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10.24.2017 Town Council Minutes1. 2. 3. ���� MINUTES Meeting of the Prosper Town Council TOWN OF Prosper Municipal Chambers 108 W. Broadway Street - SPER Prosper, TX 75078 Tuesday, October 24, 2017 Prosper is a place where everyone matters. Call to Order/Roll Call. The meeting was called to order 6:00 p.m. Council Members Present: Mayor Ray Smith Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Mayor Pro-Tem Curry Vogelsang, Jr. Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terry Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Senior Planner Dudley Raymond, Parks & Recreation Director Steve Glass, Deputy Director of Engineering Services Frank Jaromin, Public Works Director Kelly Neal, Finance Director January Cook, Purchasing Agent LaShon Ross, Interim Director of Human Resources Doug Kowalski, Police Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Ben Lacey of Prestonwood Baptist Church led the invocation. Webelo scouts from Pack 380 joined Mayor Smith in leading the Pledge of Allegiance and the Pledge to the Texas Flag. Announcements of recent and upcoming events. The Town Council would like to welcome the Webelos from Pack 380 to tonight's meeting, and their Den Leader, Brian Dennis. Thank you for being here tonight. The scouts are working on their Scouting and Country pin for their Arrow of Light Award. Early voting for the November 7 election will continue through November 3. Collin County voters may vote in Prosper Municipal Chambers during Early Voting, and at the PISD Administration Building on Election Day. Denton County voters may vote at any Denton Page 1 of 8 County polling location during Early Voting, and at Fire Station No. 2 on Election Day. More information is available on the Collin County and Denton County websites. The 6th Annual Cory Ausenbaugh Memorial 5K and 1 Mile Fun Run will be held on Saturday, October 28, at Windsong Ranch. Proceeds will benefit the Cory Ausenbaugh Memorial Scholarship Foundation for a deserving Prosper High School Senior who is pursuing a degree in education, and children of fallen firefighters, police officers, and teachers. Contact Fire Chief Stuart Blasingame for more information. The Prosper Police and Fire Departments will host a Drug Take -Back Event on Saturday, October 28th. Residents may drop off unused or unwanted prescription and over-the- counter drugs. The initiative provides a safe, responsible way for residents to help keep unused, expired, or unwanted drugs off the streets and out of our water supply. Deputy Mayor Pro -Tern Dixon announced that Town resident David Bristol will be honored with Congressman Sam Johnson's Congressional Veterans Commendation Award on Saturday, October 28. He thanked Councilmember Dugger for nominating Mr. Bristol for the award. 4. Presentations. Presentation of a Proclamation to members of the Prosper Police Department declaring October 23-31, 2017, as Red Ribbon Week, in support of community efforts to raise awareness and prevent substance abuse. (DK) Police Chief Doug Kowalski received the Proclamation. • Presentation of the National Procurement Institute's Achievement of Excellence in Procurement Award to members of the Town of Prosper Finance Department. (KN) Purchasing Agent January Cook received 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.) 5b. Consider and act upon cancelling the December 26, 2017, Regular Town Council meeting. (RB) 5c. Consider and act upon Resolution No. 17-77 accepting and approving the 2017 Tax Roll. (KN) 5d. Consider and act upon approving the purchase of three trucks for the Public Works Division, one truck for the Code Compliance Division, and one truck for the Parks Operations Division, from Caldwell Country Chevrolet, through the Texas Local Government Purchasing Cooperative; and one cab and chassis with a flatbed for the Public Works Division, from Chastang Ford, through the Houston -Galveston Area Council (HGAC) Cooperative Purchasing Program. (JC) Page 2 of 8 5e. Consider and act upon approving the purchase of three police pursuit rated sport utility vehicles for the Police Department, and one special service rated sport utility vehicle for the Fire Department, from Holiday Chevrolet, through a Tarrant County contract. (JC) 5f, Consider and act upon approving the purchase of one Vac -Truck for the Public Works Division, from Freightliner of Austin, through the Texas Local Government Purchasing Cooperative; and authorizing the Town Manager to execute the manufacturer's proposal for the same. (FJ) 5g. Consider and act upon approving the purchase of one dump truck for the Public Works Division, from Rush Truck Centers of Texas, L.P., through the Houston -Galveston Area Council (HGAC) Cooperative Purchasing Program. (FJ) 5h. Consider and act upon approving the purchase of the ProQA software program, for Police Dispatch, from Priority Dispatch Corp., a sole source provider. (DK) 5j. Consider and act upon authorizing the Town Manager to execute an Intergovernmental Joint Use Agreement between Prosper Independent School District and the Town of Prosper, Texas, related to shared parking on the Frontier Park and the PISD Stadium/Natatorium properties. (DR) 5k. 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 Miller removed Item 5a from the Consent Agenda. Councilmember Hodges removed Item 5i from the Consent Agenda, Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 6-0. 5a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting — October 10, 2017 Councilmember Miller asked the Town Attorney to clarify a provision in the motion for Item 7 on the October 10, 2017, Town Council agenda related to a request for a Planned Development for a food truck park and outdoor entertainment venue. After discussion, Councilmember Miller made a motion and Councilmember Korbuly seconded the motion to approve Item 5a. The motion was approved by a vote of 6-0. Page 3 of 8 5i. Consider and act upon Ordinance No. 17-78 rezoning 47.9± acres from Agriculture (A) to Planned Development (PD), for a Prosper ISD (PISD) athletic complex with a multi -sport stadium and a natatorium, located on the south side of Frontier Parkway, 460+ feet west of the Burlington Northern - Santa Fe Railroad (BNSF) right-of-way. (Z17-0008). (AG) Parks and Recreation Director Dudley Raymond provided clarification on the terms of the shared parking agreement. After discussion, Councilmember Hodges made a motion and Councilmember Miller seconded the motion to approve Item 5i. 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. EGULAR 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 Ordinance No. 17-79 for a Special Purpose Sign District for Stone Creek Office Park, located on the west side of Preston Road, 400± feet north of Broadway Street. (MD17-0006). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The applicant is requesting a Special Purpose Sign District (SPSD) to allow Unified development signs and monument signs to encroach the minimum distance separation requirements, have increased signage areas, encroach the minimum property line setback requirements, have modified sign text placement. The applicant is also proposing a third unified development sign, to be located between the two existing unified development signs on Preston Road. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Deputy Mayor Pro -Tern Dixon made a motion and Councilmember Dugger seconded the motion to approve a request for a Special Purpose Sign District for Stone Creek Office Park. The motion was approved by a vote of 6-0. Page 4 of 8 DEPARTMENT ITEMS: 8. Consider and act upon awarding Bid No. 2018-04-B to Reytech Services, LLC., related to construction services for the Prosper Road Improvement Project 2018 (Windsong Ranch Phase 1 & 2 Acacia Parkway and Miscellaneous Roads) project; and authorizing the Town Manager to execute a construction agreement for same. (SG) Steve Glass, Deputy Director of Engineering, presented this item before the Town Council. The Town received eight bids for the project. This scope of the contract includes removing and replacing three feet of existing subbase with three feet of flex base gravel, twelve feet wide, centered over the wastewater line, and replacing the existing concrete paving. Councilmember Korbuly made a motion and Councilmember Dugger seconded the motion to award Bid No. 2018-04-B to Reytech Services, LLC., related to construction services for the Prosper Road Improvement Project 2018 (Windsong Ranch Phase 1 & 2 Acacia Parkway and Miscellaneous Roads) project; and authorize the Town Manager to execute a construction agreement for same. The motion was approved by a vote of 6-0. 9. Consider and act upon awarding Bid No. 2018-11-B to Roadway Solutions, Inc., related to construction services for the Traffic Signal-Coit Road & Prosper Trail project; and authorizing the Town Manager to execute a construction agreement for same. (SG) Steve Glass, Deputy Director of Engineering, presented this item before the Town Council. The Town received three bids for the project. The scope of this contract includes furnishing all labor, equipment, and materiasl and performing all work necessary for construction of one permanent traffic signal system at the intersection of Coit Road and Prosper Trail. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to award Bid No. 2018-11-B to Roadway Solutions, Inc., related to construction services for the Traffic Signal -Colt Road & Prosper Trail project; and authorize the Town Manager to execute a construction agreement for same. The motion was approved by a vote of 6- 0. 10. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Kimley-Horn and Associates, Inc., and the Town of Prosper, Texas, related to the design of the Old Town Streets 2015 (Fifth, McKinley) project. (SG) Steve Glass, Deputy Director of Engineering, presented this item before the Town Council. The scope of this contract includes: the design of a two-lane concrete section for McKinley Street from First Street to Fifth Street, with preliminary design for parallel parking on both sides of the street, and the design of a two-lane section on Fifth Street from the railroad right-of-way to Coleman Street with no preliminary plans for parking at this time. The design will also include a storm drain system under McKinley Street and a 12-inch water line along McKinley Street and Fifth Street. The Council inquired about the claim process if the road should fail, and the Town Attorney responded that it would depend on which entity was responsible for the failure. The proposed contract is for design of the project, which only requires professional liability insurance instead of a bond. Page 5 of 8 After discussion, Councilmember Hodges made a motion and Councilmember Dugger seconded the motion to authorize the Town Manager to execute a Professional Engineering Services Agreement between Kimley-Horn and Associates, Inc., and the Town of Prosper, Texas, related to the design of the Old Town Streets 2015 (Fifth, McKinley) project. The motion was approved by a vote of 6-0. 11. Consider and act upon approving Change Order Number 03, to Dean Electric dba Dean Construction related to construction services for Frontier Park North Field Improvements; and authorize the Town Manager to execute Change Order Number 03 for same. (DR) Parks and Recreation Director Dudley Raymond presented this item before the Town Council. The Frontier Park North project is nearing completion, and funds are available from unallocated contingency money which could be utilized to incorporate additional items back into the project. Town staff recommended two items for consideration: additional playground equipment and a playground shade structure. At Council's request, Mr. Raymond reviewed the list of items that had originally been removed from the project, as well as some items that were included as part of the Guaranteed Maximum Price. The Council discussed funding the scoreboards through possible sponsorships. Mr. Raymond replied that the Town does not currently have a policy on sponsorships for equipment of this type, but recommended Town staff bring the item back for discussion at a future meeting. After discussion, Councilmember Miller made a motion and Councilmember Korbuly seconded the motion to approve Change Order Number 03, to Dean Electric dba Dean Construction related to construction services for Frontier Park North Field Improvements; and authorize the Town Manager to execute Change Order Number 03 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. The Town Council recessed into Executive Session at 6:42 p.m. 13. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 7:28 p.m. No action was taken as a result of Executive Session. Page 6 of 8 14. 12 Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. ■ Discussion on Amendments to Tree Mitigation Requirements (DR) Parks & Recreation Director Dudley Raymond briefed the Council on proposed amendments to the Town's tree mitigation ordinance, including an incentive program for preserving existing trees. A proposed ordinance will be brought forward for Council consideration at a future meeting. • Gateway Monument Design Update (DR) Mr. Raymond briefed the Council on the updated design of the Town's Gateway Monument, including a review of the proposed materials. The Council approved of the proposed conceptual design, and directed staff to move forward with the design process. • Discussion on Amendments to the Food Establishment Ordinance (JW) Development Services Director John Webb briefed the Council on proposed amendments to the food establishment ordinance, which has not been updated since 2002. Town staff will bring forward a proposed ordinance for Council consideration at a future meeting. Town Manager Harlan Jefferson requested the Council to reconvene into Executive Session to discuss an additional 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: 12a. Section 551.087 — To discuss and consider economic development incentives. The Town Council recessed into Executive Session again at 7:38 p.m. The Town Council reconvened the Regular Session at 7:50 p.m. No action was taken as a result of Executive Session. Councilmember Hodges inquired about boating at Town Lake. Mr. Raymond stated that the Town's ordinance allows the Parks and Recreation Director discretion in this area. Signage will be updated at the lake notifying the public that canoeing and kayaking will be allowed at Town Lake. Councilmember Hodges inquired about the opening date for Walmart. Town staff responded that Walmart is delaying the opening of the store until the traffic light at Richland Boulevard and Preston Road is in place, which should happen by January 2018. Deputy Mayor Pro-Tem Dixon announced the Prosper High School Lacrosse and Theater Departments are sponsoring a haunted house. He suggested the Town consider assisting with the event next year. Page 7 of 8 15. Adjourn. The meeting was adjourned at 7:53 p.m., on Tuesday, October 24, 2017. These minutes approved on the 14th day of November, 2017. OF�P' o"* APPROVED: f_ Cis "• . *. fi :Ray Smith, Oayor a Page 8 of 8