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
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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
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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)
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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.
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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.
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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
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