05.22.2018 Town Council Minutes1.
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TOWN OF
SPER
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order 6:04 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tem Curry Vogelsang, Jr.
Deputy Mayor Pro -Tem Jason Dixon
Councilmember Mike Korbuly
Councilmember Kenneth Dugger
Councilmember Jeff Hodges
Council Members Absent:
Councilmember Meigs Miller
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, May 22, 2018
Staff Members Present:
Harlan Jefferson, Town Manager
Terrence Welch, Town Attorney
Khara Sherrill, Administrative Assistant
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Planning Manager
Dudley Raymond, Parks and Recreation Director
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
Leigh Johnson, IT Director
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Mayor Pro -Tem Vogelsang led the invocation. The Pledge of Allegiance and the Pledge
to the Texas Flag were recited.
Announcements of recent and upcoming events.
The Fire Department's Fill the Boot Campaign will take place tomorrow through Friday to
raise money to benefit the Muscular Dystrophy Association. Firefighters will be at various
intersections around town collecting donations.
Early voting for the Runoff Election for Town Council Place 2 begins on June 4. Prosper
residents who live in Collin County may vote in Prosper Municipal Chambers, and Denton
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County residents may vote at Fire Station 2. Election Day is June 16. More information is
available on the Town website.
The Prosper Community Library Summer Kick -Off Event is on June 2 at 10:00 a.m. This
year's theme is "On The Move." The event will include games, prizes, raffles and crafts for
all ages, and participants are encouraged to sign up for the summer reading program.
Registration is now open for Prosper's Summer recreation programs, sports, and activity
camps, including Magic Camp which incorporates music, theater, and performance skills.
Sign up at www. Pros perParksandRec. orq.
The Prosper Town Council would like to congratulate the Prosper High School Class of
2018. This year's senior class will celebrate their graduation on Saturday, May 26, at The
Star in Frisco. Our best wishes to the 2018 graduates and their families for a safe and
happy graduation celebration.
Councilmember Korbuly announced that the Prosper Baseball Team continues their
season with a home game this Thursday, and an away game in Cleburne on Friday night.
Mayor Smith congratulated the Prosper soccer team that won their semifinal game in
overtime after 11 shootout kicks.
Deputy Mayor Pro -Tem Dixon congratulated the Prosper Lacrosse Team for reaching the
state finals.
4. Presentations.
Present Certificate of Election to Jason Dixon, Town Council Place 6. (RB)
Mayor Smith presented a Certificate of Election to Councilmember Dixon.
• Present Certificates of Appreciation to members of the Temporary Board of the
Town of Prosper Crime Control and Prevention District, and Fire Control,
Prevention, and Emergency Medical Services District. (RB)
Mayor Smith presented Certificates of Appreciation to Curry Vogelsang, Jr., Jeff
Hodges, David Bristol, and Ken Seguin.
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 — May 8, 2018
• Special Called Meeting— May 14, 2018
5b. Receive the March Financial Report. (KN)
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5c. Receive the Quarterly Investment Report. (KN)
5d. Consider and act upon authorizing the Town Manager to execute a Bank
Depository Service Agreement between Independent Bank and the Town of
Prosper for the Town's bank depository services. (KN)
5f. Consider and act upon authorizing the Construction Manager at Risk (CMAR)
procurement method for the construction of the Town of Prosper Public
Safety Complex, Phase 1 (Police Station and Dispatch) facility. (HW)
5g. 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 Korbuly removed Item 5e from the Consent Agenda.
Councilmember Dugger made a motion and Councilmember Hodges seconded
the motion to approve all remaining items on the Consent Agenda. The motion
was approved by a vote of 6-0.
5e. Consider and act upon awarding CSP No. 2018-45-A to Mercury
Communications, Inc., for the purchase of a unified telephone
communications system; and authorizing the Town Manager to execute a
Contract for the Sale of Communication Equipment for the same. (LJ)
IT Director Leigh Johnson responded to questions from Council. He stated that
the current phone system, including technical support, is no longer being
supported by the manufacturer, necessitating the purchase of a new system.
After discussion, Councilmember Korbuly made a motion and Councilmember
Dugger seconded the motion to award CSP No. 2018-45-A to Mercury
Communications, Inc., for the purchase of a unified telephone communications
system; and authorize the Town Manager to execute a Contract for the Sale of
Communication Equipment for the same. 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.
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
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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 an ordinance amending
Specific Use Permit -19 (S-19) for a Child Day Care Center (Alpha Montessori), on
2.4± acres, located on Legacy Drive, 500± feet north of Prairie Drive. The property
is zoned Planned Development -65 -Single Family (PD -65) and Specific Use Permit
(S-19). (S18-0002). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. Specific
Use Permit -19 for Alpha Montessori was approved by the Town Council on February 28,
2017. The purpose of the amendment is to reduce the size of the Day Care Center from
13,700 square to 10,273 square feet, which reduces the number of students from 190 to
186. The proposed number of parking spaces will not be reduced, and the amount of
outdoor play are has been increased from 12,374 to 13,325 square feet.
Exhibit C has been revised to include a masonry screening wall with large shade trees
along the western property line. The revised Exhibit D shows the proposed changes to
the building elevations, which includes the removal of the taller indoor recreation area,
which lowered the overall building elevations; and additional stone to wrap the metal
support posts on the entrance canopy.
Kevin Patel, the applicant, noted that the facility would be the third Alpha Montessori
location in the area, with the other two located in Frisco and Plano. He stated that the
proposed amendment to the SUP resulted from the discovery that the existing floorplan
was not designed efficiently. Council expressed a preference for more articulation on the
building, and more windows. The applicants agreed to the request.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Councilmember Dugger made a motion and Deputy Mayor Pro -Tem Dixon seconded the
motion to approve Ordinance No. 18-35 to amend Specific Use Permit -19 (S-19) for a
Child Day Care Center (Alpha Montessori), on 2.4± acres, located on Legacy Drive, 500±
feet north of Prairie Drive, and the elevations shall be amended to reflect the addition of
three windows to the tower over the entryway and to the East elevation the addition of
dormers in stone. The motion was approved by a vote of 6-0.
8. 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 (Lot 3),
on 1.0± acre, located on the north side of US 380, 700± feet west of Gee Road. The
property is zoned Commercial (C). (S18-0003). (AG)
9. 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 (Lot 5),
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on 2.2± acres, located on the north side of US 380, 1,000± feet west of Gee Road.
The property is zoned Commercial (C). (S18-0004). (AG)
Mayor Smith opened Items 8 and 9 concurrently.
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of this request is to allow for restaurants with drive-through service on Lots 3 and
5. If approved, the request would allow for a total of three restaurants with drive-through
service in the development. Lot 2 of the same development has already received approval
for a drive-through restaurant.
Specific Use Permit requests typically include conceptual elevations and a landscape plan
in conjunction with the application. At this time, the proposed user is not known; therefore,
staff recommends that the required Site Plan, Facade Plan, and Landscape plan require
approval by Town Council, subject to recommendation by the Planning & Zoning
Commission. The proposed tenant for Lot 5 is Rosa's Cafe. The tenant for Lot 3 has not
yet been identified.
Kevin Weir, Spiars Engineering, spoke on behalf of the applicant. Once the preliminary
site plan has been approved by the Planning & Zoning Commission, it will be brought
before the Town Council for approval. The new site plan will memorialize the new
restriction of a total of three drive-through restaurants. Mr. Weir noted that the use for Lot
4 has not yet been identified.
Mayor Smith opened the Public Hearings for Items 8 and 9 concurrently.
With no one speaking, Mayor Smith closed the Public Hearings.
After discussion, Deputy Mayor Pro -Tem Dixon made a motion and Councilmember
Korbuly seconded the motion to approve Ordinance 18-36 for a Specific Use Permit (SUP)
for a Restaurant with Drive -Through in Westfork Crossing (Lot 3), on 1.0± acre, located
on the north side of US 380, 700± feet west of Gee Road subject to Town Council approval
of the Site Plan, Fagade Plan, and Landscape Plan. The motion was approved by a vote
of 5-1, with Mayor Pro -Tem Vogelsang casting the opposing vote.
Deputy Mayor Pro -Tem Dixon made a motion and Councilmember Korbuly seconded the
motion to approve Ordinance No. 18-37 for a Specific Use Permit (SUP) for a Restaurant
with Drive -Through in Westfork Crossing (Lot 5), on 2.2± acres, located on the north side
of US 380, 1,000± feet west of Gee Road subject to Town Council approval of the Site
Plan, Fagade Plan, and Landscape Plan. The motion was approved by a vote of 6-0.
10. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific
Use Permit (SUP) for a Restaurant with Drive -Through, in Windsong Ranch
Marketplace (Panera Bread), on 1.2± acres, located on the north side of US 380, 500±
feet west of Windsong Parkway. The property is zoned Planned Development -40
(PD -40). (S18-0005). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of this request is to allow for a restaurant (Panera Bread) with drive-through
service. The proposed layout consists of a one-story, 4,391 square foot building with
drive-through service.
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Mayor Smith opened the Public Hearing
With no one speaking, Mayor Smith closed the Public Hearing.
Mayor Pro -Tem Vogelsang made a motion and Councilmember Dugger seconded the
motion to approve Ordinance No. 18-38 for a Specific Use Permit (SUP) for a Restaurant
with Drive -Through in Windsong Ranch Marketplace (Lot 13), on 1.2± acres, located on
the north side of US 380, 500± feet west of Windsong Parkway. The motion was approved
by a vote of 6-0.
11. Conduct a Public Hearing, and consider and act upon an ordinance amending
Chapter 3, Section 1 "Use of Land and Buildings," and Section 2 "Definitions," of
the Zoning Ordinance, regarding Home Occupation, Child Care Centers, Household
Care Facilities, and Community Homes. (Z17-0015). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. At the
March 13, 2018, Town Council meeting, Town staff presented proposed amendments to
the existing ordinance, and received feedback from the Town Council. Town staff has
prepared a draft ordinance that includes the following changes to the previously presented
amendments to the Home Occupation, Child Care Center, Household Care Facility, and
Community Home regulations:
1. Permitting one non-resident employee who may regularly visit the home for business
related to a home occupation; and
2. Providing for a definition of a business-related vehicle.
Mr. Glushko reviewed the details of the proposed ordinance, and responded to questions from
the Town Council regarding home occupations.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Town staff and the Town Council discussed potential enforcement issues with the ordinances,
and how the proposed ordinance would affect existing home-based businesses.
After discussion, Councilmember Dugger made a motion and Councilmember Hodges
seconded the motion to approve Ordinance No. 18-39 amending Chapter 3, Section 1 "Use
of Land and Buildings," and Section 2 "Definitions," of the Zoning Ordinance, regarding
Home Occupation, Child Care Centers, Household Care Facilities, and Community
Homes. The motion was approved by a vote of 6-0.
12. Conduct a Public Hearing, and consider and act upon a request to amend the Old
Town Inset Map of the Future Land Use Plan from Old Town Core — Single Family
to Old Town Core — Retail, located on the east side of Coleman Street, between Fifth
Street and north of Seventh Street. (CA18-0001). [Companion Cases Z18-0002 and
MD18-0003] (AG)
Mayor Smith opened Items 12, 13, and 14 concurrently.
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13. Conduct a Public Hearing, and consider and act upon a request to rezone 0.7± acre
from Single Family -15 (SF -15) to Downtown Retail (DTR), located on the southeast
corner of Seventh Street and Coleman Street. (Z18-0002). [Companion Cases CA18-
0001 and MD18-0003] (AG)
DEPARTMENT ITEMS:
14. Consider and act upon a request for a Fagade Exception for Cornerstone, located
on the southeast corner of Seventh Street and Coleman Street. (MD18-0003).
(Companion Cases CA 18-0001 and Z18-0002 (AG)
The applicant has requested Items 12, 13, and 14 be tabled to the June 12, 2018, Town
Council meeting.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to table Items 12, 13, and 14 to the June 12, 2018, Town Council meeting. The motion
was approved by a vote of 6-0.
15. Consider and act upon amending Ordinance No. 17-65 (FY 2017-2018 Budget). (KN)
Finance Director Kelly Neal presented this item before the Town Council. The proposed
budget amendment will provide funding for the hire of an additional Building Inspector II,
effective August 1, 2018, to meet additional demand for building inspections. The Town
will continue to utilize the services of Bureau Veritas for large commercial projects.
After discussion, Councilmember Dugger made a motion and Councilmember-Korbuly --
seconded the motion to approve Ordinance No. 18-40 amending Ordinance No. 17-65
(FY 2017-2018 Budget) to provide funding increase expenditures in the General Fund
associated with hiring a Building Inspector II. The motion was approved by a vote of 6-0.
16. Discussion on West Prosper Park Land Study. (DR)
Parks and Recreation Director Dudley Raymond presented this item before the Town
Council. The Town has engaged Cardinal Strategies Engineering Services, LLC., to
provide engineering services to investigate potential reclamation along Doe Branch
Mainstem for the purpose of evaluating the ability to develop sports fields within the, area
(i.e. West Prosper Park Land).
Thomas Caffarel from Cardinal Strategies addressed the Council and provided additional
details on the study. Cardinal Strategies developed an exhibit showing the 100 -year, 50 -
year and 25 -year floodplain, and areas that could be reclaimed within the Doe Creek
Branch Mainstem north of US 380.
Mr. Raymond concluded the presentation by stating that reclamation of the floodplain,
while possible in some areas, would still be subject to periodic flooding. Town staff
recommended that the area be considered for practice fields in the future; however, it is
not recommended to be used for game fields. No further action was taken.
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17. 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:
17a. Section 551.087 — To discuss and consider economic development
incentives.
17b. 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 7:39 p.m.
18. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:10 p.m.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to authorize the Town Manager to execute an Economic Development Agreement with
Northeast 423/380, Ltd., and Northwest 423/380, L.P. The motion was approved by a
vote of 6-0.
19. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Park Sponsorship Policy (DR)
Dudley Raymond presented this item before the Town Council. The Parks and
Recreation Board has been discussing a sponsorship/naming rights policy for Parks
and Recreation facilities and items. Town staff will return to a future Council meeting
with a proposed policy for donations/sponsorships by individuals and corporations.
The Board and Town staff will take several factors into account when developing the
policy, including the life expectancy of the donated item, ongoing maintenance costs,
the benefits to the Town, and the architectural and aesthetic appeal. The Council
would prefer to retain the right to approval naming rights for larger donations, facilities,
and parks.
Responding to a question from the Council regarding the Town's agreement with
Cedarbrook Media for the Pride in the Sky event, Mr. Raymond clarified that while the
Town provides a cash sponsorship intended to pay for fireworks, it is not necessarily
the sole sponsor for fireworks at the event.
• Town Hall Contingency (HW)
Hulon Webb, Executive Director of Development and Community Services, updated
the Council on the remaining owner's contingency for the Town Hall/Multi-Purpose
Facility project, which is currently approximately $189,000. Town staff is requesting
flexibility to allow the Town Manager to execute any Change Orders for unanticipated
project costs, to prevent any delay to the July 4 substantial completion date. Any
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Change Orders exceeding $25,000 would be brought before Council at the following
meeting to be ratified.
Mr. Webb provided an update on the timeline for several downtown improvement
projects.
20. Adjourn.
The meeting was adjourned at 9:23 p.m., on Tuesday, May 22, 2018.
These minutes ap rf*0116"t�1q 1ZI day of June 2018.
�i�r.. •.,� A �,, APPROVED:
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Pat, 121�
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Ray Smit , Mayor
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ATTEST-. ��i. _ Tr: h, C; A .1.\
Town Secretary
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