02.09.2016 Town Council Minutes1.
2
3
TOWN OF
Ir' E R
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:01 p.m,
Council Members Present:
Mayor Ray Smith
Deputy Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Mike Davis (arrived at 6:06 p.m.)
Councilmember Jason Dixon
Council Members Absent:
Mayor Pro-Tem Meigs Miller
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 9, 2016
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
Matt Richardson, Senior Engineer
Leslie Scott, Library Director
Julie Shivers, Recreation Services Coordinator
Betty Pamplin, Accounting Manager
Celia O'Dell, Court Administrator
Doug Kowalski, Chief of Police
Ronnie Tucker, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Councilmember Korbuly led the invocation. The Pledge of Allegiance and the Pledge to the
Texas Flag were recited.
Announcements of recent and upcoming events.
Prosper is in a competition with communities across the state to show who has the greatest
commitment to a healthy lifestyle. Mayor Smith is challenging businesses, schools,
organizations, churches and residents to participate in the "It's Time Texas Community
Challenge" by earning points for Prosper. To show your support and earn points for
Prosper, please register at www.ITTCommunitvChalience.com. The community that wins
the contest will receive a $1,200 grant for healthy school initiatives, and a banner and
trophy for the Town to display. The contest ends March 31. Prosper is currently in fourth
Page 1 of 6
place, but we are moving up quickly. For questions, please contact Julie Shivers,
Recreation Services Coordinator.
Early Voting for the republican and democratic primary election will begin on Tuesday,
February 16. Collin County voters may vote in the Prosper Municipal Chambers during
early voting and at the Prosper ISD Central Administration Building on Election Day, which
is March 1. Denton County voters can find polling locations and hours at
www.votedenton.com. More information about the upcoming election is available on the
Town website.
The seventh annual Fishing Derby is set for Saturday, February 27, at Frontier Park from
9:00 a.m.-11:00 a.m. Prizes in a variety of categories and age groups will be awarded at
the conclusion of the event. To register for this free family event, please visit
www. crosr)ercarksandrec.or
Mayor Smith skipped to Item 5,
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 — January 26, 2016
• Strategic Planning Session — January 27, 2016
5b. Receive the December 2015 Financial Report. (BP)
5c. Consider and act upon accepting the 2015 Racial Profiling Report as required
by state law. (DK)
5d. Consider and act upon Resolution No. 16-10 ordering a General Election to be
held on May 7, 2016, and authorizing the Town Manager to execute contracts
with the Collin County Election Administration, the Denton County Election
Administration, and the Prosper Independent School District for joint election
services. (RB)
5f. Consider and act upon the appointment of members to the Capital
Improvements Advisory Committee. (MR)
5g. Consider and act upon Ordinance No. 16-12 rezoning 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)
5h. Consider and act upon Ordinance No. 16-13 for a Special Purpose Sign
District for Kroger, on 23.4± acres, located on the northwest corner of US 380
and Custer Road. (MD15-0004). (JW)
Page 2 of 6
5i. Consider and act upon Ordinance No. 16-14 annexing 100.0t acres generally
located on the south side of Prosper Road, 2,500t feet west of Legacy Drive.
(A15-0003). (JW)
5j. Consider and act upon Resolution No. 16-15 authorizing the Texas Coalition
for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement
for five years for deliveries of electricity effective January 1, 2018; authorizing
TCAP to act as an agent on behalf of the Town to enter into a contract for
electricity; and authorizing the Town Manager of the Town of Prosper, Texas,
to execute an electric supply agreement for deliveries of electricity effective
January 1, 2018, committing to budget for energy purchases in 2018 through
2022 and to honor the Town's commitments to purchase power for its
electrical needs in 2018 through 2022 through TCAP. (HJ)
Councilmember Vogelsang removed Item 5e from the Consent Agenda,
5e. Consider and act upon Ordinance No. 16-11 amending Section 12.09.003
"Speed Limits on Specific Streets" of Chapter 12 "Traffic and Vehicles" of the
Town's Code of Ordinances by modifying the prima facie speed limits on
certain streets. (MR)
Matt Richardson responded to questions from the Town Council on the state's process for
designating speed limits, as well as programs the Town can use to promote speed limits
among residents, neighborhoods and homeowners associations. Councilmember
Vogelsang made a motion and Councilmember Dugger seconded the motion to approve
Item 5e. The motion was approved by a vote of 6-0.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to approve all remaining items on the Consent Agenda. The motion was approved by a
vote of 6-0.
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.)
Page 3 of 6
DEPARTMENT ITEMS:
7. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between the Town of Prosper, Texas, and Wier &
Associates, Inc., related to the Church & Parvin Drainage Improvements project. (MR)
Matt Richardson presented this item before the Town Council. The Old Town Drainage
Study, which was presented to Council on April 8, 2014, outlined various improvements to
be made over time to improve drainage conditions in the downtown area. Several projects
were incorporated into the FY 2015-2016 CIP, including the Church & Parvin Drainage
Improvements, and land acquisition for regional detention ponds. The proposed agreement
includes evaluation, design and land acquisition documents for two detention ponds, and
engineering, bid and construction phase services for the underground storm sewer system.
After discussion, Councilmember Korbuly made a motion and Councilmember Vogelsang
seconded the motion to authorize the Town Manager to execute a Professional Engineering
Services Agreement between the Town of Prosper, Texas, and Wier & Associates, Inc.,
related to the Church & Parvin Drainage Improvements project. The motion was approved
by a vote of 6-0.
8. Consider and act upon authorizing the Town Manager to execute a Contract
Amendment between the Town of Prosper, Texas, and Freese & Nichols, Inc., related
to the Lower Pressure Plane Pump Station and Transmission Line project. (MR)
Matt Richardson, Senior Engineer, presented this item before the Town Council. Freese &
Nichols, Inc., is nearing completion of an alignment study for the pipeline and siting analysis
for the Lower Pressure Plane Pump Station and Transmission Line Project. Blue Star Land
has recently submitted plans for the construction of four lanes of Lovers Lane between US
380 and Preston Road. The alignment study for the pipeline includes a segment of 42-inch
water line that will run within the right-of-way for this segment of Lovers Lane. To mitigate
future construction impacts and increased costs associated with traffic control and
pavement removals, Town staff has requested a proposal from Freese & Nichols to design
this segment of 42-inch water line immediately for the purpose of bidding construction by
May 2016.
Councilmember Korbuly made a motion and Councilmember Davis seconded the motion to
authorize the Town Manager to execute a Contract Amendment between the Town of
Prosper, Texas, and Freese & Nichols, Inc., related to the Lower Pressure Plane Pump
Station & Transmission Line project. The motion was approved by a vote of 6-0.
9. Consider and act upon Ordinance No. 16-16 amending Subsection III, "All Weapons
Banned," of Section 8.06, "Weapons Ban and Violence Prevention," of Chapter 8,
"Work Environment," of the Town of Prosper Personnel Policies and Procedures
Manual. (TW)
Town Attorney Terrence Welch presented this item before the Town Council. The purpose
of the proposed ordinance is to make the Town's personnel policies consistent with state
law. In response to questions by the Town Council, Mr. Welch stated that employees would
be prohibited from possessing weapons in Town facilities and Town vehicles.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to approve Ordinance No. 16-16 amending Subsection III, "All Weapons Banned," of
Page 4 of 6
Section 8.06, "Weapons Ban and Violence Prevention," of Chapter 8, "Work Environment,"
of the Town of Prosper Personnel Policies and Procedures Manual. The motion was
approved by a vote of 6-0.
10. 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:
10a. Section 551.087 — To discuss and consider economic development incentives.
10b. 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.
10c. 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.
10d. Section 551.071 — Consultation with the Town Attorney regarding legal issues
associated with the Texas Department of Housing and Community Affairs HTC
Program, including requirements under Title 10, Chapter 10 of the Texas
Administrative Code, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 6:29 p.m.
The Town Council reconvened the Regular Meeting briefly to present the following
Proclamation:
4. Presentations
Presentation of a Proclamation declaring February 2016 as Congenital Heart
Defect Awareness Month. (RB)
Melissa Hansen of Mended Little Hearts of Dallas was present to receive the Proclamation.
After the presentation, the Town Council recessed once again into Executive Session.
11. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 7:14 p.m. No action was taken as a
result of Executive Session.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Frontier Park North
Hulon Webb, Executive Director of Development and Community Services discussed the
option of having one 300-foot field. He presented three concept plans. The Town Council
provided direction to move forward with Concept 1.
Page 5 of 6
Town Secretary Robyn Battle presented the Town Council with the option to cancel the
March 8 Regular Meeting, due to Spring Break. The Council agreed to cancel the meeting.
Development Services Director John Webb discussed the Nelson Brothers batch plant
SUP, which will expire next year. They have requested an expansion, which will require an
amendment to the current SUP. The Town Council discussed the option of extending the
SUP, and provided direction for staff to work with the company on an SUP amendment
now.
The Town Council discussed the Village at Prosper Trail storm drainage issue and the
financial responsibilities of the various parties involved. Terrence Welch, the Town Attorney
stated that the issue is under review.
13. Adjourn.
The meeting was adjourned at 7:32 p.m. on Tuesday, February 9, 2016.
These minutes approved on the 23rd day of February, 2016.
APPROVED:
Ray Smith, i ayor
Page 6 of 6