08.14.2012 Town Council MinutesOWN OF
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1. Call to Order / Roll Call.
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, August 14, 2012
Council Meeting
6:00 p.m.
Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tem
Kenneth Dugger, Council Member Jason Dixon, and Council Member Curry Vogelsang
Absent: Council Member Danny Wilson
Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary;
Matthew Garrett, Finance Director; Hulon Webb, Development Director; Chris Copple, Planning
Director; Frank Jaromin, Public Works Director; Wade Harden, Parks Manager, Mitzi Wadsworth;
Administrative Assistant
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
3. Announcements of dates and times of upcoming community events. Mayor Smith announced a
Community picnic is scheduled at Frontier Park on September 9, 2012. Deputy Mayor Pro Tem
Dugger announced the Town Elections are September 15, 2012 with early voting beginning August
29, 2012 at Prosper Municipal Chambers. Mayor Smith introduced the new Economic Development
Director Robert Winningham.
4. Presentation by Prosper Area Soccer Organization. PASO President Michael Korbuly thanked
Council for continued support with the soccer association. Mr. Korbuly, on behalf of the Prosper
Area Soccer Organization, presented the Town with a donation check in the amount of $19,500.
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.)
5. MINUTES, RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
July 24, 2012 — Regular Town Council Meeting
5b. Consider and act upon Resolution No. 12-54, amending Resolution No. 12-46
ordering a Special Election to fill the vacancy in Town Council Place 1 for
remainder of the current term to revise the early voting locations; and providing for
an effective date. (AP)
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5c. Consider and act upon Resolution No. 12-55, supporting Collin County's
prioritization of proposed RTR funded transportation projects. (HW)
5d. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and
First Texas Homes, Inc., related to the construction of turn lane improvements to
serve Lakes of La Cima, Phase 7 with the First Street Improvements (Preston Road
to Coit Road) and 2) Resolution No. 12-56, authorizing the Town Manager to
execute the same. (MB)
5f. Consider and act upon the establishment of an Interlocal Agreement (ILA) by and between
the Town of Prosper, Texas and the Prosper Independent School District for Public Safety
Communications Services. (KM)
5g. Consider and act upon Resolution No. 12-58, amending Resolution No. 12-53 for the sole
purpose of establishing the possible source(s) of funding that the Town of Prosper may utilize
to purchase the real property made the subject of the real estate purchase contract between the
Town of Prosper and Sexton Farms, Ltd. ("Real Estate Contract"). (LD)
Mayor Pro Tem Miller made a motion to pull item 5e off Consent for discussion and approve
Consent Items 5a, 5b, 5c, 5d, 5f, 5g, as presented. Motion seconded by Deputy Mayor Pro Tem
Dugger. Motion approved by vote of 5-0.
5e. Consider and act upon Change Order #4 to RLK Engineering, Inc, for the First Street
Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US
380). (MB) Council Member Dixon asked staff to define the meaning of the term "headwall".
Project Manager Michael Bulla explained that headwall was referring to the concrete facing
around the box culvert.
Council Member Dixon made a motion to approve Item 5e. Motion seconded by
Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0.
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 —
Resident and President of Preston Lakes Homeowner's Association Bruce Carlin thanked Council for
their assistance with excavating and cleanup of the Preston Lakes Park. Mr. Carlin showed pictures
of the debris and large chunks of rebar. He thanked staff for all their assistance and efforts with the
project.
Resident Irwin "CAP" Parry urged Council to consider holding quarterly informal open meetings
allowing citizens to provide input with question and answer sessions.
Resident Kelly Cooper stated she is disappointed that she received an email of the Comprehensive
Plan within 24 hours of the meeting. Ms. Cooper noted that she found a typo correction, new
additions, and in her opinion feels the vision statement does not capture the citizen's spirit and intent.
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She reminded Council that they may reject this item and still meet charter requirements to allow
additional time to review.
Resident Jack Dixon had questions regarding the Comp Plan under executive summary defining
height, zoning dwelling units and had concerns with the Comprehensive Plan stating that the growth
of the town depends on the accuracy of this plan. Mr. Dixon read the original vision statement and
the revised statement explaining that the two are very different. He stated the first vision statement
captures the citizens' intent. He noted that on page 40, garden apartments and townhomes are
omitted. Mr. Dixon explained that page 50 omits resident's requests for larger lots. Mr. Dixon noted
on page 55 a photo showed an 8 story building. He referred to a 2009 citizen survey done regarding
the downtown area. He wants downtown to be a destination that provides community gatherings and
to demonstrate a sense of excellence. Mr. Dixon stated he strongly disagrees with any light rail in
Prosper. Mr. Dixon urged Council to consider creating a veterans' park to honor our veterans. He
asked Council to deny the comp plan and define actions regarding downtown historic prosper.
Resident Ann Lieber thanked Council for allowing her to serve on the CPAC. She apologized that
she could not read the over 400 page final draft of the Comprehensive Plan due to receiving within a
24 hour time frame.
Mayor skipped to Agenda Item No. 16.
Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session at 6:37 p.m. Motion
seconded by Mayor Pro tem Miller. Motion approved by vote of 5-0.
16. 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;
16a. Section 551.074. To deliberate the appointment, employment and/or duties of the Town
Manager.
Deputy Mayor Pro Tem made a motion to reconvene into regular session at 7:52 p.m. Motion
seconded by Mayor Pro Tem Miller. Motion approved by vote of 5-0. No action was taken as a
result of executive session.
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.)
PUBLIC HEARINGS:
Mayor Smith recused himself from the meeting due to a potential conflict of interest.
7. A public hearing to consider and act upon a request to rezone 10.6± acres, located on the northwest
corner of Custer Road and Prosper Trail, from Agricultural (A) to Planned Development -Office (PD -
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O). (Z12-0007) (CC). Planning and Zoning Director Chris Copple briefed Council regarding this
item. The property consists of two existing church buildings, which were both constructed prior to
the property being annexed in 2009. The proposed zoning will allow the property to conform with
existing uses. The Planning & Zoning Commission recommended approval of the rezone request
with stipulations. The applicant has revised the Exhibit to reflect the recommendations.
Deputy Mayor Pro Tem Dugger made a motion to open the Public Hearing. Motion seconded by
Council Member Dixon. Motion approved by vote of 4-0.
Applicant representative Michael Beaty was present to answer any questions. Mr. Beaty explained
that the rezone request will bring the property in compliance with the current zoning on the property.
Council Member Vogelsang made a motion to close the public hearing. Motion seconded by Deputy
Mayor Pro Tem Dugger. Motion approved by vote of 4-0.
After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve the rezoning of 10.6±
acres, located on the northwest corner of Custer Road and Prosper Trail, from Agricultural (A) to
Planned Development -Office (PD -O) as recommended by the Planning & Zoning Commission with
the additional requirement that the Day Care Center, Child use retain its conditional requirement
("C") and the Day Care Center, Incidental use retain its requirement for a Specific Use Permit ("S").
Motion seconded by Council Member Dixon. Motion approved by 4-0.
Mayor Smith re-entered the meeting.
Mayor skipped to Agenda Item 14.
14. Consider and act upon the 2012 Town of Prosper Comprehensive Plan Update. (CA12-0001) (CC)
Planning Director Chris Copple was present to answer any questions.
Council noted that the plan can be updated as necessary and will be reviewed annually.
Council Member Dixon made a motion to approve the 2012 Town of Prosper Comprehensive Plan
Update, as presented. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by
vote of 5-0.
DEPARTMENT ITEMS
8. Consider and act upon acceptance of a Local Option Petition for the sale of all alcoholic beverages
off -premise consumption only. (AP) Town Secretary Amy Piukana briefed Council regarding
acceptance of a local option petition for the purpose of allowing the legal sale of all alcoholic
beverages for off -premise consumption only. Ms. Piukana noted that Texas Petition Strategies
submitted an application with the required number of signatures (767) which is at least 35% of the
registered voters who voted in the most recent gubernatorial election.
After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve acceptance of a local
option petition for the purpose of allowing the legal sale of all alcoholic beverages for off -premise
consumption only. Motion seconded by Mayor Smith. Motion approved by vote of 3-2, Council
Members Dixon and Vogelsang voting in opposition.
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9. Consider and act upon Resolution No. 12-57, a resolution of the Town Council of the Town of
Prosper, Collin and Denton Counties, Texas, ordering the Special Election for a Local Option to be
held and administered by Denton County Elections Administration and Collin County Administration
on November 6, 2012. (AP) Town Secretary Amy Piukana briefed Council regarding this item. Ms.
Piukana noted that Election Code 501.032 requires the Town to order an election upon receiving a
petition signed by at least 35% of the registered voters who voted in the most recent gubernatorial
election. Ms. Piukana noted 767 signatures were verified as registered voters in the Town.
After discussion, Council Member Dixon made a motion to approve Resolution No. 12-57, a
resolution of the Town Council of the Town of Prosper, Collin and Denton Counties, Texas, ordering
a Local Option Election to be held and administered by Denton County Elections Administration and
Collin County Administration on November 6, 2012. Motion seconded by Deputy Mayor Pro Tem
Dugger. Motion approved by vote of 5-0.
Next Item discussed was Agenda Item 15.
15. Presentation and update regarding Capital Improvement Projects. (MB) Project Manager Michael
Bulla gave Council a brief update regarding current road and infrastructure projects.
Next Item discussed was Agenda Item No. 10.
10. Submission and discussion of the FY 2012-2013 Budget Message by the Interim Town Manager.
(LD) Interim Town Manager Lyle Dresher presented a PowerPoint presentation of the Town's
Budget message.
11. Consider and act upon a schedule for public hearings on the FY 2012-2013 Budget. (MG) Finance
Director Matthew Garrett briefed Council regarding dates for a public hearing.
After discussion, Mayor Pro Tem Miller made a motion to set September 4, 2012 at a location to be
determined and a second public hearing to be scheduled for September 11, 2012 at Prosper Municipal
Chambers. Motion approved by vote of 5-0.
12. Consider and act upon a proposed 2012 property tax rate. (MG) Finance Director Matthew Garrett
briefed Council regarding proposed 2012 tax rates.
After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve setting a tax rate at
$0.52 cents. Motion seconded by Council Member Vogelsang. A record vote was taken by Mayor
Smith, Mayor Pro Tem Miller, Council Member Dixon, Council Member Wilson, and Council
Member Vogelsang, all voting in favor. Motion approved by vote of 5-0.
13. Consider and act upon a schedule for public hearings on the proposed 2012 tax rate. (MG) Finance
Director Matthew Garret was present to answer any questions.
Mayor Pro Tem Miller made a motion to set September 4, 2012 as the first public hearing date to
discuss a 2012 tax rate and September 11, 2012 as a second public hearing date at the Prosper
Municipal Chambers. Motion seconded by Deputy Mayor Pro Tem Dugger. A record vote was
taken by Mayor Smith, Mayor Pro Tem Miller, Council Member Dixon, Council Member Wilson,
and Council Member Vogelsang, all voting in favor. Motion approved by vote of 5-0.
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Deputy Mayor Pro Tem Dugger made a motion to recess into executive session at 9:41 p.m. Motion
seconded by Mayor Pro Tem Miller. Motion approved by vote of 5-0.
16. 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;
16b. Section 551.087. To deliberate regarding Economic Development Negotiations regarding
property located north of Highway 380, east of 1385, south of Frontier and west of Custer
Road.
16c. Section 551.071. Meeting with Town Attorney regarding a matter in which the duty of the
Town Attorney 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 past and
pending public information requests and other legal issues related thereto.
To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
Mayor Pro Tem Miller made a motion to reconvene into regular session at 10:09 p.m. Motion
seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0. There was no action
taken on this item.
17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council advised
staff to update Council regarding the thoroughfare plan.
18. Adjournment — Deputy Mayor Pro Tem Dugger made a motion to adjourn at 10:10 p.m. Motion
seconded by Mayor Pro Tem Miller. Motion approved by vote of 5-0.
Meeting adjourned at 10:10 p.m.
ATTEST:
Amy M. Piukana, 1 AML
Town Secreta�r,,,111�Ir,'e
PRO
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APP"VEU,- - f
Ray Smith, (Mayor
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