07.26.2011 Town Council MinutesI,-OWN OF
PKUSPER
Prosper is a place where everyone nialters.
1. Call to Order / Roll Call.
Mayor Smith called the meeting to order at 6 p.m.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, July 26, 201 l at 6:00 p.m.
Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor Pro -Tem
Meigs Miller, Danny Wilson, Curry Vogelsang Jr., Dave Benefield and Jason Dixon.
Council Member(s) absent: None
Staff present included: Amy Piukana, Town Secretary, Hulon Webb, Director of Development Services;
Chris Copple, Planning & Zoning Manager, Matthew Garrett. Finance Director; Wade Harden, Senior
Planner Parks & Recreation.
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
The invocation was given by Council Member Wilson. The pledge of allegiance and pledge to the Texas
Flag was given.
3. Presentation of Certificates of Appreciation to Bond and Charter Committee Members.
Mayor Ray Smith presented Certificates of Appreciation to the following Bond Committee Members: Reno
Jones; Terri McCutcheon; Sara Fitzhugh; Robert Wierschem and Chris Blair. Mayor Smith also recognized
Chris Blair for his years of service on the Planning and Zoning Commission. Mayor Smith presented the
following Charter Commission Members a Certificate of Appreciation: Barbara Newell; Kelly Cooper and
Betty Hughes.
4. Presentation by Sarah Felan regarding Clothe a Child Program.
Sarah Felan presented a brief video clip regarding the Clothe a Child Program. She explained the program is
intended to address clothing needs of the economically disadvantaged and through partnerships with Frisco,
Little Elm & Prosper ISDs, Churches, area businesses and Kohl's. The program's goal is to clothe 2,000
children. At least 1,250 volunteers are needed. Miss Felan urged citizens to visit the following website
wwNv.clotheachildfrisco.com for further information.
5. Announcements of dates and times of upcoming community events. None given.
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.)
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6. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (AP)
i
• July 12, 2011 — Regular Town Council Meeting
b. Consider and act upon the financial statements ending June 30, 2011. (MG)
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
C. Consider and act upon Resolution No. 11-54, authorizing individuals named in the resolution to
endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on
deposit with Independent Bank and exercise all of the powers listed in the resolution. (MG)
d. Consider and act upon Ordinance No. 11-51, rezoning 47.7± acres, located on the south side of
Fishtrap Road, 1,400± feet east of F.M. 1385, from Agricultural (A) and Planned Development -40
(PD -40) to Planned Development -Single Family (PD -SF). (Z11-0008). (CC)
e. 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)
L Consider and act upon a proposal from Leathers & Associates for professional services for Windmill
Playground. (WH)
g. Consider and act upon Ordinance No. 11-50 authorizing the Mayor to sign a Water and Sewer
Developer Participation Agreement between the Town of Prosper, Forest City Prosper Limited
Partnership and Prosper Partners, L.P., for a Developer Participation Agreement related to the
construction of certain water and sewer infrastructure. (ML)
Deputy Mayor Pro -Tem Miller moved to approve Consent Items 6a.- 6g., as presented. Motion seconded by
Council Member Vogelsang. Motion approved by vote of 7-0.
CITIZEN'S 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.)
7. Other Comments by the Public — Resident Amy Mosier spoke regarding her concern with the speed
limit along Preston Road. She explained her daughter was recently involved in a tragic accident on Preston
Road and asked Council to consider reducing the speed limit to create safer driving conditions.
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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 item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
PUBLIC HEARING
S. A public hearing to consider and act upon a request to rezone 9.6± acres, located on the west side of
Coit Road, 200± feet south of Frontier Parkway, from Single Family -15 (SF -15) to Planned Development -
Single Family (PD -SF). (Z.11-0009). Planning and Zoning Manager Chris Copple briefed Council regarding
the public hearing noting the applicant has met with representatives from Highland Meadows Home Owner's
Association and is requesting postponement of the public hearing to allow additional time to review and
address the comments received.
Mayor Pro -Tem Dugger moved to table the Public Hearing and rezone request to the August 23, 2011 Town
Council Meeting. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
9. A public hearing to consider and act upon an amendment to the Town's Thoroughfare Plan (Section
13 of the Town's Comprehensive Plan) revising the alignment of F.M. 1385, Gee Road, and Fishtrap Road.
(CAI I-0001). Development Director Hulon Webb briefed Council regarding an amendment to the Town's
Thoroughfare Plan. Mr. Webb explained that the purpose of this amendment is to revise the alignment of
F.M 1385, Gee Road, and Fishtrap Road to provide a direct connection from FM 423 in Frisco to F.M. 1385
in Prosper.
Mayor Pro -Tem Dugger moved to open the public hearing. Motion seconded by Deputy Mayor Pro -Tem
Miller. Motion approved by vote of 7-0.
The following citizens were present in support and/or opposition to the proposed case:
Cheryl Williams, 2611 Forest Grove Drive, Prosper, Texas spoke against the proposed Thoroughfare Plan
and asked Council to consider a 950 ft. radius instead of the 1400 ft. radius which in her opinion negatively
impacts homeowners by eliminating two homes.
Mike Smith, 2004 Dove Creek Circle, Aubrey, Texas spoke against the proposed Thoroughfare Plan due to
the negative impact on property owners.
Developer John Rose, 4215 Walnut Hill, spoke in favor of the Thoroughfare Plan explaining the concept
plans submitted met all Town specifications and code requirements. He asked that Council wait to specify
the required radius until after engineering studies are completed.
Mardy Brown, 4300 Sigma Road Suite 100, Dallas, Texas spoke representing Texas Development Services
and asked that the Thoroughfare Plans be built to TXDOT standards. He asked that a note be on all drawings
safeguarding citizens and minimizing negative impacts to property owners.
Mayor Pro -Tem Dugger moved to close the public hearing. Motion seconded by Deputy Mayor Pro -Tem
Miller. Motion approved by vote of 7-0.
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Council asked staff questions regarding traffic studies, radius limits, right of way issues and impacts to
property owners.
After discussion, Deputy Mayor Pro -Tem Miller moved to approve the amendment to the Town's
Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan) revising the alignment of F.M. 1385,
Gee Road, and Fishtrap Road as presented, subject to Town Staff looking to minimize the impact to residents
as much as possible, designing the alignment in a safe manner, and directing Town staff to work with Texas
Department of Transportation (TxDOT) to get the roadway on TxDOT's system. Motion seconded by
Council Member Wilson. Motion approved by vote of 7-0.
10. A public hearing to consider and act upon a request to rezone 39.4± acres, located on the north side of
Fishtrap Road, 500± feet east of existing F.M. 1385, from Planned Development -5l -Retail (PD -51- R)
and Agricultural (A) to Planned Development -Retail (PD -R). (Z11-0007). Planning and Zoning Manager
Chris Copple briefed Council regarding the proposed rezone request noting that the Concept Plan does not
set the radius of the Thoroughfare Plan.
Deputy Mayor Pro -Tem Dugger moved to open the public hearing. Motion seconded by Council Member
Vogelsang. Motion approved by vote of 7-0.
The following citizens were present in support and/or opposition to the proposed case:
Mike Smith, 2004 Dove Creek Circle, Aubrey, Texas spoke against the proposed Thoroughfare Plan due to
the negative impact on property owners, but does support the rezoning of the 39.4± acres.
Cheryl Williams, 2611 Forest Grove Drive, Richardson, Texas, representing Fishtrap property owners spoke
in opposition of the Thoroughfare Plan and asked Council to make a strong statement and specify in the
minutes and plans to reduce the radius to 950 ft. or make that radius be the starting point in order to protect
existing homes and minimize negative impacts.
Developer John Rose, 4215 Walnut Hill, spoke in favor of the Thoroughfare Plan explaining the plans were
initially drawn to meet all Town specifications and prefers to wait on radius specifications until Engineering
studies are completed.
Mardy Brown, 4300 Sigma Road Suite 100, Dallas, Texas spoke representing Texas Development Services
and asked that the Thoroughfare Plans be built to TXDOT standards. He asked that a note be added on the
Exhibits protecting land owners.
Deputy Mayor Pro -Tem Miller moved to close the Public Hearing. Motion seconded by Mayor Pro -Tem
Dugger. Motion approved by vote of 7-0.
After discussion, Council Member Benefield moved to approve a request to rezone 39.4± acres, located on
the north side of Fishtrap Road, 500± feet east of existing F.M. 1385, from Planned Development -5l -Retail
(PD -51-R) and Agricultural (A) to Planned Development -Retail (PD -R), subject to:
• Town Council's approval of an amendment to the Town's Thoroughfare Plan revising the alignment
of FM 13 85, Gee Road, and Fishtrap Road (CAI 1 -000 1)
• Removing mini-warehouse/public storage (including standards in Section 1.9 of Exhibit C) and
indoor gun range from the permitted uses listed in Section 1.2 of Exhibit C.
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Adding the following note to Exhibits A and D; "The thoroughfare alignment shown on this exhibit
are for illustration purposes and do not set the final alignment. Town staff will work with TxDOT to
consider a radius of 950 feet that meet's TxDOT's design criteria to reduce the impact on
surrounding properties, while designing the alignment in a safe manner. The alignment is determined
at the time of final plat. "
Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
DEPARTMENT ITEMS
11. Discussion by Catherine Nordon regarding a Community Garden.
Catherine Nordon had to leave the meeting and was unable to present the Community Garden project.
Resident Anne Lieber filled out a request to speak card and spoke in favor of a Community Garden as long
as it was privately funded.
12. Consider and act on Ordinance No. 11-49 amending annual alarm fees to defray software and data
entry costs as well as provide new billing options to include a fee through Utility Billing. Police Chief Kirk
McFarlin briefed Council regarding the proposed Ordinance amending residential alarm permit fees from
$25's to $36's and for commercial fees from $25's to $48's. He explained that residents would have the
option to be billed through the Utility Billing System for ease of monthly payments or a one-time payment
annually would be the second option. Chief McFarlin explained that the proposed fee increase aligns with
comparable surrounding jurisdictions regarding alarm permit fee schedules.
Mayor Pro -Tem Dugger moved to approve Ordinance No. 11-49 amending annual alarm fees to defray
software and data entry costs as well as provide new billing options to include a fee through Utility Billing.
Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
13. Consider and act upon Ordinance No. 11-52, an Ordinance amending the Comprehensive Parks
Ordinance. Senior Parks and Recreation Planner Wade Harden briefed Council regarding the proposed
Ordinance.
Deputy Mayor Pro -Tem Wilson moved to approve Ordinance No. 11-52, an Ordinance amending the
Comprehensive Parks Ordinance, as presented. Motion seconded by Council Member Benefield. Motion
approved by vote of 7-0.
14. Adjournment- Deputy Mayor Miller moved to adjourn the meeting at 8:23 p.m. Motion seconded by
Council Member Benefield. Motion approved by vote of 7-0.
Ray Smith Mayor
ATTEST:
Amy M. Pi pna, Town Secretary
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