12.09.2014 Town Council Minutes11
TOWN OFT—,
§ IF
S P EIN
Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:02 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tern Meigs Miller
Deputy Mayor Pro -Tern Kenneth Dugger
Councilmember Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Jason Dixon (arrived at 6:41 p.m.)
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, December 9, 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
John Webb, Director of Development Services
Alex Glushko, Senior Planner
Matt Richardson, Senior Engineer
Will Mitchell, Parks & Recreation Manager
Paul Naughton, Landscape Architect
Kent Austin, Finance Director
January Cook, Purchasing Agent
Doug Kowalski, Police Chief
Ronnie Tucker, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Bishop Lynn Woodrum of the Church of Jesus Christ of Latter -Day Saints led the
invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Councilmember Davis made the following announcements:
Safe drivers in Prosper may be rewarded with holiday spending money as the Police
Department rolls out this year's Gift Cards for Safe Drivers program. Police officers
who observe safe driving practices, especially within school zones and around
campuses, will approach selected drivers while the vehicle is stopped, and present
the driver with a gift card, good at any retailer that accepts credit cards. The cards
carry a cash value of $10. The program will run from Monday, December 15th to
Friday, December 19th.
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Prosper residents are invited to join the 1 00-Mile Centennial Challenge, sponsored by
the Parks & Recreation Department. The challenge takes place from now until April
1, 2015. Everyone who signs up and completes 100 miles of walking, jogging,
running, biking, or other physical activity will receive a limited edition Centennial T-
shirt.
Cornerstone NCT is hosting "Cornerstone Christmas" at Prosper High School on
Sunday, December 14, from noon - 4pm to benefit the families they serve throughout
the year. Donations of food and toys are being accepted, and volunteers are
welcome. More information is available at cornerstonenct.orq
The December 23rd Town Council meeting has been canceled due to the Christmas
holiday. The next regular meeting of the Prosper Town Council will be on Tuesday,
January 13, 2015. The Prosper Town Council wishes everyone a wonderful holiday
season and a happy new year.
4. Presentations.
• Presentation of a Blue Star Flag to the family of a Prosper service member
currently deployed by the U.S. Armed Forces. (RB)
Mayor Smith and Joey Womble of the Prosper Rotary Club presented a Blue Star
Flag to Joe and Beverly Babis on behalf of their daughter, Airman First Class Erin
R. Babis of the United States Air Force.
• Presentation to members of the Town of Prosper Parks and Recreation
Department for receiving the "Excellence in Maintenance Award" from the
Texas Recreation and Parks Society north region for creative approaches to
problem solving and innovative means and methods of maintaining parks
and recreation facilities. (WM)
Parks and Recreation Manager Will Mitchell, Parks Superintendent Matt Furr,
Parks Operations Supervisor Casey Knapp, and Chemical Technician David
Gamblin received the award on behalf of the Parks & Recreation staff.
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.)
5a. Consider and act upon minutes from the following Town Council
meetings. (RB)
• Regular Meeting — November 11, 2014
• Joint Town Council/Planning & Zoning Commission Work Session —
December 2, 2014
5b. Receive the October 2014 financial report. (KA)
5c. Consider and act upon authorizing the Town Manager to execute an
Interlocal Agreement for the purchase of land on the south side of East
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Prosper Trail adjacent to Wilson Creek between the Town of Prosper and
Collin County. (PN)
5d. Consider and act upon Ordinance No. 14-74 altering Section 12.09.003
"Speed Limits on Specific Streets" of Chapter 12 "Traffic and Vehicles"
of the Town's Code of Ordinances to alter the prima facie speed limit on
State Highway 289 within the Town. (MR)
5e. Consider and act upon Ordinance No. 14-75 altering Section 12.09.004
"Reduced Speed School Zones" of Chapter 12 "Traffic and Vehicles" of
the Town's Code of Ordinances to alter the hours of operation for school
zones at Rogers Middle School. (MR)
5f. Consider and act upon approving the purchase of one VAC-TRON 500
gallon Vacuum/Jetter for the Public Works Department, from Vermeer
Texas — Louisiana, through the Texas Local Government Purchasing
Cooperative. (FJ)
5g. Consider and act upon approving an Equipment Lease Agreement and
Service Agreement for copiers, and a Managed Print Service Agreement
for printers, between ImageNet Consulting, LLC, and the Town of
Prosper, Texas, through a Texas Department of Information Resources
(DIR) contract; and authorizing the Town Manager to execute same. (JC)
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)
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly
seconded the motion to approve all 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.)
Other Comments by the Public -
Jack Dixon, 810 Long Valley Court, Prosper, expressed his appreciation for the Blue
Star Flag program. He would like to see the Council consider a plan for a Town
Center in addition to the parks programs that are being considered at this meeting.
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.
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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:
7. Conduct a Public Hearing, and consider and act upon a request for a Specific
Use Permit (SUP) for a Private or Parochial School, on 7.1t acres, located on
the southwest corner of First Street and Coit Road. The property is zoned
Planned Development-6 (PD-6). (S14-0005). (JW)
Development Services Director John Webb presented this item before the Town
Council. The SUP request would include a church, day care, and private or parochial
school which would be constructed in multiple phases. Mr. Webb reviewed the
criteria to be considered in determining the validity of a SUP request, and provided
staff responses to each of them. The Planning & Zoning Commission recommended
approval of the request, and Town staff recommends approval as well.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem Dugger seconded
the motion to approve a request for a Specific Use Permit (SUP) for a Private or
Parochial School, on 7.1± acres, located on the southwest corner of First Street and
Coit Road. The motion was approved by a vote of 6-0.
8. Conduct a Public Hearing, and consider and act upon a request for a Specific
Use Permit (SUP) for a Commercial Antenna, on 5.4± acres, located on the east
side of Prosper Commons Boulevard, 300± feet south of Richland Boulevard.
The property is zoned Commercial (C). (S14-0004). (JW)
Development Services Director John Webb presented this item before the Town
Council. The request is for a 100-foot tall commercial antenna. Mr. Webb reviewed
the criteria to be considered in determining the validity of a SUP request, and
provided staff responses to each of them. The Planning & Zoning Commission
recommended denial of the request, and Town staff recommends denial as well.
Mayor Smith opened the Public Hearing.
Councilmember Dixon took his place at the Council bench during the presentation.
Peter Cavanaugh, representing Verizon, addressed the Council and provided
photographs of the proposed site and schematic drawings of the tower. Mr.
Cavanaugh believes the proposed site is an appropriate location that is compatible
with the surrounding area. The proposed tower would improve service in the Prosper
area, and the applicant has designed the tower to maximize safety, Prosper ISD has
denied Verizon's request to place an antenna on school property, which has limited
the applicant's selection of appropriate sites. Mr. Cavanaugh answered additional
questions from the Town Council regarding the number of potential carriers on the
tower, and the appearance of the tower.
With no one else speaking, Mayor Smith closed the Public Hearing
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After discussion, Cou0oi|mnemOba[VVoe|aang made 8 motion to deny a request for a
Specific Use Permit (SUP) fora Commercial Antenna, On 5.4± acres, located on the
east side ofProsper Commons Boulevard, 300±feet south of Richland Boulevard.
Upon advice from the Town Attorney, Counci|rnernberVoge|smnQ further moved that
Town staff prepare a resolution denying the application, providing in that resolution
factual findings in support of the denia|, based upon m review of the naoord, including
the application, the correspondence and documentation submitted by the opp|icoOt,
and any naaponoa by the Town, the Public Hearing before the Planning & Zoning
Commission, tonight's Public HaahnO, and all other related documentation and
information. Deputy K8ayorPro-Tem Duggeroeoonded the motion. The motion was
approved by a vote of 5-2. with Counui/rnenlbene Korbu|y and Davis casting the
opposing votes.
DEPARTMENT ITEMS:
9. Consider and act upon an amendment to the Capital Improvement Plan (C|P).
HU|0lWebb. Executive Director of Development and Community Semioes, presented
this item before the Town Council. The proposed amendment tOthe C|Pincludes 8O
irrigation eynt8nl for the grass areas of the median on GH 289, which was recently
approved by the Texas Department of Transportation (TxDC}T). The additional
irrigation will cost $68.000. and will be funded from the Thoroughfare Impact Fee
Fund. Town staff responded to questions about the type of irrigation that will be
used, and was also directed to look into the various options for mounting illuminated
street name signs on the traffic signal poles.
After discussion, Deputy yNayorPro-Tem Duggermmde o motion and Counoi|member
Dixon seconded the motion to approve an amendment tothe Capital Improvement
Plan (C|P). in the additional amount of$88.00O for the @H 288 Median Landscaping
project. The motion was approved byavote of7-O.
10. Consider and act upon amordinance amending theFY 2013-2014amd FY2O14-
Finance Director Kent Austin presented this item before the Town Council. The
budget arneodrngrd is comprised of four components. It will roll forward open
purchase orders from the 2O13-2O14fiscal year, amend final department balances for
the 2013-2014 fiscal year, amend the special revenue fund making a correction to the
2014-2015fisoa} year budget, and amend the Thoroughfare |nnpmrt Fee Fund budget
to fund $88.000 for the C|P amendment for the 8H 289 Median Landscaping project.
Mr. Austin mOexvarad questions from the 7-ovvn Council on the process for rolling
forward purchase orders, and what can badone to improve the process inthe future.
Town Manager Harlan Jefferson explained that the Town had not used a purchase
order process prior to the 2013-2014 5soal year. and Town staff is continually making
improvements tothe process to reduce the number ofpurchase orders that must be
carried over into the following fiscal year. The Town Council requested an itemized
breakdown ofthe outstanding purchase orders, specifically related toparks projects.
Mayor Smith recognized the following individual who requested to speak:
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Irwin "Cap" Parry, 850 Kingsview Drive, Prosper, expressed his concern regarding
need for the budget amendment, and encouraged the Council and staff to carefully
monitor the budget process.
After discussion, Councilmember Vogelsang made a motion and Councilmember
Dixon seconded the motion to table this item to the January 13, 2015, Town Council
meeting. The motion was approved by a vote of 7-0.
11. Consider and act upon a request for an alternative type of screening of open
storage for Railroad Prosper, Blocks 29 & 30, Lots 1 & 2 (CoServ), on 3.6±
acres, located on the northwest corner of First Street and McKinley Street. The
property is zoned Downtown Commercial (DTC). (D1 4-0067). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. The
request is to allow for an alternative type of screening for open storage, due to an
existing drainage easement along the north and west sides of the property. The
Planning & Zoning Commission recommended approval of the request subject to
Town Council approval of an alternative type of open storage screening, and Town
staff approval of the landscape, irrigation, and screening plans. The Town Council
was concerned that the presentation did not include conceptual drawings or
architectural renderings of the proposal, including proposed building materials and
landscaping, and requested that more detailed plans be included in the future for
variance requests.
Roger Wheeler, an engineer representing the applicant, responded to questions from
the Town Council on the design of the screening wall, and further explained the
reason for the request due to the landscaping limitations presented by the drainage
easement.
After discussion, Councilmember Dixon made a motion and Councilmember
Vogelsang seconded the motion to table the item indefinitely to allow the applicant to
address the Town Council's concerns. The motion was approved by a vote of 7-0.
12. Update on the Parks, Recreation and Open Space Master Plan. (WM)
Parks & Recreation Manager Will Mitchell introduced Philip Neeley with Dunaway
Associates, who presented an update on the Parks, Recreation, and Open Space
Master Plan. Mr. Neeley reviewed the first two phases of the master planning
process which included preparing base maps and an inventory of the Town's park
system, demographic and standards analysis, and a needs assessment. Dunaway
has received feedback from the Parks, Recreation and Open Space Master Plan
Advisory Committee, and a Town Hall meeting was held in May of 2014 to get public
input. Phase 2 consists of the priority tanking analysis, a parks action plan, an
expenditure analysis, and then a preliminary and final master plan. Mr. Neeley
reviewed the results of the online survey of Town of Prosper residents that was
conducted in July of 2014 regarding needed facilities and amenities, and potential
funding options. Elizabeth McIlrath of Dunaway Associates continued the
presentation by reviewing in more detail the top fifteen high -priority rankings that were
identified in the survey. The Town Council encouraged the master plan to include a
realistic timeline for implementation, and to identify potential funding sources utilizing
public/private partnerships and other strategies to fund park improvements. The
master plan will include a five -to -ten-year implementation plan, cost information, and
amendments to park development standards. The action plan should be complete
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within six to eight weeks, with the final master plan to follow at a later date. No action
was taken on this item.
13. Discussion on the Frontier Park North and Sexton Park Conceptual Master
Plans. (PN)
Landscape Architect Paul Naughton introduced Elizabeth McIlrath of Dunaway
Associates, who presented this item before the Town Council. Dunaway has worked
with staff, gathered data, and completed an on -site assessment of Frontier Park
North and Sexton Park. Ms. McIlrath reviewed the existing conditions of Frontier
Park, and proposed initial ideas for program and facility improvements for the site.
She then identified opportunities and constraints for each site based on topography,
utilities, drainage, vegetation, and open space. The Town Council questioned the
need for additional picnic areas at Frontier Park, and proposed a partnership with
Prosper ISD to provide additional permanent parking. The Town Council would also
like to incorporate basketball courts and artificial turf at Frontier Park.
Ms, McIlrath continued the presentation on Sexton Park, which is largely
undeveloped. She reviewed the existing conditions of Sexton Park, and proposed
initial ideas for program and facility improvements for the site. She then identified
opportunities and constraints for each site based on topography, utilities, drainage,
vegetation, and open space. The Council prefers baseball and softball fields for
youth, not adults, at this particular site. While Sexton Park may not be the ideal site
for a nature park, it has good passive recreation opportunities. The Council asked
Dunaway to look at program elements at all of the Town's existing parks,
as well as
Frontier Park and Sexton Park to expedite the development of more sports fields. Mr.
Neeley stated that they are looking at program elements for all of the Town's parks in
the action plan that will be presented to the Town Council at a later date. No action
was taken on this item.
14. Update on Fire Department activities for 2015. (RT)
Fire Chief Ronnie Tucker presented this item before the Town Council. He briefed
the Council on the timeline and estimated cost for implementing an upgraded radio
system, constructing the second fire station, and hiring personnel to staff that station.
No action was taken on this item.
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.
15c. Section 551.071 — To discuss possible litigation regarding claims related
to landscaping and irrigation projects, and all matters incident and
related thereto.
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15d. Section 551.071 - Consultation with Town Attorney regarding legal
issues associated with proposed extraterritorial jurisdiction release, and
all matters incident and related thereto.
15e. Section 551.071 - Consultation with the Town Attorney regarding legal
issues associated with Chapter 551, Texas Government Code, and an
matters incident and related thereto.
15f Section 551.071 - Consultation with the Town Attorney regarding
possible litigation with the Texas Public Utility Commission, and all
matters incident and related thereto.
The Town Council recessed into Executive Session at 9:15 p.m.
Mayor Smith left the Executive Session at 9:51 p.m.
16. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 10,15 p.m. No action was
taken as a result of Executive Session.
17. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
• Discuss utility billing proration. (KA)
Finance Director Kent Austin briefed the Council on a proposal to prorate utility
bills for residents who start or end utility service mid -month.
• Outline of Residential Design Standards. (JW)
Development Services Director John Webb presented a list of proposed priorities
for revising the current development standards. Councilmember Dixon proposed
prohibiting siding on corner lot houses to the list of amendments.
• Discussion on Cockrell Park Improvements. (PN)
Landscape Architect Paul Naughton reviewed an itemized construction cost
estimate for various improvement options for Cockrell Park. Town staff will
present additional recommendations for improvements to existing parks at a Town
Council meeting in January 2015.
Deputy Mayor Pro-Tem Dugger requested that the Police Department offer traffic
control assistance to Celina, if needed, during the football playoffs,
Adjourn.
The meeting was adjourned at 10:47 p.m.
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These minutes approved on the 13th day of January, 2015.
APPROVED:
Ray Smith, Mayor
ATTF�T-
Robyn B le, Town Secretary
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