04.12.2011 Town Council Minutes1
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PIOWN OF
SPER
1. Call to Order / Roll Call.
Mayor Ray Smith called the meeting to order at 6:08 p.m.
Roll call was taken by Mayor Smith,
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, April 12, 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, and Jason Dixon.
Council Member absent: Danny Wilson
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services;
Chris Copple, Planning and Zoning Manager; Matthew Garrett, Finance Director; Trish Eller, Code
Compliance Officer; Kirk McFarlin, Police Chief; Karen Gill, Assistant to Town Manager; and Amy
Piukana, Town Secretary.
Invocation, Pledge of Allegiance to the United States Flag, and Salute to the Texas Flag.
The Invocation was given by Pastor John Fowler, Prosper Presbyterian Church.
Mayor Smith led the Pledge of Allegiance and Salute to the Texas Flag.
3. Announcements of dates and times of upcoming community events.
Town Manager Mike Land announced Stage I Water Conservation measures would begin April 19, 2011.
He also announced that Frontier Park will host an end of the year tournament and community celebration
at the Frontier Park grand opening on June 11, 2011 and the Chamber of Commerce Founders Day
Festival is being held on May 21" and May 22nd. The Community Playground Design Day is happening
on May 31, 2011 with the unveiling of the design of the children's new playground occurring that
evening at the Prosper High School. The Prosper Pooch Party is scheduled for April 30, 2011.
Town Manager Land announced that dumpsters will be located behind Town Hall to allow citizens to
bring debris from the recent storm damage. These dumpsters will be located behind Town Hall for
resident use only. He noted that contractors must obtain a solicitation permit with the Town Police
Department and Roofing Contractor Registration must be done through the Building Inspection
Department prior to work being done. Town Manager Land stated the Fire Department had received
approximately sixty six calls to secure homes after the storm damage and the Police Department increased
patrol. He thanked staff for the quick response and noted that the CTY Emergency phone notification
system worked well; however, some residents received delayed message notification due to the phone
lines being inundated during the storm. Town Manager Land introduced Amy Piukana as the new Town
Secretary. Mayor Smith and Town Manager Land recognized and thanked interim Town Secretary and
Assistant to Town Manager Karen Gill for her assistance with the Town Election preparation.
Regular Town Council Minutes April 12, 2011
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. Consent Agenda
MINUTES
a. Considered and acted upon minutes from the following Council meetings.
• March 22, 2011 — Town Council Meeting
• April 5, 2011 — Special Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Considered and acted upon a resolution appointing Amy Piukana as the Town Secretary, and
rescinding Karen Gill's appointment as Interim Town Secretary.
C. Considered and acted upon changing the starting time of the May 10, 2011 Town Council
Meeting to 7:30 p.m.
d. Considered and acted upon a Resolution amending Resolution No. 11-028, calling a General
Election on May 14, 2011, listing all Early Voting locations, dates, and times.
e. Considered and acted upon an Ordinance amending Ordinance No. 11-025, calling a Special
Charter Amendment Election, to amend Section 8, listing all Early Voting locations, dates, and
times.
E Considered and acted upon a Resolution amending Resolution No. 11-029, calling a Bond
Election on May 14, 2011, listing all Early Voting locations, times, and dates; and approving the
form of the Notice of Bond Election.
Deputy Mayor Pro -Tem Miller moved to approve Consent Items 4a. -f, as presented. Motion
seconded by Council Member Vestal.
Motion approved by vote of 6-0.
CITIZEN'S COMMENTS
(71 he 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.)
5. Other Comments by the Public.
There were no citizen comments.
Regular Town Council Minutes April 12, 2011
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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
6. Mayor Smith announced a public hearing to consider and act upon a request to rezone 1.1f acres,
located on the south side of Prosper Trail, 500± feet west of Preston Road, to amend Planned
Development -46 (PD -46). (Z11-0004). Planning and Zoning Manager Chris Copple briefed
Council Members regarding Integrity Car Care noting that citizens were notified within 200 feet
of the proposed site and staff received five (5) public hearing notice reply forms in opposition to
the request.
After discussion, Council Member Dixon made a motion to open the Public Hearing. Motion
seconded by Mayor Pro -Tem Dugger. Motion prevailed by vote of 6-0.
The following citizens were present in support and/or opposition to the proposed case:
Sara Fitzhugh, 920 Grapevine Court spoke in opposition with concerns of her visibility from her
home of trucks with advertisement, increased noise levels, and her property value being
decreased.
Hotch Van Blarcum, 820 Bridgeport, spoke in opposition with concerns that large parked trucks
with advertisement on them is not in the Town's vision.
Dave Turley, 660 Toledo Bend, spoke in opposition with concerns of this business not being in
the Town's vision, the truck advertisement view, and parking issues.
Bruce Carlin, 921 Grapevine Court, spoke in opposition with concerns of landscaping, noise
levels and suggested contacting and using the neighboring storage center building which would
have more screening.
Richard Wylot, 1011 Ranifstan Drive, spoke in opposition with concerns of large parked trucks
with advertisements on them affecting the view along Prosper Trail and his property being
devalued.
Simon Beahley, Saddle Creek, spoke in opposition with concerns of vehicle placements adjacent
to future restaurant developments.
Corey Christensen, 1321 N. Hwy 377, spoke in support, stating he is developing and investing in
Prosper and feels his development will bring a nice product and tax base. He noted that his plans
have met the Town's signage and landscaping requirements.
Shelly Van Blarcum with Preston Lakes Home Owner's Association spoke in opposition with
concerns of vehicle advertisement and landscaping.
' Council Member Dixon moved to close the public hearing. Motion seconded by Council
Member Vestal. Motion approved by vote of 6-0.
Regular Town Council Minutes April 12, 2011
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After discussion, Council Member Dixon moved to approve the zoning request with the
stipulation that vehicles parked in the landscape areas be allowed during the time limits of 7 a.m.
to 7 p.m. There being no one to second, motion dies for lack of a second.
Deputy Mayor Pro -Tem Miller moved to deny the request to rezone 1.1± acres, located on the
south side of Prosper Trail, 500± feet west of Preston Road, to amend Planned Development -46
(PD -46). (ZI 1-0004). Motion seconded by Mayor Pro -Tem Dugger.
Motion approved by vote of 5-1, Council Member Dixon voting against.
7. The Mayor announced a public hearing to consider and act upon a request to amend Chapter 2,
Section 24.5 (Planned Development District Procedure) of the Town's Zoning Ordinance. (ZI I-
0005.) Planning and Zoning Manager Chris Copple briefed Council Members regarding
procedure for amending only a portion of an existing PD District.
There were no citizens in support and/or opposition to the proposed request. Mayor Pro -Tem
Dugger moved to close the public hearing. Motion seconded by Council Member Vestal.
Motion approved by vote of 6-0.
After discussion, Deputy Mayor Pro -Tem Miller moved to approve amending Chapter 2, Section
24.5 of the Town's Zoning ordinance to add paragraph D. Exhibit A (Z-11-0005). Motion
seconded by Mayor Pro -Tem Dugger.
Motion approved by vote of 6-0. 1
DEPARTMENT ITEMS
S. Discussed the existing Noise Ordinance content and possible amendment to modify allowable
construction hours and/or change definitions of the term "Noise Disturbance". Police Chief
McFarlin briefed Council Members regarding the current Noise Ordinance allowing for 7a.m.-7
p -m. construction times seven days a week and the need to either amend the current ordinance to
restrict weekend construction hours or purchase decibel readers in order to monitor noise levels.
Mayor Pro -Tem Dugger recommended amending the weekend hours and suggests 12 p.m. -7 p.m.
on Sundays. No action was taken; staff will consider drafting an ordinance amendment for
Council review.
Next Agenda Item discussed was Agenda Item 15.
EXECUTIVE SESSION
15. Council Recessed into Closed Session in compliance with Section 551.001 et. seq. Texas
Government Code, to wit; Section 551.071.
a. To receive legal advice related to Prosper Municipal Management District No. 2.
Mayor Pro -Tem Dugger moved to recess at 7:22 p.m. into Executive Session for Agenda Item
No. 15. Motion seconded by Council Member Vestal.
Regular Town Council Minutes April 12, 2011
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Motion approved by vote of 6-0.
Council Member Vestal moved to reconvene into regular session at 8:17 p.m. Motion seconded
by Council Member Benefield.
Motion approved by vote of 6-0.
No action taken. Next Agenda Item discussed is Item No. 12
12. Considered and acted on resolution supporting the creation of Prosper Municipal Management
District #2. Town Manager Mike Land briefed Council Members regarding the highlights of the
proposed legislation noting that a Developer's Agreement between the Town and the District
would need to be drafted by an attorney. Developer Mike Beaty was present to answer any
questions. The Developer is proposing mixed use retail and a multipurpose sports project through
the creation of Prosper Municipal Management District No. 2 on approximately 74 acres located
east of Legacy Drive, south of First Street, north of Hwy 3 80 and west of the Dallas North
Tollway.
After discussion, Council Member Vestal moved to table this item to the April 26, 2011 Town
Council Meeting. Motion seconded by Deputy Mayor Pro -Tem Miller.
Motion approved 6-0.
9. Considered and acted upon an ordinance amending Section 12.01.001 (Definitions) of Article
12.01 (General Provisions) and Section 12.05.002 (Parking Requirements) of Division 1
(Generally) of Article 12.05 (Parking, Stopping, and Standing) of Chapter 12 (Traffic and
Vehicles) of the Code of Ordinances, restricting the on -street and off-street parking of certain
vehicles. Code Compliance Officer Trish Eller gave a brief Power Point presentation showing
front parking regulations and violations.
Council Member Dave Benefield thanked staff in Code Enforcement and Building Inspections for
working with homeowner's on the proposed on and off street parking regulations.
Citizen Anne Lieber spoke in favor of the revised parking ordinance and thanked Code
Compliance and the Town for their cooperation and efforts.
Council Member Benefield moved to approve an ordinance amending Section 12.01.001
(Definitions) of Article 12.01 (General Provisions) and Section 12.05 (Parking, Stopping and
Standing) of Chapter 12 (Traffic and Vehicles) of the Code of Ordinances, restricting the on -
street and off-street parking of certain vehicles. Motion seconded by Council Member Vestal.
Motion approved by vote of 6-0.
10. Considered and acted upon an ordinance authorizing acceptance of credit card payments and
imposing a convenience fee to offset the cost of providing those services. Finance Director
Matthew Garrett presented a brief Power Point presentation listing the benefits of accepting credit
card payments.
After discussion, Deputy Mayor Pro -Tem Miller moved to approve an ordinance authorizing the
acceptance of credit card payment imposing a convenience fee for using the system and
establishing a service charge. Motion seconded by Council Member Benefield.
Regular Town Council Minutes April 12, 2011
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Motion approved by vote of 6-0.
11. Considered and acted upon the appointment of a member to the Planning & Zoning Commission.
Council Mayor Pro -Tem Dugger moved to approve Teresa McCutcheon to the Planning and
Zoning Commission. Motion seconded by Council Member Benefield.
Motion approved by vote of 6-0.
13. Considered and acted upon a request to re-establish single family residential nonconforming
rights at 202 East First Street, pursuant to Chapter 1, Section 7 of the Zoning Ordinance.
Planning and Zoning Manager Chris Copple briefed Council Members regarding property located
at 202 East First Street.
Council Member Vestal moved to approve the re-establishment of a single family residential use
at 202 East First Street, pursuant to Chapter 1, Section 7 of the Zoning Ordinance subject to the
property owner receiving a Certificate of Occupancy (nonconforming) from the Building Official,
which includes passing all required inspections. Motion seconded by Mayor Pro -Tem Dugger.
Motion approved by vote of 6-0.
14. Discussed and provided direction on whether a proposed commercial antenna type (streamline or
slim -line concealed antenna) should be considered a stealth antenna, pursuant to Chapter 3,
Section 1 of the Zoning Ordinance. Planning and Zoning Manager Chris Copple gave a brief
PowerPoint Presentation showing commercial streamline and slimline antenna types.
Deputy Mayor Pro -Tem Miller directed staff to not accept the commercial streamline or slimline
antennas to be defined as a stealth antenna. No further action was taken.
16. Pos�,Obt AloViJown Staff to schedule topic(s) for discussion at future meeting.
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17. yli��o1i�'3mttk �jouthe meeting at 9:12 p.m.
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m aha � Ray Smith, Mayor ,
Town Secretary
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Regular Town Council Minutes April 12, 2011 1/
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I-ISPER WN OF
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1. Call to Order / Roll Call.
The meeting was called to order at 9:13 p.m.
MINUTES
Special Emergency Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W, Broadway, Prosper, Texas
Tuesday, April 12, 2011 following Town Council Meeting
Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor Pro -
Tem Meigs Miller, Dave Benefield, David Vestal, and Jason Dixon.
Council Member absent: Danny Wilson
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development
Services; Chris Copple, Planning and Zoning Manager; Matthew Garrett, Finance Director; Trish
Eller, Code Compliance Officer; Kirk McFarlin, Police Chief; Karen Gill, Assistant to Town
Manager; and Amy Piukana, Town Secretary.
2. In accordance with Section 551.045, Texas Government Code, the Town Council hereby provides
notice that it will conduct an emergency meeting based on a reasonably unforeseeable situation
which relates to the cost of publishing the required information relating to the upcoming Town
Charter Amendment Election in The Dallas Morning News. As such, the Town Council will
consider and act upon a Resolution amending Resolution No. 06-40 to designate The Prosper Press
as the Oficial Newspaper of the Town of Prosper. Town Manager Land briefed Council Members
regarding the cost of using Dallas Morning News verses the more efficient cost of using Prosper
Press as the Official Newspaper,
Mayor Pro -Tem Dugger moved to approve a Resolution amending Resolution No. 06-40 to
designate the Prosper Press as the Town of Prosper official newspaper. Motion seconded by Council
Member Vestal.
Motion approved by vote of 6-0.
There being no further business, Mayor Pro -Tem Dugger moved to adourn the meeting. Motion seconded by
Council Member Vestal.
Motion approved byr vole, AI r
The meeting a*�i Moe A't-9�1. r(
Attest:
AmyPiuka�n`a/%i1
Town Secretary
Page t of t
Ray Smith, M+yor