01.09.2018 Town Council Minutes1.
2.
3.
r"
TOWN OF
P R"-- P E
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.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, January 9, 2018
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
Frank Jaromin, Public Works Director
Dudley Raymond, Parks and Recreation Director
Kelly Neal, Finance Director
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Bryan Ausenbaugh, Fire Marshal
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler of First Presbyterian Church of Prosper led the invocation. Members
of Boy Scout Troop 3188 assisted Mayor Smith in leading the Pledge of Allegiance and
the Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Councilmember Hodges read the following announcements:
The It's Time Texas Community Challenge has begun. Residents are encouraged to sign
up at ittcommunitvchallenge.com and commit to putting their health first in 2018.
Page 1 of 6
The Library will host a Health and Fitness Winter Event on January 20 in support of the
It's Time Texas Challenge. Activities will include story time, and activities related to healthy
eating and exercise.
The Library is holding a Winter Reading Challenge through January 31. Readers of all
ages are encouraged to sign up, and help the Library reach its goal of 500 books. More
information is available on the Town website.
The Town of Prosper is providing a central drop-off point for Christmas trees through
January 14. The unattended drop-off center is located in the parking area on the south
side of First Street between the Central Fire Station and the water tower. The site is open
24 hours a day, and there is no charge for the service. Trees must be cleared of any lights,
ornaments, tinsel, and any other non-organic material.
Town offices will be closed on Monday, January 15, in honor of Martin Luther King Jr.,
Day.
Councilmember Hodges recognized members of Boy Scout Troop 3188, who are
attending tonight's meeting as part of their requirement for earning a Citizenship in the
Community merit badge.
4. Presentations.
• 2018 It's Time Texas Community Challenge. (JS)
Julie Shivers, Recreation Services Coordinator, presented this item before the Town
Council. She introduced the 2018 Mayor's Challenge Video, and encouraged the
Council and residents to take part in the 2018 It's Time Texas Community Challenge,
which the Town has won for the small cities population category for the last two years.
Following the presentation, Mayor Smith and the Town Council signed pledges of
support for this year's Community Challenge.
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 — December 12, 2017
5b. Consider and act upon Ordinance No. 18-01 amending Section 3.11.001,
"Adopted," of Article 3.11, "Property Maintenance Code," of Chapter 3,
"Building Regulations," of the Town's Code of Ordinances by repealing said
section in its entirety and replacing it with new Section 3.11.001, "Adopted,"
of Article 3.11, "Property Maintenance Code," of Chapter 3, "Building
Regulations," by adopting the 2015 Edition of the International Property
Maintenance Code, save and except the amendments set forth herein. (JW)
Page 2 of 6
5c. Consider and ratify the execution by the Town Manager of Change Order
Number 22, to Pogue Construction Co., L.P., related to construction services
for Town of Prosper Town Hall/Multi-Purpose Facility. (HW)
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 Korbuly 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
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 HEARINGS:
7. Conduct a Public Hearing, and consider and act upon an ordinance amending
Special Purpose Sign District -6 (SPSD-6), for wall signage in Prosper Town Center,
located on the northeast corner of Preston Road and First Street. (MD17-0008).
(AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of the request is to allow for increased wall sign height, increased wall sign length,
and decreased wall sign separation within Prosper Town Center. Mr. Glushko confirmed
that all lighted signage would be required to conform to Town standards.
Mayor Smith opened the Public Hearing.
Mike Doherty, representing the applicant, thanked the Town Council and staff for their
assistance on the project, and offered to answer any questions Council may have.
With no one else speaking, Mayor Smith closed the Public Hearing
Page 3 of 6
Councilmember Dugger made a motion and Councilmember Miller seconded the motion
to approve Ordinance No. 18-02 amending Special Purpose Sign Distirict-6 (SPSD-6), for
wall signage in Prosper Town Center, located on the northeast corner of Preston Road
and First Street. The motion was approved by a vote of 6-0.
DEPARTMENT ITEMS:
8. Consider and act upon two ordinances and two resolutions, as follows: (1) an
ordinance creating a Crime Control and Prevention District; (2) an ordinance
creating a Fire Control, Prevention, and Emergency Medical Services District, with
both districts funded by the elimination of the 0.50% sales and use tax for property
tax relief and the reallocation of such sales and use tax by 0.25% to each specified
district; (3) a resolution appointing the current Special Purpose District Committee
members as the temporary board of directors for the Crime Control and Prevention
District; and (4) a resolution appointing the current Special Purpose District
Committee members as the temporary board of directors for the Fire Control,
Prevention, and Emergency Medical Services District. (KN)
Finance Director Kelly Neal presented this item before the Town Council. The Special
Purpose District (SPD) Committee, which was appointed by the Town Council in 2017,
has recommended the establishment of a Crime Control and Prevention District and a Fire
Control, Prevention, and Emergency Medical Services District. The districts would be
funded by the elimination of the current 0.50% sales and use tax for property tax relief,
with that revenue to be reallocated by 0.25% to each district. The Local Government Code
requires that the Town Council appoint seven persons to serve as a temporary board of
directors of each district. Each board must adopt a service plan and a budget plan for the
districts, and call an election for the purpose of creating the two districts and redesignating
the sales and use tax revenue. Ms. Neal notified the Council that one of the original SPD
Committee members, who was nominated by Councilmember Hodges, would be unable
to serve on the temporary board of directors, and that Councilmember Hodges is willing
to serve on the temporary board of directors in his place.
After discussion, Councilmember Dixon made a motion and Councilmember Dugger
seconded the motion to approve two ordinances and two resolutions, as follows: (1)
Ordinance No. 18-03 creating a Crime Control and Prevention District; (2) Ordinance No.
18-04 creating a Fire Control, Prevention, and Emergency Medical Services District, with
both districts funded by the elimination of the 0.50% sales and use tax for property tax
relief and the reallocation of such sales and use tax by 0.25% to each specified district;
(3) Resolution No. 18-05 appointing the current Special Purpose District Committee
members as the temporary board of directors for the Crime Control and Prevention
District; and (4) Resolution No. 18-06 appointing the current Special Purpose District
Committee members as the temporary board of directors for the Fire Control, Prevention,
and Emergency Medical Services District, subject to the removal of Bob Goldman, and
the addition of Jeff Hodges to the temporary board of directors. The motion was approved
by a vote of 6-0.
9. Consider and act upon a Site Plan, Landscape Plan, and Facade Plan for a retail
building in Shops at Prosper Trail, on 2.7± acres, located on the southeast corner
of Preston Road and St. Peter Lane. The property is zoned Planned Development -
68 -Retail (PD -68-R). (D17-0070). (AG)
Page 4 of 6
Planning Manager Alex Glushko presented this item before the Town Council. The
requirements of Planned Development -68 state that Site Plans, Landscape Plans, and
Facade Plans for outparcel buildings within the Shops at Prosper Trail development shall
be approved by the Planning & Zoning Commission and Town Council. Mr. Glushko
reviewed the details of the proposed site plan, landscape plan and facade plan.
Responding to a question from the Town Council, Matt Moore with Claymoore
Engineering, representing the applicant, stated that lighting and signage plans for the
development are still being designed, but would be in conformance with Town standards
and consistent with other signs within the Planned Development.
After discussion, Councilmember Dixon made a motion and Councilmember Dugger
seconded the motion to approve the Site Plan, Landscape Plan, and Facade Plan for a
retail building in Shops at Prosper Trail, on 2.7± acres, located on the southeast corner of
Preston Road and St. Peter Lane, subject to:
1. Town staff approval of civil engineering, irrigation plans, open space plans, and
address plans.
2. Town staff approval of all fire hydrants, fire department connections (FDC) and fire
lanes, including widths, radii, and location.
The motion was approved by a vote of 6-0.
10. Consider and act upon awarding Bid No. 2018-39-B to Reytech Services, LLC.,
related to construction services for the DNT Reconstruction US 380 North project;
and authorizing the Town Manager to execute a construction agreement for same.
(FJ)
Public Works Director Frank Jaromin presented this item before the Town Council. The
proposed contract includes the removal and replacement of existing concrete paving, and
the installation of cement -treated subbase and thermoplastic pavement markings. The
contractor will replace pavement on approximately 1,077 feet of the northbound lanes and
approximately 112 feet on the southbound lanes of the DNT frontage roads. Mr. Jaromin
confirmed that the bond amount for the contractor is 100%, and work is estimated to be
completed in May 2018.
After discussion, Councilmember Dugger made a motion and Councilmember Korbuly
seconded the motion to award Bid No. 2018-39-B to Reytech Services, LLC., related to
construction services for the DNT Reconstruction US 380 North project; and authorize the
Town Manager to execute a construction agreement for same. The motion was approved
by a vote of 6-0.
11. 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:
11a. Section 551.087 — To discuss and consider economic development
incentives.
11b. 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.
Page 5 of 6
11c. 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 6:42 p.m.
12. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 8:40 p.m.
Councilmember Hodges made a motion and Councilmember Korbuly seconded the
motion to appoint Karey Pustejovsky to the Library Board. The motion was approved by
a vote of 6-0.
13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
There was no discussion on this item.
14. Adjourn.
The meeting was adjourned at 8:42 p.m., on Tuesday, January 9, 2018.
These minutes approved on the 23rd day of January 2018.
�+►���pF PRC3(1 �'tj� APPROVED:
r � r
Ray Smith, M yor
� p 4
Robyn BattW, Town Secretary
Page 6 of 6