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09.14.2010 Town Council Minutes1. Call to Order / Roll Call. The meeting was called to order at 6:00 p.m. Roll call was taken by Mavor Smith. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, September 14, 2010 at 6:00 p.m. Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor Pro -Tem Meigs Miller, Dave Benefield, David Vestal, Danny Wilson, and Jason Dixon. Staff present included: Mike Land, Town Manager, Hulon Webb, Director of Development Services, Chris Copple, Senior Planner, Trish Eller, Code Compliance Officer, Curtis Smith, Fire Captain, Frank Jaromin, Public Works Director, Michael Bulla, CIP Project Manager, and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Pastor Glen Gabbertt, Christian Life Assembly. Mayor Pro -Tem Smith led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Mike Land, Town Manager, announced the Prosper Homecoming Parade set for Friday, Sept. 24 at 2 p.m., Prosper's National Night Out, set for Oct. 5 at 6 p.m., the Cory Ausenbaugh Memorial 5K Fun Run and 1 Mile Walk and the Prosper Health and Safety Fair both set for Oct 9. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • August 24, 2010 — Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon an ordinance amending Chapter 4, Section 9.4 (D) of the Zoning Ordinance, regarding the side yard setback of the face of a garage that faces a side yard (a swing -in garage). (Z10-0013). (CC) C. Consider and act upon an ordinance amending Chapter 3, Section 1.4 (10) and Chapter 3, Section 2.2 (paragraph 9) of the Zoning Ordinance, regarding the conditional development standards and definition of a Non -Commercial Antenna. (Z10-0014). (CC) d. Consider and act upon a resolution declaring the intent of the Town to reimburse expenditures for the purchase of ambulances from proceeds of tax-exempt obligations. (MG) Page 1 of 6 e. Consider and act upon a resolution authorizing the Town Manager to issue a Purchase Order for two ambulances not to exceed $380,000 to be paid for from General Fund Balance until reimbursed by proceeds of tax exempt obligations. (MG) Deputy Mayor Pro -Tem Miller requested items 4f and 4g be pulled from the consent agenda. Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Dugger to approved items 4a — Fe. Motioned approved 7-0. f. Consider and act upon an amendment to the contract with Collin County for Animal Control Services, extending the agreement through FY 2010-11 at a cost of $35,975, authorizing the Town Manager to execute the same. (MG) g. Consider and act upon an amendment to the contract with Collin County for Animal Sheltering Services, extending the agreement through FY 2010-11 at a cost of $22,819, authorizing the Town Manager to execute the same. (MG) Motioned by Deputy Mayor Pro -Tem, seconded by Mayor Pro -Tem Dugger to approve items 4f and 4g. Motion approved 7-0. CITIZEN'S COMMENTS 5. Other Comments by the Public. There were no comments by the public. REGULAR AGENDA Mayor Smith moved item 12 up in the agenda. 12. Discuss and provide direction to Town staff on a proposed ordinance restricting the on -street and off-street parking of certain vehicles. (TE) Trish Eller, Code Compliance Officer, gave council background information on this item. Ron Underwood, 8A Rhea Mills, spoke against the proposed ordinance. Kym Burrow, 4C Rhea Mills Circle, spoke against the proposed ordinance. Curtis Evanczyk, 7A Rhea Mills Circle, spoke against the proposed ordinance. April Arnold, 5C Rhea Mills Circle, spoke against the proposed ordinance. Ray Aronold, 5C Rhea Mills Circle, spoke against the proposed ordinance. James Burrow, 4C Rhea Mills Circle, spoke against the proposed ordinance. Emmett Barnes, 6C Rhea Mills Circle, spoke against the proposed ordinance. Paul Funderburg, 641 Sondra Circle, spoke in favor of the ordinance. Ann Lieber, 1190 Crooked Stick, asked council a question. Steven Meyer, 106 Meadowgreen, spoke against the proposed ordinance. Council discussed the proposed ordinance and gave staff direction to bring back the ordinance with changes on a future agenda. PUBLIC HEARINGS 6. A public hearing to consider and act upon 1) a request to rezone 6.4± acres, located on the west side of Dallas Parkway, 900± feet south of First Street (626 S. Dallas Parkway), from Single Family -15 (SF -15) to Commercial Corridor (CC) and 2) an ordinance rezoning the same. (Z10-0011). (CC) Page 2 of 6 Chris Copple, Senior Planner, gave council background information on this item. Motioned by Councilmember Vestal, seconded by Councilmember Wilson to open the public hearing. Motion approved7-0. Mayor Smith opened the public hearing at 7:07 p.m. There were no comments by the public. Motioned by Councilmember Wilson, seconded by Councilmember Vestal to close the public hearing. Motion approved 7-0. Mayor Smith closed the public hearing at 7:08 p.m. Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Dugger to approve the request to rezone 6.4± acres, located on the west side of Dallas Parkway, 900± feet south of First Street (626 S. Dallas Parkway), from Single Family -15 (SF -15) to Commercial Corridor (CC) and an ordinance rezoning the same. Motion approved 7-0. 7. A public hearing to consider and act upon a request to rezone 12.7± acres, located on the north side of First Street, 4,300± feet west of Custer Road, from Agricultural (A) to Planned Development - Single Family -10 (PD -SF -10). (Z10-0010). (CC) Chris Copple, Senior Planner, gave council background information on this item Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Dixon to open the public hearing. Motion approved 7-0. Mayor Smith opened the public hearing at 7:12 p.m. Dale Clark, 1620 Knoll Tr. Dallas, answered questions for council. George Dupont, 1400 Harvest Ridge, answered questions for council. Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Dixon to close the public hearing. Motion approved 7-0. Mayor Smith closed the public hearing at 7:16 p.m. Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Dugger to approve the request to rezone 12.7± acres, located on the north side of First Street, 4,300± feet west of Custer Road, from Agricultural (A) to Planned Development -Single Family -10 (PD -SF -10) subject to revising Exhibit C, Section 1.06 to read, "Minimum Lot Width at Front Building Line: 80'." Motion approved 7-0. 8. A public hearing to consider and act upon a request to rezone 162.7± acres, located on the southeast corner of Teel Parkway and Fishtrap Road, from Agricultural (A) to Planned Development- Commercial/Commercial Corridor (PD-C/CC). (Z10-0012). (CC) Chris Copple, Senior Planner, gave council background information on this item. Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to open the public hearing. Motion approved 7-0. Page 3 of 6 Mayor Smith opened the public hearing at 7:27 p.m. Matt Robinson, owner representative, answered questions for council. Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to close the public hearing. Motion approved 7-0. Motioned by Mayor Pro -Tem Dugger, seconded by Deputy Mayor Pro -Tem Miller to approve a request to rezone 162.7± acres, located on the southeast corner of Teel Parkway and Fishtrap Road, from Agricultural (A) to Planned Development-Commercial/Commercial. Motion approved 7-0. DEPARTMENT ITEMS 9. Consider and act upon 1) an Interlocal Cooperative Agreement between the Town of Prosper and Denton County concerning the improvements to Parvin Road from Good Hope Road to North Legacy. Specifically, the improvements shall include the installation of six inches of flex base approximately twenty feet wide for approximately 10,000 linear feet, and 2) adopt a resolution authorizing the Town Manager to execute the same. (FJ) Mike Land, Town Manager, gave council background information on this item. Motioned by Mayor Pro -Tem Dugger, seconded by Deputy Mayor Pro -Tem Miller to approve 1) an Interlocal Cooperative Agreement between the Town of Prosper and Denton County concerning the improvements to Parvin Road from Good Hope Road to North Legacy. Specifically, the improvements shall include the installation of six inches of flex base approximately twenty feet wide for approximately 10,000 linear feet, and 2) adopt a resolution authorizing the Town Manager to execute the same. Motion approved 7-0. 10. Consider and act upon a request from the Prosper Developers Council to classify the Prosper in Prosper Campaign as a special event per Section 1.18 of the Sign Ordinance and to allow three (3) signs associated with the special event to be erected for a maximum of one hundred eighty (180) days. (CC) Chris Copple, Senior Planner, gave council background information on this item. Cleburne Smith, Prosper Developer's Council representative, spoke in favor of the request. Motioned by Councilmember Wilson, seconded by Councilmember Vestal to approved a request from the Prosper Developers Council to classify the Prosper in Prosper Campaign as a special event per Section 1.18 of the Sign Ordinance and to allow three (3) signs associated with the special event to be erected for a maximum of one hundred eighty (180) days. Motion approved 7-0. 11. Discuss and receive input on the proposed median landscaping design of Prosper Trail from Dallas North Tollway to Preston Road. (MB) Hulon Web, Director of Development Services, gave council background and answered questions. Michael Bulla, CIP Project Manager, answered questions for council. George Dupont spoke in favor of the proposed landscaping. Page 4 of 6 Paul Funderburg, 641 Sondra Circle, spoke regarding the landscaping issues in the Trails of Prosper subdivision that is affected by the Prosper Trail construction. Council gave staff direction and directed the item to be placed on a future agenda. 13. Consider and act upon adopting the FY 2010-11 Compensation Schedule. (ML) Mike Land, Town Manager, gave council background information on this item. Motioned by Deputy Mayor Pro -Tem Miller, seconded by Councilmember Wilson to adopt the FY 2010-11 Compensation Schedule with the staff recommended changes to Table 2. Motion approved 7-0. 14. A public hearing to consider and act on an ordinance increasing and modifying Water and Wastewater fees and rate structures. (MG) Mike Land, Town Manager, gave council background information on this item. Motioned by Deputy Mayor Pro -Tem Miller, seconded by Mayor Pro -Tem Dugger to open the public hearing. Motion approved 7-0. Mayor Smith opened the public hearing at 8:11 p.m. Steven Meyer, 106 Meadowgreen, asked council a question. Chris Blair, Prosper's NTRWD representative, answered questions for council. Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to close the public hearing. Motion approved 7-0. Mayor Smith closed the public hearing at 8:12 p.m. Motioned by Councilmember Wilson, seconded by Deputy Mayor Pro -Tem to approve Item 14 as presented by staff. Motion approved 7-0. 15. Consider and act upon an ordinance adopting the Fiscal Year 2010-11 Budget and setting the appropriations for the Fiscal Year beginning October 1, 2010 and ending September 30, 2011. (ML) Mike Land, Town Manager, gave council background information on this item. Motioned by Councilmember Dixon, seconded by Mayor Pro -Tem Dugger to approve the ordinance adopting the 2010-2011 Budget for the fiscal year beginning October 1, 2010 and ending September 30, 2011 as proposed and filed by the Town Manager with the following adjustments: Adding the Items Listed as Changes by Staff as Included with this Agenda Item. Motion approved 7-0. 16. Consider and act upon an ordinance adopting the Town of Prosper 2010 Property Tax Rate. (ML) Mike Land, Town Manager, gave council background information on this item. Motioned by Councilmember Vestal, seconded by Councilmember Dixon to approve the ordinance setting the 2010 property tax rate, adopting a tax rate of $0.52 cents per $100 assessed valuation, which is the current rate and less than both the effective and rollback tax rates. Motion approved 7-0. Page 5 of 6 17. Consider and act upon an ordinance to ratify the property tax revenue increase reflected in the Fiscal Year 2010-11 Adopted Budget as required under Section 102.007(c) of the Local Government Code. (MG) Mike Land, Town Manager, gave council background information on this item. Motioned by Councilmember Vestal, seconded by Councilmember Wilson to approve the ordinance ratifying the property tax revenue increase as reflected in the Fiscal Year 2010-2011 Budget. Motion approved 7-0. EXECUTIVE SESSION 18. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code to wit: Section 551.072 to deliberate regarding real property. Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to recess into closed session. Motion approved 7-0. Council recessed into closed session at 8:25 p.m. 19. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Deputy Mayor Pro -Tem Miller, seconded by Councilmember Vestal to reconvene into regular session. Motion approved 7-0. Council reconvened into open session at 8:53 p.m. 20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 21. Adjourn. Motioned by Councilmember Vestal, seconded by Councilmember Benefield to adjourn. Motion approved 7-0. Mayor Smith adjourned the meeting at 8:54 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Page 6 of 6 Ray Smith, Mayor