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04.23.2019 Town Council Minutes1 1 1 ISPER OWN OF 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 -Tern 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 23, 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 Megan Johnson, Health/Code Supervisor Pete Anaya, Assistant Director of Engineering Services — Capital Projects Dan Heischman, Assistant Director of Engineering Services — Development Tristan Cisco, Water Education Coordinator Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director Doug Kowalski, Police Chief 2. Questions about items listed on the Regular Meeting Agenda. Regarding Item 4e, the Council discussed restrictions on the Downtown Office zoning classification, and the proposed expansion of Coleman Road. Regarding Item 6, the Council questioned the intent of the owners of the Goodwill property regarding Tract B. The item will be discussed further during the Regular Meeting. Regarding Item 7, the Council questioned the Future Land Use Plan designation as it relates to the companion zoning item. Development Services Director John Webb Page 1 of 6 explained that the Comprehensive Plan assigns land uses more broadly than the Town's Zoning Map. 3. Discussion Items: • Discuss Proposed Amendment to the Texas Pool & Spa Code and Miscellaneous Amendments to the Health Code. (JW) John Webb, Development Services Director, briefed the Council on proposed amendments to the Code of Ordinances regarding maintenance of pools and spas, and various amendments to existing Health Code. A proposed ordinance will be brought forward for Council consideration at a future meeting. • Discuss Census Support Resolution and Membership of Complete Count Committee (AG) This item was discussed after Item 8 in the Regular Meeting. The Agenda Briefing was adjourned at 6:10 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 6:14 p.m. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Jason McConnell with Prosper United Methodist Church led the invocation. Councilmember Korbuly introduced Dunes Nielsen, a local boy scout who is finalizing his requirements to become an Eagle Scout. Dunes led the Pledge of Allegiance and the Pledge to the Texas Flag. 3. Announcements of recent and upcoming events. Councilmember Andres read the following announcements: Early voting for the May 4 General Election will continue through April 30. Collin County voters may vote in the Town Hall Community Room during early voting, and at the Prosper ISD Administration Building on Election Day. Denton County voters may vote at Prosper Fire Station 2 during early voting, and on Election Day. 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 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. The Town of Prosper will host "Prosper Downtown Live!" on Friday, May 24, from 4:00- 11:30 p.m. in and around the grounds of Town Hall. The free event will feature live entertainment with local bands and musicians, followed by the Emerald City Band. The festival will include a kids activity zone and food and beverages for purchase. The Town Council invites everyone to come out and enjoy this celebration of our downtown area. More information is available at www.prosperdtlive.com 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. Zoning -related Public Hearing items on the Consent Agenda have received a unanimous recommendation for approval by the Planning & Zoning Commission, and no written opposition was received prior to the posting of this agenda. Those wishing to speak on a Public Hearing item on the Consent Agenda should complete a "Public Meeting Appearance Card" and present it to the Town Secretary prior to the meeting. 4a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting —April 9, 2019 4b. Receive the January Financial Report (KN) 4c. Consider and act upon Resolution No. 19-20 denying the Distribution Cost Recovery Factor ("DCRF") application proposed by Oncor to increase distribution rates in their service area. (KN) 4d. Consider and act upon Ordinance No. 19-21 amending the title of Article 13.05, "Water Conservation and Water Resource and Emergency Management Plan," of Chapter 13, "Utilities," of the Code of Ordinances; amending Section 13.05.001, "Plan Adopted," of Article 13.05, "Water Conservation and Water Resource and Emergency Management Plan," of Chapter 13, "Utilities," of the Code of Ordinances; amending Section XVII, "Water Conservation and Enforcement Fees," of Appendix A, "Fee Schedule," of the Code of Ordinances; and adopting a Water Conservation and Water Resource and Emergency Management Plan. (FJ) 4e. Conduct a Public Hearing, and consider and act upon Ordinance No. 19-22 rezoning 0.3± acre, from Single Family-15 (SF-15) to Downtown -Office (DTO), located at the northwest corner of Fifth Street and Coleman Street. (Z19- 0003). (AG) 4f. 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 Page 3 of 6 Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) Mayor Pro-Tem Vogelsang made a motion and Councilmember Korbuly seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 6-0. 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. 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: 6. Conduct a Public Hearing, and consider and act upon a request to rezone 6.2± acres from Single Family-15 (SF-15) to Planned Development -Downtown Retail (PD-DTR), located on the southwest corner of Coleman Street and future McKinley Street. (Z19-0001). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The purpose of this request is to rezone 6.2± acres from Single Family-15 to Planned Development -Downtown Retail to allow for development of a Goodwill retail store and donation center. A Planned Development is necessary to allow for a deviation to the minimum front yard requirement of the Downtown Retail District. The proposed development consists of a single story, 16,361 square -foot building, including a retail store, donation receiving area, and screened and covered trailer parking. The proposed Goodwill is located on Tract A. Tract B is undeveloped and there are no plans for development at this time. Goodwill is proposing enhanced landscaping in order to provide additional screening for the indoor trailer storage area. The applicant has indicated they will take several measures to prevent after -hour drop-off of donations. This includes signage, security cameras, and the employment of an after-hours security guard. Katrina Coffman, COONIP of Goodwill, spoke in favor of the request, noting that the company intends to provide after-hours security. Goodwill intends to sell the property in Tract B at some point in the future. John Gattis, the engineer for the project, spoke in favor of the request, noting that covered pickup trailers will come and go from McKinney to transport donations. Page 4 of 6 After discussion, Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to approve the request to rezone 6.2± acres from Single Family-15 (SF-15) to Planned Development -Downtown Retail (PD-DTR), located on the southwest corner of Coleman Street and future McKinley Street; further, the building to be constructed on Tract A, as referenced in Exhibit C, shall contain mortar to be of a buff pigment. The motion was approved by a vote of 6-0. 7. 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). [Companion Case Z19-0002] (AG) 8. 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). [Companion Case CA19-0001] (AG) Mayor Smith opened Items 7 and 8 concurrently. Planning Manager Alex Glushko presented Items 7 and 8 before the Town Council. Staff received a request to rezone 9.1± acres from Agricultural (A) to Office (0). The property is proposed to be redeveloped for office uses. Rezoning requests, which do not conform to the Future Land Use Plan, shall be accompanied by a request to amend the Future Land Use Plan. The applicant has provided a Request Letter and Exhibit which includes plans for development of a middle school, church campus, and elevated water storage tank, and is bound by floodplain to the north and east. Due to the proposed development on the subject property, the applicant believes residential development is unviable in this location. The purpose of the zoning request is to rezone the property to the Office District to allow for development in the future. At the time of an application for "straight" zoning, the applicant is not required to submit an exhibit depicting how the property will be specifically developed or elevations of the proposed building. Prior to development, the developer will be required to submit a Preliminary Site Plan and/or a Site Plan for review and approval by the Planning & Zoning Commission. The applicant has been advised of the standards necessary for development. Matt Moore of Claymoore Engineering, representing the applicant, spoke in favor of the request. Mayor Smith opened the Public Hearings for Item 7 and Item 8 concurrently. With no-one speaking, Mayor Smith closed the Public Hearings. After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the motion to approve the 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. The motion was approved by a vote of 6-0. Mayor Pro -Tern Vogelsang made a motion and Councilmember Miller seconded the motion to approve the request to rezone 9.1± acres from Agricultural (A) to Office (0), Page 5 of 6 located on the north side of Fishtrap Road, west of Legacy Drive. The motion was approved by a vote of 6-0. Discuss Census Support Resolution and Membership of Complete Count Committee (AG) Planning Manager Alex Glushko continued this discussion from the Agenda Briefing. He briefed the Council on plans to prepare for the 2020 Census, including the establishment of a Complete Count Committee. Town staff requested the Council consider potential residents for nomination to the committee. 9. 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: 9a. Section 551.087 — To discuss and consider economic development incentives. 9b. 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 7:07 p.m. 10. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 8:19 p.m. No action was taken as a result of Executive Session. 11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. This item was not discussed. 12. Adjourn. The meeting was adjourned at 8:20 p.m., on Tuesday, April 23, 2019. These minutes approved on the 14th day of May 2019. le, n Sec etary APPROVED: 0 Ray Sm tN,% 'TR''., Page 6 of 6 191 ' i � 5 � •,,� TE X p,``�.