01.23.2018 Town Council Minutes2.
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TOWN OF
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Prosper is a place where everyone matters.
Call to Order/Roll Call.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, January 23, 2018
The meeting was called to order 6:20 p.m., immediately following the adjournment of the
meetings of the TIRZ No. 1 and TIRZ No. 2 Boards of Directors.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tem Curry Vogelsang, Jr.
Deputy Mayor Pro -Tem Jason Dixon
Councilmember Michael Korbuly
Councilmember Kenneth Dugger (arrived at 7:00 p.m.)
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, Planning Manager
Steve Glass, Deputy Director of Engineering Services
Dudley Raymond, Parks and Recreation Director
Kelly Neal, Finance Director
Stuart Blasingame, Fire Chief
Announcements of recent and upcoming events.
Councilmember Hodges read the following announcements:
Mayor Ray Smith and the Prosper Town Council invite you to join the It's Time Texas
Community Challenge. Log on to www.ittcommunitvchallenrae.com to register. You can
earn points for Prosper by taking Healthy Selfies and tracking your workout activities.
The public is invited to a free Community Workout on Saturday, February 10, in the parking
lot of Texas Health Prosper from 9am-noon. With everyone's help, we can win the title of
Healthiest Small Community for the third year in a row.
Construction will begin on the Dallas North Tollway, northbound and southbound lanes,
from US 380 to First Street from January 24 through January 26. Traffic will be restricted
to one lane from 8am-4pm each day. Travelers are encouraged to use alternate routes
during this time.
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The Library is holding a Winter Reading Challenge through January 31. Readers of all
ages are encouraged to sign up, and help the Library reach its goal of 500 books. More
information is available on the Town website.
The Prosper Police Department is accepting applications for the Prosper Citizen's Police
Academy beginning in March. For more information, contact Officer Erin Hubbard.
Town Manager Harlan Jefferson introduced Chuck Springer, the Town's new Executive
Director of Administrative Services.
3. Presentations.
• Presentation of a Proclamation declaring February 2018 as Congenital Heart
Defect Awareness Month. (RB)
Members of Mended Little Hearts were present to receive the Proclamation.
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 — January 9, 2018
4b. Receive the November Financial Report. (KN)
4c. Consider and act upon authorizing the Town Manager to execute a Contract
for Services between Gila LLC, dba Municipal Services Bureau (MSB), and
the Town of Prosper, Texas, related to merchant card services. (KN)
4d. Consider and act upon authorizing the Town Manager to execute a Contract
for Fines and Fees Collection Services between Linebarger Goggan Blair &
Sampson, LLP, and the Town of Prosper, Texas, related to Municipal Court
collection services. (KN)
4e. Consider and act upon Resolution No. 18-07 approving the Town of Prosper
and Prosper EDC Investment Policy and Investment Strategy and approval
of the list of qualified brokers/dealers and financial institutions that are
authorized to engage in investment transactions with the Town of Prosper
and Prosper Economic Development Corporation. (KN)
4f. Consider and act upon 1) approving a Voluntary Cooperation Agreement by
and between the City of Frisco, Texas Department of Transportation, and the
Town of Prosper for the operation and maintenance of traffic signals at US
380 at La Cima and US 380 at Lovers Lane, and 2) adopting Resolution No.
18-08 authorizing the Town Manager to execute the same. (HW)
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Deputy Mayor Pro -Tem Dixon 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 6-0.
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.
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:
6. Conduct a Public Hearing and consider and act upon a request for a Variance to the
Sign Ordinance, regarding Temporary Signage, for Longo Toyota, located on the
northwest corner of US 380 and Mahard Parkway. (V18-0001). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. US 380 is
currently under construction from Lovers Lane to the Denton County line, with an
estimated completion date of Fall 2018. As a result, Longo Toyota's primary direct access
driveway on US 380 is currently closed due to the construction. The latest estimate for
completion of the paving adjacent to Longo is the end of February. The applicant has
requested two temporary wood framed signs along US 380 to assist drivers with locating
the single entrance into the business. The applicant is proposing the signage remain until
March 15, 2018, a couple weeks following the expected substantial completion date of the
driveway into Toyota along US 380. The proposed signs are approximately 96 square
feet in area with metal framing and are located on the southeast and southwest corners
of the property.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Deputy Mayor Pro -Tem Dixon made a motion and Councilmember Hodges seconded the
motion to approve a Variance to the Sign Ordinance, regarding Temporary Signage, for
Longo Toyota, located on the northwest corner of US 380 and Mahard Parkway, subject
to removal of the temporary signs following substantial completion of driveway into Toyota
along US 380, no later than March 15, 2018. The motion was approved by a vote of 6-0.
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7. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific
Use Permit (SUP) for a Restaurant with Drive -Through in Westfork Crossing, on 2.1±
acres, located on the north side of US 380, 450± feet west of Gee Road. The property
is zoned Commercial (C). (S17-0007). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of the request is to allow for a restaurant with drive-through service, which has
been described by the applicant as a "Jamba Juice -type" establishment. Development
Services Director John Webb clarified that the development already has four drive-through
restaurants that are vested.
Mayor Smith opened the Public Hearing.
Kevin Wier with Spiars Engineering, spoke on behalf of the applicant, and provided details
to the Town Council regarding the preliminary site plan.
Lance Lilly with United Commercial Development, spoke on behalf of the applicant, noting
that the company owns all four corners of US 380 and Gee Road; however, the final
tenants have not yet been determined.
After discussion, Mayor Pro -Tem Vogelsang made a motion and Councilmember Hodges
seconded the motion to approve Ordinance No. 18-09 for a Specific Use Permit (SUP) for
a Restaurant with Drive -Through in Westfork Crossing, on 2.1± acres, located on the north
side of US 380, 450± feet west of Gee Road. The motion was approved by a vote of 5-1,
with Deputy Mayor Pro -Tem Dixon casting the opposing vote.
8. Conduct a Public Hearing, and consider and act upon an ordinance amending a
portion of Planned Development -40 -Single Family Residential (PD -40 -SF) to amend
the development standards to allow for the development of an amenity center and
recreational water facility, on 25.3± acres, located on the north side of Pepper Grass
Lane, 1,400± feet east of Windsong Parkway. (Z17-0022). (AG)
Councilmember Dugger arrived at 7:00 p.m. and took his place at the Council bench.
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of this amendment is to modify the layout and development standards of PD -40
to facilitate the development of a proposed 25.3± acre amenity center and recreational
water facility called "The Lagoon." The amendment requires development of the site in
accordance with the conceptual layout, elevations, and landscaping. The proposed
"Lagoon" is a private amenity center and recreational water facility consisting of a 5± acre,
rubber -lined body of fresh water that will offer recreational activities and amenities for
residents of Windsong Ranch. The facility will not be open to the general public.
Mayor Smith opened the Public Hearing.
David Blom of Terra Verde Group, representing the applicant, answered questions from
the Town Council regarding parking, noting that he does not anticipate the need for
overflow parking, and residents will have access to the lagoon via trails throughout the
development.
With no one else speaking, Mayor Smith closed the Public Hearing.
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Councilmember Miller made a motion and Councilmember Korbuly seconded the motion
to approve Ordinance No. 18-10 to amend a portion of Planned Development 40 -Single
Family Residential (PD -40 -SF) and amend the development standards to allow for the
development of an amenity center and recreational water facility, on 25.3± acres, located
on the north side of Pepper Grass Lane, 1,400± feet east of Windsong Parkway. The
motion was approved by a vote of 7-0.
9. Conduct a Public Hearing, and consider and act upon an ordinance amending
Chapters 3 and 4 of the Zoning Ordinance regarding Tree Mitigation and Definitions.
(Z17-0020). (DR)
Parks and Recreation Director Dudley Raymond presented this item before the Town
Council. Town staff has identified portions of the Town's current tree mitigation and tree
protection requirements that are in need of revision. The current ordinance allows
developers to clear large portions of native trees on properties without having to replace
or mitigate for their removal. An update to the current standards would help to ensure that
important native vegetation within the Town is preserved to help with both aesthetics and
potential water runoff. In addition, the proposed revision would aim to provide further
protection to existing trees that are to be preserved through the use of updated barrier
standards. Mr. Raymond reviewed the details of the proposed ordinance.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
After discussion, Councilmember Korbuly made a motion and Councilmember Hodges
seconded the motion to approve Ordinance 18-11 amending Chapters 3 and 4 of the
Zoning Ordinance, regarding Tree Mitigation and Definitions. The motion was approved
by a vote of 7-0.
10. Conduct a Public Hearing and consider and act upon an ordinance amending
Chapter 3, of the Zoning Ordinance regarding Commercial Antennas and Wireless
Communication Facilities. (Z17-0023). (JW)
Development Services director John Webb presented this item before the Town Council.
As the Town continues to grow and the demand on wireless communication systems
increases, Town staff has determined that the Planning & Zoning Commission and Town
Council need the flexibility to consider the appropriateness of these facilities in residential
zoned districts and other commercial districts. The proposed amendment would allow the
Planning & Zoning Commission and Town Council to consider Specific Use Permit (SUP)
requests on a case-by-case basis. Town staff is also proposing an amendment to allow
temporary wireless communication structures upon approval of a Specific Use Permit.
Currently, the Zoning Ordinance does not provide a process for a request of this type.
The amendment was requested by the developer of Windsong Ranch, due to rapid growth
and the immediate need for increased service in this area. At the request of the Council,
the Town Attorney provided language to require a time limit on the SUPs.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
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11.
12.
13.
Councilmember Dugger made a motion and Councilmember Hodges seconded the motion
approving Ordinance No. 18-12 amending Chapter 3, Permitted Uses and Definitions of
the Zoning Ordinance regarding Commercial Antennas and Wireless Communication
Facilities, subject to the revision of Section 11.(e) provided by the Town Attorney. The
motion was approved by a vote of 7-0.
DEPARTMENT ITEMS:
Discussion on proposed amendments to the Sign Code. (MD17-0009) (JW)
Development Services Director John Webb presented this item before the Town Council.
Town staff has been working for several months in conjunction with the Town Attorney on
a comprehensive re -write of the Town's Sign Code, primarily due to a 2015 United States
Supreme Court Decision that affects local government sign regulation. Mr. Webb
reviewed key areas of the Sign Code that will be revised. Town staff will solicit feedback
from the Prosper Developer's Council and return with a draft ordinance to be considered
at a future Town Council meeting. No further action was taken.
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.
12c. Section 551.071 — Consultation with the Town Attorney regarding legal
issues associated with sign regulations, and all matters incident and related
thereto.
12d. 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 7:54 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 9:20 p.m.
Mayor Pro -Tem Vogelsang made a motion and Councilmember Dugger seconded the
motion to appoint Heidi Bullock to the Library Board. The motion was approved by a vote
of 6-0.
Meigs Miller returned to the Council bench.
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14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Zucker Report (HW)
Hulon Webb, Executive Director of Development and Community Services, briefed the
Council on recommendations and actions taken as a result of the Zucker Report, which
analyzed customer service concerns related to the Town's development processes.
• Parking Plan for Frontier Park Spring Season (DR)
Dudley Raymond, Parks and Recreation Director, updated the Council on efforts made
to plan for parking at Frontier Park as a result of construction projects in the area.
• Frontier Park North Grand Opening (DR)
Dudley Raymond briefed the Council on plans for the upcoming Grand Opening of
Frontier Park North, which is planned for Sunday, February 25, 2018.
• Discuss February and March Town Council meeting schedules. (RB)
Town Secretary/PIO Robyn Battle updated the Council on upcoming Council meeting
dates. The February 27, 2018, Town Council meeting will take place at Life Journey
Church, due to Municipal Chambers serving as a polling location for early voting for
the March 6 Primary Elections. Ms. Battle also inquired whether a quorum of the
Council would be present for the March 13, 2018, Town Council meeting, since it falls
during the week of Spring Break.
15. Adjourn.
The meeting was adjourned at 9:35 p.m., on Tuesday, January 23, 2018,
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