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10.10.2017 Town Council Minutes2. 3. ISPEROWN OF Prosper is a place where everyone matters. Call to Order/Roll Call. The meeting was called to order 6:00 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, October 10, 2017 Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terry 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 Frank Jaromin, Public Works Director Michael Bulla, CIP Project Manager Dan Heischman, Senior Engineer Kelly Neal, Finance Director Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Ben Lacey of Prestonwood Baptist Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. Announcements of recent and upcoming events. Residents are invited to join the fun at Prosper's Homecoming Parade, to be held tomorrow, October 11, starting at 5:30 p.m. Come see a variety of floats representing Prosper's community and school groups at one of the Town's biggest fall events. Early voting for the November 7 election begins on Monday, October 23. Collin County voters may vote in Prosper Municipal Chambers during Early Voting, and at the PISD Administration Building on Election Day. Denton County voters may vote at any Denton County polling location during Early Voting, and at Fire Station No. 2 on Election Day. More information is available on the Collin County or Denton County websites. Page 1 of 7 The 6th Annual Cory Ausenbaugh Memorial 5k and 1 Mile Fun Run will be held on Saturday, October 28, at Windsong Ranch. Proceeds will benefit the Cory Ausenbaugh Memorial Scholarship Foundation for a deserving Prosper High School Senior who is pursuing a degree in education, and children of fallen firefighters, police officers, and teachers. Contact Fire Chief Stuart Blasingame for more information. 4. Presentations. Presentation of Certificates of Appreciation to former members of the Town's Boards and Commissions. (RB) Mayor Smith presented a Certificate of Appreciation to Barbara Cottone, former member of the Parks and Recreation Board. Presentation to members of the Prosper Police Department for receiving the Recognized Law Enforcement Agency designation by the Texas Police Chiefs Association (TPCA). (DK) McKinney Police Chief Greg Conley spoke on behalf of the Texas Police Chiefs Association (TPCA). He presented a Certificate of Recognition to Police Chief Doug Kowalski and Assistant Police Chief Gary McHone in recognition of the Prosper Police Department receiving the Recognized Law Enforcement Designation from TPCA. Library Services Department update, and presentation of the TML Municipal Excellence Award for the Town of Prosper Book Trail. (LS) Library Director Leslie Scott presented an annual update on the Library Services Department. She then presented the Town Council with a TML Municipal Excellence Award, which was awarded at the annual TML Conference in Houston the previous week. The Library won the award in the Public Works category this year for the Prosper Book Trail, which was a joint effort between the Library Services Department, the Public Works Department, the Parks and Recreation Department, and the Texas A&M AgriLife Extension service. 5. CONSENT AGEND (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 — September 26, 2017 5b. Receive the August Financial Report. (KN) 5c. Consider and act upon appointing a Special Purpose District Committee. (KN) Page 2 of 7 5d. Consider and act upon Resolution No. 17-76 amending Resolution No. 17-69 regarding the application to the Texas Parks & Wildlife Department Outdoor Recreation Grant for the development of the Whitley Place Trail Extension Project. (DR) 5e. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for Geographic Information System (GIS) services between the Town of Prosper and the City of Frisco. (AG) 5f. Consider and act upon Ordinance No. 17-76 adopting Section 6 "Drainage System Design Requirements" of the Engineering Design Standards Ordinance; and repealing existing Sections 3.13.061 through 3.13.075 "Drainage and Flood Control" of the Town's Code of Ordinances. (DH) 5g. Consider and act upon authorizing the Town Manager to execute an Agreement to Contribute Right of Way Funds between the Texas Department of Transportation and the Town of Prosper, Texas, related to the construction of FM 2478 (Custer Road) from US 380 to FM 1461. (HW) 5h. 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 Councilmember Miller seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 5-0. 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. Jack Dixon, 810 Long Valley Court, Prosper, spoke on behalf of the Lakes of Prosper Homeowners Association. He thanked the Town staff for their recent efforts to resolve a drainage problem in the neighborhood. Molly Jones, 2601 Lakeview Court, Prosper, spoke on behalf of the Prosper Historical Society (PHS). She informed the Town Council about upcoming events sponsored by the PHS, including the Prosper Chamber of Commerce networking breakfast on October 24, and the annual Veterans Day event on November 9. The PHS will sell Christmas ornaments at the Prosper Christmas Festival, and will host a membership drive after the first of the year. 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 Page 3 of 7 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. Conduct a Public Hearing, and consider and act upon a request to rezone 2.5+ acres from Downtown Retail (DTR) to Planned Development -Downtown Retail (PD-DTR) to facilitate the development of a food truck park and outdoor entertainment venue (Silo Park), located on the northeast corner of W. Broadway Street and McKinley Street. (Z17-0009). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The proposed PD would allow for the development of a food truck park and outdoor entertainment venue. The site would include an area for up to six food trucks, a stage for live entertainment, a children's play area, and a Beverage Center structure to accommodate a bar, office space, and restrooms. The Town's Zoning Ordinance does not currently address a food truck park as a permitted use; therefore, a PD has been requested to allow for the use, and to address certain development standards associated with the project. The applicant has requested to deviate from certain requirements of the Zoning Ordinance pertaining to architectural, landscaping, and paving. After three years, the property owner would be required to apply for a Specific use Permit to continue the use, which will give the Planning and Zoning Commission and the Town Council the opportunity to consider continuation of the use as well as additional improvements to the development. Mayor Smith opened the Public Hearing. Clay Christie of Claymore Engineering spoke on behalf of the applicant, noting that the project is intended to be a family -friendly venue. Doug Walker, the owner/operator of the project, spoke regarding safety issues, noting that the entire area would be fenced to ensure the safety of children, and also to comply with the requirements of the Texas Alcoholic Beverage Commission (TABC). With no one else speaking, Mayor Smith closed the Public Hearing. The Town Council expressed concern about the development of future retail in the area, and the maximum occupancy for the property. Mr. Walker answered questions related to access to the property, and Mr. Glushko stated that the Town's Fire Marshal confirmed the Fire Code would allow a maximum of 2,500 people on the property. The property would be subject to the Town's ordinances regarding noise complaints, though no special permit would be required for the property to provide live music on site. Mr. Walker confirmed that as the owner/operator, he would be responsible for obtaining an alcohol permit from the TABC. The combined total of food sales from the food trucks on site would be used to calculate the food sales requirement for the TABC. The Town Council expressed a preference for the applicant to upgrade the fencing materials in the proposed PD. The Town Council discussed whether the applicant should be required to meet all applicable architectural, landscaping, and paving requirements after the initial three-year Page 4 of 7 period. After discussion, the Town Attorney suggested the Council include language in the motion that would allow the ability to require additional standards in the future. Councilmember Dugger made a motion and Councilmember Hodges seconded the motion to approve the request to rezone 2.5+ acres from Downtown Retail (DTR) to Planned Development -Downtown Retail (PD-DTR) to facilitate the development of a food truck park and outdoor entertainment venue (Silo Park), located on the northeast corner of W. Broadway Street and McKinley Street. Exhibit C shall be amended to add a new Section c., to read as follows: c. No later than six (6) months prior to the third anniversary of the Town's approval of this ordinance, the owner/operator of the food truck park and outdoor entertainment venue shall present to the Town a Specific Use Permit in full compliance with all Town zoning and subdivision regulations, including but not limited to building construction materials, landscaping, parking, fencing and related site development requirements. Additionally, at the time the Town Council considers approval of this ordinance, the applicant shall submit a revised fencing plan for Town Council approval. The motion was approved by a vote of 5-0. DEPARTMENT ITEMS: 8. Consider and act upon authorizing the Town Manager to execute a Roadway Impact Fees Reimbursement Agreement between Longo Toyota of Prosper and the Town of Prosper, Texas, related to the construction of Mahard Parkway to serve Longo Toyota. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Longo Toyota is developing a car dealership on US 380 just west of Mahard Parkway and has constructed the portion of Mahard Parkway adjacent to their property. Since the roadway is depicted on the Town of Prosper Thoroughfare Plan, the actual costs for the design and construction of the improvements are eligible for credit of roadway impact fees to be collected from the development. In addition, since Mahard Parkway is included in the limits of TIRZ No. 2, the difference between the actual costs for the design and construction of the improvements and the roadway impact fees to be collected from the development, will be reimbursed in accordance with the terms of the Development and Financing Agreement between the Town of Prosper and MSW Prosper 380 LP. The total costs associated with this project will reduce the Maximum Construction Payment outlined in the Development and Financing Agreement. Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger seconded the motion to authorize the Town Manager to execute a Roadway Impact Fees Reimbursement Agreement between Longo Toyota of Prosper and the Town of Prosper, Texas, related to the construction of Mahard Parkway to serve Longo Toyota. The motion was approved by a vote of 5-0. 9. Consider and act upon an ordinance amending Division 2, "No -Parking Zones," of Article 12.05, "Parking, Stopping and Standing," of Chapter 12, "Traffic and Vehicles," of the Town's Code of Ordinances by adding a new Section 12.05.034, "South Craig Road," to prohibit parking on a portion of South Craig Road south of Judy Rucker Elementary School. (SG) Page 5 of 7 10. 11. 12. Steve Glass, Deputy Director of Engineering, presented this item before the Town Council. Due to the potential for hazardous parking conditions along Craig Road between Rucker Elementary and Preston Road, Town staff initially recommended a no parking zone in the area; however, discussions with Prosper ISD are ongoing. Town staff requested the item be tabled until the Town and PISD agree on a solution. Mayor Pro-Tem Vogelsang made a motion and Councilmember Miller seconded the motion to table Item 9. The motion was approved by vote of 5-0. 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: 10a. Section 551.087 — To discuss and consider economic development incentives. 10b. 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. 10c. Section 551.074 — To discuss and consider personnel matters and all matters incident and related thereto. 10d. Section 551.074 — To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. The Town Council recessed into Executive Session at 7:55 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 8:30 p.m. Councilmember Miller made a motion and Councilmember Dugger seconded the motion to appoint Sara Peterson to the Planning and Zoning Commission, Place 2, to fill the vacancy created by the resignation of John Hema. The motion was approved by a vote of 5-0. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Discussion on Field Rental Fees (DR) Parks and Recreation Director Dudley Raymond updated the Council on field rental fees for residents. Sports leagues are given first priority, then remaining space is made available to Prosper residents for rental. The Town Council confirmed that synthetic field space should be limited to Prosper sports leagues and residents, however, non-residents will be allowed to reserve grass field space. A proposed ordinance will be brought before Council for consideration at a future meeting. Page 6 of 7 • Discussion on 2015 Property Maintenance Code (JW) Development Services Director John Webb notified the Council that Town staff is currently working on an update to the Town's Property Maintenance Code, as well as standards for multifamily developments. A discussion item will be brought forward for Council consideration at a future meeting. • Update on Downtown Enhancements Project - Broadway (MB) Town staff is considering holding a Public Meeting on October 19 to get feedback on the Downtown Enhancements project. * Discuss November and December Council meeting schedule. (RB) Town staff was directed to cancel the December 26, 2017, Regular Town Council meeting, due to the Christmas holiday. Town staff was encouraged to schedule agenda items appropriately to avoid having excessively long agendas in January 2018. 13. Adjourn. The meeting was adjourned at 8:48 p.m., on Tuesday, October 10, 2017. These minutes approved on the 24th day of October, 2017. �o%II111//1It, �► � OF°P�C]0��,0 APPROVED: .•'' ` ` \ • Ray Smith Mayor Page 7 of 7