08.14.2018 Town Council Minutest-t
A' MINUTES
Meeting of the Prosper Town Council
TOWNC) i Prosper Town Hall
PR
E Council Chambers
S P 200 S. Main Street
Prosper, TX 75078
Prosper is a place where everyone matters. Tuesday, August 14, 2018
Call to Order/Roll Call.
The meeting was called to order 6:04 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tem Curry Vogelsang, Jr.
Deputy Mayor Pro -Tem Jason Dixon
Councilmember Mike Korbuly
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Terrence Welch, Town Attorney
Robyn Battle, Town Secretary/P10
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Planning Manager
Pete Anaya, Deputy Director of Engineering Services
Dan Heischman, Senior Engineer
Frank Jaromin, Public Works Director
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Mayor Smith led the invocation. The Pledge of Allegiance and the Pledge to the Texas
Flag were recited.
3. Announcements of recent and upcoming events.
Councilmember Andres read the following announcements:
The Town of Prosper will host a Public Meeting to discuss the design of Coit Road, from
First Street to Frontier Parkway, on Thursday, August 23, from 6:00-8:00 p.m. The meeting
will be held in Council Chambers.
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The public is invited to attend the 7th Annual Town of Prosper Community Picnic on
Saturday, September 8, from 4:00-7:00 p.m. in Frontier Park. Bethlehem Place will collect
nonperishable food as part of their "Hunger Is No Picnic" food drive. Free hot dogs will be
served by members of the Town Council, courtesy of Lighthouse Christian Fellowship
Church, and the Prosper Parks and Recreation Board members will serve dessert.
Activities include a petting zoo, pony rides, inflatable games, slides, face painting, food
and drinks. Families are encouraged to bring lawn chairs, blankets, and picnic supplies
to this annual community event.
The Town Council would like to remind motorists that school zones will be active tomorrow,
and we would like to wish everyone a safe and happy first day of school.
4. Presentation
Mayor Pro -Tem Vogelsang invited the Council to join him in front of the Council bench.
He presented Mayor Smith with a new gavel to commemorate the first Town Council
meeting in the new Council Chambers.
Deputy Mayor Pro -Tem Dixon stepped away from the Council bench at 6:08 p.m.
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 meetings.
(RB)
• Regular Meeting — July 24, 2018
5b. Consider accepting the submission of the certified collection rate of 100
percent for FY 2018-2019. (KN)
5c. Consider and act upon an Ordinance No. 18-60 establishing the 2018
certified appraisal roll. (KN)
5d. Consider accepting submission of the 2018 effective tax rate of $0.531332
per $100 taxable value and the rollback tax rate of $0.581388 per $100 taxable
value. (KN)
5e. Consider and act upon an Ordinance No. 18-61 amending Section 12.09.004
"School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's
Code of Ordinances by modifying the limits and hours of operation of such
zones. (HW)
5f. Consider and act upon awarding Bid No. 2018-81-B to Peachtree
Construction, LTD, related to construction services for the Prosper Road
Improvement Project 2018 (Prosper Trail Patching Coit Road to Custer Road)
project; and authorizing the Town Manager to execute a construction
agreement for same. (FJ)
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6g. 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 Miller made a motion and Councilmember Korbuly seconded the
motion to approve all items on the Consent Agenda. The motion was approved
by a vote of 6-0.
Deputy Mayor Pro -Tem Dixon returned to the Council bench at 6:10 p.m
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.
Sue Howard, 313 East 3rd Street, Prosper, spoke regarding the accessibility of Town Hall
for persons with disabilities, noting the difficulty she had opening the main doors to the
building. Town Manager Harlan Jefferson responded that although the building is ADA
compliant, he had recently become aware of the problem with the doors. Town staff will
work with the architect and building contractor to devise a solution. Ms. Howard also
requested to receive a copy of the words to the Texas Pledge of Allegiance, since she is
a new resident to Texas. Town Secretary Robyn Battle offered to email a copy of the
pledge to Ms. Howard.
Jack Dixon, 810 Long Valley Court, Prosper, spoke on behalf of the Lakes of Prosper
HOA. He presented a map of the neighborhood, and indicated several areas where
speeding is a problem. He asked for additional enforcement, especially near hike and
bike trails. Mr. Dixon also spoke on behalf of the Prosper Historical Society. He thanked
the Council for their support of the Prosper Veterans Memorial, and for providing space to
display historical items in Town Hall.
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:
Conduct a Public Hearing, and consider and act upon a request for a Specific Use
Permit (SUP) for a Restaurant with Drive -Through, on 2.6± acres, located on the
west side of Preston Road, south of Frontier Parkway. The property is zoned
Planned Development -10 (PD -10). (S17-0006). (AG)
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Alex Glushko presented this item before the Town Council. The purpose of this request
is to allow for a restaurant with drive-through as one occupant of a multi -tenant, 17,950
square -foot retail building. The applicant has indicated the drive-through restaurant tenant
will be a coffee shop. Patrick Filson, representing the developer, Victory Group,
addressed the Council requesting approval of the item. He noted that the coffee shop is
the first of several tenants to open within the development, and several additional
submittals will be presented for approval over the next few months.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
After discussion, Councilmember Miller made a motion and Councilmember Hodges
seconded the motion to approve the request for a Specific Use Permit (SUP) for a
Restaurant with Drive -Through, on 2.5± acres, located on the west side of Preston Road,
south of Frontier Parkway. The motion was approved by a vote of 7-0.
8. Conduct a Public Hearing, and consider and act upon a request to rezone a portion
of Planned Development -40 (PD -40) to Planned Development -Retail (PD -R), on 25.3±
acres, located on the northeast corner of US 380 and Windsong Parkway, to
facilitate the development of the Cook Children's Medical Center. (Z18-0004). (AG)
Alex Glushko presented this item before the Town Council. The purpose of the proposed
PD amendment is to rezone a portion of PD -40 to create a new Planned Development
(PD) to allow for the development of Cook Children's Medical Center. The Medical Center
is proposed to consist of; a 128,000 square -foot Hospital; a 15,330 square -foot Urgent
Care and Primary Care Center; a 26,000 square -foot Ambulatory Surgery Center; a
67,000 square -foot Medical Office Building; an 11,000 square -foot Outpatient Imaging and
Data Center; a Helistop; and a 100 -space parking garage. Mr. Glushko noted that no
landscaping has been planned for the development along US 380 due to the proximity to
the City of Irving water line.
Mayor Smith opened the Public Hearing.
Barry Hudson with Dunaway Associates spoke on behalf of the applicant. He noted that
the helistop would not be developed as a full helipad, and that it would only be used for
emergency transportation. Mr. Hudson also stated that the main hospital would not be
developed until Phase 2 of the project.
Marc Burdars also spoke on behalf of the applicant, stating that all HVAC equipment would
be screened in accordance with Town standards, and confirmed that the colors proposed
for the building are consisted with Cook Children's corporate branding.
With no one else speaking, Mayor Smith closed the Public Hearing.
John Webb, Director of Development Services, addressed the Council regarding berming,
and noted that Town staff was satisfied with the proposed plan, since the parking along
US 380 had a curvilinear shape, and was not expected to be completely filled with cars at
all times. The Town Council expressed a preference to include some berming along US
380, and additional features on the stucco, similar to the main fagade of the building.
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After discussion, Councilmember Andres made a motion and Mayor Pro -Tem Vogelsang
seconded the motion to approve a request to rezone a portion of Planned Development -
40 (PD -40) to Planned Development -Retail (PD -R), on 25.3± acres, located on the
northeast corner of US 380 and Windsong Parkway; further, Exhibit F shall be amended
to reflect horizontal features and capping on the stucco similar to the main fagade of the
building and the landscape plan, and Exhibit G shall be revised to provide for intermittent
berming outside the easements along US Highway 380 in the southeast corner of the
project. The motion was approved by a vote of 7-0.
9. Conduct a Public Hearing, and consider and act upon an ordinance amending
Chapter 1, Section 7 of the Zoning Ordinance regarding Nonconforming Uses and
Structures. (Z18-0006). (JW)
Development Services Director John Webb presented this item before the Town Council.
This is a Town -initiated request to amend the portion of the Zoning Ordinance regarding
Nonconforming Uses and Structures. Prosper's regulations regarding these
nonconforming situations have not been comprehensively updated since the current
Zoning Ordinance was adopted in 2005.
While Chapter 1, Section 7 of the Zoning Ordinance is proposed to be amended in its
entirety, the common provisions regarding the continuation or expansion of a
nonconforming use or structure are reflected in the proposed amendments. The major
change is the process of discontinuing a nonconforming use, referred to as amortization.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
After discussion, Councilmember Hodges made a motion and Councilmember Korbuly
seconded the motion to approve Ordinance No. 18-62 amending Chapter 1, Section 7 of
the Zoning Ordinance regarding Nonconforming Uses and Structures. The motion was
approved by a vote of 7-0.
DEPARTMENT ITEMS:
10. Consider and act upon amending Ordinance No. 17-66 (FY 2017-2018 Budget). (KN)
Finance Director Kelly Neal presented this item before the Town Council. Town staff is
recommending expediting the purchase of scheduled VERF equipment that is slated to be
replaced in the upcoming FY 2018-2019. The Tri-plex mower that is being requested
replaces an older comparable unit which is at the end of its life cycle. Replacing the
mower now will save the Town additional repair costs, plus the additional staff time
requires to perform lawn maintenance when the mower is not operational.
Councilmember Hodges made a motion and Councilmember Korbuly seconded the
motion to approve Ordinance No. 18-63 amending Ordinance No. 17-65 (FY 2017-2018
Budget) to provide funding for increased expenditures in the VERF Fund associated with
the purchase of a mower for park operations. The motion was approved by a vote of 7-0.
Page 6 of 9
11. Submission of the FY 2018-2019 Proposed Budget and Budget Message by the
Town Manager. (KN)
Finance Director Kelly Neal presented this item before the Town Council. In accordance
with the Town Charter, the referenced documentation completes the Town Manager's
submission of the Proposed Budget and Budget Message for Fiscal Year 2018-2019. The
FY 2018-2019 Proposed Budget, including the Budget Message from the Town Manager,
was submitted to the Town Council under separate cover. No further action was taken.
12. Consider and act upon a proposed FY 2018-2019 property tax rate. (KN)
Finance Director Kelly Neal presented this item before the Town Council. This agenda
item is to set the proposed tax rate for consideration by the Town Council. A notice will
be published in the Prosper Press by the Collin County Tax Assessor on behalf of the
Town. According to Section 26.05(d) of the Property Tax Code, the Town is required to
hold two public hearings and publish a newspaper notice if proposing to consider a tax
rate that exceeds the effective rate or rollback rate, whichever is lower. The rate the Town
finally adopts can be lower than the proposed and published rate, but it cannot exceed it
without undergoing the required posting requirements and timeframes. The Town's
proposed rate of $0.5200 per $100 valuation is below the effective and rollback tax rates,
and therefore no additional notices or tax rate public hearings are required.
Deputy Mayor Pro -Tem Dixon made a motion and Councilmember Korbuly seconded the
motion to place a proposal to adopt a FY 2018-2019 tax rate of fifty-two cents ($0.52) per
one hundred dollars ($100) of valuation on the September 11, 2018, Town Council
Agenda. The Town Council responded as follows:
Councilmember Hodges - approved
Councilmember Miller - approved
Councilmember Andres - approved
Deputy Mayor Pro -Tem Dixon - approved
Mayor Smith - approved
Mayor Pro -Tem Vogelsang - approved
Councilmember Korbuly — approved
The motion was approved by a vote of 7-0.
13, Consider and act upon scheduling a Public Hearing on the FY 2018-2019 Proposed
Budget. (KN)
Finance Director Kelly Neal presented this item before the Town Council. Chapter 102 of
the Texas Local Government Code requires the Town to hold a public hearing on the
proposed budget and publish the notice for this meeting. This public hearing is scheduled
for August 28, 2018. Given the timelines for publishing in the Prosper Press, staff will
submit the notice of the public hearing on the proposed budget to print in the August 15,
2018, Prosper Press.
Deputy Mayor Pro -Tem Dixon made a motion and Mayor Pro -Tem Vogelsang seconded
the motion to schedule a Public Hearing on the FY 2018-2019 Proposed Budget for August
28, 2018, at 6:00 p.m. with the meeting taking place at the Prosper Council Chambers at
200 S. Main Street, Prosper, Texas. The motion was approved by a vote of 7-0.
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14. Consider and act upon a request for a Facade Exception for Silo Park, located on
the northeast corner of Broadway Street and McKinley Street. (MD18-0004). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
applicant is requesting approval of a fagade exception to allow the beverage center metal
building to be green in color, rather than white, as originally depicted.
Councilmember Miller made a motion and Councilmember Hodges seconded the motion
to approve the request for a Fagade Exception for Silo Park. The motion was approved
by a vote of 7-0.
15. Consider and act upon a request to waive the Town's Drainage System Design
Requirements for a wet or underground detention pond for the Worldwide Rock
development. (DH)
Senior Engineer Dan Heischman presented this item before the Town Council. The
proposed Worldwide Rock development located on Cook Lane south of Prosper Trail and
east of Prestonwood Baptist Church had a site plan approved in June of 2018. In
accordance with the drainage manual, the applicant has requested a waiver from the wet
pond requirement and is requesting to be allowed to install a dry detention pond.
Matt Moore of Claymoore Engineering responded to the Town Council's concerns
regarding screening and landscaping requirements.
After discussion, Deputy Mayor Pro -Tem Dixon made a motion and Councilmember
Korbuly seconded the motion to approve the request to allow a dry detention pond to serve
the Worldwide Rock development. The plantings shall provide a solid visual screen of the
detention pond from the roadway and shall be a minimum of six feet in height and
maintained at said height. The motion was approved by a vote of 7-0.
16. Consider and act upon awarding Bid No. 2018-79-B to S.J. Louis Construction of
Texas, Ltd., related to construction services for the Lower Pressure Plane Water
Line (BNSF Railroad to Preston Road); and authorizing the Town Manager to
execute a Construction Agreement for same. (PA)
Pete Anaya, Deputy Director of Engineering Services, presented this item before the Town
Council. The scope of this contract includes the construction, testing, and disinfection of
4,020 linear feet of 42" diameter potable water pipeline, which is the continuation of the
Town's master planned water system. Two types of pipe materials were bid in order to
ensure competiveness; the first type was bar wrapped concrete cylinder pipe and the other
material was C200 polyurethane coated steel pipe. The bar wrapped pipe proved to be
most competitive.
After discussion, Councilmember Korbuly made a motion and Councilmember Hodges
seconded the motion to award Bid No. 2018-79-B to S.J. Louis Construction of Texas, Ltd.
related to construction services for the Lower Pressure Plane Water Line (BNSF Railroad
to Preston Road) project; and authorizing the Town Manager to execute a construction
agreement for the same. The motion was approved by a vote of 7-0.
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17. Consider and act upon awarding Bid No. 2018-82-B to HQS Construction Services,
LLC., related to construction services for the Prosper Road Improvement Project
2018 (Windsong Ranch Phase III — Miscellaneous Roads) project; and authorize 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 the contract includes the removal of the existing pavement without disturbing the
outside three feet of pavement and the curb. The subgrade will be rehabilitated to a width
of twelve feet centered on the existing wastewater line by the removal of three feet of
existing sub -base, and replacement with three feet of flex base gravel.
David Blom, representing Windsong Ranch, spoke in favor of the project, noting that the
contractor and the Town have done an exceptional job repairing the roads, and the
residents of Windsong Ranch are pleased with the results.
After discussion, Mayor Pro -Tem Vogelsang made a motion and Councilmember Korbuly
seconded the motion to award Bid No, 2018-82-B to HQS Construction Services, LLC.,
related to construction services for the Prosper Road Improvement Project 2018
(Windsong Ranch Phase III — Miscellaneous Roads) project; and authorizing the Town
Manager to execute a construction agreement for same. The motion was approved by a
vote of 7-0.
18. 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:
18a. Section 551.087 — To discuss and consider economic development
incentives.
18b. 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.
18c. 551.076 — Deliberation of the deployment, or specific occasions for
implementation, of security personnel or devices at Town Hall.
18d. Section 551.071 — Consultation with the Town Attorney regarding possible
litigation regarding bond issues, and all matters incidents and related
thereto.
The Town Council recessed into Executive Session at 7:30 p.m.
19. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 10:38 p.m., and Councilmember
Andres stepped away from the Council bench.
Mayor Pro -Tem Vogelsang made a motion and Councilmember Korbuly seconded the
motion to authorize the Town Manager and Town Attorney to negotiate and execute
Page 8 of 9
documentation related to a market study and fees reimbursement agreement for economic
development purposes. The motion was approved by a vote of 6-0.
Mayor Pro -Tem Vogelsang made a motion and Councilmember Korbuly seconded the
motion to authorize the Town Manager to execute an Amendment to Development and
Financing Agreement pursuant to the terms addressed in closed session. The motion was
approved by a vote of 6-0.
Councilmember Andres returned to the Council bench at 10:41 p.m.
20. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Solid Waste Collection and Recycling Services (CS)
Chuck Springer, Executive Director of Administrative Services, updated the Town
Council on the terms of a proposed franchise agreement for solid waste services. The
Town Council requested staff to continue discussions to find additional options for bulk
trash service. The item will be brought forward for Council consideration at a future
meeting.
21. Adjourn.
The meeting was adjourned at 10:58 p.m., on Tuesday, August 14, 2018.
These miRy0§IA�i ' on the 28'h day of August 2018.
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