04.12.2016 Town Council Minutes1.
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TOWN OF
P E R .JLL0
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-Tem Meigs Miller
Deputy Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Mike Davis
Council Members Absent:
Councilmember Jason Dixon
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, April 12, 2016
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
Frank Jaromin, Public Works Director
Betty Pamplin, Accounting Manager
January Cook, Purchasing Agent
Doug Kowalski, Chief of Police
Ashley Price, Dispatcher
Maria Imperial, Dispatcher
Ronnie Tucker, Fire Chief
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 recent and upcoming events.
Councilmember Michael Korbuly read the following announcements:
It's official! Prosper is the winner of the It's Time Texas Community Challenge for small
communities. With the help of our Town employees, schools, churches, businesses, and
residents, Prosper won with a substantial lead over our statewide competition. Team
Prosper will be awarded with a $1,200 grant for healthy school initiatives, a trophy, and a
Town banner. Thanks to everyone who helped us win this championship!
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The Texas Department of Transportation will conduct a Public Meeting on Thursday, May
12, from 5:30-7:30 p.m. at Navo Middle School in Aubrey to receive public comments on
the proposed widening of US Highway 380 from Loop 288 to west of County Road 26.
More information is available at www.keer)itmovingdallas.com.
A variety of Parks and Recreation programs are now available for registration. Spring
archery and tennis classes are available, and several summer programs for adults and
children are now open. Sign up online at www.prosperparksandrec.org.
The Prosper Police Department will host "Coffee with a Cop" at the new Kroger
Marketplace on Thursday, April 14, from 8:00-10:00 a.m. Buy your favorite cup of coffee at
Starbucks, then join some of Prosper's police officers for an informal discussion about the
issues that are important to you.
Councilmember Korbuly congratulated the Prosper Lady Eagles soccer team for their
recent area championship.
Councilmember Dugger announced the Prosper Historical Society's veterans event to be
held at Frontier Park on Memorial Day, May 30.
Councilmember Dugger also announced that the Prosper Lions Club now meets on the first
and third Friday of every month at 7:15 a.m. at the Kroger Marketplace on Preston Road.
4. Presentations
• Presentation of a Proclamation declaring April 18-22 as Juvenile Diabetes Walk
For A Cure Week. (RB)
Tiziana Kanouse, Crystal Kirsch, and Catherine Kirsch were present to receive the
Proclamation.
• Presentation of a Proclamation to members of the Town of Prosper Police
Department declaring April 10-16 as Public Safety Telecommunicators Week.
(RB)
Police Chief Doug Kowalski, Fire Chief Ronnie Tucker and dispatchers Ashley Price
and Maria Imperial were present to receive the Proclamation
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 — March 22, 2016
5b. Receive the February 2016 Financial Report. (BP)
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5c, Consider and act upon Ordinance No. 16-23 for a Special Purpose Sign
District for the Gates of Prosper, on 93.0± acres, located on the northeast
corner of US 380 and Preston Road. (MD16-0001). (JW)
Councilmember Dugger pulled Item 5d from the Consent Agenda.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to approve Items 5a, 5b, and 5c on the Consent Agenda. The motion was approved by a
vote of 6-0.
5d. 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)
Development Services Director John Webb responded to questions from the Town Council
about the building's fagade. Exhibit D from the original Special Use Permit (SUP)
referenced the architectural style of the buildings. The applicant no longer wishes to
incorporate office use in the proposed second building; however, the SUP still requires it to
have a similar fagade. Rick Jones of Advantage Storage addressed the Council, stating
that he feels the proposed elevation for the second building meets the spirit and intent of
the SUP. Councilmember Dugger would like the applicant to work with Town staff to make
the appearance of the building more similar to the existing building. The Council discussed
with the Town Attorney the consequences of appealing the decision of the Planning &
Zoning Commission.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to postpone Item 5d to a future Town Council agenda. The motion failed with a vote of 3-3.
The Town Council and the applicant continued to discuss options to make the two buildings
more similar in appearance. The applicant agreed to consider adding awnings to the west
side of the second building, and to meet with staff to discuss other options to enhance the
office appearance.
Councilmember Vogelsang made a motion and Councilmember Dugger seconded the
motion to postpone Item 5d to the April 26, 2016, Town Council meeting. 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.
There were no citizen comments.
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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 52.2± acres generally located on the west side of Coit Road, 2,700± feet
north of First Street. (A16-0001). (JW)
Development Services Director John Webb presented this item before the Town Council.
In 2014, the Town extended the five-year Annexation Agreement with the subject property
owner which allows for development of the property in accordance with the Agricultural
District of the Town's Zoning Ordinance. The property owner has submitted a petition to be
annexed by the Town. In conjunction with this request, the subject property owner and an
adjacent property owner, Sexton Farms Ltd., submitted a request to amend the Future Land
Use Plan (CA16-0001) and to zone 82.9± acres for a private, gated, residential subdivision
consisting of 161 lots.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
No further action was taken,
8. Conduct a Public Hearing, and consider and act upon a request for a Specific Use
Permit (SUP) for a Child Day Care Center and Private Athletic Stadium or Field (with
no lights) for St. Martin de Porres Catholic Church, on 51.7± acres, located on the
north side of US 380, 1,400± feet west of Teel Parkway. This property is zoned
Planned Development-40 (PD-40). (S16-0004). (JW)
Development Services Director John Webb presented this item before the Town Council.
The purpose of this request is to allow for a Child Day Care Center and Private Athletic
Stadium or Field with no lights for St. Martin de Porres Catholic Church. The ultimate build -
out of the property will be comprised of a church, parish hall, two private school buildings
(pre-k through 8th grade), playgrounds, a ministry/life center, athletic fields with no lights,
and a gym.
Prior to the Town Council meeting, Town staff received two Public Hearing Notice Reply
Forms in opposition to the request. In general, the property owners in opposition noted the
impacts that the proposed church, private school, and/or day care may have on future
potential alcoholic beverage sales on their future commercial development.
Mayor Smith opened the Public Hearing.
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Steven Knobbe, 9863 Shell Ridge Drive, Frisco, Texas, spoke in favor of the item, stating
that he is chairman of the church building committee. He submitted a letter stating the
church's position on alcohol sales by adjacent property owners.
Bill Baird, 6300 Ridglea Place, Ste. 700, Fort Worth, Texas, spoke in favor of the item as
the project engineer.
Marie Pishko, 377 Burnswick Isles Way, Frisco, Texas, spoke in favor of the item,
specifically for the day care and preschool.
Joann Messina, 2240 Meadow View, Prosper, Texas, did not speak, but wished to register
her support for the item for the record.
Dan Messina, 2240 Meadow View, Prosper, Texas, did not speak, but wished to register his
support for the item for the record.
Santos Martinez, 900 Jackson #640, Dallas, Texas, spoke in favor of the item. Mr. Santos
represents Masterplan, an adjacent property owner who had originally submitted a reply
form in opposition to the request. Masterplan has since submitted a letter withdrawing their
opposition, and asking the Town Council to consider adoption of an alcohol waiver
ordinance to allow alcohol sales near churches and schools on a case -by -case basis.
With no one else speaking, Mayor Smith closed the Public Hearing.
Councilmember Vogelsang made a motion and Councilmember Dugger seconded the
motion to approve the request for a Specific Use Permit (SUP) for a Child Day Care Center
and Private Athletic Stadium or Field (with no lights) for St. Martin de Porres Catholic
Church, on 51.7± acres, located on the north side of US 380, 1,400± feet west of Teel
Parkway. The motion was approved by a vote of 6-0.
DEPARTMENT ITEMS:
9. Consider and act upon an ordinance for a Specific Use Permit (SUP) for a Child Day
Care Center (Primrose), on 2.9± acres, located on the east side of Gee Road, 2,000±
feet north of US 380. This property is zoned Planned Development-40 (PD-40). (S16-
0002). (JW)
Development Services Director John Webb presented this item before the Town Council.
On March 22, 2016, the Town Council approved the request for an SUP for Primrose,
subject to revising the elevations to increase the amount of stone on the front elevation.
Council was presented with two options, and approved a revised elevation that reallocates
stone from the side elevation to the front. Representatives of the applicant were present to
answer questions from the Town Council.
Councilmember Korbuly made a motion and Councilmember Dugger seconded the motion
to approve Ordinance No. 16-24 for a Specific Use Permit for a Child Day Care Center
(Primrose), on 2.9± acres, located on the east side of Gee Road, 2,000± feet north of US
380, subject to the inclusion of Option 2 being the Exhibit D Fagade Plan. The motion was
approved by a vote of 6-0.
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10. Consider and act upon amending Ordinance No. 15-58 (FY 2015-2016 Budget) with a
net budget impact of $380,890. (BP)
Accounting Manager Betty Pamplin presented this item before the Town Council. The
proposed budget amendment will reallocate funds to the appropriate impact fee funds, and
allocate funding for mid -block sidewalk flashers, signage and flashers at Windsong Ranch
Elementary, the Harper Road Construction Project, the First Street at Dallas North Tollway
Traffic Signal, and median landscaping.
Councilmember Korbuly suggested that the budget amendment allocate funding for a new
fraize mower to be used by the Parks and Recreation Department to maintain playing fields;
however, because the public notice for this agenda item specifies a particular dollar
amount, no change was made to the proposed budget amendment.
After discussion, Councilmember Dugger made a motion and Mayor Pro-Tem Miller
seconded the motion to approve Ordinance No. 16-25 amending Ordinance No. 15-58 (FY
2015-2016 Budget) with a net budget impact of $380,890 to fund increased revenues,
expenditures, and transfers in the General Fund, Impact Fee Funds, and the CIP Fund.
The motion was approved by a vote of 6-0.
11. Consider and act upon awarding Bid No. 2016-36-B to McMahon Contracting, L.P.,
related to construction services for the Harper Road Repair project; and authorizing
the Town Manager to execute a construction agreement for same. (FJ)
Public Works Director Frank Jaromin presented this item before the Town Council. The
proposed contract will repair Harper Road for the slope failure that occurred due to the
heavy rains in June 2015. The roadway embankment will be excavated below the failure
line and compacted in twelve -inch lifts. The surface will include six inches of flex base and
erosion control. The contract specifies a substantial completion time of 30 calendar days.
Staff anticipates starting construction as soon as weather permits.
After discussion, Councilmember Dugger made a motion and Mayor Pro-Tem Miller
seconded the motion to award Bid No. 2016-36-B to McMahon Contracting, L.P., related to
construction services for the Harper Road Repair project; and authorize the Town Manager
to execute a construction agreement for same. The motion was approved by a vote of 6-0.
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.
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.
12c. 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.
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The Town Council recessed into Executive Session at 7:38 p.m.
13. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 8:40 p.m. No action was taken as a result of
Executive Session.
14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
0 Preston Lakes Playground Design (HW)
This item will be discussed at a future meeting.
Councilmember Korbuly requested that discussion of the purchase of a fraize mower be
placed on a future Town Council agenda when Matt Furr, Parks Superintendent, can be
present.
15. Adjourn.
The meeting was adjourned at 8:41 p.m. on Tuesday, April 12, 2016.
These minutes approved on the 26th day of April, 2016,
ATTE T:
'obyn D ttle, Town Secretay AN
APPROVED:
Ray Smit , Mayor
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