Loading...
03.27.2018 Town Council Minutes1. 2 3. PFiSPERProsper, � MINUTES Meeting of the Prosper Town Council OWN OF Prosper Municipal Chambers 108 W. Broadway Street TX 75078 Tuesday, March 27, 2018 Prosper is a place where everyone matters. Call to Order/Roll Call. The meeting was called to order 6:01 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 (arrived at 6:10 p.m Councilmember Meigs Miller (arrived at 6:16 p.m.) 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, Planning Manager Dudley Raymond, Parks and Recreation Director Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director Stuart Blasingame, Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Mel Pugh 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: The results are in! Prosper has successfully earned a "three -peat" in the It's Time Texas Community Challenge. Prosper's participation in the challenge was one of the highest in the state, outpacing even the large metro areas of Austin, Dallas, and Fort Worth. Mayor Smith and the Town Council would like to thank everyone who helped bring home the title of Healthiest Small Community for the third year in a row. Page 1 of 8 The 7th Annual Prosper Spring Clean Up was held this past Saturday, March 24, and it was a huge success. A total of 556 vehicles passed through the collection points to discard unwanted household items, electronics, cardboard, and yard debris, and eyeglasses. Thanks to everyone who participated and volunteered at this event. The traffic signal at the intersection of Prosper Trail and Coit Road is being installed, and should be operational by the end of this week, weather permitting. 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 by April 13. Registration is now open for Prosper's Spring and Summer recreation programs, including tennis, soccer, and archery. Sign up at www.ProsoerParksandRec.orq. 4. Presentations. • Presentation of a street sign recognizing the Prosper High School Volleyball Team as the 2017 UIL State Champions. (RB) Coach Erin Kauffman and members of the Lady Eagle Volleyball team and coaching staff were presented with a street sign recognizing the team as the 2017 UIL State Champions. • Presentation of a TRAPS Promotes Quality of Life Initiative award to members of the Parks and Recreation Division by the Texas Recreation and Park Society. (PN) Landscape Architect Paul Naughton introduced Mark Macey with the Texas Recreation and Parks Society, who presented the Town with the award for efforts to incorporate natural elements into the Lakewood Preserve Neighborhood Park. 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 — March 13, 2018 5b. Receive the January Financial Report. (KN) 5f. Consider and act upon authorizing the Town Manager to execute a Property Exchange Agreement between Prosper Villages at Legacy LLC, and the Town of Prosper, Texas, related to an exchange of property at the Parks at Legacy subdivision. (DR) Page 2 of 8 5g. Consider and act upon Ordinance No. 18-22 rezoning a portion of Planned Development -65 -Single Family Residential/Commercial (PD-65-SF/C), to facilitate the development of an Automobile Dealership (Chrysler, Dodge, Jeep, Ram), on 16.6± acres, located on the north side of US 380, 875± feet east of Legacy Drive. (Z17-0016). (AG) 5h. Consider and act upon Ordinance 18-23 amending Chapter 3 of the Zoning Ordinance regarding Definitions. (Z17-0020). (JW) Councilmember Dugger arrived at 6:10 p.m. and took his place at the Council bench. Councilmember Dugger removed Items 5c, 5d, and 5i from the Consent Agenda. Councilmember Korbuly removed Item 5e from the Consent Agenda. Councilmember Dugger made a motion and Councilmember Hodges seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 6-0. 5c. Consider and act upon an ordinance adopting the provisions of Article 103.0031 of the Texas Code of Criminal Procedure, imposing a collection fee of thirty percent (30%) to defray the costs of collections on delinquent fines, fees, and costs imposed by the Prosper Municipal Court. (KN) Responding to a question from the Town Council, Finance Director Kelly Neal confirmed that the 30% collection fee is the only fee to be remitted to the collection company. The contract for collection services was approved in February 2018. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 18-19 adopting imposing a collection fee of thirty percent (30%) to defray the costs of collection of delinquent fines, fees, and costs imposed by the Prosper Municipal Court. The motion was approved by a vote of 6-0. 5d. Consider and act upon an ordinance repealing Ordinance No. 01-34 relating to the ad valorem taxation of leased motor vehicles not used for the production of income, as defined in Section 11.252 of the Texas Tax Code. (CS) Responding to a question from the Town Council, Chuck Springer, Executive Director of Administrative Services, confirmed that the proposed ordinance would exempt the property taxation for leased vehicles for personal use. The tax would remain in place for vehicles used for business purposes. The revenue generated by property taxation of leased vehicles totaled approximately $170,000 in FY 2016- 2017, or about 1 % of the Town's total tax base. Councilmember Dugger made a motion and Councilmember Hodges seconded the motion to adopt Ordinance No. 18-20 repealing Ordinance No. 01-34 relating to the ad valorem taxation of leased motor vehicles not used for the production of Page 3 of 8 income, as defined in Section 11.252 of the Texas Tax Code. The motion was approved by a vote of 6-0. 5e. Consider and act upon an ordinance repealing Section 1.05.034 of the Town of Prosper "Interjurisdictional Program" of Article 1.05, "Emergency Management," of Chapter 1, "General Provisions," of the Code of Ordinances, removing Prosper from the Collin County Emergency Management Program. (KB) Councilmember Miller arrived at 6:16 p.m. and took his place at the Council bench. Responding to a question from the Town Council, Emergency Management Coordinator Kent Bauer explained that the purpose of removing Prosper from the Collin County Emergency Management Program is to allow Prosper to enact its own Emergency Management Program. The establishment of a Town Emergency Management Program will not add any additional costs to the Town. Mr. Bauer also explained that by creating it's own Emergency Management Program, the Town will qualify for additional grant opportunities. Councilmember Korbuly made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 18-21 repealing Section 1.05.034 of the Town of Prosper "Interjurisdictional Program" of Article 1.05, "Emergency Management," of Chapter 1, "General Provisions," of the Code of Ordinances, removing Prosper from the Collin County Emergency Management Program. The motion was approved by a vote of 7-0. 5i. 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) Responding to a question from the Town Council, Planning Manager Alex Glushko confirmed that construction of the fuel station would begin in late summer 2018, and construction should be complete by the end of the year. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Item 5i on the Consent Agenda. 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. Page 4 of 8 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 purpose of this request is to permit a Utility Distribution/Transmission Facility (Brazos Electric Substation). Exhibit B shows the proposed layout, which includes multiple 60 -foot tall static poles, an unmanned control station, and a 120 -foot tall communication tower that will only be for use by Brazos Electric. Jeffrey Dolian with Kimley-Horn, representing the applicant, Brazos Electric, addressed the concerns brought forward by the Planning & Zoning Commission. Brazos Electric has agreed to the removal of the perimeter fencing in conjunction with adjacent development; and to ensure a connection to Town water once available, if temporary irrigation is provided. Brazos Electric also agreed to raise the height of the screening wall to 10 feet. Responding to a question from the Town Council, Mr. Dolian confirmed that the substation would serve CoServ. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Mr. Dolian confirmed that the Public Utilities Commission identified the location of the proposed substation, and the land was acquired through condemnation. Town Attorney Terry Welch confirmed the terms of the removal of the barbless wire fencing. Town staff received one Public Hearing Reply Form in opposition to the request from an adjacent property owner. Town staff has not contacted the property owner, and the property owner was not in attendance. After discussion, Mayor Pro -Tem Vogelsang made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 18-24 for a Specific Use Permit 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 motion was approved by a vote of 7- 0. Page 5 of 8 8. Conduct a Public Hearing, and consider and act upon a request for a Variance to the Sign Ordinance, regarding a wall sign for Texas Health Resources located at 1970 W. University Drive. (V18-0003). (AG) Councilmember Hodges stepped away from the Council bench at 6:28 p.m. due to a conflict of interest on Item 8. Planning Manager Alex Glushko presented this item before the Town Council. The applicant is proposing to allow for a wall sign that is oriented in an east facing direction and exceeds the currently permitted maximum sign height. The requested increase in wall sign height is intended to assist west -bound drivers in identifying the Texas Health Resources facility from a distance in order to promote safer turning movements along US 380, specifically given the current construction activity. Amanda Thrash, representing Texas Health Resources, addressed the Town Council and reiterated the terms of the request. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve a Variance to the Sign Ordinance, regarding a wall sign for Texas Health Resources located at 1970 W. University Drive. The motion was approved by a vote of 6- 0. Councilmember Hodges returned to the meeting and took his place at the Council bench at 6:34 p.m. DEPARTMENT ITEMS: 9. Consider and act upon a resolution accepting the Independent Audit Report and Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended September 30, 2017, as presented by a representative of McConnell & Jones, LLP., Certified Public Accountants. (KN) Finance Director Kelly Neal introduced Marlon Williams of McConnell & Jones, LLP, who presented information on the CAFR for the fiscal year ended September 30, 2017. Mr. Williams reviewed the audit process, and reported that the audit resulted in no management comments, and no disagreements with management during the course of the audit. The auditors did not find any areas of deficiencies; therefore, there is no management letter accompanying this year's audit. Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to approve Resolution 18-25 accepting the Independent Audit Report and Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2017. The motion was approved by a vote of 7-0. 10. Consider and act upon awarding Bid No. 2018-57-B to Archer Western Construction, LLC, related to construction services for the Custer Road Pump Station Expansion Page 6 of 8 11. 12. 13. Project; and authorizing the Town Manager to execute a construction agreement for same. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. The scope of this contract includes the addition of a new 4,750 GPM pump to the Custer Road Pump Station, increasing the pumping capacity from 18 MGD firm pumping capacity to 25 MGD firm pumping capacity. This is one of three projects designed to provide additional capacity and reliability to the lower pressure plane system. Work in this contract is scheduled to be complete by Summer 2019. After discussion, Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to award Bid No. 2018-57-B to Archer Western Construction, LLC, related to construction services for the Custer Road Pump Station Expansion Project; and authorize the Town Manager to execute a construction agreement for same. The motion was approved by a vote of 7-0. 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. 11c. Section 551.074 —To discuss and review the Town Manager's performance evaluation. The Town Council recessed into Executive Session at 6:45 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 8:00 p.m. Councilmember Dugger made a motion and Councilmember Miller seconded the motion to authorize the Town Manager to execute Chapter 380 Partnership Agreements with (1) BG-GBT Second & Coleman Prosper, LLC; (2) BG-GBT Church & First Prosper, LLC; and (3) TLS Investments, Inc. The motion was approved by a vote of 7-0. Councilmember Dugger made a motion and Mayor Pro -Tem Vogelsang seconded the motion to authorize the Mayor to execute an agreement for Town Manager services pursuant to the terms addressed in Executive Session. The motion was approved by a vote of 7-0. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Page 7 of 8 No action was taken on this item. 14. Adjourn. The meeting was adjourned at 8:08 p.m., on Tuesday, March 27, 2018. These mina V&(kotjao the 10th day of April 2018. APPROVED: �• . NO a Ray Smith, M yor P o 40 A Page 8 of 8