06.27.2017 Town Council MinutesTOWN OF
FSPER
Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:01 p.m.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, June 27, 2017
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Kenneth Dugger (arrived at 6:09 p.m.)
Councilmember Jeff Hodges
Council Members Absent:
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Meigs Miller
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 and Recreation Director
Kelly Neal, Finance Director
Ronnie Tucker, 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 Town celebrated the "Topping Off' of the new Town Hall/Multi-Purpose Facility this
morning as the last major piece of the structure was lifted into place. Thanks to everyone
who helped us celebrate this event.
The Police Department held a swearing -in ceremony this afternoon for six new Patrol
Officers. The Town Council would like to welcome Officer Seanna Arredondo, Officer Eric
Freeman, Officer Joe Fuller, Officer Jacob Sellman, Officer Ryan Ovens, and Officer Ian
Patrick to the Prosper Police Department.
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TxDOT has approved the installation of all -way stops at three intersections in Town. The
all -way stop at Coit Road and FM 1461 will be installed by July 10. Sometime around July
13, TxDOT will place a message board near the Prosper Trail/Custer Road intersection
notifying the travelling public of the change. Stop signs will be installed approximately two
weeks later, and the all -way stop should be in place by the end of July.
Pride in the Sky returns to Frontier Park this Saturday, July 1, from 5:00-11:00 p.m.
Activities include a car show, charity softball game, Kid Zone, food trucks, vendors, and
live music. Bring your blankets and lawn chairs and enjoy the fireworks at the end of the
evening. A shuttle service will run continuously from the Prosper High School parking lot.
Town Offices will be closed in observance of the Independence Day Holiday on Tuesday,
July 4. The Town Council wishes everyone a safe a happy Fourth of July.
4. 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.)
4a. Consider and act upon minutes from the following Town Council meeting.
(RB)
• Regular Meeting — June 13, 2017
4b. Consider and act upon approving a renewal to the Bank Depository Services
Agreement between Independent Bank and the Town of Prosper; and
authorizing the Town Manager to execute same. (KN)
4c. Consider and act upon Resolution No. 17-47 of the Town of Prosper, Texas,
authorizing the Town Attorney to bring a condemnation action for the
purpose of obtaining approximately 0.359 acres of real property, located at
206 W. First Street, in the Town of Prosper, Collin County, Texas, necessary
for the construction of the First Street Project and for other public purposes
permitted by law. (SG)
4d. 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)
Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded
the motion to approve all items on the Consent Agenda. The motion was approved
by a vote of 4-0.
5. 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.
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Gina Kern, 570 Abbey Lane, Prosper, spoke regarding the proposed median street lighting
on Lovers Lane. She asked that the Council consider lighting that has a less obtrusive,
residential style than the lighting that has been installed on Preston Road, to prevent
spillover light into the adjacent neighborhood.
Councilmember Dugger arrived at 6:09 p.m. and took his place at the Council bench
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:
6. Conduct a Public Hearing and consider and act upon an ordinance amending
Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding the
permitted use of restaurants with drive -through service, the definition of
restaurants, and the definition of automobile sales, service and leasing. (Z17-0006).
(JW)
Development Services Director John Webb presented this item before the Town Council.
Town staff has initiated this request to amend the.Zoning Ordinance to clarify the use chart
related to auto sales by differentiating between new and used auto sales and leasing. The
request would also provide the Town Council with the ability to review the appropriateness
of restaurants with drive -through service on a case -by -case basis in Retail, Commercial,
and Commercial Corridor zoning districts by requiring a Specific Use Permit. Restaurants
with drive -through service that are already listed as a permitted use in Planned
Development (PD) districts would not be required to obtain a SUP.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Korbuly seconded the
motion to approve Ordinance No. 17-49 amending Chapter 3, Permitted Uses and
Definitions of the Zoning Ordinance regarding the permitted use of restaurants with drive -
through service, the definition of restaurants, and the definition of automobile sales,
service and leasing. The motion was approved by a vote of 5-0.
DEPARTMENT ITEMS:
7. Consider all matters incident and related to the issuance and sale of "Town of
Prosper, Texas, Combination Tax and Surplus Revenue Certificates of Obligation,
Series 2017," including the adoption of an ordinance authorizing the issuance of
such certificates of obligation and approving all other matters incident thereto. (KN)
Finance Director Kelly Neal introduce David Medanich of FirstSouthwest, the Town's
financial advisor. Mr. Medanich reviewed the terms of the sale of the Certificates of
Obligation which will be used to fund municipal facilities and other capital projects. Mr.
Medanich announced that Moody's has upgraded the Town's bond rating from Aa2 to Aa1.
Standard & Poor's has also upgraded the Town's bond rating from AA to AA+. The
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upgraded bond rating allowed the Town to secure a preferred interest rate for the
Certificates of Obligation, and indicates a strong financial position for the Town.
Dan Culver of McCall, Parkhurst & Horton, LLP, the Town's bond attorney, addressed the
Council stating that the proper notice of intent to issue the Certificates had been published
in accordance with state law, and the final action required by Council is to approve the
proposed ordinance.
Councilmember Korbuly made a motion and Mayor Pro-Tem Vogelsang seconded the
motion to adopt Ordinance No. 17-48 authorizing the issuance and sale of Town of
Prosper, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series
2017, and approve all other matters related thereto. The motion was approved by a vote
of 5-0.
8. Consider and act upon an ordinance establishing a Homestead Tax Exemption.
(KN)
Finance Director Kelly Neal presented this item before the Town Council. In 2015, the
Town Council approved a Homestead Exemption of 7.5%. At the June 13, 2017, Town
Council meeting, the Council discussed raising the Homestead Exemption to 10%. Ms.
Neal reviewed the effects of an increased Homestead exemption on the Town's property
tax revenue, and the average annual savings for homeowners. The proposed exemption,
based on preliminary projections, would lower the Town's effective tax rate to
approximately $0.43 per $100 valuation.
Councilmember Dugger made a motion and Councilmember Hodges seconded the motion
to approve Ordinance No. 17-50 establishing a Homestead Tax Exemption of ten percent.
The motion was approved by a vote of 5-0.
9. Consider and act upon a request for a Fagade Exception for the Gates of Prosper
(Dick's Sporting Goods/Field & Stream), located on the northwest corner of US 380
and Lovers Lane. (MD17-0003). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. The Zoning
Ordinance requires all mechanical equipment to be screened from view at a point six feet
above ground level at the property line. During a routine inspection for Zoning compliance,
staff identified the installation of rooftop mechanical equipment at the subject location
which was not properly screened. The applicant is seeking a Fagade Exception to allow
a metal screening material to screen the rooftop mechanical equipment.
Scott Shipp of Blue Star Land, representing the applicant, confirmed the metal screen
would be painted a neutral color to match the buildings.
After discussion, Councilmember Korbuly made a motion and Mayor Pro-Tem Vogelsang
seconded the motion to approve the request for a fagade exception for the Gates of
Prosper (Dick's Sporting Goods/Field & Stream), and further, that the color of the
screening around each roof top unit shall match the color of the closest parapet wall color.
The motion was approved by a vote of 5-0.
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10. Consider and act upon a request for a Fagade Exception for Bryant's Addition,
Block 23, Lot 3R (307 E. First Street), located on the northwest corner of Church
Street and First Street. (MD17-0004). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. The applicant
is seeking a fagade exception to allow for the use of an alternative material (DecoStone)
to meet the masonry requirements of the Town's Zoning Ordinance. The material is a
decorative limestone plaster that is applied to a lath system and then hand -troweled to
create the appearance of individual stones and mortar joints. Trevor Woods, representing
the applicant, described the material in more details, noting his confidence in the material's
durability and ease of maintenance.
After discussion, Councilmember Dugger made a motion and Councilmember Korbuly
seconded the motion to approve the request for a fagade exception for Bryant's Addition,
Block 23, Lot 3R, and that tooled DecoStone limestone product specifically be utilized.
The motion was approved by a vote of 5-0.
11. Consider and act upon awarding Bid No. 2017-48-B Frontier Park Soccer Field
Improvements, to Dyna-Mist Construction Company, related to improving drainage
and safety of the soccer fields; and authorizing the Town Manager to execute a
construction agreement for same. (DR)
Parks and Recreation Director Dudley Raymond presented this item before the Town
Council. The proposed project would resolve a field drainage issue that exists in a section
of Frontier Park just southeast of the eastern -most concession stand, which affects the
playability of the field and quality of the turf. Town staff has since learned that the timing
of the project would affect the field's playability for the upcoming Fall soccer season. Town
staff requested the Council table the item, and Town staff will address the drainage issue
next year.
Councilmember Korbuly made a motion and Councilmember Hodges seconded the
motion to reject all bids for the Frontier Park Soccer Field Improvements project, Bid No.
2017-48-B. The motion was approved by a vote of 5-0.
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 &57 p.m.
13. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
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I
The Town Council reconvened the Regular Session at 7:30 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 Collin County Bond Election Resolution. (HJ)
Town Manager Harlan Jefferson updated the Council on the recent Collin County
Commissioner's Court meeting. The Commission has delayed discussion on a
proposed transportation bond election until 2018, so there is no need for Council to
consider a resolution at this time.
Councilmember Dugger inquired whether Town traffic lights are equipped with
appropriate back-up batteries. Hulon Webb, Executive Director of Development and
Community Services, confirmed that they are appropriately equipped.
15. Adjourn.
The meeting was adjourned at 7:33 p.m., on Tuesday, June 27, 2017.
These minutes approv n the 11th day of July, 2017.
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Ray Smith, Mayor
own Secretary
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