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09.10.2013 Town Council Minutes1<� TOWN OF S.'s P`E. IN NE Prosper is a place where everyone matters. Call to Order/Roll Call. The meeting was called to order at 6:04 p.m. Council Members Present: Mayor Ray Smith Mayor Pro Tern Meigs Miller Deputy Mayor Pro Tem Kenneth Dugger Council Member Michael Korbuly Council Member Curry Vogelsang Council Member Jason Dixon Council Members Absent: Council Member Danny Wilson MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, September 10, 2013 6:00 p.m. Regular Meeting Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary Terrence Welch, Town Attorney Hulon T. Webb, Jr., Executive Director of Development and Community Services Chris Copple, Director of Development Services Kirk McFarlin, Police Chief Baby Raley, Human Resources Director Robert Winningham, PEDC Executive Director 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Doug Kriz led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of upcoming events. Council Member Vogelsang made the following announcements: The Town Council thanked Lighthouse Christian Fellowship and Prosper United Methodist Church for providing the food and drinks at the Community Picnic on September 7, and also thanked all of the Town staff and volunteers who helped make the picnic such a successful event. The public was invited to a ceremony in remembrance of September 11 at the fire station at 7:30 a.m. on Wednesday. On Saturday, September 7, members of the Prosper Fire Department participated in the third annual 9/11 Memorial Stair Climb at the Renaissance Tower in Dallas in honor of the people killed in the attacks. Proceeds from Page 1 of 7 the event help the families of the September 11 victims, fallen firefighters, and police officers. Serve Prosper is a community cleanup event scheduled for Saturday, September 14. Projects will include painting, light repairs, and trash and debris removal at four homes in Prosper. Volunteers will meet at the downtown basketball court at 8:00 a.m. On Monday, September 16, the Town will offer a repeat presentation of a seminar on Rainwater Harvesting and Rain Barrel Construction at the Prosper Community Library at Reynolds Middle School from 6:30-8:30 p.m. On October 1, from 6:00-9:00 p.m., residents are invited to lock their doors, turn on outside lights and spend the evening outside with neighbors and police. National Night Out was created as an effort to heighten awareness and strengthen participation in local anticrime efforts. Contact Officer Marty Nevil at the Prosper Police Department for more information or to schedule a block party. The Prosper Fire Department will host an Open House on Saturday, October 5 from 11:00 a.m.-2:00 p.m. to kick off Fire Prevention Week. The public is invited to come and enjoy hot dogs, water games, and other fun activities with Prosper's firefighters. 4. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 4a. Consider and act upon minutes from the following Town Council meetings. (RB) • Regular Meeting — August 27, 2013 • Special Called Meeting — August 29, 2013 4b. Consider and act upon Ordinance No. 13-47, rezoning 0.5± acre, located on the north side of First Street, 200± feet west of Craig Road (705 E. First Street) from Single Family-15 (SF-15) to Downtown Office (DTO). (Z13- 0012). (CC) 4c. Consider and act upon adopting the FY 2013-2014 Prosper Economic Development Corporation budget. (RW) 4d. Receive the monthly Financial Report for June 2013. (HJ) Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tern Miller seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 6-0. 5. 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 Page 2 of 7 complete a "Speaker Request Form" and present it to the Town Secretary prior to the meeting.) Ann Lieber, 1190 Crooked Stick, Prosper, updated the Council on a meeting she attended at the North Central Texas Council of Governments (NCTCOG) on August 14 regarding transportation, and expressed her concerns about recent legislation that removes local authority from the process of determining the location of toll roads. 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: 6. Conduct a Public Hearing, and consider and act upon a request to rezone 5.0± acres, located on the west side of Preston Road, 400± feet north of Broadway Street, from Commercial (C) to Planned Development -Retail (PD-R). (Z13-0013). (CC) Chris Copple, Director of Development Services, presented this item before the Town Council. The applicant is requesting to rezone the property to allow for three additional retail/office buildings to be constructed in the same manner as the existing buildings. The proposed PD-R regulations include several development standards that vary from straight zoning due to the uniqueness of the property. These standards include requirements for setbacks, permitted uses, parking, exterior building materials, and screening. The proposed buildings reflect the character of Preston Road as described in the 2012 Comprehensive Plan. Town staff has received seven zoning notification reply forms, with six of them in opposition to the request. The Planning & Zoning Commission approved this item at their August 20, 2013, meeting subject to modifications in the landscaping and screening requirements. Town staff received a revised Exhibit D from the applicant that reflects the requested additional landscaping and screening. Town staff recommends approval of this item, with the inclusion of the revised Exhibit D. Council Member Dixon made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to open the Public Hearing. The motion was approved by a vote of 6-0. Cindi Koehn, 620 Creekview Drive, Prosper, requested to speak on this item. After reviewing the revised Exhibit D with the applicant and Town staff, she yielded the floor so that the developer could address the Council. Phil Jobe, the developer of the project, explained that he had met with the Homeowners Association for the area, and had modified the landscaping and screening for the project to address their concerns. Mayor Pro Tern Miller made a motion and Council Member Dixon seconded the motion to close the Public Hearing. The motion was approved by a vote of 6-0. Page 3 of 7 After discussion, Council Member Dixon made a motion and Mayor Pro Tern Miller seconded the motion to rezone 5.0± acres, located on the west side of Preston Road, 400± feet north of Broadway Street, from Commercial (C) to Planned Development - Retail (PD-R), with the inclusion of the recommendations by the Planning & Zoning Commission. The motion was approved by a vote of 6-0. 7. Conduct a Public Hearing, and consider and act upon a request to rezone 135.0± acres, located on the west side of Preston Road, 1,200± feet south of Frontier Parkway, from Agricultural (A) to 127.0± acres of Single Family-12.5 (SF-12.5) and 8.0± acres of Office (0). (Z13-0014). (CC) Chris Copple, Development Services Director, presented this item before the Council. The Future Land Use Plan (FLUP) recommends medium density residential uses south of the floodplain and retail and neighborhood services north of the floodplain. The zoning request conforms to the FLUP with respect to the project's proposed density and lot size. Town staff has received one zoning notification reply form, which is not in opposition to the request. The Planning & Zoning Commission approved this request at its August 20, 2013, meeting. Town staff recommends approval of this item. Mayor Pro Tern Miller made a motion and Council Member Korbuly seconded the motion to open the Public Hearing. The motion was approved by a vote of 6-0. With no one speaking, Mayor Pro Tern Miller made a motion and Council Member Dixon seconded the motion to close the Public Hearing. The motion was approved by a vote of 6-0. After discussion, Mayor Pro Tern Miller made a motion and Council Member Dixon seconded the motion to rezone 135.0± acres, located on the west side of Preston Road, 1,200± feet south of Frontier Parkway, from Agricultural (A) to 127.0± acres of Single Family-12.5 (SF-12.5) and 8.0± acres of Office (0). The motion was approved by a vote of 6-0. 8. Conduct a Public Hearing to consider and discuss the FY 2013-2014 Budget, as proposed. (HJ) Town Manager Harlan Jefferson presented this item before the Town Council. This will be the second Public Hearing on the proposed budget. There are no increased rates or fees in the FY 2013-2014 proposed budget. Council Member Dixon made a motion and Council Member Korbuly seconded the motion to open the Public Hearing. The motion was approved by a vote of 6-0. Irwin "Cap" Parry, 850 Kingsview Drive, Prosper, spoke in favor of the proposed budget. He referenced Mr. Weaver's comments at the previous Town Council meeting regarding the staffing levels of the Police Department. He urged Council to approve a budget for the police force that is appropriate for the needs of the Town. Ann Lieber, 1190 Crooked Stick, Prosper, spoke in favor of the proposed budget. She concurred with Mr. Parry, noting that public safety is a part of infrastructure, and infrastructure should be put in place before moving forward on other projects. Ms. Lieber complimented the Town Council on their efforts. Page 4 of 7 Deputy Mayor Pro Tern Dugger made a motion and Council Member Dixon seconded the motion to close the Public Hearing. The motion was approved by a vote of 6-0. 9. Conduct a Public Hearing to consider and discuss a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 12.29 percent. (HJ) Town Manager Harlan Jefferson presented this item before the Town Council. This will be the eighth year that the Town has not had a tax rate increase. The Town has complied with state law in providing notices of tax revenue increase, though the tax rate itself has not changed. Mayor Smith announced that tonight's Public Hearing is the second of two Public Hearings to discuss the FY 2013-2014 proposed tax rate. The Town Council will vote on both the FY 2013-2014 Proposed Budget and the proposed tax rate at a meeting scheduled on September 24, 2013, at 6:00 p.m., located at the Town of Prosper Municipal Chambers at 108 W. Broadway, Prosper, Texas. Once the Public Hearing is opened, the public is encouraged to express their views. Council Member Dixon made a motion and Council Member Vogelsang seconded the motion to open the Public Hearing. The motion was approved by a vote of 6-0. With no one speaking, Deputy Mayor Pro Tern Dugger made a motion and Council Member Vogelsang seconded the motion to close the Public Hearing. The motion was approved by a vote of 6-0. Mayor Smith skipped to Item 12. 12. 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: 12a. Section 551.087. To discuss and consider economic development incentives. 12b. Section 551.072. To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 12c. Section 551.074. To discuss appointments to the Planning & Zoning Commission, Parks & Recreation Board, Prosper Economic Development Corporation Board, Board of Adjustment, and Construction Board of Appeals. 12d. Section 551.071. Consultation with the Town Attorney regarding legal issues associated with proposed amendments to the Town's zoning ordinance relative to Texas Alcoholic Beverage Code regulations, and all matters incident and related thereto. The Town Council recessed into Executive Session at 6:41 p.m. Page 5 of 7 Council Member Jason Dixon left the meeting at 7:30 p.m. 13. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Regular Session was reconvened at 7:34 p.m. No action was taken as a result of Executive Session. DEPARTMENT ITEMS: 10. Conduct a Public Hearing, and consider and act upon Ordinance No. 13-48, amending Chapter 2, Section 25 (Specific Use Permits); Chapter 3, Section 1 (Use of Land and Buildings) and Section 2 (Definitions); and Chapter 4, Section 4 (Parking Requirements), of the Town's Zoning Ordinance relating to, among other things, certain definitions, uses and regulations pertaining to alcoholic beverages. (Z13-0010). (CC) Chris Copple, Development Services Director, presented this item before the Town Council. The Town Attorney has drafted an amendment to the Town's Zoning Ordinance, updating the Town's land use charts and regulations pertaining to alcoholic beverages. The ordinance has been updated to comply with the Texas Alcoholic Beverage Code. The Planning & Zoning Commission recommended approval of this item at their August 20, 2013, meeting. Town staff recommends approval of this item. Deputy Mayor Pro Tern Dugger made a motion and Council Member Korbuly seconded the motion to open the Public Hearing. The motion was approved by a vote of 5-0. With no one speaking, Mayor Pro Tern Miller made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to close the Public Hearing. The motion was approved by a vote of 5-0. Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tern Miller seconded the motion to approve Ordinance No. 13-48, amending Chapter 2, Section 25 (Specific Use Permits); Chapter 3, Section 1 (Use of Land and Buildings) and Section 2 (Definitions); and Chapter 4, Section 4 (Parking Requirements), of the Town's Zoning Ordinance relating to, among other things, certain definitions, uses and regulations pertaining to alcoholic beverages. The motion was approved by a vote of 5-0. 11. Consider and act upon approving an office lease for municipal offices between MSW Prosper 380, LP, and the Town of Prosper; and authorizing the Town Manager to execute same on behalf of the Town. (HJ) The Mayor recognized the following individual who requested to speak on this item: Irwin `Cap Parry, 850 Kingsview Drive, Prosper, questioned the Council on the purpose , of the lease. The Town Council explained that the lease will allow Town staff to relocate to one location, increasing the efficiency of staff, and that the options to find a solution in the downtown area have been exhausted. The Town Council will continue to look into options for a more permanent location for Town staff. Page 6 of 7 Deputy Mayor Pro Tern Dugger made a motion and Council Member Korbuly seconded the motion to table Item 11. The motion was approved by a vote of 5-0. 14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Deputy Mayor Pro Tern Dugger directed staff to place a discussion item on the next agenda regarding the formation of a committee to determine the location of a fire station on the northeast side of Prosper. 15. Adjourn. Deputy Mayor Pro Tern Dugger made a motion and Council Member Korbuly seconded the motion to adjourn the meeting at 7:46 p.m., on Tuesday, September 10, 2013. The motion was approved by a vote of 5-0. These minutes approved on the 24th day of September, 2013. AT T ST: A Robyn Bgtie, Town Secretary APPROVED: Ray Smit Mayor Page 7 of 7