01.01.2013 Town Council Minutest
_ Minutes
Regular Meeting of the Prosper Town Council
TOWN O F Prosper Municipal Chambers
108 W. Broadway
P . .
RSPE Prosper, TX 75078
Tuesday, January 8, 2013
Council Meeting
6:00 p.m.
1. Call to Order / Roll Call.
Council Members present: Mayor Ray Smith, Deputy Mayor Pro Tem Kenneth Dugger, Council
Member Jason Dixon, Council Member Danny Wilson, Council Member Mike Korbuly, and Council
Member Curry Vogelsang.
Absent: Mayor Pro Tern Meigs Miller
Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary;
Ronnie Tucker, Fire Chief; Matthew Garrett, Finance Director; Hulon Webb, Development Director;
Frank Jaromin, Public Works Director; and Chris Copple, Planning Director.
2. Pastor Michael Gilton with St. Paul Episcopal Church led the Invocation. The Pledge of Allegiance,
and Pledge to the Texas Flag were given.
3. Announcements of upcoming events — No announcements were given.
4. CONSENT AGENDA
Council Member Vogelsang pulled item 4c. off Consent to allow more discussion.
(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.)
4a. Consider and act upon minutes from the following Council meeting(s) (AP)
• Regular Meeting — December 11, 2012
• Special Called Meeting — December 11, 2012
• Special Called Joint Meeting with PEDC — December 19, 2012
• Special Called Meeting — December 20, 2012
• Special Called Meeting — December 31, 2012
4b. Consider and act upon Resolution No. 13-02, recognizing Prosper Little
League (PLL) as a preferred athletic league as per Section 7 of the Town's
Comprehensive Parks Ordinance. (HW)
4d. Consider and act upon a Joint Resolution No. 13-03 with the City of McKinney
requesting the Texas Department of Transportation reduce the prima facie
speed limit on FM 2478 (Custer Road) between US 380 and FM 1461 to 50
miles per hour. (HW)
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4e. Consider and act upon the proposed conveyance of land for a community
park to fulfill the Town's park dedication requirements, as shown on the
preliminary plat of Meadowbrook, being 642 single family residential lots
on 230.0± acres, located on the east side of Coit Road, 800± feet south of
First Street. The property is zoned Planned Development-25 (PD-25).
(D11-0006). (CC)
Deputy Mayor Pro Tern Dugger made a motion to approve Consent Items 4a, 4b, 4d, and 4e, as
presented. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0.
4c. Consider and act upon the monthly Financial Reports. (MG)
Finance Director Matthew Garrett briefed Council regarding this item noting the numbers reflect
unfilled employee positions. After discussion, Council Member Vogelsang made a motion to
approve Consent Item 4c., as presented. Motion seconded by Deputy Mayor Pro Tern Dugger.
Motion approved by vote of 6-0.
Council Skipped to Agenda Item Nos. 9 & 10.
Deputy Mayor Pro Tem Dugger made a motion to recess into executive session at 6:11 p.m.
Motion seconded by Council Member Korbuly. Motion approved by vote of 6-0.
9. 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;
9a. Section 551.074. To deliberate the appointment employment and/or duties of the Town
Manager.
9b. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property
generally located on W. Broadway Street west of Coleman.
9c. Section 551.071. Meeting with the 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 related to the
proposed ordinance relating to, among other things, certain definitions, uses and regulations
pertaining to alcoholic beverages.
9d. 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 Case 4:12-cv-00789-RAS-DDB;
David Lightfoot vs. Town of Prosper, Kirk McFarlin, Gary McHone and Amy Bockes.
10. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session. Council Member Vogelsang made a motion to reconvene into regular session at 7:51
p.m. Motion seconded by Deputy Mayor Pro Tern Dugger. Motion approved by vote of 6-0.
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Deputy Mayor Pro Tern Dugger made a motion to accept the Town Manager Contract with
Harlan Jefferson, and adopt Resolution No. 13-01. Motion seconded by Council Member
Vogelsang. Motion approved by vote of 6-0.
Mayor Smith introduced the new Town Manager of Prosper, Harlan Jefferson. Mr.
Jefferson thanked Council for their support and the opportunity to serve the Town of
Prosper.
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
6. A public hearing to consider and act upon Ordinance 13-01 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. (Z12-0009). (CC) Planning Director Chris Copple briefed Council regarding this item.
Mr. Copple explained that the proposed Ordinance 13-01 is an amendment to the Town's Zoning
Ordinance. Mr. Copple noted that if approved, it allows the Town to update the land use charts and
regulations pertaining to alcoholic beverages.
Deputy Mayor Pro Tern Dugger made a motion to open the Public Hearing. Motion seconded by
Council Member Wilson. Motion approved by vote of 6-0.
There was no one present that wished to speak for and/or against the item. Council Member
Vogelsang made a motion to continue the Public Hearing at the January 22, 2013 Council Meeting.
Motion seconded by Deputy Mayor Pro Tern Dugger. Motion approved by vote of 6-0.
7. A public hearing to consider and act upon a request to rezone 10.5± acres, located on the north side
of Prosper Trail, 2,500± feet west of Dallas Parkway, from Single Family-15 to Planned
Development -Single Family-10 (PD-SF-10). (Z12-0008) (CC) Planning Director Chris Copple
briefed Council regarding this item. Mr. Copple explained the purpose of the rezoning is to provide
an entrance into the future Legacy Crossing (Planned Development-36) subdivision from Prosper
Trail. Mr. Copple noted the Future Land Use Plan (FLUP) recommends Medium Density Residential
uses for the property. The requested Planned Development (PD) District allows for the development
of up to seventeen (17) single family lots, a maximum density of 1.63 dwelling units per gross acre
(du/ac). Mr. Copple explained that the FLUP recommends a density not to exceed 2.5 du/ac in areas
designated for Medium Density Residential, with typical lot sizes between 12,500 to 20,000 square
feet. Mr. Copple noted the PD proposes a minimum lot size of 11,000 square feet to reflect the PD-
36-Type II standards. While the minimum lot size is less than 12,500 square feet, the maximum
density proposed (1.63 du/ac) is significantly less than 2.5 du/ac due to the PD prohibiting single
family residential lots from being located within 750 feet from Prosper Trail. At their November
20, 2012 meeting, the Planning & Zoning Commission recommended the Town Council approve the
request to rezone 10.5± acres, located on the north side of Prosper Trail, 2,500± feet west of Dallas
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Parkway, from Single Family-15 to Planned Development -Single Family-10 (PD-SF-10), by a vote
of 5-0.
Deputy Mayor Pro Tem Dugger made a motion to open the Public Hearing. Motion seconded
Wilson. Motion approved by vote of 6-0.
There were no citizens present in support and/or opposition of the case. Council Member Korbuly
made a motion to close the public hearing. Motion seconded by Council Member Dixon. Motion
approved by vote of 6-0.
After discussion, Council Member Vogelsang made a motion to approve the rezoning request on
10.5± acres, located on the north side of Prosper Trail, 2,500± feet west of Dallas Parkway, from
Single Family-15 to Planned Development -Single Family-10 (PD-SF-10). (Z12-0008) Motion
seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
8. A public hearing to consider and act upon a request to rezone 5.1± acres, located on the southeast
corner of Fishtrap Road and Good Hope Road, from Agricultural (A) to Single Family-10 (SF-10).
(Z12-0010). (CC) Planning Director Chris Copple was present to brief Council regarding this item.
Mr. Copple explained that the applicant acquired the property to include it in the Windsong Ranch
development (PD-40). The applicant submitted a concept plan exhibit to illustrate how the property
may be incorporated into the current Windsong Ranch development. The FLUP recommends a
density not to exceed 2.5 du/ac in areas designated for Medium Density Residential, with typical lot
sizes between 12,500 to 20,000 square feet. Mr. Copple explained that the SF-10 District allows for a
minimum lot size of 10,000 square feet. Mr. Copple noted the Windsong Ranch Planned
Development (PD-40) allows for minimum lot size of 8,000 square feet, but due to open space and
landscape areas, protected floodplain areas, the dedication of land for public parks, school sites, and
other town facilities, the maximum single family density is approximately 1.9 du/ac.
Mayor Pro Tem Dugger made a motion to open the public hearing. Motion seconded by Council
Member Wilson. Motion approved by vote of 6-0.
There were no citizens present in support and/or opposition of the case. Mayor Pro Tem Dugger
made a motion to close the public hearing. Motion seconded by Council Member Korbuly. Motion
approved by vote of 6-0.
Mayor Pro Tem Dugger made a motion to approve to rezoning 5.1± acres, located on the southeast
corner of Fishtrap Road and Good Hope Road, from Agricultural (A) to Single Family-10 (SF-10).
(Z12-0010). Motion seconded by Council Member Korbuly. Motion approved by vote of 6-0.
Mayor Smith skipped to Agenda Item 5.
5. 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 —
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Samantha Dickey with The Initiative Scholarship Foundation passed out information and spoke to
Council inviting them to attend a program benefiting youth health and wellness set for Saturday,
January 19, 2014 at 7 p.m. at the Gentle Creek Country Club. Ms. Dickey explained that the
scholarship foundation was created to help address the problem of childhood obesity in lower socio-
economic populations. Ms. Dickey also expressed interest in partnering with Prosper employees to
create health and wellness program.
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No action was
taken on this item.
12. Adjourn. Deputy Mayor Pro Tern Dugger made a motion to adjourn. Motion seconded by Council
Member Wilson. Motion approved by vote of 6-0.
The meeting adjourned at 8:08 p.m.
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ATTEST:
Amy M. Piukana, C
Town Secretary
APP JVED:
Ray Smith, lylo`r
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