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06.11.2019 Town Council MinutesISPER OWN OF Prosper is a place where everyone matters. 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-Tem Curry Vogelsang, Jr. Councilmember Marcus E. Ray Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Deputy Mayor Pro-Tem Jason Dixon MINUTES Agenda Briefing and Regular Meeting of the Prosper Town Council Prosper Town Hall Council Chambers 200 S. Main Street Prosper, TX 75078 Tuesday, June 11, 2019 Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Robyn Battle, Town Secretary/P10 Alex Glushko, Planning Manager Megan Johnson, Health/Code Supervisor Hulon Webb, Engineering 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 Dudley Raymond, Parks and Recreation Director Leslie Scott, Library Services Director Kala Smith, Human Resources Director Leigh Johnson, IT Director Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief 2. Questions about items listed on the Regular Meeting Agenda. Town Manager Harlan Jefferson notified the Council that staff is requesting Item 5b to be pulled from the Consent Agenda and tabled indefinitely to allow Town staff to obtain an updated quote from the vendor. Regarding Item 5f, Town Attorney Terry Welch explained the purpose and distinction between the different insurance amounts in the proposed ordinance. Police Chief Page 1 of 6 Kowalski also confirmed that the wording in the ordinance has been revised to allow the Police Department to set appropriate fees for the use of off -duty police officers. Regarding Item 5e, Health/Code Supervisor Megan Johnson confirmed the number of facilities the Town is responsible for inspecting. As the Town continues to grow and add facilities, more staff resources may be needed to keep up with demand. Regarding Item 5c, Public Works Director Frank Jaromin confirmed that the bid amount is for a specified number of square yards of concrete. Town staff has the discretion of choosing between the primary and secondary vendor for various concrete repair projects, as long as the projects do not exceed the departmental budget for concrete repair. Regarding Item 7, Hulon Webb, Engineering Services Director confirmed that the Development Agreement only applies to property owned by First Texas Homes, Inc. Town Manager Harlan Jefferson and Town Attorney Terry Welch discussed the calculation and enforcement of liquidated damages with the Council. Regarding Item 5g, Police Chief Kowalski confirmed the number of police officers scheduled to be present at Pride in the Sky will be sufficient to monitor the event, including the area where alcohol will be served. 3. Discussion Items: • Discussion on Reduction of Inflow and Infiltration. (FJ) Public Works Director Frank Jaromin briefed the Council on a proposed ordinance which would require developers and contractors to pay a fine for causing infiltration and inflow into the Town's wastewater system. Mr. Jaromin provided several examples of recent events where this occurred, and discussed options for enforcement. The discussion was continued following Executive Session. The Agenda Briefing was adjourned at 6:25 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 6:27 p.m. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Retired U.S. Army Chaplain Carl Rau 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 Town of Prosper conducted a survey of residents and local businesses to determine the accessibility, speed, and customer service levels of broadband service providers in Page 2 of 6 the Prosper area. The report from Connected Nation outlining the results of the survey is available on the Town website. Prosper's Pride in the Sky event will take place on Wednesday, July 3, at Frontier Park from 3:00 -11:00 p.m. The annual Independence Day event will feature live music, food trucks, vendors, and a kid zone. Bring your blankets and lawn chairs and enjoy the fireworks. The Prosper Community Library has kicked off its summer "Mystery Solver" program series. Please check the Town website or visit the Library to find about more about mystery themed story times, activities, and events. 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.org. 4. Presentations. • Presentation on the Collin County Transit Program. (RB) Anthony Cao with the McKinney Urban Transit District presented information on the Town's new subsidized taxi service through Collin County Transit. The service is available to eligible Town of Prosper residents as of June 3. • Presentation of the American Heart Association's Mission: Lifeline EMS Recognition to members of the Prosper Fire Rescue staff. (SB) Kristi Esposito with the American Heart Association presented the Mission: Lifeline award to the Town Council, Fire Chief Stuart Blasingame, Assistant Fire Chief Shaw Eft, and Division Chief Bill Bonny in recognition of Prosper Fire Rescue's outstanding care of cardiac patients. 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) • Regular Meeting —May 28, 2019 5c. Consider and act upon awarding Bid No. 2019-53-A to Wopac Construction, Inc. as the primary vendor, and HQS Construction, LLC as the secondary vendor, at the unit prices bid, to establish an annual fixed -price contract for Miscellaneous Concrete Replacement Services; and authorizing the Town Manager to execute same. (FJ) Page 3 of 6 5d. Consider and act upon Resolution No. 19-35 approving the Environmental Review Checklist for Local Projects as required by Article 11 of the "Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount" approved by Town Council on March 13, 2018, for the construction of the realignment and intersection improvements on FM 1385 with the new Gee Road (Fishtrap Road). (PA) 5e. Consider and act upon Ordinance No. 19-36 amending Chapter 6, "Health and Sanitation," of the Town's Code of Ordinances by establishing a new Article 6.05, "Swimming Pools and Spas," and adopting Title 25, Texas Administrative Code, Chapter 265. (MJ) 5f. Consider and act upon Ordinance No. 19-37 amending Section 1.09.021 of Chapter 1, "General Provisions," and Section 4.09.004, of Chapter 4, "Business Regulations," of the Town's Code of Ordinances relative to permits and insurance requirements for special events and temporary outdoor seasons sales on Town property, including Town parks. (AG) 5g. Consider and act upon a request by Cedarbrook Media, LLC to sell alcoholic beverages during the Pride in the Sky event at Frontier Park on July 3, 2019. (AG) 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. (AG) Mayor Smith removed Item 5b from the Consent Agenda. 5b. Consider and act upon approving a Microsoft Enterprise Software Agreement, from SHI Government Solutions, Inc., through a Texas Department of Information Resources (DIR) Purchasing Contract; and authorizing the Town Manager to execute all related documents for the same. (LJ) Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the motion to table Item 5b indefinitely. The motion was approved by a vote of 6-0. Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the motion to approve all remaining 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. Rebecca Cucovatz, 209 E. Broadway, Prosper, addressed the Council about a drainage issue on her property. The Council asked Town staff to meet with Ms. Cucovatz to discuss the issue on her property. Page 4 of 6 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. Consider and act upon authorizing the Town Manager to execute a Roadway Development Agreement between First Texas Homes, Inc., and the Town of Prosper, Texas, related to construction of Coleman Street to serve the Tanner's Mill development. (HW) Hulon Webb, Engineering Services Director, presented this item before the Town Council. First Texas Homes, Inc., is developing Tanner's Mill and is planning on constructing the southern half of Coleman Street in front of the Prosper High School. Since the proposed thoroughfare is depicted on the Town of Prosper Thoroughfare Plan, the actual costs for the design and construction of the improvements are eligible for reimbursement of roadway fees collected from the development. The proposed Roadway Development Agreement outlines the obligations of the Town of Prosper and First Texas Homes, Inc., related to the design, construction, and reimbursement of collected roadway impact fees to fund the project. After discussion, Councilmember Hodges made a motion and Councilmember Andres seconded the motion to authorize the Town Manager to execute a Roadway Development Agreement between First Texas Homes, Inc., and the Town of Prosper, Texas, related to construction of Coleman Street to serve the Tanner's Mill development. The motion was approved by a vote of 6-0. 8. 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: 8a. Section 551.087 — To discuss and consider economic development incentives. 8b. 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. 8c. Section 551.071 — Consultation with the Town Attorney regarding legal issues associated with annexation of property, and all matters incident and related thereto. The Town Council recessed into Executive Session at 6:54 p.m. 9. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 5 of 6 1 1 1 The Town Council reconvened the Regular Session at 8:26 p.m. Public Works Director Frank Jaromin continued his presentation from the earlier Agenda Briefing. He confirmed that the proposed ordinance meets EPA requirements and all appropriate water testing procedures. The proposed ordinance will be brought forward for Council approval at a future meeting. 10. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. The Town Council discussed the possibility of state tournament finalists utilizing Town sports fields for practice. 11. Adjourn. The meeting was adjourned at 8:30 p.m. on Tuesday, June 11, 2019. These minutes approved on the 2511 day of June 2019. V P R �S ATT E?T- Robyn Eohle, Tbwrn APPROVED: ,6, �A Ray Smith, Mayor Page 6 of 6