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09.08.2015 Town Council Minutes9 3. MINUTES Regular Meeting of the TOWN OF Prosper Town Council Prosper Municipal Chambers PIR., �SPER 108 W. Broadway, Prosper, Texas Tuesday, September 8, 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 -Tern Curry Vogelsang, Jr. Councilmember Kenneth Dugger 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 Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Senior Planner Jonathan Hubbard, Planner Matt Richardson, Senior Engineer Paul Naughton, Landscape Architect Will Mitchell, Parks and Recreation Manager Julie Shivers, Recreation Services Coordinator Patty Kendzie, Parks and Recreation Senior Administrative Assistant Frank Jaromin, Public Works Director Leslie Scott, Library Director Cheryl Davenport, Finance Director January Cook, Purchasing Agent Doug Kowalski, Police Chief Ronnie Tucker, Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Mayor Pro-Tem Miller led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. Announcements of recent and upcoming events. Councilmember Dugger read the following announcements: Page 1 of 11 Registration is open for several Parks & Recreation Programs including archery, tennis, Stroller Strides for moms with small children, Camp Gladiator for adults, and much more. Visit the Town of Prosper website for more information on how to register. Several local youth sports leagues are also open for registration. The Prosper Fire Department participated in the 9/11 Memorial Stair Climb on September 5. Climbers dressed in full gear, climbing 110 stories, which is the height of the original World Trade Center. Eight Prosper firefighters participated in the climb to raise money for organizations that support the families of firefighters, police officers, and other public safety officials who have been killed in the line of duty. The Prosper Fire Department will host a 9/11 Memorial Ceremony on Friday, September 11 at Frontier Park, from 9:00-9:30 a.m. The Fire Department will unveil their redesigned trailer displaying a fourteen -foot beam from the original World Trade Center. The trailer was refurbished as a donation by Gas Monkey Garage, the Prosper Firefighters Association, B.E.S.T. EMS/Baylor E.R, 360 Wraps, and Mr. Restore, so that the Fire Department can display this piece of our history for generations to come. The Annual Prosper Community Picnic will take place on Saturday, September 12 from 4:00-7:00 p.m. Free hot dogs and drinks will be served by members of the Town Council from 5:00-6:00 p.m. Families can enjoy music, food and drinks, and a variety of activities. The Bethlehem Place "Hunger is No Picnic" trucks will be on site to gather donations of non-perishable items. At the end of the picnic, the school with the most donations per student will win a travelling trophy and a pizza party. Contact the Parks & Recreation Department for more information, Jim Hughes, a well-known resident of Prosper, and a descendent of one of the Town's founding families, passed away on Sunday, September 6. Jim was known for his service to his community, his dedication to family and friends, and his commitment to the preservation of the Town of Prosper. He was known as "Mr. Prosper" by many. He will be greatly missed. 4. Proclamations Presentation of a Proclamation to members of the Leukemia & Lymphoma Society declaring September 2015 as Leukemia, Lymphoma & Mye/oma Awareness Month. (RB) Mayor Smith read the Proclamation. 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) • Work Session — August 24, 2015 • Regular Meeting — August 25, 2015 Page 2 of 11 5d. 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(13)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (AG) Council member Davis removed Item 5b from the Consent Agenda, Councilmember Korbuly removed Item 5c 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. 5b. Consider and act upon authorizing the Town Manager to execute a Professional Materials Inspection and Testing Services Agreement between Alliance Geotechnical Group, Inc., and the Town of Prosper, Texas, related to the Prosper Fire Station No. 2 project. (RT) Fire Chief Ronnie Tucker and Purchasing Agent January Cook responded to Council members' questions related to the Statement of Qualifications of the firm, and the selection process. Councilmember Davis made a motion and Councilmember Korbuly seconded the motion to approve Item 5b on the Consent Agenda. The motion was approved by a vote of 7-0. 5c. Consider and act upon authorizing the Town Manager to execute a Memorandum of Understanding regarding development of a Regional Capacity, Management, Operations, and Maintenance (CMOM) Program. (FJ) Public Works Director Frank Jaromin responded to Council members' questions related to the purpose of the Memorandum of Understanding. Based upon discussions with the Environmental Protection Agency, the North Texas Municipal Water District (NTMWD) believes that the development of a formal CMOM program will help NTMWD and its member cities meet regulators' expectations, so that any enforcement action will implement the ongoing efforts of NTMWD and member cities (including a CMOM program), as opposed to mandating more stringent requirements. Councilmember Korbuly made a motion and Councilmember Dugger seconded the motion to approve Item 5c on the Consent Agenda. 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.) Page 3 of 11 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: 7. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan, located on the northwest corner of Prosper Trail and future Shawnee Trail, from Medium Density Residential to Dallas North Tollway District. The property is zoned Single Family-15 (SF-15) and Commercial Corridor (CC). (CA15-0002). [Companion Case Z14-0005] (JW) Mayor Smith opened Item 7 and Item 8 concurrently. 8. Conduct a Public Hearing, and consider and act upon a request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development - Single Family/Office/Retail (PD-SF/O/R). (Z14-0005). [Companion case CA15-0002] (JW) Development Services Director John Webb presented these items before the Town Council. Both items had been previously tabled at the May, June, July, and August Town Council meetings to allow the applicant an opportunity to modify the proposed PD in response to the Town Council's concerns related to the development standards of Tracts A, B, and C. Mr. Webb briefly described the changes that had been made to the PD development standards for each tract. Mayor Smith opened the Public Hearing. Kathryn Edwards, 23501 Cinco Ranch Blvd., Suite A-250, Katy, spoke on behalf of the applicant. She reviewed the changes that had been made to the development standards of Tracts A, B, and C, and presented a PowerPoint presentation further describing the proposed changes. In Tract A, the proposed Single -Family 15 District, the lot sizes are an average of 15,000 square feet. In Tract B, the proposed Office District, Council made suggestions on color restrictions and roof pitch. In Tract C, the proposed Retail District, the applicant responded to questions related to outdoor storage, which would require a Special Use Permit. With no one else speaking, Mayor Smith closed the Public Hearings for Item 7 and Item 8. Council and the applicant discussed the feasibility of creating a bridge across the floodplain to create access to the development from Prosper Trail. The applicant stated that not enough information was known at this time to agree to a bridge since a Page 4 of 11 floodplain study would need to be conducted first. Barry Knight, speaking on behalf of the applicant, indicated that access from Shawnee Trail should be sufficient. Council also requested that the color restrictions be removed from Tract C, that the applicant consider adding a retention pond with a water feature and landscaping instead of a dry detention pond, and that the berms should have a height range of between 2-4 feet. The Council and the applicant also discussed the location and timing of the development of fast-food restaurants, and Council approval of fagade plans in Tract C. Town staff and the Town Attorney will incorporate the discussed changes into an ordinance that will be presented to the Town Council for adoption at a future meeting. After discussion, Councilmember Dixon made a motion and Councilmember Korbuly seconded the motion to approve the amendment to the Town's Future Land Use Plan. The motion was approved by a vote of 7-0. Councilmember Dixon then made a motion and Mayor Pro-Tem Miller seconded the motion to approve the request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development -Single Family/Office/Retail (PD-SF/O/R), subject to the amendments discussed at tonight's meeting. The motion was approved by a vote of 6-1, with Councilmember Dugger casting the opposing vote. 9. Conduct a Public Hearing, and consider and act upon an amendment to Planned Development-38 (PD-38), on 83.6± acres, located on the northeast corner of US 380 and Coit Road. (Z15-0008). (JW) Development Services Director John Webb presented this item before the Town Council. This item was tabled at the July 14, 2015, Town Council meeting, to allow the applicant an opportunity to modify the proposed PD development standards. Mr. Webb briefly described the changes that had been made to the PD development standards for each tract. Mayor Smith opened the Public Hearing Barry Knight, spoke in favor of the item on behalf of the applicant and CVS Pharmacy. Mr. Webb clarified that the Council is considering action on Tract A, the western tract of land only, and that there are no current plans for the development of Tracts B, C, or D. With no one else speaking, Mayor Smith closed the Public Hearing. Matthew Kiran, representing the applicant, presented a revised Exhibit D to the Town staff and Council. The Town Council and the applicant discussed the timing of the development of the CVS Pharmacy in relation to other retail developments. The number and location of drive -through restaurants, the development of open space to be in conjunction with the development of the CVS Pharmacy, and the effect the gas line may have on the development of the property. The revised Exhibit D was withdrawn, since it would likely cause the item to be tabled to allow Town staff to thoroughly evaluate the revised exhibit. After discussion, Councilmember Vogelsang made a motion and Councilmember Korbuly seconded the motion to approve an amendment to Planned Development-38 (PD-38), being 83.6± acres, located on the northeast corner of Coit Road and US 380 subject to the open space being developed in conjunction with CVS, gas line approval Page 5 of 11 with the gas company, Lot 5 to be designated as a sit-down restaurant, and a maximum of two drive -through restaurants on lots 1, 2, and 3, with the stipulation that the drive - through restaurants may not be adjacent to one another. The motion was approved by a vote of 6-1, with Councilmember Davis casting the opposing vote. 10. Conduct a Public Hearing to consider and discuss the FY 2015-2016 Budget, as proposed.(HJ) Mayor Smith Opened Item 10 and Item 11 concurrently. Mayor Smith opened the Public Hearings for Item 10 and Item 11 concurrently, and read the following statement: This is the second of two public hearings to discuss the FY 2015-2016 proposed tax rate. The Town Council will vote on both the FY 2015-2016 Proposed Budget and the proposed tax rate at a meeting scheduled on September 22, 2015, at 6:00 p.m., at the Prosper Municipal Chambers located at 108 W. Broadway, Prosper, Texas. Once the Public Hearing is opened, the public is encouraged to express their views. With no one speaking, Mayor Smith closed the Public Hearings on Item 10 and Item 11. 11. Conduct a Public Hearing to consider and discuss a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 8.20 percent. (HJ) Town Manager Harlan Jefferson presented both items before the Town Council. He reviewed the Capital Improvement Plan for the next 4-10 years, described the population growth and the increase in the number of building permits the Town has issued. The focus of the FY 2015-2016 budget is public safety, streets, and parks. He then introduced several discussion items to the Council and requested feedback. Discussion items included the inclusion and exclusion of various vehicles from the budget and/or Vehicle and Equipment Replacement Fund, police car utilization schedule, the funding of vehicle maintenance software, funding of a customer service survey, entering into a Memorandum of Understanding with the Town of Little Elm regarding joint Fire and EMS service, authorization of a Homestead Exemption and the effect such an exemption would have on the Town's revenue, potential funding for the annual Pride in the Sky event, funding and construction timelines for lighting on the southeast corner of Frontier Park, and the development of Frontier Park North, the Coleman Road CIP adjustment and budget amendment, and discussion of a survey of the towns of Lucas, Fairview, and Parker related to their corresponding tax rates and levels of service for Police, Fire, EMS, and Streets. The Town Council briefly discussed the reclassification of the Town Secretary's position to Town Secretary/Public Information Officer. The Town Manager will incorporate the Town Council's comments and suggestions into the final budget document, which the Council will consider for adoption on September 22, 2015. DEPARTMENT ITEMS: 12. Library Services Department update. (LS) Library Director Leslie Scott provided an update on the Library programs since her last presentation to the Town Council approximately one year ago. She provided statistics on library usage, attendance at library events, the acquisition of new materials, Page 6 of 11 marketing efforts to attract new patrons, and grants received. The library's patronage continues to increase, and its programs have become extremely popular in the community. 13. Consider and act upon authorizing the Mayor to execute an Interlocal Agreement between the Town of Prosper, Texas, and the Town of Little Elm, Texas, related to drainage and water detention issues in the Doe Branch Watershed. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Town staff worked with the Windsong Ranch development on analyzing the effect of the Town's detention requirements in the Doe Branch Watershed. The results of the engineering study showed that if the entire watershed were allowed to develop without detention, there would be minimal impact to the watershed south of US 380 within the limits of the Town of Little Elm. In the Town of Little Elm, there is no commercial zoning along US 380 and the existing approved developments in the area will not be affected. The Town of Little Elm is supportive of the proposed Interlocal Agreement. Councilmember Dixon made a motion and Councilmember Davis seconded the motion to authorize the Mayor to execute an Interlocal Agreement between the Town of Prosper, Texas, and the Town of Little Elm, Texas, related to drainage and water detention issues in the Doe Branch Watershed. The motion was approved by a vote of 7-0. 14. Consider and act upon an ordinance amending Section 3.13.070 "Storage" of Division 3 "Drainage and Flood Control" of Article 3.13 "Floods and Drainage" of Chapter 3 "Building Regulations" of the Town's Code of Ordinances by adding a new subsection (h) entitled "Special Requirements for Water Detention in the Doe Branch Creek Watershed." (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. The proposed ordinance would restrict the development in the fully developed floodplain of the Doe Branch Watershed in exchange for waiving detention. Any development within the Doe Branch Creek Watershed will be required to perform a detailed drainage study and provide creek stabilization measures, if warranted. Councilmember Dugger made a motion and Councilmember Davis seconded the motion to approve Ordinance No. 15-51 amending Section 3.13.070 "Storage" of Division 3 "Drainage and Flood Control" of Article 3.13 "Floods and Drainage" of Chapter 3 "Building Regulations" of the Town's Code of Ordinances by adding a new subsection (h) entitled "Special Requirements for Water Detention in the Doe Branch Creek Watershed." The motion was approved by a vote of 7-0. 15. Consider and act upon a resolution approving the Parks, Recreation, and Open Space Master Plan. (PN) Landscape Architect Paul Naughton introduced Phillip Neely of Dunaway Associates, who prepared the Parks, Recreation, and Open Space Master Plan. Mr. Neely thanked the staff, the Parks, Recreation, and Open Space Master Plan Advisory Committee, and Parks and Recreation Board for their assistance in developing the Master Plan. Mr. Neely emphasized the plan is dynamic, and may need to change as the Town continues Page 7 of 11 to grow. He also stated that promoting the plan to the public is important, the Town should continue to balance active versus passive recreation, pursue grants and other funding sources for parks programming and facilities wherever possible, and look for creative solutions to problems as they arise. Councilmember Dugger made a motion and Mayor Pro-Tem Miller seconded the motion to approve Resolution No. 15-52 adopting the Parks, Recreation, and Open Space Master Plan. The motion was approved by a vote of 7-0. 16. Consider and act upon an ordinance amending Article 3.19, "Fence Regulations" of Chapter 3 of the Town's Code of Ordinances, by amending and establishing standards for fences and low walls in the required front yards of residential districts or residential lots and establishing provisions for Town Council consideration of alternate fence materials. (MD15-0002). (JW) Development Services Director John Webb presented this item before the Town Council. At the August 11, 2015, Town Council meeting, staff provided a briefing on a request to allow low masonry walls in the front yards of residential lots. Unless the wall is a retaining wall, low decorative walls are not permitted, since the Fence Ordinance requires 50% through vision, regardless of height. During the presentation, it was noted that the ordinance, as currently written, permits tall, chain -link fences in front yards. Staff received direction to prepare an ordinance permitting open fencing and low walls in the required front yard upon approval by Town Council on a case -by -case basis. However, the Town Council did not support the continued allowance of chain -link fencing in front yards. The ordinance also contains a provision for the Town Council to evaluate alternate materials for all fences. After discussion, Councilmember Dixon made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 15-53 amending Article 3.19 "Fence Regulations," of Chapter 3, of the Town's Code of Ordinances, by amending and establishing standards for fences and low walls in the required front yards of residential districts or residential lots and establishing provisions for Town Council consideration of alternate fence materials. The motion was approved by a vote of 7-0. 17. Discussion on Town Hall/Multi-Purpose Facility. (HW) Hulon Webb, Executive Director of Development and Community Services, introduced Randall Scott and Greg Conaway of Randall Scott Architects, who presented information on the proposed Town Hall/Multi-Purpose Facility. The firm presented two schematic designs for a 50,000-square-foot facility, and reviewed several cost options. The Town Council directed the architecture firm to return with design options for a $35,000-square- foot, two-story building, emphasizing that this facility would be an interim facility. The Council would also prefer a design that has the front of the facility facing south. Mayor Smith recognized the following individuals who prepared written remarks for this item. Ron Underwood, 8A Rhea Mills Circle, Prosper, asked Councilmember Dugger to read his comments into the record. He requested that space be set aside in the new Town Hall/Multi-Purpose Facility for the display of the Prosper Historical Society's artifacts. Page 8 of 11 Donna Templin Elliott, P.O. Box 244, Prosper, also asked that Councilmember Dugger read aloud her written comments. She requested that space be set aside in the new Town Hall/Multi-Purpose Facility for a Historical Museum, or at least provide space for display cases for the museum's artifacts. Jack Dixon, 810 Long Valley Court, Prosper, did not speak, but urged the Council to consider reserving space in the new Town Hall/Multi-Purpose Facility for a Prosper Historical Society Museum. Randall Scott returned to the podium and stated that he would return to a future Town Council meeting with a design that is two stories, closer to the street, with similar design elements as Prosper High School, that is rectangular in nature, and faces south. 18. Consider and act upon authorizing the Town Manager to execute a Standard Form of Agreement between the Town and Pogue Construction Co., L.P., related to Construction Manager -At -Risk services for Town of Prosper Town Hall/Multi- Purpose Facility; an Addendum to the Standard Form of Agreement between the Town and the Construction Manager -At -Risk; and an Addendum to the General Conditions of the Contract for Construction. (JC) Purchasing Agent January Cook presented this item before the Town Council. She reviewed the bidding and selection process. The Town requested proposals (RFP) from qualified firms to provide construction manager -at -risk services. Firms were required to submit information, in order to facilitate evaluation based on certain criteria. The evaluation committee comprised of staff members representing multiple departments scored each submittal in accordance with the provided evaluation criteria to determine the total points for each firm. Based on the results, the committee interviewed the two top -ranked firms. After interviews and a review of references, the committee submitted a recommendation to the Town Manager, who conducted final interviews. It is the recommendation of the Town Manager to award the agreement to Pogue Construction Co., L.P. When the construction drawings and specifications are between fifty to seventy-five percent complete, the Construction Manager -At -Risk shall propose a Guaranteed Maximum Price (GMP), which will be presented to Town Council for approval at that time. Councilmember Dixon made a motion and Councilmember Dugger seconded the motion to authorize the Town Manager to execute a Standard Form of Agreement between the Town and Pogue Construction Co., L.P., related to Construction Manager -At -Risk services for Town Hall/Multi-Purpose Facility; an Addendum to the Standard Form of Agreement between the Town and the Construction Manager -At -Risk; and an Addendum to the General Conditions of the Contract for Construction. The motion was approved by a vote of 7-0. 19. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between the Town of Prosper, Texas, and Teague Nall and Perkins, Inc., related to the Town Hall Offsite Infrastructure Project. (MR) Senior Engineer Matt Richardson presented this item before the Town Council. Randall Scott Architects has begun design efforts for a Town Hall/Multi-Purpose Facility to be located on Main Street between Second Street and Broadway. Their overall design effort includes engineering design of onsite infrastructure improvements such as parking lots, Page 9 of 11 22. 20. drainage facilities, and utility service lines; however, additional offsite infrastructure improvements are needed to adequately serve the building and to improve the adjacent streetscape. Town staff has negotiated an engineering design contract with Teague Nall and Perkins, Inc., (TNP) to design these offsite infrastructure improvements. The scope of these improvements include reconstructing aging and undersized water and sewer lines serving the site, constructing a new enclosed drainage system in accordance with the Old Town Drainage Study to serve the site, constructing a 24' fire lane from Broadway to Main Street along the north side of the site, and reconstructing Main Street with concrete curb and gutter pavement, angled parking, and enclosed drainage along the east side of the site. In addition to services related to the offsite infrastructure, TNP's contract also includes platting of the Town Hall site in accordance with the Town's development standards. Mr. Richardson reviewed the cost estimate for the engineering services. Councilmember Dixon made a motion and Councilmember Dugger seconded the motion to authorize the Town Manager to execute a Professional Engineering Services Agreement between the Town of Prosper, Texas, and Teague Nall and Perkins, Inc., related to the Town Hall Offsite Infrastructure Project. The motion was approved by a vote of 7-0. Mayor Smith skipped to Item 22 at this time. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Pumpkin Fest at Frontier Park (HW) A request has been made to serve beer and wine at the Pumpkin Fest in Frontier Park in October. The request would require a Special Event Permit. The Council was not in favor of the sale of beer and wine at the event. 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: 20a. Section 551.087 — To discuss and consider economic development incentives. 20b. 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. 20c. 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 11:31 p.m. Page 10 of 11 21. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 11:55 p.m. Councilmember Dugger made a motion and Councilmember Davis seconded the motion to authorize the Town Manager to execute a Chapter 380 agreement with Elder Living Partners, LLC. The motion was approved by a vote of 7-0. Councilmember Korbuly asked that the Town look into renting the available space next to the current Municipal Court/Police Department space. 23. Adjourn. The meeting was adjourned at 12:03 a.m. on Wednesday, September 9. These minutes approved on the 22th day of September, 2015. I_1 �:Z91T/ 21 93 Ray Smith, Mayor Page 11 of 11