20170214Town of Prosper
Town Council Meeting
February 14, 2017
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Town of Prosper
Agenda Item 1.
Call to Order/Roll Call.
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Agenda Item 2.
Invocation, Pledge of Allegiance, and
Pledge to the Texas Flag.
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Pledge to the Texas Flag
Honor the Texas flag;
I pledge allegiance to thee,
Texas, one state under God,
one and indivisible.
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Agenda Item 3.
Announcements of recent and
upcoming events.
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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.
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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
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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)
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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)
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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
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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?
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Proposition No. 2
Shall Section 3.02 of the Town Charter,
entitled “Limitations on Terms,”be
repealed?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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Proposition No. 10
Shall Section 9.05 of the Town Charter,
entitled “Board of Adjustment,”be repealed?
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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
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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)
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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)
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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)
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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.
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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)
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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)
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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)
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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)
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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)
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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)
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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.
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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.
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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.
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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.
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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.
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Agenda Item 13.
Reconvene in Regular Session and take any action
necessary as a result of the Closed Session.
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Agenda Item 14.
Consider and act upon an ordinance amending the FY
2016-2017 budget.(KN)
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Agenda Item 15.
Possibly direct Town staff to schedule topic(s)for
discussion at a future meeting.
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Agenda Item 16.
Adjourn.
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