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09.25.2018 Town Council Minutes10 MINUTES Meeting of the Prosper Town Council . TOWN OF Prosper Town Hall SPER Council Chambers 200 S. Main Street Prosper, TX 75078 Prosper is a place where everyone matters. Tuesday, September 25, 2018 Call to Order/Roll Call. The meeting was called to order at 6:02 p.m. Council Members Present: Mayor Ray Smith Mayor Pro -Tem Curry Vogelsang, Jr. Councilmember Mike Korbuly Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Deputy Mayor Pro -Tem Jason Dixon Staff Members Present: Chuck Springer, Executive Director of Administrative Services 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 Dudley Raymond, Parks and Recreation Director Kelly Neal, Finance Director January Cook, Purchasing Agent Doug Kowalski, Police Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor John Fowler with First Presbyterian Church of Prosper 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: Residents are invited to attend a dedication ceremony for Tucker Park this Thursday, September 27, at 9:00 a.m. The park is located next to the Central Fire Station on First Street. It was named in honor of Fire Chief Ronnie Tucker upon his retirement in 2017. The annual Community Picnic will be held this Saturday, September 29, from 4:00-7:00 p.m. in Frontier Park. Bethlehem Place will collect nonperishable food as part of their Page 1 of 6 "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 and Prosper Ladies Association will serve desserts. Activities include a petting zoo, pony rides, inflatable games, slides, and face painting. Families are encouraged to bring lawn chairs, blankets, and picnic supplies to this annual community event. On Tuesday, October 2, residents are encouraged to participate in National Night Out by spending the evening outside visiting with neighbors and Prosper's public safety personnel. This annual event was created to heighten awareness, and strengthen participation in local anti-crime efforts. Contact Officer Erin Hubbard for more information or to schedule a block party. The deadline to register to vote in the November 6 election is October 9. Residents are encouraged to make sure their voter registration is up to date. Contact the Collin County or Denton County Election offices for more information. Mayor Pro -Tem Vogelsang invited the public to attend the next Library Leadership Series on Thursday, October 4, where he will be the guest speaker. 4. Presentations. • Presentation of the National Procurement Institute's Achievement of Excellence in Procurement Award to members of the Town of Prosper Finance Department. (KN) Mayor Smith presented the award to Purchasing Agent January Cook. The Town has received this award for five consecutive years. '* Presentation by members of the Collin County Bond Committee. (RB) Brian Loughmiller, a member of the Collin County Bond Committee, presented information regarding the propositions for the November 6, 2018, Collin County Bond Election. 5. C N E TA N (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 — September 11, 2018 5b. Receive the July Financial Report. (KN) 5c. Consider and act upon adopting the FY 2018-2019 Prosper Economic Development Corporation budget. (MM) 5d. Consider and act upon a recommendation by the Prosper Economic Development Corporation for adoption of Tax Abatement Policy 2018. (MM) Page 2 of 6 5e. Consider and act upon accepting a grant through the Texas Department of Transportation for Special Traffic Enforcement Program (S.T.E.P.). (DK) 5f. Consider and act upon Ordinance No. 18-75 amending Appendix A, "Fee Schedule," of the Town's Code of Ordinances. (JW) 5g. Consider and act upon authorizing the Town Manager to execute an Agreement between the Town of Prosper, Texas, and VP Windsong Operations LLC, related to West Prosper Roads Agreement. (HW) 5h. Consider and act upon authorizing the Town Manager to execute a Commercial Lease between the Town of Prosper, Texas and Effie Christie, related to 101 Dylan Drive, Suite D, Prosper, Texas. (DR) 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(6)(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. CIJIZEN 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. James Dougherty, 440 Columbia Court, Prosper, spoke in opposition to a US 380 Bypass near Whitley Place. He requested the Town Council oppose any bypass alignment through Prosper that would affect Whitley Place. REGULAR ACEtjDA: 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 Chapter 1, Section 8, of the Zoning Ordinance, Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures, regarding Public Hearing and Notice. (Z17- 0021). (AG) Page 3 of 6 Planning Manager Alex Glushko presented this item before the Town Council. On June 26, 2018, the Town Council amended the Sign Ordinance, and removed the regulations for zoning signs from the Sign Ordinance. As a result, staff is proposing to establish the zoning sign regulations in the Zoning Ordinance with this amendment. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Councilmember Hodges made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 18-76 amending Chapter 1, Section 8, of the Zoning Ordinance, Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures, regarding Public Hearing and Notice. The motion was approved by a vote of 6-0. DEPARTMENT ITEMS: 8. Consider and act upon a resolution finding that financing qualified projects pursuant to the PACE Act is a valid public purpose, and calling a public hearing on October 23, 2018, to consider establishment of a PACE program in the Town of Prosper. (CS) Chuck Springer, Executive Director of Administrative Services, introduced Charlene Heydinger, President of the Texas PACE Authority, who presented this item before the Town Council. The Texas legislature approved a new law in 2013 establishing the Property Assessed Clean Energy (PACE) Act. The law allows local governments to voluntarily establish PACE programs that enable commercial, industrial, agricultural, nonprofit, and multifamily property owners to voluntarily tie the obligation to repay the cost of energy and water efficiency improvements to their property with a property assessment. The PACE program is a voluntary tool that enables owners to lower their operating costs and pay for eligible improvements with the savings generated, taking advantage of affordable, long-term financing provided by private capital providers. The PACE program has currently been adopted by 13 counties and five individual cities in Texas. After discussion, Councilmember Miller made a motion and Councilmember Andres seconded the motion to adopt Resolution No. 18-77 finding that financing qualified projects pursuant to the PACE Act is a valid public purpose, and calling a public hearing on October 23, 2018, to consider establishment of a PACE program in the Town of Prosper. The motion was approved by a vote of 6-0. 9. Consider and act upon authorizing the Town Manager to execute a Master Equity Lease Agreement between the Town and Enterprise FM Trust, related to a fleet management program; an Amendment to Master Equity Lease Agreement to convert from an operating lease to a capital lease; an Amendment to Master Equity Lease Agreement to address Texas local government codes; an Addendum to Master Equity Lease Agreement to ensure self-insurance; a Maintenance Management and Fleet Rental Agreement and a Maintenance Agreement, related to vehicle repairs and service. (KN) Finance Director Kelly Neal presented this item before the Town Council. Staff has reviewed options for the Town to implement a full spectrum fleet management program consistent with the philosophy of the Town's Vehicle and Equipment Replacement Fund Page 4 of 6 (VERF) policy. This program provides acquisition of all general fleet vehicles that are vetted through the VERF Subcommittee based on Enterprise's recommendation for replacement. It does not cover replacement of specific public safety vehicles such as fire trucks and ambulances. The program also authorizes the Town to utilize their full maintenance program that will track all repairs and maintenance on the vehicles, roadside assistance, real-time alerts, mileage tracking, and provide access to their broad network of approved service companies. After discussion, Councilmember Miller made a motion and Councilmember Korbuly seconded the motion to authorize the Town Manager to execute a Master Equity Lease Agreement between the Town and Enterprise FM Trust, related to a fleet management program; an Amendment to Master Equity Lease Agreement from an operating lease to a capital lease; an Amendment to Master Equity Lease Agreement to address Texas local government codes; an Addendum to Master Equity Lease Agreement to ensure self- insurance; a Maintenance Management and Fleet Rental Agreement and a Maintenance Agreement, related to vehicle repairs and service. The motion was approved by a vote of 6-0. 10. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between Collin County and the Town of Prosper concerning the construction of the First Street (DNT Intersection Improvements) project. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Collin County is currently constructing the Southbound DNT Frontage Road project that includes improvements at the intersection of First Street and the DNT. The Town is currently designing the ultimate intersection improvements at First Street and the DNT. To avoid any additional costs to the Town for reconstructing improvements that Collin County has currently planned to construct with the Southbound DNT Frontage Road project, and to expedite the construction of the Town's project, it is mutually beneficial to incorporate the construction of the First Street (DNT Intersection Improvements) project into the County's project. Collin County has agreed to manage the construction change order with the contractor to facilitate the Town's project with commitment from the Town to pay for the increase in construction costs associated with the change order. After discussion, Mayor Pro -Tem Vogelsang made a motion and Councilmember Hodges seconded the motion to authorize the Town Manager to execute an Interlocal Agreement between Collin County and the Town of Prosper concerning the construction of the First Street (DNT Intersection Improvements) project. The motion was approved by a vote of 6-0. 11. QE FCtlTIVE 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: Ila. 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 12. 13. 14. The Town Council recessed into Executive Session at 7:17 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 8:34 p.m. No action was taken as a result of the Executive Session. Councilmember Miller left the meeting at 8:35 p.m. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. « Frontier Park Cell Tower Location Update. (AG) Mr. Glushko reviewed the proposed location for a cell tower in Frontier Park. The Council concurred with staff's recommendation to locate the tower in the northwest corner of the Frontier Park soccer field. Adjourn The meeting was adjourned at 8:50 p.m., on Tuesday, September 25, 2018. These minutes approved on the 9th day of October 2018. o11111111"',� OF P 6, : ATTtES « Robyn Batt , Town Secretary APPROVED: Ray�smt , Mayor -' Page 6 of 6