05.12.2015 Town Council Minutes2.
3.
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 12, 2015
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tern Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Curry Vogelsang, Jr.
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 T. Webb, Jr., Executive Director of Development and Community Services
John Webb, Director of Development Services
Alex Glushko, Senior Planner
Kim Galvin, Interim Finance Director
Leslie Scott, Library Director
Frank Jaromin, Public Works Director
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler of First Presbyterian Church of Prosper led the invocation. The
Pledge of Allegiance and the Pledge to the Texas Flag were recited.
Announcements of upcoming events.
The Prosper Fire Department is raising funds for the Annual Muscular Dystrophy
Campaign with its "Fill The Boot" event to be held May 13-15. Firefighters will be at
North Dallas Parkway and Prosper Trail, at First Street and Coit Road, and at several
intersections along Preston Road during the fundraiser. Motorists will only be
approached during complete traffic stops, and donors should only reach out of their
vehicles when they are completely stopped. Every dollar donated provides funds for
medical treatment and support services to over 100 individuals and their families
living with neuromuscular diseases in the Prosper area. This year's goal is $8,000.
Please consider donating to this worthy cause.
The book "Unbroken" has been chosen as the topic for the Town's very first "One
Book, One Town" program, which will launch this summer with guest speakers,
programs and events for all ages.
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The Prosper High School Choir competed in the Bluebonnet Festival in San Antonio
on April 24, and received several top honors. The Choir Department's Spring Pop
Show will be held on Thursday, May 14, in the PHS Auditorium at 7:30 p.m. Tickets
are $5 at the door, and the public is invited to attend.
The Prosper High School Baseball team are undefeated district champions, and are
in the second round of playoffs. They play in Argyle this Friday night.
The Live & Prosper Summer Series will kick off on Saturday, May 16, at Frontier Park
with music, inflatables, food, games, activities, and a 20-foot inflatable movie screen
showing "Big Hero 6" at dusk. Bring your blankets and lawn chairs and come out to
enjoy the fun.
Councilmember Korbuly expressed his appreciation for the large voter turnout in the
recent election, and also for the candidates who participated in the election.
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.)
4a. Consider and act upon minutes from the following Town Council
meeting. (RB)
• Regular Meeting — April 28, 2015
4b. Consider and act upon acceptance of a grant, in the amount of
$4,878.96, from the Edge Reimbursement Program, and authorizing the
Mayor to execute any award documents. (LS)
4c. Consider and act upon acceptance of a grant, in the amount of
$2,365.40, from the Texas Book Festival, and authorizing the Mayor to
execute any award documents. (LS)
4d. Consider and act upon Resolution No. 15-24 authorizing various
individuals as signers of specific accounts and certain investment
matters. (KG)
4e. Consider and act upon a 380 agreement between Highland Homes and
the Town of Prosper, and authorizing the Town Manager to execute
same. (KG)
4h. Consider and act upon Ordinance No. 15-26 annexing an 18.6± acre tract
of land, located on the south side of Prosper Trail, 2,500± feet west of
Custer Road. (A15-0001). (JW)
4i. 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)
Councilmember Dixon removed Items 4f and 4g from the Consent Agenda
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Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Dixon seconded
the motion to approve all remaining items on the Consent Agenda. The motion was
approved by a vote of 7-0.
4f. Consider and act upon authorizing the Town Manager to execute a
Landscape Maintenance Agreement between the Texas Department of
Transportation and the Town of Prosper, Texas, related to maintenance
obligations for landscape and irrigation improvements in the medians of
SH 289 (Preston Road) from US 380 to FM 1461 (Frontier Parkway). (HW)
Hulon Webb, Executive Director of Development and Community Services,
responded to questions from the Council related to irrigation improvements in
the future. The Town is responsible for maintaining whatever improvements
TxDOT allows as stated in the agreement.
Councilmember Dixon made a motion and Deputy Mayor Pro-Tem Dugger
seconded the motion to authorize the Town Manager to execute a Landscape
Maintenance Agreement between the Texas Department of Transportation
and the Town of Prosper, Texas, related to maintenance obligations for
landscape and irrigation improvements in the medians of SH 289 (Preston
Road) from US 380 to FM 1461 (Frontier Parkway). The motion was
approved by a vote of 7-0.
4g. Consider and act upon a resolution authorizing the reduction and
release of the Town of Prosper's extraterritorial jurisdiction and entering
into a development agreement, as a result of the Extraterritorial
Jurisdiction Allocation Agreement between the Town of Prosper, Texas
and the City of Aubrey, Texas for the reduction and release of
designated portions of the Town of Prosper's Extraterritorial
Jurisdiction, and Development Agreement between the Town of Prosper
and CADG Comanche 248, LLC, by removing 145± acres of land from the
Town's extraterritorial jurisdiction, generally located west of FM 1385
and north of Bryan Road, and authorizing the Town Manager to execute
the same. (HW)
Mayor Smith stepped down from the Council bench at this time.
Mayor Pro -Tern Miller made a motion and Councilmember Korbuly seconded
the motion to approve Resolution No. 15-25 and authorizing the reduction and
release of the Town of Prosper's extraterritorial jurisdiction and entering into a
development agreement, as a result of the Extraterritorial Jurisdiction
Allocation Agreement between the Town of Prosper, Texas and the City of
Aubrey, Texas for the reduction and release of designated portions of the
Town of Prosper's Extraterritorial Jurisdiction, and Development Agreement
between the Town of Prosper and CADG Comanche 248, LLC, by removing
145± acres of land from the Town's extraterritorial jurisdiction, generally
located west of FM 1385 and north of Bryan Road, and authorizing the Town
Manager to execute the same. The motion was approved by a vote of 6-0.
5. 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
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agenda. Please complete a "Public Meeting Appearance Card" and present it to
the Town Secretary prior to the meeting.)
Other Comments by the Public -
Kyle Legman, 16508 Toledo Bend Court, Prosper, addressed the Council as a new
resident of Prosper. He inquired how to find out about development projects that
would occur in Prosper in the future. Town Manager Harlan Jefferson directed Mr.
Legman to John Webb, Director of Development Services, for more information.
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:
6. Conduct a Public Hearing, and consider and act upon a request to amend the
Future Land Use Plan, located 500± feet north of Prosper Trail, 3,000± feet west
of Dallas Parkway, from Low Density Residential to Medium Density
Residential. The property is zoned Planned Development-60 (PD-60). (CA15-
0003) [Companion case Z14-0016] (JW).
Mayor Smith opened Items 6 and 7 concurrently. Development Services Director
John Webb presented this item before the Town Council. The applicant is proposing
to amend the Future Land Use Plan (FLUP) from Low Density to Medium Density to
allow for the development of lots ranging in size from 12,500 to approximately 16,000.
The applicant has reconfigured the property to double the number of lots that are over
15,000 square feet since the request was first presented.
Mayor Smith opened the Public Hearing on Items 6 and 7 concurrently.
Rob Baldwin spoke on behalf of the applicant. He reiterated the changes the
developer had made to increase the number of 15,000 square foot lots. The PD will
also include improved development standards that are not found in the Town's typical
zoning standards.
Mayor Smith closed the Public Hearings on Items 6 and 7.
The Town Council was in agreement that its intent was to maintain the Future Land
Use Plan in this area and encouraged the developer to utilize more of the open space
in order to make the lots bigger to conform to the FLUP.
Councilmember Dixon made a motion and Councilmember Korbuly seconded the
motion to deny the request to amend the Future Land Use Plan. The motion was
approved by a vote of 7-0.
7. Conduct a Public Hearing, and consider and act upon a request to rezone 9.4±
acres, located 500± feet north of Prosper Trail, 3,000± feet west of Dallas
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Parkway, from Agricultural (A) to Planned Development -Single Family-12.5 (PD-
SF-12.5). (Z14-0016) [Companion case CA15-0003] (JW)
Councilmember Dixon made a motion and Deputy Mayor Pro-Tem Dugger seconded
the motion to table Item 7 to the June 9, 2015, Town Council meeting. The motion
was approved by a vote of 7-0.
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)
Mayor Smith opened Items 8 and 9 concurrently.
John Webb presented Items 8 and 9 to the Town Council concurrently. The applicant
has requested that this item be tabled to the May 26, 2015, Town Council meeting.
Councilmember Dixon asked if the request to table Items 8 and 9 were based on the
action taken on Items 6 and 7. Mr. Webb responded that he did not think the two
requests were related.
Councilmember Korbuly made a motion and Councilmember Vogelsang seconded
the motion to table Items 8 and 9 to the May 26, 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 CA15-0004 (JW)
DEPARTMENT ITEMS:
10. Consider and act upon an ordinance approving the Water Conservation Plan
and Water Resource and Emergency Management Plan, amending the title of
Article 13.05, "Water Conservation and Drought Contingency and Water
Emergency Response Plan," of Chapter 13, "Utilities," of the Town's Code of
Ordinances, to "Water Conservation Plan and Water Resource and Emergency
Management Plan," amending section 13.05.001 "Plan Adopted" of Article
13.05, and amending section XVII "Water Conservation and Enforcement Fees,"
of Appendix A of the Town's Code of Ordinances. (FJ)
Public Works Director Frank Jaromin presented this item before the Town Council.
The updated Water Conservation Plan and Water Resource and Emergency
Management Plan is intended to update the Town's current Water Conservation and
Drought Contingency Plan, and to better model the plan utilized by the North Texas
Municipal Water District (NTMWD), as well as surrounding NTMWD member and
customer cities and towns. Mr. Jaromin reviewed the highlights of the Plan, as well
as the differences between the 2014 water conservation stages and the 2015 water
conservation stages, which have some significant differences. Town staff is also
recommending with this new plan an implementation process for landscape irrigation
that is based on geographic areas, rather that postal address. Mr. Jaromin reviewed
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the Town's administrative fees and education programs, and compared the Town's
enforcement actions to those of some surrounding municipalities.
After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve Ordinance No. 15-27 approving the Water
Conservation Plan and Water Resource and Emergency Management Plan,
amending the title of Article 13.05, "Water Conservation and Drought Contingency
and Water Emergency Response Plan," of Chapter 13, "Utilities," of the Town's Code
of Ordinances, to "Water Conservation Plan and Water Resource and Emergency
Management Plan," amending section 13.05.001 "Plan Adopted" of Article 13.05, and
amending section XVII "Water Conservation and Enforcement Fees," of Appendix A
of the Town's Code of Ordinances. The motion was approved by a vote of 7-0.
11. Consider and take action on a resolution directing the Town Secretary to
publish notice of intent to issue Combination Tax and Surplus Revenue
Certificates of Obligation for the purpose of funding costs of public safety and
street projects in the Town. (KG)
Kim Galvin, Interim Finance Director, presented this item before the Town Council.
She summarized the purpose of the certificates of obligation, which would not exceed
$8,600,000, and outlined some of the projects for which the money would be used.
Ms. Galvin then introduced Jason Hughes of FirstSouthwest, the Town's financial
advisor, who explained the process of the sale of the certificates of obligation.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember
Davis seconded the motion to approve Resolution No. 15-28 providing for publication
of notice of intent to issue certificates of obligation to finance the obligations
associated with the aforementioned projects. The motion was approved by a vote of
7-0.
12. Consider and act upon an ordinance amending the FY 2014-2015 budget
allocating $107,521 from fund balance in the General Fund to Inspections and
Municipal Court, as outlined in the attachment, to fund increasing building
rental expense, reclassifying a current part-time Court Clerk to full-time, adding
a new full-time Plans Examiner, and continuing the use of the professional
services of Bureau Veritas North America, Inc., related to third -party building
permit plan review and inspection services. (KG)
Kim Galvin, Interim Director of Finance, presented this item before the Town Council.
The amendment would add an additional Plans Examiner to the Development
Services Division, continue the use of Bureau Veritas North America, Inc. for the
remainder of the current fiscal year to assist with commercial building inspections,
fund increased rental expenses for the building currently utilized by the Municipal
Court, Police Department, and Town Council, and reclassify the current part-time
Municipal Court Clerk to full-time.
After discussion, Deputy Mayor Pro-Tem made a motion and Mayor Pro-Tem Miller
seconded the motion to approve the budget amendment Ordinance No. 15-29 with a
net budget impact of $107,521 to fund increased building rental expense, reclassify a
Court Clerk, fund a new full-time Plans Examiner, and fund the continued use of the
professional services of Bureau Veritas North America, Inc., related to third -party
building permit plan review and inspection services. The motion was approved by a
vote of 7-0.
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13. Discuss possible amendments to the Zoning Ordinance regarding Permitted
Uses. (JW)
Development Services Director John Webb presented this item before the Town
Council. Town staff has identified numerous land uses in the Zoning Ordinances
which should be reevaluated in regard to the appropriateness of the use being
permitted by right or permitted upon approval of a Specific Use Permit. There are
also antiquated land use terms that may need to be amended or removed from the
Zoning Ordinance. Mr. Webb reviewed some specific examples of land uses under
review, comments from Town staff, and proposals Council may consider changing in
the Zoning Ordinance in the future. Town staff was directed to pursue changes to the
Zoning Ordinance and to bring back specific wording at a future meeting for Council
to review before bringing the actual ordinance before the Town Council for adoption.
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:
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 551.074 — To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic
Development Corporation Board, Board of Adjustment/Construction
Board of Appeals, and Library Board.
The Town Council recessed into Executive Session at 7:31 p.m.
15. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 8:26 p.m. No action was
taken as a result of Executive Session.
16. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
M Town Hall Tour Update (HW)
Executive Director of Development and Community Services reviewed the schedule
for the upcoming Town Hall Tour, which will include tours of the facilities in Corinth,
Lewisville, and Coppell on Friday, May 22.
Councilmember Dixon requested staff to look into the status of high speed internet
and cell phone service within the Town.
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17. Adjourn.
The meeting was adjourned at 8:30 p.m.
These minutes approved on the 26th day of May, 2015,
ATT
r
Robyn ISatt , Town Seoretary°
APPROVED:
Ray Smith, ayor
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