09.23.2014 Town Council MinutesMINUTES
Regular Meeting of the
TOWN OF Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas RTuesday, September 23, 2014
Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 5:02 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tern Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Curry Vogelsang, Jr.
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Pete Smith, Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
John Webb, Director of Development Services
Alex Glushko, Senior Planner
Paul Naughton, Landscape Architect
Matt Richardson, Senior Engineer
Bill Elliott, Building Official
Will Mitchell, Parks & Recreation Manager
Julie Shivers, Recreation Services Coordinator
Kent Austin, Finance Director
Trish Featherston, Accounting Manager
January Cook, Purchasing Manager
Baby Raley, Human Resources Director
Doug Kowalski, Police Chief
Gary McHone, Assistant Police Chief
Ronnie Tucker, Fire Chief
Robert Winningham, Economic Development Corporation Executive Director
2. 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:
2a. Section 551.087 — To discuss and consider economic development
incentives.
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2b. 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 in to Executive Session at 5:02 p.m.
The Town Council reconvened the Regular Meeting at &09 p.m. No action was
taken as a result of Executive Session.
REGULAR MEETING
3. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Doug Kriz of Grace Christian Church led the invocation. The Pledge of Allegiance
and the Pledge to the Texas Flag were recited.
4. Announcements of upcoming events.
Mayor Pro-Tem Miller made the following announcements:
The Prosper Police and Fire Departments are hosting a "Drug Take Back Day" on
Saturday, September 27, to provide a safe, convenient way to dispose of over-the-
counter or prescription medications. Residents may drop off unwanted or expired
drugs at the entry lobby of the Prosper Fire Station from 10:00 a.m.-2:00 p.m.
On Tuesday, October 7, residents are encouraged to participate in National Night Out
by spending the evening outside visiting with neighbors and Prosper's public safety
personnel. This annual event was created to heighten awareness and strengthen
participation in local anti -crime efforts. Contact Officer Juan Flores for more
information or to schedule a block party.
Senior Citizen residents are invited to attend a Senior Luncheon with the Mayor on
Wednesday, October 15th, from 11:30 a.m.-1:00 p.m. at Prosper United Methodist
Church. Please RSVP by October 10. Contact Julie Shivers in the Parks &
Recreation Department.
The 5th Annual Cory Ausenbaugh Memorial 5k and 1 Mile Fun Run will be held on
Saturday, October 18, at Frontier Park. Registration information is available on the
Town's website. Proceeds will be donated to a scholarship fund for a deserving
Prosper High School Senior who is pursuing a degree in education. Contact Assistant
Fire Chief Stuart Blasingame for more information.
Residents are invited to join the fun at Prosper's Homecoming Parade, to be held on
Wednesday, October 22, starting at 5:30 p.m. Come see a variety of floats
representing Prosper's community and school groups at one of the Town's biggest
Fall events.
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5. Proclamations.
• Presentation of a Proclamation to members of the Clothe a Child program
declaring October 2014 as Clothe a Child Month. (RB)
Patty Felan, Doug Kriz, and members of the Clothe a Child program accepted the
Proclamation.
• Presentation of a Proclamation to members of the Prosper Police
Department declaring October 7, 2014 as National Night Out. (RB)
Police Chief Doug Kowalski, Assistant Police Chief Gary McHone, and Officer
Juan Flores accepted the Proclamation.
6. 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.)
Councilmember Vogelsang removed Item 6k from the Consent Agenda.
6a. Consider and act upon minutes from the following Town Council
meetings. (RB)
• Regular Meeting — September 9, 2014
6b. Receive the August 2014 financial report. (KA)
6c. Consider and act upon the appointment of a Municipal Judge, and
authorize the Mayor to execute an agreement for same. (RB)
6d. Consider and act upon Resolution No. 14-62 designating The Prosper
Press as the official newspaper of the Town of Prosper for Fiscal Year
2014-2015. (RB)
6e. Consider and act upon approving an Interlocal Agreement between
Collin County and the Town of Prosper, related to child abuse,
investigation, and law enforcement services; and authorizing the Town
Manager to execute same. (DK)
6f. Consider and act upon Ordinance No. 14-63 amending Section XIII
"Parks and Recreation User Fees" of Appendix A "Fee Schedule" of the
Town's Code of Ordinances by amending subsection (a) Field User Fees.
(is)
6g. Consider and act upon authorizing the Town Manager to execute a
Settlement and Release Agreement between Oncor Electric Delivery
Company LLC, and the Town of Prosper, Texas, related to the
reimbursement for overbilling of unmetered street lights. (HW)
6h. Consider and act upon Ordinance No. 14-64 repealing Section 1.04.001
"Time limit for speaking at certain meetings" of Article 1.04 "Boards,
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Commissions and Committees" of Chapter 1 "General Provisions" of the
Town's Code of Ordinances and replacing it with a new Division 1,
entitled "Library Board" to provide Library Board's number of members,
terms of office, vacancies, selection of Chair and Vice -Chair, meetings,
and power and authority. (HW)
6i. Consider and act upon Ordinance No. 14-65 repealing Section 1.09.082
"Number of members," Section 1.09.085 "Chair/vice-
chair/secretary/quorum," and Section 1.09.088 "Powers and authority" of
Division 3 "Parks and Recreation Board" of Article 1.09 "Parks and
Recreation" of Chapter 1 "General Provisions" of the Town's Code of
Ordinances and replacing said sections with a new Section 1.09.082
"Number of members," Section 1.09.085 "Chair/vice-chair/quorum," and
Section 1.09.088 "Powers and authority," regarding residency
requirements for the members of the Parks and Recreation Board,
selection of Chair and Vice -Chair, and powers and authority. (WM)
6j. Consider and act upon Ordinance No. 14-66 amending Section 3.02.010
"Officers" of Article 3.02 "Construction Board of Appeals" of Chapter 3
"Building Regulations" of the Town's Code of Ordinances, regarding the
composition and appointment of Board members. (AG)
Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller
seconded the motion to approve Items 6a-6j on the Consent Agenda. The
motion was approved by a vote of 7-0.
6k. 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)
Senior Planner Alex Glushko responded to questions from the Town Council
about this item. Councilmember Vogelsang made a motion and
Councilmember Korbuly seconded the motion to approve Item 6k. The motion
was approved by a vote of 7-0.
7. 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.)
Other Comments by the Public -
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
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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.)
Mayor Smith moved to Item 14 on the agenda.
14. Consider and act upon authorizing the Mayor to execute the First Amended and
Restated Development and Financing Agreement with Blue Star Land, L.P.,
Blue Star Allen, L.P., 183 Land Corp., and Prosper Economic Development
Corporation, for the reimbursement of the cost of construction of public
infrastructure to be constructed within Tax Increment Reinvestment Zone
Number One, Town of Prosper. (HJ)
Town Manager Harlan Jefferson presented this item before the Town Council. The
original agreement was executed in 2008 to address the cost of construction of public
infrastructure within Tax Increment Reinvestment Zone (TIRZ) No. 1. The amended
agreement eliminates the need for the Town to issue any debt for the project, and
contains other improvements from the original agreement. Mr. Jefferson introduced
attorney Pete Smith, who reviewed the terms of the new agreement compared to the
original agreement. The developer is assuming more of the financial risk for the
project, dedicating land for municipal purposes, and funding the construction of
infrastructure. The Prosper Economic Development Corporation is now a party to the
agreement, and Collin County will participate in the project as well.
The Mayor recognized the following individual who requested to speak:
Irwin "Cap" Parry, 850 Kingview Drive, Prosper, addressed the Council on the
dedication of land for municipal purposes in the agreement, requesting that any future
Town Hall remain in the downtown area, and received clarification from the Town
Council that while land is being dedicated for a future fire station within the project,
the timing of construction has not yet been determined.
Mayor Pro-Tem Miller made a motion and Councilmember Vogelsang seconded the
motion to authorize the Mayor to execute the First Amended and Restated
Development and Financing Agreement with Blue Star Land, L.P., Blue Star Allen,
L.P., 183 Land Corp., and Prosper Economic Development Corporation, for the
reimbursement of the cost of construction of public infrastructure to be constructed
within Tax Increment Reinvestment Zone Number One, Town of Prosper. The motion
was approved by a vote of 7-0.
PUBLIC HEARINGS:
8. Conduct a Public Hearing, and consider and act upon a request to rezone 60.9±
acres, located 2,000± feet south of First Street, 3,000± feet west of Dallas
Parkway, from Planned Development-47 (PD-47) to Planned Development -
Single Family-10 (PD-SF-10). (Z14-0013). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. This item
was tabled at the September 9, 2014, Town Council meeting to allow the applicant to
revise the application to align the proposed PD-SF-10 development standards with
the straight SF-10 district development standards, specifically regarding minimum lot
area and side yard setback. Dave Wilcox with Wilco Partners addressed the Town
Council and presented a brief PowerPoint presentation reviewing the proposed
project.
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Mayor Smith opened the Public Hearing.
Jack Dixon, 810 Long Valley Court, Prosper, did not wish to speak, but expressed his
support for the new minimum lot size proposed with the item.
With no one else speaking, Mayor Smith closed the Public Hearing.
Deputy Mayor Pro-Tem Dugger made a motion, and Councilmember Korbuly
seconded the motion to approve a request to rezone 60.9± acres, located 2,000± feet
south of First Street, 3,000± feet west of Dallas Parkway, from Planned Development-
47 (PD-47) to Planned Development -Single Family-10 (PD-SF-10). The motion was
approved by a vote of 7-0.
9. Conduct a Public Hearing, and consider and act upon a request for a Specific
Use Permit (SUP) for a New Automobile Sales/Leasing facility, on 16.1± acres,
located on the north side of US 380, 4,000± feet west of Dallas Parkway. The
property is zoned Planned Development-43 (PD-43). (S14-0003). (JW)
John Webb, Director of Development Services, presented this item before the Town
Council. The request is for a Specific Use Permit (SUP) for a new automobile
sales/leasing facility to include a sales and showroom, parts sales, service bays and
a car wash. Mr. Webb reviewed the details of the SUP request. The Planning &
Zoning Commission approved the request with conditions, which the applicant has
addressed in the revised exhibits. The Town has received a zoning reply form in
opposition to the request, which will require the Town Council to approve the request
with a supermajority vote. Robin Maas and Jeff Carter from Gulf States Toyota
addressed the Council and presented a PowerPoint presentation reviewing the
proposed project.
Mayor Smith opened the Public Hearing.
Craig Curry, Managing General Partner for Prosper Partners, spoke in opposition to
the request, noting that a he had previously proposed a zoning request for automobile
uses that was denied. His company is building a residential development on the
north side of the proposed project, and he does not feel that automobile uses are now
appropriate for the site.
Mike Wadsworth, 627 Creek View Drive, Prosper, spoke in favor of the request,
noting that the project will bring tax revenue and jobs to the area.
Chad Buxton, 4008 Bushwell Lane, Plano, is a partner of Mr. Curry, who spoke
previously. He spoke in opposition to the request, and does not believe the
requested use is appropriate for the property, and expressed concerns about
aesthetics and maintenance over time.
With no one else speaking, Mayor Smith closed the Public Hearing.
Mr. Webb responded to additional questions from Council on air conditioning, lighting,
and other items in the SUP, which are not currently part of the SUP request. The
applicant was agreeable to those items being included in the SUP.
Mayor Pro-Tem Miller made a motion to approve a request for a Specific Use Permit
(SUP) for a New Automobile Sales/Leasing facility, on 16.1± acres, located on the
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north side of US 380, 4,000± feet west of Dallas Parkway. The property is zoned
Planned Development-43 (PD-43). He further moved that the SUP have the following
conditions attached to it:
1. No outdoor intercoms, speakers or sound amplification devices shall be utilized
on the property;
2. Any structures with a garage or bay shall include an automatic door closing
device for such garage or bay; and
3. After-hours reduction of outdoor lighting, at 90% at midnight.
Councilmember Korbuly seconded the motion. The motion was approved by a vote
of 6-1.
DEPARTMENT ITEMS:
Mayor Smith opened Items 10 and 11 concurrently.
10. Consider and act upon Ordinance No. 14-67 adopting the Fiscal Year 2014-2015
Annual Budget for the fiscal year beginning October 1, 2014, and ending
September 30, 2015, and approving certain amendments to the Fiscal Year
2013-2014 Annual Budget. (KA)
11. Consider and act upon Ordinance No. 14-68 adopting the Town of Prosper 2014
Property Tax Rate. (KA)
Finance Director Kent Austin presented a brief PowerPoint presentation summarizing
the budget and tax rate proposal, and providing historical data on the tax rate for
Prosper and the surrounding municipalities.
The Town Council discussed the proposed tax rate and the increased property values
of the Town. Questions arose about what factors contribute to calculating the
effective tax rate, and Town staff was directed to research this, particularly as it
relates to improvements on existing property. Council continued discussion on some
Capital Improvement Program items in the budget, the prioritization of public safety,
and the issuance of debt to pay for certain projects.
After discussion, Councilmember Korbuly made a motion and Mayor Pro-Tem Miller
seconded the motion to adopt the Fiscal Year 2014-2015 Annual Budget for the fiscal
year beginning October 1, 2014, and ending September 30, 2015, and approving
certain amendments to the Fiscal Year 2013-2014 Annual Budget. Mayor Smith
called the roll, and Council Members responded as follows:
Councilmember Korbuly — approved
Mayor Pro-Tem Miller — approved
Mayor Smith — approved
Deputy Mayor Pro-Tem Dugger — approved
Councilmember Vogelsang — approved
Councilmember Davis — opposed
Councilmember Dixon — approved
The motion was approved by a vote of 6-1.
Councilmember Korbuly made a motion and Mayor Pro-Tem seconded the motion to
ratify the property tax revenue increase as reflected in the Fiscal year 2014-2015
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Adopted Budget. Mayor Smith called the roll, and Council Members responded as
follows:
Councilmember Korbuly — approved
Mayor Pro-Tem Miller — approved
Mayor Smith — approved
Deputy Mayor Pro-Tem Dugger — approved
Councilmember Vogelsang — approved
Councilmember Davis — opposed
Councilmember Dixon — approved
The motion was approved by a vote of 6-1.
Finance Director Kent Austin continued the presentation on the proposed tax rate,
which is $0.52 per $100 assessed valuation.
Mayor Pro-Tem Miller made a motion and Councilmember Korbuly seconded the
motion that the property tax rate be increased by the adoption of a tax rate of $0.52
per $100 assessed valuation, which is effectively an 11.07 percent increase in the tax
rate. Mayor Smith called the roll, and Council Members responded as follows:
Councilmember Korbuly — approved
Mayor Pro -Tern Miller — approved
Mayor Smith — approved
Deputy Mayor Pro-Tem Dugger — approved
Councilmember Vogelsang — approved
Councilmember Davis — opposed
Councilmember Dixon — approved
The motion was approved by a vote of 6-1.
12. Consider and act upon Ordinance No. 14-69 repealing Article 12.09 "Speed
Limits" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances
and replacing it with a new Article 12.09 "Speed Limits" to provide for the prima
facie speed limits on streets within the Town. (MR)
Matt Richardson, Senior Engineer, presented this item before the Town Council.
Changes to the proposed ordinance include eliminating county road number
designations, modifying limits to match existing features, and updating text to mirror
Section 545 of the Texas Transportation Code. Several changes to existing speed
limits are also proposed based on an investigation by the Engineering Department
and review by the Police Department. The speed limit changes will become effective
after its passage and publication, and the posting of signs reflecting the new speed
limit. Council requested that flags be attached to new speed limit signs to attract the
attention of drivers that a new speed limit is in place.
After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve an ordinance repealing Article 12.09 "Speed
Limits" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances and
replacing it with a new Article 12.09 "Speed Limits" to provide for the prima facie
speed limits on streets within the Town. The motion was approved by a vote of 7-0.
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13. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Dunaway Associates, LP, and the Town of
Prosper, Texas, related to the Frontier Park North Conceptual Master Plan and
Sexton Park Conceptual Master Plan project. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. This item was tabled at the August 12, 2014,
Town Council meeting to allow the consultant and staff to bring examples of the
expected deliverables, and to provide more information. Mr. Webb and Elizabeth
Mcllrath of Dunaway Associates explained the process for the development of the
conceptual master plans for Frontier Park North, and Sexton Park, as outlined in the
agreement. The Town Council expressed concern about not being involved earlier in
the process, and Dunaway agreed to modify the scope of services to include Council
involvement earlier in the process.
After discussion, Deputy Mayor Pro-Tem made a motion to authorize the Town
Manager to execute a Professional Services Agreement between Dunaway
Associates, LP, and the Town of Prosper, Texas, related to the Frontier Park North
Conceptual Master Plan and Sexton Park Conceptual Master Plan project. He further
moved that the Scope of Services, Exhibit A, be modified for Task A services
(programming design) and Task B services (concept alternatives) to specifically
include that the Consultant shall meet with the Town Council for data gathering and
information purposes. Councilmember Korbuly seconded the motion. The motion
was approved by a vote of 6-1.
15. 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:
15a. Section 551.087 — To discuss and consider economic development
incentives.
15b. 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 8:50 p.m.
16. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:11 p.m. No action was
taken as a result of Executive Session.
17. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
• Comprehensive Plan Implementation Priorities. (JW)
John Webb, Director of Development Services, discussed the top five action items
by priority with regard to updating the Comprehensive Plan. These include:
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1. Update the 2003 Subdivision Ordinance — Freese and Nichols has already
submitted drafts for six of the eight proposed sections.
2. Update the Districts and Land Use Charts of the Zoning Ordinance — Town
staff has initiated this review.
3. Work with property owners/developers to bring property into conformance with
the Comprehensive Plan — this is an on -going process by Town staff.
4. Update non-residential architectural and building material standards, identify
standards for major corridors, and consider standards to prohibit strip retail —
due to the extensive nature of these projects, they may require the use of
consulting services.
5. Update residential development standards with regard to home and
subdivision design, amenities, setbacks, garages, etc. — subdivision design
standards will be included as part of the updated Subdivision Ordinance.
Updates to the standards for residential development will require amendments
to the Town's Zoning Ordinance.
Mr. Webb itemized other action items that will be taken to update the
Comprehensive Plan.
Town Staff was directed to move the residential standards up on the priority list,
and to update these concurrently with the Subdivision Ordinance.
Town staff will also seek feedback from the Council at a future date on required
minimum lot size as part of the amendments to the Zoning Ordinance,
Mr. Jefferson stated that the results of the review of the Comprehensive Plan
conducted by MasterPlan would be discussed at the October 14, 2014, Town
Council meeting.
18. Adjourn.
The meeting was adjourned at 9:29 p.m.
These minutes approved on the 14th day of October, 2014
Robyn Buie, Town Secretary
APPROVED:
Ray Smith, �ayor
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