01.24.2012 Town Council Minutes1
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TOWN OF
SPER
Prosper is a place where everyone matters.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, January 24, 2012 at 6:00 p.m.
1. Call to Order and Roll Call was given by Mayor Smith at 6:03 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.
4. Mayor Smith read a proclamation declaring February 7-14, 2012, as Congenital Heart Disease
Awareness Week.
5. Mayor Smith presented a certificate of appreciation to Mitchell Cordy for work completed at
Boyer Park.
6. Town Manager Mike Land presented a Power Point presentation regarding future Water
Conservation efforts for Town of Prosper. The presentation contained detailed information
regarding the contract with North Texas Municipal Water District, the average winter and
summer daily water usage, reduction goals, Stage 3 & Stage 4 impact on customers, private
water wells, park impacts and the Town's strategy and compliance. This item was discussed
and no action was taken as a result.
7. Chris Ekrut with J. Stowe & Co. LLC, gave a Power Point presentation regarding possible
future Water Rate Structures for Phase 3 and Phase 4 Drought Water restrictions. The
presentation contained information regarding the North Texas Municipal Water District
conservation measures, Prosper's conservation measures, current consumption estimates, utility
revenue impacts and policy decisions to consider. This item was discussed and no action was
taken as a result.
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8. 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
8a. Consider and act upon minutes from the following Council meeting(s) (AP)
• January 10, 2012 — Regular Town Council Meeting
8b. Consider and act upon an Encroachment on Easement Agreement within the limits of
the Wilson Creek Sewer Interceptor Project, by and between Oncor Electric Delivery
Company and the Town of Prosper. (MB)
8c. Consider and act upon Ordinance No. 12-03 rezoning 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)
8d. Consider and act upon directing Town staff to initiate the process to amend Chapter 4,
Section 4.2(F) of the Town's Zoning Ordinance regarding the minimum size of
enclosed parking spaces in residential zoning districts. (Z12-0002). (CC)
8e. Consider and act upon Resolution No. 12-03 authorizing participation with
TexPool/TexPool Prime and designating authorized representatives. (MG)
8f. Consider and act upon the December 2011 monthly financial statements. (MG)
Deputy Mayor Pro Tem Miller made a motion to approve Consent Items 8a -8f., as
presented. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7- 0.
9. 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.)
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PUBLIC HEARINGS
10. 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). Planning Director Chris Copple briefed Council
regarding this item. Applicant Matthew Alexander representing Blue Star Land Group gave
a Power Point presentation. The applicant is proposing to rezone the property in order to
utilize the existing buildings on the property as mini warehouse with a caretaker's residence.
He noted that a private drain and drainage swell would be installed to address any current or
future drainage issues.
Mayor Pro Tem Dugger made a motion to continue the Public Hearing from the previous
January 10, 2012 Town Council Meeting. Motion seconded by Council Member Benefield.
Motion approved by vote of 7-0.
There were no citizens present in support and/or opposition to the case.
Mayor Pro Tem Dugger closed the Public Hearing. Motion seconded by Council Member
Wilson. Motion approved by vote of 7-0.
Council Member Dixon made a motion to approve a request to rezone 3.5t acres, located on
the south side of Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to
Planned Development -Retail (PD -R) with the following variances:
(1) Planting the required six foot tall eastern red cedars in a staggered pattern along the
southern property line;
(2) Limiting the mini -warehouse hours to no later than 8 p.m.
Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
11. A public hearing to consider and act upon Resolution No. 12-01 entering into an exclusive
franchise agreement with IESI for Solid Waste and Recycling Services, authorizing the Town
Manager to execute the same. Finance Director Matthew Garrett briefed Council regarding the
agreement. Mr. Garrett explained that the contract presented is a renewal of solid waste
services with a fee increase of 5% which will be locked for three years. He noted that
several service options are being considered such as two monthly bulk services and green
waste programs are being discussed.
Mayor Pro Tem Dugger made a motion to open the Public Hearing. Motion seconded by
Council Member Wilson. Motion approved by vote of 7-0.
There were no citizens present in support and/or opposition to the case.
Council Member Wilson made a motion to close the Public Hearing. Motion seconded by
Council Member Vogelsang. Motion approved by vote of 7-0.
Council Member Wilson made a motion to approve entering into an exclusive franchise
agreement with IES1 for Solid Waste and Recycling Services, authorizing the Town Manager to
execute the same. Motion seconded by Council Member Dixon. Motion approved by vote of
7-0.
DEPARTMENT RELATED ITEMS
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12. Consider and act upon Ordinance No. 12-02, amending Section 4B of the Comprehensive
Parks Ordinance. Parks and Recreation Manager Wade Harden briefed Council regarding
the proposed Ordinance amendments. He noted the Ordinance amendments would include a
minimum of five (5) members of the Parks and Recreation Board shall be a resident of
Prosper, and that two (2) members out of the seven (7) member board are not required to be a
resident of Prosper, but must reside within the Prosper Independent School District or reside
within Prosper's extraterritorial jurisdiction.
After discussion, Mayor Pro Tem Dugger made a motion to approve Ordinance No. 12-02,
amending the Section B to read: Two (2) of the seven (7) members are not required to be a
resident of Prosper, but must:
(1) Be an owner of a business located within Prosper's town limits; and
(2) Residence within the Prosper Independent School District; or
(3) Residence within Prosper's extraterritorial jurisdiction. The members shall serve at the
pleasure of the Town Council and may be removed at the discretion of the Town
Council.
Motion seconded by Council Member Benefield. Motion approved by vote of 6-1, Council
Member Wilson voting against.
13. Consider appointing a member to the Parks and Recreation Board position. Parks and
Recreation Manager Wade Harden briefed Council regarding a vacant position on the Parks
and Recreation Board.
Deputy Mayor Pro Tem Miller nominated Barbara Newell to the Parks and Recreation Board.
Council approved Barbara Newell by vote of 7-0.
14. Consider and act upon the expenditure of Park Improvement Funds for the purchase and
installation of a pavilion at Frontier Park. Development Director Hulon Webb presented a
brief Power Point presentation showing the Master Plan for Frontier Park, design of the
pavilion, floor plan, quotes, design of restrooms and the standard form of agreement for
American Parks.
After discussion, Council Member Wilson made a motion to approve the expenditure of Park
Improvement Fees in an amount not to exceed $239,104 for the purchase and installation of a
pavilion at Frontier Park and not to exceed $100,000 for the purchase and installation of a
restroom facility. Motion seconded by Council Member Benefield. Motion approved by vote
of 7-0.
15. Consider and act upon Ordinance No. 12-01, amending Section 104.9 (Approved Material and
Equipment) of Exhibit "A" of Ordinance Nos. 09-037 and 09-038 (International Residential
Code and International Building Code), regarding the construction and maintenance of fences.
Building Official Wayne Snell briefed Council regarding the proposed ordinance amendments.
Mr. Snell explained that Ordinance Amendment is to provide safeguarding of the health and
property hazards that may arise from improper construction and maintenance of fences.
The following citizens filled out a speaker request form:
Kelly Cooper - Spoke in opposition with concerns regarding the restrictions of wood
material requirements.
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Mike McClung — Spoke in support of the proposed ordinance stating the LaCima Homeowner's
Association fully supports the proposed Ordinance Amendment and stated he prefers the Town
adopt a uniform fence standard establishing requirements for maintenance and construction of
fences.
Deputy Mayor Pro Tem Miller made a motion to table this item to the February 14, 2012 Town
Council Meeting. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of
7-0.
16. EXECUTIVE SESSION — Council skipped this item.
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:
16a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvement projects.
16b. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
DEPARTMENT ITEMS
17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. After
discussion, Council Member Wilson asked that a cost study be performed analyzing the
Town's recycling usage. He asked that more education and recycling programs be
available to residents.
18. Adjournment — Mayor Pro Tem Dugger made a motion to adjourn at 8:22 p.m. Motion
seconded by Council Member Benefield. Motion approved by vote of 7-0.
APP OVEV: _ 1
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Ray Smith, Mayor
ATTEST:
Amy M. Piuk na, ' RMC
Town Secretary W
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