11.10.2015 Town Council Minutes1.
2.
3.
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street, Prosper, Texas
Tuesday, November 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 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
Will Mitchell, Parks & Recreation Manager
Paul Naughton, Landscape Architect
Matt Richardson, Senior Engineer
Cheryl Davenport, Finance Director
January Cook, Purchasing Agent
Doug Kowalski, Police Chief
Ronnie Tucker, Fire Chief
Kent Bauer, Emergency Management Specialist
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
John Fowler of First Presbyterian Church of Prosper 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:
Atmos Energy is beginning Phase 2 of their pipeline replacement project between the
Dallas North Tollway and the BNSF Railroad. The underground pipeline will cross
through the Villages of Prosper Trail and the Lakes of Prosper subdivisions as well as
Frontier Park. Atmos has met with the Parks Department staff, and the pipeline
installation should have minimal effect on activities at Frontier Park.
Page 1 of 8
TxDOT is performing pavement maintenance on Coleman Street between US 380 and
Broadway through Friday, November 13. Crews will have the roadway reduced to one
lane from 8:00 a.m. — 4:00 p.m. A temporary traffic signal will control the directional flow
of traffic, and flagmen will be posted at cross -streets to assist with traffic flow. Minor
delays should be anticipated. Motorists may use Preston Road as an alternate route.
Motorists should obey all traffic signs and workmen instructions and should use caution
in the work zone.
The Prosper Police Department has received a donation from Dallas Scottish Rite of two
Police patrol bicycles. The bicycles will be presented at a ceremony at Lee Masonic
Lodge here in Prosper on Thursday night.
Entries for the December 5 Prosper Christmas Parade are still being accepted through
November 21. Community groups, civic organizations, scout troops, and businesses are
encouraged to participate. More information and entry forms are available on the Parks
& Recreation website.
The Prosper Christmas Festival will be held downtown immediately following the parade
on December 5. From 3:00 — 6:00 p.m. families can enjoy a traditional hometown
celebration with food, activities, live performances, vendors, and the lighting of the Town
Christmas tree. Shuttle service will be provided from Reynolds Middle School to
downtown. For more information, see the Parks & Recreation website.
4. Presentations
Presentation of a Proclamation to members of the Prosper Historical Society
and local veterans proclaiming November 11, 2015, as Veterans Day.
Mayor Smith invited all veterans in attendance to come forward to be recognized.
The Proclamation was presented to the Prosper Veterans Committee.
Presentation of a Proclamation to members of the Pulmonary Hypertension
Association proclaiming November 2015 as Pulmonary Hypertension
Awareness Month.
Gary Bruce was present to receive 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)
• Regular Meeting — October 27, 2015
5b. Consider and act upon canceling the November 24, 2015, and the
December 22, 2015, Prosper Town Council meetings. (RB)
Page 2 of 8
5c. Receive the Quarterly Investment Report ending September 30, 2015. (CD)
5e. Consider and act upon approving the purchase of two pick-up trucks for
the Building Inspections Division, from Caldwell Country Chevrolet,
through the Texas Local Government Purchasing Cooperative; one pick-up
truck for the Park Operations Division, from Silsbee Ford, through the
Houston -Galveston Area Council (HGAC) Cooperative Purchasing
Program; and three public safety rated sport utility vehicles for the Police
Department, from Holiday Chevrolet, through the State of Texas
Cooperative Purchasing Program. (JC)
5f. Consider and act upon authorizing the Town Manager to execute
Amendment Nine to the Interlocal Agreement between Collin County and
the Town of Prosper, extending the agreement through FY 2015-2016,
relating to Animal Control Services. (JW)
5g. Consider and act upon authorizing the Town Manager to execute
Amendment Nine to the Interlocal Agreement between Collin County and
the Town of Prosper, establishing the service fee for FY 2015-2016 relating
to Animal Sheltering Services. (JW)
Councilmember Davis removed Item 5d from the Consent Agenda.
Councilmember Dixon removed Item 5h 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 authorizing the Town Manager to execute a Priority
Support Agreement between VP Imaging, Inc., dba DocuNav Solutions, and
the Town of Prosper, Texas, related to the expansion of the Town's
Laserfiche software system, through a Texas Department of Information
Resources (DIR) contract. (RB)
Town Secretary Robyn Battle and Development Services Director responded to
questions regarding the number of users for the Building Inspections Department.
Ashley Landes from DocuNav answered questions from Council regarding training and
implementation.
After discussion, Councilmember Davis made a motion and Councilmember Dugger
seconded the motion to authorize the Town Manager to execute a Priority Support
Agreement between VP Imaging, Inc., dba DocuNav Solutions, and the Town of
Prosper, Texas, related to the expansion of the Town's Laserfiche software system,
through a Texas Department of Information Resources (DIR) contract. The motion was
approved by a vote of 7-0.
5h. 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)
Page 3 of 8
Development Services Director John Webb responded to questions from the Town
Council related to the retention pond. Terrence Welch, Town Attorney, clarified the
process and criteria for the Town Council to appeal a Planning & Zoning Commission
recommendation.
After discussion, Councilmember Dixon made a motion and Councilmember Dugger
seconded the motion to approve Item 5h. 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.)
PUBLIC HEARINGS:
7. Presentation of service plan and second Public Hearing to consider the
involuntary annexation of a 0.2± acre tract of land, located on the north side of
First Street, 1.2± miles east of Coit Road. (A15-0002). (JW)
In 2008, the Town began initiating involuntary annexations and annexation agreements
for a majority of the remaining unincorporated properties within the Town limits. It was
recently determined that the subject property was unintentionally excluded from past
annexation processes. Because the subject property is not eligible for an annexation
agreement, the Town is initiating involuntary annexation of the property.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
No further action was taken,
8. Conduct a Public Hearing, and consider and act upon a request for a Special
Purpose Sign District, on 35.7± acres, located on the northwest corner of US 380
and Custer Road. (MD15-0004). (JW)
Development Services Director John Webb presented this item before the Town Council.
The purpose of the request is to allow for wall signage for the proposed Lowe's and
Kroger to exceed the maximum height requirement within the Prosper Plaza
Page 4 of 8
development. The intent of the request is to allow for signage that is more proportional
in size to the scale of the buildings.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
After discussion, the Town Council concurred that they were in favor of approval of the
Lowe's signage, but it would be premature to approve the Kroger signage, since the
Council has not yet seen the final building elevations.
Councilmember Dixon made a motion and Councilmember Korbuly seconded the motion
to approve the request for a Special Purpose Sign District for Lowe's, on 35.7t acres,
located on the northwest corner of US 380 and Custer Road, and to table the request for
a Special Purpose Sign District for Kroger, on 35.7t acres, located on the northwest
corner of US 380 and Custer Road to the December 8, 2015, Town Council meeting.
The motion was approved by a vote of 7-0.
9. Conduct a Public Hearing and consider and act upon a request to amend Chapter
2, Zoning Districts, and Chapter 3, Permitted Uses and Definitions of the Zoning
Ordinance regarding the list of Permitted Uses, the Use Chart, Conditional
Development Standards and Definitions. (Z15-0007). (JW)
Development Services Director John Webb presented this item before the Town Council.
Town staff provided briefings on the proposed changes on May 12, 2015, and August
11, 2015. Many of the proposed changes are necessary to update the Zoning
Ordinance and remove obsolete language. Mr. Webb reviewed the proposed changes
as compared to the existing ordinance. The Town Council asked specific questions
about outdoor storage, and limited service hotels, and indicated that they would prefer
that a limited service hotel require an SUP.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
After discussion, Councilmember Dugger made a motion and Councilmember
Vogelsang seconded the motion to approve a request to amend Chapter 2, Zoning
Districts, and Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance,
regarding the list of Permitted Uses, the Use Chart, Conditional Development Standards
and Definitions, with the addition of a requirement for a Specific Use Permit for limited
service hotels. The motion was approved by a vote of 7-0.
DEPARTMENT ITEMS:
10. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between the Town of Prosper, Texas, and Dunaway
Associates, LP., related to the Frontier Park - North Field Improvements project.
(PN)
Landscape Architect Paul Naughton presented this item before the Town Council. Mr.
Naughton provided an overview of the details of the project including the scope of
services and the improvements to be included in the project. He then responded to
Page 5 of 8
questions from the Town Council related to artificial turf, field lighting, and spectator
seating. Dunaway Associates has based the projected costs on the use of artificial turf.
After discussion, Councilmember Korbuly made a motion and Councilmember Dugger
seconded the motion to authorize the Town Manager to execute a Professional Services
Agreement between the Town of Prosper, Texas, and Dunaway Associates, LP., related
to the Frontier Park - North Field Improvements project. The motion was approved by a
vote of 7-0.
11. Consider and act upon awarding Bid No. 2016-04-B to Quality Excavation, Ltd.,
related to construction services for the Frontier Park — Parking Lot Improvements
2016 project; and authorizing the Town Manager to execute a construction
agreement for same. (MR)
Senior Engineer Matt Richardson presented this item before the Town Council. The
proposed contract will expand two parking areas at Frontier Park for a net increase of
128 parking spaces in what is currently vacant parkland. Modifications to handicap
parking spaces near Windmill Playground are also included within the project scope.
After discussion, Councilmember Korbuly made a motion and Councilmember Dugger
seconded the motion to award Bid No. 2016-04-B to Quality Excavation, Ltd., related to
construction services for the Frontier Park — Parking Lot Improvements 2016 project;
and authorize the Town Manager to execute a construction agreement for same. The
motion was approved by a vote of 6-1, with Councilmember Davis casting the opposing
vote.
12. Discussion on Water and Wastewater Capital Improvement Projects. (HW)
Hulon Webb, Executive Director of Development and Community Services, introduced
Jeff Payne of Freese and Nichols. Mr. Payne provided an update on the Lower Presure
Plane Storage Tank project. He reviewed water demands, historical data for Prosper,
and explained the need for elevated storage tanks and the recommended capacity for
the Prosper Trail elevated storage tank based on projected population and a 2017 target
date for completion. Mr. Payne reviewed the 2016 Capital Improvement Projects and
Impact Fee Update which will analyze the Water and Wastewater Master Plan and
water, wastewater, and roadway impact fees. No further action was taken.
13. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between the Town of Prosper, Texas, and Freese
& Nichols, Inc., related to the 2016 Impact Fee Update project. (MR)
Senior Engineer Matt Richardson presented this item before the Town Council. The
Town of Prosper adopted its current roadway, water, and wastewater impact fees on
November 8, 2011. The Local Government Code requires that impact fees be reviewed
and updated at least every five years. Town staff has negotiated a contract with Freese
and Nichols to provide an update to the Town's impact fees. Mr. Richardson reviewed
the scope and terms of the contract.
After discussion, Councilmember Dugger made a motion and Mayor Pro-Tem Miller
seconded the motion to authorize the Town Manager to execute a Professional
Engineering Services Agreement between the Town of Prosper, Texas, and Freese &
Page 6 of 8
16.
14.
Nichols, Inc., related to the 2016 Impact Fee Update project. The motion was approved
by a vote of 7-0.
Mayor Smith skipped to Item 16.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Discuss "In God We Trust" decals. (HJ)
Town staff presented several options for decals to be placed on Town vehicles. The
Town Council gave direction to form a committee to decide the final design of the
decal.
Update on the Town's Emergency Management Plan. (KB/RT)
Kent Bauer, Emergency Management Specialist, and Fire Chief Ronnie Tucker
provided an update on the Town's Emergency Management plan. Mr. Bauer
explained that his main function is to identify risks, and coordinate emergency
response procedures and training among the Town departments. Chief Tucker
explained that the Town relies on mutual aid agreements with the surrounding
counties and municipalities in the event of an emergency, with Chief Tucker serving
as incident commander for the Town.
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:
14a. Section 551.087 — To discuss and consider economic development
incentives.
14b. 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.
14c. 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,
Planning & Zoning Commission, Tax Increment Financing Reinvestment
Zone (T/RZ) No. 1 Board of Directors, and Tax Increment Financing
Reinvestment Zone (TIRZ) No. 2 Board of Directors.
14d. Section 551.071 — Consultation with the Town Attorney regarding legal
issues associated with annexation agreements in Town ETJ areas,
development issues associated with areas subject to annexation
agreements, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 9:01 p.m.
Page 7 of 8
15. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 10:10 p.m. No action was taken
as a result of Executive Session.
Mayor Smith returned to Item 16.
16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting..
i Discuss possible dates for 2016 Strategic Planning Session. (RB)
Town Secretary Robyn Battle proposed January 27, 2016, as the date of the next
Town Council Strategic Planning Session. The Town Council was in favor of the
date.
17. Adjourn.
The meeting was adjourned at 10:20 p.m. on Tuesday, November 10, 2015.
These minutes approved on the 8th day of December, 2015.
ATTEST:
Rob Y n B#111e, Town Secretary
APPROVED: 1
Ray Smith Mayor
Page 8 of 8