10.14.2014 Town Council MinutesISPEE
MINUTES
Regular Meeting of the
OWN OF Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, October 14, 2014
Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:01 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro -Tern 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
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
Will Mitchell, Parks & Recreation Manager
Kent Austin, Finance Director
January Cook, Purchasing Agent
Baby Raley, Human Resources Director
Leslie Scott, Library Director
Robert Winningham, Economic Development Corporation Executive Director
Doug Kowalski, Police Chief
Ronnie Tucker, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler of First Presbyterian Church of Prosper led the invocation. The
Pledge of Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Councilmember Korbuly made the following announcements:
The Senior Citizen luncheon with the Mayor will be held tomorrow, October 15, from
11:30 a.m. - 1:00 p.m. The event will be held at Prosper United Methodist Church,
located at 205 S. Church Street.
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Residents are invited to attend the Prosper Community Library's fall event on
Saturday, October 25. The children's pumpkin and craft event will be held from 11:00
a.m. - Noon, and there will be a used book sale from 10:00 a.m. — 4:00 p.m. The
event will be featured on the Texas Library Association's website to showcase our
Community Library.
Early voting for the November 4 General Election will be held in Municipal Chambers
from October 20 through October 31 for Collin County voters. More election
information is available on the Town's website. Due to the early voting schedule, the
October 28 Town Council meeting will be held in the Prosper ISD Central
Administration Building located at 605 E. 7th Street.
The 5th Annual Cory Ausenbaugh Memorial 5k and One -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 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.
4. Presentations.
• Presentation of Certificates of Appreciation to former members of the
Town's Boards and Commissions.
Mayor Smith presented Certificates of Appreciation to the following former Town
Board and Commission members:
Thomas Frazer — Board of Adjustment/Construction Board of Appeals
Mary Helen Sanders — Board of Adjustment/Construction Board of Appeals
Chris Sanchez — Parks & Recreation Board
Roger Flood — Library Board
Bruce Carlin — Planning & Zoning Commission
The following individuals were not present at the meeting, but will also receive
Certificates of Appreciation for their service to the Town:
Bill Senkel — Planning & Zoning Commission
Mark DeMattia — Planning & Zoning Commission
Tena Worthy — Parks & Recreation Board
Barbara Newell — Parks & Recreation Board
Rick Turner — Planning & Zoning Commission
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
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may be removed from the Consent Agenda by the request of Council Members
or staff.)
Councilmember Davis removed Items 5b and 5g from the Consent Agenda.
Deputy Mayor Pro-Tem Dugger removed Items 5d and 5f from the Consent
Agenda.
5a. Consider and act upon minutes from the following Town Council
meeting. (RB)
• Regular Meeting — September 23, 2014
5c. Consider and act upon Ordinance 14-70 rezoning 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)
5e. Consider and act upon authorizing the Town Manager to execute an
Interlocal Agreement for Geographic Information System (GIS) Services
between the Town of Prosper and City of Frisco. (AG)
Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller
seconded the motion to approve Items 5a, 5c, and 5e on the Consent Agenda.
The motion was approved by a vote of 7-0.
5b. Consider and act upon awarding CSP No. 2014-40-A to Imaginuity
Interactive, Inc., for website enhancement, website hosting, and support
services; and authorizing the Town Manager to execute same. (BR)
Human Resources Director Baby Raley presented this item before the Town
Council. Ms. Raley answered questions from the Town Council regarding web
hosting, website speed, the scope of work in the contract, and security of the
new website.
After discussion, Councilmember Davis made a motion and Councilmember
Korbuly seconded the motion to award CSP No. 2014-40-A to Imaginuity
Interactive, Inc., for website enhancement, website hosting, and support
services; and authorize the Town Manager to execute same. The motion was
approved by a vote of 7-0.
5d. Consider and act upon Ordinance No. 14-71 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)
Development Services Director John Webb presented this item before the
Town Council. The Town Council approved this item at the September 23,
2014, Town Council meeting subject to conditions related to outdoor
intercoms, garage bay doors, and outdoor lighting. Since that meeting, the
applicant has requested slight modifications to the language in the proposed
ordinance, and Town staff has recommended revisions to the requirements
related to garage bay doors and outdoor lighting.
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After discussion, Deputy Mayor Pro-Tem made a motion and Mayor Pro-Tem
Miller seconded the motion to approve Ordinance No. 14-71 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), subject to the following
conditions:
Revise condition #2 of the proposed ordinance to clarify "Any structures
with a garage or bay shall include an automatic door closing device for
such garage or bay, exclusive of the Automatic Car Wash."
2. Revise condition #3 of the proposed ordinance to clarify "After-hours
reduction of outdoor lighting, by 90%, to 10%, at midnight."
The motion was approved by a vote of 7-0.
5f. 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)
John Webb responded to questions from the Town Council related to the
Landscape Plan and Open Space requirements for the Shops at Prosper Trail.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Dixon
seconded the motion to approve Item 5f. The motion was approved by a vote
of 7-0.
5g. Consider and act upon approving the purchase of lighting and
installation services for the Frontier Park Southwest Corner and Batting
Cage Lighting project, from Musco Sports Lighting, LLC, through the
Texas Local Government Purchasing Cooperative. (PN)
Hulon Webb, Executive Director of Development and Community Services,
presented this item before the Town Council. The item was approved as part
of the FY 2014-2015 budget. Mr. Webb responded to questions related to the
materials for the project, and the project timeline.
After discussion, Councilmember Dixon made a motion and Deputy Mayor
Pro-Tem Dugger seconded the motion to approve the purchase of lighting and
installation services for the Frontier Park Southwest Corner and Batting Cage
Lighting project, from Musco Sports Lighting, LLC, through the Texas Local
Government Purchasing Cooperative. The motion was approved by a vote of
6-1, with Councilmember Davis casting the opposing vote.
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.)
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Other Comments by the Public -
Irwin "Cap" Parry, 850 Kingsview Drive, Prosper, expressed his approval and
appreciation for the review of the Comprehensive Plan, which will be discussed as
part of Item 8 of this agenda.
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 Ordinance No. 14-72
amending Section 8, "Changes and Amendments to All Zoning Ordinances and
Districts and Administrative Procedures," of Chapter 1, "General Provisions,
Administration and Procedures," of the Zoning Ordinance, Ordinance No. 05-
20, as amended, regarding procedures for denial recommendations by the
Planning and Zoning Commission, written protest procedures and petitions in
opposition to a zoning amendment, and officers of the Board of Adjustment,
their appointment and duties; and repealing existing provisions related thereto.
(Z14-0014). (JW)
Development Services Director John Webb presented this item before the Town
Council. The proposed amendments to the Zoning Ordinance include changes to the
appeal process for denial of a zoning change request by the Planning & Zoning
Commission, protest procedures in opposition to a zoning amendment, and the
appointment process for officers of the Board of Adjustment.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Councilmember Dixon expressed concern with the protest procedures, indicating that
if the proposed ordinance amendment requires a written protest to be submitted four
working days prior to the Public Hearing, then withdrawal of a protest should be
required to meet the same deadline. Mr. Webb, Town Attorney Terrence Welch, and
Town Manager Harlan Jefferson responded to questions from the Council on the
current verification process for determining the 20% of land owners that must file
written opposition in order to require a three -fourths vote of the entire Town Council
for approval.
After discussion, Councilmember Dixon made a motion and Councilmember Davis
seconded the motion to approve the proposed changes to Section 8.4 and 8.6 of the
Zoning Ordinances, but that Section 8.5 should remain unchanged. The motion was
denied by a vote of 2-5, with Mayor Smith, Mayor Pro-Tem Miller, Deputy Mayor Pro -
Tern Dugger, Councilmember Korbuly, and Councilmember Vogelsang casting the
opposing votes.
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Councilmember Korbuly made a motion and Councilmember Vogelsang seconded
the motion to approve Ordinance No. 14-72 amending Section 8, "Changes and
Amendments to All Zoning Ordinances and Districts and Administrative Procedures,"
of Chapter 1, "General Provisions, Administration and Procedures," of the Zoning
Ordinance, Ordinance No. 05-20, as amended, regarding procedures for denial
recommendations by the Planning and Zoning Commission, written protest
procedures and petitions in opposition to a zoning amendment, and officers of the
Board of Adjustment, their appointment and duties; and repealing existing provisions
related thereto. The motion was approved by a vote of 5-2, with Councilmember
Davis and Councilmember Dixon casting the opposing votes.
DEPARTMENT ITEMS:
8. Conduct an annual review of the Town's Comprehensive Plan with respect to
current conditions and trends. (JW)
Development Services Director John Webb presented this item before the Town
Council. Mr. Webb reviewed the prioritized action items for the Comprehensive Plan,
and the recommendations provided by Masterplan, the consulting firm that completed
the annual review of the Comprehensive Plan. Mr. Webb indicated that in future
discussions with the Town Council, Town staff will continue to seek feedback from the
Town Council in order to identify Council priorities, and discuss what action items can
be accomplished by staff, and which projects may require the services of a
consultant. Mayor Smith proposed a joint meeting of the Town Council and the
Planning & Zoning Commission to discuss the Comprehensive Plan.
After discussion, Councilmember Korbuly made a motion and Councilmember Dixon
seconded the motion to receive the annual review of the Town's Comprehensive Plan
with respect to current conditions and trends. The motion was approved by a vote of
6-1, with Deputy Mayor Pro-Tem Dugger casting the opposing vote.
9. Discussion on the design of the Downtown Enhancements project. (MR)
Senior Engineer Matt Richardson presented this item before the Town Council. Mr.
Richardson reviewed the scope of the project which includes sidewalk expansion,
roadway improvements, redesigned parking, landscaping, and decorative street
lighting, and responded to questions from the Town Council on the timing of the
project, street width, parking, and landscaping. The Town Council was encouraged
to contact staff with any additional comments or feedback related to the Downtown
Enhancements project.
10. 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:
10a. Section 551.087 — To discuss and consider economic development
incentives.
10b. 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.
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10c. Section 551.071— To discuss possible litigation regarding claims related
to landscaping and irrigation projects, and all matters incident and
related thereto.
The Town Council recessed into Executive Session at 8:03 p.m.
Mayor Smith left the Executive Session at 8:32 p.m.
11. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 8:43 p.m. No action was
taken as a result of Executive Session.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
0 Discuss the date for the Strategic Planning Session in January 2015
Town Secretary Robyn Battle proposed a tentative date of January 28, 2015, for
the Town Council Strategic Planning Session.
13. Adjourn.
The meeting was adjourned at 8:45 p.m.
These minutes approved on the 28th day of October, 2014.
AT
Robyn Batty, Town Secretary
1
APPROVED:
Ray Imith,IMayor
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