06.13.2017 Town Council MinutesPISPER
OWN OF
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, June 13, 2017
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Kenneth Dugger (arrived at 6:09 p.m
Councilmember Meigs Miller
Councilmember Jeff Hodges
Council Members Absent:
Councilmember Michael Korbuly
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
Kelly Neal, Finance Director
Baby Raley, Human Resources Director
Cindy Slate, Human Resources Generalist
Doug Kowalski, Police Chief
Ronnie Tucker, Fire Chief
Stuart Blasingame, Assistant Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Colonel Carl Rau, Retired Chaplain for the United States Army, led the invocation. The
Pledge of Allegiance and the Pledge to the Texas flag were recited.
3. Announcements of recent and upcoming events.
The Public Works Department will hold two public meetings this month at the Public Works
building regarding upcoming road construction projects that will affect the downtown area.
The first meeting will be held on Wednesday, June 21, at 6:00 p.m. for the Parvin Street
and Third Street projects, and a second meeting will be held on Thursday, June 22, at
6:00 p.m. for the Sixth Street project. Residents are welcome to attend, and more
information is available by contacting the Public Works Department.
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r The Prosper Community Library has begun its Summer of Science, and the Library will
host a variety of programs all summer for kids of all ages. Children's programs and story
times will be held throughout the summer, and Fun Fridays at Frontier returns each Friday
in July. More information is available on the Town website.
Registration is now open for Parks & Recreation summer programs. Classes, camps, and
clinics are available for a variety of sports, and Several Bricks4Kids and Engineering
camps are being offered throughout the summer. Sign up at
www.prosperparksandrec.org.
Beginning at 9:00 a.m. on Thursday, June 15, the southbound left -turn lane of Dallas
Parkway at Fishtrap Road will be closed for repair. It will reopen the morning of Monday,
June 19.
The Dallas North Tollway at Legacy Drive intersection will be closed June 16-June 19.
4. Presentations.
Presentation of the State and Local Government Benefits Association (SALGBA) Award
for Exemplary Efforts in Benefits to members of the Human Resources staff. (BR)
HR Director Baby Raley and HR Generalist Cindy Slate received the award on behalf of
Town staff, and Mayor Pro -Tern Vogelsang and Deputy Mayor Pro-Tem Dixon received
the award on behalf of the Council Benefits Subcommittee.
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 23, 2017
5b. Receive the April financial report. (KN)
5c. Consider and act upon approving the purchase of one ambulance, from
Professional Ambulance Sales and Service, the Texas dealer for Horton
Emergency Vehicles, through the Houston -Galveston Area Council (HGAC)
Cooperative Purchasing Program; and authorizing the Town Manager to
execute the Sales Agreement for same. (SB)
5d. Consider and act upon authorizing the Town Manager to execute a Medical
Director Agreement and a Memorandum of Understanding between Beacon
Emergency Services Team, P.A., dba BEST EMS, and the Town of Prosper,
Texas, related to medical director/control services. (SB)
5e. Consider and act upon Ordinance No. 17-42 providing for the property tax
exemption of Freeport Goods. (KN)
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5f. Consider and act upon Ordinance No. 17-43 amending Chapter 3, "Permitted
Uses and Definitions," and Chapter 4, "Development Requirements," of the
--M Zoning Ordinance regarding Accessory Structures, Accessory Buildings,
Guest Houses and Garage Apartments. (Z16-0014). (JW)
5h. Consider and act upon Ordinance No. 17-45 amending Section 12.09.003
"Speed Limits on Specific Streets," of Chapter 12 "Traffic and Vehicles," of
the Town's Code of Ordinances by modifying the prima facie speed limit on
La Cima Boulevard. (HW)
Mayor Pro-Tem Vogelsang removed Item 5g, and Deputy Mayor Pro -Tern Dixon
removed Item 5i from the Consent Agenda.
Mayor Pro -Tern Vogelsang made a motion and Deputy Mayor Pro-Tem Dixon
seconded the motion to approve all remaining items on the Consent Agenda. The
motion was approved by a vote of 6-0.
5g. Consider and act upon Resolution No. 17-44 affirming that Denton County is
exclusively authorized to issue all subdivision and permit approvals in
Denton County Fresh Water Supply District No. 10. (AG)
Hulon Webb, Executive Director of Development and Community Services,
responded to a question from the Town Council, stating that the purpose of the
proposed resolution is to clarify that Denton County has platting and permitting
authority within the Denton County Fresh Water Supply District No. 10, including
the Artesia development.
Mayor Pro -Tern Vogelsang made a motion and Deputy Mayor Pro-Tem Dixon
seconded the motion to approve Item 5g. The motion was approved by a vote of
6-0.
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. (AG)
Responding to a question from the Town Council, Senior Planner Alex Glushko
confirmed that the Planning & Zoning Commission's action on June 6, 2017, was
only related to site plans for North Preston Village and the Gates of Prosper.
Deputy Mayor Pro-Tem Dixon made a motion and Mayor Pro -Tern Vogelsang
seconded the motion to approve Item 5i. The motion was approved by a vote of
6-0.
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
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complete a "Public Meeting Appearance Card" and present it to the Town Secretary
prior to the meeting.
There were no Citizen Comments.
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 HEARINGS:
7. Presentation of service plan and second Public Hearing to consider the voluntary
annexation of a 5.7± acres located on the west side of Custer Road, 1,300± feet
south of Frontier Parkway. (A17-0001). (AG)
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.
This is the second of two required Public Hearings. The first Public Hearing was held on
May 23, 2017.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing. No further action was
taken.
8. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific
Use Permit for a Utility Distribution/Transmission Facility, on 0.1± acre, located on
the northeast corner of Fishtrap Road and FM 1385. The property is zoned Retail
(R). (S17- 0002). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. The applicant
for the proposed Specific Use Permit (SUP) is proposing to develop a water metering
station to serve the Artesia development. The station would accurately measure the
volume of water that is used by Artesia and transmit this information back to the water
supplier, the Upper Trinity Regional Water District.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
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The Town Council expressed concern with the proposed metering station causing reduced
visibility at the intersection. James Coler with Graham and Associates, representing the
applicant, responded to questions from the Council about the location of the existing
easement, and options to increase visibility. Hulon Webb, Executive Director of
Development and Community Services, responded to questions about the eventual
realignment of FM 1385 in relation to the proposed metering station.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger
seconded the motion to approve Ordinance No. 17-46 for a Specific Use Permit for a Utility
Distribution/Transmission Facility, on 0.1± acre, located on the northeast corner of
Fishtrap Road and FM 1385. The motion was approved by a vote of 6-0.
9. Conduct a Public Hearing, and consider and act upon a request for a Variance to
Section 1.09 of the Sign Ordinance regarding Wood Frame Signs for Tribute Senior
Living in the Prosper Town Center development, generally located on the northeast
corner of Preston Road and First Street. (V17-0004). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. This request
is for a Variance to the Sign Ordinance regarding wood frame signs for Tribute Senior
Living in the Prosper Town Center. The Sign Ordinance requires wood frame signs to be
located on the property for which a sign is advertising, to be setback a minimum 15 feet
from any adjacent property line, and to be removed prior to issuance of a Certificate of
Occupancy. Even though the Sign Ordinance classifies these signs as "wood frame," the
supporting frame may be metal, which is the case in this instance.
The applicant is proposing three off -site metal frame signs, one of which is within 15 feet
of adjacent property lines, and to allow the signs to remain for a period of 12 months. The
three signs were installed on the properties without seeking Town approval.
Mayor Smith opened the Public Hearing.
John Harris, 170 N. Preston Road, Suite 10, Prosper, did not wish to speak, but submitted
a card in support of the item.
Andy Franco, 1401 Meadow Way, Prosper, spoke in opposition to the item, noting that
one of the signs would face his neighborhood.
With no one else speaking, Mayor Smith closed the Public Hearing.
Responding to a comment from the Town Council, Mr. Harris stated that it was his belief
that the signs were in conformance to the Town's standards based on a previous
agreement; however, Town staff has no record of such an agreement.
Charles Hodges, the developer, stated that he believes the signs are effective, and that
he has had two applicants for employment due to the location of the signs.
Development Services Director John Webb recommended the developer submit a unified
development sign package that would provide for all signs on the property. He confirmed
that Code Enforcement would not take action on any signs until a final determination is
made on the Variance request.
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After discussion, Councilmember Miller made a motion and Councilmember Dugger
41, seconded the motion to table Item 9 to the July 11, 2017, Town Council meeting. The
motion was approved by a vote of 6-0.
DEPARTMENT ITEMS:
10. Consider and act upon approving Change Order Number 01 for Bid No. 2016-68-B
to North Texas Contracting, Inc., related to construction services for the Town Hall
Infrastructure Project; and authorizing the Town Manager to execute Change Order
Number 01 for same. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. Previous plans for the Town Hall Infrastructure Project
included the construction of a temporary drainage channel on the property south of First
Street and two temporary drainage structures that crossed First Street to convey water to
and from that channel. Due to concerns expressed by the owner of the property to the
south, as well as a desire to minimize the impact on First Street traffic, Town staff
investigated possible alternatives. An option was realized that could re-route the water
west before it got to First Street, eliminating the need for the two drainage structures
across First Street and the temporary drainage channel. This option would also eliminate
the added cost of the temporary work, reduce the cost of the future First Street project's
underground drainage pipe, and eliminate construction -related inconveniences to the
motorists along First Street.
The proposed change order is for the first phase of installation of the drainage system
from the Town Hall site, through the alley behind the homes on the north side of First
Street, south on McKinley and stopping at First Street. The second phase of the
installation is pending final acquisition of the necessary drainage easement along the north
side of First Street on the Cosery property that will extend the underground drainage
system to the BNSF Railroad.
Councilmember Dugger made a motion and Deputy Mayor Pro -Tern Dixon seconded the
motion to approve Change Order Number 01 for Bid No. 2016-68-B to North Texas
Contracting, Inc., related to construction services for the Town Hall Infrastructure Project;
and authorize the Town Manager to execute Change Order Number 01 for same. The
motion was approved by a vote of 6-0.
11. Discussion on proposed amendment to the Sign Ordinance regarding banner signs.
(JW)
Development Services Director John Webb presented this item before the Town Council.
At the May 23, 2017, Town Council meeting, staff was asked to develop a proposed
amendment to the Sign Ordinance to allow larger banner signs for big box retail centers.
This is in response to a request by Kroger to allow a larger "Now Hiring" banner sign at
the new store on US 380, east of Gee Road. The current Sign Ordinance limits banner
signs to a maximum of 48 sq. ft. Mr. Webb reviewed the sign standards of comparison
cities related to banner signs.
After discussion, Town staff was directed to take no action on the current banner sign
requirements.
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12. 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:
12a. Section 551.087 — To discuss and consider economic development
incentives.
12b. 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.
The Town Council recessed into Executive Session at 7:20 p.m.
13. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 7:39 p.m. No action was taken as
a result of Executive Session.
14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discussion on Homestead Exemption. (KN)
Finance Director Kelly Neal presented information on a proposed increase to the
Town's Homestead Exemption. Town staff was directed to bring an ordinance back
to the June 27, 2017, Town Council meeting for consideration.
• Discussion on Collin County Bond Election Resolution. (HJ)
Town Manager Harlan Jefferson updated the Town Council on the proposed Collin
County bond election. Collin County Judge Keith Self has proposed delaying the
election until 2018, as the County Commissioners have not yet reached consensus on
the issue. Town staff was directed to bring this issue back for further discussion at the
July 27, 2017, Town Council meeting.
• Discussion on Temporary Buildings. (JW)
Prosper ISD has submitted a request to allow temporary buildings at multiple school
campuses. Under the Town's current Zoning Ordinance, temporary buildings are only
allowed to remain for three years with a one-year extension. Development Services
Director John Webb recommended amending the Zoning Ordinance to exempt public
school districts from this time limitation. A proposed amendment to the Zoning
Ordinance will be brought for Council consideration at a future meeting.
• Discussion on Health Inspections and the Texas Food Establishment Rules.
(JW)
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15
Development Services Director John Webb notified the Council that due to the
increased number of restaurants in Town, which will result in an increased demand for
health inspections, Town staff will propose the addition of a new staff member to
perform required health inspections. This service is currently provided by an outside
vendor. Town staff will also work on updating the Town's health code ordinance
regarding food establishments. A proposed ordinance will be brought for Council
consideration at a future meeting.
• Discussion on Council Subcommittees. (RB)
Town Secretary Robyn Battle reviewed the current Council Subcommittees and their
membership. Council determined that Councilmember Miller and Councilmember
Dugger will continue to serve on the Technology/VERF Subcommittee; Mayor Smith
and Mayor Pro-Tem Vogelsang will continue to serve on the Finance Subcommittee;
Mayor Pro-Tem Vogelsang, Deputy Mayor Pro-Tem Dixon, and Councilmember
Hodges will serve on the Benefits Subcommittee; and Mayor Smith, Deputy Mayor
Pro-Tem Dixon, and Councilmember Miller will continue to serve on the Executive
Development Team.
Deputy Mayor Pro-Tem Dixon announced that the Eli Young Band recently recorded
a music video in Prosper.
Mayor Pro-Tem Vogelsang requested Town staff prepare a presentation for the
Council on challenging CIP projects and proposed solutions, including the Public
Safety Facility, the proposed traffic light at Custer Road and Prosper Trail, and
improvements to FM 1461/Frontier Parkway. An update will be provided at the July
11, 2017, Town Council meeting.
The Council also requested an update on the Gateway Monument Sign project.
Adjourn.
The meeting was adjourned at 8:02 p.m., on Tuesday, June 13, 2017.
These minutes approved on the 27th day of
OF PR
e
ATTF
°
June, 2017.
APPROVED:
Ray Smith, Mayor
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