05.23.2017 Town Council Minutes1.
2.
3.
ISPER
MINUTES
Meeting of the Prosper Town Council
OWN OF Prosper Municipal Chambers
108 W. Broadway StreetProsper, TX 75078
Tuesday, May 23, 2017
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Terrence Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Senior Planner
Steve Glass, Deputy Director of Engineering Services
Dudley Raymond, Parks & Recreation Director
Kelly Neal, Finance Director
Leigh Johnson, IT Director
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler of First Presbyterian Church of Prosper led the invocation..
Presentations/Proclamations.
• Administer Oaths of Office and Present Certificates of Election to Curry
Vogelsang, Jr., Place 3, and Jeff Hodges, Place 5, of the Prosper Town Council.
(RB)
Town Secretary Robyn Battle administered the Oaths of Office, and Mayor Smith
presented Certificates of Election to Curry Vogelsang, Jr., and Jeff Hodges, who were
elected on May 6, 2017.
• Presentation of Certificates of Appreciation to members of the 2016 Charter
Review Commission. (RB)
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Mayor Smith presented Certificates of Appreciation to members of the 2016 Charter
Review Commission:
Kenneth Dugger, Chair
Michael Korbuly
Charles Cotten
Cameron Reeves
JD Sanders
Bill Beavers
Robert Griffis
Roger Thedford
Tom Aiken and Teague Griffin also served on the Commission, but were not in
attendance.
4. Announcements of recent and upcoming events.
Dr. Fagan from Baylor Scott and White presented an "Outstanding Service" award to
Firefighters/Paramedics Mark Boatwright and Timothy (TJ) King for their exceptional
treatment of a patient en route to the hospital.
Councilmember Hodges read the following announcements:
The annual Police Banquet was held on Thursday, May 18. Officer Derek McCord was
named Officer of the Year, Sergeant Barrett Morris was named Supervisor of the Year,
Dispatcher Andrea Raber was named Dispatcher of the Year, and Officer Jarrett Lowry
received the Top Shot award for marksmanship. Officer Brandon Jones received
recognition for 10 years of service with the Prosper Police Department, and Officer Juan
Flores was recognized for receiving his Master Peace Officer Certification. A special
thanks to the Prosper Ladies Association and 3R's Ranch for sponsoring this year's
banquet.
The Fire Department's Fill the Boot Campaign will take place tomorrow through Friday to
raise money to benefit the Muscular Dystrophy Association. Firefighters will be at various
intersections around town seeking donations. Motorists will only be approached when
they are completely stopped.
The Prosper Community Library is gearing up for a Summer of Science. The Summer
Kick -Off Event will take place on June 10 from 11:00a.m. —1:00 p.m. The Library will host
a variety of programs all summer long for kids of all ages. Summer hours for the Library
begin on June 10.
Registration is now open for Parks & Recreation summer programs. Tennis, soccer, and
archery camps are available as well as several Bricks4Kids and Engineering camps. Sign
up at wwwprosp€:rparksandrec.org.
The Prosper Town Council would like to congratulate the Prosper High School Class of
2017. This year's senior class will celebrate their graduation on Saturday, June 3, at
Prestonwood Church of Plano. Our best wishes to the 2017 graduates and their families
for a safe and happy graduation celebration.
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5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may
be removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meeting.
(RB)
• Regular Meeting — May 9, 2017
• Special Meeting to Canvass Election — May 15, 2017
5b. Consider and act upon Ordinance No.17-39 approving negotiated settlement
between the Atmos Cities Steering Committee and Atmos Energy
Corporation regarding the Company's 2017 rates set by the settlement and
terminating the RRM process for pending renegotiation of RRM terms and
conditions. (KN)
5c. Consider and act upon Ordinance No. 17-40 amending Planned
Development-66 (PD-66), on 902.6± acres, in order to modify the residential
architectural requirements, generally located south of Prosper Trail, north of
First Street, west of Dallas Parkway and east of Legacy Drive. (Z17-0003).
(JW)
5d. Consider and act upon Ordinance No. 17-41 amending Article 10.03,
"Subdivision Ordinance," of Chapter 10, "Subdivision Regulations," of the
Code of Ordinances by enacting a new Subdivision Ordinance. (JW)
5e. Consider and act upon approval of the Memorandum of Understanding
between the City of Irving and the Town of Prosper relative to the
construction of improvements and/or use of an existing City of Irving 75-foot
water line easement generally located adjacent to and north of US 380 in the
Town of Prosper. (PN)
5f. 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. (AG)
Councilmember Dugger made a motion and Mayor Pro -Tern Vogelsang seconded
the motion to approve all items on the Consent Agenda. The motion was approved
by a vote of 7-0.
6. CITIZEN 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 Meeting Appearance Card" and present it to the Town Secretary
prior to the meeting.
There were no Citizen Comments.
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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 "Public Meeting Appearance Card" 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:
7. Presentation of service plan and first Public Hearing to consider the voluntary
annexation of 5.7± acres located on the west side of Custer Road, 1,300± feet south
of Frontier Parkway. (Al7-0001). (JW)
Senior Planner Alex Glushko presented this item before the Town Council. In 2014, the
Town extended the five-year Annexation Agreement with the subject property owner. The
Annexation Agreement allows for development of the property, in accordance with the
Agricultural District of the Town's Zoning Ordinance. The property owner, Rheas Mill
Baptist Church, has submitted a petition to be annexed by the Town, indicating an intent
to expand development onto the subject property in the future. The schedule for
annexation calls for two Public Hearings. This is the first Public Hearing; the second Public
Hearing is scheduled for June 13, 2017.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
No further action was taken.
DEPARTMENT ITEM:
Mayor Smith postponed Item 8 until after the Executive Session.
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 551.087 — To discuss and consider economic development
incentives.
9b. Section 551.072 — To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
9c. Section 551.071 — Consultation with the Town Attorney regarding legal
issues associated with annexation and ETJ release agreements in Town ETJ
areas, development issues associated with areas subject to annexation
agreements and ETJ releases, and all matters incident and related thereto.
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9d. Section 551.071— Consultation with the Town Attorney regarding the Zoning
Ordinance.
9e. Section 551.074 — To discuss and consider election of Mayor Pro-Tem
and Deputy Mayor Pro-Tem.
The Town Council recessed into Executive Session at 6:19 p.m.
Mayor Smith recused himself from Executive Session until 6:40 p.m.
10- Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 7:56 p.m.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to appoint Curry Vogelsang, Jr., as Mayor Pro-Tem, and Jason Dixon as Deputy Mayor
Pro-Tem. The motion was approved by a vote of 7-0.
8_ Consider and act upon authorizing the Town Manager to execute a Development
Agreement between CADG Prosper 28, LLC, and the Town of Prosper, Texas,
related to the park fees for The Montclair development. (HW)
Mayor Pro-Tem Vogelsang opened Item 8. Mayor Smith recused himself from this item
and stepped away from the Council bench.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to authorize the Town Manager to execute a Development Agreement between CADG
Prosper 28, LLC, and the Town of Prosper, Texas, related to the park fees for The
Montclair development. The motion was approved by a vote of 6-0.
Mayor Smith returned to his place at the Council bench.
10. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Mobile App Update (LJ)
IT Director Leigh Johnson updated the Council on the progress of the Town's Mobile
App. The software developer has requested the Town decide on a name for the app
before proceeding with development. Town staff recommended the name
11myProsper," and the Council concurred.
• Discussion of City -County Plat Approval Agreement (HJ)
Collin County Judge Keith Self has requested the Town agree to an amendment to the
existing agreement for regulation of subdivision plats and related permits in the Town's
ETJ. The Council concurred that they are not supportive of the amendment.
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• Discussion of Collin County Bond Election Resolution (HJ)
Collin County Commissioners Susan Fletcher and Duncan Webb presented
information to the Town Council on April 11, 2017, on a proposed transportation bond
issue for Limited Access Roadways (LAR) within the County, which is to appear as a
ballot proposition on November 7, 2017. The County is requesting the support of local
municipalities on the bond issue. The Council requested additional information on how
the bond proposal would affect matching funds for Town projects, specifically on
Frontier Parkway and Prosper Trail. Additional information will be brought back for
Council consideration at the June 13, 2017, Town Council meeting.
• Discussion of Property Tax on Leased Vehicles (KN)
Finance Director Kelly Neal provided an update to the Council on revenue raised from
property taxes on leased vehicles. The Council was not supportive of changing the
existing ordinance at this time.
• Discussion on Sign Regulations for Big Box Retail (JW)
Development Services Director John Webb briefed the Council on the current sign
ordinance related to banners. Kroger has requested to display a banner at the new
store at US 380 and FM 423 that is larger than what the current ordinance permits.
Town staff will bring back an item for Council to discuss proposed amendments to the
sign ordinance at a future Council meeting.
• Discussion of Sponsorship Criteria at Town Park Events (DR)
Parks & Recreation Director Dudley Raymond briefed the Council on the status of
Town sponsorship criteria for events that are held at Town parks, particularly the Pride
in the Sky event, Movies in the Park, and Music in the Park. Town staff recommended
consolidating a set of guidelines for events held in Town parks be drafted into a
proposed agreement to be presented for Council consideration at a future meeting.
The agreement will include parking guidelines, as well as Town staff participation and
other in -kind contributions from the Town.
11. Adjourn.
The meeting was adjourned at 8:34 p.m., on Tuesday, May 23, 2017.
These minutes ppfp n the 13th day of June, 2017.
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° * Ray Smith Mayor
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Town Secretary
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