09.12.2017 Town Council MinutesISPOER
MINUTES
Meeting of the Prosper Town Council
OWN F Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, September 12, 2017
Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order 6:03 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 (arrived at 6:18 p.m
Councilmember Jeff Hodges
Council Members Absent:
Councilmember Meigs Miller
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Terry Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Steve Glass, Deputy Director of Engineering Services
Dudley Raymond, Parks and Recreation Director
Leslie Scott, Library Director
Kelly Neal, Finance Director
Betty Pamplin, Accounting Manager
Liz McDonald, Accountant
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Doug Kriz led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag
were recited.
3. Announcements of recent and upcoming events.
Fall registration is open for several Parks & Recreation Programs including Archery,
Soccer, Tennis, and adult softball. Visit www.prosperparksandrec.org for more
information, and to register. Several local youth sports leagues are also open for
registration.
The Town Council would like to thank everyone who attended the Community Picnic on
Saturday.
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The Prosper Fire Department participated in the 9/11 Memorial Stair Climb on Saturday.
Over 900 climbers dressed in full gear, and climbed 110 floors to honor first responders
who lost their lives on 9/11. Several Prosper Firefighters participated in the climb to raise
money for organizations that support the families of first responders who have been killed
in the line of duty.
Several members of the Prosper Police and Fire Departments took part in yesterday's
9/11 Remembrance Ceremony at Frontier Park. Thank you to everyone who supported
and attended this event.
On Tuesday, October 3, residents are encouraged to participate in National Night Out by
spending the evening outside visiting with neighbors and Prosper's public safety
personnel. This annual event was created to heighten awareness, and strengthen
participation in local anti -crime efforts. Contact Officer Erin Hubbard for more information
or to schedule a block party.
4. Presentations.
Presentation of a Proclamation to members of the Leukemia & Lymphoma
Society declaring September 2017 as Blood Cancer Awareness Month. (RB)
Alexis Meyer of the North Texas Chapter of the Leukemia & Lymphoma Society
accepted the Proclamation.
• Presentation of a Proclamation to members of the Preston Ridge Chapter of
R the Daughters of the American Revolution declaring September 17-23, 2017,
as Constitution Week. (RB)
Joann Slaven of the Preston Ridge Chapter of the Daughters of the American
Revolution accepted the Proclamation.
Presentation to members of the Town of Prosper Finance Division for
receiving a Certificate of Achievement for Excellence in Financial Reporting
from the Government Finance Officers Association for the Comprehensive
Annual Financial Report for the fiscal year ended September 30, 2016. (KN)
Finance Director Kelly Neal, Accounting Manager Betty Pamplin, and Accountant
Liz McDonald accepted the award on behalf of the Town of Prosper Finance
Department.
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
(RB)
• Regular Meeting — August 22, 2017
the following Town Council meeting.
5b. Receive the July 2017 Financial Report. (KN)
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5c. Consider and act upon an amendment to an Interlocal Agreement regarding
certain property in the City of Aubrey's extraterritorial jurisdiction and
authorize the Town Manager to substitute relevant pages into the previously
approved Interlocal Agreement. (TW)
Councilmember Korbuly removed Item 5d from the Consent Agenda.
Mayor Pro -Tern Vogelsang made a motion and Councilmember Hodges seconded
the motion to approve all remaining items on the Consent Agenda. The motion
was approved by a vote of 5-0.
Councilmember Dugger arrived at 6:18 p.m. and took his place at the Council
bench.
5d. Consider and act upon an ordinance amending Article 4.05, "Alarm
Systems," of the Code of Ordinances relative to alarm monitoring companies
and procedures for response to alarm signals. (DK)
Police Chief Doug Kowalski responded to a question from the Town Council
regarding language in the ordinance that requires police and fire personnel to
attempt to verify alarm signals at least twice before responding. Town Attorney
Terry Welch suggested the requirement for the fire alarms be removed from the
proposed ordinance.
Councilmember Korbuly made a motion and Councilmember Hodges seconded
the motion to approve Ordinance No. 17-64 amending Article 4.05, "Alarm
Systems," of the Code of Ordinances relative to alarm monitoring companies and
�-- procedures for response to alarm signals, subject to the removal of the words "or
fire" from paragraph 2 of the proposed ordinance. 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.
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DEPARTMENT ITEMS:
7. Consider and act upon an ordinance adopting the Fiscal Year 2017-2018 Annual
�... Budget for the fiscal year beginning October 1, 2017, and ending September 30,
2018. (KN)
Finance Director Kelly Neal presented this item before the Town Council. Approval of this
item will appropriate funds for the FY 2017-2018 Budget. Prior to this meeting, the Town
published required notices, held two public hearings that included staff presentations
about the budget, and gave interested taxpayers the opportunity to be heard by the Town
Council. Ms. Neal reviewed the adjustments that have been made to the FY 2017-2018
Proposed Budget since it was presented to the Town Council on August 8, 2017. She
responded to questions related to the overtime approval process.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Korbuly seconded the
motion to approve Ordinance No. 17-65 adopting the Fiscal Year 2017-2018 Annual
Budget for the fiscal year beginning October 1, 2017, and ending September 30, 2018, as
proposed. Mayor Smith called the roll, and Council Members responded as follows:
Councilmember Hodges - approved
Councilmember Miller - absent
Councilmember Dugger - approved
Deputy Mayor Pro-Tem Dixon — approved
Mayor Smith — approved
Mayor Pro-Tem Vogelsang — approved
Councilmember Korbuly — approved
The motion was approved by a vote of 6-0.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Korbuly seconded the
motion to ratify the property tax revenue increase as reflected in the Fiscal Year 2017-
2018 Adopted Budget. Mayor Smith called the roll, and Council Members responded as
follows:
Councilmember Hodges - approved
Councilmember Miller - absent
Councilmember Dugger - approved
Deputy Mayor Pro-Tem Dixon — approved
Mayor Smith — approved
Mayor Pro-Tem Vogelsang — approved
Councilmember Korbuly — approved
The motion was approved by a vote of 6-0.
8. Consider and act upon an ordinance adopting the Town of Prosper's 2017 Property
Tax Rate. (KN)
Finance Director Kelly Neal presented this item before the Town Council. The proposed
tax rate will generate sufficient revenues as required in the Adopted FY 2017-2018
Budget. The proposed ordinance sets the 2017 ad valorem tax rate at $0.52 cents per
$100 assessed valuation.
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Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the
motion to adopt Ordinance No. 17-66 stating that the property tax rate be increased by
the adoption of a tax rate of $0.52 per $100 assessed valuation, which is effectively an
8.45 percent increase in the tax rate. Mayor Smith called the roll, and Council Members
responded as follows:
Councilmember Hodges - approved
Councilmember Miller - absent
Councilmember Dugger - approved
Deputy Mayor Pro-Tem Dixon — approved
Mayor Smith — approved
Mayor Pro-Tem Vogelsang — approved
Councilmember Korbuly — approved
The motion was approved by a vote of 6-0.
9. Consider and act upon a resolution adopting the Fiscal Year 2017-2018 Capital
Improvement Program. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. This program includes budgeted capital projects for the
2017-2018 fiscal year and major planned capital projects to 2027. Mr. Webb reviewed the
proposed projects in the Capital Improvement Program.
Mayor Smith recognized the following individuals who requested to speak:
Rick Basher, 4570 Crossvine Drive, Prosper, thanked the Town Council for the approval
of additional funding for the road repairs in Windsong Ranch.
Jeremy Painkin, 4520 Acacia Parkway, Prosper, thanked the Town Council for listening
to the residents' concerns and taking action on the road repairs in Windsong Ranch.
After discussion, Councilmember Korbuly made a motion and Mayor Pro-Tem Vogelsang
seconded the motion to approve Resolution No. 17-67 adopting the Fiscal Year 2017-
2018 Capital Improvement Program. The motion was approved by a vote of 6-0.
10. Consider and act upon an ordinance amending various Town Fees; amending
Section 3.03.002, "Fee," of Article 3.03, "Certificate of Occupancy," of Chapter 3,
"Building Regulations," of the Town's Code of Ordinances; repealing existing
Sections 6.04.003, "Review of Plans," 6.04.004, "Fees," and 6.04.005, "Suspension
of Permit," of Article 6.04, "Food Establishments and Mobile Food Units" of Chapter
6, "Health and Sanitation," of the Town's Code of Ordinances and replacing them
with new Sections 6.04.003, "Review of Plans," 6.04.004, "Fees," and 6.04.005,
"Suspension of Permit;" amending Appendix A, "Fee Schedule," to the Town's
Code of Ordinances by repealing existing Section IX, "Water and Sewer Rates," and
replacing it with a new Section IX, "Water and Sewer Rates;" repealing existing
subsection (a) of Section XII, "Municipal Drainage Utility System Fee Schedule,"
and replacing it with a new subsection (a); repealing existing subsections (b)
through (g), inclusive, of Section XIV, "Public Works Fee Schedule," and replacing
them with new subsections (b) through (g), inclusive; and adding a new Section XX,
"Health and Sanitation Fees." (KN)
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Finance Director Kelly Neal presented this item before the Town Council. Town staff is
recommending increases to several of the Town's rates and fees, which have not been
increased in several years. Town staff presented information on the proposed rates and
fees at the July 12, 2017, Budget Work Session, as well as the August 22, 2017, and
`— September 5, 2017, Town Council meetings. Ms. Neal provided an overview of the
proposed rates and fees.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the
motion to approve Ordinance No. 17-68 amending various Town Fees; amending Section
3.03.002, "Fee," of Article 3.03, "Certificate of Occupancy," of Chapter 3, "Building
Regulations," of the Town's Code of Ordinances; repealing existing Sections 6.04.003,
"Review of Plans," 6.04.004, "Fees," and 6.04.005, "Suspension of Permit," of Article 6.04,
"Food Establishments and Mobile Food Units" of Chapter 6, "Health and Sanitation," of
the Town's Code of Ordinances and replacing them with new Sections 6.04.003, "Review
of Plans," 6.04.004, "Fees," and 6.04.005, "Suspension of Permit;" amending Appendix A,
"Fee Schedule," to the Town's Code of Ordinances by repealing existing Section IX,
"Water and Sewer Rates," and replacing it with a new Section IX, "Water and Sewer
Rates;" repealing existing subsection (a) of Section XII, "Municipal Drainage Utility System
Fee Schedule," and replacing it with a new subsection (a); repealing existing subsections
(b) through (g), inclusive, of Section XIV, "Public Works Fee Schedule," and replacing
them with new subsections (b) through (g), inclusive; and adding a new Section XX,
"Health and Sanitation Fees." The motion was approved by a vote of 6-0.
11. Consider and act upon approving Change Order Number 02 for Bid No. 2016-68-B
to North Texas Contracting, Inc., related to construction services for the Town Hall
Infrastructure Project; and authorizing the Town Manager to execute Change Order
Number 02 for same. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. The proposed change order will provide for the second
phase of installation of the underground drainage system from the Town Hall site along
the north side of First Street to the BNSF railroad on the Cosery property.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger seconded the
motion to approve Change Order Number 02 for Bid No. 2016-68-B to North Texas
Contracting, Inc., related to construction services for the Town Hall Infrastructure Project;
and authorize the Town Manager to execute Change Order Number 02 for same. The
motion was approved by a vote of 6-0.
12. Consider and act upon a resolution authorizing the Town Manager to execute an
application to the Texas Parks & Wildlife Department Outdoor Recreation Grant for
the development of the Whitley Place Trail Extension Project. (DR)
Parks and Recreation Director Dudley Raymond presented this item before the Town
Council. Town staff is developing an application for the Texas Parks & Wildlife Department
Outdoor Recreation Grant to assist in the development of the Whitley Place Trail
Extension Project. The grant program provides 50% matching grants on a reimbursement
basis to eligible applicants. The proposed project extends the existing Whitley Place Hike
and Bike Trail, connecting Whitley Place Park to Cockrell Elementary, and adds amenities
such as picnic tables, and a pavilion adjacent to the existing playground. The proposed
trail will close the gap in our trail network between Cockrell Elementary and Whitley Place
Park, two destinations that are now separated by Wilson Creek. Responding to a question
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from Council, Mr. Raymond responded that he would research opportunities to work with
Collin County to include a possible pedestrian bridge for the project.
After discussion, Councilmember Dugger made a motion and Councilmember Korbuly
seconded the motion to approve Resolution No. 17-69 authorizing the Town Manger to
execute an application to the Texas Parks & Wildlife Department Outdoor Recreation
Grant for the development of the Whitley Place Trail Extension Project. The motion was
approved by a vote of 6-0.
13. Discussion on Multi -Family Rental Inspection Program. (JW)
Development Services Director John Webb presented this item before the Town Council.
Town staff is proposing the implementation of a Multi -Family Rental Inspection Program
to ensure that the Town's apartment complexes and multi -family developments receive
consistent maintenance, and uphold basic livability elements as the complexes age and
potentially change ownership. The proposed annual inspections would ensure that basic
life -safety issues are addressed, as well as interior and exterior property maintenance
standards. The inspection program would also ensure that Town staff has current
ownership information for all multi -family developments so that any deficiencies may be
dealt with promptly. A new staff position has been approved in the FY 2017-2018 budget
to accommodate the additional inspections. Town staff will present proposed standards
for the new program at a future Town Council meeting. No further action was taken.
14. 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 551.071 — Consultation with the Town Attorney regarding possible
litigation regarding bond issues, and possible litigation regarding
substandard structures, and all matters incidents and related thereto.
14d. Section 551.074 — To discuss and consider personnel matters and all matters
incident and related thereto.
14e. 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 6:46 p.m.
15. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
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C
The Town Council reconvened the Regular Session at 8:20 p.m.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to appoint the following individuals to the Town's various Boards and Commissions. The
motion was approved by a vote of 6-0.
BOARD NAME & PLACE
TERM EXPIRES
APPOINTEE
(1'_ t •n ironed by Town Council on
Se. pternber 12, 2017)
BOARD OF ADJUSTMENT! CONSTRUCTION BOARD OF APPEALS
Place No. 1
C9-30-2019
Erent '", ells
Place No. 3
C9-30-2019
George Dupont
Place No_ E
09-30-2019
Tracy ±Girl
Place No_ 7 C9-30-2019 Jererni Painkin
ECONOMIC DEVELOPMENT CORPORATION
Place No_ 2
09-30-2020
Ma'.:or P Smith
Place No_ 4
C9-30-202C
Da,id Bristol
LIBRARY BOARD
Place No. 1
G9 3r -2J °c
Lurr Tor;te
Place No, 3
C9-30-2919
Lenorah Johnson
Place No. y
09-30-2019
k-landi Jackson
Place No. 7 C49-30-2019 Andrew Caritmight
PARKS AND RECREATION BOARD
?lace No 1
GL-30-2019
Stephen Thomas
Place No. 2
C9-30-20.13
Gina Kern
Place No 3
C9-30-2019
Rebekah Land
Place No 6
09-30-2019
Aniv EartleJ
Place No. ? 0�L30-2019 .John Metcalf
PLANNING; AND ZONING COMMISSION
dace- No. 1
CS-30-2919
Charles Cotten
?lace No- 3
C9-30-2019
Craig Andres
='lace No c.
C9-30-20'9
Bobby A.ttebefry
?lace No. r_'
C9`30201?
Marcus Rai
dace No. 7
0Cti-30-2019
Brandon Dame
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16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Sales Tax — SPD Crime/Fire Timeline (KN)
Finance Director Kelly Neal reviewed options for a sales tax special district for a crime
and/or fire control and prevention district. She discussed a proposed timeline for
calling a special election in May 2017. Formation of a committee of 5-7 members to
study a special district will be discussed again at the September 26, 2017, Town
Council meeting.
Health Insurance Trust (KN)
Finance Director Kelly Neal briefed the Council on the Town's Health Insurance Trust.
The Council agreed to keep the trust in place, however, they agreed to staff's
recommendation to change the membership structure of the Trust's Board of
Directors. This item will be discussed again at the September 26, 2017, Town Council
meeting.
• Tree City USA (DR)
Parks and Recreation Director Dudley Raymond updated the Council on Town staff's
efforts to apply for Tree City USA designation on behalf of the Town. The Council also
discussed landscaping on Lovers Lane.
• Town Seal (RB)
Town Secretary Robyn Battle updated the Council on incorporating the Town Seal into
several design elements in the new Town Hall facility, and reviewed the Town Seal
that was approved by the Town Council in October 2016. The Council confirmed that
the previously -approved seal should remain.
17. Adjourn.
The meeting was adjourned at 8:40 p.m., on Tuesday, September 12, 2017.
These minutes approved on the 26th day of September, 2017.
PRO �i� APPROVED:
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Ray Smith, M yor
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Town Secretary
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