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07.24.2012 Town Council Minutes1 TOWN OF SPE Minutes Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, July 24, 2012 Council Meeting 5:00 p.m. Deputy Mayor Pro Tem Miller made a motion to convene into Executive Session at 5:18 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 5-0. 1. 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 to deliberate regarding; I a. 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. lb. 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 regarding legal issues relating to the proposed, updated Comprehensive Plan. lc. Section 551.074. To deliberate the appointment, employment and/or duties of the permanent Town Manager. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Council Member Wilson made a motion to reconvene into regular session at 6:1 1p.m. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 5-0. 2. Call to Order / Roll Call. Council present included: Mayor Ray Smith; Mayor Pro Tem Meigs Miller, Danny Wilson, Curry Vogelsang Jr., and Jason Dixon. Council Member(s) absent: Deputy Mayor Pro Tem Dugger Staff present included: Lyle Dresher, Interim Town Manager; Rebecca Brewer, Town Attorney; Amy Piukana, Town Secretary; Hulon Webb, Director of Development Services; Chris Copple, Planning Director; and Matthew Garrett, Finance Director 3. Pastor John Fowler with First Presbyterian Church in Prosper gave the invocation. The Pledge of allegiance and pledge to the Texas Flag were given. 4. Announcements of dates and times of upcoming community events. Mayor Smith announced Lyle Dresher has been selected as the new Interim Town Manager. Page I of 6 Development Director Hulon Webb announced the Town will hold its first community cook -out and picnic at Frontier Park schedule for September 9, 2012, at 5 p.m. Mr. Webb stated further details will be posted on the Town's webpage. 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.) 5. MINUTES. RESOLUTIONS AND OTHER ITEMS 5a. Consider and act upon minutes from the following Council meeting(s) (AP) July 10, 2012 — Regular Town Council Meeting 5b. Consider and act upon the June 30, 2012 monthly financial statements. (MG) 5c. Consider and act upon the quarterly investment report for the quarter ending June 30, 2012. (MG) 5d. Consider and act upon a joint Library Agreement with City of Celina and Town of Prosper for Librarian Services. (MG) Mayor Pro Tem Miller made a motion to approve Consent Items 5a., 5b., 5c, and 5d, as presented. Motion seconded by Council Member Wilson. Motion approved by vote of 5-0. 6. 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 — Prosper resident George Dupont spoke recognizing Town Leaders and staff for a job well done with the Windmill Playground Community Build project. Mr. Dupont explained an issue with a neighboring property being discussed tonight as Case No. Z12-006, noting this property has had issues with trespassing and off road vehicles. Mr. Dupont gave an example of an off road violator and disagreed with the explanation the Police Department gave the property owner stating the property owner was advised they must post no trespassing signs every twenty feet at all sides of the property. Mr. Dupont urged Council to make sure the policy issues are handled properly through Council. Prosper resident Kelly Cooper spoke regarding the Comprehensive Plan and asked that the wording "Upscale small town feel" be added to the vision statement on page 22. Ms. Cooper also urged Council to delete the light rail photo shown on page 30 of the Community Vision page and the wording"a station platform with enhanced architectural features" be deleted. She added that the wording that reads "determine resident's ultimate vision for vacant land along the rail line" be deleted along with the word "land" which she noted should be revised to, "and". Ms. Cooper explained that Page 2 of 6 no Executive Summary was found. Ms. Cooper read a letter from resident Anne Lieber who was not in attendance; however, she requests that the Veloweb definition be revised to read the true and correct definition or be taken off completely. Prosper resident Jeff Burandt spoke stating he agrees completely with all Ms. Cooper's recommendations. 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 HEARINGS: Mayor Ray Smith recused himself from the meeting due to a conflict of interest regarding Item No. 7. 7. A public hearing to consider and act upon a request to rezone 41.3± acres, located on the south side of Frontier Parkway, 2,600± feet west of Custer Road, from Agricultural (A) to Planned Development -Single Family -Estate (PD -SF -E). (Z12-0006). Planning Director Chris Copple briefed Council regarding the case noting, besides lot, setback and dwelling area requirements, the standards proposed that vary from straight zoning are residential development criteria along major creeks, fencing, drainage, access and cul-de-sac length. Council Member Dixon asked the Town Engineer if he agrees with the plans presented and noted that he does not want the Town to be financially liable if the Development work is not done accurately. Mayor Pro Tem Miller asked Town Engineer Hulon Webb if he agrees with the Planning and Zoning Commission recommendation of having the drainage and floodway easement privately owned and maintained. Town Engineer Hulon Webb stated he prefers the HOA own and maintain the flood area at the creek, noting he does not recommend private ownership of the drainage and floodway easement. Hulon stated parameters could be added to the plat if Council chooses. Council Member Dixon made a motion to open the Public Hearing. Motion seconded by Council Member Wilson. Motion approved by vote of 4-0. The following citizens spoke regarding the case: Applicant Engineer Matt Dorsett stated he prepared the Concept Plan, noting original plans adhered to subdivision ordinance to have the open space lot along Wilson Creek, he noted that the HOA would be responsible for the middle of the creek even if it is privately owned. He noted that language could be added to the Plat and Deed restrictions indicating the HOA would be responsible for the easements and maintenance floodway responsibilities along the creek. He noted that the developer did not remove the fence requirements. Page 3 of 6 Prosper resident George Dupont spoke in support of the development. He stated he is the president of the Amberwood Farms Home Owner's Association. He stated that the lots backing to Wilson Creek and the drainage that runs to Amberwood Farms are considered 4,000 square foot lots and wants clarification that this includes all homes south of the property line of Twin Creeks. (Not just homes that back to Wilson Creek.) Mr. Dupont spoke regarding access of increased traffic to the creek. Mr. Dupont noted that if HOA property, it will have common area problems with twelve homes that are private property and if there is a common area, twenty nine homes that have access to the creek. His concern is with increased traffic and his fear that traffic could possibly cause flooding issues. Mr. Dupont noted he prefers wrought iron fencing along the western and southern boundaries and does not recommend common area. Mr. Dupont urged Council to spell out the maintenance and easement responsibilities on the plans. The Developer Rex agrees to 4,000 square foot minimums and stated the majority of citizens that attended the P&Z Meeting did not want fencing to be required, only optional. Council Member Vogelsang asked for clarification of common area verses HOA easement. Town Engineer Hulon Webb explained that HOA lot and HOA easement are not much different. Mr. Webb noted nothing can be built because it is an easement. Celina resident Mike Lish stated he has a drainage and utility easement behind his house and states not much maintenance has been required as the creek is in its natural state. Council Member Dixon made a motion to close the Public Hearing. Motion seconded by Council Member Vogelsang. Motion approved by vote of 4-0. Mayor Pro Tem Miller made a motion to approve a request to rezone 41.3± acres, located on the south side of Frontier Parkway, 2,600± feet west of Custer Road, from Agricultural (A) to Planned Development -Single Family -Estate with the stipulations that language be added to the plat adopting the P&Z recommendations and noting the no build easement and the drainage and floodway maintenance wording per the Subdivision Ordinance be added to the Planned Development. Motion seconded by Council Member Dixon. Motion approved by vote of 4-0. DEPARTMENT ITEMS Mayor Smith returned to the meeting. 8. Discuss and provide direction regarding the 2012 Town of Prosper Comprehensive Plan Update. (CA 12-0001). Planning Director Chris Copple briefed Council rearding this item. Planning Director Chris Copple noted that changes were made per the July 10' Town Council Meeting and with the P&Z recommended changes. Mr. Copple introduced Brandon Gonzalez with Freese & Nichols who was present to answer any questions. Mr. Copple asked that Council review changes and provide direction of any other revisions. He noted that the Town Charter requires Council to take action to either approve or deny the Comp Plan within 60 days and that August 14, 2012 will be the next Council meeting which meets this requirement. Prosper resident Capp Perry spoke regarding density concerns and wants clarification of growth and how it is measured, asking if it is calculated by the number of rooftops, retail, and/or population. He stated more clarity is needed on how growth is being measured. Page 4 of 6 Jack Dixon spoke regarding number of apartments, size, and population of the Town, lot sizes and rail stop. His main concern is that he doesn't feel the comp plan has addressed all the residents needs, he prefers a citizen survey. Mr. Dixon urged Council to work on getting a grocery store and more restaurants. He noted that he does not want big retail like Frisco and McKinney; he wants Prosper to be unique and have quality retail. Kelly Cooper spoke stating the Comp Plan needs more specific direction; she was a part of CPAC and feels additional citizen education and comments would be beneficial. She noted the vision statement needs to be addressed and urged that page 22 light rail be deleted from the Comp Plan. Shawn Turner spoke in opposition to the new Vision Statement stating the revised statement is too generic and prefers more language used in the original statement. Council Member Wilson thanked everyone for their time and work on the Comp Plan. Council Member Wilson noted that new information has been given regarding the Comp Plan and he stated Council will be proactive and is listening to everyone's input to move the town into a positive direction. Council Member Vogelsang thanked the community for their feedback. Council Member Vogelsang explained that the open feel wording was used to capture the open family based feeling that the town has. Council Member Vogelsang noted that Prosper must plan for growth and structure to provide quality and excellence. He added that a good tax base is needed and preferably on quality retail. Council Member Vogelsang asked staff to add all P&Z comments, citizen comments and Council input to the Comp Plan. Mayor Smith stated that the Comp Plan can be reviewed annually if needed, and thanked citizens for all their input and time. Mayor Smith states Council is flexible and wants the Plan to reflect positive growth for the Town of Prosper. Mayor Pro Tem Miller recommended staff to add all comments from P&Z, staff, and citizens and prepare the Plan for adoption at the August 14, 2012 Town Council meeting. 9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council asked that staff provide a road and Capital Improvement Project update at the August 14, 2012 Council Meeting. Resident Kelly Cooper stated she wants to see what revisions will be made to the Comp Plan and she wanted to make sure Council understands they have 60 days to review the plans before approval. 10. Adjourn -Mayor Pro Tem Miller made a motion to adjourn at 7:49 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 5-0. Meeting adjourned at 7:49 p.m. APF1�OV I Ray Smit', Mayor ATTEST: Page 5 of 6 �o���ecTetaxy �®`'�rlkli�t�ft� �' 8 6 �} •r 0 • f � e • m • s � • • fw a •• s • ay, f,�r 'r••rrNr !! �,�`l`llll rEFXAS "0``�� Pa- Ob