02.23.2016 Town Council Minutes1.
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TOWN OF
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 Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Mike Davis
Councilmember Jason Dixon
MINUTES
Meeting of the Prosper Town Council
Prosper ISD Central Administration Building
605 E. Seventh Street, Prosper, Texas
Tuesday, February 23, 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
Leslie Scott, Library Director
Frank Jaromin, Public Works Director
Betty Pamplin, Accounting Manager
Doug Kowalski, Chief of Police
Ronnie Tucker, Fire Chief
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.
Announcements of recent and upcoming events.
Mayor Pro-Tem Miller read the following announcements:
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. In
the last two weeks, Prosper has moved from fourth place to first place, but there is still time
to get involved. To show your support and earn points for Prosper, please register at
www,ITTCommunitvChallenae.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.
Early Voting for the Republican and Democratic Primary Election will continue through
Friday, February 26. Collin County voters may vote in the Prosper Municipal Chambers
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during early voting, and at the Prosper ISD Central Administration Building on Tuesday,
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
9:00-11:00 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.nrosnercarksandrec.ora
The 5th Annual Prosper Spring Clean Up will be held in the parking lots of Main Street Park
on Saturday, March 19 from 8:00 a.m.-12:00 p.m. Shredding services, bulk item disposal,
cardboard, metal and electronic waste recycling will be available, as well as household
hazardous waste vouchers. For more information, call Prosper Town Hall at 972-346-2640.
Councilmember Dugger announced that the Prosper Lions Club will hold a pancake
breakfast fundraiser on March 19 in conjunction with the Rogers Middle School fun run and
5k.
Councilmember Dugger congratulated Mayor Smith, Mayor Pro-Tem Miller, and
Councilmember Korbuly. Each incumbent will be unopposed in the May 7 General Election
and will serve another three-year term.
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.)
4a. Consider and act upon minutes from the following Town Council meeting.
(RB)
* Regular Meeting — February 9, 2016
4b. Receive the Quarterly Investment Report ending December 31, 2015. (BP)
4c. Consider and act upon canceling the March 8, 2016, Regular Meeting. (RB)
4f. Consider and act upon a resolution authorizing the Town Manager to execute
an application to the Texas State Library and Archives Commission for the FY
2016- 2017 Impact Grant. (LS)
4g. 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)
Councilmember Davis removed Item 4d from the Consent Agenda,
Councilmember Dugger removed Item 4e from the Consent Agenda.
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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 7-0.
4d. Consider and act upon authorizing the Town Manager to execute the
Playground Joint Use Agreement between the Prosper Independent School
District and the Town of Prosper, Texas, related to Windsong Park. (WM)
Councilmember Davis inquired whether there would be limitations on playground access to
citizens. Hulon Webb, Executive Director of Development and Community Services,
explained that the intent of the agreement was to have the playground open to the public at
all times. The Council decided to table the item to allow staff time to clarify the language in
the agreement.
Councilmember Davis made a motion and Councilmember Dugger seconded the motion to
table Item 4d to the March 22, 2106, Town Council meeting. The motion was approved by
a vote of 7-0.
4e. Consider and act upon authorizing the Town Manager to execute a First
Amendment to 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 drainage facilities within the
right-of-ways of the public roads in Windsong Ranch, Phase 2A and Phase 36.
(DH)
Hulon Webb responded to questions from the Town Council, stating that the original intent
of the License Agreement was to enhance the streetscape. The First Amendment adds two
phases to the original agreement. The agreement stipulates that individual homeowners
must maintain the trees in the right-of-way near their property, or the Homeowner's
Association will be required to do so. The Town has no liability for trees in the right-of-way
that are subject to the agreement. David Blom, representing Windsong Ranch, stated that
specific trees have been approved to be planted, and homeowners are prohibited from
planting additional trees in the right-of-way.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to approve Item 4e. The motion was approved by a vote of 7-0.
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.
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.
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DEPARTMENT ITEMS:
6. Consider and act upon authorizing the Town Manager to execute a Memorandum of
Understanding (MOU) between the Town of Little Elm, Texas, and the Town of
Prosper, Texas, related to the physical use and compensation of Prosper Fire Station
No. 2 by Little Elm for the purpose of facilitating Automatic Assistance. (RT)
Fire Chief Ronnie Tucker presented this item before the Town Council. According to the
terms of the MOU, the Town of Prosper will provide a paramedic engine and associated
staff, and the Town of Little Elm will provide a Medical Intensive Care Unit and associated
personnel. The two units will provide mutual assistance to both Towns. Both units will be
housed at Prosper's Fire Station No. 2, which is scheduled to be complete by August of
2016.
Mayor Pro-Tem Miller made a motion and Councilmember Korbuly seconded the motion
authorizing the Town Manager to execute a Memorandum of Understanding (MOU)
between the Town of Little Elm, Texas, and the Town of Prosper, Texas, related to the
physical use and compensation of Prosper Fire Station No. 2 by Little Elm for the purpose
of facilitating Automatic Assistance. The motion was approved by a vote of 7-0.
7. Provide an update and project status regarding the development of a Regional
Capacity, Management, Operations, and Maintenance (CMOM) Program. (FJ)
Frank Jaromin, Public Works Director, presented this item before the Town Council. In
2015, the Environmental Protection Agency inspected the North Texas Municipal Water
District (NTMWD) and its Member and Customer Cities regarding a possible Clean Water
Act enforcement action relating to their respective sanitary sewer collection systems and
sanitary sewer overflows. As a result of the inspection, the Town of Prosper received an
Administrative Order on December 15, 2015, requiring the submission of a detailed CMOM
program. Mr. Jaromin introduced Jena Covington from NTMWD, who provided a detailed
presentation on the model CMOM proposed for the Town, which must be implemented by
December 31, 2016.
No further action was taken.
8. Discussion on a proposed ordinance of the Town of Prosper amending Chapter 13,
"UTILITIES" of the Code of Ordinances of the Town of Prosper, Texas, by adding a
new Article 13.11 "Fats, Oils and Grease (FOG) Outreach Plan" and amending
Appendix A "Fee Schedule" to the Code of Ordinances of the Town of Prosper,
Texas, by adding a new section XIX, "FOG Outreach and Enforcement Fees." (FJ)
Frank Jaromin, Public Works Director, presented this item before the Town Council.
Following the 2015 Environmental Protection Agency (EPA) inspection, the Town of
Prosper has been working with NTMWD Member and Customer Cities to develop a CMOM
Program in order to comply with the demands made by the EPA. Under the CMOM
Program, the Town is required to develop a written FOG Program Manual and a FOG
Public Outreach Program, which will educate applicable customers on the importance of
keeping the Wastewater Lines void of FOG and provide guidelines on the installation,
cleaning, maintenance, and treatment of grease trap/interceptors.
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Mr. Jaromin responded to the Town Council's questions regarding the new staff position
proposed for the FOG program. As the Town continues to grow, the need for a dedicated
staff position to implement and monitor the FOG program will grow as well. Additional staff
and equipment needed for the FOG program will be proposed in the FY 2016-2017 budget.
Councilmember Davis requested that in the future, Vehicle and Equipment Replacement
Fund purchases, as well as ongoing expenses, be broken down in the budget projections.
No further action was taken.
9. 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:
9a. Section 551.087 — To discuss and consider economic development incentives.
9b. 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.
9c. 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.
9d. Section 551.071 — Consultation with the Town Attorney regarding property
repair issues and contractual agreement regarding same.
9e. 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.
9f. Section 551.074 — To discuss and review the Town Manager's performance
evaluation.
The Town Council recessed into Executive Session at 7:11 p.m.
10. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 10:35 p.m.
Councilmember Dugger made a motion and Council member Korbuly seconded the motion
to authorize the Town Manager to execute an Amendment to Economic Development
Incentive Agreement with Lowe's Home Centers and the Prosper Economic Development
Corporation. The motion was approved by a vote of 7-0.
11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
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0 Human Signs (JW)
Town staff is in the process of working with the Town Attorney to revise the Town's sign
ordinance. One subject of particular concern is the use of human signs, which can only
be restricted, not prohibited. Town staff will take new legislation regarding the content
of signs into consideration when revising the Town's sign ordinance, which will be
brought back to the Town Council for consideration later this year.
Town staff has asked Kroger to remove the "Now Hiring" banner from the property
because it is in violation of the Town's sign ordinance. The Council provided direction
to allow for this banner and others like it through the use of a temporary permit.
A local property owner has offered to have a home moved from his property to that of a
homeowner on Main Street who lost her home in a fire in 2015. Town staff will require
an evaluation as to whether the home can be safely moved. The home must also meet
all building codes before it can be occupied.
Councilmember Korbuly inquired about the median landscaping on Prosper Trail east of
Preston Road. In 2015, the Town Council provided direction to discontinue the use of
Weeping Love Grass. Hulon Webb explained that because the Prosper Trail median
landscape project was approved in 2014, he authorized the use of Weeping Love Grass
on the section east of Preston Road to ensure a consistent look for the project. Hameln
Grass will be used in place of Weeping Love Grass on future projects.
Councilmember Davis inquired about the criteria for the Town's Municipal Court to
become a court of record. Town Attorney Terry Welch responded that the Town
Council would need to appoint a Municipal Judge who is an attorney, and the Town
would need to hire a court reporter to record the proceedings.
Councilmember Dugger requested a review of the Town Charter,
12. Adjourn.
The meeting was adjourned at 11:06 p.m. on Tuesday, February 23, 2016.
These minutes approved on the 22nd day of March, 2016,
ATT T:
Robyn ttle, Town Secretary`s
APPROVED:
Ray Smith, Mayor
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