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08.22.2017 Town Council MinutesISPER MINUTES Meeting of the Prosper Town Council OWN OF Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, August 22, 2017 Prosper is a place where everyone matters. 1. 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 Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Jeff Hodges 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 Steve Glass, Deputy Director of Engineering Services Dudley Raymond, Parks and Recreation Director Kelly Neal, Finance Director Kelly Vanaman, Utility Billing Administrator Gary McHone, Assistant Fire Chief Ronnie Tucker, Fire Chief Stuart Blasingame, Assistant Fire Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Jim Lugar of Life Journey Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas flag were recited. 3. Announcements of recent and upcoming events. Councilmember Hodges read the following announcements: Registration is open for several Parks & Recreation Programs including Archery, Soccer, Tennis, Softball, and much more. Visit www.prosperparksandrec.org for more information, and to register. Several local youth sports leagues are also open for registration. Residents are reminded that School Year Hours at the Library have begun. The Library is open from 4:00-8:30 p.m. Monday through Thursday, 10:00 a.m.-5:00 p.m. on Saturday, Page 1 of 9 and noon-5:00 p.m. on Sunday. Fall Story Time information will be available on the Town website soon. Make plans to attend the 611 Annual Town of Prosper Community Picnic on Saturday, September 9, from 4:00-7:00 p.m. in Frontier Park. Bethlehem Place will collect nonperishable food as part of their "Hunger Is No Picnic" food drive. Free hot dogs will be served by members of the Town Council, courtesy of Lighthouse Christian Fellowship Church, and the Prosper Ladies Association will provide dessert. Families are encouraged to bring lawn chairs, blankets, and picnic supplies to this annual community event. The Town Council would like to recognize Fire Chief Ronnie Tucker, who will retire at the end of this month following a career of over 40 years in Fire Service, and 21 years of service to the Prosper Fire Department. Chief Tucker will celebrate his retirement on August 31, from 11:00 a.m.-1:00 p.m. at Lighthouse Christian Fellowship Church. Thank you for your service, Chief Tucker. Councilmember Hodges announced the Prosper High School Volleyball Team is currently second in the state among 5A teams. 4. Presentations. • Presentation by the Town's Emergency Management Coordinator on the Town's "Storm Ready" Certification. (KB) �- Chief Ronnie Tucker introduced Eric Martello with the National Weather Service who presented a sign and certificate designating the Town of Prosper as a "Storm Ready" community. 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 meeting. (RB) • Regular Meeting — August 8, 2017 Councilmember Dugger removed Item 5b from the Consent Agenda. Councilmember Dugger made a motion and Councilmember Hodges seconded the motion to approve Item 5a on the Consent Agenda. The motion was approved by a vote of 7-0. 5b. Consider and act upon an ordinance for a Special Purpose Sign District for Prosper Town Center, located on the northeast corner of Preston Road and First Street. (MD17-0005). (AG) John Harris, the applicant, requested to submit revised Exhibits to the ordinance indicating the placement of a monument sign at the Tribute Memory Care facility as well as a monument sign on Hays Road, and updated sign elevations. Page 2 of 9 Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 17-58 for a Special Purpose Sign District for Prosper Town Center, to include the revised Exhibits. The motion was approved by a vote of 7-0. ;-- 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. 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 HEARING: 7. Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding temporary buildings. (Z17-0007). (JW) Development Services Director John Webb presented this item before the Town Council. The Zoning Ordinance permits public schools, public agencies, and churches the process for applying for temporary buildings with the condition that the buildings be permitted for three (3) years and a maximum one-year extension. Upon advice of the Town Attorney, staff is recommending the standards be amended to remove the time limit for public schools and public agencies. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Mayor Pro -Tern Vogelsang made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 17-62 amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding temporary buildings, by removing the time limit for public schools and public agencies. The motion was approved by a vote of 6-1, with Councilmember Korbuly casting the opposing vote. 8. Conduct a Public Hearing to consider and discuss the FY 2017-2018 Budget, as proposed. (KN) 9. Conduct a Public Hearing to consider and discuss a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 8.45 percent. (KN) Page 3 of 9 10. Conduct a Public Hearing to consider and discuss proposed Water and Wastewater utility rate structure. (KN) 11. Conduct a Public Hearing to consider and discuss an amendment to the Town's Municipal Drainage Utility System Fee Schedule. (HW) Mayor Smith opened Items 8, 9, 10 and 11 concurrently. Finance Director Kelly Neal presented information on the Proposed FY 2017-2018 Budget. She reviewed the Capital Improvement Plan (CIP), including recently completed projects, and projects that are scheduled for implementation over the next five to ten years. Ms. Neal discussed population projections and the effect on residential development and the increase in building permits and demand for services. This leads to increased demand for staff, capital projects which require more capital debt and an increase in annual debt service. These combined factors require more property tax revenue in order to support an expanded tax base, otherwise known as the high growth dynamic. The Proposed Budget contains no tax rate increase; however, in does include increased revenue estimates due to increased property valuations and new growth to the tax roll. The Proposed Budget also reflects increased service levels to the Town, increased infrastructure needs, and increased sales tax estimates. The focus for this year's Proposed Budget is Streets and Infrastructure, Utility Infrastructure and Rate Increases, Program and Staffing Levels, and Parks Operations and Public Works Facilities. The budget is comprised of a base budget and supplemental requests. Ms. Neal provided an overview of the Town's various fund revenues and appropriations, the proposed new positions, and some of the major program enhancements. She reviewed the Town's taxable values, the property tax rate history, and the tax rate comparison related to surrounding cities and towns. She also provided a breakdown of the effect of the proposed tax rate, effective tax rate, and rollback tax rate on the average homeowner. After a review of the Water & Sewer Fund revenue and appropriations, Ms. Neal provided an overview of long-term issues for the Town such as the need to plan for new facilities, and infrastructure needs. The Proposed Budget includes an increase to water and sewer rates for residential and commercial customers, which were last updated in 2012. She reviewed consumption and cost projections that necessitate the need for a rate increase, which would be phased in over the next three years, and the water and sewer capital projects that will be constructed over the next ten years to meet the needs of the Town. Hulon Webb, Executive Director of Development and Community Services, continued the presentation with information about proposed changes to drainage rates, which were last updated in 2010, and proposed drainage projects that are scheduled over the next ten years. He provided an update on the Capital Improvement Plan, including streets, parks, facilities, water, wastewater, and drainage projects. Ms. Neal returned to the podium and discussed the debt service projections related to the five-year Capital Improvement Plan. She informed the Town Council of key dates in the budget process, including the date of the second Public Hearing, and when the budget, tax rate, and proposed rate and fee changes are scheduled to be adopted. Mayor Smith opened the Public Hearings for Items 8, 9, 10, and 11 concurrently, and read the following statement related to Item 9: Page 4 of 9 This is the first of two public hearings to discuss the FY 2017-2018 proposed tax rate. The second Public Hearing will be held on September 5, 2017, at 5:30 p.m., at the Prosper Municipal Chambers, located at 108 W. Broadway, Prosper, Texas. The Town Council will vote on both the FY 2017-2018 Proposed Budget and the proposed tax rate at a meeting scheduled on September 12, 2017, at 6:00 p.m., located at the Town of Prosper Municipal Chambers at 108 W. Broadway, Prosper TX. Once the Public Hearing is opened, the public is encouraged to express their views. Rick Basher, 4580 Crossvine Drive, Prosper, spoke regarding the road conditions in Windsong Ranch. He asked for additional funds to be added in the Proposed Budget. Carl Ackermann, 4441 Crossvine Drive, Prosper, spoke regarding the road conditions in Windsong Ranch. He questioned the proposed phases of the project, and encouraged the Council to take a proactive approach to finding a solutution. Mark Franklin, 4501 Desert Willow Drive, Prosper, spoke regarding the road conditions in Windsong Ranch. He questioned when the proposed funds will be allocated, noting that the deteriorating road conditions affect the perception of the quality of Windsong Ranch for new residents. Town Manager Harlan Jefferson clarified the funding and proposed phases for improving the roads in Windsong Ranch. He stated that the funds approved by the Town Council on August 8, 2017, were allocated from the FY 2016-2017 budget, and will be set aside in the Town's capital fund, since the money will not actually be spent until FY 2017-2018. Lauren Vega, 4541 Crossvine Drive, Prosper, spoke regarding the road conditions in Windsong Ranch. She noted that Windsong Ranch is competing with Hollyhock in Frisco for new residents. She asked for an additional $2.5 million to be allocated to repair the roads. Jeremy Painkin, 4520 Acacia Parkway, Prosper, spoke regarding the road conditions in Windsong Ranch. He asked the Council to put together a multi -street, multi -year plan to repair the roads, while remaining fiscally responsible. Jeff Donald, 4711 Crossvine Drive, Prosper, spoke regarding the road conditions in Windsong Ranch. He asked the Council to prepare a long-term solution for the entire area. Marcel Dalby, 4531 Desert Willow Drive, Prosper, thanked Mr. Jefferson and Mr. Webb for their attendance at a recent meeting of the residents of Windsong Ranch. He noted that three to four years is not a reasonable time frame to wait for the roads to be repaired, and that poor roads may affect the resale value of his home. James Stout, 4721 Crossvine Drive, Prosper, spoke regarding the road conditions in Windsong Ranch. He expressed concern with the timing of the proposed phases and encouraged the Council to follow through with improvements. He asked for an additional $2.5-$2.7 million in the FY 2017-2018 budget, noting that there are funds available for this expense in the Town's rainy day fund. Christina Ball, a resident of Windsong Ranch, spoke regarding the road conditions in Windsong Ranch. She expressed concern with the safety issue the poor roads are Page 5 of 9 creating, and asked the Council to be proactive by allocating additional funds in the budget to repair the roads. With no one else speaking, Mayor Smith closed the Public Hearings for Items 8, 9, 10, and 11. Town Attorney Terrence Welch stated that all preparations are complete to move forward with the Town's lawsuit regarding the road failures. Hulon Webb provided the Council with an updated on the proposed phases to repair the roads in Windsong Ranch. Phase 1 will begin in January 2018 to repair Acacia Road. Phase 2 will begin around June of 2018 to complete a second area within Windsong Ranch at a cost of approximately $1.1 million. Funds to complete Phase 3 should be allocated in the FY 2018-2019 budget, with construction to begin around January 2019, to complete the remaining repairs. The repairs will be scheduled so as not to occur during the holiday seasons in November and December. Mr. Webb was asked what the Town has done to prevent similar situations in the future. He responded that the Town has determined that neither the utility contractor nor the soil testing company performed adequately on the project. To protect the Town's interests in the future, the Town has increased its bonding requirements from ten percent to one hundred percent, putting additional liability on the contractor for faulty performance. The Town already requires developers to utilize ground -penetrating radar to detect potential voids in the ground before the Town approves final acceptance of the road. The Town will now also conduct a second ground -penetrating radar study before the project's maintenance bond expires, since problems can sometimes after final acceptance, due to moisture and settling. Mr. Jefferson stated that the developers of Windsong Ranch have made a substantial investment in an attempt to correct the road condition problems. Steps were taken early on when problems were first identified, it became apparent as time went on that the problem was pervasive and would require a long-term solution. No further action was taken on Items 8, 9, 10, and 11. DEPARTMENT ITEM: 12. Consider and act upon a request for a Variance to the Subdivision Ordinance regarding thoroughfare screening, for Parkside, located on the west side of Coit Road, 1,500± feet south of Prosper Trail. (V17-0006). (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 40-foot landscape buffer. The Variance would allow for an overhead power line, located within the Coit Road right-of-way, to be buried in the Parkside HOA lot. The applicant opted to bury the electric lines; however, Oncor Electric has indicated that they would not bury the power line within the Town's right-of-way. The proposed easement is approximately 600 feet in length, located on either side of the main entry drive. The Parkside subdivision has approximately 1,700± feet of frontage along Coit Road, so the easement is only for a portion of the overall frontage, which will allow for a more aesthetic entry. All required Landscaping will be provided in accordance with Town standards. Responding to a question from the Town Council, Hulon Webb responded that if a developer asked to put utility poles in the right-of-way at a later date, the Town would be obligated to approve the request. Page 6 of 9 Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the motion to approve a request for a Variance to the Subdivision Ordinance regarding thoroughfare screening, for Parkside, located on the west side of Coit Road, 1,500t feet south of Prosper Trail. The motion was approved by a vote of 7-0. 13. Consider and act upon an ordinance amending Article 13.08 "Right -of -Way Management" of Chapter 13 "Utilities" the Town's Code of Ordinances, by establishing regulations related to network providers. (AG) Senior Planner Alex Glushko presented this item before the Town Council. Senate Bill 1004, which was adopted by the Texas Legislature in the recent legislative session, grants wireless service providers access to public right-of-way for the placement of equipment on municipal service poles. The use of small cell networks are expected to be more numerous than traditional cell towers, since they may be placed on traffic signal poles, street signs, or street light poles. The legislation allows municipalities to regulate these small cell networks through zoning and permitting processes to limit the location of equipment in residential areas and public parks. Town staff has prepared a design manual that includes guidelines and requirements for the placement of small cell networks. Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to approve Ordinance No. 17-63 amending Article 13.08 "Right -of -Way Management" of Chapter 13 "Utilities" the Town's Code of Ordinances, by establishing regulations related to network providers. The motion was approved by a vote of 7-0. 14. Discussion on proposed Five -Year Capital Improvement Plan. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Town staff has prepared the Five -Year Capital Improvement Plan for consideration as part of the upcoming adoption of the FY 2017- 2018 Proposed Capital Improvement Program by the Town Council on September 12, 2017. This program includes budgeted capital projects for the 2017-2018 fiscal year and major planned capital projects to 2027. Mr. Webb reviewed the most notable street, traffic, parks, facility, water, wastewater, and drainage projects for FY 2017-2018. The Town Council requested Town staff to provide funding options for road repairs in Windsong Ranch. Finance Director Kelly Neal discussed some items in the FY 2017- 2018 Proposed budget that could be delayed in order to redirect funding toward road repairs in Windsong Ranch: 1) delay the right-of-way land acquisition for the First Street Widening Project; 2) delay the Prosper Trail (Colt Road -Custer Road) street project; 3) utilize proceeds from the pending bond lawsuit; 4) utilize the Town's fund balance reserves; or 5) eliminate other discretionary packages from the FY 2017-2018 proposed budget. Ms. Neal noted that per Town policy, the Town's fund balance must remain at a minimum of 25%. She also stated that a significant reduction in the Town's fund balance could have an effect on the Town's bond rating. Additional information on the proposed funding options will be provided to the Town Council via email. Parks and Recreation Director Dudley Raymond continued the presentation with a discussion of the future growth of the Town's youth sports programs. The current policy of allowing the boundaries of the youth sports programs to extend beyond the Town's boundaries will have an effect on future field space needs. Page 7 of 9 15. 16. 17. No further action was taken on this item. Discussion on proposed Health Permit Fees. (JW) Development Services Director John Webb presented this item before the Town Council. Town staff is recommending the Town's health -related permit fees for convenience stores, day cares, and the fees for food establishment plan review be updated to be consistent with the average of the Town's survey cities. The fees were last updated in 2005. The proposed amendment to the Town's food establishment ordinance will also be updated to reflect current state law, and the fees will be migrated to the Town's Fee Schedule. The proposed fees will be brought forward for Council consideration at the September 12, 2017, Town Council meeting. No further action was taken on this item. Discussion on proposed Public Works Fees. (FJ) Deputy Director of Engineering Steve Glass presented this item before the Town Council. Town staff is recommending the Town's Public Works fees be updated to reflect current costs for service. The fees were last updated in 2011. The new fee structure will provide for the restructuring of some fees, allowing services that are provided concurrently to be bundled into on service charge, which better reflects the actual work performed. The proposed fees will be brought forward for Council consideration at the September 12, 2017, Town Council meeting. No further action was taken on this item. 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: 17a. Section 551.087 — To discuss and consider economic development incentives. 17b. 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. 17c. Section 551.071 — Consultation with the Town Attorney regarding possible litigation regarding bond issues, and possible litigation regarding substandard structures, and all matters incidents and related thereto. 17d. Section 551.074 —To discuss and consider personnel matters and all matters incident and related thereto. 17e. 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 8:33 p.m. Page 8 of 9 t 18. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 10:45 p.m. Councilmember Miller made a motion and Mayor Pro-Tem Vogelsang seconded the motion to authorize the Town Manager to modify the personnel policies to reflect the correct accruals as discussed in closed session, to be effectively immediately. The motion was approved by a vote of 6-1, with Councilmember Dugger casting the opposing vote. 19. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Rogers Middle School Study Update (SG) Steve Glass provided an update to the Town Council on the school zone located near Rogers Middle School. The Town and Prosper ISD continue to encourage students to use the safest route to school. The Town's engineering study indicates that extending the school zone north of its current location would not improve the safety of the zone, and could, in fact, reduce motorists' compliance with the speed limit. Prosper ISD is in agreement that an extension of the zone is not warranted, and as a result, would not provide a crossing guard at an additional location. The Town Council agreed to leave the school zone as it is. 20. Adjourn. The meeting was adjourned at 11:01 p.m., on Tuesday, August 22, 2017. `IIIII/0 These minu®pq%W6pv-A e 12th day of September, 2017. �� o ••. A <s APPROVED: Ray Smith, Mayor i .• .� ••'••......••' • ATTEST: '�O�ei//� EXAS ►e%�®��` Page 9 of 9