11.13.2018 Town Council Minutes$-tit
LOSPER
WN OF
Prosper is a place where everyone matters.
AGENDA BRIEFING
2.
3.
Call to Order/Roll Call.
The meeting was called to order at 5:45 p.m.
MINUTES
Meeting of the Prosper Town Council
Prosper Town Hall
Council Chambers
200 S. Main Street
Prosper, TX 75078
Tuesday, November 13, 2018
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon (arrived at 5:53 p.m.)
Councilmember Mike Korbuly
Councilmember Craig Andres (arrived at 6:16 p.m.
Councilmember Meigs Miller
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Robert Brown, 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
Megan Johnson, Health/Code Supervisor
Pete Anaya, Deputy Director of Engineering Services
Dudley Raymond, Parks and Recreation Director
Paul Naughton, Landscape Architect
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
Kala Smith, Human Resources Director
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Bryan Ausenbaugh, Fire Marshal
Questions about items listed on the Regular Meeting Agenda.
There was no discussion on this item.
Discussion Items:
■ Cellular Coverage Update. (HJ)
Town Manager Harlan Jefferson provided an update on recent improvements to
cellular service coverage within the Town, including a temporary cell tower in
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Windsong Ranch, and an antenna installed on the Artesia water tower. Council tabled
a request for an SUP for a cell tower in Frontier Park at the October 23, 2018, Town
Council meeting. At Council's request, Town staff approached Prosper ISD about
installing a tower originally intended for Frontier Park on the new football stadium.
Because the stadium is already under construction, adding a tower at this time is not
feasible, but Prosper ISD did offer to locate a tower near the new natatorium. Mr.
Jefferson notified the Council that if the Prosper ISD site is selected, it could delay
installation of the tower by another year. Mr. Jefferson reviewed the Town's cell service
site map which indicates preferred locations for cell towers within the Town. The
Council will consider an SUP for a cell tower in Frontier Park at the November 27,
2018, Town Council meeting.
• Broadband Service Update. (CS)
Chuck Springer, Executive Director of Administrative Services, updated the Town
Council on existing laws and regulations regarding cable and internet services, and
potential options for Town involvement in service improvements. He reviewed state
franchise laws and provided an overview of current service providers in Prosper.
Internet and cable service customer satisfaction levels are at an all-time low, and the
cable market is experiencing a continued reduction in subscribers. After reviewing
options, the Town Council provided direction to create a Council subcommittee
comprised of Town staff, Councilmember Korbuly, Councilmember Miller, and
Councilmember Andres to study the issue and make recommendations to the Town
Council.
REGULAR MEETING CONVENES IN COUNCIL CHAMBERS IMMEDIATELY
FOLLOWING AGENDA BRIEFING
Call to Order/Roll Call.
The Regular Meeting was called to order at 6:23 p.m.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Cedric White of Heart Fellowship Church 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 public is invited to kick off the Christmas season on Saturday, December 1, at Frontier
Park. The Prosper Rotary and Lions Club Christmas Parade starts at 1:30 p.m.
Community groups, civic organizations, scout troops, and businesses are encouraged to
participate. Proceeds from the parade will benefit the Cornerstone Christmas Toy Drive.
The Annual Prosper Christmas Festival will be held in Frontier Park immediately following
the parade. From 2:00-6:00 p.m., families can enjoy a traditional hometown celebration
with food trucks, rides, inflatables, community stage performances, Santa's Workshop,
and fireworks. Shuttle service will be provided from the High School to Frontier Park.
More information is available at www.orosr)erchristmasfestival.ora
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On Monday, December 3, the public is invited to a Town Hall Tree Lighting Ceremony at
6:00 p.m. Join the Mayor and Town Council members for some Christmas festivities as
we light the tree outside Town Hall.
The Town Council wished everyone a safe and happy Thanksgiving holiday.
Town Manager Harlan Jefferson introduced the Town's first budget video, featuring Mayor
Smith and several members of Town staff to discuss highlights of the Town's adopted
budget.
4. Presentations.
Presentation of a Proclamation to members of the Pulmonary Hypertension
Association proclaiming November 2018 as Pulmonary Hypertension
Awareness Month. (RB)
Mr. Gary Bruce was present to receive the Proclamation.
• Presentation by Members of the Prosper Fire Department on Fire Prevention
Month Education Programs. (SB)
Fire Chief Stuart Blasingame and several members of the Prosper Police Department
conducted a presentation on this year's fire education program entitled "The Safest
Show." The production features the P-Town Clownz with music, sets, and costumes,
and was presented at all of the Prosper ISD elementary schools this year to educate
children on fire safety.
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 — October 23, 2018
5c. Consider and act upon authorizing the Town Manager to execute a
Professional Service Agreement by and between the Town of Prosper,
Texas, and the Texas Property Assessed Clean Energy Authority. (CS)
5d. Consider and act upon authorizing the Town Manager to accept a grant
awarded by Texas Department of Public Safety (DPS) for Emergency
Management Performance Grant (EMPG). (KB)
5e. Consider and act upon authorizing the Town Manager to execute
Amendment Twelve to the Interlocal Agreement between Collin County and
the Town of Prosper, extending the agreement through FY 2018-2019,
relating to Animal Control Services. (JW)
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5f. Consider and act upon authorizing the Town Manager to execute
Amendment Twelve to the Interlocal Agreement between Collin County and
the Town of Prosper, extending the agreement through FY 2018-2019,
relating to Animal Sheltering Services. (JW)
5g. 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 Dixon removed Item 5b from the Consent Agenda.
Councilmember Miller 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 7-0.
5b. Consider and take action upon a resolution expressing official intent to
reimburse costs of Town capital improvement program projects that may be
funded with proceeds of bonds or other obligations, if those costs are paid
prior to the issuance of such bonds or other obligations. (KN)
Finance Director Kelly Neal confirmed the timeline for the issuance of the Town's general
obligation bonds.
After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember
Andres seconded the motion to approve Resolution No. 18-92 expressing official intent to
reimburse costs of Town capital improvement program projects that may be funded with
proceeds of bonds or other obligations, if those costs are paid prior to the issuance of such
bonds or other obligations. 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.
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.
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ITEMS FOR INDIVIDUAL CONSIDERATION:
7. Conduct a Public Hearing, and consider and act upon an ordinance amending
Chapter 3, Section 1, "Use of Land and Buildings," and Section 2, "Definitions," of
the Zoning Ordinance, regarding Stealth Antennas. (Z18-0014). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. Town staff
is recommending an amendment to the Zoning Ordinance, in order to clarify the allowance
and definition of stealth antennas. Currently, the Zoning Ordinance defines Stealth
Antennas as those which are "designed to be non -obtrusive or virtually transparent or
invisible to the surrounding neighborhood," and further references antennas located on
public utility structures. However, because the appearance of antennas located on
elevated storage tanks and the associated ground equipment screening devices are not
virtually transparent or invisible to surrounding neighborhoods, such wireless facilities
cannot be considered stealth. Staff is proposing to amend the Zoning Ordinance to clarify
these standards and remove any ambiguity regarding proposed wireless facilities on
public utility structures.
Mayor Pro -Tern Vogelsang made a motion and Deputy Mayor Pro-Tem Dixon seconded
the motion to approve Ordinance No. 18-93 amending Chapter 3, Section 1, "Use of Land
and Buildings," and Section 2, "Definitions," of the Zoning Ordinance, regarding Stealth
Antennas. The motion was approved by a vote of 7-0.
8. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific
Use Permit for Wireless Communication facilities, on 1.6± acres, located on the
Prosper Trail Elevated Storage Tank site, north of Prosper Trail, east of Shasta
Lane. The property is zoned Planned Development-70 (PD-70). (S18-0008).
(Companion to Item 9) (AG)
9. Consider and act upon authorizing the Town Manager to execute a Tower Site Lease
Agreement by and between the Town of Prosper, Texas, and Dallas MTA, L.P. d/b/a
Verizon Wireless, for the lease of Town property, located at Prosper Trail Elevated
Storage Tank (EST), for a cell tower. (Companion to Item 8) (KN)
Mayor Smith opened Items 8 and 9 concurrently.
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of this request is to allow for Wireless Communication and Support Structure
facilities on the Town's elevated water storage tank on Prosper Trail. The Specific Use
Permit shows three Wireless Communication antennas that would be placed on the
elevated tank by Verizon, and their associated 10' by 20' ground lease area on the north
side of the site. Vincent Huebinger, representing the applicant, Verizon Wireless,
continued the presentation with additional details and responded to questions from the
Council.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing
Deputy Mayor Pro -Tern Dixon made a motion and Councilmember Miller seconded the
motion to approve Ordinance No. 18-96 for a Specific Use Permit for Wireless
Communication facilities, on 1.6± acres, located on the Prosper Trail Elevated Storage
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Tank, north of Prosper Trail, east of Shasta Lane. The motion was approved by a vote of
7-0.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the
motion to authorize the Town Manager to execute a Tower Site Lease Agreement by and
between the Town of Prosper, Texas and Dallas MTA, L.P. d/b/a Verizon Wireless, for the
lease of Town property, located at Prosper Trail EST, for a cell tower. The motion was
approved by a vote of 7-0.
10. Presentation of service plan and second Public Hearing to consider the voluntary
annexation of 9.1± acres, generally located on the north side of Prosper Trail, 1,100±
feet west of Custer Road. (A18-0001). (Companion to Item 11) (AG)
Planning Manager Alex Glushko presented this item before the Town Council. In 2014,
the Town extended the five-year Annexation Agreement with the property owner, who at
that time, was Paul Gentry. In December 2017 the property was sold to the current
property owner, Chinmaya Mission DFW. In September 2018, Chinmaya Mission DFW,
submitted a petition to be voluntarily annexed by the Town, indicating an intent to develop
the subject property in the future. This is the second of two required public hearings. The
first public hearing was held on October 23, 2018, with no comments received.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
11. Consider and act on an ordinance annexing 9.1± acres, generally located on the
north side of Prosper Trail, 1,100± feet west of Custer Road. (A18-0001).
(Companion to Item 10) (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
property owner is requesting voluntary annexation of the property. Two public hearings
have been held in accordance with state law.
Councilmember Miller made a motion and Councilmember Hodges seconded the motion
to approve Ordinance No. 18-94 annexing 9.1± acres generally located on the north side
of E. Prosper Trail, 1,100± feet west of Custer Road. The motion was approved by a vote
of 7-0.
12. Consider and act upon an ordinance adopting the 2015 edition of the International
Fire Code with North Central Texas Council of Governments Option B
Recommended Amendments, local amendments, and to repeal certain provisions
contained in Ordinance No. 14-51 (existing fire code ordinance) not related to
residential fire suppression. (BA)
Fire Marshal Bryan Ausenbaugh presented this item before the Town Council. The 2015
International Fire Code establishes minimum requirements consistent with internationally
recognized good practices for providing a reasonable level of life safety and property
protection from the hazards of fire, explosion, or dangerous conditions in new and existing
buildings, structures and premises, and to provide safety to fire fighters and emergency
responders during emergency operations. The Town has been operating under the 2012
International Fire Code since 2014. As part of the current ISO evaluation, in an effort to
lower the Town's ISO score, the fire department must be within the two most current fire
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code cycles in order to receive credit. In order to maintain consistency with the cities of
Frisco, McKinney and Plano, Town staff recommends adoption of the 2015 International
Fire Code, with local amendments.
After discussion, Councilmember Korbuly made a motion and Councilmember Hodges
seconded the motion to approve Ordinance No. 18-95 adopting the 2015 edition of the
International Fire Code, including the North Central Texas Council of Governments
recommendations and local amendments, and to repeal certain provisions contained in
Ordinance No.14-51 not related to residential fire suppression. The motion was approved
by a vote of 7-0.
13. Consider and act upon authoring the Town Manager to execute the Amended and
Restated Potable Water Supply Contract between North Texas Municipal Water
District and the Town of Prosper, Texas. (FJ)
Public Works Director Frank Jaromin presented this item before the Town Council. He
reviewed the terms of the proposed contract, which includes penalties if the Town exceeds
its authorized rate of delivery. He reviewed the Town's water consumption statistics.
Town staff anticipates the next contract renewal to occur in September 2021.
After discussion, Councilmember Hodges made a motion and Councilmember Andres
seconded the motion authorizing the Town Manager to execute the Amended and
Restated Potable Water Supply Contract between North Texas Municipal Water District
and the Town of Prosper, Texas. The motion was approved by a vote of 7-0.
14. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Freese and Nichols, Inc., and the Town of Prosper,
Texas, related to the design of the Custer Road Pipeline and Meter Vault Relocation
project. (PA)
Pete Anaya, Deputy Director of Development and Community Services, presented this
item before the Town Council. This project will relocate the section of Prosper's 36-inch
Pipeline and Meter Vault outside the proposed right-of-way on the Custer Road Pump
station site to avoid conflicts with proposed utilities associated with the new roadway. The
new meter vault and electrical building will be designed in accordance with the North
Texas Municipal Water District's Meter Vault Standard. A new delivery point for the Town
of Prosper will be established east of the current location. The project generally consists
of providing TxDOT coordination, preliminary design, final design, construction contract
document, bid phase assistance and certain construction phase services for the project.
Councilmember Andres made a motion and Councilmember Korbuly seconded the motion
authorizing the Town Manager to execute a Professional Services Agreement between
Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the
Custer Road Pipeline and Meter Vault Relocation project. The motion was approved by
a vote of 7-0.
15. Discussion on Public Safety Complex, Phase 1 (Police Station and Dispatch)
Facility. (DK)
Police Chief Kowalski introduced Gary DeVries and Jason Cave with BRW Architects who
presented an update on the design of the Public Safety Complex. With the approval of
Pogue Construction as the Construction Manager -At -Risk (CMAR) for the project at the
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September 11, 2018, Town Council meeting, the CMAR has been working with the
architect to provide the construction cost estimate at milestones established in their
agreement. Over the past month, Town staff, the architect and the CMAR have been
working through the design and construction cost estimate to further refine the scope of
the baseline architectural version and enhanced architectural version for Town Council
consideration. The original estimate from the CMAR for the baseline architectural version
was more than the current construction budget and required value engineering to bring it
back into budget. Mr. DeVries and Mr. Cave presented the latest architectural renderings
of the facility along with specifics on the value engineering to bring the baseline version of
the facility into budget. They also provided the additional estimated construction cost to
facilitate the enhanced architectural version for Council direction moving forward. Roby
Bledsoe with Pogue Construction further explained the reasoning behind the current cost
estimate for the enhanced scheme, noting that further cost savings may be identified as
the project approaches 100% design. The Town Council will be presented with another
project update at the January 8, 2019, Town Council meeting.
16. Discussion on State Highway 289 Entry Monument. (DR)
Parks and Recreation Director Dudley Raymond presented this item before the Town
Council. Previous bids for the project have been significantly over the project budget.
Upon investigating other methods to reduce costs, Town staff is recommending utilizing
the Competitive Sealed Proposal (CSP) method of procurement to allow staff to award the
project to the contractor that offers the best value for the proposal. A CSP proposal will
be presented to the Town Council for consideration at a future meeting.
17. Discussion on Multifamily Rental Inspection Program. (JW)
Development Services Director John Webb presented this item before the Town Council.
Town staff is proposing the implementation of a multifamily inspection program that will
focus on the maintenance standards of multifamily units as a supplement to the Town's
Property Maintenance Code. Mr. Webb reviewed the terms of the proposed program,
which would ensure that multifamily developments meet minimum maintenance, health,
and safety conditions. Town staff will present a proposed ordinance for Town Council
consideration at the December 11, 2018, Town Council meeting.
18. Consider and act upon authorizing the Town Manager to execute an application for
renewal of Stop Loss Coverage with Blue Cross Blue Shield of Texas, effective
January 1, 2019. (KS)
Human Resources Director Kala Smith presented this item before the Town Council. The
Town of Prosper currently has stop loss coverage through Blue Cross Blue Shield (BCBS)
of Texas. Ms. Smith reviewed the renewal quote from BCBS for stop loss coverage for
2019 with Lance Pendley of McGriff, Siebels and Williams, the Town's benefits consultant.
Town staff recommended renewing stop loss coverage with BCBS.
After discussion, Councilmember Korbuly made a motion and Councilmember Andres
seconded the motion to authorize the Town Manager to execute an application for renewal
of Stop Loss Coverage with Blue Cross Blue Shield of Texas, effective January 1, 2019.
The motion was approved by a vote of 6-1, with Deputy Mayor Pro-Tem Dixon casting the
opposing vote.
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19. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 561.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
19a. Section 551.087 — To discuss and consider economic development
incentives.
19b. 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 8:41 p.m.
20. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:57 p.m. No action was taken as
a result of Executive Session.
21. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
No action was taken on this item.
22. Adjourn.
The meeting was adjourned at 9:57 p.m., on Tuesday, November 13, 2018.
These minutes app�r\a.\*V6Mit p/; t'' day of November 2018-
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Ray Smith Mayor
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Robyn Batre, Town Secretary
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