01.27.2015 Town Council MinutesMINUTES
Regular Meeting of the
TOWN OF,, Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
JA Tuesday, January 27, 2015
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:01 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Jason Dixon (arrived at 6:11 p.m.)
Staff Members Present:
Harlan Jefferson, Town Manager
Angela Tucker, Administrative Assistant
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
Dan Heischman, Senior Engineer
Matt Richardson, Senior Engineer
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.
Pastor Jason McConnell of Prosper United Methodist Church led the invocation. The
Pledge of Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Councilmember Korbuly made the following announcements:
Registration for the Active Adults' Choctaw trip that is scheduled for Wednesday,
February 11, 2015, is being accepted by staff. More information is available at
www. prosperparksandrec. ora.
The free annual Trout Derby, newly branded as the Family Fishing Derby, will be held
on Saturday, March 7 from 9-11 a.m. Please visit the Parks and Recreation website
at www.prosperparksandrec.orq. to register for this fun -filled family event.
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As the year -long Centennial Celebration in Prosper passes the half -way point, the
Town is featuring a walk through history with local author Bill Hays who has written
two extensive volumes on Prosper's 100-year journey. A story time session designed
for youngsters will be held on February 5 at 11:00 a.m. at the Prosper Historical
Society's museum located in the Prosper ISD Board Room, 605 East Seventh St.
Songs, dances, and stories directly related to the day's topic will be included. Several
members of the Prosper Historical Society will appear in period costumes. A second
presentation is set for Thursday, February 26 form 6 p.m. to 7:30 p.m. at the same
locations that will be geared toward adults and families with older children. Any
additional details that become available regarding the February 26 presentation will
be provided closer to the time of the 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.)
4a. Consider and act upon minutes from the following Town Council
meetings. (RB)
• Regular Meeting — January 13, 2015
4b. Consider and act upon Resolution No. 15-08 approving the exclusion of
land from the boundaries of Prosper Management District No. 1. (RB)
4c. Receive the December 2014 financial report. (KA)
4d. Receive the Quarterly Investment Report for the quarter ending
December 31, 2014. (KA)
4e. Consider and act upon approving the purchase of two public safety
rated sport utility vehicles for the Police Department, from Holiday
Chevrolet, through a Tarrant County contract. (DK)
4f. Consider and act upon authorizing the Town Manager to execute a
License and Irrigation/Landscape Maintenance Agreement between D.R.
Horton -Texas, Ltd., Hawk Ridge Community Association, and the Town
of Prosper, Texas, related to the perimeter landscaping improvements
within the Hawk Ridge development. (HW)
4g. Consider and act upon adopting the Stormwater Management Program
requirement to meet conditions of the TCEQ General Permit to discharge
under the Texas Pollutant Discharge Elimination System. (DH)
4h. Consider and act upon Ordinance No 15-06 rezoning 56.5± acres, located
on the west side of Teel Parkway, 300± feet south of Fishtrap Road,
amending Planned Development-40 (PD-40), Exhibit C, Section 3., c., c.
(Townhouse Uses), and d. (Residential Development Standards). (JW)
4i. Consider and act upon Ordinance No. 15-07 amending Chapter 3,
"Building Regulations," of the Town's Code of Ordinances, by adding a
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new Article 3.19, "Fence Regulations," and repealing Ordinance No. 12-
01. (JW)
4j. 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 Mayor Pro-Tem Miller seconded
the motion to approve all items on the Consent Agenda. 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
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.)
DEPARTMENT ITEMS:
6. Discussion on updating of utility billing policies. (KA)
Finance Director Kent Austin presented this item before the Town Council. Town
staff is proposing to prorate water and sewer charges for customers who have service
for only a partial month. Residents who move, but stay within the Town limits of
Prosper, are currently charged the base monthly amounts twice; once at the old
address, and once at the new address. Mr. Austin presented a proposed proration
schedule, and a modified fee schedule, dependent upon when the customer initiates
or terminates service. He also proposed a new process for handling an
unexplainable or unusually large bill. Proposed changes to this policy and other
Utility Billing policies in Article 13.07 of the Code of Ordinances will be brought before
Council for consideration at a future meeting.
Kelly Vanaman, Utility Billing Administrator responded to questions from Council on
the frequency of residents moving within the Town limits, which is typically 2-3 times
per month. The new policy would allow the Utility Billing Administrator the flexibility to
waive fees that are charged twice within one month, and to work with customers who
have an unusually large bill.
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Mayor Smith opened Item 7 and Item 8 concurrently.
7. Consider and act upon an amendment to the Capital Improvement Plan (CIP).
(MR)
8. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Freese and Nichols, Inc., and the
Town of Prosper, related to the Lower Pressure Plane 42-Inch Transmission
Line Alignment Study Project. (MR)
Senior Engineer Matt Richardson presented this item before the Town Council. The
proposed amendment to the Capital Improvement Plan is to add an additional
$10,100 to the Lower Pressure Plane Pump Station and 42-Inch Transmission Line
Project.
Mr. Richardson continued the presentation by reviewing the proposed contract with
Freese and Nichols for the engineering services for the Lower Pressure Plane 42-
Inch Transmission Line Alignment Study Project. He responded to questions from
Council about the proposed agreement, including the budget, and easement
acquisition. The Transmission Line and the 10 MGD pump station are scheduled to
be online by the summer of 2018 to supply additional water to fast growing areas on
the west side of Prosper. Mr. Richardson and Hulon Webb, Executive Director of
Development and Community Services, answered additional questions from Council,
comparing the Lower Pressure Plane project with the Upper Pressure Plane project,
and addressing concerns regarding the capacity of the future pump station.
After discussion, Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve an amendment to the Capital Improvement
Plan (CIP). The motion was approved by a vote of 7-0.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly
seconded the motion to authorize the Town Manager to execute a Professional
Engineering Services Agreement between Freese and Nichols, Inc., and the Town of
Prosper, related to the Lower Pressure Plane 42-Inch Transmission Line Alignment
Study Project.
9. Consider and act upon awarding Bid No. 2015-19-B to Groves Electrical
Service, Inc., related to construction services for the SH 289 Median Lighting
project; and authorizing the Town Manager to execute a construction
agreement for same. (MR)
Senior Engineer Matt Richardson presented this item before the Town Council. The
project will include the installation of continuous median street lighting on SH 289
(Preston Road) between US 380 and Frontier Parkway with decorative poles and
LED lighting fixtures. The project should be completed by June of 2015.
January Cook, Purchasing Agent, responded to questions from the Town Council
regarding reducing the number of lighting assemblies, and Mr. Richardson and Mr.
Webb responded to questions related to the lighting design and spacing.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember
Korbuly seconded the motion to award Bid No. 2015-19-B to Groves Electrical
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Service, Inc., related to construction services for the SH 289 Median Lighting project;
and authorizing the Town Manager to execute a construction agreement for same.
10. Discussion on Park Development and Open Space opportunities. (HW)
Hulon Webb presented this item before the Town Council. At the December 9, 2014,
Town Council meeting to discuss potential improvements to Cockrell Park, the Town
Council asked staff to look at existing park areas that may be improved to provide
additional practice space. Mr. Webb reviewed a list of existing park areas that could
be improved. He then listed existing park areas that have recently been constructed
that will provide additional practice space, and other park areas that are in various
stages of development. Funding sources would need to be identified to pursue any of
the suggested improvements. The Town Council discussed various options for park
improvement.
Mayor Smith recognized the following individual who requested to speak on this item:
Jack Dixon, 810 Long Valley Court, Prosper, encouraged the Council to focus on
Town facilities as well as Park facilities.
Mr. Webb continued to respond to questions on various options for park
development, and received feedback from the Town Council.
Richard McGrath, 731 Buffalo Springs Drive, Prosper, encouraged the Town Council
to follow the Parks & Recreation Master Plan and utilize community feedback to
determine the Town priorities. He also encouraged the Town to develop a
' cooperative relationship with the City of Frisco when planning for Parks & Recreation
facilities.
11. 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:
11a. Section 551.087 — To discuss and consider economic development
incentives.
11b. 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.
11 c. Section 551.071 — Consultation with Town Attorney regarding legal
issues associated with proposed extraterritorial jurisdiction release, and
all matters incident and related thereto.
11d. Section 551.074 — To discuss and review the Town Manager's
performance evaluation.
The Town Council recessed into Executive Session at 7:28 p.m.
12. 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 8:11 p.m.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly
seconded the motion to approve a contract for the Town Manager as discussed in
Executive Session. The motion was approved by a vote of 7-0.
13. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
• Illuminated Street Name Signs. (HW)
Mr. Hulon Webb updated the Town Council on the proposed street name signs.
An item for the purchase of the signs will be brought forward at the February 24,
2015, Town Council meeting for consideration.
• Zoning Improvement Process. (JW)
Development Services Director John Webb updated the Council on proposed
changes to the zoning process, including holding the public hearing and adopting
the zoning ordinance at the same meeting, particularly for non -controversial
items.
Councilmember Korbuly expressed concern regarding the traffic flow at Frontier
Park. Staff is considering options that include installing directional signage, and
utilizing Town staff to direct traffic, as needed. Town staff will provide a
recommendation at a future meeting.
Deputy Mayor Pro-Tem asked for an update on the development of the
intersection of US 380 and the Dallas North Tollway, particularly related to the
southbound access road and a potential overpass.
Councilmember Dixon requested that staff provide a report on the amount the
Town has paid to Freese and Nichols from 2013 to present.
14. Adjourn.
The meeting was adjourned at 8:27 p.m.
These minutes approved on the 10th day of February, 2015.
ATTEST? _
Robyn Ba le, Town Secretary
APPROVED:
1
Ray Smith, Mayor
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