01.10.2012 Town Council Minutes1
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TOWN OF
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MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, January 10, 2012 at 6:00 p.m.
1. Call to Order and Roll Call was given by Mayor Smith at 6:00 p.m.
Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor
Pro Tem Meigs Miller; Dave Benefield, Danny Wilson, Curry Vogelsang Jr. and Jason Dixon.
Council Member(s) absent: None
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary;
Hulon Webb, Director of Development Services; Chris Copple, Planning Director; Wade
Harden, Parks & Recreation Manager; Matthew Garrett, Finance Director.
2. Pastor Michael Gilton with St. Paul Church gave the Invocation. The Pledge of allegiance and
the pledge to the Texas Flag were given.
3. Announcements of dates and times of upcoming community events — Development Director
Hulon Webb announced a public meeting with Tiseo Paving regarding First and Coit Street will
be held January 19, 2012 at Rogers Middle School at 6:30 p.m. Parks and Recreation Manager
Wade Harden announced that the Trout Derby will be held January 21s' at Frontier Park.
Planning Director Chris Copple reminded everyone of the upcoming Comprehensive Plan
Town Hall Meeting set for February 13, 2012 at Prosper High School beginning at 6:30 p.m.
4. 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.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
4a. Consider and act upon minutes from the following Council meeting(s) (AP)
• December 13, 2011 — Regular Town Council Meeting
4b. Consider and act upon the November 2011 monthly financial statements. (MG)
4c. Consider and act upon 1) an award of bid to Vessells Construction 2) enter into a
contract agreement with Vessells Construction regarding the construction services for
the SH 289 Utility Relocations Project and 3) adopt Resolution No. 12-73 authorizing
the Town Manager to execute the same. (MB)
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Mayor Pro Tem Dugger made a motion to approve Consent Agenda Items 4a, 4b, 4c, as
presented. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of
7-0.
5. 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.)
Other Comments by the Public — There was no one present that wished to speak.
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. A public hearing to consider and act upon a request to rezone 3.0± acres, located 750± feet east
of Dallas Parkway and 650± feet south of First Street, from Agricultural (A) to Planned
Development -Commercial (PD -C). (Z11-0012). (CC) Planning Director Chris Copple briefed
Council regarding the case. Mr. Copple noted that the applicant is requesting five
different variances: Side and rear yard setbacks for open storage areas, open storage
screening, paving materials in the open storage area, greenhouses, and perimeter landscaping.
Property owner Eric Hover briefed Council regarding is intent to develop this site for his
Avant -Garde Organics Business, which consists of wholesale distribution of Organic Home and
Garden Products, online retail sales, and residential and commercial "Easy Garden" installation
and service.
Council Member Wilson made a motion to open the Public Hearing. Motion was seconded by
Council Member Benefield. Motion approved by vote of 7-0.
There was no one present to speak in support and/or opposition to the public hearing. Mayor
Pro Tem Dugger made a motion to close the public hearing. Motion seconded by Council
Member Wilson. Motion approved by vote of 7-0.
After discussion, Deputy Mayor Pro Tem Miller made a motion to approve a request to
rezone 3.0± acres, located 750± feet east of Dallas Parkway and 650± feet south of First
Street, from Agricultural (A) to Planned Development -Commercial (PD -C). Motion seconded
by Council Member Wilson. Motion approved by vote of 7-0.
7. A public hearing to consider and act upon a request to rezone 3.5± acres, located on the south
side of Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to Planned
Development -Retail (PD -R). (Z11-0013). (CC) Planning Director Chris Copple briefed
Council that the applicant has requested the public hearing be open and extended to the
January 24, 2012 Town Council Meeting.
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Deputy Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion
seconded by Council Member Vogelsang. Motion approved by vote of 7-0.
There was no one present to speak in support and/or opposition of the public hearing. Mayor
Pro Tem Dugger made a motion to extend the public hearing to the January 24, 2012 Town
Council Meeting. Motion seconded by Council Member Benefield. Motion approved by vote
of 7-0.
Agenda Item 8 was pulled from Regular Agenda and moved to Executive Session.
EXECUTIVE SESSION
Mayor Pro Tem Dugger made a motion to move Agenda Item 8 to Executive Session at 6:28
p.m. and recess into Closed Session in compliance with Section 551.001 et. seq. Texas
Government Code, to wit; and Section 551.071 Meeting with City Attorney regarding a
matter(s) in which the duty of the City Attorney under the Texas Disciplinary rules of
Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act
regarding:
8. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property
regarding park land dedication and park improvement fee requirements for a portion of
the Brookhollow Development.
10a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvement projects.
10b. Section 551.087. To deliberate regarding Economic Development Incentive for properties
located south of Fishtrap/First St., west of Coit Rd., east of FM 1385 and north of Highway
380.
10c. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0.
Council Member Wilson made a motion to reconvene into Regular Session at 7:05 p.m.
Motion seconded by Council Member Vogelsang. Motion approved by vote of 7-0. No action
was taken as a result of Executive Session.
Council skipped to Agenda Item 9.
DEPARTMENT ITEMS
9. Consider and act upon the expenditure of Park Improvement Funds for the purchase and
installation of a pavilion at Frontier Park.
Mayor Pro Tem Dugger made a motion to table this item to the January 24, 2012 Meeting.
Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
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Council skipped to Agenda Item 11.
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Mayor
Smith asked staff to bring any proposed amendments recommended by the Parks & Recreation
Board to Council.
12. Adjournment — Mayor Pro Tem Dugger made a motion to adjourn at 7:11 p.m. Motion
seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0.
CERTIFICATION
1, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper,
Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted at least 72 hours before said meeting was
convened.
Amy Piukana, TRMC
Town Secretary
Date Notice Posted Date Notice Removed
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government
Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require
that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any
subsequent action, as a result of this Executive Session, will be taken and recorded in open session.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who
plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large
print, are requested to contact the Town Secretary's Office at (972) 569-1013. BRAILLE IS NOT AVAILABLE.
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Amy M. PiukAd, RMC
Town Secretary
APPROVED:
Ray Smit Mayor
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