09.22.2015 Town Council Minutes2.
3.
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, September 22, 2015
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:05 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis (arrived at 6:11 p.m
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Edwin Voss, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Senior Planner
Jonathan Hubbard, Planner
Paul Naughton, Landscape Architect
Will Mitchell, Parks and Recreation Manager
Julie Shivers, Recreation Services Coordinator
Leslie Scott, Library Director
Cheryl Davenport, Finance Director
January Cook, Purchasing Agent
Baby Raley, Human Resources Director
Doug Kowalski, Police Chief
Ronnie Tucker„ Fire Chief
Stuart Blasingame, Assistant Fire Chief
Bryan Ausenbaugh, Fire Marshal
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Doug Kriz of Grace Christian Church led the invocation. The Pledge of Allegiance and
the Pledge to the Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Dixon read the following announcements:
Page 1 of 11
CI
The Prosper Police and Fire Departments are hosting a "Drug Take Back Day" on
Saturday, September 26, to provide a safe, convenient way to dispose of over-the-
counter or prescription medications. Residents may drop off unwanted or expired drugs
at the entry lobby of the Prosper Fire Station from 10: 00 a. m. - 2: 00 p.m.
On Tuesday, October 6, residents are encouraged to participate in National Night Out by
spending the evening outside visiting with neighbors and Prosper's public safety
personnel. This annual event was created to heighten awareness and strengthen
participation in local anti -crime efforts. Contact Officer Chris Peacock for more
information or to schedule a block party.
The 6th Annual Cory Ausenbaugh Memorial 5k and 1 Mile Fun Run will be held on
Saturday, October 10, at Windsong Ranch. Proceeds will benefit the Cory Ausenbaugh
Memorial Scholarship Foundation for a deserving Prosper High School Senior who is
pursuing a degree in education, and children of firefighters, police officers, and
educators who pass away prematurely. Contact Assistant Fire Chief Stuart Blasingame
for more information.
Senior Citizen residents are invited to attend a Senior Luncheon with the Mayor on
Wednesday, October 14, from 11:30 a.m. - 1:00 p.m. in Prosper Municipal Chambers.
Please RSVP to Julie Shivers in the Parks and Recreation Department by October 9.
Residents are invited to join the fun at Prosper's Homecoming Parade, to be held on
Wednesday, October 14, starting at 5:30 p.m. Come see a variety of floats representing
Prosper's community and school groups at one of the Town's biggest fall events.
Presentations
Presentation of a Proclamation to members of the Prosper Police Department
and Prosper Fire Department declaring October 6, 2015 as National Night Out.
(DK/RT)
Mayor Smith presented the Proclamation to Police Chief Kowalski, Fire Chief Tucker,
Assistant Fire Chief Blasingame, and Fire Marshal Ausenbaugh.
Presentation of a Certificate of Recognition to Assistant Fire Chief Stuart
Blasingame. (RB)
Mayor Smith presented the Certificate of Recognition to Assistant Chief Blasingame
for his recent assistance in helping to apprehend a robbery Suspect in Frisco.
Assistant Chief Blasingame was also recognized at a, ceremony hosted by the Plano
Police Department.
Presentation of a Proclamation to members of the Clothe a Child Program
declaring October 2015 as Clothe a Child Month. (RB)
Mayor Smith presented the Proclamation to John Taylor of the Clothe a Child
program.
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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 — September 8, 2015
5b. Receive the August 2015 Financial Report (CD)
5c. Consider and act upon Resolution No. 15-54 designating The Prosper
Press as the official newspaper of the Town of Prosper for Fiscal Year
2015-2016. (RB)
5e. Consider and act upon Ordinance No. 15-56 amending Article 3.19, 'Fence
Regulations" of Chapter 3, "Building Regulations," of the Town's Code of
Ordinances, by amending and establishing standards for wooden fences
adjacent to and visible from streets and requirements for open fencing.
(MD15-0003) (JW)
Councilmember Dixon removed Item 5d from the Consent Agenda.
Councilmember Dugger made a motion and Mayor Pro-Tem Miller seconded the motion
to approve all remaining items on the Consent Agenda. The motion was approved by a
vote of 7-0.
5d. Consider and act upon an ordinance amending the Town's Zoning
Ordinance, Ordinance No. 05-20, as amended„ by amending Subsection 4.2,
of Section 4, of Chapter 2; Subsection 5.2, of Section 5, of Chapter 2;
Subsection 6.2, of Section 6, of Chapter 2; Subsection 7.2, of Section ", of
Chapter 2; Subsection 8.2, of Section 8, of Chapter 2; Subsection 9.2, of
Section 9, of Chapter 2; Subsection 2.6(a)(1), of Subsection 2.6, of Section
2, of Chapter 4; Section 7, of Chapter 4, by adding thereto a new
subsection, 7.7, "Carport Design Standards„'; Subsection 9.8, of Section 9,
of Chapter 4; Section 9, of Chapter 4, by adding thereto new subsections,
9.19, "Alternating single family plan elevations" and 9.20, "Residential,
garage standards." (Z15-0005) (JW)
Development Services Director John Webb responded to questions from the Town
Council regarding masonry and fence requirements in the proposed ordinance. Mr.
'ebb amended the language in Section 9.8, A., 4,, with the agreement of the Town
Attorney to read: `Unless an alternate material is approved by the Town Council, any
portion of an upper story, excluding windows, that faces a street, public or private opera
space, public or private parks, or hike and bike trails, shall be 100% masonry and shall
not be comprised of cementatious fiber board.,
Councilmember Dixon made a motion :and Councilmember Dugger seconded the motion
to adopt Ordinance No. 15-55, subject to the amended language in Section 9.8, A., 4.
Page 3 of 11
The motion was approved by a vote of 7-0.
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.)
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.)
7. Conduct a Public Hearing, and consider and act upon a request to rezone 15.7±
acres, from Commercial (C) and Planned Development-25 (PD-25) to Planned
Development -Retail (PD-R), located on north side of US 380, 580± feet west of
Custer Road. (Z15-0011). (JW)
Development Services Director John Webb presented this item before the Town Council.
The purpose of the request is to develop a big box grocery store (Kroger) and
associated convenience store with gas pumps. Mr. Webb reviewed the proposed
development standard of the request. The applicant's proposed elevations were
designed to coordinate with the adjacent Lowe's elevations, and therefore, differ from
the elevations of the other Kroger developments in Town. The Planning & Zoning
Commission recommended approval of the request, subject to the applicant including a
minimum of 20% stone on the southern elevation.
Councilmember Korbuly left the meeting at 6:35 p.m.
Mayor Smith opened the Public Hearing.
Greg Winkler, representing the applicant, stated that he agreed with staff to coordinate
the elevations of the Kroger development with the adjacent Lowe's development, but did
not agree to include barn doors as part of the building's fagade.
Mayor Smith closed the Public Hearing.
Mr. Webb responded to questions from the Town Council related to the minimum
standards for stone as an exterior material, since the request does not meet the
minimum 20%. Council requested that the applicant return with a revised elevation that
includes the minimum requirement for stone, barn doors on the building fagade, and a
sign plan.
Page 4 of 11
Councilmember Dixon made a motion and Councilmember Dugger seconded the motion
to table the item to the October 27, 2015, Town Council meeting. The motion was
approved by a vote of 5-2, with Councilmember Davis casting the opposing vote, and
Councilmember Korbuly being absent for the vote.
8. Discussion on Town Hall/Multi-Purpose Facility. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council, Mr, Webb reviewed the feedback that Town staff and
Randall Scott Architects have received thus far: the facility is to be designed as all
interim facility, to be an economical as possible,, and to be designed with the intent of
repUrposing the building for another municipal use sometime in the future, The facility's
entrance should face south with an entrance on the north and south sides, and parking
available along Main Street. The Town Council would also like, to see designs for a two-
story option with architectural features similar to Prosper High School. Pogue
Construction Co., L.P., was approved as the Construction Manager -At -Risk for the Town
Hall/Multi-Purpose Facility at the September 8, 2015, Town Council meeting, Based on
feedback received from the Town Council, Randall Scott Architects and Pogue
Construction have been able to further refine cost estimates in an effort to address
Council's comments on the square footage cost of the proposed facility.
Mr. Webb introduced each Walker from Pogue Construction who reviewed the square
footage costs of similar facilities, escalatedto today's prices, The Town Council was
provided with handouts Of updated, cost estimates. Randall Scott explained some of the
cost reductions in the additional building -related costs portion of the extimate, David
Karcher of Pogue Construction explained that some portions of the building may have a
higher cost per square footage than others, and, that some of the costs are still unknown,
such as some of the utility installation and site preparation costs. Town Manager Harlan
Jefferson explained that items such as sewer and drainage for the project are included in
the Town's Capital improvement Program, and are not included in the cost estimate,
The Town Council asked that information on the Collin Central Appraisal District building
be brought forward in the next discussion. No further action was taken.
9. Consider and act upon an ordinance amending Appendix A, "Fee Schedule," to
the Town's Code of Ordinances by repealing existing Appendix A, "Fee
Schedule," and adopting a new Appendix A, "Fee Schedule." (RB)
Town Secretary Robyn Battle presented this item before the Town Council, Earlier this
year, the Town Secretary's Office began a project to audit and update Appendix A, the
Fee Schedule, in the Town's Code of Ordinances. In addition to some fee increases,
Town staff has identified several errors and omissions in the Fee Schedule, The Fee
Schedule is composed of the 18 sections; however, the proposed fee changes will only
affect six of those sections.
Sec. 1 Construction Permits and Fees
The Building Inspections division is not proposing any fee increases at this time;
however, there are several fees that were adopted by ordinance, but never codified.
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The Fee Schedule will be updated to reflect the correct fees. This entire section will be
reviewed at a later date for potential fee changes.
Sec, V Development Fees
Development Services is proposing to increase their application fees for zoning changes
and plat filings, simplifying the ways the fees are calculated, and removing the required
number of copies of plats that must be submitted at the time of application. The
department has also introduced a new property owner notification fee.
Sec. VIII Miscellaneous
Miscellaneous fees are stand-alone fees that do not belong in other sections of the Fee
Schedule. The Library Fees have been included in this section. The Library Director is
not proposing an increase in late fees for books or DVD's, but is recommending a fee for
lost items and a fee to patrons to recover the cost of shipping for Inter -Library Loan
materials. This fee is a standard fee set by the Texas State Library. Another proposed
fee for this section is the fee the Town charges for notary services, which is $5.00 for the
first signature, and $1.00 for each additional signature. This is the maximum fee allowed
to be charged by the Texas Secretary of State.
Sec. IX Water and Sewer Rates
Utility billing is not recommending a change in rates at this time; however, there are
some corrections that need to be made in this section of the Fee Schedule related to
turnoffs and reconnects, and the fee for irrigation service initiation.
Sec. XI Rates for Collection of Solid Waste and Recvclables
There are no proposed fee changes in this section, however the bulk pickup schedule
needs to be updated to clarify language regarding Household Hazardous Waste
vouchers.
Sec, XIII Parks and Recreation User Fees
The Parks and Recreation Department is proposing a new fee structure for the rental of
Frontier Park Pavilion. The proposal is a three -tiered structure based on the number of
participants, there will continue to be different fee structures for residents versus non-
residents. The deposit and cancellation policies will remain the same.
All of the proposed updates to the Fee Schedule have been determined by Town staff to
be reasonable changes that will increase revenue and help offset the cost of staff time
and maintenance requirements. This update will also serve as a housekeeping effort to
eliminate outdated language and streamline the Fee Schedule to make it easier to read
and understand.
After discussion, Councilmember Dugger made a motion and Councilmember
Vogelsang seconded the motion to adopt Ordinance No. 15-57 amending Appendix A,
"Fee Schedule," to the Town's Code of Ordinances by repealing existing Appendix A,
"Fee Schedule," and adopting a new Appendix A, "Fee Schedule. The motion was
approved by a vote of 6-1, with Councilmember Korbuly being absent for the vote.
10. Consider and act upon an ordinance adopting the Fiscal Year 2015-2016 Annual
Budget for the fiscal year beginning October 1, 2015, and ending September 30,
2016.(HJ)
Page 6 of 11
Mayor Smith opened Item 10 and Item 11 concurrently. Town Manager Harlan Jefferson
presented both items concurrently. Mr. Jefferson stated that the FY 2015-2016 does not
include a tax rate increase, or fee increases for water, sewer, solid waste or storm
drainage services. The focus on the budget is public safety, streets and parks. He
reviewed the consolidated fund summaries, the Town's tax rate history, and the effect
the proposed tax rate will have on the average homeowner. Mr. Jefferson then
addressed a list of specific discussion items related to the budget about which the
Council has requested further information.
After discussion, Councilmember Dixon made a motion and Councilmember Vogelsang
seconded the motion to adopt Ordinance No. 15-58, adopting the Fiscal Year 2015-2016
Annual Budget for the fiscal year beginning October 1, 2015, and ending September 30,
2016, as proposed. Town Secretary Robyn Battle called the roll, and Council Members
responded as follows:
Councilmember Dixon — approved
Councilmember Davis — opposed
Councilmember Dugger — approved
Deputy Mayor Pro-Tem Vogelsang — approved
Mayor Smith — approved
Mayor Pro-Tem Miller — approved
Councilmember Korbuly — absent
The motion was approved by a vote of 5-2.
Councilmember Dixon made a motion and Councilmember Dugger seconded the motion
to ratify the property tax revenue increase as reflected in the Fiscal year 2015-2016
Adopted Budget. The motion was approved by a vote of 6-1, with Councilmember
Korbuly being absent for the vote.
11. Consider and act upon an ordinance adopting the Town of Prosper 2015 Property
Tax Rate. (HJ)
Councilmember Dixon made a motion and Councilmember Dugger seconded the motion
to adopt Ordinance No. 15-59, that the property tax rate be increased by the adoption of
a tax rate of $0.52 per $100 assessed valuation, which is effectively an 8.20 percent
increase in the tax rate. Town Secretary Robyn Battle called the roll, and Council
Members responded as follows:
Councilmember Dixon — approved
Councilmember Davis — approved
Councilmember Dugger — approved
Deputy Mayor Pro-Tem Vogelsang — approved
Mayor Smith — approved
Mayor Pro-Tem Miller — approved
Councilmember Korbuly — absent
The motion was approved by a vote of 6-1
12. Consider and act upon an ordinance establishing a Homestead Tax Exemption.
(CD)
Page 7 of 11
Finance Director Cheryl Davenport presented this item before the Town Council. She
reviewed an analysis of the effect of a Homestead Exemption on the Town's assessed
values ranging from a 1 % to 20% exemption, and the effect such exemptions would
have on the Town's revenue and the average homeowner. She responded to various
scenarios related to the exemption rate, and the corresponding effects on the Town's
fund balance and tax rate.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger
seconded the motion to adopt Ordinance No. 15-60 establishing a Homestead Tax
Exemption of seven and one-half percent (7.5%). The motion was approved by a vote of
6-1, with Councilmember Korbuly being absent for the vote.
13. Consider and act upon a resolution adopting the Fiscal Year 2015-2016 Capital
Improvement Program. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. Town staff has prepared the FY 2015-2016
Proposed Capital Improvement Program (CIP), which includes budgeted capital projects
for FY 2015-2016, and major planned capital projects for a ten-year planning window.
Mr. Webb provided an overview of the CIP and responded to questions from the Town
Council.
Councilmember Dugger made a motion and Mayor Pro-Tem Miller seconded the motion
to adopt Resolution No. 15-61 adopting the Fiscal Year 2015-2016 Capital Improvement
Program. The motion was approved by a vote of 6-1, with Councilmember Korbuly
being absent for the vote.
14. Consider and act upon authorizing the Town Manager to execute a Water
Improvement Development Agreement between Bloomfield Homes, LP, and the
Town of Prosper, Texas, related to the extension of water lines to serve the
Prosper Lake on Preston development. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. Bloomfield Homes, LP, is developing Prosper Lake
on Preston, and in order to facilitate the development, they will be required to extend a
20" water line. Since the proposed water line is depicted on the Town of Prosper Water
System Capital Improvement Plan, the actual costs for the design and construction of
the improvements are eligible for reimbursement of water impact fees owed by the
development. The purpose of the Water Improvement Development Agreement is to
outline the obligations of the Town of Prosper and Bloomfield Homes, LP, related to the
design, construction, and reimbursement of water impact fees to fund the project. Mr.
Webb reviewed the terms of the agreement.
Councilmember Vogelsang made a motion and Councilmember Dixon seconded the
motion authorizing the Town Manager to execute a Water Improvement Development
Agreement between Bloomfield Homes, LP, and the Town of Prosper, Texas, related to
the extension of water lines to serve the Prosper Lake on Preston development. The
motion was approved by a vote of 6-1, with Councilmember Korbuly being absent for the
vote.
Page 8 of 11
15. Consider and act upon a resolution authorizing the Town Manager to execute an
application to the Texas Parks & Wildlife Department Outdoor Recreation Grant
for the development of Frontier Park North. (PN)
Landscape Architect Paul Naughton presented this item before the Town Council. Town
staff is developing an application for the Texas Parks & Wildlife Department Outdoor
Recreation Grant to assist in the development of Frontier Park North. The grant
program assists local units of government with the acquisition and/or development of
public recreation areas and facilities, providing 50% matching grants on a
reimbursement basis to eligible applicants. The project will add amenities to the existing
Frontier Park such as additional sports fields, a covered pavilion for community
gatherings, a hike and bike trail, and additional parking. Mr. Naughton stated that the
Town is pursuing additional grant funding through Collin County.
Councilmember Dugger made a motion and Councilmember Davis seconded the motion
to adopt Resolution No. 15-62 authorizing the Town Manager to execute an application
to the Texas Parks & Wildlife Department Outdoor Recreation Grant for the development
of Frontier Park North. The motion was approved by a vote of 6-1, with Councilmember
Korbuly being absent for the vote.
16. 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:
16a. Section 551.087 — To discuss and consider economic development
incentives.
16b. 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.
16c. Section 551.074 — To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks & Recreation Board,
Library Board, Prosper Economic Development Corporation Board, and
Planning & Zoning Commission.
The Town Council recessed into Executive Session at 8:25 p.m.
17. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:25.
Councilmember Dugger made a motion and Mayor Pro-Tem Miller seconded the motion
to authorize the Town Manager to execute on behalf of the Town an Economic
Development Incentive Agreement with Lowe's Home Centers, LLC, and the Prosper
Economic Development Corporation. The motion was approved by a vote of 6-1 with
Councilmember Korbuly being absent for the vote.
Page 9 of 11
18.
Councilmember Dixon made a motion and Councilmember Korbuly seconded the motion
to appoint the following individuals to the Town's Boards and Commissions, with terms
to begin on October 1, 2015:
BOARD NAME TERM EXPIRES APPOINTEE
BOARD OF ADJUSTMENT / CONSTRUCTION BOARD OF APPEALS
Place No. 1 (Alt.)
.
09-30-2017
Brent Wells
..............................................
Place No. 3
09-30-2017
George Dupont
Place No. 5
09-30-2017
Tracy Kirl
Place No. 7
09-30-2017
Phyllis Hoffschwelle
ECONOMIC DEVELOPMENT CORPORATION
Place No. 5
2018
Reno Jones
..................................
Place No. 6
.
09._._.........
2018
Jordan Simms
P. lace No. 7
Billy Hurst
LIBRARY BOARD
Place No. 1
09-30-2017
Lucy Towle —
w...................................................................
Place No. 3
...............................
09-30-2017
Jeff Webster
..
Place No. 5
.�..._. ���
09-30-2017 ..... m.....
Jennifer Stice
Place No. 7
09-30-2017
James Sanders
PARKS AND RECREATION BOARD
_____.....................................................................
Place No. 1
09-30-2017
Barbara Cottone
...................... _
Place No. 3_0
�...............
2017
Bobby Atteberry
Place No. 5 ......
09-30 20.......7
17
Amy Bartley
,Place No. 7
7
09-30-201........... mmm .
Mandy Goddard
PLANNING AND ZONING COMMISSION
Place No. 1
............_ ..Robertson
09-30-2017
Chad
..................
lace PNo. 3
09-30-2017
Cram Andres
Place No. 5.....................m.............
.09-3.0.-2017
Tripp .
w_... Davenport
7
P..a....c___eo. ....N................. _
09-30-2017
Brandon Daniel
mm .............................
The motion was approved by a vote of 6-1, with Councilmember Korbuly being absent
for the vote.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• TIRZ No. 1 and TIRZ No. 2 Board of Directors (HJ)
Town Manager Harlan Jefferson asked for Council feedback on the appointment of
the Board of the Directors for the Town's two TIRZ Boards, suggesting that each be
given place numbers to ensure continuity and prevent confusion if and when board
members change. Mayor Smith suggested that a County Commissioner or designee
be assigned a place on the Board of Directors for each TIRZ Board.
• Discussion on the Lower Pressure Plane Ground Storage Tank and Pump
Station Project. (HW)
Page 10 of 11
Jeff Payne of Freese and Nichols provided an update to the Town Council on the
proposed location of the Lower Pressure Plane Ground Storage Tank and Pump
Station Project. He provided information on potential sites, with cost estimates for
each location. To provide needed service to the Town, the project should be in
service by 2018.
Councilmember Korbuly returned to the meeting and took his place at the Council
bench at 9:52 p.m.
Mr. Payne stressed that the key to keeping costs down is to choose a site on higher
ground. Staff was directed to explore the two options utilizing the North Texas
Municipal Water District sites.
Discussion of portable restrooms at the southwest corner of Frontier Park.
(HW)
Hulon Webb provided information on parks in comparison cities related to number of
restroom facilities and distance between restroom facilities and play areas. He also
provided a cost estimate on constructing a permanent restroom facility at the
location. Town staff was directed to install two portable restrooms near the batting
cages in Frontier Park for the duration of the fall playing season.
23. Adjourn.
The meeting was adjourned at 10:21 p.m. on Tuesday, September 22.
These minutes approved on the 13th day of October, 2015.
APPROVED:
Ray Smith, 4
yor
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