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05.14.2019 Town Council MinutesISPER MINUTES Regular Meeting of the OWN OF Prosper Town Council Prosper Town Hall Council Chambers 200 S. Main Street Prosper is a place where everyone matters. Prosper, TX 75078 Tuesday, May 14, 2019 AGENDA BRIEFING Call to Order/Roll Call. The meeting was called to order at 5:45 p.m. Council Members Present: Mayor Ray Smith Mayor Pro -Tern Curry Vogelsang, Jr. Deputy Mayor Pro -Tern Jason Dixon Councilmember Marcus E. Ray Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Robyn Battle, Town Secretary/PIO Hulon Webb, Engineering Services Director John Webb, Development Services Director Alex Glushko, Planning Manager Pete Anaya, Assistant Director of Engineering Services - Capital Projects Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director Dudley Raymond, Parks and Recreation Director Doug Kowalski, Police Chief Paul Boothe, Police Detective Stuart Blasingame, Fire Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Presentations. • Administration of Oaths -of -Office and Presentation of Certificates of Election (RB) Town Secretary/PIO Robyn Battle administered the Oath of Office to Ray Smith, Mayor, and Marcus E. Ray, Town Council Place 1. Mayor Pro -Tern Vogelsang presented a Certificate of Election to Mayor Smith, and Mayor Smith presented a Certificate of Election to Marcus E. Ray. Page 1 of 9 • Present a Plaque of Appreciation to Councilmember Michael Korbuly. (RB) Mayor Smith presented a Plaque of Appreciation to outgoing Councilmember Mike Korbuly, thanking him for his service from 2012-2019. Mr. Korbuly thanked the Town Council, Town staff, and the public for his opportunity to serve. 4. Consider and act upon approving a resolution strongly supporting the TxDOT Recommended Alignment presented by TxDOT at the May 6, 2019, Public Meeting for U.S. Highway 380 within the corporate limits of the Town of Prosper and acknowledging that the future expansion of U.S. Highway 380 will remain in its current alignment within the corporate limits of the Town, consistent with the Town's Thoroughfare Plan. (HW) Hulon Webb, Engineering Services Director, presented this item before the Town Council. He reviewed the history of Council action and regional discussion on the expansion of U.S. 380, and the multiple bypass options that have been presented. On May 6, 2019, TxDOT held a third round of public meetings to present the TxDOT Recommended Alignment, which does not include any bypass alignments that impact the current alignment of U.S. Highway 380 within the Town's corporate limits. Therefore, Town staff is recommending the Town Council adopt a fourth resolution supporting U.S. Highway 380 being a Controlled Access Highway, and expressing strong support for TxDOT's recommended alignment. Councilmember Miller made a motion and Councilmember Hodges seconded the motion to approve Resolution No. 19-24 strongly supporting the TxDOT Recommended Alignment presented by TxDOT at the May 6, 2019, Public Meeting for U.S. Highway 380 within the corporate limits of the Town of Prosper and acknowledging that the future expansion of U.S. Highway 380 will remain in its current alignment within the corporate limits of the Town, consistent with the Town's Thoroughfare Plan. The motion was approved by a vote of 7-0. 5. Conduct a Public Hearing and consider and act upon an ordinance amending the Thoroughfare Plan to designate US 380 from FM 1385 to FM 2478 (Custer Road) as a Controlled Access Highway, where typical right-of-way is 330 feet inwidth, and to identify intersections where a grade separation is intended. (CA19-0002). (AG) Planning Manager Alex Glushko presented this item before the Town Council. As a result of the TxDOT Recommended Alignment, the Town is proposing an amendment to the Thoroughfare Plan depicting US 380 as a Controlled Access Highway, where typical right- of-way is 330 feet in width, and grade separations are located at the intersection of all Major Thoroughfares (with the exception of FM 1385) and at the BNSF Railroad. Mayor Smith opened the Public Hearing. Matt Moore with Clay Moore Engineering addressed the Council on the topic, noting his concerns with how the Thoroughfare Plan will impact landowners along the U.S. 380 corridor. With no one else speaking, Mayor Smith closed the Public Hearing. Mayor Smith postponed action on Item 5 until after the Executive Session. Page 2 of 9 6. Town Council Reception. (RB) The Town Council took a brief recess for the reception at 6:10 p.m. and reconvened the Regular Meeting at 6:30 p.m. 7. Announcements of recent and upcoming events. Councilmember Marcus E. Ray read the following announcements: The Prosper Police Department Community Safety Initiative will be held on Saturday, May 18, from 10:00 a.m.-noon at Frontier Park. Join the Prosper Police Officers for a morning of family fun, food and educational activities as we celebrate Police Week. The Prosper Library Summer Program schedule will be released on May 20. Keep an eye out for this year's summer theme. Please check the Town website for upcoming events. The Town of Prosper will host "Prosper Downtown Live!" on Friday, May 24, from 4:00- 11:30 p.m. in and around the grounds of Town Hall. The free event will feature live entertainment with local bands and musicians, followed by the Emerald City Band. The festival will include a kids activity zone and food and beverages for purchase. The Town Council invites everyone to come out and enjoy this celebration of our downtown area. More information is available at www.prosperdtlive.com Deputy Mayor Pro -Tern Jason Dixon announced the Prosper Eagle Lacrosse team won the state 6A Championship, 8. Proclamations. • Presentation of a Proclamation declaring May 2019 as Prosper Bike Month, and the third week of May as Prosper Bike to Work Week. (RB) Danny Wilson and Joel Hoback were present to receive the Proclamation, and presented the Town with a new bike rack and bike repair station to be placed in one of the Town parks. Presentation of a Proclamation to members of the Prosper Police Department declaring May 12-18, 2019, as Police Week, and declaring May 15, 2019, as Peace Officers Memorial Day. (RB) Mayor Smith presented the Proclamation to Police Chief Doug Kowalski and Detective Paul Boothe. �piel 0"_ 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. Zoning -related Public Hearing items on the Consent Agenda have received a unanimous recommendation for approval by the Planning & Zoning Commission, and no written opposition was received prior to the posting of this agenda. Those wishing to speak on a Public Hearing item on the Consent Agenda should complete Page 3 of 9 a "Public Meeting Appearance Card" and present it to the Town Secretary prior to the meeting. 9a. Consider and act upon minutes from the following Town Council meeting. (RB) -Regular Meeting - April 23, 2019 9b. Receive the February Financial Report (KN) 9c. Consider and act upon Resolution No. 19-26 authorizing the Town Manager to execute an application to the Collin County Parks & Open Space Project Funding Assistance Program for the construction of Whitley Place Trail (Power line Easement). (DR) 9d. Consider and act upon authorizing the Town Manager to execute an agreement between the North Central Texas Council of Governments (NCTCOG) and the Town of Prosper, Texas, concerning the Clean Fleets North Texas grant awarded to the town in March of 2019. (SB) 9e. Consider and act upon approving the purchase and installation of furniture for the Engineering Services Department, from Office Depot, Inc., through the National Intergovernmental Purchasing Alliance (National IPA) Cooperative; and authorizing the Town Manager to execute the Proposal and Terms and Conditions of Purchase for same; (HW) 9f. Consider and act upon authorizing the Town Manager to execute an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match between the Texas Department of Transportation, and the Town of Prosper, Texas, for the construction of additional turn lanes on FM 2478 between US 380 and FM 1461. (HW) 9g. Consider and act upon authorizing the Town Manager to execute an Escrow Agreement between Lowe's Home Centers, LLC, and the Town of Prosper, Texas, concerning the design and construction of a Northbound Left Turn Lane on FM 2478 (Custer Road) to serve the Prosper Lowe's Site. (HW) 9h. Consider and act upon Ordinance No. 19-27 rezoning 6.2± acres from Single Family-15 (SF-15) to Planned Development -Downtown Retail (PD-DTR), located on the southwest corner of Coleman Street and future McKinley Street. (219-0001). (AG) 9i. Consider and act upon authorizing the Town Manager to execute a Development Agreement between the Town of Prosper, Texas, and Goodwill Industries of Northeast Texas, related to onsite security personnel and unauthorized drop-offs of donated goods and materials. (AG) 9j. Consider and act upon Ordinance No. 19-28 amending the Future Land Use Plan from Medium Density Single Family to Retail & Neighborhood Services, generally located on the north side of Fishtrap Road, west of Legacy Drive. (CA19-0001). (Companion Case Z19-0002). (AG) Page 4 of 9 9k. Consider and act upon Ordinance No. 19-29 rezoning 9.1± acres from Agricultural (A) to Office (0), located on the north side of Fishtrap Road, west of Legacy Drive. (219-0002). [Companion Case CA19-0001] (AG) 91. 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 t,o Chapter 4, Section 1.5(C)(7) and 1.6(8)(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 Hodges made a motion and Councilmember Andres seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0. 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. Molly Jones, 2601 Lakeview Court, Prosper, spoke on behalf of the Prosper Historical Society, inviting the public to view the new exhibits in the Town Hall Lobby display cases. 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. 11. Conduct a Public Hearing and consider and act upon an ordinance rezoning 10.6± acres from Planned Development-23-Single Family (PD-23-SF) and Agricultural (A) to Planned Oevelopment-66 (PD-66), generally to incorporate the property and modify the PD-66 development standards, located on the north side of First Street, west of the Dallas Parkway. (219-0004). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The developer of Star Trail is proposing to incorporate 10.6± acres of newly acquired property into PD-66, as a Single Family Residential tract (Residential Tract 3). The 10.6± acres are currently zoned Agricultural and Planned Development-23 (PD-23). The addition of the 10.6± acres requires revisions to the PD-66 boundary survey and concept plan to incorporate the subject property. The development standards have been modified to increase the maximum number of single family homes in the development. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Page 5 of 9 After discussion, Deputy Mayor Pro -Tern Dixon made a motion and Councilmember Miller seconded the motion to approve the request to approve Ordinance No. 19-30 rezoning 10.6± acres from Planned Development-23-Single Family (PD-23-SF) and Agricultural (A) to Planned Development-66 (PD-66), located on the north side of First Street, west of the Dallas Parkway, generally to incorporate the property and modify the PD-66 development standards. The motion was approved by a vote of 7-0. 12. Consider and act upon a request for a Sign Waiver for the Windsong Ranch development, located on the northwest corner of Teel Parkway and Fishtrap Road to allow for an increase in the number and size of Subdivision Entry Signs. (MD19- 0005). 13. Consider and act upon a request for a Sign Waiver for the Windsong Ranch development, located on the southeast corner of Gee Road and Fishtrap Road to allow for an increase in the number and size of Subdivision Entry Signs. (MD19- 0004). (AG) Mayor Smith opened Items 12 and 13 concurrently. Planning Manager Alex Glushko presented both items concurrently before the Town Council. The applicant, Tellus Group, developer of Windsong Ranch, is requesting a waiver of the Sign Ordinance regulations in order to place twoSubdivision Entry Signs on a Homeowners Association (HOA) lot on the northwest corner of Teel Parkway and Fishtrap Road, and two Subdivision Entry signs on a second HOA lot on the southeast corner of Gee Road and Fishtrap Road. For each location, the applicant is requesting increased sign area for one of the signs. The applicant is also proposing enhanced landscaping in conjunction with the proposed Subdivision Entry Signs. The proposed landscaping is above and beyond the requirement for Thoroughfare Screening. The signs will be owned and maintained by the subdivision. Justin Craig, representing the applicant, Tellus Group, spoke in favor of both requests. After discussion, Mayor Pro -Tern Vogelsang made a motion and Councilmember Hodges seconded the motion to approve a Sign Waiver for the Windsong Ranch development, located on the northwest corner of Teel Parkway and Fishtrap Road to allow for an increase in the number and size of Subdivision Entry Signs. The motion was approved by a vote of 7-0. Councilmember Miller made a motion and Councilmember Hodges seconded the motion to approve a Sign Waiver for the Windsong Ranch development, located on the southeast corner of Gee Road and Fishtrap Road to allow for an increase in the number and size of Subdivision Entry Signs. The motion was approved by a vote of 7-0. 14. Consider and act upon amending Ordinance No. 18-71 (FY 2018-2019 Budget) and Capital Improvement Plan. (KN) Finance Director Kelly Neal presented this item before the Town Council. The proposed budget amendment will provide additional budget authority for several Town projects, including the Police Station and Dispatch Facility, the design of Fishtrap Road, a traffic signal and intersection improvements at Teel Parkway and Fishtrap Road, professional services fees for a Hike & Bike Trail Master Plan, park facilities at PISD's Elementary School #11, and the S.H. 289/Preston Road Gateway Monument. The budget Page 6 of 9 amendment also captures donations and expenses related to the Fire Department's Special Revenue Fund. Ms. Neal explained the impact the proposed budget amendment would have on the Town's current fiscal year budget and fund balance. The Council requested additional information on the Police Station and Dispatch Facility project. After discussion, Deputy Mayor Pro -Tern Dixon made a motion and Councilmember Andres seconded the motion to approve Ordinance No. 19-31 approving the proposed budget amendment, excluding the budget amendment relative to the Police Station and Dispatch Facility. The motion was approved by a vote of 7-0. 15. Consider and act upon a resolution directing publication of notice of intention to issue Combination Tax and Surplus Revenue Certificates of Obligation for the purpose of funding costs associated with the construction of street improvements, park improvements, design and construction of a public safety facility, water infrastructure, including water distribution lines, and elevated storage tank in the Town. (KN) Finance Director Kelly Neal presented this item before the Town Council. Ms. Neal provided an overview of the projects for which the Certificates of Obligation will be used, and the timetable for the issuance of the Certificates of Obligation. Councilmember Miller made a motion and Councilmember Hodges seconded the motion to approve Resolution No. 19-32 providing for publication of notice of intent to issue certificates of obligation to finance the obligations associated with the aforementioned projects. The motion was approved by a vote of 7-0. 16. Consider and act upon awarding CSP No. 2019-37-8 to North Rock Construction, LLC. related to construction services for the State Highway 289 Gateway Monument Project, and authorizing the Town Manager to execute a construction agreement for same. (DR) Landscape Architect Paul Naughton presented this item before the Town Council. Town staff utilized a competitive sealed proposal process to obtain bids for the project, and evaluated additional value engineering options with the selected contractor, North Rock Construction . The final price includes everything in the original design, as well as the addition of LED lights that change colors, similar to Town Hall and the Gates of Prosper signs. The finished monument will have a 28-foot column, front sign wall, back blade wall, flag holders and lighting. The Council questioned the proposed completion date. Mr. Naughton responded that in addition to the 90 days for construction, Town staff also built in time to acquire the necessary permits from TxDOT, and to provide underground power lines to the monument site. After discussion, Deputy Mayor Pro -Tern Dixon made a motion and Mayor Pro -Tern Vogelsang seconded the motion to award CSP No. 2019-37-B to North Rock Construction, LLC. related to construction services for the State Highway 289 Gateway Monument Project, and authorize the Town Manager to execute a construction agreement for same. The motion was approved by a vote of 7-0. 17. Consider and act upon awarding Bid No. 2019-52-8 to McKee Utility Contractors, Inc., related to construction services for the Lower Pressure Plane Water Line Phase 18 Project; and authorizing the Town Manager to execute a Construction Agreement for the same. (PA) Page 7 of 9 Pete Anaya, Assistant Director of Engineering Services - Capital Projects, presented this item before the Town Council. The scope of this contract includes the construction, testing, and disinfection of 11,349 linear feet (LF) of 42" diameter pipe, 8,076 LF of 20" diameter pipe, 1,910 LF of 24" diameter pipe, and 480 LF of 36" diameter pipe, which is the continuation of the Town's master planned water system. Two types of large diameter pipe materials were bid in order to ensure competiveness. The first type was 'bar wrapped concrete cylinder pipe' and the other material was 'C200 polyurethane coated steel pipe.' The bar wrapped pipe proved to be most competitive. On the smaller diameter pipe two materials were bid in order to encourage competitive bids; PVC and Ductile Iron pipe. PVC proved to be the most competitive. The notice to proceed is anticipated to be issued in June 2019, with a contractual obligation of completion by April 2020. Mayor Pro -Tern Vogelsang made a motion and Councilmember Hodges seconded the motion to award Bid No. 2019-52-B to McKee Utility Contractors, Inc., related to construction services for the Lower Pressure Plane Water Line Phase 1 B Project; and authorizing the Town Manager to execute a construction agreement for the same. The motion was approved by a vote of 7-0. 18. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Stantec Consultant Services, Inc., and the Town of Prosper, Texas, related to the design of a Traffic Signal at Teel Parkway and Fishtrap Road. (PA) Pete Anaya, Assistant Director of Engineering Services - Capital Projects, presented this item before the Town Council. On August 28, 2018, the Town Council approved a Professional Services Agreement with Spiars Engineering, Inc. to design the completion of the Teel/Fishtrap intersection with two lanes and a left turn lane in all four directionsfor about 300 feet from the intersection. The intersection improvements should be bid for construction in the fall of 2019. Approval of this agenda item allows for the design of the traffic signal during the construction of the roadway intersection improvements. When the intersection improvements are near completion, the Town will bid the traffic signal improvements for installation. This approach provides for a seamless transition of the two projects. Councilmember Andres made a motion and Councilmember Miller seconded the motion to authorize the Town Manager to execute a Professional Services Agreement between Stantec Consulting Services, Inc., and the Town of Prosper, Texas, related to the design of a traffic signal at the intersection of Teel Parkway and Fishtrap Road. The motion was approved by a vote of 7-0. 19. 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: 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. Page 8 of 9 1 1 The Town Council recessed into Executive Session at 7:36 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 9:07 p.m. Mayor Smith re -opened Item 5. Mayor Pro -Tern Vogelsang made a motion and Councilmember Ray seconded the motion to table Item 5 indefinitely. The motion was approved by a vote of 7-0. 21. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. The Council inquired about placement of the Town's electronic sign to promote the Downtown Live! event on May 24, and staff responded. 22. Adjourn. The meeting was `ac gyjned at 9:12 p.m., on Tuesday, May 14, 2019. These mNtb\�e-roved-t1e, 8th day of May 2019. O • .. 'A = APPROVED: ['+ _ 191 Q Ray tmit, Mayor own Secretary Page 9 of 9