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05.22.2012 Town Council MinutesTOWN OFF S PER Minutes Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, May 22, 2012 Council Meeting 6:00 p.m. 1. Call to Order / Roll Call — Mayor Ray Smith called the meeting to order at 6:04 p.m. Council present included: Mayor Ray Smith; Mayor Pro Tem Kenneth Dugger; Deputy Mayor Pro Tem Meigs Miller; Danny Wilson; Jason Dixon; Curry Vogelsang Jr.; and Dave Benefield. Council Member(s) absent: None Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon Webb, Director of Development Services; Chris Copple, Planning Director; and Matthew Garrett, Finance Director. 2. Pastor Glen Gabbard gave the Invocation. The Pledge of Allegiance and Pledge to the Texas Flag were given. 3. Announcements of dates and times of upcoming community events. Town Manager Mike Land thanked everyone for volunteering their time and service to the Windmill Playground Project and urged citizens to come out and help finish up. Council skipped to Executive Session. 12. EXECUTIVE SESSION Mayor Pro Tem Dugger made a motion to recess into closed session at 6:07 p.m. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as authorized by the Texas Open Meetings Act deliberate regarding; 12b. Section 551.071. Meeting with Special Counsel regarding a matter in which the duty of the Special Counsel under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding legal issues relating to the Sanders matters which involve the Town. Mayor Pro Tem Dugger made a motion to reconvene into open session at 6:31 p.m. Motion seconded by Council Member Dixon. Motion approved by vote of 7-0. No action was taken as a result of closed session. 4. Town Secretary Amy Piukana administered the Oath of Office and issued Certificate of Elections to Kenneth Dugger, Town Council Place 2 and Jason Dixon, Town Council Place 6. Page 1 of 5 CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) Deputy Mayor Pro Tem Miller made a motion to pull item 5i off the Consent Agenda for discussion. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0. 5 MINUTES, RESOLUTIONS AND OTHER ITEMS 5a. Consider and act upon minutes from the following Council meeting(s) (AP) May 8, 2012 — Regular Town Council Meeting 5b. Consider and act upon Resolution No. 12-29, a second Amendment to Water and Sewer Improvement Development Agreement. (ML) 5c. Consider and act upon Resolution No. 12-30, to approve an Assignment and Assumption Agreement for a PreAnnexationPreannexation Agreement between Forest City Prosper Limited Partnership and TVG Texas I, LLC. (ML) 5d. Consider and act upon Resolution No. 12-31, Estoppel Letter regarding Preannexation Agreement. (ML) 5e. Consider and act upon Resolution No. 12-32, authorizing the Town to enter into an Assignment and Assumption Agreement for Infrastructure Agreements (Water and Sewer Improvement Development Agreement & Water and Sewer Improvement Construction Agreement.) (ML) 5f. Consider and act upon Resolution No. 12-33, Estoppel Letter Regarding Infrastructure Agreements. (ML) 5g. Consider and act upon the April 2012 monthly financial statements. (MG) 5h. Consider and act upon Resolution No. 12-28, denying Atmos Energy Corp., Mid -Tex Division's requested rate increase. (MG) Deputy Mayor Pro Tem Miller made a motion to approve Consent Items 5a — 5h, as presented. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0. 5i. 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. Planning Director Chris Copple was present to answer any questions. Mr. Copple explained that the site plan is for a Parks Maintenance Facility at Frontier Park and has been approved by the Planning and Zoning Commission. After discussion, Mayor Pro Tem Dugger made a motion to approve Agenda Item 5i, as presented. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. Page 2 of 5 6. CITIZEN'S COMMENT (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 Comments Form" and present it to the Town Secretary prior to the meeting.) Other Comments by the Public — VA Citizen Jeff Burandt spoke to Council concerning Cosery and the new smart meters. Mr. Burandt asked Council to consider the health, safety and welfare of the citizens which he felt would be endangered by radio frequency transmissions, privacy, storage of data and how it will be used and collected. He asked the Town to consider easement access, fire hazards, and environmental issues. Mr. Burandt recommended that Council consider passing an Ordinance to suspend smart meters and allow citizens to provide feedback through a Town survey on the issue. Citizen Melissa Randle thanked everyone who participated in the Community Playground Build Project. She recognized the Parks Department, Fire Department, and Development Director for all their efforts. She also recognized and thanked Town Manager Mike Land for his Leadership with the Windmill Playground Project which she felt ultimately brought the community together. Ms. Randle urged Council to support and donate their time at the playground in order to complete the project. Citizen Jack Dixon spoke in support of the Prosper Eagles Baseball Team and asked everyone to fill the stadium at the playoff game coming up on Thursday. Citizen Kelly Cooper presented a handout to Council regarding House Bill 2129 in regards to smart meters. She noted that an email explaining HB 2129 had been sent to Town Staff and Council regarding the issue. Ms. Cooper stated her main concerns are invasion of privacy, environmental issues and the lack of control in allowing utility providers direct control of her home appliances. Ms. Cooper recommended adding smart meters as a discussion topic on a future Council agenda. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" 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.) DEPARTMENT ITEMS Consider and act upon the appointment of a Mayor Pro -Tem and Deputy Mayor Pro -Tem Mayor Pro Tem Dugger made a motion to appoint Deputy Mayor Pro Tem Miller as Mayor Pro Tem. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. Council Member Wilson made a motion to appoint Mayor Pro Tem Dugger as Deputy Mayor Pro Tem. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 7-0. Discussion regarding the Fiscal Year 2012-2013 Budget Calendar. Finance Director Matthew Garrett briefed Council regarding this item noting that as part of the budget plan process, staff builds a Page 3 of 5 0 Budget Calendar that complies with the various laws governing municipalities, truth in taxation and open meetings. Mr. Garrett passed out a calendar for staff to review. No action was taken on this item. 9. Presentation by NCC Data and discussion regarding IT services and disaster recovery planning for the Town of Prosper. Finance Director Matthew Garrett noted that Town Staff had recently been given an IT Service Survey for NCC Data's services which indicated a drop in rating. Mr. Garrett introduced Scott Moffitt and Mike Griffith Vice President of Operations with NCC Data. Mr. Moffitt explained that NCC Data is working with Town to improve customer service. Mr. Moffitt presented a PowerPoint summarizing Prosper's Information Technology infrastructure, support mechanisms and accomplishments. Mr. Moffitt explained that NCC Data will continue to work with Town throughout the year to improve Town operations. 10. Update on Town of Prosper Capital and Construction Projects. Project Manager Michael Bulla briefed Council regarding the following Capital and Construction Projects: Coit Road, First Street, Wilson Creek Sewer, US 289 Relocations, US 289 TxDOT Construction, Upper Plane Water Line Design, and Ground Storage expansion. No action was taken on this item. 11. Discussion regarding capital projects and for potential Certificates of Obligation and also General Obligation debt financing needs. Finance Director Matthew Garrett briefed Council regarding Certificates of Obligation and General Obligation debt financing needs. Mr. Garrett explained that based on past discussions with Council, staff confirmed that funding of the culvert improvements to Coleman Road north of Prosper Trail could be funded from the Drainage Utility System Fee Schedule. Mr. Garrett discussed several tables that listed Road Projects. After discussion, Council Member Vogelsang asked staff to provide cost estimations for the purchase of asphalt for the Fishtrap Road Project. Mr. Garrett explained that the Town is required to do a preliminary official statement before debt is issued. He added that the Fire Department Engine will not be on this year's debt and that he will bring forward a Reimbursement Resolution. Mr. Garrett asked Council to consider the amount to include so he may issue a Notice of Intent for water rates. He noted that the second notice of intent will go out November or December of this year to reduce costs. No action was taken on this item, it was discussion only. Mayor Pro Tem Miller made a motion to adjourn into Closed Session at 8:20 p.m. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 7-0. 12 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 deliberate regarding; 12a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located south of Prosper Trail, east of the BNSF railroad, west of Custer, and north of Highway 380. 12c. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 4 of 5 Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session at 9:23 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. There was no action taken as a result of Executive Session. 13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Mayor Pro Tem Miller asked staff to bring forward information regarding smart meters and present at a future meeting. 14. Adjourn- The meeting adjourned at 9:24 p.m. 4%111111111 OF P/�C) �aa� . .• s,� 000 I ••o I •� �• `� ®'s TEXAS ATTEST'ti 111111%%, Amy M.Piuka TRMC Town Secret APPROVETay��or Ray Smith, Page 5 of 5