05.28.2019 Town Council Minutesi
TOWN OF
SPE
Prosper is a place where everyone matters.
AGENDA BRIEFING
1. 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-Tem Jason Dixon
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
MINUTES
Agenda Briefing and Regular Meeting of the
Prosper Town Council
Prosper Town Hall
Council Chambers
200 S. Main Street
Prosper, TX 75078
Tuesday, May 28, 2019
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
Pete Anaya, Assistant Director of Engineering Services — Capital Projects
Frank Jaromin, Public Works Director
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
January Cook, Purchasing Agent
Dudley Raymond, Parks and Recreation Director
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
2. Questions about items listed on the Regular Meeting Agenda.
Regarding Item 5e, the Council questioned whether the project was consistent with the
overall Downtown road improvement strategy. Public Works Director Frank Jaromin
referred to a list of road projects that was developed in 2007. Most of the projects will be
completed within two years. Town staff will hold public meetings and place door hangers
to notify residents in the area about the upcoming project.
3. Discussion Items:
• Discussion on Prosper Downtown Live! (DR)
Parks and Recreation Director Dudley Raymond briefed the Council on the event held
on May 24. Town staff estimates the event had 1,800-2,000 in attendance. Overall,
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the event was successful with no major medical or police incidents, although the high
winds prevented the bounce houses from setting up. Transportation ran smoothly, as
did food and beverage service, although some of the food trucks ran out of supplies.
Town Manager Harlan Jefferson complimented the staff for their work on the event.
No decision was made on whether the event would be repeated next year.
The Agenda Briefing was adjourned at 6:10 p.m.
THE REGULAR TOWN COUNCIL MEETING WILL CONVENE IN COUNCIL
CHAMBERS IMMEDIATELY FOLLOWING THE AGENDA BRIEFING, AT
APPROXIMATELY 6:15 P.M.
1. Call to Order/Roll Call.
The meeting was called to order at 6:15 p.m.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler with First Presbyterian Church of Prosper led the invocation. The
Pledge of Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of recent and upcoming events.
Councilmember Ray read the following announcements:
The Prosper Town Council would like to thank everyone who attended Downtown Live! on
Friday night to celebrate our newly -revitalized downtown area. Guests enjoyed food,
drinks, entertainment and live music throughout the evening.
Early voting for the Runoff Election for Town Council Place 4 began today, and will
continue through June 4. Election Day is June 8. Collin County voters may vote in the
Community Room in Prosper Town Hall, and Denton County voters may vote at Prosper
Fire Station 2. Election information is available on the Town website.
The Prosper Community Library's Summer Reading Program kicks off on May 30 and
continues through July 25. Please check the Town website or visit the Library to sign up,
and to find out more about summer programs.
Registration is now open for Prosper's summer recreation programs, sports, and activity
camps, including Drama Camp, 3D Printing, Robotics, Archery, and Tennis. Sign up at
www. ProsperParksandRec.orq.
The Prosper Town Council would like to congratulate the Prosper High School Class of
2019. This year's senior class celebrated their graduation on Saturday, May 25, at The
Star in Frisco. Our best wishes to the 2019 graduates and their families.
4. Presentations.
• Presentation of a Proclamation to members of the Prosper Eagle Lacrosse
Team declaring May 28, 2019, as "Prosper Eagle Lacrosse Day."
The Prosper Eagle Lacrosse Team received the Proclamation from Mayor Smith,
as well as congratulatory letters from the entire Town Council.
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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. 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
a "Public Meeting Appearance Card" and present it to the Town Secretary prior to
the meeting.
5a. Consider and act upon minutes from the following Town Council meeting.
(RB)
• Special Meeting to Canvass Election — May 13, 1019
• Regular Meeting — May 14, 2019
5b. Receive the March Financial Report (KN)
5c. Receive the Quarterly Investment Report (KN)
5d. Consider and act upon authorizing the Town Manager to execute a
Professional Services Agreement and a Business Associate Agreement
between Columbia Medical Center of Plano Subsidiary, L.P., dba Medical City
Plano, and the Town of Prosper, Texas, related to medical director/control
services; and authorizing the Town Manager to execute same. (SB)
5e. Consider and act upon awarding Bid No. 2019-49-B to DDM Construction
Corporation, related to construction services for the East Fifth Street, North
Street, Lane Street,and Related Water Lines project; and authorize the Town
Manager to execute a construction agreement for same. (FJ)
5f. Consider and act upon awarding Bid No. 2019-55-B to Anderson Asphalt &
Concrete Paving, LLC, related to construction services for the Miscellaneous
Asphalt Patching project; and authorizing the Town Manager to execute a
construction agreement for same. (FJ)
5g. Consider and act upon approving Resolution No. 19-33 supporting the U.S.
Census Bureau's 2020 Decennial Census program and pledging
participation in local initiatives including a Complete Count Committee. (AG)
Councilmember Hodges made a motion and Councilmember Miller seconded the
motion to approve all items on the Consent Agenda. 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.
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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.
ITEMS FOR INDIVIDUAL CONSIDERATION:
7. Discussion on the Downtown Monument Sign. (DR)
Dudley Raymond, Parks and Recreation Director, introduced Landscape Architect Paul
Naughton who provided some background on the Downtown Monument Sign Project. Mr.
Naughton introduced Lenny Hughes with Halff Associates, the architect for the project.
Mr. Hughes reviewed the latest schematic designs for the monument. The Council
discussed the various designs, and provided direction to move forward with design 3.1.
The final Downtown Monument Sign design will be repeated in various forms throughout
the Town at key intersections. Mr. Raymond confirmed that Halff Associates will finalize
the monument design, and Town staff will begin the process of applying for permits,
securing escrow funds from Brown & Griffin per the escrow agreement, and preparing
construction documents. No further action was taken.
8. Consider and act upon amending Ordinance No. 18-71 (FY 2018-2019 Budget) and
Capital Improvement Plan. (KN)
9. Consider and act upon approving a Guaranteed Maximum Price (GMP) Amendment,
First Amendment to Addendum A133 of the Standard Form of Agreement AIA
Document A133-2009, and First Amendment to Addendum A210 of the General
Conditions of the Contract for Construction AIA Document A201-2007 between
Pogue Construction Co., L.P., and the Town of Prosper, related to Construction
Manager -At -Risk services for the Town of Prosper Public Safety Complex Phase 1
(Police Station and Dispatch) Facility; and authorizing the Town Manager to execute
same. (DK)
Mayor Smith opened Items 8 and 9 concurrently.
Hulon Webb, Director of Engineering Services, presented this item before the Town
Council. Mr. Webb reviewed the history of the project and budget estimates since
September 2017 when the project was approved as part of the Town's Capital
Improvement Plan. The current estimated cost for the construction, professional services,
development costs, Furniture, Fixtures, and Equipment (FFE), and contingency funds is
reflected in the CIP summary as $15,859,696.
Finance Director Kelly Neal confirmed that funding for the project has come from the
General Fund as well as issued and planned debt. Staff recommended to the Finance
Subcommittee on March 26, 2019, that additional project funding of $1.3 million be funded
from the General Fund fund balance. The Finance Subcommittee approved this
recommendation. Staff has since reviewed all completed projects with cost savings as well
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as interest earned on current debt proceeds. Those funding sources have been applied to
this project and have reduced the General Fund fund balance contribution to $1,131,293.
Mr. Webb confirmed the current square footage for the facility is 23,359. The Council
questioned the cost of the enhancements and alternate items that have been added to the
project, expressing concern about the increase in the overall cost of the project. Mr. Webb
updated the Council on the project timeline. Construction is expected to commence in
June 2019, with substantial completion in August 2020 and an expected move -in date in
October 2020.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Andres
seconded the motion to approve Ordinance No. 19-34 amending Ordinance No. 18-71
(FY 2018-2019 Budget) and Capital Improvement Plan to provide funding increase
expenditures for capital projects from appropriated funds. The motion was approved by a
vote of 7-0.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the
motion to approve a Guaranteed Maximum Price (GMP) Amendment, First Amendment
to Addendum A133 of the Standard Form of Agreement AIA Document A133-2009, and
First Amendment to Addendum A210 of the General Conditions of the Contract for
Construction AIA Document A201-2007 between Pogue Construction Co., L.P., and the
Town of Prosper, related to Construction Manager -At -Risk services for the Town of
Prosper Public Safety Complex Phase 1 (Police Station and Dispatch) Facility; and
authorizing the Town Manager to execute same. The motion was approved by a vote of
7-0.
10. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Alliance Geotechnical Group, and the Town of
Prosper, Texas, related to construction materials testing for the Town of Prosper
Public Safety Complex Phase 1 (Police Station and Dispatch) Facility project. (HW)
Hulon Webb, Engineering Services Director, presented this item before the Town Council.
Alliance Geotechnical Group will provide construction materials testing for the earthwork,
lime stabilized subgrade, drilled shaft installation, reinforcing steel, cast -in -place concrete,
masonry, and structural steel for the Public Safety Complex Phase 1 (Police Station and
Dispatch) Facility project. Mr. Webb confirmed the contract amount is $114,177.50.
Responding to a question from the Town Council regarding overtime payments, Fire
Marshal Bryan Ausenbaugh noted that while the project may be managed to minimize
overtime, it will be impossible to avoid it altogether.
After discussion, Councilmember Miller made a motion and Councilmember Andres
seconded the motion to authorize the Town Manager to execute a Professional Services
Agreement between Alliance Geotechnical Group, and the Town of Prosper, Texas,
related to construction materials testing for the Town of Prosper Public Safety Complex
Phase 1 (Police Station and Dispatch) Facility project. The motion was approved by a
vote of 7-0.
11. Consider and act upon approving Change Order Number 01 for Bid No. 2019-26-B
to Mario Sinacola 81 Sons Excavating, Inc., related to construction services for the
E-W Collector Roadway Improvement project; and authorizing the Town Manager
to execute Change Order Number 01 for same. (PA)
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Pete Anaya, Assistant Director of Engineering Services — Capital Projects, presented this
item before the Town Council, In March 2019, Mario Sinacola & Sons Excavating, Inc.
was awarded the bid for the E-W Collector Roadway Improvement project, which also
included the construction of a 12" water line from DNT to Cook Lane and up Cook Lane
to the north to connect to an existing water line. Since that time, the Town has adopted
new lime depth requirements based on the newly adopted subgrade standards that were
not included in the specifications for the project. Additionally, Town staff has added
sanitary sewer stub outs to the scope of the project, and a portion of the future extension
of a water line down Cook Lane from the E-W Collector to First Street was extended to
the proposed southern driveway of the Police Station. In order to facilitate the timing of
the Police Station project, a temporary access road will now be constructed down Cook
Lane from where it ends today to the Public Safety Complex property.
After discussion, Councilmember Hodges made a motion and Councilmember Andres
seconded the motion to approve Change Order Number 01 for Bid No. 2019-26-B to Mario
Sinacola & Sons Excavating, Inc., related to construction services for the E-W Collector
Roadway Improvement project; and authorize the Town Manager to execute Change
Order Number 01 for same. The motion was approved by a vote of 7-0.
12. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Teague Nall and Perkins, Inc., and the Town of
Prosper, Texas, related to the design of Fishtrap Road (Sections 1 and 4) and the
schematic design of Fishtrap Road (Elementary to DNT) project. (PA)
Pete Anaya, Assistant Director of Engineering Services — Capital Projects, presented this
item before the Town Council. This project is for the design of Fishtrap Road from east of
Teel Parkway to the west side of the new middle school (Segment 1) and from the east
side of the new middle school to Legacy Elementary School (Segment 4). Each segment
will be widened from a two-lane asphalt road to a four -lane concrete curb and gutter
divided roadway. The design is being coordinated with the Prosper Independent School
District (PISD), which is designing and constructing Fishtrap Road adjacent to the new
middle school (Segments 2 and 3). In addition to the road design, Teague Nall and
Perkins will perform an alignment study, with schematics, for the segment of Fishtrap
Road from Legacy Elementary School to Dallas North Tollway. Town staff will coordinate
with PISD, as well as Spiars Engineering, which is designing the intersection of Fishtrap
and Teel, and Stantec Consulting Services, which is designing the traffic signal at Fishtrap
and Teel, since all four projects could be in some stage of construction at the same time.
After discussion, Councilmember Hodges made a motion and Councilmember Andres
seconded the motion to authorize the Town Manager to execute a Professional Services
Agreement between Teague Nall and Perkins, Inc., and the Town of Prosper, Texas,
related to the design of Fishtrap Road (Segments 1 and 4) and the schematic design of
Fishtrap Road (Elementary to DNT) project. The motion was approved by a vote of 7-0.
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.
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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 the Town Attorney about legal issues
associated with TABC and related permits for functions and events on Town
property, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 8:21 p.m.
14. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 8:58 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.
This item was not discussed.
16. Adjourn.
The meeting was adjourned
lgttl§:r5l8 p.m., on Tuesday, May 28, 2019.
These minutes appr.Ov Ax M 9,bay of June 2019.
•. ;APPROVED:
191� 4Raym , Mayor
S
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ATTEST:. ' � i•T
Town Secretary
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