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03.22.2011 Town Council Minutes1 1 1 plIOWN OF SPER Prosper is a place where everyone nradters. 1. Call to Order / Roll Call. Mayor Ray Smith called the meeting to order at 6:08 p.m. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, March 22, 2011 at 6:00 p.m. Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor Pro -Tem Meigs Miller, 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 & Zoning Manager; Wade Harden, Senior Parks and Recreation Planner; Trish Eller, Code Compliance Officer; Matthew Garrett, Finance Director, and Karen Gill, Assistant to the Town Manager and Interim Town Secretary. 2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag. The invocation was given by the Reverend Glen Gabbard, Christian Chapel Assembly of God. Announcements of dates and times of upcoming community events. Mike Land announced a Ribbon -Cutting at Frontier Park this Saturday, March 26`h, for the opening of the baseball season. Mike Korbuly, 801 Shadow Hill Drive, Prosper, TX, thanked the Council for their support, and gave an update on PASO. They are in the process of bringing three (3) soccer teams from Frisco to play at Frontier Park this season. They are doing outreach to other nearby communities, and teams have been very impressed with Frontier Park. Mike Korbuly also announced that they had made money for the first time at the concession stand. Proclamation declaring March 20 — 26, 2011 as "Poison Prevention Week" in Prosper. Mayor Smith issued a proclamation, declaring March 20 — 26, 2011 as "Poison Prevention Week" in Prosper. b. Present the Prosper Historical Society with the first Code Compliance Coloring Book which will be preserved with a plastic cover for display in the museum. (TE) Trish Eller, Code Compliance Officer, presented the Prosper Historical Society with the first Code Compliance Coloring Book. Accepting the Coloring Book were Judy Rucker, Joann Slaven, Betty Hughes, and Rebecca Hunter. Judy Rucker thanked Trish Eller, and the Town Council, for their support. She informed the Council that the Historical Society would be providing education to some elementary classes; the first would be on cotton, and its importance to the country and to this region. Page 1 of CONSENT AGENDA I 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 my submit written comments as part of the official record.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (KG) • March 8, 2011 —Town Council Meeting This item was approved as part of the total Consent Agenda. ORDINANCES. RESOLUTIONS. AND AGREEMENTS b. Consider and act upon appointing members to the Town Hall Planning Committee. (ML) This item was approved as part of the total Consent Agenda. C. Consider and act upon an ordinance rezoning 5.2± acres, located on the south side of First Street, 800± feet east of Dallas Parkway (430 Business Park Drive), from Agricultural (A) to Commercial (C). (Z11- 0001). (CC) This item was approved as part of the total Consent Agenda. FINANCIALS d. Consider and act upon the financial statements ending February 28, 2011. (MG) This item was approved as part of the total Consent Agenda. Motion made to approve all items on the Consent Agenda by Deputy Mayor Pro -Tem Meigs Miller, seconded by Mayor Pro -Tem Kenneth Dugger. Approved 7-0. CITIZEN'S COMMENTS (The public is invited to address the Council on an 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 ) 5. Other Comments by the Public. There were no Citizen Comments. D Page 2 of 6 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 items will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council ) PUBLIC HEARINGS Motion made by Mayor Pro -Tem Dugger to open the Public Hearing; second by Council Member Dixon Approved 7 — 0. Public Hearing opened at 6:20 p.m. Mayor Smith recused himself from Agenda Item #6 at 6:21 p.m. because he works for the bank that owns the property listed in Agenda Item #6. 6. A public hearing to consider, act upon, and adopt an ordinance to rezone 244.9E acres, located on the west side of Legacy Drive, 1,000± feet north of Fishtrap Road, from Planned Development -14 -Single Family Village A (PD -14) to Single Family -10 (SF -10). (Z11-0002) (CC) Art Anderson, 5400 Renaissance Tower, 1201 Elm Street. Dallas, TX, stated to Council the his client agrees to everything in the list of "tweaks" offered by the Town's attorney, Richard Abernathy, with the exception of the items listed in an e-mail sent that day. Council Member Dixon had an e-mail with him and asked Mr. Anderson if they were the same document. Mr. Anderson agreed that it was. Council Member Dixon asked him to confirm again that he was agreeing to everything except those items in the e-mail. Mr. Anderson confirmed the statement. Motion made by Mayor Pro -Tem Dugger to close the Public Hearing; second by Council Member Dixon. Approved 6 — 0. The Public Hearing was closed at 6:50 p.m. Motion made by Council Member Dixon to withdraw the zoning request; second by Council Member Wilson. Motion approved 6-0. Mayor Smith rejoined the Council Meeting at 6:51 p.m. 7. A public hearing to consider and act upon a request for a variance to the Sign Ordinance, Section 1.09 (F)(2)(c) regarding the manner of a menu board sign at Prosper Commons, Block A, Lot 1 (2111 E. University Drive), located on 1.5± acres, on the northeast corner of US 380 and Prosper Commons Boulevard. (V11-0001) (CC) Motion made by Mayor Pro -Tem Dugger to open the Public Hearing; second by Council Member Vestal. Approved 7 — 0 Public Hearing opened at 6:54 p.m. No one requested to speak. Motion made by Mayor Pro -Tem Dugger to close the Public Hearing; second by Council Member Vestal. Approved 7 — 0 Public Hearing closed at 6:54 p.m. Mayor Pro -Tem Dugger asked Chris Copple, Planning & Zoning Manager, if there would be another sign board located before the order window sign board. Mr. Copple stated that there would not be another board, as the required stacking distance of 100 feet could not be met without stacking into the fire lane. Page 3 of 6 Several Council Members questioned the design of the sign board, and whether additional screening would be added. Mr. Copple stated that existing plantings should grow to a height sufficient to screen the drive-through lane and minimize visibility of the menu board from U.S. 380. Hulon Webb, Director of Development Services/ Town Engineer, stated that purpose of this variance was only to allow the sign board to be mounted on the wall of the building, instead of on a pedestal supported from grade as required by ordinance. "There is no room at the facility to install the sign board on a pedestal, as it would block the drive-through lane. Additionally, the actual sign design would have to be submitted to permitting, and was separate issue from the variance request. Motion to approve a variance to Section 1.09 (F)(2)(c) of the Sign Ordinance, regarding the manner of a menu board sign at Prosper Commons, Block A, Lot 1 (21 I 1 E. University Drive) and allow the proposed menu board sign to be supported by the wall of the building as shown on Exhibit B made by Council Member Benefield; second by Mayor Pro -Tem Dugger. Approved 7 — 0. At 7:08 p.m., Deputy Mayor Pro -Tem Miller excused himself from the remainder of the Council meeting. DEPARTMENT ITEMS 8. Consider and possible action regarding participation in the Tree North Texas program. (WH) Wade Harden, Senior Parks & Recreation Planner, introduced the Council to the Tree North Texas program, which is the largest tree planting initiative in the nation, with a plan to plant 3 million trees in North Texas during the next 10 years. Prosper's goal would be 18,000 trees, to include existing trees, trees to be planted as median landscape projects, public parks, private parks, and citizens planting trees on private property. Motion made to approve by Council Member Benefield; second by Council Member Vestal. Approved 6 — 0. 9. Consider and act upon improvements to Frontier Park. (WH) Wade Harden, Senior Parks & Recreation Planner, presented Council with three proposals for a security system at Frontier Park and recommended the SNC system. He also recommended the Thor lightning detection system. Council had several questions about both systems, such as the number of cameras, motion -detection vs. infrared cameras, quality of video, and who would have access to any video. Mike Korbuly, Vice -President of SNC Systems, was present and he answered many of the Council's questions. Total cost of both systems is $32,247, to be paid for using the 2008 Bond. Motion to approve made by Council Member Vestal; seconded by Council Member Benefield. Approved 6 — 0. 10. Consider and act upon a resolution rescinding Resolution No. 11-012, rejecting the 2009-2010 Financial Audit as presented on February 8, 2011 and accepting the corrected 2009-2010 Financial Audit. (MG) Matthew Garret, Finance Director, informed Council that shortly following the passage of Resolution No. 11-012, Town staff discovered several schedule discrepancies in the reporting of the Fund Balance. Further review found unannotated restatement of the beginning fund balance on one of the statements. After several meetings, staff and the auditing firm were able to reconcile the discrepancies and correct any previous misstatements and typos. Motion to approve made by Council Member Wilson; seconded by Council Member Benefield. Approved 6 — 0. Page 4 of 6 11. Consider and discuss accepting credit card payments and imposing a convenience fee to offset the cost of providing those services. (MG) Matthew Garrett, Finance Director, asked Council to consider and discuss accepting credit card payments and imposing a convenience fee to offset the cost of providing those services. The Utility Billing Department receives many requests to set up new utility service, or to pay for monthly utility bills via credit card. Mr. Garrett stated that when calls escalated to him, he would ask the caller if they would be willing to pay a fee for the service. In most cases, the answer was "no". Mr. Garrett had researched some cities in the area that accept credit card payments, and found that if the charge were passed on to the resident, about 20% of the city's customers took advantage of the system. When there was no charge to the resident for the service, use increased to 30% of customers. Mr. Garrett identified a software system that would fully integrate with the current utility billing system. He would repurpose an existing server for the software. Council directed Staff to put an ordinance on the next Agenda 12. Consider and act upon a resolution reviewing, updating and adopting the Town's Investment Policy and Investment Strategy. (MG) Matthew Garrett, Finance Director, requested that Council consider and act upon a resolution reviewing, updating, and adopting the Town's Investment Policy and Investment Strategy. He addressed several questions from Council, explaining that the change in investment strategy would allow the Town to invest funds for longer intervals. He stressed that he would not tie up huge sums of money in long term investments, as the Town needed liquidity. Motion to approve made by Council Member Benefield; second by Council Member Wilson. Approved 7 — 0 13. Consider and act upon appointing members to the Prosper Community Board. (ML) The Prosper Community Board was created by the Town Council on January 25, 2011 (Resolution 11-015). At this time potential Board members have been contacted and have agreed to serve on the Board, should the Town Council select them. A drawing was held to determine one year and two year terms. The selected Board Members and their respective terms are: Two Year Term: Jim Floyd, John Hickey, Linda Guthrie, Terri McCutcheon, Jean Beaty. One Year Term: Travis Sims, Shawn Clayton, Kerry Harrington, Darin Riggs. Motion to approve made by Council Member Benefield; second by Mayor Pro -Tem Dugger. Approved 6 — 0. EXECUTIVE SESSION Mayor Smith had already recused himself from Agenda Item #6 at 6:21 p.m. because he works for the bank that owns the property listed in Agenda Item 46. He remained recused for the Executive Session. Council Member Vestal made a motion to recess into Closed Session; second by Council Member Dixon. Page 5 of 6 Recessed into Closed Session at 6:26 p.m. 14. Recess into Closed Session in compliance with §551.001, et..seq., Texas Government Code, to wit; i. Section 551.071. Receive general legal advice regarding Town -initiated rezoning of 244.9± acres, located on the west side of Legacy Drive, 1,000± feet north of Fishtrap Road, from Planned Development -14 -Single Family Village A (PD -14) to Single Family -10 (SF -10). (Z11-0002) Motion by Deputy Mayor Pro -Tem Miller to reconvene into Open Session; second by Council Member Wilson. Approved 6 — 0. Open Session resumed at 6:50 p.m. No action was taken as a result of the Closed Session. 15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council Member Vestal requested that Staff review the Town's noise ordinance, specifically the decibel (dB) issue and specific measurement. He feels the current ordinance is too vague, and would like more information at the next Council Meeting. 16. Adjourn. Motion to adjourn made by Mayor Pro -Tem Dugger; second by Council Member Dixon. Approved 6 — 0. Meetin�.adjddWdpt4:1l P.M. i q Inteem}i TcV)giSSecretar�%� `Aoil IIlilt\\\1 LI Page 6 of6 Ray'Smith, l Iayor Y i