01.28.2014 Town Council Minutes1
ITOWN OF
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Curry Vogelsang, Jr.
Councilmember Danny Wilson
Councilmember Jason Dixon
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, January 28, 2014
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
Kent Austin, Finance Director
Doug Kowalski, Interim Police Chief
Gary McHone, Assistant Police Chief
Wayne Snell, Building Official
Trish Eller, Code Compliance Officer
2. 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 led by Cub Scout Den
#4 from Pack 289.
3. Announcements of upcoming events.
Councilmember Vogelsang made the following announcements:
The Town Council welcomes Cub Scout Den #4, from Pack 289, to tonight's meeting to
lead the pledge of allegiance and the Texas pledge. The scouts are working on their
"Law is a Big Job" badge.
Prosper's Parks & Recreation Trout Derby will be held on Saturday, February 22, from
9:00 — 11:00 a.m. at Frontier Park. This free activity encourages youth to learn about
fishing, and provides a fun way for families to spend time together. Prizes for various
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age groups will be awarded, and raffle items and door prizes will be provided by local
sponsors. Contact Julie Shivers with the Parks & Recreation Department for more
information.
The North Texas Municipal Water District will conduct free chlorine maintenance of its
distribution system from February 17 through March 17. During this time, the Town's
water may have an altered taste, but this will not affect the water's quality or purity. The
Texas Commission on Environmental Quality allows water suppliers to perform this
maintenance, which reduces the need to flush systems during the warm weather
periods, thus conserving water. While a few water customers might detect a change in
the taste and odor of the water during the maintenance period, the water will continue to
be safe.
For the second time in three years, the Town of Prosper
Level award from the Texas Comptroller Leadership Circle.
online financial transparency from the Texas Comptroller
attained a perfect 20 out of 20 score. The Town was jud
officially adopted budget, annual financial report, chec
Congratulations to Town Manager Harlan Jefferson, Finan,
the Finance Department staff for their commitment to opi
keeping residents informed of the Town's financial picture.
Proclamation.
has been granted the Gold
This is the highest award for
of Public Accounts. Prosper
ged on criteria including the
< register, and web page.
,e Director Kent Austin, and
snness and transparency in
• Presentation of a Proclamation declaring February 7-14, 2014, as Congenital
Heart Defect Awareness Week.
Mayor Smith presented
Mended Little Hearts of
congenital heart defects.
CONSENT AGENDA:
a Proclamation to Melissa Hansen and another member of
Dallas, a support group for families of children affected by
(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 — January 14, 2014
5b. Receive the November 2013 financial report. (KA)
5c. Receive the December 2013 financial report. (KA)
5d. 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. (CC)
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Mayor Pro-Tem
motion to apprc
vote of 7-0.
Miller made a motion and Deputy Mayor Pro-Tem Dugger seconded the
ve all items on the Consent Agenda. The motion was approved by a
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:
Dr. Phyllis Hoffschwelle, 2640 Glen Haven Court, Prosper, spoke regarding the Prosper
Ladies Association, which was formed in 2013. She presented information on the
Association's membership, activities and fundraisers, including their Boots & Bling event
to be held on Saturday, March 29.
There were no other 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.)
DEPARTMENT ITEMS:
7. Consider and act upon awarding Bid No. 2014-29-B to Quality Excavation LTD.,
related to the construction services for the 2"d Upper Plane 30/24-Inch Treated
Water Pipeline; and authorizing the Town Manager to execute same. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. This project will create a second water transmission
line out of the newly expanded Custer Road Pump Station, to the corner of First Street
and Coit Road. The existing water line at first and Coit will be extended north to connect
to the line feeding the Quail Lake subdivision.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember
Korbuly seconded the motion to award Bid No. 2014-29-B to Quality Excavation LTD., in
the amount of $3,599,581.00; and authorize the Town Manager to execute a
Construction Services Contract Agreement between Quality Excavation LTD., and the
Town of Prosper related to construction services for the 2nd Upper Plane 30/24-Inch
Treated Water Pipeline. The motion was approved by a vote of 7-0.
8. Consider and act upon an ordinance repealing and replacing Chapter 2 of the
Code of Ordinances regarding Animal Control. (TE)
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Code Compliance Officer Trish Eller presented this item before the Town Council. The
proposed ordinance would update the Town's animal control standards to include
several regulations typically found in animal control ordinances from surrounding cities.
During the 2013 Strategic Planning Session, updating the Town's animal control
ordinance was identified as a major initiative related to maintaining safety and security
within the Town. Ms. Eller reviewed some of the proposed amendments to the
ordinance, and answered questions from the Town Council related to the number of
animals allowed on a piece of property and regulations regarding the keeping of
livestock. Terry Welch confirmed that all residents would be required to be in
compliance with the ordinance once it has been adopted and published. Misty Brown
from Collin County Animal Services was present and answered questions about animal
control services provided by the county, and reported that the county receives
approximately 20-40 animal complaint calls per month from Prosper residents. The
county works with the Town's Code Compliance Officer to respond to animal complaints
and issues.
Mayor Smith recognized the following individual who requested to speak. -
Janet Tharp, 1227 Chandler Circle, Prosper, spoke in favor of this item. She explained
her concerns regarding livestock being kept on her neighbor's property.
After discussion, Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro -Tern
Dugger seconded the motion to approve Ordinance No. 14-05 repealing and replacing
Chapter 2 of the Code of Ordinances regarding Animal Control. The motion was
approved by a vote of 7-0.
9. Update on threat analysis for Prosper ISD campuses. (DK)
Interim Police Chief Doug Kowalski presented this item before the Town Council. A
threat assessment will be conducted at each Prosper ISD campus and facility located
within the Town. This is the first joint effort between the Town of Prosper Police
Department and Prosper ISD personnel to conduct this type of assessment, which will
be conducted on a regular basis going forward.
This was an informational item only, and no action was taken.
10. Discussion on Collin County Discretionary Funding Call for Projects. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. Collin County has identified $15 million of
discretionary funding from the 2007 transportation bond program that is available to
municipalities for transportation improvements. The Town is required to provide
matching funds for any projects that receive funding. Town staff recommended two
projects: the reconstruction of Coleman Street from Prosper Trail to Prosper High
School, and the widening of Coleman Street across the south edge of Prosper High
School resulting in a four -lane divided roadway. Mr. Webb presented an additional
option to request funding for the design of improvements to the southbound service road
of the Dallas North Tollway. Council also discussed other options, including extending
Coleman Street to Preston Road.
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Mayor Smith recognized the following individual who requested to speak:
Chris Blair, 841 Sibyl Lane, Prosper, asked about other options that Town staff
considered, and recommended that the Council pursue projects other than the Dallas
North Tollway that would have more of a local impact.
Ann Lieber, 1190 Crooked Stick Drive, Prosper, questioned whether funding from SH
121 could be used to fund improvements to the Dallas North Tollway service road, rather
than County funding.
Matt Richardson, Senior Engineer addressed the question by stating that there has not
been a call for projects to use SH 121 toll money, and explained the benefits of
requesting funding for the design of the Dallas North Tollway service road.
Jack Dixon, 810 Long Valley Court, Prosper, inquired about future plans for Talon Lane,
and Mr. Webb responded.
Town staff was directed to submit the following projects to Collin County in response to
the Collin County Discretionary Funding Call for Projects:
• Coleman Street (Prosper Trail to Prosper High School & Prosper High School
to Preston Road): Reconstruct an existing two-lane 20' wide asphalt roadway as a
two-lane 24' wide undivided (one-half of ultimate four -lane divided) concrete roadway
from Prosper Trail to the southern boundary of Prosper High School. Construct a
new two-lane 24' wide undivided (one-half of ultimate four -lane divided) concrete
roadway on a new alignment from the east boundary of Prosper High School to
Preston Road.
• Coleman Street (at Prosper High School): Widen an existing two-lane 24' wide
undivided (one-half of ultimate four -lane divided) concrete roadway to a four -lane
divided roadway across the frontage of Prosper High School.
• Dallas North Tollway Southbound Frontage Road (US 380 — Frontier Parkway),
Engineering Only: Conduct engineering design for two southbound lanes of the
Dallas North Tollway Frontage Roads from Frontier Parkway to US 380, including
intersection improvements at Frontier Parkway, Prosper Trail, and First Street.
11. Discussion on street light standards for the Town's thoroughfares and the
Downtown Enhancements Project. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. Town staff has researched options for decorative
street light options to be placed in the medians of the Town's thoroughfares, as well as
lighting options for the downtown area through the Downtown Enhancements Project.
The Town Council selected the "Omega" design for thoroughfare lighting. Bill Hays from
the Prosper Historical Society was present, and recommended the "Heritage" style for
the downtown area. The Town Council directed staff to move forward with the "Omega"
style for thoroughfare lighting and the "Heritage" style for the downtown area.
12. Discussion on Alcohol Permit Fees. (RB)
Town Secretary Robyn Battle presented this item before the Town Council. The Town's
local option elections allow for the sale of alcohol in permitted areas within the Town.
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The current Town ordinance authorizing a local permit fee was adopted in 2006. Ms.
Battle reviewed the fees that a typical establishment in the Town of Prosper would pay to
TABC and to the Town for alcohol permits under the current TABC fee schedule, and
presented the results of a survey to determine which municipalities in the area also
charge local permit fees. The benefits of charging a fee versus not charging a fee were
discussed. Town staff was directed to bring the item and proposed ordinances to either
amend the fee ordinance or discontinue the fees back to the Town Council at the
February 11 Town Council meeting.
Mayor Smith recognized the following individuals who requested to speak:
Chris Blair, 841 Sibyl Lane, Prosper, encouraged the Town Council to consider the effect
the ordinance may have on small business owners.
Ann Lieber, 1190 Crooked Stick, Prosper, spoke in opposition to continuing the permit
fee.
13. 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:
13a. Section 551.087. To discuss and consider economic development incentives.
13b. 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.
13c. 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 8:15 p.m.
14. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 8:30 p.m.
No action was taken as a result of Executive Session.
15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Update to Building Codes. (WS)
Wayne Snell, Building Official, presented information on increasing the wind load
requirement for new residential construction with the adoption of the 2012 Building
Codes. Staff was directed to increase the wind load requirement in the proposed
update to the Building Codes.
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• Cement Truck Ordinance Discussion. (DK)
Interim Police Chief Doug Kowalski updated the Town Council on a proposed
ordinance related to the spillage of concrete from concrete truck on Town roadways.
Chief Kowalski reviewed the details of the ordinance. Two representatives from local
concrete companies were present to answer questions related to their current
procedures. Both representatives support the ordinance, with the exception of the
requirement for a reflective surface on the chute of the truck. The Town Council
directed staff to change the ordinance to reflect this suggestion, and to bring the
ordinance back to the Town Council for adoption at a future meeting.
16. Adjourn.
The meeting was adjourned at 8:45 p.m., on Tuesday, January 28, 2014.
These minutes approved on the 11th day of February, 2014.
APPROVED:
P4.4
A
Ray Smith, ayor
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