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20170214Town of Prosper Town Council Meeting February 14, 2017 “a place where everyone matters” Town of Prosper Agenda Item 1. Call to Order/Roll Call. “a place where everyone matters” Town of Prosper Agenda Item 2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag. “a place where everyone matters” Town of Prosper Pledge to the Texas Flag Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. “a place where everyone matters” Town of Prosper Agenda Item 3. Announcements of recent and upcoming events. “a place where everyone matters” Town of Prosper Agenda Item 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. “a place where everyone matters” Town of Prosper Agenda Item 4a. 4a.Consider and act upon minutes from the following Town Council meeting.(RB) •Regular Meeting –January 24,2017 •Special Meeting –Strategic Planning Work Session,January 25,2017 •Special Meeting –February 6,2017 “a place where everyone matters” Town of Prosper Agenda Item 4b. 4b.Consider and act upon a ordinance ordering a General Election to be held on May 6,2017,and authorizing the Town Manager to execute contracts with the Collin County Election Administration, the Denton County Election Administration,the Prosper Independent School District,and the Collin College District for joint election services.(RB) “a place where everyone matters” Town of Prosper Agenda Item 4c. 4c.Consider and act upon an ordinance ordering a Special Election on proposed amendments to the Home Rule Charter of the Town of Prosper, Texas,to be held on May 6,2017.(RB) “a place where everyone matters” Town of Prosper Special Election to Amend Town Charter Charter Review Commission •Appointed June 14,2016 •Five meetings;completed review on August 24,2016 •Recommendations condensed into 10 Propositions •Town Council accepted Commission’s recommendations on September 27,2016 “a place where everyone matters” Town of Prosper Proposition No. 1 Shall the Town Charter be amended throughout to correct non-substantive errors such as misspellings,punctuation,grammar and sentence structure;provide non-substantive clarifications and include better descriptive language of the matters addressed in the Charter;conform notice, publication and election requirements to state law; and revise references to repealed or obsolete provisions of the Town Charter,state or federal law? “a place where everyone matters” Town of Prosper Proposition No. 2 Shall Section 3.02 of the Town Charter, entitled “Limitations on Terms,”be repealed? “a place where everyone matters” Town of Prosper Proposition No. 3 Shall Section 3.04 of the Town Charter, entitled “Compensation,”be amended to provide that Town Councilmembers shall be entitled to reimbursement for actual reasonable expenses incurred in the performance of official duties for the Town? “a place where everyone matters” Town of Prosper Proposition No. 4 Shall Section 3.06 of the Town Charter, entitled “Vacancies,Forfeiture and Filling of Vacancies,”be amended to provide that vacancies on the Town Council shall be filled by election;however,if there is a vacancy on Town Council for a position with twelve (12) or fewer months remaining in the term,the Town Council may fill the vacancy by appointment? “a place where everyone matters” Town of Prosper Proposition No. 5 Shall Section 3.12 of the Town Charter, entitled “Abstention,”and Section 9.03 of the Town Charter,entitled “Procedure,”be amended to provide that any abstention from voting by a Town Councilmember or Planning and Zoning Commissioner, respectively,should be recorded in the official minutes of the meeting as an abstention? “a place where everyone matters” Town of Prosper Proposition No. 6 Shall Section 5.02 of the Town Charter,entitled “Filing for Office,”be amended to provide that (A)only registered voters for at least twelve (12) months immediately preceding the filing date may file to become a candidate for Town Council;(B)only Town residents who have resided within the Town for at least twelve (12) months immediately preceding the filing date may file to become a candidate for Town Council;and (C)if any board or commission member appointed by the Town Council becomes a candidate for election to the Town Council,he immediately shall forfeit the board or commission position with the Town? “a place where everyone matters” Town of Prosper Proposition No. 7 Shall Section 5.05 of the Town Charter, entitled “Taking of Office,”be amended to provide that new Town Councilmembers shall be sworn into office at the next meeting following the declaration of the results of the election? “a place where everyone matters” Town of Prosper Proposition No. 8 Shall Section 7.06 of the Town Charter, entitled “Proceeding on Adoption of Budget,”be amended to provide that the Town budget shall be adopted prior to the beginning of the next fiscal year? “a place where everyone matters” Town of Prosper Proposition No. 9 Shall Section 8.01 of the Town Charter, entitled “Authority,Composition and Procedures,”be amended to provide that (A) board and commission members may be reimbursed for actual reasonable expenses incurred in the performance of official duties;and (B)all board and commission meeting minutes shall be kept by the Town and that written reports are not required to be submitted to the Town Council within three (3)weeks? “a place where everyone matters” Town of Prosper Proposition No. 10 Shall Section 9.05 of the Town Charter, entitled “Board of Adjustment,”be repealed? “a place where everyone matters” Town of Prosper Special Election to Amend the Town Charter Next Steps: •Adopt ordinance ordering Special Election •Information on website,media release, publication in official newspaper •May 6,2017:Election Day “a place where everyone matters” Town of Prosper Agenda Item 4d. –4f. 4d.Receive the December 2016 Financial Report. (KN) 4e.Receive the Quarterly Investment Report.(KN) 4f.Consider and act upon receiving the 2016 Racial Profiling Report as required by state law.(DK) “a place where everyone matters” Town of Prosper Agenda Item 4g. 4g.Consider and act upon approving the purchase of third-party building permit plan review and inspection services,and fire-related services, through an existing Professional Services Agreement with Bureau Veritas North America, Inc.;approving an amendment to the Professional Services Agreement;and authorizing the Town Manager to execute same.(JW) “a place where everyone matters” Town of Prosper Agenda Item 4h. 4h.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) “a place where everyone matters” Town of Prosper Agenda Item 5. Citizen’s 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. “a place where everyone matters” Town of Prosper Agenda Item 6. Conduct a Public Hearing,and consider and act upon a request to rezone 14.1±acres,from Planned Development-43 (PD-43)to Planned Development- Commercial (PD-C),on the north side of US 380, 700±feet west of Mahard Parkway to facilitate the development of an automobile sales and/or leasing facility (Ford).(Z16-0025).(AG) “a place where everyone matters” Town of Prosper Agenda Item 7. Conduct a Public Hearing,and consider and act upon an ordinance amending Special Purpose Sign Distirict-4 (SPSD-4),to allow for increased wall signage height on the Gates of Prosper,Block A,Lot 7 (Texas Roadhouse), located on the east side of Preston Road,700±feet north of US 380.(MD17-0001).(AG) “a place where everyone matters” Town of Prosper Agenda Item 8. Conduct a Public Hearing,and consider and act upon a request for a Variance to the Sign Ordinance,to allow for increased wall signage height,for Longo Toyota,located on the northwest corner of US 380 and Mahard Parkway.(V17-0001).(AG) “a place where everyone matters” Town of Prosper Agenda Item 9. Conduct a Public Hearing to receive public comments concerning the amendment of the land use assumptions and capital improvements plan,and the imposition of an impact fee for water,wastewater,and roadway utilities.(MD16-0012)(HW) “a place where everyone matters” Town of Prosper Agenda Item 10. Consider and act upon an ordinance amending Appendix A,“Fee Schedule,”to the Town’s Code of Ordinances by repealing existing Section I, “Construction Permits and Fees,”and replacing it with a new Section I,“Construction Permits and Fees.” (JW) “a place where everyone matters” Permit Fees Restaurant w/Drive-Thru $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 Restaurant w/Drive thruProsperBV (3rdparty)AllenColleyvilleCoppellFairviewFlower MoundFriscoHighland ParkMcKinneyPlanoSouthlakeAvg$1,000,000 Building Value 51 Avg Permit Fees Medical Office Building $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 Medical Office BuildingProsperBV (3rdparty)AllenColleyvilleFriscoMcKinneyPlanoAvg $3,700,000 Building Value 52CoppellFairviewFlower MoundHighland Park SouthlakeAvg Permit Fees Big Box Grocery Store $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 Grocery Store $7,500,000 Building Value 53ProsperBV (3rdparty)AllenColleyvilleCoppellFairviewFlower MoundFriscoHighland Park McKinneyPlanoSouthlakeAvgAvg Town of Prosper Agenda Item 11. Discussion on proposed multipurpose fields striping for the Frontier Park North Field Improvements project.(DR) “a place where everyone matters” Town of Prosper “a place where everyone matters” Town of Prosper “a place where everyone matters” Town of Prosper “a place where everyone matters” Town of Prosper “a place where everyone matters” Town of Prosper “a place where everyone matters” Town of Prosper “a place where everyone matters” Town of Prosper “a place where everyone matters” Town of Prosper “a place where everyone matters” Town of Prosper “a place where everyone matters” Town of Prosper “a place where everyone matters” Town of Prosper Agenda Item 12. 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: 12a.Section 551.087 –To discuss and consider economic development incentives. “a place where everyone matters” Town of Prosper Agenda Item 12. 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: 12b.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. “a place where everyone matters” Town of Prosper Agenda Item 12. 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: 12c.Section 551.071 –Consultation with the Town Attorney regarding possible litigation regarding bond issues,and all matters incident and related thereto. “a place where everyone matters” Town of Prosper Agenda Item 12. 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: 12d.Section 551.071 –Consultation with the Town Attorney regarding legal issues associated with new Section 251.725 of the Texas Alcoholic Beverage Code and impact on land development. “a place where everyone matters” Town of Prosper Agenda Item 12. 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: 12e.Section 551.074 –To discuss and review the Town Manager’s performance evaluation. “a place where everyone matters” Town of Prosper Agenda Item 13. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. “a place where everyone matters” Town of Prosper Agenda Item 14. Consider and act upon an ordinance amending the FY 2016-2017 budget.(KN) “a place where everyone matters” Town of Prosper Agenda Item 15. Possibly direct Town staff to schedule topic(s)for discussion at a future meeting. “a place where everyone matters” Town of Prosper Agenda Item 16. Adjourn. “a place where everyone matters”