06.28.2016 Town Council Minutes1.
2.
I-SPER
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
TOWN OF 108 W. Broadway Street
Prosper, TX 75078
Tuesday, June 28, 2016
Prosper is a place where everyone Batters.
Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Deputy Mayor Pro -Tern Jason Dixon
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Mike Davis
Council Members Absent:
Mayor Pro-Tem Curry Vogelsang, Jr.
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
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
January Cook, Purchasing Agent
Frank Jaromin, Public Works Director
Doug Kowalski, Chief of Police
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 Korbuly read the following announcements:
Reconstruction of FM 1385 from US 380 to Mustang Road will take place over the next 10
days. During this time, FM 1385 will be one-way northbound from US 380 to Fishtrap.
Motorists are encouraged to use caution in this area while the road improvement project is
taking place.
Pride in the Sky returns to Frontier Park this Friday, July 1, from 5:00-10:00 p.m. Activities
include a car show, charity softball game, Kid Zone, food trucks, vendors, and live music.
Bring your blankets and lawn chairs and enjoy the fireworks at the end of the evening. A
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shuttle service will run continuously from the Prosper High School parking lot. More
information is available at www.prideinthesky.com
The next "Fun Fridays at Frontier" event will take place on July 8 at 10:00 a.m. in Frontier
Park. The theme is "Art in the Park." Throughout the summer, the Parks and Recreation
Department and the Library will hold weekly themed programs designed to keep young
people physically and mentally fit during the summer months. More information about
summer programs is available at www.crosperparksandrec.or
Town Offices will be closed in observance of the Independence Day Holiday on Monday, July
4. The Town Council wishes everyone a safe a happy Fourth of July.
4. Presentations.
Limited Access Roadway Presentation by Collin County Commissioner Susan
Fletcher.
Commissioner Susan Fletcher presented this item before the Town Council. She
provided an overview of the current capacity of Limited Access Roadways (LARs) in
Collin County, compared to Tarrant and Dallas County, and reviewed the current usage
versus the projected usage at buildout. She explained the cooperative efforts that county
has made to partner with municipalities, transit agencies, the Texas Department of
Transportation, and the North Central Texas Council of Governments to develop a
regional transportation plan that will serve the county's needs now and in the future.
Finally, she reviewed cost projections and the estimated timeline to improve LARs and
principal arterial roadways, including the extension of the Dallas North Tollway through
Collin County.
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 — June 14, 2016
5c. 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 Item 5b from the Consent Agenda.
Councilmember Dugger made a motion and Councilmember Miller seconded the motion to
approve Items 5a and 5c on the Consent Agenda. The motion was approved by a vote of 6-
0.
5b, Consider and act upon authorizing the competitive sealed proposal
procurement method for the purchase and installation of artificial field turf for
the Town of Prosper Frontier Park - North Field Improvements project. (JC)
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Purchasing Agent January Cook presented this item before the Town Council. She
responded to questions from the Town Council related to the bid selection and the
process for setting minimum specifications. While Dean Electric has been selected
as the Construction Manager at Risk, oversight of the installation of the turf system
will be conducted by the company to whom the bid is awarded. Ms. Cook explained
that the procurement method selected will allow the Town to select the company that
provides the best value.
After discussion, Councilmember Korbuly made a motion and Councilmember
Dugger seconded the motion to' approve the competitive sealed proposal
procurement method for the purchase and installation of artificial field turf for the Town
of Prosper Frontier Park - North Field Improvements project. 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.
Judy Saenger, 3011 Blackthorn Drive, Prosper, did not wish to speak, but expressed her
support for a history museum in Prosper.
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:
Mayor Smith opened Items 7 and 8 concurrently.
7. Conduct a Public Hearing and consider and act upon an ordinance amending the
Future Land Use Plan from Retail & Neighborhood Services to High Density
Residential, on the northeast corner of First Street and Coit Road, to allow for an age -
restricted, private gated, senior living development. (CA16-0002). [Companion Case
Z16-0004] (JW)
8. Conduct a Public Hearing and consider and act upon an ordinance rezoning 12.7#
acres, from Retail (R) to Planned Development -Multifamily (PD-MF), located on the
northeast corner of First Street and Coit Road, to allow for an age -restricted, private
gated, senior living development. (Z16-0004). (Companion Case CA16-0004 (JW)
Development Services Director John Webb presented this item before the Town Council.
The proposed development will consist of 102 units within duplex, four-plex, five-plex, and
six-plex buildings, on 12.7 acres, equating to 8.05 dwelling units per acre on a single lot.
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Because the development consists of multiple buildings on a single lot, it is technically
classified as a multifamily development. The Multifamily District (MF) allows for a maximum
of 15 dwelling units per acre. Rezoning requests which do not conform to the Future Land
Use Plan shall be accompanied by a request to amend the Future Land Use Plan. Brenda
McDonald, representing the developer, provided a PowerPoint presentation to address the
criteria that will support an amendment to the Comprehensive Plan, and approval of the
zoning request.
Mayor Smith opened the Public Hearing for Items 7 and 8 concurrently.
Robert "Bob" Goldman, 125 Springbrook Drive, Prosper, spoke in favor of the item, noting
that he appreciated the efforts of the developer to work with the adjacent neighborhoods,
specifically regarding fencing and landscaping.
With no one else speaking, Mayor Smith closed the Public Hearing.
Responding to questions from the Town Council on the proposed age restriction for residents,
Town Attorney Terry Welch suggested revising the language in the development standards
and deed restrictions that will prevent the Town from being obligated to enforced age
restrictions on residents. Vaughan Mitchell, the developer, responded to questions from the
Town Council on the number and type of similar projects he has built. Ms. McDonald, Mr.
Mitchell, and Marc Tolson, the project architect, all responded that they would be willing to
meet with Town staff to revise certain architectural and design elements in response to
Council's requests.
Councilmember Dixon made a motion and Councilmember Korbuly seconded the request to
table Item 7 and Item 8 to the July 26, 2016, Town Council meeting. The motion was
approved by a vote of 6-0.
9. Conduct a Public Hearing, and consider and act upon a request for a Special Purpose
Sign District for Windsong Ranch Marketplace, on 46.6± acres, located on the
northeast corner of US 380 and Gee Road. (MD16-0002). (JW)
Development Services Director John Webb presented this item before the Town Council.
The applicant has requested this item be tabled and the Public Hearing continued to the July
12, 2016, Town Council meeting to address comments from the Executive Development
Team.
Councilmember Korbuly made a motion and Councilmember Dixon seconded the motion to
table Item 9 to the July 12, 2016, Town Council meeting. The motion was approved by a
vote of 6-0.
10. Conduct a Public Hearing, and consider and act upon a request for a Specific Use
Permit (SUP) for a retail building with a flat roof, parapet wall and cornice, in the Shops
at Prosper Trail, Block A, Lot 3, on 1.3± acres, located on the east side of Preston Road,
175± feet north of Prosper Trail. (S16-0007). (JW)
Development Services Director John Webb presented this item before the Town Council.
The purpose of this request is to allow for a retail building with a flat roof, parapet wall and
cornice. Planned Development-68 (PD-68) states all pad sites shall have a pitched roof with
a minimum 6 in 12 inch slope; however, a flat roof with a parapet wall and cornice may be
permitted subject to Town Council approval of a SUP. Donald Silverman, the developer,
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addressed the Council on the design aspects of the project. Council was generally not in
favor of the design, due to the lack of residential appearance. Mr. Silverman requested the
item be tabled to revise the design.
Councilmember Dixon made a motion and Councilmember Dugger seconded the motion to
table Item 10 to the July 26, 2016, Town Council meeting. The motion was approved by a
vote of 6-0.
11. Conduct a Public Hearing, and consider and act upon a request for a variance to the
Sign Ordinance, Section 1.09(M), regarding Subdivision Monuments, for the Villages
at Legacy, located at the northeast corner of US 380 and Legacy Drive. (V16-0002).
(JW)
Development Services Director John Webb presented this item before the Town Council.
The applicant is seeking a variance for an off -premises subdivision monument for the Villages
of Legacy development. The existing subdivision within the Villages of Legacy (Parks at
Legacy) is approximately 2,000 feet north of US 380. The subdivision monument is proposed
to be located off -premises adjacent to US 380 to allow for improved visibility to the existing
subdivision, as well as to serve as the primary entrance for the overall development
consisting of the multiple subdivisions. As shown on the site plan exhibit, the subdivision
monument is proposed to be located 95 feet north of the US 380 right-of-way due to
restrictions with multiple existing utility easements. Clint Richardson of Greater Texas Land
Resources, spoke on behalf of the applicant to address the criteria required to be considered
to determine the validity of a sign variance request.
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 the request for a variance to the Sign Ordinance, Section 1.09(M), regarding
Subdivision Monuments, for the Villages at Legacy, located at the northeast corner of US 380
and Legacy Drive. The motion was approved by a vote of 6-0.
DEPARTMENT ITEMS:
12. Consider and act upon a request for a fagade exception for the Windsong Ranch,
Phase 4A Amenity Center, located on the east side of Windsong Parkway, 1,500± feet
north of Fishtrap Road. (MD16-0005). (JW)
Councilmember Korbuly stepped away from the Council bench at 8:08 p.m.
Development Services Director John Webb presented this item before the Town Council.
The applicant is requesting the exterior of the structure be constructed of natural limestone
and Ipe, which is a Brazilian hardwood. The Zoning Ordinance requires a 100% exterior
masonry material. In 2013, the Town Council approved an amendment to Planned
Development-40 (PD-40) to allow the use of Ipe as a primary material on the Windsong
Ranch, Phase 1A amenity center. Approval of the proposed facade exception would allow
the two amenity centers in Windsong Ranch to have consistent facade materials.
After discussion, Councilmember Dixon made a motion and Councilmember Dugger
seconded the motion to approve a facade exception for the Windsong Ranch, Phase 4A
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Amenity Center, located on the east side of Windsong Parkway, 1,500±feet north of Fishtrap
Road. The motion was approved by a vote of 5-1, with Councilmember Korbuly casting the
opposing vote due to his absence.
Councilmember Korbuly returned to the Council bench at 8:12 p.m.
13. 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:
13a. Section 551.087 — To discuss and consider economic development incentives.
13b. 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.
13c. Section 551-074 — To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks and Recreation Board,
Library Board, Prosper Economic Development Corporation Board, and
Planning & Zoning Commission.
The Town Council recessed into Executive Session at 8:14 p.m.
14. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 9:27 p.m. No action was taken as a
result of Executive Session.
15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Backflow Prevention Plan. (FJ)
Public Works Director Frank Jaromin presented this item before the Town Council. The
Council was presented with three options as they relate to requirements for proper
backflow protection for the Town's residential wells: reduced pressure zone (RPZ)
valves, air gaps, or a combination of both. Council determined that wells with existing air
gaps will be allowed to keep them; however, those without any backflow prevention will
be required to install RPZs. Town staff will present an ordinance for Council's
consideration at a future meeting.
16. Adjourn.
The meeting was adjourned at 9:42 p.m. on Tuesday, June 28, 2016.
These minutes approved on the 12th day of July, 2016.
APPROVED:
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ATTEST --
Roby; Battle, T
Ray Smit Mayor
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