11.12.2013 Town Council Minutesi
.,`�. MINUTES
Regular Meeting of the
TOWN OF Prosper Town Council
Prosper Municipal Chambers
R SPER 108 W. Broadway, Prosper, Texas
Tuesday, November 12, 2013
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro Tern Meigs Miller
Deputy Mayor Pro Tern Kenneth Dugger
Council Member Michael Korbuly
Council Member Curry Vogelsang
Council Member Danny Wilson
Council Member Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Chris Copple, Director of Development Services
Trish Eller, Code Enforcement Officer
Kent Austin, Finance Director
January Cook, Purchasing Agent
Ronnie Tucker, Fire Chief
Stuart Blasingame, Assistant Fire Chief
Kirk McFarlin, Police Chief
Gary McHone, Assistant Police Chief
Linda Shaw, Librarian
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Bo Thompson of Rhea's Mill Baptist Church led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Mayor Pro Tern Miller made the following announcements:
The Town of Prosper is accepting donations of new or gently -used coats and jackets to
benefit local citizens through Cornerstone North Central Texas. Donations may be
dropped off at Town Hall through November 29.
The Cockrell Elementary 4th grade choir will perform at Prosper's Fire Station this
Thursday, November 14, at 4:00 p.m. to thank our local Police and Fire personnel for
their service to the Town.
Page 1 of 8
The Prosper Ladies Association is hosting a Holiday Market Place Fundraiser at 3 R's
Ranch, located at 1695 N. Coit Road, on Monday, November 18, from 6:00-9:00 p.m.
The Prosper Ladies Association supports charitable causes in the Prosper community.
More information is available at www.r)rosi)erladiesassociation.com
The Friends of the Prosper Community Library are sponsoring a Holiday Reading
Competition from November 23 through January 1. The reading competition is open to
all students, pre-K through high school, in order to sharpen their reading skills over the
holiday breaks. Prizes will be awarded for each age group. Students can register at the
Prosper Community Library.
Prosper's Christmas Festival will "Light Up The Night" on Saturday, December 14, in
Downtown Prosper, starting at 4:00 p.m. and concluding with a fireworks show at 8:00
p.m. The annual Prosper Rotary Christmas Parade will open the festivities, which will
also include a food and toy drive, Christmas lights, entertainment, activities, food, and of
course, Santa Claus.
Council Member Korbuly announced that the Prosper Youth Soccer Association will hold
a canned food drive on Saturday, November 16. Donations may be dropped off at
Frontier Park from 8:00 a.m. to 1:00 p.m., and will benefit Bethlehem Place and the
Celina Food Bank.
4. Presentations.
• Presentation by members of a Texas Woman's University Business Class
regarding a marketing plan project for the Community Library.
Keyon Chapuredima, Linda Vara, Cynthia Ramirez, and Chaniece Small
presented information to Council regarding community needs for a library, costs
to residents for using libraries outside of Prosper, and grant opportunities for
funding. The students recommended that the Town pursue building a library for
the Town.
• Presentation about the Smart911 system, by a company representative, which is
being provided as an enhanced service for the Town of Prosper through our
Dispatch Center.
Chris McDonough presented information about the Smart911 system which the
Town has recently added. Smart911 allows residents to create a safety profile
for their household to provide detailed information to dispatchers and first
responders in the event of an emergency. Mr. McDonough answered questions
from the Town Council and the audience regarding handling non-traditional
addresses, the cost for the service, and the coverage area for the service.
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.)
Mayor Pro Tern Miller requested that Items 5d, 5e, and 5f be removed from the Consent
Agenda.
Page 2 of 8
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
• Regular Meeting — October 22, 2013
5b. Consider and act upon authorizing the Town Manager to execute an amendment
to the Interlocal Agreement between Collin County and the Town of Prosper,
extending the agreement through FY 2013-2014, relating to Animal Control
Services. (JC)
5c. Consider and act upon authorizing the Town Manager to execute an amendment
to the Interlocal Agreement between Collin County and the Town of Prosper,
establishing the service fee for FY 2013-2014 relating to Animal Sheltering
Services. (JC)
5g. Receive the Quarterly Investment Report for the quarter ending September 30,
2013. (KA)
Mayor Pro Tern Miller made a motion and Deputy Mayor Pro Tern Dugger seconded the
motion to approve Items 5a, 5b, 5c, and 5g. The motion was approved by a vote of 7-0.
5d. Consider approval of the purchase of one backhoe loader for the Public Works
Department, from RDO Equipment Company, through the Texas Local
Government Purchasing Cooperative. (JC)
5e. Consider approval of the purchase of three public safety rated sport utility
vehicles for the Police Department, from Holiday Chevrolet, through a Tarrant
County contract. (JC)
5f. Consider approval of the purchase of five pick-up trucks for Community and
Development Services, from Sam Pack's Five Star Ford, through the Houston -
Galveston Area Council (HGAC) Cooperative Purchasing Program. (JC)
January Cook responded to questions from the Town Council, noting that the backhoe
loader, sport utility vehicles, and pick-up trucks that are under consideration have been
approved in the FY 2013-2014 budget, and the costs for each item are within the
budgeted amounts. After discussion, Mayor Pro Tern Miller made a motion and Deputy
Mayor Pro Tern Dugger seconded the motion to approve Items 5d, 5e, and 5f. 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.)
Mayor Smith recognized the following individuals who requested to speak:
Brad Bisaillon, 1350 Cedar Lake Drive, Prosper, spoke on behalf of several residents in
the Lakes of La Cima area in favor of creating a four-way stop at Buffalo Springs Drive
and Cedar Lake Drive. The intersection does not meet the requirements for a four-way
stop; however, Mr. Bisaillon is requesting an exception. He provided handouts to the
Page 3 of 8
Town Council in support of his request. Mr. Jefferson stated that Town staff will continue
to work with area residents to address line -of -site and safety issues at the intersection.
Ron Underwood, 8A Rhea Mills Circle, Prosper, spoke regarding the designation of bond
funds for the repair of roads in Rhea Mills Estates. He questioned whether the bond
funds had been reallocated to other projects, as there has been very little improvement
of the roads in the Rhea Mills area since 2012. Mr. Underwood emphasized the
deteriorating conditions of the roads in his neighborhood. He urged the Town Council to
focus on improving the streets in Rhea Mills Estates, and to designate the funds needed
to do so.
Irwin "Cap" Parry, 850 Kingsview Drive, Prosper, spoke regarding the railroad crossing
at Prosper Trail. He proposed that the Town Council consider constructing a "cutout" in
the median on both sides of the crossing to allow vehicles to reverse direction in the
event that the intersection is blocked.
Rodney Vaughn, 1701 Honey Brooke Lane, Prosper, owns property at 208 W. Fifth
Street. The property is currently zoned for Office use. Mr. Vaughn is requesting a
Special Use Permit in order to build a home on the site.
Monte Taylor, 33A Rhea Mills, Prosper, inquired as to when an action item would be
placed on a future Town Council agenda in response to Mr. Underwood's comments.
He had also sent an inquiry to the Town Council two years ago questioning the funding
for road improvements in his neighborhood. He stated that the street in front of his
home had collapsed, and property values were declining in the area.
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 a request to rezone 12.3± acres,
located on the east side of future Windsong Parkway and the terminus of future Acacia
Parkway, to amend Planned Development-40 (PD-40), Exhibit C, Section 1(f)(a)(C).
(Z13-0017). (CC)
Chris Copple, Development Services Director, presented this item before the Town
Council. The request is to make a minor amendment to the Planned Development to
allow the use of a unique exterior building material for the Windsong Ranch community
amenity center. The request allows for up to 40% of the exterior fagade to consist of Ipe,
a Brazilian hardwood. The Zoning Ordinance allows for secondary materials other than
masonry to consist of a total of 10% or less. The site plan and PD amendment request
have been approved by the Planning & Zoning Commission. The request only applies to
the amenity center. No other portions of PD-40 are included in the request. Town staff
does not support approval of the request.
Page 4 of 8
Mayor Pro Tern Miller made a motion and Deputy Mayor Pro Tern Dugger seconded the
motion to open the Public Hearing. The motion was approved by a vote of 7-0.
With no-one wishing to speak, Mayor Pro Tern Miller made a motion and Council
Member Wilson seconded the motion to close the Public Hearing. The motion was
approved by a vote of 7-0.
David Blom, representing Terra Verde Group, made a presentation to the Town Council
in support of the request. Mr. Blom reviewed the history of the Windsong Ranch project,
the concept plan for the project, and schematic drawings of the proposed amenity center
using Ipe as a secondary material. He provided samples of the wood for Council to
inspect. The purpose of the request to use the alternate material is to provide a unique
and different exterior fagade to the building that is aesthetically appealing and requires
minimal maintenance. Chris Anderson, the architect for the project, and Mr. Blom
answered questions about installation of the product, maintenance requirements, and
the selection process for this particular material. Mayor Pro Tern Miller stated that
though he does not object to the use of the material, he would prefer to have all minor
modification to PD-40 be done at one time, rather than have the developer continue to
come to the Town Council for minor PD amendments. Mr. Copple confirmed that Town
staff's recommendation for denial was based on the fact that it does not conform to the
current ordinance.
After discussion, Mayor Pro Tern Miller made a motion and Council Member Korbuly
seconded the motion to approve a request to rezone 12.3t acres, located on the east
side of future Windsong Parkway and the terminus of future Acacia Parkway, to amend
Planned Development-40 (PD-40), Exhibit C, Section 1(f)(a)(C). The motion was
approved by a vote of 7-0.
DEPARTMENT ITEMS:
8. Consider and act upon authorizing the Town Manager to execute an agreement between
Wiginton Hooker Jeffry Architects P.C., and the Town of Prosper, related to architectural
and engineering design services for Prosper Fire Department Station No. 2; and
authorizing use of the construction manager at risk contracting method for construction.
(RT/JC)
January Cook, Purchasing Agent, presented this item before the Town Council. Ms.
Cook addressed the selection process and the construction method that is being
requested for this project. The Town requested Statements of Qualifications (SOQ) from
qualified firms, and received sixteen responses. An initial evaluation committee
comprised of six members representing the fire department evaluated each firm based
on the evaluation criteria contained in the SOQ. A second committee comprised of
seven staff members representing the Fire Department, Police Department,
Development and Community Services, and Purchasing, further reviewed the three top -
ranked firms. Staff interviewed the top -ranked firm, and negotiated the scope of work
and fee for services required for this project. Ms. Cook also reviewed the construction
manager at risk contracting method, which allows the construction manager of the
project to participate in all phases of design and construction, and to hire and oversee
subcontractors for a portion of the work, providing the best value for the Town. Fire
Chief Ronnie Tucker answered questions from the Town Council about the budget for
personnel for the current Fire Station, and the estimated budget for personnel for Fire
Station No. 2. The design is expected to be complete in 5 or 6 months, and the
Page 5 of 8
construction should be completed in one and a half years. Town staff recommended
approval of this item.
Deputy Mayor Pro Tern Dugger made a motion and Council Member Vogelsang
seconded the motion to authorize the Town Manager to execute an agreement between
Wiginton Hooker Jeffry Architects P.C., and the Town of Prosper, related to architectural
and engineering design services for Prosper Fire Department Station No. 2; and
authorize use of the construction manager at risk contracting method for construction.
The motion was approved by a vote of 7-0.
9. Consider and act upon authorizing the Town Manager to execute a Letter Agreement
between TVG Texas I, LLC, and the Town of Prosper, related to the dedication and
grading of the Teel Parkway Fire Station Site. (CC)
Chris Copple presented this item before the Town Council. In 2007, the Town Council
approved a preannexation agreement to allow for the annexation of the land currently
known as Windsong Ranch. This agreement requires the developer, TVG Texas I, LLC,
to dedicate up to 7 acres of property for public facilities at no cost to the Town. This
location for this dedication is a 2.736-acre site for the future Teel Parkway Fire Station.
In order for the site to be appropriate for a fire station, the developer will grade the
property and remove the entire site from the 100-year floodplain, at no cost to the Town.
The Planning & Zoning Commission approved a conveyance plat dedicating the site to
the Town. The Letter Agreement requires the developer to submit grading plans and a
flood study to the Town no later than November 30, 2013. Town staff recommended
approval of this item.
Council Member Korbuly made a motion and Council Member Wilson seconded the
motion to authorize the Town Manager to execute a Letter Agreement between TVG
Texas I, LLC, and the Town of Prosper, related to the dedication and grading of the Teel
Parkway Fire Station Site. The motion was approved by a vote of 7-0.
10. Consider and act upon a resolution expressing official intent to reimburse costs that may
be incurred for Town capital expenditures in connection with the design and construction
of a fire station from proceeds of bonds issued subsequent to paying such costs. (KA)
Kent Austin, Finance Director, presented this item before the Town Council. The
proposed Resolution allows the Town to pay for new fire station design costs from
existing funds now and be reimbursed later when bonds are sold. The fire station is part
of the FY 2014 Capital Improvements Program (CIP) intended to be funded by bonds;
$300,000 for design is included in FY 2014. The reimbursement resolution references
the entire $2,965,000 of bond -funded projects in the FY 2014 CIP.
Council Member Vogelsang made a motion and Deputy Mayor Pro Tem Dugger
seconded the motion to adopt Resolution No. 13-61 expressing official intent to
reimburse costs that may be incurred for Town capital expenditures in connection with
the design and construction of a fire station from proceeds of bonds issued subsequent
to paying such costs. The motion was approved by a vote of 7-0.
11. 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 6 of 8
1la. 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.
11 c. Section 551.071. Consultation with Town Attorney regarding legal issues
associated with Appendix A of the Town of Prosper Code of Ordinances, and all
matters incident and related thereto.
11 d. Section 551.071. Consultation with Town Attorney regarding legal issues
associated with proposed extraterritorial jurisdiction release, and all matters
incident and related thereto.
The Town Council recessed into Executive Session at 7:48 p.m.
Mayor Smith left the Executive Session at 9:07 p.m.
Mayor Smith returned to Executive Session at 9:16 p.m.
12. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 9:20 p.m.
No action was taken as a result of Executive Session.
13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Staff was directed to bring an item forward on a future Town Council agenda to
revisit the CIP priorities regarding road projects.
• Staff was directed to look into the feasibility of constructing a cutout at the
railroad crossing at Prosper Trail.
• Truck route discussion. (KM)
Police Chief Kirk McFarlin reviewed the Town's proposed truck route map.
Currently, the Town has an established truck route on Frontier Parkway from Preston
Road to Dallas Parkway. The Proposed truck route would include all of Frontier
Parkway, Prosper Trail, and First Street, from Custer Road to Dallas Parkway. Staff
was directed to proceed with the truck route plan as proposed.
• Roadway lighting standards and policy discussion. (HW)
Development and Community Services Director Hulon Webb discussed the
standardization of thoroughfare lighting within the Town, and offered some examples
of lighting fixtures used in Prosper and surrounding communities. Staff requested
direction from Council both on the preferred design of the fixtures and whether the
Town should pursue continuous lighting along major thoroughfares, or only at major
Page 7 of 8
intersections. Town staff was directed to bring roadway lighting options back as an
agenda item in January.
14. Adjourn.
Council Member Korbuly made a motion and Council Member Wilson seconded the
motion to adjourn the meeting at 9:37 p.m., on Tuesday, November 12, 2013. The
motion was approved by a vote of 7-0.
These minutes approved on the 10th day of December, 2013.
ATT T:
WSecreta
Ro yn Ba e, Tow
E
r
APPROVED:
/►n� Ie7)
Ray Smith(, Mayor
Page 8 of 8