02.14.2012 Town Council MinutesTOWN OF
SPE
Prosper is a place where ever yone mutters.
EXECUTIVE SESSION
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 14, 2012
Executive Session starts at 5:30 p.m.
Regular Meeting begins at 6:00 p.m.
Council Member Vogelsang made a motion to recess into Executive Session at 5:40 p.m.
Motion seconded by Council Member Wilson. Motion approved by vote of 5-0.
1. 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:
la. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvement projects.
lb. Section 551.087. To deliberate regarding Economic Development Incentive for project
south of Prosper Trail, north of Hwy 380, east of Teel Parkway and west of Custer.
le. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
east of Burlington Santa Fe Railroad, south of Prosper Trail, west of Custer, north of Hwy. 380.
ld. 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. Motion
seconded by Council Member Wilson. Motion approved by vote of 5-0.
Deputy Mayor Pro Tem Miller made a motion to approve a resolution authorizing a
compromise and settlement agreement between Town of Prosper, Texas and Berkley Surety
Group. Motion seconded by Council Member Wilson.
Motion approved by vote of 5-0.
2. Call to Order / Roll Call — Mayor Smith called the meeting to order at 6:14 p.m.
Council present included: Mayor Ray Smith, Deputy Mayor Pro Tem Meigs Miller; Danny
Wilson, Curry Vogelsang Jr. and Jason Dixon.
Council Member(s) absent: Mayor Pro Tem Kenneth Dugger and Council Member Benefield.
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.
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3. Pastor John Fowler gave the Invocation. The Pledge of Allegiance and Pledge to the Texas
Flag was given.
4. Announcements of dates and times of upcoming community events. Mayor Smith announced
February is National Heart Month and encouraged citizens to get a checkup.
5. 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
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
• January 24, 2012 — Regular Town Council Meeting
• January 31, 2012 — Joint Town Council and Planning & Zoning Meeting
5b. Consider and act upon Resolution No. 12-09, authorizing a second amendment to the
preannexation agreement with the Mahard 2003 Partnership, L.P., a Texas limited
■ partnership, and Mahard Egg Farm, Inc., Forest City Prosper Limited Partnership and
the Town of Prosper. (ML)
5c. Consider and act upon the 2011 Racial Profiling Report as required by State Law. (GM)
5d. Consider and act on Resolution No. 12-07, Ratifying the changes made by Dallas
MTA, L.P., d/b/a Verizon Wireless to the previously executed Water Tower agreement
of July 12, 2011, between the Town of Prosper and Dallas MTA, LP d/b/a Verizon
wireless. (FJ)
5e. Consider and act upon Resolution No. 12-06 Suspending the March 6, 2012 requested
rate change of Atmos Energy Corp. Mid -Tex Division and approving cooperation with
Atmos Cities Steering Committee to establish reasonable rates. (MG)
5f. Consider and act upon Resolution 12-05 of Prosper Town Council, Collin and Denton
Counties, Texas, ordering the General Election to be held jointly with the Prosper
Independent School District and administered by the Denton County Elections
Administration on May 12, 2012, for the purpose of electing the positions of Place 2
and Place 6 to the Town of Prosper Town Council to fill expiring terms; designating
polling places; designating locations of polling places; designating filing deadlines;
ordering notices of election to be given as prescribed by law in connection with such
election; and appointing election judges. (AP)
5g. Consider and act upon a proposal from the Prosper Independent School District to
conduct a softball tournament at Frontier Park. (WH)
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5h. Consider and act upon Ordinance No. 12-05 rezoning 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)
5i. 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)
5j. Consider and act upon Resolution 12-04 of the Town Council of the Town of Prosper
ordering two (2) separate Public Hearings for February 28, 2012 and March 13, 2012,
respectively, to be held at Prosper Municipal Chambers, 108 W. Broadway, Prosper,
Texas at 6:00 p.m. to hear the presentation of testimony or evidence regarding the
adoption of three (3) proposed Strategic Partnership Agreements with Denton County
Fresh Water Supply District No. 10., in accordance with Section 43.0751, Texas Local
Government Code, as amended, and applicable law; providing that the terms of the
Strategic Partnership Agreements include limited purpose annexation of portions of
Denton County Freshwater Supply District No. 10; providing for available copies of the
Strategic Partnership Agreements; providing for the notice of said public hearings; and
providing an effective date. (ML)
Deputy Mayor Pro Tem Miller made a motion to pull Item 5g off Consent for
discussion. Motion seconded by Council Member Vogelsang. Motion approved by
vote of 5-0.
Deputy Mayor Pro Tem Miller made a motion to approve Consent Items 5a thru 5f and
5h thru 5j, as presented. Motion seconded by Council Member Dixon. Motion
approved by vote of 5-0.
Deputy Mayor Pro Tem Miller discussed Item 5g, explaining that the Town of Prosper
and Prosper Independent School District continue to work together in a partnership and
suggested fees be waived on this item.
After discussion, Deputy Mayor Pro Tem Miller made a motion to approve Prosper
Independent School District to conduct a softball tournament at Frontier Park with the
stipulation that Town of Prosper waive any fees issued to Prosper Independent School
District. Motion seconded by Council Member Wilson.
Motion approved by vote of 5-0.
6. 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
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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 HEARINGS
7. A public hearing to consider and act upon a request to rezone 2.3± acres, located on the
northwest corner of Preston Road and Broadway Street, from Agricultural (A) to Retail (R).
(Z12-0001). Planning Director Chris Copple briefed Council regarding the rezone request. Mr.
Copple explained the Town is required to hold a public hearing before approving a zoning
request and adopting an ordinance to rezone the property.
Deputy Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion seconded
by Council Member Wilson. Motion approved by vote of 5-0.
Marty Brown with Texas Development Services briefed Council regarding the property. Mr.
Brown indicated that the planned use for the property is primarily Retail use. He explained that
the rezone request is to allow better marketing of the property and added that Agriculture
Zoning is very hard to market.
There were no citizens present that wished to speak in favor and/or opposition to the proposed
case.
Deputy Mayor Pro Tem Miller made a motion to close the public hearing. Motion approved by
Council Member Wilson. Motion approved by vote of 5-0.
Council discussed the types of uses allowed in the proposed zoning requested. Council
Member Dixon noted minor automobile repair use could be allowed under the new zoning and
preferred that type of use not be allowed on this property. Deputy Mayor Pro Tem Miller noted
that the proposed rezone request meets the current comprehensive use plan.
Deputy Mayor Pro Tem Miller made a motion to approve rezone 2.3± acres, located on the
northwest corner of Preston Road and Broadway Street, from Agricultural (A) to Retail (R).
(Z12-0001). Motion seconded by Council Member Wilson.
Motion approved by vote of 4-1, Council Member Dixon voting against.
Council Member Dixon excused himself from the meeting due to a conflict of interest
concerning Agenda Item No. 8.
8. A public hearing to 1) consider and act upon an amendment to Chapter 4, Section 4.2(F) of the
Town's Zoning Ordinance regarding the minimum size of enclosed parking spaces in
residential zoning districts and 2) adopt an ordinance amending the same. (Z12-0002).
Planning Director Chris Copple briefed Council regarding the amendment. Building Official
Wayne Snell was also present to answer any questions. Staff explained that the Town's current
Zoning Ordinance has requirements of 10 feet wide by 22 feet long. Mr. Snell explained that
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after reviewing several ordinances from surrounding cities, no other city requires a residential
parking space greater than 9 feet wide by 20 feet long.
Deputy Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion seconded
by Council Member Vogelsang. Motion approved by vote of 4-0.
The following citizens were present and spoke in support and/or opposition to the case:
Bob Darling, spoke in favor.
Cheryl Turner, spoke in favor.
Aaron Graham, spoke in favor.
Phil Jobe, spoke in favor and suggested Council consider issues with off street parking of
vehicles.
Council Member Vogelsang had concerns with large trucks being able to fit in a 9'x 20' garage
spaces. He asked what the majority of home garages are in Prosper and wanted to make sure
width could be taken into consideration for homeowner's wanting garages built to fit these
types of vehicles. Deputy Mayor Pro Tem Miller noted that this is Ordinance is securing
standards and that it does not lower the Town's standards.
Jim Shields spoke in support of the project and explained the majority of garages in Prosper are
(3) three car garages and meet the new Ordinance regulations.
Council Member Wilson made a motion to close the public hearing. Motion seconded by
Deputy Mayor Pro Tem Miller. Motion approved by vote of 4-0.
Deputy Mayor Pro Tem Miller made a motion to approve amending Chapter 4, Section 4.2(F)
of the Zoning Ordinance, which reads as follows:
In the SF, DTSF, TH and 2F Zoning Districts, all required parking spaces shall be a minimum
of nine (9) feet wide and twenty (20) feet long. Required enclosed parking and stacking spaces
shall remain clear of any encroachments.
Motion seconded by Council Member Wilson. Motion approved by vote of 4-0.
Council Member Dixon returned to the meeting.
DEPARTMENT RELATED ITEMS
9. 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 this item.
Council Member Wilson discussed the cost of steel verses wood posts and the impact to
citizens and builders.
After discussion, Council Member Vogelsang made a motion to approve 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
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the construction and maintenance of fences. Motion seconded by Deputy Mayor Pro Tem
Miller. Motion approved by vote of 5-0.
10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. There were
no items discussed.
11. Adjourn- Council Member Wilson made a motion to adjourn the meeting. Motion seconded by
Deputy Mayor Pro Tem Miller. Motion approved by vote of 5-0.
The meeting adjourned at 7:25 p.m.
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Amy M. Piukana, TRMC
Town Secretary
APPROVED:
Ray Smith Mayor
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