08.25.2015 Town Council Minutes1.
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it41 MINUTES
Regular Meeting of the
PRX
TOWN OF Prosper Town Council
Prosper Municipal Chambers
-SPER108 W. Broadway, Prosper, Texas
Tuesday, August 25, 2015
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:05 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tern Meigs Miller
Deputy Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Senior Planner
Jonathan Hubbard, Planner
Matt Richardson, Senior Engineer
Paul Naughton, Landscape Architect
Matt Furr, Parks Superintendent
Frank Jaromin, Public Works Director
Cheryl Davenport, Finance Director
January Cook, Purchasing Agent
Baby Raley, Human Resources Director
Doug Kowalski, Police Chief
Gary McHone, Assistant Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Jim Lugar of Life Journey Church led the invocation. The Pledge of Allegiance
and the Pledge to the Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Dugger read the following announcements:
This afternoon, the Town held a swearing -in ceremony to promote Police Officer Barrett
Morris to the rank of Sergeant. Sergeant Morris has been with the Prosper Police
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Department for six years. Congratulations to Sergeant Morris, and thank you for your
service.
Registration is open for several Parks & Recreation Programs including soccer, archery,
and Stroller Strides for moms with small children, adult fitness classes, and much more.
Visit the Town of Prosper website for more information on how to register. Several local
youth sports leagues are also open for registration.
The public is invited to attend the Groundbreaking Ceremony for Fire Station No. 2 on
August 26 at 8:00 a.m. at the fire station site, located at 1140 S. Teel Parkway. The new
station will have a dramatic effect on the responsiveness of fire and emergency
personnel on a large portion of Prosper, and is scheduled to be in operation in late
summer of 2016.
Dove hunting season officially opens on September 1. The Town of Prosper has an
ordinance that addresses the discharge of firearms within Town limits. The Prosper
Police Department urges residents to check the Town website or contact the Police
Department for hunting restrictions to help residents and hunters have a save hunting
season.
The Annual Prosper Community Picnic will take place on Saturday, September 12 from
4:00 p.m. to 7:00 p.m. Free hot dogs, soft drinks and water will be served by members
of the Town Council from 5:00 p.m. to 6:00 p.m. Families can enjoy music, food and
drinks, an inflatable slide, bounce houses, rides, games, attractions, and an obstacle
course for kids. Contact the Parks & Recreation Department for more information.
4. Presentations
• Presentations to Chanie Smith and William Smith as Junior Police Officers for
the Day. (DK)
Mayor Smith, Councilmember Dugger, Chief Kowalski, and Assistant Chief McHone
presented certificates to Chanie Smith and William Smith.
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 — August 11, 2015
5b. Receive the July 2015 Financial Report. (CD)
5c. Consider and act upon adopting the FY 2015-2016 Prosper Economic
Development Corporation budget. (RW)
5d. Consider and act 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
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Ordinance, regarding action taken by the Planning & Zoning Commission
on any site plan or preliminary site plan. (AG)
Councilmember Dugger made a motion and Mayor Pro-Tem Miller seconded the motion
to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0.
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.)
Wayne Bartley, 721 Shadow Hill, Prosper, spoke on behalf of Cornerstone North Central
Texas and their recent activities. Over the past month, Cornerstone NCT has distributed
backpacks, schools supplies, and school clothes to local children. He also spoke about
North Texas Giving Day on September 17, and Serve Prosper, an event on September
19 to assist local homeowners with home repairs, home maintenance, and other
community clean-up activities. The Cornerstone golf tournament on October 19 and
Cornerstone Christmas on December 13 are other activities that will take place in the
next few months. More information about these events and volunteer opportunities can
be found at www.cornerstonenct.orq.
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 a request to amend Chapter
2, Zoning Districts and Chapter 4, Development Requirements of the Zoning
Ordinance regarding Alternating Single Family Plan Elevations, Exterior
Residential Masonry Construction, Impervious Coverage of Residential Front
Yards, Single Family Corner Lot Landscaping, Residential Garage Standards,
Residential Driveway Standards, Carports and Size of Garages; and amend
Chapter 3, Building Regulations of the Code of Ordinances regarding residential
fences and exterior masonry construction. (Z15-0005). (JW)
John Webb, Director of Development Services, presented this item before the Town
Council. At the direction of the Town Council, Town staff is initiating several proposed
amendments to the Zoning Ordinance and the Building Regulations regarding various
residential development standards. Mr. Webb reviewed the twelve areas that
encompass the proposed amendments.
Mayor Smith opened the Public Hearing.
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Michael Jobe, 801 Blue Ridge Drive, Prosper, did not wish to speak, but submitted a
Public Meeting Appearance Card in opposition to the proposed amendments.
David Lehde, 5816 W. Plano Parkway, Plano, spoke on behalf of the Dallas
Homebuilders Association. Mr. Lehde made several comments on the proposed
amendments, specifically related to masonry, driveway, and garage standards. He
presented a PowerPoint presentation with photographs of sample homes that include
the standards that he recommended, some of which would not be permitted by the
proposed standards.
Clint Richardson, 10950 Research Road, Frisco, spoke in opposition to the proposed
amendments on behalf of the Prosper Developers Council, particularly as they related to
landscaping, fencing and screening requirements. He also made suggestions related to
the plat approval process.
David Blom, 1641 Summer Star, Prosper, expressed concern over the proposed
chimney requirements, fencing requirements, and minimum garage size.
With no one else speaking, Mayor Smith closed the Public Hearing.
The Town Council asked Mr. Richardson more detailed questions related to the platting
process.
The Town Council made comments and recommendations for each of the twelve
proposed amendments:
Item 1, Anti -Monotony: Council agreed with staff's recommendations.
Item 2, Masonry Requirements: Council agreed with staff's recommendations; however,
they asked that the ordinance include an option for the use of alternative exterior
materials.
Item 3, Impervious Coverage of Front Yards: Council agreed with staff's
recommendations.
Item 4, Corner Lot Landscaping: Council asked that the amendment be changed to
require one four -inch caliper tree in the side yard of a corner lot. Additional changes to
landscaping requirements may be brought back for additional Council consideration at a
future meeting.
Item 5, Garage Standards: Council agreed with staff's recommendations; however, they
asked that the ordinance remove the proposed amendment requiring garage doors that
directly face the street to be located a minimum of five feet behind the main front fagade
of the house.
Item 6, Driveway Standards: Council asked that this amendment be omitted entirely.
Item 7, Chimneys: Council agreed with staff's recommendations; however, they asked
that the ordinance include an option for the use of alternative exterior material, if an
alternative exterior material is already being utilized on the exterior of the home.
Item 8, Carports: Council agreed with staff's recommendations,
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Item 9, Fencing Standards: Council agreed with staff's recommendations; however, they
asked that the ordinance state that all fences should be board -on -board if they face the
street.
Item 10, Fencing Adjacent to Hike & Bike Trails: Council agreed with staff's
recommendations.
Item 11, Corner Lot Fencing: Council asked that this recommendation be omitted
entirely.
Item 12, Increase Size of Two -Car Garages: Council asked that the ordinance be
amended to include a minimum total area of enclosed garage space of 400 square feet.
Mr. Webb stated that Town staff will schedule a Public Hearing, and incorporate the
Town Council's recommendations into a proposed ordinance that will be submitted for
Council's consideration at a future meeting.
After discussion, Councilmember Vogelsang made a motion and Councilmember Dixon
seconded the motion to approve the request to amend Chapter 2, Zoning Districts and
Chapter 4, Development Requirements of the Zoning Ordinance regarding Alternating
Single Family Plan Elevations, Exterior Residential Masonry Construction, Impervious
Coverage of Residential Front Yards, Single Family Corner Lot Landscaping, Residential
Garage Standards, Carports and Size of Garages; and amend Chapter 3, Building
Regulations of the Code of Ordinances regarding residential fences and exterior
masonry construction with amendments as presented tonight. The motion was
approved by a vote of 7-0.
Mayor Smith opened Items 8 and 9 concurrently.
8. Conduct a Public Hearing, and consider and act upon a request to amend the
Future Land Use Plan, located on the northwest corner of Prosper Trail and future
Shawnee Trail, from Medium Density Residential to Dallas North Tollway District.
The property is zoned Single Family-15 (SF-15) and Commercial Corridor (CC).
(CA15-0002). [Companion Case Z14-0005] (JW)
Development Services Director John Webb presented Items 8 and 9 to the Town
Council. The applicant has requested that both items be tabled to the September
8, 2015, Town Council meeting to allow more time to address Council's concerns.
Councilmember Korbuly made a motion and Councilmember Dugger seconded the
motion to table Items 8 and 9 to the September 8, 2015, Town Council meeting. The
motion was approved by a vote of 7-0.
9. Conduct a Public Hearing, and consider and act upon a request to rezone 67.7±
acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from
Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development -
Single Family/Office/Retail (PD-SF/O/R). (Z14-0005). [Companion case CA15-0002]
(JW)
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10. Conduct a Public Hearing to consider and discuss the FY 2015-2016 Budget, as
proposed.(HJ)
Mayor Smith opened Items 10 and 11 concurrently.
Mayor Smith read the following statement related to Item 11:
This is the first of two public hearings to discuss the FY 2015-2016 proposed tax rate.
The second Public Hearing will be held on September 8, 2015, at 6:00 p.m., at the
Prosper Municipal Chambers located at 108 W. Broadway, Prosper, Texas. The Town
Council will vote on both the FY 2015-2016 Proposed Budget and the proposed tax rate
at a meeting scheduled on September 22, 2015, at 6:00 p.m., located at the Town of
Prosper Municipal Chambers at 108 W. Broadway, Prosper TX. Once the Public
Hearing is opened, the public is encouraged to express their views.
Town Manager Harlan Jefferson presented information on the FY 2015-2016 Proposed
Budget. The Town is in a high -growth period, which necessitates accelerated
infrastructure development. He reviewed the Capital Improvement Plan (CIP), including
recently completed projects, and projects that are scheduled for implementation over the
next ten years. Mr. Jefferson discussed population projections and the effect on
residential development and the increase in building permits and demand for services.
This leads to increased demand for staff, capital projects which require more capital debt
and an increase in annual debt service. These combined factors require more property
tax revenue in order to support an expanded tax base, otherwise known as the high
growth dynamic.
The proposed budget does not reflect an increase in the tax rate, water, sewer, solid
waste, or storm drainage fee increases. The primary focus of the FY 2015-2016 budget
is on public safety, streets, and parks. The budget components include the base budget,
non -discretionary supplemental requests, and discretionary supplemental requests.
Some of these requests were cut from the budget, but the information is included in the
budget document for reference.
Mr. Jefferson provided an overview of the various Town funds' revenues and
appropriations, the proposed new positions in the budget, and some of the major
program enhancements for FY 2015-2016 in public safety, streets, and parks. The
Town Manager reviewed the Town's taxable values, the property tax rate history, and
the tax rate comparison related to surrounding cities and towns. He also provided a
breakdown of the effect of the proposed tax rate, effective tax rate, and rollback tax rate
on the average homeowner.
After a review of the Water & Sewer Fund revenue and appropriations, Mr. Jefferson
provided an overview of long-term issues for the Town such as the compensation plan
and facilities plan. He provided an overview of the Vehicle and Equipment Replacement
Fund (VERF) recommendations for the FY 2015-2016 Proposed Budget, and the vetting
process used to determine which of the Town's equipment and vehicles should be
repaired or replaced.
Hulon Webb, Executive Director of Development and Community Services, provided an
update on the Capital Improvement Plan, including streets, parks, facilities, water,
wastewater, and drainage projects. Mr. Webb responded to questions and feedback
from the Town Council on specific CIP projects.
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Mayor Smith opened the Public Hearings for Items 10 and 11 concurrently,
With no one speaking, Mayor Smith closed the Public Hearings for Items 10 and 11.
11. Conduct a Public Hearing to consider and discuss a proposal to increase total tax
revenues from properties on the tax roll in the preceding tax year by 8.20 percent.
(HJ)
DEPARTMENT ITEMS:
12. Update on the Parks, Recreation and Open Space Master Plan. (PN)
Landscape Architect Paul Naughton introduced Philip Neely of Dunaway Associates who
presented an update on the Master Plan. Mr. Neely and his colleagues will present the
Master Plan to the Parks, Recreation and Open Space Master Plan Advisory Committee
on August 26, and to the Parks and Recreation Board on September 3. The Plan will be
submitted to the Council for adoption at the September 8, 2015, Town Council meeting.
Once the plan has been adopted, the Town will be eligible to apply for specific parks
grant opportunities. Town staff responded to questions from the Town Council related to
the design and construction of Frontier Park, which is estimated to take approximately
eighteen months to two years. No further action was taken.
13. Consider and act upon authorizing the Town Manager to execute a Facility
Utilization Agreement between the Town of Prosper, Texas, and Prosper Youth
Sports Commission (PYSC), related to use of the Town's facilities. (MF)
Parks Superintendent Matt Furr presented this item before the Town Council
Mayor Pro-Tem Miller stepped away from the Council bench.
This item was tabled at the August 11, 2015, Town Council meeting to allow staff to
amend the insurance requirements in the agreement at the request of the Town Council.
The agreement with the Prosper Youth Sports Commission gives PYSC leagues priority
use of the Town's fields and incorporates applicable components of the agreement into
its previously approved bylaws.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the
motion to authorize the Town Manager to execute a Facility Utilization Agreement
between the Town of Prosper, Texas, and Prosper Youth Sports Commission, related to
use of the Town's facilities. The motion was approved by a vote of 6-1.
Mayor Pro -Tern Miller returned to his place at the Council bench.
14. Consider and act upon authorizing the Town Manager to execute a Water Impact
Fees Reimbursement Agreement between TVG Texas I, LLC, and the Town of
Prosper, Texas, related to the extension of water lines to serve the Windsong
Ranch development. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. TVG Texas I, LLC, is developing Windsong Ranch,
and in order to facilitate the development, they are required to extend several water lines
as depicted on the Town of Prosper Water System Capital Improvement Plan. The
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15.
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proposed agreement outlines the obligations of the Town of Prosper and TVG Texas I,
LLC, related to the design, construction, and reimbursement of collected water impact
fees to fund the projects.
Mayor Pro-Tem Miller made a motion and Councilmember Dugger seconded the motion
to authorize the Town Manager to execute a Water Impact Fees Reimbursement
Agreement between TVG Texas I, LLC, and the Town of Prosper, Texas, related to the
extension of water lines to serve the Windsong Ranch development. The motion was
approved by a vote of 7-0.
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.
15c. Section 551.071 — Consultation with Town Attorney regarding legal issues
associated with Article 1.10 of Chapter 1 of the Code of Ordinances, and all
matters incident and related thereto.
15d. Section 551.071 — Consultation with Town Attorney regarding legal issues
associated with proposed extraterritorial jurisdiction release, and all
matters incident and related thereto.
15e. Section 551.074 — To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks & Recreation Board,
Library Board, Prosper Economic Development Corporation Board, and
Planning & Zoning Commission.
The Town Council recessed into Executive Session at 8:29 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 9:50 p.m. No action was taken
as a result of Executive Session.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Downtown Enhancements (MR)
Senior Engineer Matt Richardson provided an update to the Town Council on the
Downtown Enhancements project, and the Town Council discussed the various
options presented. This item will be brought forward for further Town Council
discussion and action at a future meeting.
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• CIP Projects (HW)
• Town Hall/Multi-Purpose Facility
Hulon Webb provided an update to the Town Council on the Town Hall/Multi-
Purpose Facility project, and the Town Council discussed various options. This item
will be brought forward for further Town Council discussion and action at a future
meeting.
• SH 289 Median Landscaping
Hulon Webb provided a brief update on the SH 289 Median Landscaping project,
specifically related to the cost and timeline for installing sod and hydromulch.
18. Adjourn.
The meeting was adjourned at 10:33 p.m.
These minutes approved on the 8th day of September, 2015.
M
APPROVED:
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i.,I ti ,
Ray Srnitb Mayor
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