04.09.2019 Town Council Minutes1
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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.
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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.
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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)
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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.
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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.
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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
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