02.27.2018 Town Council Minutes1.
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TF
OWN OF
PR15SPER
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order 6:02 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tem Curry Vogelsang, Jr.
Deputy Mayor Pro -Tem Jason Dixon
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Jeff Hodges
MINUTES
Meeting of the Prosper Town Council
Life Journey Church
104 W. Broadway Street
Prosper, TX 75078
Tuesday, February 27, 2018
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
Paul Naughton, Landscape Architect
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Jim Lugar of Life Journey Church led the invocation. The Pledge of Allegiance and
the Pledge to the Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Hodges read the following announcements:
The Council would like to extend a special thanks to Pastor Jim Lugar and Life Journey
Church for allowing us to meet here tonight.
The Town celebrated the Grand Opening of Frontier Park North on Sunday. The complex
features two youth baseball/softball fields and two multi-purpose fields to accommodate
game and practice space for a variety of sports. The Council would like to thank everyone
who contributed to the success of this project.
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Early voting for the March 6 Primary election will continue in Prosper Municipal Chambers
through this Friday. Election Day is March 6. Information and sample ballots are available
on the Collin County and Denton County Election websites.
The It's Time Texas Community Challenge ends on March 4, but there is still time to help
Prosper win a three -peat! Professional Black Belt Academy will lead a Community
Workout this Saturday, March 3, at 9:00 a.m. at Windsong Park. All fitness levels are
welcome.
Residents are invited to attend a "Newcomer's Guide to Gardening" event on March 3,
from 8:00 a.m.-1:00 p.m., at the Collin College Central Park Campus in McKinney. This
free event, presented by Texas A&M AgriLife and the North Texas Municipal Water
District, will teach residents sustainable gardening and landscaping practices. Registration
information is available on the Town website.
The 7th Annual Prosper Spring Clean Up will be held on Saturday, March 24, from 8:00
a.m.-noon. The drop-off zone will be located along Craig Road in front of Rucker
Elementary. Prosper residents may drop off unwanted items such as scrap lumber,
appliances, old eyeglasses, and other household items. For more information, please visit
the Town website.
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 — February 13, 2018
4b. Receive the Monthly Financial Report. (KN)
4c. Receive the Quarterly Investment Report. (KN)
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)
Finance Director Kelly Neal responded to a question from Councilmember Korbuly about
the Monthly Financial Report. After discussion, Councilmember Korbuly 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 7-0.
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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.
Alan Michlin, 3526 Smiley Road, Prosper, addressed the Council about the condition of
Parvin Road and other west side roads that were flooded during the recent rainstorms.
He requested the Council take action to repair the roads.
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 an ordinance for a Specific
Use Permit (SUP) for a Temporary Wireless Communication & Support Structure,
on 0.1t acre, located on the northeast corner of Pine Leaf Lane and Mountain Laurel
Drive. The property is zoned Planned Development -40 (PD -40). (S18-0001). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of this request is to allow for a Temporary Wireless Communication & Support
Structure, which consists of a 71 -foot tall support structure with associated ground -
mounted equipment within the 200 square -foot lease area. The site is located in a future
phase of the townhome development within Windsong Ranch. The property owner, TVG
Texas I, LLC, has requested a temporary Specific Use Permit for a one-year time period,
which would begin from the date the ordinance is approved by Town Council.
The purpose of the temporary antenna is to improve wireless communication services for
the area within one mile of the structure. The structure will only accommodate a single
carrier, AT&T. The requested one-year time period will allow AT&T and the property
owner time to submit a request to the Town for a permanent wireless communication
support structure.
Mayor Smith opened the Public Hearing.
K.D. Burdette, 4171 Pepper Grass Lane, Prosper, spoke on behalf of the applicant, AT&T.
Mr. Burdette confirmed that the utility pole will be inspected by an engineering firm for wind
load to ensure safety. The company is in negotiations for a permanent cell tower location
in the area to be in place by the end of 2018.
David Blom, representing the property owner, TVG Texas I, LLC, confirmed that the lease
with AT&T prohibits any other carriers on the location, and does not contain a renewal
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provision after the initial one-year period. He stated that he feels confident the Windsong
Ranch residents would support the installation of the temporary tower.
With no one else speaking, Mayor Smith closed the Public Hearing.
Councilmember Miller made a motion and Councilmember Korbuly seconded the motion
to approve Ordinance 18-15 for a Specific Use Permit (SUP) for a Temporary Wireless
Communication & Support Structure, on 0.1± acre, located on the northeast corner of Pine
Leaf Lane and Mountain Laurel Drive, subject to the following:
1. Expiration of the Specific Use Permit one-year following the date of Town Council
approval;
2. Removal of the wireless communication and support structure, all associated ground -
mounted equipment, and gravel access drive, prior to expiration of the Specific Use
Permit; and
3. Painting of the antennas and brackets to match the color of the main pole support
structure.
The motion was approved by a vote of 7-0.
7. Conduct a Public Hearing, and consider and act upon a request to rezone a portion
of Planned Development -65 -Single Family Residential/Commercial (PD-65-SF/C), to
facilitate the development of an Automobile Dealership (Chrysler, Dodge, Jeep,
Ram), on 16.6± acres, located on the north side of US 380, 875± feet east of Legacy
Drive. (Z17-0016). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of this request is to rezone 5.45± acres from PD -65 -SF and 11.15± acres from
PD -65-C to allow for a new automotive sales and leasing facility, Chrysler Dodge Jeep
Ram (CDJR), as a permitted use, on the overall 16.6± acres. Currently, the PD -65 -SF
portion of the property does not permit the use, and the PD -65-C portion of the property
permits the use with approval of a Specific Use Permit (SUP). This request, if approved,
will create a new Planned Development District for the auto use in lieu of using an SUP.
Mayor Smith opened the Public Hearing.
Matt Moore of Claymoore Engineering, spoke on behalf of the applicant. Mr. Moore
proposed the use of a basalt material in lieu of the porcelain tile that was originally
proposed. He stated that the architectural details for the water feature are still under
design.
Bill Pye, the architect for the project, described the bamboo material for the project, noting
that the material is a requirement for the company's corporate identity. He described the
tentative design for the proposed water features.
At the Council's request, Mr. Moore agreed to add staggered berming to the site. He also
requested that the pond in the northwest corner be a dry detention pond, since it will be
adequately screened from adjacent residential areas.
Clint Richardson, representing Greater Texas Land Resources, an adjacent property
owner, spoke in favor of the project and the request for the dry detention pond.
With no one else speaking, Mayor Smith closed the Public Hearing.
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After discussion, Councilmember Dugger made a motion and Councilmember Miller
seconded the motion to approve the request to rezone a portion of Planned Development -
65 -Single Family Residential/Commercial (PD-65-SF/C) to Planned Development -
Commercial, to facilitate the development of an Automobile Dealership (Chrysler, Dodge,
Jeep, Ram), on 16.6± acres, located on the north side of US 380, 875± feet east of Legacy
Drive;
1. Further, 2 x 6 basalt stone shall replace the porcelain tile proposed for the building
facades depicted in Exhibit F;
2. The water features shall have the stone features as described by the applicant, and a
2-3 foot staggered berm shall be placed between the access road and the parking lot;
and
3. A detention pond shall be located in the northwest corner of the site.
The motion was approved by a vote of 7-0.
DEPARTMENT ITEMS:
8. Consider and act upon awarding Bid No. 2018-46-B to SRH Landscapes LLC.,
related to construction services for the Town Hall Open Space Landscape and
Irrigation Improvements project; and authorizing the Town Manager to execute a
construction agreement for same. (PN)
Landscape Architect Paul Naughton presented this item before the Town Council. The
scope of this contract includes grading, landscaping and irrigation of the open space lot
south of Town Hall. This work will commence after the site clearing work has been
performed. It is anticipated the work will begin late April and will be complete by mid-May.
Mr. Naughton confirmed that although the Town has not used the services of the proposed
contractor previously, they have successfully completed projects of a similar scope, and
Town staff is satisfied with their references.
After discussion, Deputy Mayor Pro -Tem Dixon made a motion and Councilmember
Hodges seconded the motion to approve awarding Bid No. 2018-46-B to SRH Landscapes
LLC., related to construction services for the Town Hall Open Space Landscape and
Irrigation Improvements project; and authorizing the Town Manager to execute a
construction agreement for same. The motion was approved by a vote of 7-0.
9. Consider and act upon authorizing the Town Manager to execute Contract
Amendment #1 to the Professional Engineering Services Agreement between
Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of
the Lower Pressure Plane Water Supply Line Phase 1 project (HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. On April 11, 2017, the Town entered into an agreement
with Freese and Nichols, Inc., to design the Lower Pressure Plane Water Supply Line
Phase 1 project. Preliminary design plans for the water line indicate that easements will
be required on 32 different properties. While staff anticipates that it will be able to obtain
easements from the property owners of up to 15 of the 32 parcels, the remainder will
require significant effort.
Staff has received a proposal from Freese and Nichols, Inc., to provide easement
acquisition services for the easements anticipated to require significant effort. The scope
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of services include negotiating with the property owners, obtaining appraisals, and if
necessary, assisting with eminent domain.
Councilmember Dugger made a motion and Councilmember Hodges seconded the motion
to authorize the Town Manager to execute Contract Amendment #1 to the Professional
Engineering Services Agreement between Freese and Nichols, Inc., and the Town of
Prosper, Texas, related to the design of the Lower Pressure Plane Water Supply Line
Phase 1 project. The motion was approved by a vote of 7-0
10. 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 review the Town Manager's performance
evaluation.
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 7:22 p.m.
11. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:25 p.m.
Councilmember Miller made a motion and Councilmember Dugger seconded the motion
to appoint Amy Bartley to the Planning & Zoning Commission, Place 3; and Cameron
Reeves to the Parks & Recreation Board, Place 5. The motion was approved by a vote
of 7-0.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discussion on Field Naming (HW)
Hulon Webb, Executive Director of Development and Community Services, briefed the
Council on the Parks & Recreation Board's efforts to create a field naming policy. The
Council concurred with the plan to continue the practice of naming practice fields after
former mayors of Prosper.
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Councilmember Korbuly requested that staff also come up with a way to name the new
multi-purpose fields at Frontier Park North.
Town Manager Harlan Jefferson addressed Council's concerns about the west side
roads, stating that staff would initiate a process to repair the roads damaged by recent
flooding.
13. Adjourn.
The meeting was adjourned at 9:31 p.m., on Tuesday, February 27, 2018.
These minutej%4"3M4A !w?; a 13th day of March 2018.
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Ray Smit, Mayor
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Town Secretary
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