01.12.2016 Town Council Minutes1.
2.
3.
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street, Prosper, Texas
Tuesday, January 12, 2016
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:04 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Councilmember Kenneth Dugger (arrived at 6:16 p.m.)
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Jason Dixon
Council Members Absent:
Deputy Mayor Pro-Tem Curry Vogelsang, Jr,
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
Leslie Scott, Library Director
January Cook, Purchasing Agent
Betty Pamplin, Accounting Manager
Baby Raley, Human Resources Director
Doug Kowalski, Police Chief
Gary McHone, Assistant Police Chief
Sergeant Barrett Morris
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Bishop John Sallaway of the Church of Jesus Christ of Latter -Day Saints led the
invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Davis read the following announcements:
Prosper residents are encouraged to increase their fitness by pledging to walk, jog, run,
bike or swim more than 100 miles between January 15 and April 15. Participants who
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accept the challenge can download a Mileage Tracking Sheet from
www. ProscerParksandRec.ora.
The Mayor has also endorsed a statewide competition called "It's Time - Texas
Community Challenge," presented by H-E-B. The challenge seeks to mobilize residents
to compete with municipalities of similar size as part of the year-round schedule of
recreation activities to promote family and neighbor interaction in community parks. For
a full listing of Town recreation activities, please visit www.Prosr)erParksandRec.ora.
Brooke Walpole, a student at Rucker Elementary, carried the Prosper banner at the
annual NFL Punt, Pass, Kick competition. Brooke was the Town's only first place winner
at the local Sectional who advanced to compete at Cowboy Stadium, and she placed
third overall in her age group.
TxDOT and Mario Sinacola will close the outside, westbound lane of US 380 between
Custer and Lovers Lane for approximately one week to allow workers to lay asphalt on
the newly -constructed lane. Motorists should anticipate minor delays while traveling on
US 380.
Friday, January 15 will be the last day to drop off Christmas trees at the lot between the
Fire Station and the water tower on First Street. Trees must be cleared of any lights,
decorations, and ornaments.
4. Presentations
• Presentation of a Proclamation to the PASO Firecrackers for winning the
league's first U-10 state championship. (RB)
Mayor Smith presented the Proclamation to the team.
• Presentation to the Town's website committee for winning a 2015 Gold Davey
Award for best municipality website. (RB)
January Cook, Baby Raley, Leslie Scott, Gary McHone, and Alex Glushko were
present to receive the award.
Councilmember Dugger arrived and took his place at the Council bench.
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 meetings.
(RB)
• Regular Meeting — December 8, 2015
5b. Receive the November 2015 Financial Report. (BP)
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5c. Consider and act upon Resolution No. 16-01 authorizing the Town Manager
to execute an application to the Texas Book Festival for the 2016 Collection
Enhancement Grant. (LS)
5d. Consider and act upon Resolution No. 16-02 authorizing the Town Manager
to execute an application to FEMA for the Assistance to Fire Fighters
Grant. (RT)
5e. Consider and act upon authorizing the construction manager at risk
contracting method of construction of the Frontier Park - North Field
Improvements project. (PN)
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)
Mayor Pro-Tem Miller made a motion and Councilmember Korbuly seconded the motion
to approve all items on the Consent Agenda. The motion was approved by a vote of 6-0.
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.)
Lena Smith, representing the Prosper Ladies Association (PLA), presented information
regarding their upcoming fundraiser, "IMforCharity." The event will be held on March 28,
2016, and it is intended to break the Guinness World Record for the most people texting
within a 60-second time frame. Proceeds will benefit The Samaritan Inn and other
charities supported by PLA.
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. Presentation of service plan and second Public Hearing to consider the voluntary
annexation of 100.0± acres generally located on the south side of Prosper Road,
2,500± feet west of Legacy Drive. (A15-0003). (JW)
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Development Services Director John Webb presented this item before the Town Council.
The property owner has submitted a petition to be annexed by the Town. Upon
annexation, the property would be classified as agricultural, unless otherwise rezoned.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
No further action was taken.
Mayor Smith stepped down from the Council bench.
8. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific
Use Permit (SUP) for a Private Street Development (Montclair), on 30.2± acres,
located on the east side of Preston Road, 1,800± feet north of Prosper Trail. The
property is zoned Single Family-15 (SF-15). (S15-0007). (JW)
Development Services Director John Webb presented this item before the Town Council.
The request is for a Private Street Development for Montclair. The request satisfies the
Town's criteria for SUP approval, and conforms to the Future Land Use Plan.
Mayor Pro-Tem Miller opened the Public Hearing.
Mardy Brown, representing the developer, answered questions and provided additional
detail to the Town Council related to the proposed development.
With no one else speaking, Mayor Pro-Tem Miller closed the Public Hearing.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the
motion to approve Ordinance No. 16-03 for a Specific Use Permit (SUP) for a Private
Street Development (Montclair), on 30.2± acres, located on the east side of Preston
Road, 1,800± feet north of Prosper Trail. The motion was approved by a vote of 5-0.
Mayor Smith returned to the Council bench.
9. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 1.0±
acre, located on the northeast corner of Coleman Street and First Street from
Single Family-15 (SF-15) to Downtown Office (DTO). (Z15-0012). (JW)
Development Services Director John Webb presented this item before the Town Council.
The request is to allow for the development of an office building in accordance with the
DTO District standards and the Future Land Use Plan. The property is located within a
Neighborhood Empowerment Zone.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the
motion to approve Ordinance No. 16-04 rezoning 1.0± acre, located on the northeast
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corner of Coleman Street and First Street from Single Family-15 (SF-15) to Downtown
Office (DTO). The motion was approved by a vote of 6-0.
10. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 1.1±
acres, located on the west side of Coleman Street, 1,100± feet north of Prosper
Trail, from Agricultural (A) to Retail (R). (Z15-0013). (JW)
Development Services Director John Webb presented this item before the Town Council.
The request is to allow for the development of an Indoor Veterinarian Clinic and/or
Kennel, in accordance with the Retail District standards and the Future Land Use Plan.
The applicant intends to demolish the two mini -warehouse buildings on the subject
property and construct a new building for the proposed use.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
After discussion, Councilmember Dugger made a motion and Councilmember Korbuly
seconded the motion to approve Ordinance No. 16-05 rezoning 1.1± acres, located on
the west side of Coleman Street, 1,100± feet north of Prosper Trail, from Agricultural (A)
to Retail (R). The motion was approved by a vote of 6-0.
11. Conduct a Public Hearing, and consider and act upon an ordinance for a Special
Purpose Sign District for the Shops at Prosper Trail (Kroger), on 14.0 ± acres,
located on the east side of Preston Road, 500± feet north of Prosper Trail. (MD15-
0005). (JW)
Development Services Director John Webb presented this item before the Town Council.
The request is to allow for wall signage to exceed the maximum height requirement
within the Shops of Prosper Trail development. Specifically, the District would allow for
the proposed Kroger to have three wall signs with increased height.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Mayor Pro-Tem Miller made a motion and Councilmember Dixon seconded the motion to
approve Ordinance No. 16-06 for a Special Purpose Sign District for the Shops at
Prosper Trail (Kroger), on 14.0± acres, located on the east side of Preston Road, 500±
feet north of Prosper Trail. The motion was approved by a vote of 6-0.
DEPARTMENT ITEMS:
12. Discussion on Town Hall/Multi-Purpose Facility. (HW)
Hulon Webb, Executive Director of Development and Community Services, introduced
Randall Scott of Randall Scott Architects, who presented this item before the Town
Council. Mr. Scott presented architectural renderings of the proposed exterior design of
the Town Hall/Multi-Purpose Facility, lobby sketches, the site plan, and floor plans for
each floor of the building. Major revisions included a designated area for the Prosper
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Historical Society, a floor plan that had the lobby opened to the second floor instead of
the third floor, and balconies on each side of the exterior of the building.
David Wallace continued the presentation by addressing the square footage breakdown
for the original programmed area, additional programmed area, and area reserved for
future expansion. Councilmember Dugger requested to see an additional breakdown of
square footage for the halls, Library and Municipal Chambers. Mr. Scott reviewed the
timeline for construction.
The Council gave direction to make the conference room in the Finance Division more
centralized and accessible to other departments, add a clock to both sides of the cupola,
and open the cupola to the third floor to allow light in. The Town Council requested to
see an architectural rendering with the wings constructed of a masonry material rather
than metal. The site plan was approved with the addition of extending the walkway in
the northern parking lot to connect with Broadway Street.
Mr. Webb and Mr. Scott responded to questions from the Town Council on the parking
requirements and the improvements to Main Street that will accompany the project. Mr.
Webb confirmed that the baseball fields will remain usable until approximately May 1
according to the current schedule.
No further action was taken.
13. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between 55 Prosper, LP, 104 Prosper, LP, 310 Prosper, LP, Reliable
TEP Partners, LLC, Cothran Malibu, LP, and the Town of Prosper, Texas, related to
the extension of wastewater lines to serve the Brookhollow development. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. The developers of the Brookhollow development are
interested in extending a wastewater line to serve their properties. Since the proposed
wastewater lines are depicted on the Town of Prosper Wastewater System Capital
Improvement Plan, the actual costs for the design and construction of the improvements
are eligible for reimbursement of wastewater impact fees collected from the
development. The purpose of the Development Agreement is to outline the obligations
of the Town of Prosper and the developers related to the design, construction, and
reimbursement of collected wastewater impact fees to fund the projects.
Councilmember Dugger made a motion and Mayor Pro-Tem Miller seconded the motion
to authorize the Town Manager to execute a Development Agreement between 55
Prosper, LP, 104 Prosper, LP, 310 Prosper, LP, Reliable TEP Partners, LLC, Cothran
Malibu, LP, and the Town of Prosper, Texas, related to the extension of wastewater lines
to serve the Brookhollow development. The motion was approved by a vote of 6-0.
14. 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:
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14a. Section 551.087 — To discuss and consider economic development
incentives.
14b. 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.
14c. Section 551.071 — Consultation with the Town Attorney regarding legal
issues associated with annexation agreements in Town ETJ areas,
development issues associated with areas subject to annexation
agreements, and all matters incident and related thereto.
14d. Section 551.071 — Consultation with the Town Attorney regarding legal
issues associated with the Texas Department of Housing and Community
Affairs HTC Program, including requirements under Title 10, Chapter 10 of
the Texas Administrative Code, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:52 p.m.
16. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:14 p.m. No action was taken
as a result of Executive Session.
15. Consider and act upon a resolution concerning the construction of a grade
separated crossing on Frontier Parkway over the BNSF Railroad, the
reconstruction of FM 1461 from Preston Road to Custer Road, and the two
southbound Dallas North Tollway service lanes along with the Dallas North
Tollway overpass at US Highway 380. (HW)
17.
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. The proposed resolution supports a grade separated
crossing on Frontier Parkway over the BNSF Railroad, the reconstruction of FM 1461
from Preston Road to Custer Road, and the two southbound Dallas North Tollway
service lanes along with the Dallas North Tollway overpass at US Highway 380.
Councilmember Dixon made a motion and Councilmember Dugger seconded the motion
to approve Resolution No. 16-07 in support of a grade separated crossing on Frontier
Parkway over the BNSF Railroad, the reconstruction of FM 1461 from Preston Road to
Custer Road, and the two southbound Dallas North Tollway service lanes along with the
Dallas North Tollway overpass at US Highway 380. The motion was approved by a vote
of 6-0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
The Town Council gave direction on the following items:
Town staff was directed to check the weight limits on certain roads within the Town
limits; some may be outdated.
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Town staff was directed to research the cost differential between using aggregate and
concrete for the US 380 expansion.
John Webb informed the Council that Town staff will bring back proposed revisions on
the home occupation ordinance and the standards for accessory structures at a future
meeting for Council's consideration.
18. Adjourn.
The meeting was adjourned at 9:21 p.m. on Tuesday, January 12, 2016.
These minutes approved on the 26th day of January, 2016.
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Ray Smith Mayor
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