02.24.2015 Town Council Minutesdilk
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T0WN OF S P E A
Prosper is a place where everyone mutters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Jason Dixon
Council Members Absent:
Mayor Pro-Tem Meigs Miller
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 24, 2015
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
Dan Heischman, Senior Engineer
Todd White, Building Official
Will Mitchell, Parks & Recreation Manager
Matt Furr, Parks Superintendent
Kim Galvin, Interim Finance Director
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.
3. Announcements of upcoming events.
Deputy Mayor Pro-Tem Dugger made the following announcements:
Trash pick-up has been delayed this week due to the inclement weather. Tuesday's
pickup has been delayed until Wednesday, and Friday's pickup has been delayed
until Saturday. Bulk trash pickup will remain on Saturday. This schedule is subject to
change due to the weather. Updated information on pick-up schedules will be posted
on the Town website and Facebook page as it becomes available.
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The annual Trout Derby, newly branded as the Family Fishing Derby, will be held on
Saturday, March 7 from 9:00 -11:00 a.m. Registration is also open for the "Party at
the Park" Kickball Tournament to be held on April 18, and for the Spring Men's
Softball League, which will begin on March 19. More information is available at
www.prosperparksandrec.orq.
The Centennial Celebration Committee "Prosper History With Bill Hays" at the
Prosper History Museum, located at 605 E. 7th St., on February 26 from 6:00 - 7:30
p.m. Attendees are encouraged to browse through the museum following the
program.
Also on Thursday, February 26, the City of McKinney will host a public meeting
regarding the proposed widening of Custer Road from US 380 to Frontier Parkway.
The meeting will take place at Lighthouse Christian Fellowship Church, 4331 E.
Prosper Trail, from 6:00 — 8:00 p.m.
On Saturday, March 14, the library will hold a Dr. Seuss event at 11:00 a.m. Stories,
crafts, and games will be offered, and Dr. Seuss, Thing 1 and Thing 2 will be in
attendance.
The Town Council would like to welcome Kim Galvin as the Town's Interim Finance
Director, and Todd White, the Town's new Building Official.
The Town Council would especially like to thank the Police Department and Fire
Department for their outstanding efforts during the recent severe weather event.
Public Safety employees responded to multiple accidents, pulled stranded vehicles
from ditches, public safety employees ensured that essential dispatch personnel were
provided with a safe ride to work, and several employees went above and beyond
their normal duties to ensure the safety of our citizens and their property during the
ice storm.
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.)
Deputy Mayor Pro-Tem Dugger removed Item 4e from the Consent Agenda.
Councilmember Korbuly removed Item 4h from the Consent Agenda.
Councilmember Davis removed Item 4a from the Consent Agenda.
4b. Consider and act upon Resolution No. 15-13 ordering a General Election
to be held on May 9, 2015, and authorizing the Town Manager to execute
contracts with the Collin County Election Administration, the Denton
County Election Administration, the Prosper Independent School
District, and the Collin College District for joint election services. (RB)
4c. Consider and act upon canceling the March 10, 2015, Town Council
meeting. (RB)
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4d. Receive the January 2015 Financial Report. (KG)
4f. Consider and act upon authorizing the Town Manager to execute a
Channel Maintenance Agreement between Two-J Partners, LLLP, and
the Town of Prosper, Texas, related to the maintenance of offsite
drainage improvements to serve the Parks at Legacy development. (HW)
4g. Consider and act upon authorizing the continued use of a Professional
Services Agreement with Bureau Veritas North America, Inc., related to
third -party building permit plan review and inspection services. (JW)
4i. Consider and act upon approving the purchase and installation of
illuminated street name signs for various intersections on Preston Road
and Coleman Street from Consolidated Traffic Controls, Inc., through the
Houston -Galveston Area Council (HGAC) Cooperative Purchasing
Program. (MR)
4j. Consider and act upon authorizing the Town Manager to execute a First
Amendment to the Temporary Parking Lot Agreement between the
Prosper Independent School District, and the Town of Prosper, Texas,
related to overflow parking at Frontier Park. (WM)
4k. 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 Items 4b, 4c, 4d, 4f, 4g, 4i, 4j, and 4k on the
Consent Agenda. The motion was approved by a vote of 6-0.
4e. Consider and act upon approving the purchase and installation of a
central irrigation controller system for the Parks and Recreation
Department, from Interspec, LLC, through the Texas Local Government
Purchasing Cooperative. (MF)
Parks Superintendent Matt Furr responded to questions from Council
regarding whether the irrigation was for medians or parkland. Mr. Furr
responded that it was for both; the central irrigation controller will allow staff to
quickly identify malfunctions in an irrigation line, saving time, money, and
conserving water. Deputy Mayor Pro-Tem Dugger made a motion and
Councilmember Korbuly seconded the motion to approve the purchase and
installation of a central irrigation controller system for the Parks and
Recreation Department, from Interspec, LLC, through the Texas Local
Government Purchasing Cooperative. The motion was approved by a vote of
6-0.
4h. Consider and act upon authorizing the Town Manager to execute a
License Agreement between TVG Texas I, LLC, Windsong Ranch
Community Association, Inc., and the Town of Prosper, Texas, related to
the installation and maintenance obligations of improvements
consisting of landscaping, trees, root barriers, irrigation, and/or
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drainage facilities within the right-of-ways of the public roads in
Windsong Ranch, Phase 1A and Phase 1B. (DH)
Senior Engineer Dan Heischman responded to questions from Council
regarding the location of the landscaping in the agreement, and the
maintenance obligations. Mr. Heischman clarified that the property owner,
TVG Texas I, LLC and/or Windsong Ranch Community Association, Inc., will
be responsible for maintenance of the right-of-way in question.
Councilmember Korbuly made a motion and Councilmember Dixon seconded
the motion to authorize the Town Manager to execute the Street Tree License
Agreement between TVG Texas I, LLC, Windsong Ranch Community
Association, and the Town of Prosper, Texas, related to the installation
obligations of improvements consisting of landscaping, trees, root barriers,
irrigation and/or drainage facilities within the right-of-ways of the public roads
in Windsong Ranch, Phase 1A and Phase 1 B. The motion was approved by a
vote of 6-0.
4a. Consider and act upon minutes from the following Town Council
meeting. (RB)
• Regular Meeting — February 10, 2015
Town Secretary Robyn Battle responded to questions regarding the
cancellation of the March 10, 2015, Town Council meeting. Councilmember
Korbuly made a motion and Councilmember Davis seconded the motion to
approve the minutes from the February 10, 2015, Town Council meeting. The
motion was approved by a vote of 6-0.
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.)
PUBLIC HEARINGS:
6. Conduct a Public Hearing, and consider and act upon an ordinance amending
Specific Use Permit-4 (SUP-4), to allow for Office/Showroom uses, on 5.4±
acres, located on the east side of Prosper Commons Boulevard, 300± feet south
of Richland Boulevard. (S15-0001). (JW)
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Development Services Director John Webb presented this item before the Town
Council. The Town Council approved SUP-4 in 2008 to allow for Mini -Warehouse
uses on the subject property. The proposed SUP amendment is to allow for
Office/Showroom uses in the existing building, as was anticipated with the approval of
the original SUP, as well as the location and maximum building area where
Office/Showroom uses would be allowed in the building. Mr. Webb indicated that
adequate parking would be provided.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing
Mr. Webb reviewed the list of permitted uses for the Town Council, and clarified that
Office/Showroom would only be permitted on the first floor of the building. After
discussion, Councilmember Davis made a motion and Councilmember Dixon
seconded the motion to approve Ordinance No. 15-14 amending Specific Use Permit-
4 (SUP-4), to allow for Office/Showroom uses, on 5.4± acres, located on the east side
of Prosper Commons Boulevard, 300± feet south of Richland Boulevard. The motion
was approved by a vote of 6-0.
DEPARTMENT ITEMS:
7. Consider and act upon awarding Bid No. 2015-22-B to Tiseo Paving Co. related
I to construction services for the Coleman Street Improvements (Prosper Trail to
Talon Lane) 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. He
reviewed the timeline for construction, which is expected to be complete by the
middle of August 2015, The project will require the full closure of Coleman Street
from Preston Trail to Talon Lane from June 6 through August 14, 2015, in order for
the project to be completed on time. Town staff will work with the postal service and
the Public Works Department to ensure the impact on adjacent residents is
minimized. Mr. Richardson reviewed the potential conflicts with utilities and efforts to
mitigate them. The second phase of the project will require an additional contract,
funding, and budget amendment to extend Coleman Street from Prosper High School
through to Preston Road. Mr. Richardson responded to Council's questions
regarding penalty clauses in the contract and liquidated damages. The contract has
been reviewed by the Town's purchasing agent and Town Attorney, and contains all
of the standard insurance requirements for Town contracts.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember
Vogelsang seconded the motion to award Bid No. 2015-22-B to Tiseo Paving Co.
related to construction services for the Coleman Street Improvements (Prosper Trail
to Talon Lane) project; and authorize the Town Manager to execute a construction
agreement for same. The motion was approved by a vote of 6-0.
8. Consider and act upon authorizing the Town Manager to execute a Road
Improvements and Construction Agreement ("West Prosper Roads") between
TVG Texas 1, LLC, M11 Homes of DFW, LLC, Prosper Economic Development
Corporation, and the Town of Prosper, Texas, related to the design and
construction of the West Prosper Roads project. (HW)
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Hu|on Webb, Executive Director VfDevelopment and CornrnuOhv 8ervioea, presented
this item before the Town Council. As a result of ongoing development and
population growth in eastern Denton County and the vveebsrn portion of the Town of
Pooaper, there is an increased need to improve many of the existing roads on the
western side of Town. The proposed agreement will provide the necessary funding <o
provide improvements to portions of Gee Road, Fishtnap Road, Toe/ Pgrkwoy, as well
as a realignment of FM 1385 at the intersection of Gee Road. Mr. Webb reviewed
the cost contributions for each participating party in the Ggn8ennent, and the detailed
improvements to each section of improvement. After discussion, Deputy Mayor Pro -
Tern [}Ugge[ nn@dB 8 [notion and CouDci|nD8rnbe[ Dixon seconded the [DoUOO to
authorize the Town W0mnogor to execute m Rood Improvements and Construction
Agreement /''VVest Prosper Roads") between TVG Texas |. LLC. K8/1 Homes ofOFVV.
LLC. Prosper Economic Development Corporation, and the Town of Prosper, Texas,
related to the design and construction of the West Prosper Roads project. The
motion was approved byavote o[8-O.
9. Consider and act upon authorizing the Town Manager to execute a
Development Agreement between M8 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)
Hu|on Webb, Executive Director ofDevelopment and Community Services, presented
this item before the T0vVD Council. The proposed agreement is to facilitate the
development of the Preserve at Doe Creel by M11 Homes, which is requires to extend
a 24^ water line for the project. The Development Agreement outlines the terms and
obligations of the lFovvn of Prosper and K8/| Homes of DF\8/' LL<�' related to the
Ues|gn, construction, credit, and reimbursement of collected water impact fees to fund
the project. The process for acquiring necessary easements and rights -of -way has
already begun. After diScUSg/oO. CounCi|nOeDlber P(o[bu|y made a motion and
Deputy Mayor Pro -Tern Dugger seconded the motion to authorize the Town Manager
to execute o Development Agreement between K8/1 Homes of C>FVV` LLC, and the
Town of Proaper. Texoe, related to the extension ofwater lines to serve the Preserve
at Doe Creek Development. The motion was approved by m vote ofO-O.
10' Discuss Residential Design and Development Standards.(JW)
Development Services Director John Webb presented this item before the Town
Council. C)nDecember S'2O14.Town staff provided Blist ofpossible amendments t0
various residential design and development standards. Staff was provided direction
to prepare Ug1. which /nC|Udod 12 proposed recommendations. The next step |Gto
refine the language of the proposed neuommendediona, present the recommendations
for input to the Prosper Developers Counci|, then present them at o Planning &
Zoning Commission mneetiDg, and finally draft an Vnd)D8OCe to be presented for final
approval bythe Town Council. The Town Council expressed some concern with side
yard setbecko, garage aizeo, and required wet detention during a period of drought,
but directed staff tomove forward with the proposed recommendations.
11. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551'001 et seq. Texas
Government Code, as authorized bvthe Texas Open Meetings Act, to deliberate
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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 551.071 — Consultation with Town Attorney regarding legal
issues associated with easements, land use designations, and rezoning
matters, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:31 p.m.
12. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
Mayor Smith left the Executive Session at 8:20 p.m.
The Town Council reconvened the Regular Session at 8:52 p.m. No action was
taken as a result of Executive Session.
13. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
• Update on Website Improvements (RB)
Town Secretary Robyn Battle updated the Council on recent improvements to the
Town's website which include:
• Development Services has begun posting the entire Planning & Zoning
Commission packets on the website; not just the agenda.
• The Town Secretary's Office has codified Supplement No. 6 of the Code of
Ordinances. Future Supplements will be codified on a regular basis to keep
the Code current on the Town website.
• There is now a link to the Code of Ordinances on the Homepage, under the 1
Want To" section, making it easier for the public to access the Code.
• The PowerPoint presentations for each Town Council meeting are now
available via the Town's website.
Audio of Town Council meetings will soon be available via the Town's website.
• Update on Town Council Subcommittees (RB)
Town Secretary Robyn Battle provided an update on the Town Council
Subcommittees:
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The Town Council Subcommittees are responsible for providing input and making
recommendations to Town staff on behalf of the Town Council. There are
currently three Town Council Subcommittees. The purpose and scope of each
subcommittee /mdefined below.
Council TechnolomnSubcommittee
w Shall periodically review the Toxxn'a existing technological capabi|iUeo, and
make recommendations for improvements
* Shall periodically review and make recommendations on the T8VYn'GVehidR
and Equipment Replacement Fund (VERF) as it re|gUaS to the acquisition,
inlp|enl8Ota1iDD. maintenance, and upgrading Of the ToVvn'S technology,
software, and computer equipment
* 8hm|| nl8he recommendations for the continuous improvement of the Tovvn'S
vvebgiteand use ofsocial media
* Shall make recommendations to promote the use nftechnology to increase
efficiency ofoperations within the Town
The current SVbcO[DFnbt8e consists Of three Council members /K8 i S Miller,
Kenneth Dugger, and Mike Davis), as well as staff support.
Council Finance Subcommittee
° Shall review the Town's annual Audit/CAFR prior to presentation to the Town
Council
* Shall periodically review and make recommendations to the Town's employee
compensation and classification plan
* Shall periodically review and nl3he recommendations to the TOvvn'S Vehicle
and Equipment Replacement Fund (VERF) as it relates to the acquisition,
replacement and upgrading ofthe TovVn'svehicles and equipment
* Shall review and make recommendations tOthe investment policy annually
^ Shall make recommendations on various Town -related financial matters
The current subcommittee consists of three Council members (Mayor Ray GnObh.
Curry Vogelsang, and Mike Davis), as well as staff support.
Council Benefits Subcommittee
• 8h@U review significant changes to employee benefits that may impact the
TowO's ability to attract and retain employees
° 8h8|| periodically review and provide input on benefit plans offered to
employees
w Shall periodically review and provide input on the employee wellness program
* Shall provide advice and direction to ensure Town benefits are cost-effective
The current subcommittee consists of three Council members (Curry Vogelsang.
Jason Dixon, and Mike Davis), as well as staff support.
� Update on StrategicPKanming Session(HJ)
Town Manager Harlan Jefferson provided an update on achievements since the
Strategic Planning Session held in January. The truck parking ordinance has
been adopted, Development Services is working on updating the residential
development standards, a work session is scheduled on March 31 to discuss the
Town Hall/Multi-Purpose Facility, and the subdivision ordinance is scheduled to
be discussed sometime in April.
14. Adjourn.
The meeting was adjourned at 9:07 p.m.
These minutes approved on the 24th day of March, 2015.
AT T:
Robyn tle, Town W--ecrtary
I
APPROVED: l'
Ray Smith, 'Mayor
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