02.28.2017 Town Council Minutes3
MINUTES
Meeting of the Prosper Town Council
TOWN
OF Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, February 28, 2017
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 Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Mike Davis
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Terrence Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Steve Glass, Deputy Director of Engineering Services
Alex Glushko, Senior Planner
Dudley Raymond, Parks & Recreation Director
Kelly Neal, Finance Director
Ronnie Tucker, Fire Chief
Stuart Blasingame, Assistant Fire Chief
Doug Kowalski, Police 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.
Councilmember Korbuly 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.
Prosper is in a race for first place as the Healthiest Small Community in Texas, and there
is still time to get involved. To show your support and earn points for Prosper, please
register at www.1-FFCommunityChallen-ge.com. The winning community will receive an
$1,800 grant For healthy school initiatives. The contest ends March 31.
Due to road construction, Fishtrap Road will be closed from Windsong Parkway to
Rockrose Drive beginning on Saturday, March 4 through Saturday, March 11. Motorists
are encouraged to find alternate routes and use caution in this area.
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The road construction project on Coleman Street is almost complete. The closure at
Coleman and First Street should be open by Sunday, March 5.
The Annual Prosper Spring Clean Up will be held on Saturday, March 18, from 8:00 a.m.-
Noon. The drop-off zone will be located along Craig Road in front of Rucker Elementary.
Participants are asked to enter Craig Road from Broadway, and proceed south to drop off
unwanted items such as scrap lumber, computers, appliances, electronics, old
eyeglasses, and other household items. For more information, please call Prosper Town
Hall at 972-346-2640.
The Prosper Lady Eagles Soccer Team is still undefeated this season. They will play
against McKinney North High School tonight.
4. Presentations.
Presentation of a Certificate of Distinction for the Town of Prosper Investment
Policy to members of the Finance Department from the Government Treasurers'
Organization of Texas. (KN)
Mayor Smith presented the Certificate of Distinction to Finance Director Kelly Neal.
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 meeting.
(RB)
i Regular Meeting — February 14, 2017
5c. Consider and act upon Ordinance No. 17-15 amending Planned
Development-43 (PD-43), on 14.1± acres, located on the north side of US 380,
700± feet west of Mahard Parkway, to facilitate the development of an
automobile sales and/or leasing facility (Ford). (Z16-0025). (AG)
Councilmember Davis removed Item 5b from the Consent Agenda.
Councilmember Dugger made a motion and Deputy Mayor Pro-Tem Dixon seconded the
motion to approve Items 5a and 5c on the Consent Agenda. The motion was approved
by a vote of 7-0.
5b. Consider and act upon Ordinance No. 17-14 adopting land use assumptions
and a capital improvements plan and establishing impact fees for water,
wastewater, and roadways, by amending Article 10.02, "Capital
Improvements and Impact Fees," of the Town of Prosper Code of
Ordinances. (MD16-0012) (HW)
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to approve Item 5b. The motion was approved by a vote of 6-1, with Councilmember
Davis casting the opposing vote.
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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.
Ryan Parrott, 8750 N. Central Expy, Suite 510, Dallas, spoke regarding a nonprofit
organization, Sons of the Flag, which assists burn survivors with their recovery. Mike
Pettis, owner of the Cotton Gin, also spoke in support of the organization. He sponsors
an annual fundraising event, Country for Country, to benefit the organization.
Mayor Smith skipped to Item 13c.
13. 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:
13c. Section 551.074 — To discuss and review the Town Manager's performance
evaluation.
The Town Council recessed into Executive Session at 6:14 p.m.
14. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 6:28 p.m. No action was taken as
a result of the Executive Session.
Mayor Smith moved to Item 15 on the agenda.
15. Consider and act upon an ordinance amending the FY 2016-2017 budget. (KN)
Mayor Pro-Tem Vogelsang made a motion and Deputy Mayor Pro-Tem Dixon seconded
the motion to adopt Ordinance No. 17-17 amending the FY 2016-2017 budget as
discussed in Executive Session to account for the new Police and Fire step plan and
civilian pay grade adjustments. The motion was approved by a vote of 7-0.
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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PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific
Use Permit (SUP) for a Child Day Care Center (Alpha Montessori), on 2.3± acres,
located on the west side of Legacy Drive, 500± feet north of Prairie Drive. This
property is zoned Planned Development-65 (PD-65). (S16-0012). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. The request
is to allow for a Child Day Care Center, Alpha Montessori, which will consist of a 13,700-
square-foot building to accommodate 190 students and 20 teachers. A 6-foot masonry
wall will be constructed along the northwestern property line to separate the proposed use
from the future residential neighborhood.
Mayor Smith opened the Public Hearing.
Mr. Kevin Patel, 1503 Astoria Drive, Allen, Texas, 75013, is the applicant, and responded
to questions from the Council. The facility is scheduled to open in 2018. A similar facility
is located at Independence and Rollater. Upon Council's request, the applicant agreed to
revise the current elevation to replace stucco with sticky -stone material around the front
entrance.
Clint Richardson, 10950 Research Blvd., Frisco, representing the land owner, spoke in
favor of the project. He commended Mr. Patel for his cooperation in choosing
complementary colors and materials that will work well with the adjacent commercial and
residential developments.
With no one else speaking, Mayor Smith closed the Public Hearing.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the
motion to approve Ordinance No. 17-18 for a Specific Use Permit (SUP) for a Child Day
Care Center (Alpha Montessori), on 2.3± acres, located on the west side of Legacy Drive,
500± feet north of Prairie Drive, with the addition of "sticky -stone" to replace the stucco,
as reflected on the attached Exhibit D to the ordinance, the Day Care Center elevations.
The motion was approved by a vote of 7-0.
DEPARTMENT ITEMS:
8. Consider and act upon an ordinance amending Chapter 5, "Fire Prevention and
Protection," of the Town of Prosper Code of Ordinances, by adding a new article
5.05, "Hazardous Materials Incident Response." (RT)
Fire Chief Ronnie Tucker presented this item before the Town Council. The proposed
ordinance will allow for the collection of reimbursable expenses related to the abatement
and cleanup of hazardous materials incidents.
Deputy Mayor Pro -Tern Dixon made a motion and Councilmember Dugger seconded the
motion to approve Ordinance No. 17-16 amending Chapter 5, "Fire Prevention and
Protection," of the Town of Prosper Code of Ordinances, by adding a new article 5.05,
"Hazardous Materials Incident Response." The motion was approved by a vote of 7-0.
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9. Consider and act upon a request for a Facade Exception for Westfork Crossing,
Block A, Lot 1, (RaceTrac) located on the northwest corner of US 380 and Gee Road.
(MD16-0018). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. The applicant
is requesting a Fagade Exception for a 5,488-square-foot convenience store with fuel
pumps located within Westfork Crossing, to allow for an increase in secondary materials.
Drew Cunningham with RaceTrac and Dalton Kerr with Compact Wood addressed the
Council with additional information about the proposed secondary materials. The
proposed RaceTrac is a new prototype for the brand in the DFW area.
After discussion, Deputy Mayor Pro -Tern Dixon made a motion and Councilmember
Korbuly seconded the motion to approve a request for a Fagade Exception for Westfork
Crossing, Block A, Lot 1, (RaceTrac), located on the northwest corner of US 380 and Gee
Road. The motion was approved by a vote of 7-0.
10. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Fugro USA Land, Inc., and the Town of Prosper,
Texas, related to construction materials testing for the Frontier Park North
Improvements Project. (DR)
Dudley Raymond, Parks and Recreation Director, presented this item before the Town
Council. Fugro USA Land, Inc., has been selected by the Construction Manager -at -Risk
for the project to provide construction materials testing for the subgrade of the artificial turf
fields, which is not covered by the current Guaranteed Maximum Price contract with Dean
Construction. The cost of the services will be covered by the two -percent contingency
within the project's existing budget.
Councilmember Korbuly made a motion and Mayor Pro-Tem Vogelsang seconded the
motion to authorize the Town Manager to execute a Professional Services Agreement
between Fugro USA Land, Inc., and the Town of Prosper, Texas, related to the materials
testing for the Frontier Park North Improvements Project. The motion was approved by
a vote of 7-0.
11. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Halff Associates, Inc., and the Town of
Prosper, Texas, related to the design of the Prosper Trail (Colt - Custer) project.
(SG)
Steve Glass, Deputy Director of Engineering Services, presented this item before the
Town Council. The proposed agreement will provide 90% design services for the widening
of Prosper Trail from two lanes to a four -lane divided minor thoroughfare from Coit Road
to Custer Road. Responding to questions from the Town Council, Mr. Glass and Hulon
Webb, Executive Director of Development and Community Services, stated that no
progress has been made on installing a traffic light at Prosper Trail and Custer Road, since
TOOT is still in discussions with the City of McKinney regarding the east side of Custer
Road.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the
motion to authorize the Town Manager to execute a Professional Engineering Services
Agreement between Halff Associates, Inc., and the Town of Prosper, Texas, related to the
design of the Prosper Trail (Colt - Custer) project. The motion was approved by a vote of
7-0.
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12. Consider and act upon awarding Bid No. 2017-21-B Public Works Interceptor
Project 1607-WW, to Reytech Services, LLC., related to construction services for
installation of wastewater lines; and authorizing the Town Manager to execute a
construction agreement for same. (SG)
Steve Glass, Deputy Director of Engineering Services, presented this item before the
Town Council. The proposed bid award will provide for the installation of wastewater lines
for the future expansion of the Dallas North Tollway north of First Street, and will ultimately
decommission the Wastewater Treatment Plant Lift Station at the Public Works site.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to award Bid No. 2017-21-B Public Works Interceptor Project 1607-WW, to Reytech
Services, LLC., related to construction services for installation of wastewater lines; and
authorize the Town Manager to execute a construction agreement for same. The motion
was approved by a vote of 7-0.
13. 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:
13a. Section 551.087 — To discuss and consider economic development
incentives.
13b. 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.
13c. 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.
14. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 7:55 p.m.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger seconded the
motion to approve the Town Manager's evaluation as per Executive Session. The motion
was approved by a vote of 7-0.
16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• First Street Overpass. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
options related to potential overpasses along the BNSF Railroad. The Town's current
Thoroughfare Plan shows future overpasses at Frontier Parkway and Lover's Lane.
Mayor Pro-Tem Vogelsang encouraged staff to be creative and think strategically when
planning for future traffic concerns, considering all options for railroad overpasses.
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• Coit Road (US 380 — First) Illumination Options. (SG)
Steve Glass, Deputy Director of Engineering Services, reviewed three options for street
lighting on Coit Road. Town staff was given direction to install light poles every 150 feet
from US 380 to the north end of Rogers Middle School, then continue the installation of
light poles every 300 feet from Rogers Middle School to First Street. The intersection at
US 380 and First Street will be fully lit. The lighting project will be designed so that
additional light poles may be added in the future.
17. Adjourn.
The meeting was adjourned at 8:22 p.m. on Tuesday, February 28, 2017.
These minutes awad on the 14th day of March, 2017
�%I� " OF°oo,R4s 4�, APPROVED:
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Ray Smith, Mayor
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Robyn Bat"b, Town'Secretary
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