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12.12.2017 Town Council Minutes1. 2. 3. ISPOER MINUTES Meeting of the Prosper Town Council OWN F Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, December 12, 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 Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Jeff Hodges Council Members Absent: Councilmember Meigs Miller 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, Planning Manager Steve Glass, Deputy Director of Engineering Services Dudley Raymond, Parks and Recreation Director Michael Bulla, CIP Project Manager Kelly Neal, Finance Director LaShon Ross, Interim Director of Human Resources Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Steve Smotherman led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. Announcements of recent and upcoming events. Councilmember Dugger read the following announcements: Thanks to everyone who attended the Prosper Christmas Parade and Festival on December 3 at Frontier Park. Approximately 8,000 people came out to help celebrate the holiday season and show Prosper's hometown spirit. Page 7 of 7 On December 9, the Library held a Polar Express Holiday event, and the Fire Department hosted Coats and Cookies. Residents donated over 50 coats and several unwrapped toys on behalf of Cornerstone North Central Texas. Town offices will be closed on Monday, December 25, Tuesday, December 26, and Monday, January 1, for the Christmas and New Year's holidays. The Town Council would like to remind everyone that the December 26 Town Council meeting has been canceled. We would all like to wish everyone a very Merry Christmas and a Happy New Year. The Town Council congratulated the Prosper High School Football Team on their successful season. 4. Presentations. • Presentation of a Proclamation to the Prosper High School Varsity Volleyball Team in recognition for winning the UIL 5A State Volleyball Championship. (RB) Coach Erin Kaufmann and members of the Prosper Lady Eagles Volleyball Team were present to receive the Proclamation and letters of recognition from Mayor Smith. 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 — November 28, 2017 5b. Receive the October Financial Report (KN) 5c. Consider and act upon Ordinance No. 17-87 increasing the maximum combined rates of the Town's normal contributions and prior service contributions to the Texas Municipal Retirement System at a rate that does not exceed 15.50%. (LR) 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) Councilmember Dugger made a motion and Councilmember Hodges 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 Page 2 of 7 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. DEPARTMENT ITEMS: 7. Consider the Special Purpose District Committee's recommendation to call an election to create two special purpose districts: Crime Control and Prevention District and a Fire Control, Prevention, and Emergency Medical Services District with those districts funded by the elimination of the 0.50% sales and use tax property tax relief; reallocate such sales and use tax by 0.25% to each specified district; and the current special purpose district committee members be appointed as the temporary board. (KN) Finance Director Kelly Neal presented this item before the Town Council. The Special Purpose District Committee, which was appointed by the Town Council in October 2017, has met with Town staff members over the past two months to receive information and deliberate options for a Special Purpose District for the Town. At the conclusion of their meetings, the Committee members voted unanimously to recommend the Town Council call an election to eliminate the current 0.50% sales and use tax for property tax relief, and to establish a Crime Control and Prevention District and a Fire Control, Prevention, and Emergency Medical Service District. Each district is to be supported with a 0.25% dedicated sales and use tax revenue stream. Ms. Neal reviewed the requirements for the establishment of the two districts, as required by state law. On January 9, 2018, the Town Council will consider action to create the districts and appoint each district's Temporary Board of Directors. Creation of both districts will require approval of the voters of the Town of Prosper; therefore, the Town Council must call an election on or before February 13, 2018. An election called for this purpose would be held on May 5, 2018. Committee members Sarah Peterson and David Bristol each addressed the Town Council and presented their reasons for supporting the creation of the Special Purpose Districts. Ms. Peterson and Mr. Bristol both stated that the Committee thoroughly reviewed all options available for the Town, and agreed on the two recommendations that have been provided to the Council for consideration. Committee Chairman Curry Vogelsang, Jr., provided information on the establishment of a permanent Board of Directors for each district, stating that the Town Council will have the option of establishing a permanent Board after the election. The Council may choose to appoint itself as the Board of Directors for each District. Page 3 of 7 Town Attorney Terry Welch replied to a question from the Council stating that any land annexed into the Town after the establishment of the Special Purpose Districts would be subject to the collection of sales tax for those respective districts. No further action was taken. 8. Consider and act upon amending Ordinance No. 16-55 (FY 2016-2017 Budget). (KN) Finance Director Kelly Neal presented this item before the Town Council. The proposed ordinance will amend final departmental balances for the FY 2016-2017 Budget. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 17-88 amending Ordinance No. 16-55 (FY 2016-2017 Budget) to fund increased revenues, transfers in, transfer out, and expenditures in the Special Revenue Funds including TIRZ #1 and TIRZ #2, Water -Sewer Fund, VERF, Storm Drainage Fund, Park Improvement Fund, West Thoroughfare Impact Fees Fund, and Water -Sewer CIP Fund. The motion was approved by a vote of 6-0. 9. Consider and act upon amending Ordinance No. 17-65 (FY 2017-2018 Budget) and Capital Improvement Plan. (KN) Finance Director Kelly Neal presented this item before the Town Council. The proposed ordinance will amend balances in the General Fund, Special Revenue Fund, West Thoroughfare Impact Fee Fund, and Water -Sewer Utility Fund, and roll forward purchase order balances from FY 2016-2017 to the current fiscal year. Councilmember Dugger made a motion and Mayor Pro-Tem Vogelsang seconded the motion to approve Ordinance No. 17-89 amending Ordinance No. 17-65 (FY 2017-2018 Budget) and Capital Improvement Plan to provide funding for increased expenditures in the General Fund, Special Revenue Fund, West Thoroughfare Impact Fee Fund, Water - Sewer Utility Fund, and Stormwater Drainage Utility Fund. The motion was approved by a vote of 6-0. 10. Consider and act upon an ordinance amending Subsections (b) and (c) of Section 10.01.001, "Engineering Design Standards," of Article 10.01, "General Provisions," of Chapter 10, "Subdivision Regulation," of the Town's Code of Ordinances by adopting new Water System Design Requirements and new Wastewater System Design Requirements. (SG) Steve Glass, Deputy Director of Engineering Services, presented this item before the Town Council. Town staff and the Prosper Developer's Council have reviewed the Town's standards relating to water and wastewater system design. Mr. Glass provided an overview of the proposed changes to the Town's standards. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 17-90 amending Subsections (b) and (c) of Section 10.01.001, "Engineering Design Standards," of Article 10.01, "General Provisions," of Chapter 10, "Subdivision Regulation," of the Town's Code of Ordinances by adopting new Water System Design Requirements and new Wastewater System Design Requirements. The motion was approved by a vote of 6-0. Page 4 of 7 11. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the design of the Cook Lane and E-W Collector project. (SG) Steve Glass, Deputy Director of Engineering Services, presented this item before the Town Council. The scope of the proposed contract includes right-of-way documents, geotechnical borings near the proposed box culverts and the design of a 36-foot, two-lane concrete section for Cook Lane and the E-W Collector, including a right turn lane on the North Dallas Parkway, as well as the design of the storm sewer system. The design plans are scheduled to be complete in August 2018. Mr. Glass confirmed that most of the land acquisition needed for the project is already in progress. Councilmember Hodges made a motion and Councilmember Korbuly seconded the motion to authorize the Town Manager to execute a Professional Engineering Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the design of the Cook Lane and E-W Collector project. The motion was approved by a vote of 6-0. 12. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between BW2 Engineers, Inc., and the Town of Prosper, Texas, related to the design of the Whitley Park Trail Extension project. (DR) Dudley Raymond, Parks and Recreation Director, presented this item before the Town Council. The proposed contract will provide a critical link in the overall trail system on the east side of Town. This connection will be from the trail in Whitley Place Park to Prosper Road (Cockrell Elementary School) and include amenities such as picnic tables and a pavilion adjacent to the existing playground. The proposed design services for the project include design development, construction drawings, boundary and topographic surveying, hydraulic analysis and report, geotechnical exploration, and required engineering. Responding to a question from the Town Council, Mr. Raymond responded that whenever possible, the Town requires developers to build trails at the time of development; however, that is not always possible due to the location of the trail, existing easements, or the timing of the development. While it is possible for some projects to be designed by Town staff, it is often necessary to use outside firms due to the scope of work and the technical skills necessary for complex projects. After discussion, Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to authorize the Town Manager to execute a Professional Engineering Services Agreement between BW2 Engineers, Inc., and the Town of Prosper, Texas, related to the design of the Whitley Park Trail Extension project. The motion was approved by a vote of 5-1, with Councilmember Dugger casting the opposing vote. 13. Discussion on adopting the 2015 International Property Maintenance Code. (JW) Development Services Director John Webb presented this item before the Town Council. The Town currently operates under the 2006 International Property Maintenance Code. Similar to the recently adopted Food Establishment Ordinance, staff wants to ensure the Town remains current with adopted codes pertaining to public health, safety, and welfare. For the most part, the changes between the 2006 and 2015 Codes are technical in nature, but reflect the recognized best practices. Mr. Webb reviewed a list of key changes. Town staff will bring forward a proposed ordinance for the Town Council to consider at a future Page 5 of 7 14. 15. 16. 17. meeting. Mr. Webb responded to a question from the Town Council regarding bulk trash pickup, noting that some residents have experienced problems with bulk trash service. No further action was taken. Discussion on proposed amendments to the Sign Code. (MD17-0009). (JW) Development Services Director John Webb presented this item before the Town Council. The most recent amendment to the Sign Code occurred in 2010. Town staff is recommending the Town's Sign Code be amended in its entirely due to recent changes in legislation, requests from non-residential developers for variances to the current Sign Code, and Town staff's desire to provide a balance of adequate signage to identify the location of businesses. Mr. Webb reviewed a list of proposed changes. Town Attorney Terry Welch stated that he and Town staff will continue to work on revisions to the Sign Code to address key issues created by recent legislation, particularly for temporary signs and political signs. A proposed ordinance will be brought forward for the Town Council to consider at a future meeting. No further action was taken. 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: 15a. Section 551.087 — To discuss and consider economic development incentives. 15b. 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 7:35 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 8:15 p.m. No action was taken as a result of Executive Session. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Update on Downtown Road Projects. (MB) CIP Project Manager Michael Bulla updated the Town Council on the road projects occurring in the downtown area. Reconstruction of Main Street south of Broadway is progressing, and the design of Main Street North is underway. The Council provided direction to include removable traffic bollards at key intersections on the perimeter of the downtown area in the design of the downtown area improvements. Town staff will confirm that the construction timeline ensures that Main Street and Broadway will not be under construction at the same time in an effort to prevent downtown businesses from being negatively impacted. Page 6 of 7 • US 380 Median Improvements Update (DR) Dudley Raymond, Parks and Recreation Director, provided an update on the US 380 Median Improvements Project. Town staff has contacted the Cities of Frisco and McKinney regarding median improvements to sections of US 380, including landscaping and lighting. Staff will bring forward an Interlocal Agreement with both entities at a future meeting regarding each entity's participation in the median improvements. He reviewed the timeline for obtaining Green Ribbon Funding from TxDOT regarding US 380 and the Town's Gateway Monument on SH 289. The Council agreed to use the City of Frisco's street light pole design along US 380, rather than the street light pole design used by the Town on SH 289, since Frisco will maintain the lights. • Discussion on Amending the Zoning Ordinance Regarding Cell Towers. (JW) Development Services Director John Webb briefed the Council on a recent request from AT&T for a temporary cell tower near the intersection of Teel Parkway and Fishtrap Road to accommodate their customers. AT&T is looking for a permanent location in far west Prosper. Town staff will propose a revision to the Town's Zoning Ordinance to allow for a Specific Use Permit for a temporary cell tower at a future Council meeting. 18. Adjourn. The meeting was adjourned at 8:45 p.m., on Tuesday, December 12, 2017, Thep'1 91fs liltRNed on the 9�h day of January 2018. A�0` .0' a ,�'�5 APPROVED: R° .► OF ap r — Ray Smithl Mayor m ep A A7T*J A own Secretary Page 7 of 7