07.14.2015 Town Council Minutes1.
2.
3.
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, July 14, 2015
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:04 p.m,
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis
Council Members Absent:
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
John Webb, Director of Development Services
Alex Glushko, Senior Planner
Matt Richardson, Senior Engineer
Cheryl Davenport, Finance Director
January Cook, Purchasing Agent
Ronnie Tucker, Fire Chief
Stuart Blasingame, Assistant Fire Chief
Gary McHone, Assistant Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Tony Ellenberg of Lighthouse Christian Fellowship led the invocation. The
Pledge of Allegiance and the Pledge to the Texas Flag were recited.
Announcements of upcoming events.
Councilmember Korbuly read the following announcements:
Registration is open for several Parks & Recreation Programs including Bricks 4 Kids,
Archery, Tennis, and Engineering Camps, adult fitness classes, and much more.
Visit the Town of Prosper website for more information on how to register.
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The Parks and Recreation Department is holding a "Wild in Prosper" photo contest
through July 31. Visit a Town of Prosper park, take a photo, and submit your entry to
recreation@rospertx.gov. For contest rules, see the Town website.
The Public Works Department will offer a Drip Irrigation Do -It -Yourself Course on
August 10 from 6:30-8:30 p.m., at the Public Works Office, located at 601 W. Fifth
Street. Contact Tristan Cisco with Public Works for more information.
Prize pickup for the Library's 500 Minute Challenge will be held on August 1. If you
have signed up to read 500 minutes over the summer, return your completed log for
prizes. The program is open to everyone 13 years of age or younger.
The Town Secretary's Office is accepting applications for the Town's various Boards
and Commissions through Friday, August 7. Applications and information are
available on the Town's website, or by contacting the Town Secretary, Robyn Battle.
Movoto, an online real estate brokerage firm, has named Prosper among the 10 best
Dallas Suburbs. Criteria for this list included monthly housing costs, quality of
schools, crime rate, unemployment rate, average commute time to Dallas, and
median household income.
Councilmember Korbuly announced that registration for several youth sports
organizations is now open.
4. Presentations.
Presentation to the players, coaches and staff of the Prosper High School
Baseball Team for winning the 2015 Class 5A State UIL Baseball
Championship. (RB)
The Town Council presented congratulatory letters to members of the Prosper
High School Baseball team, and then presented one of three roadside signs that
will be placed at key intersections within the Town declaring the team's 2015 state
championship.
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 — June 23, 2015
• Special Meeting — June 30, 2015
5b. Receive the May 2015 Financial Report. (CD)
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Councilmember Dugger made a motion and Councilmember Korbuly seconded the
motion to approve all items on the Consent Agenda. 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 complete a "Public Meeting Appearance Card" and present it to
the Town Secretary prior to the meeting.)
Other Comments by the Public -
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. Conduct a Public Hearing, and consider and act upon a request to amend
Chapter 2, Zoning Districts and Chapter 4, Development Requirements of the
Zoning Ordinance regarding Alternating Single Family Plan Elevations, Exterior
Residential Masonry Construction, Impervious Coverage of Residential Front
Yards, Single Family Corner Lot Landscaping, Residential Garage Standards,
Residential Driveway Standards, Carports and Size of Garages; and amend
Chapter 3, Building Regulations of the Code of Ordinances regarding
residential fences and exterior masonry construction. (Z15-0005). (JW)
Councilmember Vogelsang made a motion and Councilmember Korbuly seconded
the motion to table Item 7 to the August 25, 2015, Town Council meeting. The motion
was approved by a vote of 6-0.
Mayor Smith opened Items 8 and 9 concurrently.
8. Conduct a Public Hearing, and consider and act upon a request to amend the
Future Land Use Plan, located on the northwest corner of Prosper Trail and
future Shawnee Trail, from Medium Density Residential to Dallas North Tollway
District. The property is zoned Single Family-15 (SF-15) and Commercial
Corridor (CC). (CA15-0002). [Companion Case Z14-0005] (JW)
9. Conduct a Public Hearing, and consider and act upon a request to rezone 67.7±
acres, located on the northwest corner of Prosper Trail and Dallas Parkway,
from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned
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Development -Single Family/Office/Retail (PD-SF/O/R). (Z14-0005). [Companion
case CA15-0002] (JW)
Development Services Director John Webb presented Items 8 and 9 before the Town
Council. These items were tabled at the May 26, 2015, and the June 23, 2015, Town
Council meetings to give the applicant an opportunity to modify the proposed PD
development standards. The request includes a 7.5-acre tract at the northwest
corner of Prosper Trail and future Shawnee Trail that is currently zoned Single
Family-15. The applicant desires to rezone this area for Office use, which would
require an amendment to the Future Land Use Plan.
The applicant has revised some, but not all, of the requested modifications to the
proposed PD development standards. The applicant has addressed the
modifications related to carports, landscape buffering along Shawnee Trail and
Prosper Trail, the requirement for a Specific Use Permit (SUP) for convenience store
with gas pump uses, and for outdoor sales and display uses. The applicant has also
relocated the northern drive on Shawnee Trail toward the northern property line, as
requested.
The applicant has not met the requested modification for a minimum residential lot
size of 15,000 square feet, roof pitch requirements, reconfiguration of the big box
orientation, or to include the Town Council as an approval authority for proposed
fagade plans/architectural character elevations. The Planning & Zoning Commission
recommended approval subject to several conditions. Town staff recommended
approval, subject to the approval of the Future Land Use Plan, and several conditions
related to lot size, approval of fagade/architectural character, and limitations on drive -
through restaurants.
Kathryn Edwards spoke on behalf of the applicant. She explained that instead of
requiring all residential lots to be 15,000 square feet, the proposed residential lots are
an average of 15,000 square feet. The applicant would prefer to retain the flexibility
of fagade/architectural character for the development. She reviewed some additional
aspects of the proposed PD. The Town Council requested submission of a concept
plan for the PD, and would like to retain approval authority for proposed fagade plans
and architectural standards. They also requested a minimum residential lot size of
15,000 square feet. Barry Knight, representing the applicant, stated that they would
like to return to a future Council meeting with a concept plan, and would consider the
requests related to roof pitch and drive -through restaurants.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
The Council asked if it would be possible to add an access point from Prosper Trail,
however, it would require reclamation of a portion of the floodplain.
After discussion, Deputy Mayor Pro-Tem Vogelsang made a motion and
Councilmember Dugger seconded the motion to table Item 8 and Item 9 to the August
25, 2015, Town Council meeting. The motion was approved by a vote of 6-0.
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10. Conduct a Public Hearing, and consider and act upon an ordinance amending
Specific Use Permit-8 (SUP-8) for a Child Day Care Center, on 1.6± acres,
located on the north side of Richland Boulevard, 300± feet west of Coit Road.
The property is zoned Office (0). (S15-0005). (JW)
Development Services Director John Webb presented this item before the Town
Council. The applicant is proposing to increase the existing building square footage
by greater than 10%, which requires an amendment to the SUP. Mr. Webb reviewed
the details of the request, and the criteria staff considered to determine the validity of
the request. The Planning & Zoning Commission recommended approval of the
request, subject to conditions. The applicant has since revised the proposed
conceptual elevation.
Mayor Smith opened the Public Hearing
Pann Sribhen with PSA Engineering spoke on behalf of the applicant. He addressed
the Council on the details of the proposed changes to the SUP, including those
requested by the Planning & Zoning Commission, which were intended to make the
project more compatible with the existing SUP.
With no one else speaking, Mayor Smith closed the Public Hearing.
After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Davis
seconded the motion to approve Ordinance No. 15-40 amending Specific Use Permit-
8 (SUP-8) for a Child Day Care Center, with the amended conceptual elevation, on
1.6± acres, located on the north side of Richland Boulevard, 300± feet west of Coit
Road. The motion was approved by a vote of 6-0.
11. Conduct a Public Hearing, and consider and act upon an amendment to
Planned Development-38 (PD-38), on 83.6± acres, located on the northeast
corner of US 380 and Coit Road. (Z15-0008). (JW)
Development Services Director John Webb presented this item before the Town
Council, The owner of the western -most tract of PD-38 desires to deviate from the
development plan established by PD-38 in order to develop a CVS Pharmacy at the
northeast corner of US 380 and Coit Road. Additionally, Town staff has initiated a
zoning change for the remainder of the PD which would require conceptual
development plans prior to the development of the remaining tracts. Notice was
provided to the other property owners within the PD.
Mayor Smith opened the Public Hearing.
Barry Knight, representing the owner of the subject tract, and the developer of CVS,
explained some of the details of the proposed PD, and stated that the original
development standards for PD-38 would be retained with the proposed PD
amendment and design of the CVS.
Douglas Mousel, 5400 Dallas Parkway, Frisco, spoke in favor of the development,
with the condition that the original development standards of the PD be retained. He
also inquired about the height restrictions for the development.
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The Town Council expressed concern about what the entire development will look
like, and wants to make sure that the design is consistent for the entire PD.
Concerns were also expressed with the proposed design, which would allow three
drive -through restaurants in a row on pad sites facing US 380.
Jim Williams, representing the property owners to the north and northeast, advised
against developing the corner site independent of the rest of the PD, and advised a
concept plan be submitted for the entire PD.
Matthew Kiran, representing the owner of the current property, stated that the original
PD was intended to develop in three phases, from west to east.
Mr. Knight stated that the intent of the proposal was to follow the original
development standards of PD-38, however, the site plan varies from the original PD.
The Town Council advised the applicant to return with a concept plan for the entire
PD, since the proposed site plan deviates significantly from the original PD. The
applicant requested that the item be tabled in order to make modifications to the
request.
After discussion, Deputy Mayor Pro-Tem Vogelsang made a motion and Mayor Pro -
Tern Miller seconded the motion to table Item 11 to the September 8, 2015, Town
Council meeting. The motion was approved by a vote of 6-0.
12. Conduct a Public Hearing, and consider and act upon a request to rezone 12.3±
acres, from Commercial (C) to Planned Development -Retail (PD-R), located on
the west side of Custer Road, 200± feet north of US 380. (Z15-0009). (JW)
Development Services Director John Webb presented this item before the Town
Council. Mr. Webb reviewed the proposed elevation, geotechnical study results, and
design elements of the proposed PD for a Lowe's Home Improvement Center. Mr.
Webb discussed proposed options for outdoor storage and display, as well as
landscaping and screening. The Planning & Zoning Commission recommended
approval of the request with conditions. Town staff recommended approval, subject
to requirements for screening of open storage, foundation plantings, and landscaped
parking row islands. Mr. Webb responded to questions related to the tree line and
existing zoning on the north side of the property.
Mayor Smith opened the Public Hearing.
Bill Hanks, the owner of the site, spoke in favor of the project, stating that he is happy
with how the property is being developed and announced some potential future
additional businesses that will develop on the site. He feels comfortable with the level
of existing screening on the north side of the property.
Matthew Minton, design engineering director for Lowe's, spoke in favor of the project,
and feels the design of the proposed Lowe's on this property is unique, and unlike
other Lowe's stores in the area. He emphasized some of the details of the proposal
that exceed the Town's minimum development standards. The applicant agreed to
the request for landscaped parking row islands, but requested that the Town Council
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waive the requirement for screening of open storage on the north side of the building,
and the requirement for foundation trees.
Doug Mousel, representing property owners to the north and west of the site, spoke
in favor of the item, adding his approval of the screening along Custer Road. He
advised Council to require screening on the north side of the building.
With no one else speaking, Mayor Smith closed the Public Hearing.
After discussion, Mayor Pro -Tern Miller made a motion and Councilmember Korbuly
seconded the motion to approve a request to rezone 12.3± acres, from Commercial
(C) to Planned Development -Retail (PD-R), located on the west side of Custer Road,
200± feet north of US 380, subject to revising the PD to require the parking row
islands provide ground cover, grasses, shrubs, boulders, etc. in conjunction with
decomposed granite. The motion was approved by a vote of 5-1 with Councilmember
Dugger casting the opposing vote.
DEPARTMENT ITEMS:
Mayor Smith opened Item 13 and Item 14 concurrently,
13. Consider all matters incident and related to the issuance and sale of the Town
of Prosper, Texas General Obligation Refunding and Improvement Bonds,
Series 2015, including the adoption of an ordinance authorizing the issuance of
such Bonds, approving an Official Statement, a Bond Purchase Agreement, a
Paying Agent/Registrar Agreement, and an engagement letter of Bond Counsel.
(CD)
14. Consider all matters incident and related to the issuance and sale of the Town
of Prosper, Texas Combination Tax and Surplus Revenue Certificates of
Obligation, Series 2015, including the adoption of an ordinance authorizing the
issuance of such Certificates, approving an Official Statement, a Bond
Purchase Agreement, a Paying Agent/Registrar Agreement, and an engagement
letter of Bond Counsel. (CD)
Finance Director Cheryl Davenport introduced Jason Hughes of FirstSouthwest, the
Town's Financial Advisor, who reviewed the terms of the sales of the General
Obligation Bonds and Certificates of Obligation.
After discussion, Deputy Mayor Pro-Tem Vogelsang made a motion and
Councilmember Davis Seconded the motion to adopt all matters incident and related
to the issuance and sale of the Town of Prosper, Texas General Obligation Refunding
and Improvement Bonds, Series 2015, including the adoption of Ordinance No. 15-41
authorizing the issuance of such Bonds, approving an Official Statement, a Bond
Purchase Agreement, a Paying Agent/Registrar Agreement, and an engagement
letter of Bond Counsel. The motion was approved by a vote of 6-0.
Councilmember Davis made a motion and Deputy Mayor Pro-Tem Vogelsang
seconded the motion to adopt all matters incident and related to the issuance and
sale of the Town of Prosper, Texas Combination Tax and Surplus Revenue
Certificates of Obligation, Series 2015, including the adoption of Ordinance No. 15-42
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authorizing the issuance of such Certificates, approving an Official Statement, a Bond
Purchase Agreement, a Paying Agent/Registrar Agreement, and an engagement
letter of Bond Counsel. The motion was approved by a vote of 6-0.
15. Consider and act upon approving a Guaranteed Maximum Price (GMP)
Amendment between Pogue Construction Co., L.P., and the Town of Prosper,
related to Construction Manager -At -Risk services for Prosper Fire Department
Station No. 2; and authorizing the Town Manager to execute same. (RT)
Fire Chief Ronnie Tucker presented this item before the Town Council. In March of
2014, the Town Council approved the standard form of agreement and related
documents with Pogue Construction Co., LP, for the Construction Manager -At -Risk
for Prosper Fire Station No. 2. In an effort to reduce costs, Pogue Construction
offered the Town value management options.
Deputy Mayor Pro-Tem Vogelsang made a motion and Councilmember Korbuly
seconded the motion to approve a Guaranteed Maximum Price (GMP) Amendment
between Pogue Construction Co., L.P., and the Town of Prosper, related to
Construction Manager -At -Risk services for Prosper Fire Department Station No. 2;
and authorizing the Town Manager to execute same. The motion was approved by a
vote of 6-0.
16. Consider and act upon an ordinance amending the FY 2014-2015 budget. (CD)
Finance Director Cheryl Davenport presented this item before the Town Council. The
budget amendment will account for a revenue increase associated with a Chapter
380 Agreement with Highland Homes, benefit payouts to the previous Finance
Director and Accounting Manager, and funding for the Windsong Ranch Fire Station,
and the Coleman Street — Prosper Trail to Preston Road project.
After discussion, Councilmember Korbuly made a motion and Councilmember Dugger
seconded the motion to adopt Ordinance No. 15-43 amending the FY 2014-2015
Budget to increase revenues, expenditures, and transfers out in the General Fund,
increase revenues and transfers in and out in the Special Revenue Fund (Escrows)
and increase revenues, transfers in, and expenditures in the CIP Fund, as outlined in
Exhibit "A" to the Budget Amendment Ordinance, amending the revenue for the
Chapter 380 Agreement from $15,000 to $32,000. The motion was approved by a
vote of 6-0.
17, Consider and act upon an amendment to the Capital Improvement Plan (CIP).
(MR)
Senior Engineer Matt Richardson presented this item before the Town Council. The
CIP Amendment reallocates budgets and funding sources for multiple projects in the
CIP. Mr. Richardson reviewed the list of amendments, and responded to the Town
Councils' questions about specific projects, particularly related to Frontier Parkway.
Town Manager Harlan Jefferson elaborated on some of the reallocated funding
sources for the CIP projects, including impact fees and bond funds.
After discussion, Councilmember Dugger made a motion and Councilmember Korbuly
seconded the motion to approve an amendment to the Capital Improvement Plan.
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The motion was approved by a vote of 5-1, with Councilmember Davis casting the
opposing vote.
18. 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:
18a. Section 551.087 — To discuss and consider economic development
incentives.
18b. 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 9:36 p.m.
19. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:56 p.m.
Mayor Pro-Tem Miller made a motion and Councilmember Dugger seconded the
motion to authorize the Town Manager to execute a 380 agreement with Elder Living
Partners, subject to the terms and conditions discussed in Executive Session. The
motion was approved by a vote of 6-0.
20. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing
the Town Attorney to bring a condemnation action for the purpose of obtaining
right-of-way and drainage easements, consisting of approximately 4 acres of
property, situated generally in the Spencer Rice Survey, Tract 4, Town of
Prosper, Collin County, Texas, necessary for the construction of the Coleman
Road, Phase II project, and for other public purposes permitted by law. (MR)
Senior Engineer Matt Richardson presented this item before the Town Council. Town
staff has been unable to reach an agreement with the property owner to acquire the
property. The proposed resolution would give the Town authority to pursue eminent
domain on any right-of-way and easements not dedicated for the Coleman Street
Project. Mr. Richardson responded to questions from the Town Council on the
Coleman Street expansion project.
After discussion, Deputy Mayor Pro-Tem Vogelsang made a motion and
Councilmember Korbuly seconded the motion to adopt Resolution No. 15-44
authorizing the Town Attorney to bring a condemnation action for the purpose of
obtaining right-of-way and drainage easements, consisting of approximately 4 acres
of property, situated generally in the Spencer Rice Survey, Tract 4, Town of Prosper,
Collin County, Texas, necessary for the construction of the Coleman Road, Phase II
project, and for other public purposes permitted by law. The motion was approved by
a vote of 6-0.
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21. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
0 CIP Projects (HW)
Councilmember Korbuly requested regular updates on road projects. Mr.
Richardson responded that Town staff is working on improvements to the
website that would provide up-to-date information on road closures and road
projects.
The Town Council reported that some of the recently -planted trees on Preston
Road had fallen down during the recent storms. Staff was directed to follow
up to see if the trees can be staked at the time they are planted.
Mr. Jefferson reported that preconstruction meetings for the West Prosper
Road Improvements project will be scheduled for July 30 or 31.
Councilmember Davis requested that an Executive Session item be added to
the agenda for the next Council meeting related to the Code of Ethics.
22. Adjourn.
The meeting was adjourned at 10:05 p.m.
These minutes approved on the 28th day of July, 2015.
Robyn mottle, Town Secretary
APPROVED:
Ray Smith Mayor
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