03.13.2018 Town Council Minutes1.
2.
3.
A-SPER
MINUTES
Meeting of the Prosper Town Council
OWN OF Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, March 13, 2018
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 Meigs Miller
Councilmember Jeff Hodges
Council Members Absent:
Councilmember Kenneth Dugger
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
Dudley Raymond, Parks and Recreation Director
Michael Bulla, CIP Project Manager
Frank Jaromin, Public Works Director
Tristan Cisco, Water Education Coordinator
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Ben Lacey of Prestonwood Baptist Church led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Hodges read the following announcements:
Traffic on Northbound Dallas Parkway has been reduced to one lane north of US 380
while road construction is underway. Eastbound US 380 will also be reduced to one lane
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from 8:00 p.m. - 5:00 a.m. for the next two weeks as the bridge beams are installed for
the new overpass at Preston Road. Residents are encouraged to use caution and find
alternate routes to minimize delays.
The 71h Annual Prosper Spring Clean Up will be held on Saturday, March 24, from 8:00
a.m. - noon. The drop-off zone will be located along Craig Road in front of Rucker
Elementary. Prosper residents may drop off unwanted items such as scrap lumber,
appliances, old eyeglasses, and other household items. For more information, please visit
the Town website.
Prosper residents age 50 and over are invited to the annual Mayor's Coffee on
Wednesday, April 18, at Prosper Fire Station No. 2. Please RSVP to Julie Shivers in the
Parks and Recreation Department.
Registration is now open for Prosper's Spring recreation programs, including tennis,
soccer, and archery. Sign up at w}rrw.Prosr)erParksandRec.orq.
4. Presentations.
• Presentation of a Proclamation declaring March 18, 2018, as Jim Spradley Day,
in honor of Mr. Spradley's 40 years of service as Postmaster of the Prosper Post
Office. (RB)
Jim Spradley was present to receive the Proclamation.
• Public Works Release/Renew/Recycle Presentation. (TC)
Water Education Coordinator Tristan Cisco briefed the Council on the
Release/Renew/Recycle program initiated by the Public Works Division to encourage
the public to empty plastic water bottles before disposing of them in recycle bins. The
Public Works Division sponsored an art contest at Prosper High School and selected
the winning art pieces to be used to decorate recycling containers for the program.
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 — February 27, 2018
5b. Consider and act upon authorizing the Town Manager to execute an Advance
Funding Agreement for a Project Using Funds Held in the State Highway 121
Subaccount for the On -System Improvements between the Texas
Department of Transportation and the Town of Prosper, Texas, related to the
West Prosper Roads project. (HW)
5c. Consider and action upon Ordinance No. 18-16 approving a tariff authorizing
an annual rate review (RRM) mechanism settlement between the Atmos
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Cities Steering Committee and Atmos Energy Corporation regarding the
Company's 2017 rates set by the settlement as a substitution for the annual
interim rate adjustment process defined by section 104.301 of the Texas
Utilities Code. (KN)
5d. Consider and act upon ratifying an expenditure to Barbosa A. Construction,
Inc., related to emergency construction services for the Parvin Road Culvert
Reconstruction project; and authorizing the Town Manager to execute a
construction agreement for same. (FJ)
Deputy Mayor Pro -Tem Dixon 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 for a Specific
Use Permit (SUP) for a Utility Distribution/Transmission Facility (Brazos Electric),
on 8.9± acres, located on the east side of FM 1385, 2,700± feet south of Parvin Road.
The property is zoned Agricultural (A). (S17-0004). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
applicant has requested the item be tabled until the March 27, 2018, Town Council
meeting.
Mayor Pro -Tem Vogelsang made a motion and Deputy Mayor Pro -Tem Dixon seconded
the motion to table Item 7 to the March 27, 2018, Town Council meeting. The motion was
approved by a vote of 6-0.
B. Conduct a Public Hearing, and consider and act upon a request for a Variance to
the Sign Ordinance, regarding construction screening, for Windsong Ranch Crystal
Lagoon, located on the northeast corner of Windsong Parkway and Pepper Grass
Lane. (V18-0002). (AG)
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Planning Manager Alex Glushko presented this item before the Town Council. This
request is for a Variance to the Sign Ordinance to allow for an alternate construction
screening for the Windsong Ranch `Crystal Lagoon' amenity. The developer of the Crystal
Lagoon is proposing mesh construction screening which includes digitally printed pictures
and renderings of the proposed project, along with signage related to the development.
The Town's Sign Ordinance currently does not address this type of signage; therefore, the
applicant is requesting Council consider a Variance to allow for the proposed construction
screening signage.
Daniel Zarate, representing the sign contractor, was present to answer questions from the
Council and presented sample sign material for the Council to view. He confirmed the sign
materials will resist fading for up to five years.
David Blom, representing the landowner for the project, estimated the project would be
completed in May 2019.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Deputy Mayor Pro -Tem Dixon made a motion and Councilmember Korbuly seconded the
motion to approve a Variance to the Sign Ordinance, regarding construction screening,
for Windsong Ranch Crystal Lagoon, located on the northeast corner of Windsong
Parkway and Pepper Grass Lane; further, the fence shall be removed at the time of the
issuance of a Certificate of Occupancy or building final, whichever occurs first. The motion
was approved by a vote of 6-0.
9. Conduct a Public Hearing, and consider and act upon an ordinance for a Special
Purpose Sign District for Westfork Crossing, located on the northwest corner of US
380 and Gee Road. (MD18-0001). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of this request is to establish the location and style of monument and unified
development signs within the Westfork Crossing development. The applicant is seeking
one deviation to the standards of the Sign Ordinance, which is to eliminate the one -foot
setback required for the three proposed unified development signs along US 380, to create
less of an encroachment into the City of Irving's waterline easement.
Tommy Reynolds, representing United Commercial Development, the applicant, was
present to answer question from the Town Council.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Councilmember Korbuly made a motion and Councilmember Hodges seconded the
motion to approve Ordinance No. 18-17 for a Special Purpose Sign District for Westfork
Crossing, located on the northwest corner of US 380 and Gee Road. The motion was
approved by a vote of 6-0.
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DEPARTMENT ITEMS:
10. Consider and act upon a resolution appointing a member of the Prosper Town
Council to the North Central Texas Regional 9-1-1 Emergency Communications
District Board of Managers. (RB)
Town Secretary/P10 Robyn Battle presented this item before the Town Council. In April
2016, the Town Council approved Resolution 16-28 authorizing the creation of the North
Central Texas Regional 9-1-1 Emergency Communications District (RECD).
Implementation of a RECD allows funds collected through the 50 -cent fee on the phone
bills of residents in the district to be retained by the district to be used for regional 9-1-1
system administration. Under the current system, the funds are collected by the state,
and then redistributed to the region at the direction of the state legislature. Implementation
of the RECD allows for regional control of this revenue. NCTCOG's 9-1-1 Regional
Advisory Committee has drafted proposed bylaws for the RECD, and has requested all of
the participating entities appoint a representative to the Board of Managers. The Board
will convene its first meeting once all entities have appointed a representative.
After discussion, Councilmember Korbuly made a motion and Mayor Pro -Tem Vogelsang
seconded the motion to approve Resolution No. 18-18 appointing Jeff Hodges to the North
Central Texas Regional 9-1-1 Emergency Communications District Board of Managers.
The motion was approved by a vote of 6-0.
11. Consider and act upon awarding Bid No. 2018-54-B to Pavecon Public Works, L.P.,
related to construction services for the Frontier Parkway Reconstruction DNT to
BNSF Railroad 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
scope of this contract includes removal and replacement of existing asphalt paving,
installation of cement treated sub -base and installation of thermoplastic pavement
markings. The contractor will replace twelve (12) feet of pavement on approximately 3,400
square feet of the eastbound lane from CR 50 to just past the east entrance into Frontier
Park. Public Works has discussed the reconstruction of the north side of Frontier Parkway
with the City of Celina; however, monies are not available for replacing the westbound
lane at this time. Town staff was directed to contact Light Farms to determine their
willingness to fund the reconstruction of the north side of Frontier Parkway.
After discussion, Councilmember Korbuly made a motion and Councilmember Hodges
seconded the motion to award Bid No. 2018-54-B to Pavecon Public Works, L.P., related
to construction services for the Frontier Parkway Reconstruction DNT to BNSF Railroad
project; and authorize the Town Manager to execute a construction agreement for same.
The motion was approved by a vote of 6-0.
12. Discussion on proposed amendments to the Zoning Ordinance regarding Home
Occupation standards. (AG)
Planning Manager Alex Glushko presented this item before the Town Council. Mr.
Glushko reviewed the current provisions in the Town's Zoning Ordinance regarding home
occupations. Town staff recommended several amendments to the ordinance related to
the impact of home occupations on residential neighborhoods, standards regarding home
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day care facilities, and community homes. A proposed ordinance will be brought forward
for Council consideration at a future Town Council meeting. No further action was taken.
13. 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:
13a. Section 551.087 — To discuss and consider economic development
incentives.
13b. 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.
13c. Section 551.074 — To discuss and review the Town Manager's performance
evaluation.
The Town Council recessed into Executive Session at 7:11 p.m.
14. Reconvene in ,Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 8:10 p.m. No action was taken as
a result of Executive Session.
15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Christmas Festival location (DR)
Parks and Recreation Director Dudley Raymond discussed options for the location of
the 2018 Prosper Christmas Festival. Town Council expressed a preference to hold
the festival downtown, adjacent to the new Town Hall facility.
Christmas Decorations (DR)
Parks and Recreation Director Dudley Raymond briefed the Council on options for
Christmas decorations in the downtown area and along major thoroughfares. Council
directed staff to move forward with acquiring decorations for the new Town Hall and
Main Street, but to postpone decorations for Broadway and Preston Road.
• Frontier Park North contingencies (DR)
Parks and Recreation Director Dudley Raymond updated the Council on the
contingency funds that have not yet been allocated for the Frontier Park North project,
and provided options for those funds. Town staff was directed to use the funds for
scoreboards and picnic tables, and to acquire plastic recycle bins instead of metal
bins.
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16.
• Amend Zoning Ordinance Regarding Definitions (JW)
Development Services Director John Webb informed the Council that an ordinance
will be brought forward at the next Town Council meeting to amend definitions in the
Zoning Ordinance that were inadvertently omitted on the last ordinance amendment.
Adjourn.
The meeting was adjourned at 8:32 p.m., on Tuesday, March 13, 2018.
These minutes approved on the 27' day of March 2018.
ATTESP.
Robyn B+
OF PRO
APPROVED:
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4
Ray Smith Mayor
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