05.09.2017 Town Council Minutes1.
2.
3
IOWN OF
PER
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 Curry Vogelsang, Jr.
Deputy Mayor Pro -Tern Jason Dixon
Councilmember Michael Korbuly
Councilmember Meigs Miller
Councilmember Mike Davis
Council Members Absent:
Councilmember Kenneth Dugger
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, May 9, 2017
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Terrence Welch, Town Attorney
John Webb, Development Services Director
Alex Glushko, Senior Planner
Steve Glass, Deputy Director of Engineering Services
Dan Heischman, Senior Engineer
Paul Naughton, Landscape Architect
Kelly Neal, Finance Director
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.
A local boy scout joined Mayor Smith in leading the Pledge of Allegiance and the Pledge
to the Texas flag.
Announcements of recent and upcoming events.
Mayor Pro-Tem Vogelsang read the following announcements:
The Prosper Police Department will hold its annual Community Safety Initiative (CSI)
Event on Saturday, May 13, from 11:00 a.m.-3:00 p.m. at Frontier Park. The CSI event
kicks off National Police Week, and will showcase various community safety programs
and services available to Prosper residents. Police and Fire equipment, vehicles, and
apparatus will be on display, and music, games and giveaways are part of this free event.
Page 1 of 9
This year's CSI event will include a graduation ceremony for the latest Citizens Police
Academy class. The Town Council would like to congratulate all of the participants.
The Fire Department's Fill the Boot Campaign will take place May 24-26 to raise money
for the Muscular Dystrophy Association. Firefighters will be at various intersections
around town seeking donations from motorists who are completely stopped at
intersections.
The Prosper Community Library is gearing up for a Summer of Science. The Summer
Kick -Off Event will take place on June 10 from 11:00 a.m.-1:00 p.m. The Library will host
a variety of programs all summer long for kids of all ages. Summer hours for the Library
begin on June 10.
Registration is now open for Parks & Recreation summer programs. Tennis, soccer, and
archery camps are available as well as several Bricks4Kids and Engineering camps. Sign
up at www,prosperparksandrec.org.
4. Presentations/Proclamations
• Presentation of a check to Rogers Middle School as the top participating school
in the It's Time Texas Community Challenge. (JS)
Mayor Smith presented a check for $1,800 to Todd Shirley, Principal of Rogers Middle
School.
■ Presentation of Certificates of Appreciation to Anytime Fitness, PAC Fitness,
Pinnacle Performance Center, and Texas Health Neighborhood Care & Wellness
for their support and participation in the Its Time Texas Community Challenge
(is).
Representatives from Texas Health Neighborhood Care and Wellness, and PAC
Fitness were present to receive Certificates of Appreciation.
S. 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 meeting.
(RB)
■ Regular Meeting —April 25, 2017
5b. Receive the March 2017 Financial Report. (KN)
5c. Receive the Quarterly Investment Report. (KN)
5d. Consider and act upon Ordinance No. 17-35 repealing existing Article 8.04,
"Curfew for Minors," of Chapter 8, "Offenses and Nuisances," of the Code of
Ordinances and replacing it with a new Article 8.04, "Curfew for Minors."
(DK)
Page 2 of 9
Deputy Mayor Pro-Tem Dixon 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.
Angela Loertcher, 791 Twin Buttes Drive, Prosper, spoke regarding speed limits and
crosswalks near Rogers Elementary. She questioned the process for designating
crossing guards near the campus.
Sandra Aldridge, 631 Lost Creek Drive, Prosper, spoke regarding speed limits near
Rogers Elementary. Her son was recently struck by a motorist outside the school zone
near the school. She asked the Council to extend the school zone north of Rogers, and
install an additional crosswalk near the apartment complex.
Michael Poitevint, 720 Livingston Drive, Prosper, spoke about the recent increases to the
speed limits in Town. He encouraged the Town to consider lowering the speed limit to 35
mph on La Cima, and conducting a speed study, given the amenities in the neighborhood
that are geared toward children and families.
Jennifer Chapman, 821 Arrowhead Drive, Prosper, spoke in support of Sandra Aldridge's
comments, noting that her son would attend Rogers next year. She requested the Town
consider lowering the speed limit on La Cima to 35 mph.
Heidi Cushing, 1121 Monticello Drive, Prosper, spoke in favor of lowering the speed limit
on La Cima to 35 mph.
George Dupont, 1400 Harvest Ridge Drive Prosper, addressed the Council about the
recent election, noting that voter turnout was around 6.5% town -wide. He expressed his
thanks to the Council for their service.
Gina Hema, 2101 Nocona, Prosper, spoke in favor of lowering the speed limit on La Cima
to 35 mph.
Jenni Peterson, 760 Coleto Creek, Prosper, supported the comments of the other
speakers regarding speed limits.
John Aldridge, 631 Lost Creek Drive, Prosper, encouraged the Council to consider
extending the school zone at Rogers Elementary 300 yards north.
Councilmember Korbuly addressed the audience, stating that he appreciated everyone
who spoke, and encouraged everyone to work together to find solutions.
Mayor Smith expressed his appreciation to the residents in attendance, and stated that
the Council would discuss the issue further during Item 16 of the agenda.
Page 3 of 9
Town Manager Harlan Jefferson addressed the Council and the audience, stating that
after conversations with several Councilmembers, he will direct Town staff to take several
initiatives to improve safety on Coit road and La Cima Boulevard. Lee Engineering has
been hired to evaluate the Rogers Middle School school zone. Town staff will remove the
gate near the lake, and also install the missing section of sidewalk on the west side of
Coit. Additional crosswalk striping will be added at the entrance to the apartment complex.
The speed limit on La Cima will also be evaluated, including a possible speed study, and
the Town will consider extending the time of the speed zone on La Cima.
Deputy Mayor Pro-Tem Dixon encouraged the residents to express their concerns to the
School Board at their next meeting.
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. Conduct a Public Hearing, and consider and act upon a request to amend Planned
Development-66 (PD-66), on 902.6± acres, in order to modify the residential
architectural requirements, generally located south of Prosper Trail, north of First
Street, west of Dallas Parkway and east of Legacy Drive. (Z17-0003). (AG)
Alex Glushko, Senior Planner, presented this item before the Town Council. The purpose
of the proposed PD amendment is to modify the architectural requirements for the Star
Trail subdivision, specifically regarding roof pitch, garage, and fence requirements. Mr.
Glushko reviewed the details of the request.
Mayor Smith opened the Public Hearing.
Dena Devoto of Blue Star Land provided additional details about the request, noting that
the request will clarify specific details of the PD to be in accordance with the original intent
of the development.
Scott Shipp of Blue Star Land also stated that the request regarding fencing requirements
will clarify unanticipated elements that have been encountered in the PD.
Mayor Smith closed the Public Hearing.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the
motion to approve the request to amend Planned Development-66 (PD-66), on 902.6±
acres, in order to modify the residential architectural requirements, generally located south
of Prosper Trail, north of First Street, west of Dallas Parkway and east of Legacy Drive.
The motion was approved by a vote of 6-0.
Page 4 of 9
8. Conduct a Public Hearing, and consider and act upon a request to amend Chapter
3, Permitted Uses and Definitions, and Chapter 4, Development Requirements, of
the Zoning Ordinance regarding Accessory Structures, Accessory Buildings, Guest
Houses and Garage Apartments. (Z16-0014). (JW)
Development Services Director John Webb presented this item before the Town Council.
Recent developments of accessory structures and guest houses have warranted the need
to review the standards of these uses to ensure the structures do not have a negative
impact on adjacent residential properties. In addition, staff has received requests to
reduce the required rear yard setback on single family lots to accommodate attached
accessory structures such as patio covers. The Town Council received briefings on this
case on January 24, 2017, and April 11, 2017. Mr. Webb reviewed the details of the
proposed ordinance. The Council specifically discussed the requirements for attached
and structures, which are currently allowed as long as they do not encroach on the 25-
foot rear setback.
Mayor Smith opened the Public Hearing.
George Dupont, 1400 Harvest Ridge Drive, Prosper, spoke in favor of the proposed
ordinance.
Mayor Smith closed the Public Hearing.
After discussion, Mayor Pro -Tern Vogelsang made a motion and Deputy Mayor Pro-Tem
Dixon seconded the motion to approve the proposed amendments to Chapters 3 and 4 of
the Zoning Ordinance regarding guest houses, garage apartments and attached
accessory structures. The motion was approved by a vote of 5-1, with Councilmember
Korbuly casting the opposing vote.
9. Conduct a Public Hearing, and receive comments on the proposed Subdivision
Ordinance. (JW)
Development Services Director John Webb presented this item before the Town Council.
Town staff retained the professional services of Freese & Nichols to prepare a
comprehensive rewrite of the current Subdivision Ordinance. While there has been
several amendments to the current Subdivision Ordinance, the document originally
adopted in 2003, is outdated, and is not an effective tool in ensuring the proper platting
and development of vacant land. Town staff solicited input from the Prosper Developers
Council to develop the proposed standards. Mr. Webb reviewed the details of the
proposed ordinance, especially as is related to retaining walls. He recommended that if
maintenance of retaining walls was to continue to be the responsibility of individual
homeowners, the Town should improve standards to better prevent the walls from failing
in the future.
Mayor Smith opened the Public Hearing.
David Blom, 2242 Good Hope Road, Prosper, spoke on behalf of Terra Verde Group, and
the Prosper Developers Council. He praised the Town staff for leading the group through
a very constructive, positive process in developing the new ordinance.
Page 5 of 9
George Dupont, 1400 Harvest Ridge Lane, Prosper, confirmed that many elements of the
proposed ordinance are in conformance with the Visioning Committee.
Mayor Smith closed the Public Hearing.
Responding to a question from Council, Mr. Webb stated that developers will typically
assign maintenance responsibility to HOAs after a certain percentage of lots have been
sold. He added that quality plans, a good plan review process, and thorough inspections
are important to ensure the long-term viability of retaining walls. Town staff will bring back
a proposed ordinance for Council to consider at a future meeting. No further action was
taken.
10. Conduct a Public Hearing, and receive comments on the proposed Drainage Design
Standards (SG)
Steve Glass, Deputy Director of Engineering, introduced Senior Engineer Dan Heischman,
who presented this item before the Town Council. Town staff has reviewed current
policies regarding drainage, and has developed a new set of Drainage Design Standards
to be used in the design and construction of infrastructure within the Town and its Extra -
Territorial Jurisdiction (ETJ).
The process of developing the standards included reviewing existing practices and
requirements, surveying neighboring communities regarding their best available
technology and practices, and ensuring the proposed requirements are consistent with
standard practice for municipalities in this area. A draft of the proposed standards was
provided to the development and engineering community via the Prosper Developers
Council. Mr. Heischman reviewed major amendments and additions to the proposed
standards.
Mayor Smith opened the Public Hearing.
George Dupont, 1400 Harvest Ridge Drive, Prosper, spoke in support of the proposed
standards.
Mayor Smith closed the Public Hearing.
No further action was taken.
DEPARTMENT ITEMS:
11. Consider and take action on a resolution directing publication of notice of intention
to issue Combination Tax and Surplus Revenue Certificates of Obligation for the
purpose of funding costs of multi -purpose municipal facilities, parks, and storm
drainage utility projects in the Town. (KN)
Finance Director Kelly Neal introduced Jason Hughes of First Southwest, the Town's
Financial Advisor, who presented this item before the Town Council. The proposed
resolution initiates the process of issuing Certificates of Obligation. The principal amount
of the bonds issued are not to exceed $12,800,000 as stated in the proposed resolution
Page 6 of 9
and notice of intent. Mr. Hughes confirmed the issuance of the Certificates of Obligation
will not affect the Town's bond rating.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the
motion to approve Resolution No. 17-36 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 6-0.
12. Consider and act upon a request for a Variance to the Subdivision Ordinance
regarding thoroughfare screening, for Star Trail, located on the southwest corner
of Prosper Trail and Stargazer Way. (V17-0003). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. The applicant
is requesting a variance to allow a proposed 10-foot electric utility easement to encroach
within the required 25-foot landscape buffer. The variance would allow an existing
overhead power line, located within the Prosper Trail right-of-way, to be buried in the Star
Trail HOA lot. All required landscaping will be provided in accordance with Town
standards; however, the small trees and portions of the sidewalk will be located within the
10-foot electric utility easement, which is permitted by the easement holder.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the
motion to approve a request for a Variance to the Subdivision Ordinance regarding
thoroughfare screening, for Star Trail, located on the southwest corner of Prosper Trail
and Stargazer Way. The motion was approved by a vote of 6-0.
13. Consider and act upon awarding Bid No. 2017-30-B to Advanced Paving Co., related
to construction services for the reconstruction of Craig Road from Preston Road to
Rucker Elementary School; and authorizing the Town Manager to execute a
construction agreement for same. (FJ)
Steve Glass, Deputy Director of Engineering, presented this item before the Town Council.
The scope of the contract will replace the existing asphalt pavement on Craig Road with
a 6" cement treated base and install 3" of Type B and 2" of Type D Asphalt pavement.
The bid also includes supplementary repair work on selected driveways and pavement
markings.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Miller
seconded the motion to award Bid No. 2017-30-B to Advanced Paving Co., related to
construction services for the Craig Road Reconstruction from Preston Road to Rucker
Elementary School; and authorizing the Town Manager to execute a construction
agreement for same. The motion was approved by a vote of 6-0
4. Presentations/Proclamations
• Presentation of a Plaque of Appreciation to Councilmember Mike Davis. (RB)
Mayor Smith presented a Plaque of Appreciation to outgoing Councilmember Mike Davis.
Page 7 of 9
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 551.071 — Consultation with the Town Attorney regarding legal
issues associated with annexation and ETJ release agreements in Town ETJ
areas, development issues associated with areas subject to annexation
agreements and ETJ releases, and all matters incident and related thereto.
14d. Section 551.074 — To discuss appointments to the Board
of Adjustment/Construction Board of Appeals, Parks & Recreation Board,
Library Board, Prosper Economic Development Corporation Board, and
Planning & Zoning Commission.
The Town Council recessed into Executive Session at 8:22 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 9:26 p.m.
Councilmember Korbuly made a motion and Councilmember Miller seconded the motion
authorizing the Mayor to execute a License Agreement for the Veterans Memorial. The
motion was approved by a vote of 6-0.
16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discussion of Irving MOU re: Water Line Easement (PN)
Landscape Architect Paul Naughton reviewed the terms of a proposed Memorandum
of Understanding with the City of Irving related to landscaping on an existing water line
easement.
• Discussion of City -County Plat Approval Agreement (HJ)
Town Manager Harlan Jefferson and Town Attorney Terry Welch updated the Council
on a request from Collin County to amend an existing agreement related to plat
approvals and related permitting in the Town's ETJ. The Council requested to discuss
this item again at a future meeting.
Page 8 of 9
17
• Discussion of Collin County Bond Election Resolution (HJ)
Town Manager Harlan Jefferson updated
support of Collin County's bond election
discuss this item again at a future meeting.
the Council on a proposed resolution in
n November. The Council requested to
• Discussion of May 15 Election Canvass (RB)
Robyn Battle, Town Secretary/P1O, reminded the Council of the Special Meeting to
Canvass the May 6, 2017, election results on May 15, 2017.
• Discussion of Property Tax on Leased Vehicles (KN)
Finance Director Kelly Neal updated the Council on the revenue the Town received for
property tax on leased vehicles. The Council requested to discuss this item again at
a future meeting.
The Town Council directed staff to evaluate the following:
Speed limit on La Cima Boulevard
Extending the school zone on Coit Road
Evaluate the timing of the school zone on La Cima Boulevard
Adjourn.
The meeting was adjourned at 9:59 p.m., on Tuesday, May 9, 2017.
These minVJq%;vW
Aged on the 231 day of May, 2017.
.,�►%S� Of- PR0�S'f
A raj APPROVED:
.�
* Ray Smith, ayor
ATT
Robyn Brittle, Town Secretary
Page 9 of 9