02.10.2015 Town Council MinutesMINUTES
Regular Meeting of the
TOWN OF Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas E XTuesday, February 10, 2015
Prosper is a place where everyone matters.
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-Tem Kenneth Dugger
Councilmember Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Mike Davis
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
John Webb, Director of Development Services
Frank Jaromin, Director of Public Works
Will Mitchell, Parks and Recreation Manager
Paul Naughton, Landscape Architect
Matt Richardson, Senior Engineer
January Cook, Purchasing Agent
Doug Kowalski, Police Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Herring of First Baptist Church of Prosper led the invocation. The Pledge
of Allegiance and the Pledge to the Texas Flag were recited.
Announcements of upcoming events.
Deputy Mayor Pro-Tem Dugger made the following announcements:
This afternoon, the Town held a swearing -in ceremony for its two newest members,
Officer Rafael Ramirez and Officer Azhar Ulhaq. We are proud to welcome these
newest members to our Police Department. The Town Council is also happy to
announce that Master Sgt. Erin Hubbard, a Prosper Police Officer, has returned from
an eight -month deployment overseas with the Air Force Reserves. Welcome home,
Officer Hubbard, and thank you for your service.
Page 1 of 7
On Saturday, February 21, the Prosper Police Department will hold a Cops, Coffee, &
Questions presentation at the Library from 10:00-11:30 a.m. This is an opportunity
for the community to stop in with questions and chat with our police officers.
On Monday, February 23, the Town will host a Public Input Meeting on the Parks,
Recreation, and Open Space Master Plan at Prosper High School beginning at 6:00
p.m. Residents are encouraged to attend to provide input into the development of the
Town's Park Facilities.
The Centennial Celebration Committee will host a presentation at the Prosper
Historical Society museum located at 605 East Seventh St., on February 26 from
6:00-7:30 p.m. The program will include a presentation by local historian Bill Hays, a
video produced by students at Prosper High School, and members of the Prosper
Historical Society will appear in period costumes. Attendees are encouraged to
browse through the museum following the program. Please contact Town Secretary
Robyn Battle for more information.
For the third time in four years, the Town of Prosper has been granted the Gold
Member Award from the Texas Comptroller Leadership Circle. The Town was judged
on the budget and annual financial report, transparency efforts, and public access to
information on the Town's web page. Congratulations to Town Manager Harlan
Jefferson, and the Finance Department staff for their commitment to keeping
residents informed of the Town's financial status.
A meeting of the newly -formed Prosper Lions Club will be held at the Cotton Gin at
1:30 p.m. on Wednesday, February 11. The meeting is open to interested members
of the public who wish to learn more about the Lions Club.
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 27, 2015
Town Council Strategic Planning Session — January 28, 2015
4b. Consider and act upon approving the purchase of one backhoe loader
for the Public Works Department, from RDO Equipment Company,
through the Texas Local Government Purchasing Cooperative. (JC)
4c. Consider and act upon approving the purchase of one sewer camera,
from Green Equipment Company, through the Houston -Galveston Area
Council (HGAC) Cooperative Purchasing Program. (JC)
4d. Consider and act upon approving the purchase of six pick-up trucks and
one sport utility vehicle for the Public Works and Building Inspection
Departments, from Silsbee Ford, through the Houston -Galveston Area
Council (HGAC) Cooperative Purchasing Program; and one sport utility
Page 2 of 7
vehicle for the Public Works Department, from Sam Pack's Five Star
Ford, through the State of Texas Cooperative Purchasing Program. (JC)
4e. Consider and act upon Ordinance No. 15-09 amending Article 12.05,
"Parking, Stopping, and Standing," of Chapter 12, "Traffic and Vehicles,"
of the Code of Ordinances of the Town of Prosper, Texas, by adding a
new section 12.05.003 "Parking of Commercial Motor Vehicles," and
reserving sections 12.05.004 through 12.05.030. (DK)
4f. Consider and act upon Resolution No. 15-10 supporting the introduction
and adoption of legislation in the Regular Session of the 84th Legislature
of Texas that increases funding for the Texas Recreation and Parks
Account and Large County and Municipality Recreation and Parks
Account Local Park Grant Programs, and the Texas State Park System.
(WM)
4g. Consider and act upon Resolution No. 15-11 authorizing the reduction
and release of the Town of Prosper's extraterritorial jurisdiction and
entering into a development agreement, as a result of the Interlocal
Agreement Between the Town of Prosper and Denton County Fresh
Water Supply District No. 10 for the Reduction and Release of
Designated Portions of the Town of Prosper's Extraterritorial
Jurisdiction, and Development Agreement Between the Town of Prosper
and CHS Savannah, L.P., by removing 61.003± acres of land from the
Town's extraterritorial jurisdiction, generally located west of FM 1385
and north of Fishtrap Road, and authorizing the Town Manager to
execute the same. (HW)
4h. Consider and act upon authorizing the Town Manager to execute a
Development Agreement between M/I Homes of DFW, LLC, and the Town
of Prosper, Texas, related to the extension of water lines to serve the
Preserve at Doe Creek development. (HW)
Mayor Pro-Tem Miller 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 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
Page 3 of 7
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. Conduct a Public Hearing, and consider and act upon a request to rezone 9.4±
acres, located 500± feet north of Prosper Trail, 3,000± feet west of Dallas
Parkway, from Agricultural (A) to Planned Development -Single Family-12.5 (PD-
SF-12.5). (Z14-0016). (JW)
Development Services Director John Webb presented this item before the Town
Council. This item was tabled at the January 13, 2015, Town Council meeting to give
the applicant the opportunity to reassess the request and determine if the lot layout
and recommended density requirements could be achieved. The applicant has
requested this item be tabled once again and the Public Hearing be continued to the
March 24, 2015, Town Council meeting to allow additional time to make adjustments
to lot configurations and floodplain reclamation.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Davis seconded
the motion to continue the Public Hearing and table the item to the March 24, 2015,
Town Council meeting. The motion was approved by a vote of 7-0.
7. Conduct a Public Hearing, and consider and act upon an ordinance to rezone
0.6± acres, located at the northwest corner of First Street and Church Street,
from Single Family-15 (SF-15) to Downtown Office (DTO). (Z14-0018). (JW)
Development Services Director John Webb presented this item before the Town
Council. The applicant has indicated that a single office building, centered on the
property, could be developed on the site. The proposed rezoning is in conformance
with the Future Land Use Plan, the Planning & Zoning Commission recommended
approval of the item, and Town staff recommended approval as well.
After discussion, Mayor Pro-Tem Meigs Miller made a motion and Deputy Mayor Pro -
Tern Dugger seconded the motion to approve the request and adopt Ordinance No.
15-12 to rezone 0.6± acres, located at the northwest corner of First Street and Church
Street, from Single Family-15 (SF-15) to Downtown Office (DTO). The motion was
approved by a vote of 7-0.
DEPARTMENT ITEMS:
Mayor Smith opened Items 8 and 9 concurrently.
8. Update on the Parks, Recreation, and Open Space Master Plan. (PN)
Landscape Architect Paul Naughton presented this item before the Town Council. At
the December 9, 2014, Town Council meeting, Dunaway Associates provided an
overview of the Parks, Recreation, and Open Space Master Plan. The Town Council
asked the consultants to return to a future meeting with a realistic timeline for
implementation, and potential funding sources for park improvements. Mr. Naughton
introduced Philip Neeley of Dunaway Associates who provided an update on the
progress of the Master Plan. Dunaway has worked closely with the Parks and
Recreation Board, and the Parks, Recreation, and Open Space Master Plan Advisory
Page 4 of 7
Committee, BRSConsulting, and citizen input toupdate the Master Plan. McNee/oy
presented e draft Parka Action Plan, identifying priority rankings for a[neniU6m, budget
esUnlotee, and potential funding sources. A Town Hall meeting is scheduled for
February 23for citizens to provide input on park facilities. Deputy W1ayo[Pro-Tem
C}ugger asked for a copy of the data from the citizen sun/ay, and the Town Council
discussed current and future options for increased accessibility Lotennis courts.
9. Discussion on the Frontier Park North and Sexton Park Conceptual Master
M[ Naughton introduced Elizabeth K8d|rath ofDunaway Associates who presented
an update on the Sexton Park project. Ms. K8c||rath presented three scenarios for the
development of Sexton Park, including options for 8 community cen18r, diamond
sports fie|da, multi -use sports fie|do, practice fie|ds, trail systems, open opace, tennis
nOurte, an amphitheater, and parking. Deputy Mayor Pro -Tenn mentioned that the
Prosper Historical Society would consider Sexton Park an appropriate location for a
Veterans K8emnor/o/, and toconsider itag an option in the design process. Council
consensus was that the community center should be located along First Street where
it would be more visible and moCassib|a, and the consultants should maximize the
number of youth diamond fields and multi -use areas. Council would like to see
options for different sizes for the community center, and whether the Town should
seek to build one large community center to nerve the entire oonmmuDity, or have two
smaller facilities on the east and west sides of Town. The Council also asked the
consultants toevaluate the use ofgrass versus artificial turf.
Ms. K8c|inath presented two options for the development of Frontier Park, which
included options for youth diamond fields, multi -use field apurtm, passive naoreobon.
and parking in different configurations. The Town Council asked for consultants to
consider artificial turf on practice and game fia/ds, and indicated that they may be
willing to forego some of the parking area and rely on shared parking with the future
Prosper /8D stadium in order to provide more usable field space. The consultants
were directed to revise the onnoepLuo| plan by maximizing the number ofdiamond
sports fields, [D8nirnizin0 the area ofmulti-use field mpodo. and making use of artificial
turf wherever possible. The Town Council also asked for data onfuture youth sports
registration as the population grVVvs, and potential partnerships for funding a
recreation center.
10L Road Projects U(HW)
Hulon Webb, Executive Director of Development and Community 8emioes, presented
this item before the Town Council. He reviewed future o|e/o for the continued
development of the OmUms North ToUwoy, U8 380. the intersections of US 380 and
SH 289 (Preston Road), and the intersection of US 380 and Dallas Parkway. Mr.
Webb then reviewed the nJmd and street projects in the Capital Improvement Plan.
He provided an overview of projects that have been recently comp|eted, projects
currently under construotion, projects in the design prooesa, and projects scheduled
for the next three fiscal years.
11. Consider and act upon approving the purchase and installation of new turf
irrigation within the medians on Preston Road' between US 380 to Frontier
00�
Parkway, from All Around Landscape &Construction, the TxDOT contracted
Page 5 of 7
Senior Engineer Matt Richardson presented this item before the Town Council. The
Texas Department of Transportation (TxDOT) awarded a contract to All Around
Landscaping and Construction for irrigation and landscaping of SH 289 (Preston
Road) between US 380 and FM 1461. The Town successfully negotiated an
exception to TxDOT's policy that would include irrigation of turf in the median. Upon
completion of the new design and scope of work, Town staff negotiated the price for
the additional materials and labor associated with the modifications to the original
scope of work.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember
Korbuly seconded the motion to approve the purchase of new turf irrigation within the
medians on Preston Road, between US 380 and Frontier Parkway, from All Around
Landscape & Construction, the TxDOT contracted vendor. The motion was approved
by a vote of 7-0.
12. Discussion on Commercial Building Permit Fees. (JW)
Development Services Director John Webb presented this item before the Town
Council. The Town's commercial permit fees were last updated in 2002. Town staff
conducted a survey of comparison cities, which indicated that the Town's commercial
permit fees are significantly lower than the comparison cities. Additionally, the Town
has recently engaged the services of Bureau Veritas, a third -party plan review and
inspection company, to assist the Building Inspections staff to ensure that plans and
facilities are reviewed and inspected in a timely manner. After discussion, the Town
Council did not give specific direction regarding the raising of fees, but agreed to
consider the matter during the budget process.
13. 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:
13a. Section 551.087 — To discuss and consider economic development
incentives.
13b. 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.
13c. Section 551.071 — Consultation with Town Attorney regarding legal
issues associated with proposed extraterritorial jurisdiction release, and
all matters incident and related thereto.
13d. Section 551.074 — To discuss and review the Town Manager's
performance evaluation.
The Town Council recessed into Executive Session at 8:51 p.m.
14. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
Page 6 of 7
The Town Council reconvened the Regular Session at 9:27 p.m. No action was
taken as a result of Executive Session.
15. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
• Frontier Park Parking. (HW)
Hulon Webb provided an update to Council, stating that staff would utilize
temporary signage or message boards on game days in Frontier Park as needed,
and continue to evaluate and make recommendations on the the parking and
traffic flow issue by working with the sports leagues and other stakeholders.
• Party at the Park, April 18, 2015. (RB)
Town Secretary Robyn Battle updated the Town Council on the "Party at the
Park," which is the final event to be hosted by the Centennial Celebration
Committee on April 18, 2015, from 2:00-6:00 p.m. in Frontier Park. The event will
begin with a ceremony at the Frontier Park Pavilion, followed by activities, food,
live music, arts and crafts vendors, and a kickball tournament.
Due to the upcoming Spring Break holiday, the Town Council agreed to cancel
the March 10, 2015, Town Council meeting.
Town Manager Harlan Jefferson announced that CoSery is considering
alternative properties for office space and a service center, other than First Street.
The Town Council agreed to provide individual feedback to the Town Manager
after reviewing the information.
16. Adjourn.
The meeting was adjourned at 9:56 p.m.
These minutes approved on the 24th day of February, 2015.
APPROVED:
Ray Smith, Mayor
AT T•
Robyn B t Ie, T6n ecre airy
Page 7 of 7