Services Director Hulon Webb presented the item before the Town
Council. Section 13 of the Town's Subdivision Ordinance includes requirements for park
land dedication. The park land dedication requirement for this development is 8.57 acres.
The Town's Parks, Recreation and Open Space Master Plan recommends a community
park and trail head to the north of this development. The developer is proposing to
dedicate 6.73 acres for a neighborhood park, and 4.4 acres for a linear park to meet the
dedication requirement. The Parks & Recreation Board recommended approval of the
proposed conveyance, and the Planning & Zoning Commission approved the preliminary
plat of The Parks at Legacy, which includes the proposed park land conveyance. Town
staff recommends approval of this item.
After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro
Tern Dugger seconded the motion to approve the proposed park land dedication within
the limits of the preliminary plat of The Parks at Legacy, on 95.4± acres, located on the
south side of Fishtrap Road, 2,400± feet east of Teel Parkway. The motion was approved
by a vote of 7-0.
9. Consider and act upon the proposed park land dedication within the limits of the
preliminary plat of Tanner's Mill, on 138.5f acres, located on the east side of
Coleman Street (D12-0048). (HW)
Development Services Director Hulon Webb presented the item before the Town
Council. Section 13 of the Town's Subdivision Ordinance includes requirements for park
land dedication. In January, Town staff presented the item for Tanner's Mill to the Parks
& Recreation Board that included a dedication of 9.51 acres of park land adjacent to a
proposed elementary school site. The developer has since revised the preliminary plat.
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The park land dedication requirement for this development is now 8.8 acres, and does not
include a proposed elementary school on the property. Due to the zoning of the
surrounding area, the proposed location of a neighborhood park in Tanner's Mill would
benefit local residents, and also connect area developments via the Town's hike and bike
trail system. Town staff recommends approval of this item.
After discussion, Council Member Dixon made a motion and Council Member Korbuly
seconded the motion to table this item until the April 23, 2013, Town Council meeting
for the proposed park land dedication within the limits of the preliminary plat of Tanner's
Mill, on 138.5± acres, located on the east side of Coleman Street. The motion was
approved by a vote of 7-0.
10. EXECUTIVE SESSION:
Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tem Miller seconded the
motion to recess into Executive Session at 7:16 p.m. The motion was approved by a vote
of 7-0.
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas
Government Code, as authorized by the Texas Open Meetings Act to deliberate
regarding;
10a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real
property generally located on W. Broadway Street west of Coleman.
10b. 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.
11. 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 and Council Member Wilson seconded
the motion to reconvene into Regular Session at 8:50 p.m. The motion was approved by
a vote of 7-0.
No action was taken on items discussed in Executive Session.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discuss the Resolution that the City of Rockwall approved in March 2013 to
protect and defend the constitutional right to keep and bear arms.
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13. Adjourn.
Deputy Mayor Pro Tern Dugger made a motion and Council Member Wilson seconded
the motion to adjourn the meeting at 8:51 p.m. The motion was approved by a vote of
7-0.
The meeting adjourned at 8:51 p.m.
ATT T:
Robyn Batty Town Secretary
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APPROVED:
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Ray Smith, Mayor
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