06.24.2014 Town Council MinutesTOWN OF
P I P E
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 5:01 p.m.
Council Members Present:
Mayor Ray Smith
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Curry Vogelsang, Jr.
Councilmember Jason Dixon
Council Members Absent:
Mayor Pro-Tem Meigs Miller
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 24, 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, Development Services Director
Matt Richardson, Senior Engineer
Frank Jaromin, Public Works Director
Kent Austin, Finance Director
Baby Raley, Human Resources Director
January Cook, Purchasing Agent
2. 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:
2a. Section 551.087 - To discuss and consider economic development
incentives.
2b. 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.
The Town Council recessed into Executive Session at 5:03 p.m.
Page 1 of 8
1
3. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 6:31 p.m. No action was
taken as a result of Executive Session.
4. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Steven Scifers led the invocation. The pledge of allegiance and the pledge to
the Texas flag were recited.
5. Announcements of upcoming events.
Councilmember Korbuly made the following announcements:
Due to the poor weather on Monday, TxDOT and Mario Sinacola have rescheduled
the closure of the Broadway and Preston Road intersection for Wednesday, June 25.
Asphalt crews will begin to resurface the intersection at 8:00 a.m., and the
intersection should reopen by Wednesday afternoon. Crews will begin work on the
asphalt transitions on Preston Road at the Prosper Trail and Frontier Parkway
intersections on Wednesday afternoon as well. Weather permitting, workers are
expected to complete both intersections by Thursday afternoon. Motorists should
anticipate minor delays at these intersections as flaggers direct traffic through the
work zones.
Weather permitting, Preston Road is scheduled to open on July 8. Beginning at 4:00
a.m., crews will begin shifting north -bound traffic to the new pavement. The traffic
shift should last about two hours, and motorists should anticipate slight delays. Traffic
between Prosper Trail and Frontier Parkway will be confined to two lanes until paving
is completed in Celina. South -bound motorists will use the existing single lane until
permanent striping can be completed. Weather permitting, the south -bound lanes are
expected to open by July 14.
Prosper residents are encouraged to complete an online survey to assist the Town in
updating its Parks, Recreation and Open Space Master Plan. The survey includes
questions about resident preferences on park usage, park facilities, and recreational
opportunities. The survey is available on the Town's website. Please contact Paul
Naughton, Landscape Architect, for more information.
The Town will host an informational meeting on West Nile Virus on Monday, June 30,
at 6:00 p.m. in Municipal Chambers. Residents will learn about the Town's efforts to
control mosquitoes, as well as practical ways to prevent the spread of the virus.
Contact Trish Eller, Code Compliance Officer, for more information.
Live & Prosper Magazine is hosting "Pride in the Sky" as part of its 2014 Summer
Series. This Independence Day celebration will take place on Thursday, July 3, from
5:00 to 10:00 p.m. at Frontier Park. Activities will include a charity softball game, car
show, music, food, games, and fireworks.
Page 2 of 8
6. Proclamations.
• Presentation of a Proclamation to a representative of The Initiative Cheer &
Gymnastics declaring June 27, 2014, as Olympic Day.
Samantha Dickey of The Initiative Cheer & Gymnastics was present to receive the
Proclamation.
7. 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.)
Deputy Mayor Pro-Tem Dugger removed Item 7f from the Consent Agenda.
7a. Consider and act upon minutes from the following Town Council
meeting. (RB)
• Regular Meeting — June 10, 2014
7b. Receive the May 2014 Financial Report. (KA)
7c. Consider and act upon authorizing the Town Manager to execute a
Storm Water Management Agreement between Prosper Partners, LP, and
the Town of Prosper, Texas, related to the construction of a detention
pond and pump to serve the Parks at Legacy development. (HW)
7d. Consider and act upon authorizing the Town Manager to execute a
Reservation of Rights and Encroachment on Easement Agreement
between Atmos Energy Corporation and the Town of Prosper, Texas,
related to the dedication of right-of-way for Mahard Parkway. (MR)
7e. Consider and act upon Ordinance No. 14-37 amending the Town's Future
Land Use Plan. (CA14-0001). (CC)
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly
seconded the motion to approve Items 7a through 7e on the Consent Agenda. The
motion was approved by a vote of 6-0.
7f. Consider and act upon Ordinance No. 14-38 amending 46.6± acres of
Planned Development-40 (PD-40), located on the northeast corner of Gee
Road and US 380. (Z14-0010). (CC)
Town Attorney Terrence Welch provided an amendment to the proposed motion.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Vogelsang
Seconded the motion to approve an ordinance amending 46.6± acres of Planned
Development-40 (PD-40), located on the northeast corner of Gee Road and US
Highway 380 (Z14-0010) subject to the following:
On Exhibit C to the proposed ordinance, Section 30), "Approval Process," shall be
deleted and a new subsection 0) added, to read as follows: "Lighting: On -site parking
Page 3 of 8
lot lighting shall include dimmers"; and a new subsection (k) added: "Screening:
Developer shall maintain three-foot berms for purposes of screening along Gee Road
and Windsong Ranch Parkway, and shall use best efforts to install berms along US
Highway 380."
The motion was approved by a vote of 6-0.
8. 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.)
Other Comments by the Public —
Irwin "Cap" Parry, 850 Kingsview, Prosper, encouraged the Town Council to limit the
amount of commercial development, noting that the amount of tax revenue from
residential development would be comparable to that of commercial development.
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:
9. Conduct a Public Hearing, and consider and act upon a request to rezone 33.2±
acres, located on the northeast corner of Preston Road and Prosper Trail, from
Single Family-15 (SF-15) to Planned Development -Retail (PD-R). (Z14-0007).
(CC)
Mayor Smith announced that the applicants for Items 9 and 10 have requested that
both items be tabled to the July 8, 2014, Town Council meeting.
Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem Dugger
seconded the motion to table Item 9 to the July 8, 2014, Town Council meeting. The
motion was approved by a vote of 6-0.
10. Conduct a Public Hearing, and consider and act upon a request to rezone 80.7±
acres, located on the southeast corner of Dallas Parkway and Frontier Parkway,
from Single Family-15 (SF-15) to Planned Development -Single Family/Retail
(PD-SF/R). (Z14-0006). (CC)
Councilmember Korbuly made a motion and Councilmember Davis seconded the
motion to table Item 10 to the July 8, 2014, Town Council meeting. The motion was
approved by a vote of 6-0.
Page 4 of 8
DEPARTMENT ITEMS:
11. Consider and act upon authorizing the Town Manager to enter into contracts
for employee benefits with Blue Cross Blue Shield for group medical insurance,
Delta Dental for group dental insurance, EyeMed for group vision services,
Mutual of Omaha for group and voluntary Life/Accidental Death and
Dismemberment (AD&D)/Short-term Disability (STD)/Long-term Disability (LTD)
insurance, Stanley, Hunt, Dupree & Rhine (SHDR) for section 125, Cafeteria
Plan, Medical Expense Reimbursement Plan (MERP) - Health Reimbursement
Account (HRA) claims administration, Allstate for voluntary work -life benefits,
and Health Plan One Exchange Solutions' services for retiree exchange
services. (BR)
Baby Raley, Human Resources Director, presented this item before the Town
Council. Ms. Raley reviewed the recommended providers for employee benefits for
the plan year beginning August 1, 2014. Town staff, the Employee Benefits
Committee, and the Council Benefits Subcommittee agreed on the chosen providers.
The Town will also transition from an August 1 — July 31 plan year to a January 1 —
December 31 plan year for employee benefits. To accomplish this, staff has
requested proposals from all providers for the period of August 1, 2014 - December
31, 2015. Ms. Raley reviewed the medical contribution strategy for the Town and the
budget impact for the upcoming plan year.
After discussion, Councilmember Korbuly made a motion and Councilmember Dixon
seconded the motion to authorize the Town Manager to enter into contracts for
employee benefits with Blue Cross Blue Shield for group medical insurance, Delta
Dental for employee group dental insurance, EyeMed for employee group vision
insurance, Mutual of Omaha for employee group Life/AD&D/LTD and voluntary STD
insurance, Allstate for employee group voluntary work -life benefits, SHDR for Section
125, Cafeteria Plan, and MERP-HRA claim administration, and Health Plan One
Exchange Solutions' services for retiree exchange services. The motion was
approved by a vote of 6-0.
12. Consider and act upon an alternative type of open storage screening for
Warren/Avant Garde Addition, Block A, Lot 1 R (The Body Shop), on 2.5± acres,
located on the west side of Business Park Drive, 400± feet south of First Street.
The property is zoned Commercial (C). (D14-0017). (CC)
Chris Copple, Development Services Director, presented this item before the Town
Council. The applicant is proposing to add open storage to an existing metal building,
which is required to be screened from all streets and adjacent properties. Town staff
and the Planning and Zoning Commission recommend approval of an alternative type
of open storage screening, subject to revising the alternative type of open storage
screening along the southern property line to a 6-foot ornamental metal fence. The
applicant, John Rattan, addressed the Town Council, and requested a variance on
the southern property line to install a wrought iron fence with landscaping. The
applicant is leasing the property, so for any variance to be enforceable, a
development agreement would need to be executed with the owner of the property.
The applicant was agreeable to table the item until the July 22, 2014, Town Council
meeting to allow time to negotiate a development agreement with the owner.
Page 5 of 8
After discussion, Councilmember Korbuly made a motion and Councilmember Dixon
seconded the motion to table Item 12 to the July 22, 2014, Town Council meeting.
The motion was approved by a vote of 6-0.
13. Consider and act upon authorizing the Town Manager to execute Change Order
#1 to JLB Contracting, LLC, related to construction services for the Prosper
Road Improvements Project 2014 - Rhea Mills Pavement Replacement. (FJ)
Public Works Director Frank Jaromin presented this item before the Town Council. In
April of 2014, the Town Council awarded the Prosper Road Improvements Project
2014 — Rhea Mills Pavement Replacement, to JLB Contracting, LLC. To take
advantage of competitive pricing obtained with this bid, Town staff is recommending a
change order to include additional concrete pavement replacement on First Street
(Church Street to Craig Road). Town staff will hold neighborhood meetings for
residents in the First Street and Rhea Mills neighborhoods to inform them of the road
improvements plans on June 25. First Street is scheduled to be completed first, with
Rhea Mills to follow.
After discussion, Councilmember Vogelsang made a motion and Councilmember
Korbuly seconded the motion to authorize the Town Manager to execute Change
Order #1, in the amount of $167,980.75, to JLB Contracting, LLC, related to the
construction services for the Prosper Road Improvement Project 2014 - Rhea Mills
Pavement Replacement. The motion was approved by a vote of 6-0.
14. Consider and act upon authorizing the Town Manager to execute an agreement
between Wier & Associates, Inc., and the Town of Prosper, Texas, related to the
design of the Downtown Enhancements project. (MR)
Matt Richardson, Senior Engineer, presented this item before the Town Council. The
proposed agreement is for design services related to the reconstruction of existing
sidewalks, modification to parking stalls, and construction of new street lighting,
landscaping, and irrigation on Broadway between Coleman Street and Crockett
Street. Construction is expected to be complete in June of 2015. Mr. Richardson
responded to questions from the Town Council on street grade, handicap
accessibility, existing building entryways, and sidewalks. The Town will need to
address underground drainage in the downtown area in the future, which may require
additional construction in the area. Lighting will be installed toward the end of the
project. Town staff was directed to provide a detailed construction plan of the
downtown area prior to the project going to bid, which is anticipated to happen in
September or October of 2014.
Mayor Smith recognized the following individual who requested to speak:
Jack Dixon, 810 Long Valley Court, Prosper, spoke in favor of enhancements in
downtown Prosper, but would like to see the Town Council implement a plan for the
entire downtown area, not just the items included in this proposed project.
After discussion, Councilmember Korbuly made a motion and Councilmember Dixon
seconded the motion to authorize the Town Manager to execute an agreement, in the
amount of $49,500, between Wier & Associates, Inc., and the Town of Prosper,
Page 6 of 8
L
Texas, related to the design of the Downtown Enhancements project. The motion
was approved by a vote of 5-1.
15. 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:
15a. Section 551.087 - To discuss and consider economic development incentives.
15b. 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.
The Executive Session was not held.
16. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
17. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
• Presentation regarding budgeting process
Town Manager Harlan Jefferson updated the Town Council on budget
preparations for the 2014-2015 fiscal year.
• Board and Commission appointment process
Town Secretary Robyn Battle provided an overview and timeline for the upcoming
Board and Commission appointment process.
• SH 289 monument signage
Hulon Webb, Executive Director of Development and Community Services,
informed the Town Council that the request for monument signs along Preston
Road had been denied by TxDOT. Town Manager Harlan Jefferson reiterated
that TxDOT has consistently denied the placement of hardscape in medians, due
to liability concerns. Mr. Webb also provided an update on TxDOT's landscape
plan for the Preston Road medians, which differs slightly from the Town's
standards.
18. Adjourn.
The meeting was adjourned at 7:50 p.m., on Tuesday, June 24, 2014.
Page 7 of 8
These minutes approved on the 8th day of July, 2014
1
7 AT 7;T-
Robyn E�ttle, Town Secretary
1
LJ
1
APPROVED:
AZA
Ray Smith, ayor
Page 8 of 8