11.26.2019 Town Council MinutesE
1
1
IOWN OF
SPER
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5A5 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tern Curry Vogelsang, Jr.
Deputy Mayor Pro -Tern Jason Dixon
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, November 26, 2019
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Town Secretary/Public Information Officer
Chuck Springer, Executive Director of Administrative Services
Hulon Webb, Engineering Services Director
Pete Anaya, Assistant Director of Engineering Services — Capital Projects
John Webb, Development Services Director
Alex Glushko, Planning Manager
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag
Mayor Ray Smith led the invocation. Boy Scout Troop 289 posted the colors and joined the Mayor
in leading the Pledge of Allegiance and the Pledge to the Texas Flag.
Announcements of recent and upcoming events.
The Town of Prosper was recently listed among the US News and World Report's 25 Great Small
Towns to Live in the United States. Prosper is among the fastest growing cities and towns in the
country, and earned the ranking based criteria such as job opportunities, amenities for families,
unique local attractions, and access to larger metropolitan areas.
The annual Prosper Christmas Festival is moving back to Downtown Prosper on Saturday,
December 7 from 100-7:00 p.m. This year's event will include a Kids Christmas Shop,
complimentary horse-drawn carriage rides, Santa's Workshop with interactive children's art
projects, Community Stage performances, and a Kid Zone with rides and attractions. The evening
will end with Mayor Smith lighting the Community Christmas Tree, with fireworks to follow as the
festival finale. More information is available at www.ProsperChristmasFestival.org
Page 1 of 10
Prosper Town Hall will have a Prosper Christmas Angel Tree in the lobby for residents to donate
Christmas presents to local children and senior citizens. Please take a gift tag off the tree and
drop off gifts at the designated location by December 11.
The Council would like to thank Boy Scout Troop 289 for leading us in a flag ceremony and the
Pledges of Allegiance this evening. The scouts are attending tonight's meeting as part of their
Citizenship in the Community merit badge.
The Town Council would like to wish everyone a very happy Thanksgiving holiday.
Presentations.
Library Services Annual Update. (LS)
Library Director Leslie Scott updated the Council on the programs and services
provided by the Library in 2019.
2. One Book, One Town Presentation. (LS)
Library Director Leslie Scott announced this year's One Book, One Town selection,
Finding Dorothy, by Elizabeth Letts. The Library is offering books with a similar
theme appropriate for teens, beginner readers, and toddlers.
3. Presentation of a Certificate of Appreciation to a Prosper Eagle Scout in
recognition of his work on the Prosper Book Trail. (LS)
Library Director Leslie Scott and the Town Council presented Jesse Johnson with a
Certificate of Appreciation for his work on the Prosper Book Trail.
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.
4. Consider and act upon the Minutes from the November 12, 2019, Town Council
Meeting. (RB)
5. Consider and act upon canceling the December 24, 2019, Prosper Town Council
meeting. (RB)
6. Consider and act upon adopting the ExpressVote EVS 6.0.2.0 Universal voting
system in Collin County, and the Hart Intercivic Verity Voting 2.3 voting system
in Denton County, for early voting in person, early voting by mail, Election Day
voting, and provisional voting for all elections held within the Town of
Prosper. (RB)
7. Consider and act upon approving a Standard Form of Agreement with Pogue
Construction Co., LP, for the construction of additional Town Hall office space;
and authorizing the Town Manager to execute the same. (CS)
8. Consider and act upon approving the purchase of one Ford transit van from
Silsbee Ford, Inc., through the Texas Local Government Purchasing
Cooperative; and one Rovver camera truck system from Green Equipment Co.,
Page 2 of 10
through the Houston -Galveston Area Council (HGAC) Cooperative Purchasing
Program. (FJ)
9. Consider and act upon rejecting all proposals received in response to CSP No.
2020-13-B for Project I: Drainage and Sanitary Sewer Improvements for North
Church Street and North Parvin Street; and Project II: Grading, Drainage and
Structures for Old Town Retention Pond. (PA)
Councilmember Hodges removed Item 10 from the Consent Agenda.
Deputy Mayor Pro-Tem Dixon made a motion and Mayor Pro-Tem Vogelsang seconded the
motion to approve all remaining items on the Consent Agenda. The motion was approved
by a vote of 7-0.
10. Conduct a Public Hearing, and consider and act upon an ordinance rezoning
0.8± acres from Single Family-15 (SF-15) to Downtown Office (DTO), located on
the northwest corner of Second Street and Coleman Street. (Z19-0019). (AG)
Planning Manager Alex Glushko confirmed the proposed motion should reflect an acreage
0.8± acres.
Councilmember Hodges made a motion and Councilmember Miller seconded the motion to
approve Ordinance No. 19-84 rezoning 0.8± acres from Single Family-15 (SF-15) to
Downtown Office (DTO), located on the northwest corner of Second Street and Coleman
Street. The motion was approved by a vote of 7-0.
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, please fill out a "Public Meeting Appearance Card" and
present it to the Town Secretary, preferably before the meeting begins. Pursuant to
Section 551.007 of the Texas Government Code, individuals wishing to address the
Council for items listed as public hearings will be recognized when the public hearing is
opened. For individuals wishing to speak on a non-public hearing item, they may either
address the Council during the Citizen Comments portion of the meeting or when the item
is considered by the Town Council.
Items for Individual Consideration:
11. Conduct a Public Hearing, and consider and act upon a request to rezone 2.1±
acres from Office to Planned Development -Office (PD-O), located on the west
side of future Mahard Drive, south of future Prairie Drive, to facilitate the
development of a Limited Service Hotel (Holiday Inn Express). (Z19-0016). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of this request is to rezone 2.1± acres from Office to Planned Development -
Office to allow for development of a limited service hotel, Holiday Inn Express. The
Page 3 of 10
hotel will be a four story, 55,200 square foot building, containing 92 guest rooms. The
applicant is proposing one modification to the base Office (0) district zoning which is
the addition of Limited Service Hotel as a permitted use. The applicant has not
requested any modifications to the Office district development standards. Mr. Glushko
confirmed that the request meets the Town's minimum parking requirements.
The proposed four story building will be constructed primarily of brick and stone with
small percentages of EIFS. The proposed elevations are in conformance with the
Zoning Ordinance, as required by the Town Council approved Development
Agreement. The applicant is proposing an eight foot tall masonry screening wall with
landscaping along the western property line to screen the future multifamily residential
(senior living) development. The proposed landscaping complies with the landscaping
requirements of the Zoning Ordinance.
Clint Richardson, representing the subject property owner, stated the neighboring
property owner is in support of the request, and confirmed there will be a screening
wall between the two properties.
Dipal Patel, representing the applicant, confirmed the property will have an indoor pool
and 1,500 square feet of meeting space. Responding to Council's concerns about
parking, she stated that it is typical for not every guest to have a car. Mr. Richardson
stated that overflow parking, if needed, would be available in the adjacent office
parking area.
Mayor Smith opened the Public Hearing.
Barbara Nugent, 961 Grassy Shore Lane, Prosper, spoke in opposition to the item,
noting that she did not believe a hotel was a compatible use next to a senior living
facility.
With no one else speaking, Mayor Smith closed the Public Hearing.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Ray seconded the
motion to approve the request to rezone 2.1± acres from Office to Planned
Development -Office (PD-O), located on the west side of future Mahard Drive, south of
future Prairie Drive, to facilitate the development of a Limited Service Hotel (Holiday
Inn Express); further, any site plan for the property shall be subject to Town Council
approval and and a parking study/analysis shall be provided in conjunction with site
plan approval. The motion was approved by a vote of 7-0.
12. Conduct a Public Hearing, and consider and act upon a request to amend 654.0±
acres of Planned Development-40 (PD-40), for Windsong Ranch, generally
located on the west side of Teel Parkway, south of Parvin Road, in order to
modify the residential development standards, including but not limited to;
decreasing the overall lot count; incorporating smaller lot types; and providing
architectural and landscape regulations. (Z19-0020). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. On
November 5, 2019, the Planning & Zoning Commission considered this request. At
that time, the applicant was proposing to amend Planned Development-40 (PD-40) by
decreasing the overall density of the development, by reducing the maximum number
of lots from 3,500 to 3,250; modifying the existing permitted lot type regulations by
Page 4 of 10
increasing the number of Type A (8,000 sq. ft.) lots from 750 to 850, decreasing the
number of Type C (10,500 sq. ft.) lots from 1,100 to 660, and decreasing the number
of Type D (12,500 sq. ft.) lots from 550 to 160; adding four new lot types, including
three smaller lot types and one larger lot type, including Lot Types E, F, G, and H.
Type E Lots are 'A -Pack" or "garden homes" which are comprised of four individual
lots, with single family dwellings on each lot, that all share one common driveway. Mr.
Glushko reviewed the specifications of the proposed lot types. The applicant also
requested to incorporate additional architectural standards for the smaller lot types,
including masonry, garage door, porch, and roof pitch regulations. The changes in the
lot types would occur in the future phases 6-9 on the north side of Doe Branch.
In response to the Planning & Zoning Commission's recommendation, the applicant
revised the request, as follows:
1. Remove the Type E (4-Pack/Garden Home) lots
2. Retain the request for Type F (5,000 sq. ft./40' wide) lots;
3. Replace the Type E (4-Pack/Garden Home) lots with a Type E (40' wide, rear
entry/alley served) lots;
4. Incorporate minimum house pad widths into the PD (Types E and F lots requiring
a minimum of twenty-nine feet, six inches (29' 6") and Type G lots requiring a
minimum of thirty-nine feet, six inches (39' 6"); and
5. Require a development agreement including the proposed architectural standards.
David Blom, representing the developer, Tellus Group, LLC, presented additional
information about the development and the proposed PD amendment. He reviewed
market research showing an increased demand for a price point between $400,000-
$600,000 within the development to provide diverse housing options for individuals at
different stages of life, and of different household sizes. In order to meet the needs of
future residents, and maintain the success of the development, Tellus Group is
requesting to amend the PD to allow for 40-foot lots. The proposed lots would
comprise only eight percent of the 3,250 total lots in the development, and would be
located in the northwest area of the development. Additionally, the developer is
proposing additional architectural standards to mitigate for the smaller lot sizes. Mr.
Blom reviewed the proposed breakdown of the various lot types and sizes.
Mayor Smith opened the Public Hearing
Sonny Moyers, 4340 Woodbine Lane, Prosper, spoke in favor of the request, noting
that a diversity of product in Windsong Ranch with smaller lots will result in a higher
price per square foot in the smaller homes, and it is reasonable for Windsong Ranch
to change its master plan over a period of ten years.
Pat Bostian, 4061 Pepper Grass, Prosper, spoke in favor if the request, stating that
the smaller homes are needed in the community for grandparents and empty nesters,
and she does not believe they will have a negative impact on the community.
Morgan Gagliardino, 4840 Verbena Way, Prosper, spoke in favor of the request, noting
that Windsong Ranch has given Prosper positive recognition on a national scale, and
agrees with their approach in responding to market fluctuations with smaller lot homes.
Nancy Bosch, 1011 Yellowcress Drive, Prosper, spoke in favor of the request, stating
that she supports 40-foot lots for baby boomers and others who are not currently being
Page 5 of 10
served by the development. Responding to a question from Council, she stated that
in her particular case, she still prefers a single family home over a Townhome.
Jerome Myers, 3890 Marigold Lane, Prosper, spoke in opposition to the request,
noting that buyers in Windsong Ranch purchased homes in the development because
of the vision that was presented to them, and he wants that standard to be honored.
He is concerned about setting a precedent for allowing smaller lots.
Natalie Greer, 4530 Desert Willow Drive, Prosper, spoke in favor of the request, noting
that Windsong Ranch has delivered a high -quality product, however, there is currently
not a product in Windsong Ranch at a price point for her parents.
Holly Henderson, Pepper Grass, Prosper, Spoke in favor of the request, stating that
there is a gap in price point between Townhomes and the existing single-family homes
in Windsong Ranch. There is a need for diversity in product and price point in the
development.
Darrell Floyd, 1651 Birdsong Lane, Prosper, spoke in opposition to the request, stating
that the Town should uphold the current ordinances, and those who wish to live in
smaller homes should live in nearby neighborhoods.
Thom Vars, 4191 Peppergrass Lane, Prosper, spoke in opposition to the request,
expressing concern that the Planning and Zoning recommendations were being
bypassed, and encouraging the Council to uphold the current development
regulations.
Barbara Nugent, 961 Grassy Shore Lane, Prosper, spoke in opposition to the request,
stating that she believed the original standards for the development should be upheld.
Chrissy Ball, 4701 Crossvine Drive, Prosper, spoke in favor of the request, noting that
she appreciated being able to buy her home in Windsong Ranch at a price point under
$500,000, and she supports a diversity of housing options to protect against market
fluctuations.
Doug Charles, 4360 Mill Branch Drive, Prosper, spoke in opposition to the request,
noting that the Planning & Zoning recommendation would meet the price point the
developer is looking for. He spoke in support of a limited number of 55-foot lots, and
to uphold the original plan for Windsong Ranch, and the vision of Prosper outlined the
2012 Comprehensive Plan. Mr. Charles previously submitted via email the results of
an online petition with 584 signatures in support of the Planning & Zoning
recommendation, and opposing 40-foot lots.
Wanda Charles, 4360 Mill Branch Drive, Prosper, expressed opposition to the
proposed 4-pack homes for safety concerns.
The following individuals did not wish to speak, but submitted Public Meeting
Appearance Cards expressing their support for the request:
loannis Apostolidis, 4700 Desert Willow Drive, Prosper
Maria Crain, 4700 Desert Willow Drive, Prosper
Rane Pearson, 4061 Blue Sage Drive, Prosper
Lisa and Norm Lee, 4161 Pepper Grass, Prosper
John D. Taylor, 4610 Autumn Sage Drive, Prosper
Page 6 of 10
Rachel Lynch, 701 Almeda Drive, Prosper
Tim Lynch, 701 Almeda Drive, Prosper
Chris Nelson, 891 Greenbrier Lane, Prosper
Rob House, 4561 Bristleleaf Lane, Prosper
Herman Lee, 4421 Bristleleaf Lane, Prosper
Susan Lee, 4421 Bristleleaf Lane, Prosper
Christina Shin, 4141 Blue Sage Drive, Prosper
Dennis Brim, 4360 Bristleleaf Lane, Prosper
The following individuals did not wish to speak, but submitted Public Meeting
Appearance Cards expressing their opposition to the request:
Josh Smith, 3940 Prairie Clover Lane, Prosper
Marianne Smith, 3940 Prairie Clover Lane, Prosper
Howard Abrahams, 4451 Honeyvine Lane, Prosper
James Merritt, 4700 Crossvine Drive, Prosper
Patricia Merritt, 4700 Crossvine Drive, Prosper
Craig Helsley, 4210 Brazoria Drive, Prosper
Allen Bosch, 1011 Yellowcress Drive, Prosper
Nichole Collier, 4450 Woodbine Lane, Prosper
Shephen Gagliardino, 4840 Verbena Way, Prosper
Heather Rattin, 4551 Liberty Drive, Prosper
Paul Rattin, 4451 Liberty Drive, Prosper
Carrine Chan, 841 Greenbriar Lane, Prosper
John Stockton, 841 Greenbriar Lane, Prosper
Kathleen Kowalczyk Reyes, 821 Rockrose Drive, Prosper
David Mirike, 881 Mountain Laurel Drive, Prosper
Rodolfo Sierra, 4140 Brazoria Drive, Prosper
Jackie Sierra, 4140 Brazoria Drive, Prosper
Cory Van Kleeck, 4400 Mill Branch Drive, Prosper
Alan Ford, 3821 Maxdale Drive, Prosper
Annmarie Farris, 101 Bunton Branch Lane, Prosper
Mark Farris, 101 Bunton Branch Lane, Prosper
RA Gordon, 781 Table Rock Drive, Prosper
Trish Johnson, 331 Providence Drive, Prosper
Carl Johnson, 331 Providence Drive, Prosper
Teresa Myers, 3890 Marigold Drive, Prosper
Carleen Hardin, 1651 Birdsong Lane, Prosper
Nuno Fonseca, 4140 Paddock Lane, Prosper
Edwin Leland, 3050 Gentle Creek Trail, Prosper
Cindy Juengling, 1401 Ramsbury Lane, Prosper
Sharon Cunningham, 4401 Jasmine Way, Prosper
Patrick Cunningham, 4401 Jasmine Way, Prosper
Mark Collier, 4450 Woodbine Lane, Prosper
Christina Stevenson, 1621 Chisholm Trail, Prosper
Padraic O'Hara, 710 Alton Drive, Prosper
Kristin O'Hara, 710 Alton Drive, Prosper
Erin Brinkerhoff, 720 Almeda Drive, Prosper
Scott Brinkerhoff, 720 Almeda Drive, Prosper
Jennifer Brown, 610 Gentry Drive, Prosper
Joshua Brown, 610 Gentry Drive, Prosper
Tim Bisbucci, 711 Alton Drive, Prosper
Page 7 of 10
Christopher Newto, 4121 Woodbine Lane, Prosper
Scott and Tracy Giancola, 4001 Pavonia Lane, Prosper
With no one else speaking, Mayor Smith closed the Public Hearing.
The Council continued discussion on the proposed lot sizes, and the number of lots
for each type of home being proposed, taking into account the recommendation from
the Planning and Zoning Commmisison, and the revisions already made by the
developer.
After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember
Miller seconded the motion to approve a request to amend 654.0± acres of Planned
Development-40 (PD-40), for Windsong Ranch, generally located on the west side of
Teel Parkway, south of Parvin Road, subject to the following conditions:
1. Approve a maximum of 125 of the 40-foot minimum lots, with 25% of the lots being
1700 square feet or larger, 25% of the lots being 1900 square feet or larger, and
50% of the lots being 2000 square feet or larger;
2. Type F homes shall be located in the northwest section of the development;
3. Approve a maximum of 375 50-foot lots throughout the development;
4. Maintain the 100-unit increase in Type A lots, as proposed by the developer;
5. Approve the Town entering into a Development Agreement with the developer
regarding building materials and architectural standards for the entire
development; and
6. Approve a provision in the Development Agreement for the dedication of right-of-
way along Parvin Road.
The motion failed with a vote of 3-4, with Councilmember Ray, Mayor Pro-Tem
Vogelsang, Councilmember Andres, and Councilmember Hodges casting the
opposing votes.
After additional discussion, Councilmember Ray made a motion and Councilmember
Andres seconded the motion to approve a request to amend 654.0± acres of Planned
Development-40 (PD-40), for Windsong Ranch, generally located on the west side of
Teel Parkway, south of Parvin Road, subject to the following conditions:
1. Approve a total of 950 Type A lots in the entire Windsong Ranch development,
with a maximum of 361 Type A lots in Phases 6 through 9;
2. Approve a total of 1,074 Type B lots in the entire Windsong Ranch development,
with a maximum of 511 Type B lots in Phases 6 through 9;
3. Approve a total of 600 Type C lots in the entire Windsong Ranch development,
with a maximum of 344 Type C lots in Phases 6 through 9;
4. Approve a total of 160 Type D lots in the entire Windsong Ranch development,
with a maximum of 2 Type D lots in Phases 6 through 9;
5. Approve a total of 500 Type G lots, with all such lots to be located only in Phases
6 through 9 of the Windsong Ranch development; and
6. the total of Type H lots shall remain the same at 40 lots.
Further, the total lot count in the Windsong Ranch development shall be 3,324 lots, of
which 1,758 lots shall be in Phases 6 through 9. Further, the Town and the developer
shall enter into a Development Agreement relative to building materials and
architectural features for all phases of the Windsong Ranch development, and the
development agreement shall include a provision relative to the dedication by the
developer of necessary right-of-way for Parvin Road. The motion was approved by a
vote of 6-1, with Councilmember Miller casting the opposing vote.
Page 8 of 10
13. Presentation of recent administrative updates to the Thoroughfare Plan,
reflecting existing roadway conditions, right-of-way dedication, and/or
easement acquisition. (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
Town's Comprehensive Plan includes the Thoroughfare Plan, which is a guide
intended to show the Town's intended transportation network, roadway alignments,
and street classifications. As a result of recent discussions by the Planning & Zoning
Commission and the Town Council, Town staff will introduce updates to the
Comprehensive Plan and Thoroughfare Plan in two phases over the next several
months. This item is a result of the first phase, during which the Town will commence
updates to the Thoroughfare Plan on an as -needed and/or annual basis to reflect
existing roadway conditions, right-of-way dedication, or easement acquisition. The
second phase, which will occur during the Spring of 2020, will involve Public Hearings
and a proposed ordinance to amend the Comprehensive Plan and Thoroughfare Plan,
including but not limited to an update of all the base maps, demographics, map
disclaimers, and anticipated roadway overpasses. No further action was taken.
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:
Section 551.087 — To discuss and consider economic development incentives.
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.
Section 551.076 — Deliberation of the deployment, or specific occasions for
implementation, of security personnel or devices at Town Hall.
Section 551.071 - Consultation with the Town Attorney regarding legal issues
relative to Section 1.03.002 of the Town's Code of Ordinances, and all matters
incident and related thereto.
Section 551.074 — To discuss and consider personnel matters and all matters
incident and related thereto.
The Town Council recessed into Executive Session at &43 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 9:34 p.m. No action was taken as a result
of the closed session.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting
Town Manager Harlan Jefferson briefed the Council on a recent meeting of North Texas Municipal
Water District (NTMWD) customer cities to discuss changes to the terms of water contracts. Town
staff if not recommending participation.
Page 9 of 10
1
1
1
Adjourn.
The meeting was adjourned at 9:45 p.m. on Tuesday, November 26, 2019.
These minutes approwed,or)pecember 10, 2019.
ATTEST: 191 A
/% n 'tea —' ' • *L
Robyn BAttle, Town Secretary
APPROVED:
t
Ray Smi h, Mayo
Page 10 of 10