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04.09.2019 Town Council Minutes1 11 1 TOWN OF S PE Prosper is a place where everyone matters. AGENDA BRIEFING 1. Call to Order/Roll Call. The meeting was called to order at 5:45 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem, Curry Vogelsang, Jr. Councilmember Mike Korbuly Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Deputy Mayor Pro-Tem Jason Dixon MINUTES Agenda Briefing and Regular Meeting of the Prosper Town Council Prosper Town Hall Council Chambers 200 S. Main Street Prosper, TX 75078 Tuesday, April 9, 2019 Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Robyn Battle, Town Secretary/PIO Hulon Webb, Engineering Services Director John Webb, Development Services Director Alex Glushko, Planning Manager Pete Anaya, Assistant Director of Engineering Services — Capital Projects Dan Heischman, Assistant Director of Engineering Services — Development Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director Leigh Johnson, IT Director Doug Kowalski, Police Chief 2. Questions about items listed on the Regular Meeting Agenda. Regarding Item 7, the Council discussed the fencing request in La Cima. Town staff noted that homeowners in other areas of Town have the choice between wood and metal fencing. Regarding Item 5c, Finance Director Kelly Neal responded to a question from Council stating that CoSery exceeds federal, state, and Town standard by installing excess flow valves, per company policy. Safety standards regarding gas utility service are controlled by state regulations. Page 1 of 6 Regarding Item 5d, the Council questioned the authority of the Town in enforcing new speed limits on US 380. Since it is a TxDOT Road, the Town has no jurisdiction in determining the speed limit; however, the Town must adopt an ordinance that aligned with the new speed limit in order to enforce it. 3. Discussion Items: • Discuss Proposed Non -Residential Development Standards. (AG) This item was discussed after Item 7. The Agenda Briefing was adjourned at 6:14 p.m. THE REGULAR TOWN COUNCIL MEETING WILL CONVENE IN COUNCIL CHAMBERS IMMEDIATELY FOLLOWING THE AGENDA BRIEFING, AT APPROXIMATELY 6:15 P.M. 1. Call to Order/Roll Call. The meeting was called to order at 6:17 p.m. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Melissa Hatch with ' Prosper United Methodist Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of recent and upcoming events. Councilmember Andres read the following announcements: The State Fire Marshal's Office has designated the Prosper Fire Department with an ISO 1 rating, effective August 1. Less than 70 communities in the state of Texas have earned this designation. The Town was evaluated on the fire department staff and operations, the water supply and fire suppression capabilities, and the emergency communications system and staff. Residents are encouraged to check with theirhomeowners insurance companies to see if the new ranking may qualify for a discount on property insurance rates. More information is available on the Town website. The 9th Annual Prosper Spring Clean Up was held, on Saturday, March 30th, and it was a huge success. A total of 543 vehicles passed through the collection points to discard over 40 tons of trash, metal, cardboard, and electronics, and almost 11 tons of household hazardous waste. Residents brought over 2 tons of paper documents to be shredded, and donated 200 pairs of eyeglasses. Thanks to everyone who participated and volunteered at this event. The Prosper Police and Fire Departments will host a Drug Take -Back Event on Saturday, April 27, from 10:00 a.m.-2:00 p.m. at Prosper Central Fire Station. Residents may drop off unused or unwanted prescription and over-the-counter drugs. The initiative provides a safe, responsible way for residents to. help keep unused, expired, or unwanted drugs off the streets and out of our water supply. Page 2 of 6 1 The Prosper Police Department Community Safety Initiative will be held on Saturday, May 18, from 10:00 a.m.-noon at Frontier Park. Join the Prosper Police Officers for a morning of family fun, food and educational activities as we celebrate Police Week. Councilmember Andres congratulated the Texas Tech Red Raiders and the Baylor Bear basketball teams for their successful seasons. 4. Presentations. Presentation of a Proclamation to members of the Prosper Community Library staff declaring April 7-13, 2019, as National Library Week. (RB) Librarian Leslie Scott presented a short video, and the Town Council presented the Library staff and Library Board members with the Proclamation. Presentation of a Proclamation to members of the Prosper Police Department staff declaring April 14-20, 2019, as Public Safety Telecommunicators Week. (RB) The Town Council presented the Proclamation to Police Chief Kowalski and the Town's Dispatch staff. 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 — March 26, 2019 5b. Consider and act upon the appointment of a Town of Prosper representative to the Board of Directors of the Upper Trinity Regional Water District. (RB) 5c. Consider and act upon Ordinance No. 19-18 extending franchise granted to CoSery Gas, LTD., its successors and assigns, to construct, maintain, and operate pipelines and equipment in the Town of Prosper, Collin and Denton Counties, Texas, for the transporting, delivery, sale, and distribution of gas in, out of, and through said Town for all purposes; providing a savings clause; providing a severability clause; providing an effective date. (KN) 5d. Consider and act upon Ordinance No. 19-19 amending Section 12.09.003, "Speed Limits on Specific Streets," of Chapter 12 "Traffic and Vehicles," of the Town's Code of Ordinances by modifying the prima facie speed limit on US 380 (University Drive). (HW) 5e. Consider and act upon approving a list of qualified firms to provide professional engineering and related services to the Town of Prosper. (PA) Page 3 of 6 5f. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan from Medium Density Single Family to Retail & Neighborhood Services, generally located on the north side of Fishtrap Road, west of Legacy Drive. (CA19-0001). (Request by Applicant to Table this Item) (AG) 5g. Conduct a Public Hearing, and consider and act upon a request to rezone 9.1± acres from Agricultural (A) to Office (0), located on the north side of Fishtrap Road, west of Legacy Drive. (Z19-0002). (Request by Applicant to Table this Item) AG) 5h. 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 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 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: 7. Consider and act upon request for Alternative Fencing Materials for eight (8) lots in Lakes of La Cima, Phase 7C, to allow for wooden fencing adjacent to open space and a hike & bike trail, in lieu of ornamental metal. (MD19-0003). (AG) Planning Manager Alex Glushko presented this item before the Town Council. Gallery Homes has submitted a request to permit wooden fencing in lieu of the required ornamental metal fencing on eight lots in La Cima, which are adjacent to a hike and bike trail. In 2015, the Town amended the fence regulations adjacent to open space to require ornamental metal fencing with the intent to integrate open space into neighborhoods. Page 4 of 6 Bill Durham with Gallery Homes, the applicant, stated that he is requesting the homeowners have the option of either a wood or metal fence. He noted that the homes to the south in La Cima, and the homes to the west in Willow Ridge have existing wooden fences, which were built prior to the 2015 amendments. Mayor Smith recognized the following individuals who submitted comment cards for this item: Marco Anthony Vasquez, 1000 Three Rivers Drive, Prosper, did not wish to speak, but expressed his support for the request in favor of wooden fencing. Jack Dixon, 810 Long Valley Court, Prosper, spoke in opposition to the request. Ken Dugger, 304 S. Craig Drive, Prosper, spoke in favor of the request. The Council discussed the advantages and disadvantages of wood and metal fencing, and the original intent of the ordinance amendment in 2015. After discussion, Councilmember Hodges made a motion and Mayor Pro-Tem Vogelsang seconded the motion to deny the request for wooden fencing adjacent to an open space and hike & bike trail at 1500 and 1501 Sweetwater Lane, 1450 and 1501 Mountain Creek Lane, and 580, 590, 600, and 610 Hords Creek Lane. The motion was approved by a vote of 4-2, with Mayor Smith and Councilmember Korbuly casting the opposing votes. Discuss Proposed Non -Residential Development Standards. (AG) Planning Manager Alex Glushko briefed the Council on proposed changes to the Town's non-residential development standards, a discussion item that was postponed from the earlier Agenda Briefing. Town staff has received feedback from the Planning and Zoning Commission and the Prosper Developers Council on proposed changes to building design requirements, allowable building materials, and the use of berms for screening. The Town Council expressed a preference on creativity and uniqueness, as long as quality is preserved. The Council encouraged staff to continue to solicit recommendations from the Planning and Zoning Commission and the Prosper Developers Council. No further action was taken. 8. 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: 8a. Section 551.087 — To discuss and consider economic development incentives. 8b. 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 7:25 p.m. Page 5 of 6 1 9. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 8:51 p.m. No action was taken as a result of Executive Session. 10. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. This item was not discussed. 11. Adjourn. The meeting was adjourned at 8:51 p.m., on Tuesday, April 9, 2019. These minutes approved on the 23rd day of April 2019. pF P � APPROVED: �O • Ray Smith, Mayor ATT Page 6 of 6