02.11.2014 Town Council MinutesMINUTES
Regular Meeting of the
TOWN OF Prosper Town Council
Prosper Municipal Chambers
PER 108 W. Broadway, Prosper, Texas
Tuesday, February 11, 2014
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:02 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tern Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Curry Vogelsang, Jr.
Councilmember Danny Wilson
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Chris Copple, Director of Development Services
Kent Austin, Finance Director
Trish Featherston, Accounting Manager
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Wayne Bartley of First Baptist Prosper led the invocation.
3. Announcements of upcoming events.
Mayor Pro-Tem Miller made the following announcements:
The City of McKinney has closed Coit Road south of the US 380 intersection in
preparation for constructing a new asphalt connection. Southbound motorists should
use Preston Road or Custer Road to minimize delays. Weather permitting, the
intersection is scheduled to reopen this Friday, February 14.
The North Texas Municipal Water District will conduct maintenance on its system from
February 17 through March 17. This annual winter maintenance reduces the need to
flush systems during the warm weather periods, and conserves water. While residents
might notice a change in the taste and odor of the water during this time, the water will
continue to be safe.
Collin County is hosting a public meeting for area residents to review the Draft Collin
County Mobility Plan on Tuesday, February 18, from 6-8:30 p.m. at the Collin County
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Community College Campus in McKinney. The plan is updated every five years to
address transportation needs of county residents and businesses.
Prosper's annual Trout Derby will be held on Saturday, February 22, from 9:00-11:00
a.m. at Frontier Park. This free, family activity encourages youth to learn about fishing.
Prizes for various age groups will be awarded. Contact Julie Shivers with the Parks &
Recreation Department for more information.
The Town will hold its third annual Prosper Spring Clean Up event on Saturday, March
22, from 8:00 a.m.-Noon in the parking lots around Main Street Park. Residents may
bring old electronics, tree and yard debris, and bulk items to be recycled. On -site
shredding services will be available. Please bring a current water bill and drivers license
as proof of residency. For more information, please contact Kelly Vanaman in Utility
Billing.
4. Presentation.
• GFOA Achievement of Excellence in Financial Reporting —for fiscal year ended
September 30, 2012. (KA)
Mayor Smith, Deputy Mayor Pro-Tem Dugger, and Councilmember Vogelsang
presented the GFOA Achievement of Excellence in Financial Reporting plaque to
Finance Director Kent Austin and Accounting Manager Trish Featherston.
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 — January 28, 2014
• Special Meeting — January 29, 2014
Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a
vote of 7-0.
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.)
Mayor Smith recognized the following individuals who requested to speak:
Alan Michlin, 3526 Smiley Road, Prosper, spoke regarding poor road conditions on the
west side of Prosper. He urged Council to improve the maintenance of roads and
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encouraged the use of chip seal rather than curb and gutter pavement on the west -side
roads.
There were no other 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 rezone 6.5±
acres, located on the west side of Custer Road, 500± feet north of Prosper Trail,
from Agricultural (A) to Planned Development -Office (PD-O). (Z13-0009). (CC)
Mayor Smith recused himself from Items 7 and 8, as he is currently a member of the
Board of Directors of Lighthouse Church, and he stepped down from the Council bench.
Chris Copple, Director of Development Services, presented this item before the Town
Council. The proposed zoning request is to allow for non-residential development and
reduce the list of permitted uses from those allowed under straight Office zoning. The
Future Land Use Plan (FLUP) recommends Low Density Residential uses for the
property; however, Town Staff has considered the request using criteria provided in the
Comprehensive Plan for zoning requests that deviate from the FLUP. The Planning and
Zoning Commission has approved the request, and Town Staff recommends approval as
well. Mr. Copple responded to questions from the Town Council on building height
requirements and responses submitted by adjacent property owners.
Mayor Pro -Tern Miller opened the Public Hearing.
With no-one speaking, Mayor Pro -Tern Miller closed the Public Hearing.
Councilmember Korbuly made a motion and Deputy Mayor Pro -Tern Dugger seconded
the motion to approve a request to rezone 6.5± acres, located on the west side of Custer
Road, 500± feet north of Prosper Trail, from Agricultural (A) to Planned Development -
Office (PD-O). The motion was approved by a vote of 6-1.
8. Conduct a Public Hearing, and consider and act upon a request to amend 6.6±
acres of Planned Development-57-Office (PD-57-0), located on the north side of
Prosper Trail, 500± feet west of Custer Road. (Z13-0019). (CC)
Chris Copple, Director of Development Services, presented this item before the Town
Council. The proposed zoning request is to allow for the addition of two temporary
buildings to be located north of the existing building within the PD. While the FLUP
recommends Low Density Residential Uses for the property, the property was rezoned
Planned Development-57-Office (PD-O) after consideration of the criteria outlined in the
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Comprehensive Plan for zoning requests that deviate from the FLUP. The Planning and
Zoning Commission has approved the request, subject to landscaping being planted
between the temporary buildings and the Rhea Mills subdivision. The proposed
ordinance exhibits have been updated to reflect this recommendation, and Town staff
recommended approval of the request. Mr. Copple responded to questions from the
Town Council regarding the landscaping requirements, detention pond, and
requirements for temporary buildings under the current Town ordinance.
Mayor Pro-Tem Miller opened the Public Hearing.
Toby Haggard, 3737 E. Prosper Trail, Prosper, commented that the school district owns
temporary buildings, and are unlikely to leave them behind.
With no-one else speaking, Mayor Pro-Tem Miller closed the Public Hearing.
Councilmember Vogelsang made a motion and Deputy Mayor Pro -Tern Dugger
seconded the motion to approve a request to amend 6.6± acres of Planned
Development-57-Office (PD-57-0), located on the north side of Prosper Trail, 500± feet
west of Custer Road. The motion was approved by a vote of 6-1.
DEPARTMENT ITEMS:
9. Consider and act upon adopting an ordinance amending Article 4.02 of Chapter 4
of the Code of Ordinances related to the 2006 mixed beverage election and
alcohol permit fees to be collected by the Town. (RB)
Town Secretary Robyn Battle presented
January 28, 2014, Town Council meeting
the TABC fees for alcohol permits. Tr
collection of local permit fees. Ms. Battle
alcohol permit, and responded to ques
process.
this item before the Town Council. At the
the Council was provided with an update on
e Town's ordinance currently allows for the
reviewed the staff time required to process an
.ions from the Town Council on the permit
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember
Wilson seconded the motion to adopt Ordinance No. 14-06, amending Article 4.02 of
Chapter 4 of the Code of Ordinances related to the 2006 mixed beverage election and
alcohol permit fees to be collected by the Town. The motion was approved by a vote of
7-0.
10. Consider and act upon 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 2014, 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. (KA)
Finance Director Kent Austin presented this item before the Town Council. On
December 16, 2013, the Town Council approved a resolution directing staff to publish
notice of the Town's intent to issue Town of Prosper Combination Tax and Surplus
Revenue Certificates of Obligation to fund the Town's share of the Doe Branch
wastewater treatment plant, in an amount not to exceed $16 million. The plant is being
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built by the Upper Trinity Regional Water District (UTRWD) for the benefit of Prosper, the
City of Celina, Mustang Special Utility District, and Denton County Fresh Water Supply
District #10. UTRWD is issuing its own bonds to fund the remainder of the project.
Town staff proposes funding $13 million of its $16 million share by debt, with the
remaining $3 million funded by cash in the Water/Sewer Fund. At a meeting of the
participants on January 17, it became apparent that the original overall timetable
required modification. Consequently, Prosper agreed to postpone its bond issuance
from February 11 to February 25.
After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Wilson
seconded the motion to reschedule adoption of an ordinance authorizing the issuance of
the Town's Combination Tax and Surplus Revenue Certificates of Obligation, Series
2014, to the Town Council meeting scheduled to begin at 6:00 p.m. on February 25,
2014, at the Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas. The
motion was approved by a vote of 7-0.
Town Manager Harlan Jefferson then informed the Town Council that the Town's bond
rating had been increased. Mr. Austin explained that Moody's had recently upgraded
the Town's bond rating from AA3 to AA2, which indicates the Town is a high -quality, low -
risk bond issuer.
11. Consider and act upon the proposed park land dedication within the limits of the
preliminary plat of Brookhollow, on 158.5± acres, located on the north side of First
Street, 1,600± feet east of Coit Road. (D12-0013). (PN)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. Planned Development 39 (PD-39) requires a
dedication of a minimum of 8.71 acres or 5% of the net platted acreage, whichever is
less, to the Town for park purposes. The intent of this requirement was to complete the
acquisition of land around Town Lake. The proposed preliminary plat shows 277 single
family residential lots. Using the calculation stated above, the park land required by the
development is 7.9 acres. At this time, the developer is proposing to dedicate 8.15
acres of park land to meet the required 7.9 acres of park land dedication. Mr. Webb
responded to questions from the Town Council regarding the dedication and platting
process, and access to trail connections around Town Lake. The Parks and Recreation
Board approved the request, and Town staff recommended approval as well.
After discussion, Councilmember Wilson made a motion and Councilmember Korbuly
seconded the motion to approve the proposed park land dedication within the limits of
the preliminary plat of Brookhollow, on 158.5± acres, located on the north side of First
Street, 1,600± feet east of Coit Road. The motion was approved by a vote of 7-0.
12. Discuss and provide update on status of proposed alignment of DNT Backer
Road. (HW)
Since 2003, the Town's Thoroughfare Plans have depicted future roadways paralleling
the Dallas North Tollway on either side from First Street to Frontier Parkway. In 2006,
the Town Council approved a zoning request from Prestonwood Baptist Church, and
recommended the future roadway paralleling the Dallas North Tollway from First Street
to Prosper Trail be realigned to connect with Cook Lane south of Prosper Trail. Town
staff met with representatives from Prestonwood Baptist Church, Blue Star Land, and
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Tomlin Investments on the proposed realignment of the roadway paralleling the Dallas
North Tollway from First Street to Prosper Trail, as well as a new east -west divided
thoroughfare. Consensus could not be reached, so the preliminary site plan was
approved which depicted the future roadways within the property boundaries of
Prestonwood Baptist Church with a note that the alignment of the roadways would be
determined at a future date. As part of the Town's 2012 update to the Comprehensive
Plan, the Town's consultant recommended a continuous DNT Backer Road east of the
Dallas North Tollway, from US 380 to Frontier Parkway. The Town's Thoroughfare Plan
was updated to reflect this recommendation. Discussions are ongoing between Town
staff and the property owners to develop an alignment plan that is acceptable to all
parties. Town staff was directed to continue discussions to find a feasible resolution for
the alignment.
13. Discuss and provide direction to Town staff regarding the naming of future
thoroughfares. (CC)
Chris Copple, Director of Development Services, presented this item before the Town
Council. Town staff is seeking direction from the Town Council on four unnamed
segments depicted on the Town's Thoroughfare Plan. Mr. Copple reviewed Town staff's
recommendations. Mr. Copple responded to questions regarding addressing and street
naming standards for streets that change direction.
The Town Council recommended the following names:
Thoroughfare #1 — Shawnee Trail
Thoroughfare #2 — Prairie Drive
Thoroughfare #3 — will remain unnamed until the alignment of the DNT Backer Road is
resolved
Thoroughfare #4 — Mahard Parkway
Councilmember Dixon asked a question to confirm whether the proposed DNT Backer
Road would continue to US 380. Mr. Webb confirmed that it would.
14. 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:
14a. Section 551.087. To discuss and consider economic development incentives.
14b. 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.
14c. Section 551.071. Consultation with Town Attorney regarding legal issues
associated with proposed extraterritorial jurisdiction release, and all matters
incident and related thereto.
The Town Council recessed into Executive Session at 7:18 p.m.
15. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
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The Regular Session was reconvened at 7:55 p.m.
No action was taken as a result of Executive Session.
16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Possibly cancel March 11, 2014, Town Council meeting. (RB)
Town Secretary Robyn Battle proposed canceling the March 11, 2014, Town Council
meeting due to Spring Break. The Town Council agreed to cancel the meeting, as
there are not many items on the agenda.
• Update on 100-Year Celebration (RB)
Town Secretary Robyn Battle updated the Town Council on the plans discussed by
the 100-Year Celebration planning committee. Proposals include a celebration in
downtown Prosper on April 26, and a ceremony to rename Frontier Park Pavilion and
to bury a time capsule in April of 2015. The Town Council directed staff to pursue
plans for both events.
17. Adjourn.
The meeting was adjourned at 8:09 p.m., on Tuesday, February 11, 2014.
These minutes approved on the 25th day of February, 2014.
APPROVED:
Ray Smit�' Mayor
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