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05.27.2014 Town Council MinutesMINUTES Regular Meeting of the O F Prosper Town Council Prosper Municipal Chambers EX 108 W. Broadway, Prosper, Texas Tuesday, May 27, 2014 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 -Tern Meigs Miller Deputy Mayor Pro -Tern Kenneth Dugger Councilmember Michael Korbuly Councilmember Mike Davis Councilmember Jason Dixon Council Members Absent: Councilmember Curry Vogelsang, Jr. 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, Development Services Director Matt Richardson, Senior Engineer Frank Jaromin, Public Works Director Kent Austin, Finance Director January Cook, Purchasing Agent 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor John Fowler 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 next phase of Prosper's road modernization is to begin on Monday, June 2, as asphalt reconstruction of First Street from Coleman Street to the Dallas North Tollway is set to begin. Work on Coit Road from First Street to Frontier Parkway will undergo the same asphalt reconstruction process. As with First Street, traffic will be required to adhere to one-way movement. During the Coit Road reconstruction, traffic on the affected portion will only move in a northerly direction. Once the reconstruction of First Street is complete, crews will move to Coleman Street and complete an asphalt Page 1 of 9 reconstruction on that road between Broadway Street and Prosper Trail. The goal is to complete the three street projects during the summer vacation. Tomorrow morning, Channel 5 will air a story about a Prosper 6th grade student who was surprised this morning with a ride in Engine 1 to Rogers Middle School by the Prosper Fire Department. Brooks Capel showed tremendous integrity by returning money that was lost during the Fire Department's annual "Fill the Boot" campaign to raise money for the Muscular Dystrophy Association. Congratulations to Brooks on a job well done. The Prosper Town Council would like to congratulate Seniors of Prosper High School, who will celebrate graduation at their commencement ceremony this Friday, May 30. We wish all of the graduates success in their future endeavors. Councilmember Dixon expressed condolences to a local family who had recently lost their mother to a brain aneurism, and asked the Town to keep the family in their thoughts. 4. Presentations. • Presentation by a 6th Grade English Class from Rogers Middle School regarding "The Prosper Project." Toni Shreve, a 6th grade teacher at Rogers Middle School, presented information to the Town Council on a recent class project to identify the most desirable businesses in Prosper. Tyler Wendon, a student from one of the classes, read his letter to the Council. Ms. Shreve presented the Town Council with copies of the letters that some of the other students had written. • Presentation of a Proclamation to Pastor Jack Graham of Prestonwood Baptist Church. Pastor Graham was unable to attend, and the Proclamation will be delivered to him at a later date. • Presentation of a Certificate of Appreciation to former Councilmember Danny Wilson. Mayor Smith presented a Certificate of Appreciation to former Councilmember Danny Wilson, and read a letter from Mr. Wilson's former coach, Barry Switzer, under whom he played football at the University of Oklahoma. The Town Council congratulated Mr. Wilson on his service to the Council and Mr. Wilson graciously thanked the Council and the community for his opportunity to serve. • Presentation by a member of the Prosper Historical Society regarding a future Prosper Veterans Memorial. Jack Dixon, representing the Prosper Historical Society and the Veterans Memorial Committee, offered a presentation to the Town Council about a potential Page 2 of 9 Veterans Memorial. Funding options and an appropriate location are still being researched. 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 — May 13, 2014 • Special Meeting to Canvass Election — May 19, 2014 5b. Receive the April 2014 Financial Report. (KA) 5c. Receive the Quarterly Investment Report for the quarter ending March 31, 2014. (KA) 5d. Consider and act upon awarding CSP No. 2014-23-B to Vanguard Modular Buildings, LLC, for the purchase of a modular building for Public Works. (JC) 5e. Consider and act upon ratifying the selection of Mario Sinacola & Sons Excavating, Inc., for conduit work performed on Preston Road; and authorizing payment. (JC) 5f. Consider and act upon Ordinance No. 14-31 rezoning 878.9± acres, located on the southeast and southwest corners of Prosper Trail and Dallas Parkway, from Planned Development-3 (PD-3), Planned Development-14 (PD-14), Planned Development-23 (PD-23), Planned Development-34 (PD-34), Single Family-10 (SF-10), Single Family-12.5 (SF-12.5), Office (0), and Commercial Corridor (CC) to Planned Development -Single Family/Office/Retail (PD-SF/O/R). (Z13-0018). (CC) 5g. Consider and act upon Ordinance No. 14-32 rezoning 621.1± acres, located on the northeast and northwest corners of U.S. 380 and Preston Road, from Planned Development-2 (PD-2), Planned Development-3 (PD- 3), Planned Development-13 (PD-13), Agricultural (A), and Single Family- 15 (SF-15) to Planned Development -Single Family- 10/Townhome/Multifamily/Office/Retail/Commercial (PD-SF-10/TH/MF/O/ R/C). (Z09-0013). (CC) 5h. 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) Page 3 of 9 Deputy Mayor Pro -Tern Dugger made a motion and Mayor Pro-Tem Miller seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 6-0. 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.) Comments by the Public: Ron Underwood, 8A Rhea Mills Circle, Prosper, spoke in support of the Veterans Memorial park which Mr. Dixon had spoken about previously. Irwin "Cap" Parry, 850 Kingsview Drive, Prosper, read portions of the Town of Prosper's Comprehensive Plan, and indicated that he believes that the Town needs to re-evaluate the amount of retail zoning that is already in place compared to the Comprehensive Plan when making zoning decisions. Ken Weaver, 1480 Beacon Hill Drive, Prosper, submitted written comments and questions related to the April 2014 Financial Report, specifically regarding delinquent taxes. PRESENTATIONS (CONTINUED): • Presentation of a Plaque of Appreciation to the family of former Mayor F. K. Mullendore. Mrs. Genevieve ("Gene") Mullendore, Jerry Mullendore, and several members of the Mullendore family were present to receive a plaque in honor of former Mayor F. K. Mullendore. 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 for a Specific Use Permit (SUP) for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road. The property is zoned Office (0). (S14-0002). (CC) Page 4 of 9 Development Services Director Chris Copple presented this item before the Town Council. The request is for a Specific Use Permit for a Child Day Care Center. Mr. Copple reviewed the criteria to be considered in determining the validity of a SUP request, as well as Town staff's responses for each. The request satisfies all criteria for SUP approval. The Planning and Zoning Commission recommended approval, and Town staff recommended approval as well. Mr. Copple answered questions from the Town Council regarding screening and landscape requirements. Mayor Smith opened the Public Hearing The applicant addresses the Council, and agreed to add additional landscape screening around the dumpster area. With no one else speaking, Mayor Smith closed the Public Hearing. Deputy Mayor Pro -Tern Dugger made a motion and Councilmember Korbuly seconded the motion to approve a request for a Specific Use Permit (SUP) for a Child Day Care Center on 1.4± acres, located on the north side of Richland Boulevard, 400± feet west of Coit Road, with additional landscaping and screening around the dumpster area retaining wall as on the site plan. The motion was approved by a vote of 6-0. DEPARTMENT ITEMS: 8. Consider and act upon the election of a Mayor Pro-Tem and Deputy Mayor Pro- Tem. (RB) Mayor Smith made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to nominate Meigs Miller as Mayor Pro-Tem. The motion was approved by a vote of 6-0. Mayor Smith made a motion to nominate Kenneth Dugger as Deputy Mayor Pro-Tem. Councilmember Korbuly asked to be considered for the position of Deputy Mayor Pro- Tem. Mayor Pro-Tem Miller seconded Mayor Smith's motion to nominate Kenneth Dugger as Deputy Mayor Pro-Tem. The motion was approved by a vote of 4-2. 9. Consider and act upon an ordinance approving the Water Conservation and Drought Contingency and Water Emergency Response Plan for the Town of Prosper, amending article 13.05, "Water Conservation and Drought Contingency and Water Emergency Response Plan," of Chapter 13, "Utilities," of the Town's Code of Ordinances, and amending Appendix A of the Town's Code of Ordinances by adding thereto a new section XVII, "Water Conservation and Enforcement Fees." (FJ) Public Works Director Frank Jaromin presented this item before the Town Council. The North Texas Municipal Water District (NTMWD) and the Texas Commission on Environmental Quality (TCEQ) require the Town to update the plan periodically. Currently, the Town is using a four -stage program for water conservation. NTMWD is transitioning to a three -stage program, which some Towns have already adopted. The Town of Prosper has chosen to delay implementation of the three -stage program until NTMWD returns to Stage 1. At that point, the Town Council will consider Page 5 of 9 implementing the three -stage plan. The changes that will be implemented with the updated plan are the addition of Administrative Fees for violations, and discontinuing the use of Evapotranspiration (ET) Controllers as part of the water conservation program. Public Works will implement an education and public awareness campaign to notify the public of the updated plan. Mr. Jaromin answered a question from the audience related to violations by HOA-owned property. Mr. Jaromin responded that the HOAs, as well as other individual customers who have high usage, will be notified to determine if the meter reading is correct, if a leak it present, or if the water usage is accurate. Town Manager Harlan Jefferson indicated that the Town does not intend to implement the Administrative Fees until the Town is being charged extra fees by NTMWD. This ordinance is intended to put processes in place in the event that NTMWD implements increased fees on the Town due to noncompliance with water usage reductions. The Town's goal is to utilize technology, rather than additional staff, to identify violators, in order to reduce the cost and increase the efficiency of enforcement. Mayor Smith recognized the following individual who requested to speak: Ann Lieber, 1190 Crooked Stick, Prosper, asked what the goal is for being in compliance with NTMWD's 10% reduction. Mr. Jaromin responded that the reduction is a stipulation of the Town's contract with NTMWD, and if the Town exceeds its allowed water usage, it may be subject to significant fees. Mr. Jefferson added that although Lake Texoma is scheduled to be back online by June, Lake Chapman's water supply has been significantly exhausted. Council discussed adjustments to the Administrative Fee structure and enforcement efforts. Mayor Smith recognized the following individual who requested to speak: Ken Weaver, 1480 Beacon Hill, Prosper, questioned why the ordinance is being put in place, when the Town does not intend to enforce it. The Council responded that the intent is not to enforce right away, but to put an ordinance in place in the event that it becomes necessary to enforce water conservation restrictions. After discussion, Mayor Pro -Tern Miller made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 14-33 approving the Water Conservation and Drought Contingency and Water Emergency Response Plan for the Town of Prosper, amending article 13.05, "Water Conservation and Drought Contingency and Water Emergency Response Plan," of Chapter 13, "Utilities," of the Town's Code of Ordinances, and amending Appendix A of the Town's Code of Ordinances by adding thereto a new section XVII, "Water Conservation and Enforcement Fees," as represented by the following, to be administered during the same water conservation stage: First Offense: Courtesy tag warning Second Offense: Certified letter with warning Third Offense: $100 Administrative Fee Fourth Offense and Subsequent Offenses: $300 Administrative Fee The motion was approved by a vote of 6-0 Page 6 of 9 10. Consider and act upon an amendment to the Capital Improvement Plan (CIP) for the Southwest Corner of Frontier Park Practice Fields project. (MR) Matt Richardson, Senior Engineer, presented this item before the Town Council. Town staff has been directed to proceed with the design of park improvements at the southwest corner of Frontier Park to maximize practice field space. In January, the Town Council approved a CIP amendment creating and allocating funds for the project. Tonight's item is to increase the budget for the project from $292,000 to $440,000 due to increases in the scope of the project, including increased turf, irrigation and grading, and the removal of the sand volleyball court. The cost increase will be funded from the Park Dedication Fees Fund. The project does not include lighting, or batting cages. Hulon Webb, Executive Director of Development and Community Services, and Town Manager Harlan Jefferson answered questions from Council regarding the current plan to light the fields in Frontier Park. Lighting is not included in the scope of the proposal for the southwest corner at this time, but Town staff had planned to add lighting systematically pursuant to the CIP plan, the Parks & Recreation and Open Space Master Plan, and as funding became available. Town Council expressed an interest in adding lighting to the southwest corner as part of the current project. Town staff was directed to initiate a change order with Superscapes, upon approval of the bid award, to lay conduit for lighting on the southwest corner. An additional CIP amendment would need to be brought before Council at a future meeting to identify funding options, and a proposed timeline, so that a firm may be hired for the construction of lighting at the southwest corner of Frontier Park at a later date. After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to approve an amendment to the Capital Improvement Plan (CIP) in an additional amount of $148,000 for the Southwest Corner of Frontier Park Practice Fields project. The motion was approved by a vote of 5-1. 11. Consider and act upon awarding Bid No. 2014-35-B to Superscapes, Inc., related to construction services for the Southwest Corner of Frontier Park Practice Fields, and authorizing the Town Manager to execute same. (PN) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Superscapes was determined to be the lowest bidder. None of the alternate bid items are recommended by Town Staff. Mr. Webb answered questions from the Town Council on the alternate bid items, including the batting cages and irrigation controllers. After discussion, Councilmember Korbuly made a motion and Councilmember Dixon seconded the motion to approve awarding Bid No. 2014-35-B to Superscapes, Inc., in the amount of $381,566.75, related to construction services for the Southwest Corner of Frontier Park Practice Fields, and authorizing the Town Manager to execute same. The motion was approved by a vote of 5-1. 12. Consider and act upon an Ordinance amending Section XIII, "Parks and Recreation User Fees," of Appendix A to the Town's Code of Ordinances by adding a new subsection (c) thereto relative to fees for the use of athletic facilities for tournaments, camps, and clinics. (JS) Page 7 of 9 Julie Shivers, Recreation Services Coordinator, presented this item before the Town Council. Ms. Shivers reviewed the proposed fees for Tournaments, Camps, and Clinics, and compared the proposed fees to those of the surrounding communities. The Town Council expressed concern about the availability of fields to co -sponsored organizations if fields are made available to non co -sponsored organizations. After discussion, Councilmember Korbuly made a motion and Councilmember Davis seconded the motion to adopt Ordinance No. 14-34 amending Section XIII, "Parks and Recreation User Fees," of Appendix A to the Town's Code of Ordinances by adding a new subsection (c) thereto relative to fees for the use of athletic facilities for tournaments, camps, and clinics. The motion was approved by a vote of 6-0. 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 551.074. - To discuss appointments to the Planning & Zoning Commission, Parks & Recreation Board, Prosper Economic Development Corporation Board, Board of Adjustment, Construction Board of Appeals, and Library Board. 13d. 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 8:45 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 9:57 p.m. Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro -Tern Dugger seconded the motion to appoint Brian Barnes to fill the vacancy and complete the unexpired term for Place 1 on the Planning and Zoning Commission due to the resignation of Bruce Carlin. The motion was approved by a vote of 5-1. 15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Page 8 of 9 1 1 The Town Council directed staff to follow up with Mr. Weaver to address his specific questions about the April Financial Report. Town staff was directed to provide information on the cost of the installation of conduit in the southwest corner of Frontier Park, and to provide information to Council on previous discussions of the subject. 16. Adjourn. The meeting was adjourned at 10:00 p.m., on Tuesday, May 27, 2014. These minutes approved on the 10th day of June, 2014. own Secretary APPROVED: i Ray Smith, Mator Page 9 of 9