08.12.2014 Town Council MinutesMINUTES
Regular Meeting of the
O F Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, August 12, 2014
Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro -Tern Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Curry Vogelsang, Jr.
Councilmember Jason Dixon
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
Dan Heischman, Senior Engineer
Matt Richardson, Senior Engineer
Alex Glushko, Senior Planner
Pamela Clark, Planning Technician
Paul Naughton, Landscape Architect
Will Mitchell, Parks & Recreation Manager
Julie Shivers, Recreation Services Coordinator
Bill Elliott, Building Official
Kent Austin, Finance Director
Trish Featherston, Accounting Manager
Kelly Vanaman, Utility Billing Administrator
Doug Kowalski, Police Chief
Ronnie Tucker, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Jim Lugar of Life Journey Church led the invocation. The Pledge of Allegiance and
the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Mayor Pro -Tern Miller made the following announcements:
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The Prosper Fire Department will host its third annual 9-11 Remembrance Ceremony
the morning of September 11 at 8:40 a.m. at the Fire Station. The public is invited to
attend.
The annual Community Picnic will take place on Saturday, September 13, at Frontier
Park from 5:00 p.m. to 8:00 p.m. as part of Live & Prosper's Summer Series. The
event includes free hot dogs and soft drinks until 6:00 p.m., bounce houses, games,
music, and lots of fun activities for kids and families. "The Lego Movie" will begin at
dusk. Contact Julie Shivers in the Parks & Recreation Department for more
information.
Several asphalt road improvements have been completed around Town, and the First
Street concrete paving project should be open to two-way traffic by this Monday.
The Town Council wishes to thank all of the board applicants who attended tonight's
Meet & Greet. We appreciate your willingness to serve your community.
Councilmember Korbuly thanked the Police Department and the Fire Department for
their help in supporting the Midnight Madness event.
4. 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.)
Councilmember Davis removed Items 4b, 4g, 4h, and 4i from the Consent Agenda
Mayor Pro-Tem Miller removed Item 4e from the Consent Agenda.
4a. Consider and act upon minutes from the following Town Council
meeting. (RB)
• Regular Meeting — July 22, 2014
4c. Consider and act upon a residential street light standard for Frontier
Estates (Planned Development-15). (DH)
4d. Consider and act upon a residential street light standard for Tanner's
Mill (Planned Development-SF-10). (DH)
4f. 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)
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Dixon seconded
the motion to approve Items 4a, 4c, 4d, and 4f on the Consent Agenda. The motion
was approved by a vote of 7-0.
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4b. Consider and act upon approving the Agency Client Agreement for
Fiscal Year 2014-2015 between the Town of Prosper and Zenitram and
Associates, d.b.a Municipal Voice. (HJ)
Town Manager Jefferson responded to questions about the terms of the contract, the
scope of services, and the quality of the work product. Councilmember Davis made a
motion and Deputy Mayor Pro-Tem Dugger seconded the motion to approve the
Agency Client Agreement for Fiscal Year 2014-2015 between the Town of Prosper
and Zenitram and Associates, d.b.a Municipal Voice. The motion was approved by a
vote of 7-0.
4e. Consider and act upon a resolution authorizing the Town Manager to
execute on behalf of the Town, deeds, easements, temporary easements,
and all other grants and conveyances of property interests related to
construction, utilities and development activities. (HW)
Hulon Webb, Executive Director of Development and Community Services, and Town
Attorney Terry Welch answered questions related to the purpose of the resolution.
The intent is to expedite the execution of deeds, easements, and other conveyances,
which are typically non -monetary in nature. The Town Council requested that the
resolution be amended to limit the Town Manager's authority to release land. The
Town Attorney read into the record the amended language for Section 2 of the
resolution limiting the Town Manager's authority to release land to no more than three
acres.
Mayor Pro -Tern Miller made a motion and Deputy Mayor Pro-Tem Dugger seconded
the motion to approve Resolution No. 14-52 authorizing the Town Manager to
execute on behalf of the Town, deeds, easements, temporary easements, and all
other grants and conveyances of property interests related to construction, utilities
and development activities, subject to the acreage limits in Section 2 read into the
record by the Town Attorney. The motion was approved by a vote of 7-0.
4g. Consider accepting the submission of the certified collection rate of 100
percent for FY 2014-2015. (KA)
4h. Consider and act upon Ordinance 14-53 establishing the 2014 certified
appraisal roll. (KA)
4i. Consider accepting submission of the 2014 effective tax rate of
$0.468183 per $100 taxable value and the rollback tax rate of $0.429220
per $100 taxable value. (KA)
Finance Director Kent Austin reviewed the collection rate, appraisal process, the
effective tax rate and the rollback rate. Following discussion, Councilmember Davis
made a motion and Councilmember Vogelsang seconded the motion to approve
Items 4g, 4h, and 4i. The motion was approved by a vote of 7-0.
5, 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
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agenda. Please complete a "Public Meeting Appearance Card" and present it to
the Town Secretary prior to the meeting.)
Other Comments by the Public —
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.)
PUBLIC HEARINGS:
6. Presentation of service plan and second public hearing to consider the
involuntary annexation of a 2.3± acre tract of land, located on the east side of
Dallas Parkway, 500± feet south of First Street. (A14-0001). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. In 2009,
the Town entered into multiple five-year agreements with the remaining
unincorporated properties within Collin County and the Town's Extraterritorial
Jurisdiction (ETJ), and the Town has offered to extend these agreements to all
properties that continue to maintain their Agricultural property tax exemption. The
subject property no longer meets these requirements, so Town staff recommends an
involuntary annexation of the property. State law requires two Public Hearings to be
held as part of the annexation process. The first Public Hearing was held on July 22,
2014.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
7. Presentation of service plan and second public hearing to consider the
involuntary annexation of a 18.0± acre tract of land, located 800± feet south of
Prosper Trail, 4,500± feet east of Coit Road. (A14-0002). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. In 2009,
the Town entered into multiple five-year agreements with the remaining
unincorporated properties within Collin County and the Town's Extraterritorial
Jurisdiction (ETJ), and the Town has offered to extend these agreements to all
properties that continue to maintain their Agricultural property tax exemption. The
owner of the subject property did not respond to the two offer letters from the Town to
extend the agreement, so Town staff recommends an involuntary annexation of the
property. State law requires two Public Hearings to be held as part of the annexation
process. The first Public Hearing was held on July 22, 2014.
Mayor Smith opened the Public Hearing.
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With no one speaking, Mayor Smith closed the Public Hearing.
8. Conduct a Public Hearing, and consider and act upon a request to rezone 93.2±
acres, located on the northwest corner of Prosper Trail and Coit Road, from
Agricultural (A) and Single Family-15 (SF-15) to Planned Development -Single
Family-15/Office (PD-SF-15/0). (Z14-0008). (AG)
Mayor Smith stated that he would abstain from voting on Item 8 due to a conflict of
interest, and left the Council bench.
Alex Glushko presented this item before the Town Council. The items was tabled at
the July 22 Town Council meeting to allow the applicant to revise the request from
straight zoning to a Planned Development. Mr. Glushko reviewed the revised request
which included changes to the proposed lot sizes and landscaping setback. Town
staff recommended approval of the request subject to:
1. Revising all zoning exhibits to replace the minimum 12,500 square foot lots with
minimum 15,000 square foot lots, in accordance with the FLUP.
2. Revising Exhibit C to increase the minimum depth of the minimum 25,000 square
foot lots to 170 feet, in accordance with the straight SF-22 District standards.
3. Revising the provision regarding the landscaping setback along Prosper Trail and
Coit Road in Exhibit C to require a 25-foot landscape setback along Coit Road,
thereby requiring thoroughfare screening along Coit Road to be in accordance
with the Subdivision Ordinance.
Mr. Glushko and Executive Director of Development and Community Services Hulon
Webb responded to questions regarding permitted uses in the proposed zoning
district, though some uses would be allowed by a Special Use Permit (SUP). The
landscape setback, and right-of-way width along Coit Road were also discussed.
Mayor Pro-Tem Miller opened the Public Hearing.
Mardy Brown with Texas Development Services spoke on behalf of the applicant.
The applicant is requesting a base zoning of SF-15, with a range of lot sizes from
12,500 sq. ft. to 25,000 sq. ft. which would result in an average of 1.6 dwelling units
per acre. The applicant, staff, and Council discussed the staff recommendations.
The applicant is agreeable to staff's third recommendation for the landscaping
setback, but is not in agreement with the first two recommendations related to
changes to the lot sizes. The applicant was agreeable to Council's request to include
a minimum of 10% of the residences to have swing -in garages.
With no one else speaking, Mayor Pro-Tem Miller closed the Public Hearing.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem
Miller seconded the motion to approve a request to rezone 93.2± acres, located on
the northwest corner of Prosper Trail and Coit Road, from Agricultural (A) and Single
Family-15 (SF-15) to Planned Development -Single Family (PD-SF), subject to:
• Revising the provision regarding the landscaping setback along Prosper Trail and
Coit Road in Exhibit C to require a 25-foot landscape setback along Coit Road,
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therefore requiring throroughfare screening along Coit road to be in accordance
with the subdivision ordinance.
• There shall be a minimum of 10% of the single family residences with swing -in
garages.
The motion was approved by a vote of 6-0.
Mayor Smith returned to the Council bench.
DEPARTMENT ITEMS:
9. Submission of the FY 2014-2015 Proposed Budget and Budget Message by the
Town Manager. (HJ)
Town Manager Harlan Jefferson presented this item before the Town Council. The
Town Council was provided with electronic copies and hard copies of the proposed
budget and the Capital Improvement Plan. The proposed budget does not
recommend a tax rate, water rate, sewer rate, or storm water rate increase. The
Town Manager will meet individually with Town Council members to discuss the
proposed budget.
No further action was required for this item.
10. Consider and act upon a proposed FY 2014-2015 property tax rate. (KA)
Finance Director Kent Austin presented this item before the Town Council. Town
staff recommends the Town Council propose a rate of $0.52 per $100 in valuation.
Mr. Austin reviewed the budget and tax rate calendar.
Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller seconded
the motion to place a proposal to adopt a FY 2014-2015 tax rate of fifty-two cents
($0.52) per one hundred dollars ($100) of valuation on the September 23, 2014,
Town Council agenda. The Town Council voted as follows:
Mayor Ray Smith - Yes
Mayor Pro-Tem Meigs Miller - Yes
Deputy Mayor Pro-Tem Kenneth Dugger - Yes
Councilmember Michael Korbuly - Yes
Councilmember Mike Davis - Yes
Councilmember Curry Vogelsang, Jr. - Yes
Councilmember Jason Dixon — Yes
The motion was approved by a vote of 7-0.
11. Consider and act upon a schedule of public hearings for the FY 2014-2015
Proposed Budget. (KA)
Finance Director Kent Austin presented this item before the Town Council. The
proposed dates for the two Public Hearings are August 26, 2014, and September 9,
2014.
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Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly
seconded the motion to schedule public hearings on the FY 2014-2015 Proposed
Budget for August 26, 2014, at 6:00 p.m., and September 9, 2014, at 6:00 p.m., with
each meeting taking place at the Prosper Municipal Chambers at 108 W. Broadway
Street, Prosper, TX. The motion was approved by a vote of 7-0.
12. Consider and act upon a schedule of public hearings for the FY 2014-2015
proposed property tax rate. (KA)
Finance Director Kent Austin presented this item before the Town Council. The
proposed dates for the two Public Hearings are August 26, 2014, and September 9,
2014.
Councilmember Korbuly made a motion and Councilmember Vogelsang seconded
the motion to set the public hearings on the proposal to increase total tax revenues
and the proposed tax rate of $0.52 per $100 in valuation for August 26, 2014, at 6:00
p.m. and September 9, 2014, at 6:00 p.m., with each meeting taking place at the
Prosper Municipal Chambers at 108 W. Broadway Street, Prosper, TX. The motion
was approved by a vote of 7-0.
13. Consider and act upon authorizing the Town Manager to execute a contract
amendment with IESI, a Progressive Waste Solutions Company, related to bulk
service collection. (KA)
Finance Director Kent Austin presented this item before the Town Council. The
contract amendment would add one collection date per month. Bulk collection on the
east side of Town will take place on the last Saturday of the month, and collection on
the west side of Town will take place on the first Saturday of the month. The dividing
line is Preston Road. Sixty percent of the collection requests are from the east side
of Preston Road, and forty percent occur on the west side.
Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem Dugger
seconded the motion authorizing the Town Manager to execute a contract
amendment with IESI, a Progressive Waste Solutions Company, relative to bulk
service collection, from one time per month to two times per month, with the
applicable day of bulk service collection based upon the location of the request for
collection. The motion was approved by a vote of 7-0.
14. Consider and act upon an ordinance amending Article 12.08, "Truck Routes," of
Chapter 12, "Traffic and Vehicles," of the Code of Ordinances, regarding
additional street segments for truck routes. (DK)
Police Chief Doug Kowalski presented this item before the Town Council. Chief
Kowalski reviewed the details of the proposed ordinance. Delivery trucks, utility
vehicles, passenger vehicles and motor homes would be exempt from the ordinance.
Town staff originally intended to include Frontier Parkway east of Preston Road in the
ordinance, but the Texas Department of Transportation (TxDOT) has denied the
request at this time. The ordinance would give police officers the authority to stop
vehicles they believe are in violation of the ordinance. Town staff will continue
discussions with TxDOT to work toward including Frontier Parkway east of Preston
Road in the truck route ordinance.
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After discussion, Mayor Pro -Tern Miller made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve Ordinance No. 14-54 amending Article
12.08.003, "Unlawful Acts/Exemptions," of Chapter 12, "Traffic," of the Code of
Ordinances for the Town of Prosper, Texas. The motion was approved by a vote of
7-0.
15. Consider and act upon an ordinance amending Section 12.09.004 "School
Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of
Ordinances by modifying the list of streets and limits on which school zones
are established, modifying the hours of operation of such zones, and modifying
the maximum speed limit during hours of operation of such zones. (MR)
Senior Engineer Matt Richardson presented this item before the Town Council. Mr.
Richardson reviewed the details of the proposed school zones, and the placement of
school zone markings, flashing beacons, and signs, taking into account the concerns
brought forward by the Town Council at the July 22, 2014, Town Council meeting.
Mayor Smith recognized the following individual who requested to speak:
Mike McClung, 1400 Cedar Springs Drive, Prosper, thanked the Town staff and
Council for taking the Lakes of La Cima neighborhood's concerns into account when
revising the school zones.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember
Korbuly seconded the motion to approve Ordinance No. 14-55 amending Section
12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's
Code of Ordinances by modifying the list of streets and limits on which school zones
are established, modifying the hours of operation of such zones, and modifying the
maximum speed limit during hours of operation of such zones. The motion was
approved by a vote of 7-0.
16. Consider and act upon an amendment to the Capital Improvement Plan (CIP)
(MR)
Senior Engineer Matt Richardson presented this item before the Town Council. The
Town Council was provided a revised copy of the staff report and CIP amendment
prior to the meeting to include batting cages at the Frontier Park - Southwest Corner
Practice Fields project. Mr. Richardson reviewed the components of the CIP
amendment. Mr. Webb and Mr. Jefferson responded to questions from the Town
Council regarding the Teel Parkway bridge, and the future widening of the roadway.
After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve an amendment to the Capital Improvement
Plan (CIP), in the additional amount of $300,000 for the Teel Parkway (DCFWSD
#10) project and in the additional amount of $100,000 for the Frontier Park —
Southwest Corner Practice Fields project. The motion was approved by a vote of 6-1.
17. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement between Denton County FWSD #10, and the Town of Prosper,
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Texas, related to the construction of Teel Parkway north of Fishtrap Road to
serve the Artesia development (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. The agreement outlines the Town's contribution
toward the design and construction costs associated with the third lane of the Teel
Parkway Bridge as well as a potential bridge further north. The agreement also
addresses aesthetic upgrades to the bridge, which include a decorative stained finish
rather than metal.
After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro -Tern
Dugger seconded the motion to authorize the Town Manager to execute an Interlocal
Agreement between Denton County FWSD #10, and the Town of Prosper, Texas,
related to the construction of Teel Parkway north of Fishtrap Road to serve the
Artesia development. 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 Dunaway Associates, LP, and the Town of
Prosper, Texas, related to the Frontier Park North Conceptual Master Plan and
Sexton Park Conceptual Master Plan project. (PN)
Landscape Architect Paul Naughton presented this item before the Town Council.
Dunaway Associates is currently working on the update to the Parks, Recreation &
Open Space Master Plan. The proposed agreement will be used to develop
Conceptual Master Plans for Frontier Park and Sexton Park that Town staff can use
to plan future improvements and budgets for new infrastructure and recreational
facilities. The Conceptual Plans will be reviewed by the Parks and Recreation Board
and the Town Council for additional feedback. Mr. Naughton responded to questions
from Council as to where Dunaway Associates received the data for the Master
Plans. Information has been provided to Dunaway Associates from the Parks,
Recreation and Open Space Master Plan Advisory Committee, staff, and the online
survey that the Town recently made available to residents. The Town Council
questioned staff on the scope of services in the proposed agreement, and requested
to see a sample Conceptual Plan from Dunaway Associates prior to approving the
agreement. The Town Council also requested that the sports organizations be
involved in the discussions to make sure their concerns are addresses in the Master
Plan.
After discussion, Councilmember Korbuly made a motion and Councilmember Dixon
seconded the motion to table Item 18 until the September 23, 2014, Town Council
meeting. 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.
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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.
19c. Section 551.074 — To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic Development
Corporation Board, Board of Adjustment/Construction Board of Appeals, and
Library Board.
19d. Section 551.071(2) — Consultation with Town Attorney regarding land use
legal issues.
The Town Council recessed into Executive Session at 8:28 p.m.
20. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 10:22 p.m.
There was no action as a result of Executive Session.
21. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
• Update to Fire Station No. 2 Design (RT)
Fire Chief Ronnie Tucker updated the Town Council on the design of Fire Station
No. 2, and provided conceptual drawings of the project. The Town Council was in
favor of the current design plans.
• Discussion on Roadway Impact Fees for Temporary Modular Buildings (BE)
Building Official Bill Elliott reviewed the results of a 10-city survey related to
roadway impact fees. Town staff was directed to bring a future agenda item to
the Town Council that would waive roadway impact fees, but keep water and
sewer fees in place, and to make the waiver retroactive to October 1, 2013.
• Discussion on Freeport Tax (KA)
Finance Director Kent Austin reviewed the Town's previous action on this
ordinance, and reviewed the results of a 10-city survey related to the Freeport
exemption. The Town currently does not employ the Freeport exemption that
prohibits taxation on goods -in -transit. Town staff was directed to take no action,
and keep the current exemption in place.
• Discussion on field user fees (JS)
Julie Shivers, Recreation Services Manager, reviewed the proposed changes to
the field user fees. Town staff was provided with direction to increase the per
player rates, and eliminate the hourly field light rates for co -sponsored teams.
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• Discussion on Library Board Bylaws
Town Secretary Robyn Battle updated the Town Council on a suggestion to add a
Prosper ISD liaison to the Library Board who would be a non -voting member.
Town Council agreed to direct staff to propose the suggestion to the Library Board
to have the Library Bylaws amended.
22. Adjourn.
The meeting was adjourned at 11:32 p.m.
These minutes approved on the 26th day of August, 2014.
APPROVED:
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Ray Smith, M yor
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Robyn Battl 7
, own Secretary L
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