01.08.2019 Town Council Minutesr I`,
MINUTES
TOWN OF Meeting of the Prosper Town Council
P S P E R Prosper Town Hall
Council Chambers
200 S. Main Street
Prosper is a place where everyone matters. Prosper, TX 75078
Tuesday, January 8, 2019
AGENDA BRIEFING
1. Call to Order/Roll Call.
The meeting was called to order at 5:46 p.m.
Council Members Present:
Mayor Ray Smith
Deputy Mayor Pro -Tern Jason Dixon
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Council Members Absent:
Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Mike Korbuly
' Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Town Secretary/PIO
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Planning Manager
Pete Anaya, Deputy Director of Engineering Services
Leslie Scott, Director of Library Services
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
2. Questions about items listed on the Regular Meeting Agenda.
Discussion was held on the proposed changes to the Special Events ordinance (Item 4d
on the Consent Agenda), and the current enforcement procedures. Town staff responded
that the proposed changes are intended to provide more time for staff to review
applications.
Planning Manager Alex Glushko responded to questions regarding the density of the
Townhome development in Windsong Ranch, and the proposed changes to the
development standards (Item 7 on the Regular Agenda). Now that the development has
' been fully master -planned, developers are able to more accurately reflect the anticipated
density, which will decrease from 8 dwelling units per acre to 6 dwelling units per acre,
although the number of townhomes will increase slightly.
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Mr. Glushko clarified that the repeal of the SUPs in Items 8 and 9 on the Regular Agenda
are intended to amend the permitted uses on the property, since the developer's plans
have changed.
Fire Chief Blasingame clarified the location of the proposed modular building near the
Central Fire Station (Item 4g on the Consent Agenda).
3. Discussion Items:
• HOA Presidents Meeting (HJ)
Town Manager Harlan Jefferson briefed the Council on an upcoming meeting for HOA
Presidents on January 24, 2019. The purpose of the meeting is to update the HOA
leaders on the US 380 expansion issue, as well as current topics of interest within the
Town.
■ Discussion on Draft Non-residential Standards (AG)
Planning Manager Alex Glushko briefed the Council on proposed non-residential
development standards. He presented images of brick patterns, window details,
building materials, and landscaping. The proposed standards will include a
combination of descriptive language and images to provide developers and architects
clear guidance on preferred architectural details and landscaping. A proposed
ordinance will be brought forward for Council consideration at a future meeting.
The Agenda Briefing was adjourned at 6:21 p.m.
REGULAR MEETING CONVENES IN COUNCIL CHAMBERS IMMEDIATELY
FOLLOWING AGENDA BRIEFING
1. Call to Order/Roll Call.
The meeting was called to order at 6:24 p.m.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Retired U.S. Army Chaplain Carl Rau led the invocation. The Pledge of Allegiance and
the Pledge to the Texas Flag were recited.
3. Announcements of recent and upcoming events.
Councilmember Craig Andres read the following announcements:
The Community Library's Winter & Spring 2019 Program is now available, and programs
begin today. A variety of events and activities are offered each week for children, teens,
and adults. More information is available on the Town website.
The Town of Prosper is providing a central drop-off point for Christmas trees through
Sunday, January 13. The unattended drop-off center is located in the parking area on the
south side of First Street between the Central Fire Station and the water tower. The site
is open 24 hours a day, and there is no charge for the service. Trees must be cleared of
any lights, ornaments, tinsel, and any other non -organic material.
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The Town has contracted with CWD as the new provider for trash and recycling services.
New trash and recycling carts will be delivered to residents later this month, and service
begins on January 28. Informational brochures will be delivered to residents with their
new carts, and with their monthly utility bills. More information is available on the Town
website.
Town offices will be closed on Monday, January 21, in honor of Martin Luther King Jr. Day.
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 — December 11, 2018
4b. Consider and act upon Ordinance No. 19-01 amending Ordinance No. 18-71
(FY 2018-2019 Budget). (KN)
4c. Consider and act upon ratifying a Purchase Contract with Nortex Modular
Leasing and Construction Company, dba BOXX Modular, for the purchase of
a modular building to provide adequate space for administration of the Fire
Department, Fire Marshal's Office, and Emergency Management. (SB)
4d. Consider and act upon Ordinance No. 19-02 amending Article 4.09, "Special
Events and Temporary Outdoor Seasonal Sales," of Chapter 4, "Business
Regulations," of the Town's Code of Ordinances. (JW)
4e. Consider and act upon Ordinance No. 19-03 rezoning a portion of Planned
Development-17 (PD-17) to Planned Development-Office/Retail (PD-O/R) and
rezoning Single Family-15 (SF-15) to Planned Development -Office (PD-O), on
15.2± acres, located on the southwest corner of Broadway Street and
Preston Road. (Z18-0007). (AG)
4f. Consider and act upon authorizing the Town Manager to execute an Escrow
Agreement between BG-GBT Broadway & Preston, L.P., and the Town of
Prosper, Texas, concerning the design and construction of a downtown
monument sign at the southwest corner of Broadway Street (FM 1193) and
Preston Road (SH 289). (HW)
4g. 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 Hodges made a motion and Councilmember Andres seconded the
motion to approve all items on the Consent Agenda. The motion was approved by
a vote of 5-0.
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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.
Bruce Carlin, 921 Grapevine Court, Prosper, spoke regarding increased truck traffic and
speeding on Prosper Trail, between Preston Road and Coleman Road. He asked for
additional enforcement efforts from the Police Department.
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.
ITEMS FOR INDIVIDUAL CONSIDERATION:
6. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 0.4±
acre from Single Family-15 (SF-15) to Downtown Office (DTO), located on the south
side of Broadway Street, east of Coleman Street (306 E. Broadway Street). (Z18-
0016). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of the rezoning request is to allow for the conversion of the existing home into a
beauty salon, in accordance with the DTO District standards and the Future Land Use
Plan. Applicants Ben and Teresa Hammond were present for any questions from the
Council. No additional exterior modifications to the home are required, however, the
applicants will construct a parking lot and add landscaping.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Councilmember Miller made a motion and Deputy Mayor Pro-Tem Dixon seconded the
motion to approve Ordinance No. 19-04 rezoning 0.4± acre from Single Family-15 (SF-
15) to Downtown Office (DTO), located on the south side of Broadway Street, east of
Coleman Street (306 E. Broadway Street). The motion was approved by a vote of 5-0.
7. Conduct a Public Hearing, and consider and act upon an ordinance amending a
portion of Planned Development-40 (PD-40), modifying the townhome development
standards, on 57.4± acres, located on the west side of Teel Parkway, south of
Fishtrap Road. (Z18-0017). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. In January,
2015, the Town Council approved an amendment to Planned Development-40 (PD-40),
specifically regarding the development standards for the 300 permitted townhomes within
Windsong Ranch. With this proposed amendment, the PD for the townhomes will be
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amended in its entirety; however, the development standards for the townhomes
constructed in Phase 1 will not be modified. Only townhomes to be constructed in the
future will be affected. The proposed amendment modifies the development standards
and allows for a new architectural style that will appeal to a broad customer base. The
number of allowed townhouses will be increased from 300 to 312 total lots along with
additional area for common areas.
David Blom of Tellus Group, the developer of Windsong Ranch, reiterated the terms of the
request.
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 Andres seconded the
motion to approve Ordinance No. 19-05 amending a portion of Planned Development-40
(PD-40), in order to modify the Development Standards for the Windsong Ranch
Townhouses, on 57.4± acres, generally located along the west side of Teel Parkway,
south of Fishtrap Road. The motion was approved by a vote of 5-0.
8. Conduct a Public Hearing, and consider and act upon an ordinance repealing
Specific Use Permit-24 (S-24), for a Drive -Through Restaurant in Westfork Crossing
(Lot 2), on 2.1± acres, located on the north side of US 380, west of Gee Road. The
property is zoned Commercial (C) and Specific Use Permit-24 (S-24). (S18-0010).
(AG)
Planning Manager Alex Glushko presented this item before the Town Council. On January
23, 2018, the Town Council adopted Ordinance No. 18-09, granting Specific Use Permit-
24 (S-24) which requires development of a drive -through restaurant on the subject
property, located on Lot 2 of the Westfork Crossing development. As opposed to a drive -
through restaurant, the applicant is proposing to develop a bank with drive -through on the
subject property, which is a permitted use in a Commercial (C) District. Development of
a use other than drive -through restaurant requires a repeal of the existing Specific Use
Permit. Because the Specific Use Permit was granted through the zoning process,
involving public hearings and notification, repealing of the Specific Use Permit requires
the same zoning process, involving public hearings and notification. The applicant has
provided a letter outlining their request to repeal S-24.
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 Miller seconded the
motion to approve Ordinance No. 19-06 repealing Specific Use Permit-24 (S-24), for a
Drive -Through Restaurant in Westfork Crossing (Lot 2), on 2.1± acres, located on the
north side of US 380, west of Gee Road. The motion was approved by a vote of 5-0.
9. Conduct a Public Hearing, and consider and act upon an ordinance repealing
Specific Use Permit-26 (S-26), for a Drive -Through Restaurant in Westfork Crossing
(Lot 3), on 1.0± acre, located on the north side of US 380, west of Gee Road. The
property is zoned Commercial (C) and Specific Use Permit-26 (S-26). (S18-0011).
(AG)
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Planning Manager Alex Glushko presented this item before the Town Council. On May
22, 2018, the Town Council adopted Ordinance No. 18-36, granting Specific Use Permit-
26 (S-26) which requires development of a drive -through restaurant on the subject
property. As opposed to a drive -through restaurant, the applicant is proposing to develop
a minor automotive repair use on the subject property, which is a permitted use in a
Commercial (C) District. Development of a use other than drive -through restaurant
requires a repeal of the existing Specific Use Permit. Because the Specific Use Permit
was granted through the zoning process, involving public hearings and notification,
repealing of the Specific Use Permit requires the same zoning process, involving public
hearings and notification. The applicant has provided a lettering outlining their request to
repeal S-26.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Councilmember Hodges made a motion and Councilmember Andres seconded the motion
to approve Ordinance No. 19-07 repealing Specific Use Permit-26 (S-26), for a Drive -
Through Restaurant in Westfork Crossing (Lot 3), on 1.0± acre, located on the north side
of US 380, west of Gee Road. The motion was approved by a vote of 5-0.
10. Consider and act upon a Site Plan, Landscape Plan, and Facade Plan for a Drive -
Through Restaurant (Rosa's Cafe) in Westfork Crossing, on 2.2± acres, located on
the north side of US 380, west of Gee Road. The property is zoned Commercial (C)
and Specific Use Permit-27 (S-27). (D18-0109). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. Per
Specific Use Permit-27 (S-27), the Site Plan, Landscape Plan, and Fagade Plan for a
drive -through restaurant on the subject property shall be approved by the Planning &
Zoning Commission and Town Council. The Site Plan shows the 6,940 square -foot drive -
through restaurant (Rosa's Cafe) in Westfork Crossing, which is a permitted use with the
approved Specific Use Permit. Ken Taft, representing the applicant, addressed the
Council regarding the building elevations, noting that the exterior will be similar to other
stores in the area.
After discussion, Councilmember Miller made a motion and Councilmember Hodges
seconded the motion to approve a Site Plan, Landscape Plan, and Fagade Plan for a
drive -through restaurant (Rosa's Cafe) in Westfork Crossing, on 2.2± acres, located on
the north side of US 380, west of Gee Road, subject to Town staff recommendations. The
motion was approved by a vote of 5-0.
11. 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:
11a. Section 551.087 — To discuss and consider economic development
incentives.
11 b. 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.
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12.
13.
14.
11c. Section 551.074 — To discuss and review the Town Manager's performance
evaluation.
The Town Council recessed into Executive Session at 6:50 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 8:05 p.m.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the
motion to authorize the Town Manager to execute a Real Estate Purchase and Sale
Agreement for approximately 17.763 acres, and further, to execute all appropriate
drainage easement and temporary construction easement documentation related thereto
for the purchase price referenced in the Agreement, for the property to be utilized for
municipal purposes. The motion was approved by a vote of 5-0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
No action was taken on this item.
Adjourn.
The meeting was adjourned at 8:06 p.m., on Tuesday, January 8, 2019.
These minutes approved on the 22"d day of January 2019.
A
e,
Z
APPROVED:
Ray Smith, M yor
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