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04.10.2018 Town Council Minutes4 3. r * 8SPER MINUTES Meeting of the Prosper Town Council OWN OF Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, April 10, 2018 Prosper is a place where everyone matters. Call to Order/Roll Call. The meeting was called to order 6:02 p.m. Council Members Present: Mayor Ray Smith Mayor Pro -Tem Curry Vogelsang, Jr. Councilmember Michael Korbuly Councilmember Kenneth Dugger (arrived at 6:59 p.m.) Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Deputy Mayor Pro -Tem Jason Dixon 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 Frank Jaromin, Public Works Director Leslie Scott, Library Services Director Chelsi Henry, Children's Services Librarian Cathy Swain, Library Assistant Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director Doug Kowalski, Police Chief Natalee Warren, Dispatch Supervisor Gayla Scheidler, Dispatcher Tiffany McDorman, Dispatcher Stuart Blasingame, Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Jason McConnell of Prosper United Methodist 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: Page 1 of 8 An informational meeting about the two Special District propositions on the May 5 election ballot will be held on Thursday, April 12. Members of the proposed district's governing boards will provide information and answer questions about the ballot propositions. The meeting will be held at 6:00 p.m. in the Training Room at Fire Station 2. The Prosper Police Department will conduct a KidPrint ID event this Saturday, April 14, at Leslie's Pools Supplies, located at 1350 N. Preston Road. Free KidPrint ID cards will be available for children up to age 14 from 10:00 a.m.-noon. Prosper residents age 50 and over are invited to the annual Mayor's Coffee on Wednesday, April 18, at 9:00 a.m., at Fire Station No. 2. Please RSVP to Julie Shivers in the Parks and Recreation Department by April 13. The Prosper Police Department Community Safety Initiative will be held on Saturday, May 12, from 10:00 a.m.-noon at Texas Health Prosper. Join the Prosper Police Officers for a morning of family fun, food and educational activities as we celebrate Police Week. Registration is now open for Prosper's Spring and Summer recreation programs, including tennis, soccer, and archery. Sign up at www.ProsoerParksandRec.ora. The Town Council congratulated the Prosper Girls Soccer Team on their continuing success this season. 4. Proclamations. Presentation of a Proclamation to members of the Library Services staff declaring April 8-14, 2018, as National Library Week. (RB) Library Director Leslie Scott, and staff members Chelsi Henry and Cathy Swain were present to receive the Proclamation. Members of the Library Board were also in attendance. Presentation of a Proclamation to members of the Prosper Police Department declaring April 8-14,2018, as Public Safety Telecommunicators Week. (RB) Dispatch Supervisor Natalee Warren and Dispatchers Gayla Scheidler and Tiffany McDorman were present to receive the Proclamation. Police Chief Doug Kowalski and Fire Chief Stuart Blasingame were also in attendance. 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 27, 2018 5b. Consider and act upon accepting the 2017 Racial Profiling Report as required by state law. (DK) Page 2 of 8 5c. Consider and act upon Resolution No. 18-26 supporting the FM 1385 Task Force. (HW) 5d. Consider and act upon approving Change Order Number 06, to Dean Electric dba Dean Construction related to construction services for Frontier Park North Field Improvements; and authorize the Town Manager to execute same. (DR) 5e. 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 5-0. 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. Mr. J.R. Delaney 5121 Fringetree Drive, McKinney, TX, addressed the Council regarding the Prosper Community Theater. Mr. Delaney is the founder and Executive Director of the organization, which meets twice per month, and is currently serving over 50 children in the Prosper area. Mr. Delaney described some of the activities of the organization, and announced a fundraiser to be held on April 13. 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 -4 (SPSD-4), for the Gates of Prosper, located on the northeast corner of Preston Road and US 380. (MD18-0002). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The applicant is proposing to amend SPSD-4 to allow for two development entry fountain wall signs, allow increased wall sign heights for two anchor tenants (Old Navy and Ross), and to allow for increased wall sign widths for three anchor tenants (Old Navy, Ross, and Burlington). Page 3 of 8 Development Services Director John Webb stated that the comparisons provided on this agenda item are using the existing sign code. Town staff is currently working on a comprehensive amendment to the sign code; however, new sign standards have not yet been determined. Tim Smith with Lincoln Properties addressed the Council on behalf of the applicant, Blue Star Development. Mr. Smith stated that the requested amendment is consistent with the corporate brand models for the respective tenants. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. After discussion, Councilmember Miller made a motion and Mayor Pro -Tem Vogelsang seconded the motion to approve Ordinance No. 18-27 amending Special Purpose Sign Distirict-4 (SPSD-4), for the Gates of Prosper, located on the northeast corner of Preston Road and US 380. The motion was approved by a vote of 3-2, with Councilmember Korbuly and Councilmember Hodges casting the opposing votes. DEPARTMENT ITEMS: 8. Discussion on rezoning Planned Development -25 (PD -25) and Planned Development -39 (PD -39) in accordance with property ownership. (Z18-0001) (AG) Planning Manager Alex Glushko presented this item before the Town Council. The proposed rezoning being requested is intended to be administrative in nature only, with the goal of breaking the two existing PDs into new PDs corresponding with the current ownership, while accurately allocating the existing entitlements (i.e. number and size of residential lots) in a manner that replicates the entitlements, as they currently exist. The proposed amendments are not intended to alter the existing development standards. Dividing the existing zoning into individual PDs that correspond to current ownership will more easily allow an individual property owner to develop and/or rezone their property without involving other property owners. Aaron Richards of the Richland Group, representing one of the developers, spoke in support of the proposed rezoning. The Town Council directed staff to proceed with the proposed rezoning. An ordinance will be brought forward at a future meeting for Council consideration. No further action was taken. 9. Consider and act upon awarding Bid No. 2018-55-B, to SPI Asphalt, LLC, related to construction services for the Prosper Trail Reconstruction (Coit Road — Custer Road) project; and authorizing the Town Manager to execute a construction agreement for same. (FJ) Councilmember Dugger arrived at 6:59 p.m. and took his place at the Council bench. Public Works Director Frank Jaromin presented this item before the Town Council. The scope of this contract includes removing and replacing the existing five inches of asphalt paving, installing six inches of cement treated sub -base, five inches of asphalt and thermoplastic pavement markings. The contractor will replace twenty-five feet of Page 4 of 8 pavement on approximately 11,600 linear feet of Prosper Trail from Coit Road to Custer Road. Mr. Jaromin reviewed the cost of previous improvements to Prosper Trail. Mayor Smith stated that he would prefer to postpone this project in the hopes that matching funds will be available from the County in the near future. After discussion, Councilmember Miller made a motion and Mayor Pro -Tem Vogelsang seconded the motion to table Item 9 to the May 8, 2018, Town Council meeting. The motion was approved by a vote of 6-0. 10. Consider and act upon awarding Bid No. 2018-60-B, to Reytech Services, LLC, related to construction services for the Prosper Road Improvements 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 removing the existing asphalt paving, installing six inches of cement treated sub -base, six inches of reinforced concrete paving and supplementary repair work on selected driveways and drainage culverts. The contractor will install twenty-one feet of concrete pavement on Eighth Street (Church — PISD Admin) and Fifth Street (Coleman — Church) with twenty (20) feet of pavement on Field Street (First — Broadway) and Third Street (Main — Coleman). The project also includes the installation of a wastewater mainline on Eighth Street from Church Street to Prosper Independent School District (PISD). After discussion, Mayor Pro -Tem Vogelsang made a motion and Councilmember Dugger seconded the motion to award Bid No. 2018-60-B to Reytech Services, LLC, related to construction services for the Prosper Road Improvement project; and authorize the Town Manager to execute a construction agreement for same. The motion was approved by a vote of 6-0. 11. Consider and act upon awarding Bid No. 2018-48-B, to Grahamson, Inc., related to construction services for the Frontier Park Soccer Field Improvements project; and authorizing the Town Manager to execute a construction agreement for same. (DR) Parks and Recreation Director Dudley Raymond presented this item before the Town Council. The project will resolve a field drainage issue that exists in the section of Frontier Park just south and east of the eastern most concession stand. The contractor will strip the existing sod, grade it to provide positive drainage, install new irrigation, and re -sod this area. Once completed, staff will provide maintenance and care needed to minimize disruption to the use of the area in the fall. After discussion, Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to award Bid No. 2018-48-B to Grahamson, Inc., related to construction services for the Frontier Park Soccer Field Improvements project; and authorize the Town Manager to execute a construction agreement for the same. The motion was approved by a vote of 6-0. 12. Consider and act upon authorizing the Town Manager to execute a Service Agreement between the Town of Prosper and Cedarbrook Media Group, LLC, for the Pride in the Sky event held in observation of Independence Day. (DR) Page 5 of 8 Parks and Recreation Director Dudley Raymond presented this item before the Town Council. The proposed agreement memorializes the commitment and relationship between the Town and Cedarbrook Media Group, LLC, for the Pride in the Sky event. This event has been successfully coordinated and hosted by Cedarbrook for the past six years. Mr. Raymond reviewed the terms of the proposed agreement. The Council requested to add language to the agreement requiring that notification of whether or not Cedarbrook will hold the event shall be made by February 1 of each year. After discussion, Councilmember Hodges made a motion and Councilmember Korbuly seconded the motion to authorize the Town Manager to execute a Service Agreement between Cedarbrook Media Group, LLC, and the Town of Prosper, Texas, related to Pride in the Sky, with the addition that notification shall be made by February 1 of each year. The motion was approved by a vote of 6-0. 13. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Garver and the Town of Prosper, Texas, related to the hydrology and hydraulics study of a tributary of Doe Branch between the BNSF Railroad and Dallas North Tollway. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Garver, LLC, will perform the hydrology and hydraulics study of a tributary of Doe Branch located on the south side of the Public Safety Complex property and future Parks Operations and Public Works Complex property between the BNSF Railroad and Dallas North Tollway. After discussion, Councilmember Dugger made a motion and Councilmember Miller seconded the motion to authorize the Town Manager to execute a Professional Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the hydrology and hydraulics study of a tributary of Doe Branch between the BNSF Railroad and Dallas North Tollway. The motion was approved by a vote of 6-0. 14. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.410 acres of real property, and 0.794 acres of easement situated generally in the J. Morton Survey, Abstract No. 793, in the Town of Prosper, Denton County, Texas, necessary for the construction of the West Prosper Roads Improvements, Phase 2 (Segment D) Project and for other public purposes permitted by law. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. The Town is in the process of developing engineering plans for the reconstruction of Fishtrap from Gee Road, west to FM 1385. Due to the widening of the road, and grading that will be involved, additional right-of-way and grading easements will be required. The subject property is needed for both, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Resolution No. 18-28 authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.410 acres of real property, and 0.794 acres of easement situated generally in the J. Morton Survey, Abstract No. 793, in the Town of Prosper, Denton County, Texas, necessary for the construction of the West Page 6 of 8 Prosper Roads Improvements, Phase 2 (Segment D) Project and for other public purposes permitted by law. Mayor Smith called the roll, and Council Members responded as follows: Councilmember Hodges — approved Councilmember Miller — approved Councilmember Dugger — approved Deputy Mayor Pro -Tem Dixon — absent Mayor Smith — approved Mayor Pro -Tem Vogelsang — approved Councilmember Korbuly — approved The motion was approved by a vote of 6-0. 15. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 2.095 acres of real property, situated generally in the L. Netherly Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, necessary for the construction of the Fishtrap Elevated Storage Tank Project and for other public purposes permitted by law. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. The Town is in the process of developing engineering plans for the construction of an elevated storage tank to serve the lower pressure plane, to be located on the north side of Fishtrap Road, east and adjacent to the Artesia development. The subject property is needed for this project, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Councilmember Dugger made a motion and Councilmember Hodges seconded the motion approving Resolution No. 18-29 authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 2.095 acres of real property, situated generally in the L. Netherly Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, necessary for the construction of the Fishtrap Elevated Water Storage Tank Project and for other public purposes permitted by law. Mayor Smith called the roll, and Council Members responded as follows: Councilmember Hodges — approved Councilmember Miller — approved Councilmember Dugger — approved Deputy Mayor Pro -Tem Dixon — absent Mayor Smith — approved Mayor Pro -Tem Vogelsang — approved Councilmember Korbuly — approved The motion was approved by a vote of 6-0. 16. 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: Page 7 of 8 16a. Section 551.087 — To discuss and consider economic development incentives. 16b. 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 7:26 p.m. 17. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 7:55 p.m. No action was taken as a result of Executive Session. 18. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Special Event Committee Update. (DR) Parks and Recreation Director Dudley Raymond updated the Town Council on the appointment of a new Special Event Committee, as a result of direction from the Town Council at the 2018 Strategic Planning Session. Mr. Raymond reviewed staff's recommendation for members of the committee. The Town Council recommended staff review additional names from the list of applicants from last year's Board and Commission appointments. Town staff may select a committee of eight members, which will not require the approval of the Town Council. 19. Adjourn. The meeting was adjourned at 8:01 p.m., on Tuesday, April 10, 2018. These minut j%gpp-" on the 24th day of April 2018. OF, PR9cS'•��� APPROVED: w� •% MW * = •do Ray Sm!0, Mayor -1 � o d 1 ,�Plelf � t Robyn Batt , Town Secroary Page 8 of 8