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08.28.2012 Town Council Minutes1 1 1 1 2. i t OWN OF RbSPER Call to Order / Roll Call. Minutes Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, August 28, 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, Council Member Danny Wilson and Council Member Curry Vogelsang. Absent: None Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary; Matthew Garrett, Finance Director; Hulon Webb, Development Director; Chris Copple, Planning Director; Kirk McFarlin, Police Chief. Pastor John Fowler led the Invocation. The Pledge of Allegiance, and Pledge to the Texas Flag were given. 3. Announcements of dates and times of upcoming community events. Deputy Mayor Pro Tem Dugger announced the following: o Community picnic at Frontier Park - September 9, 2012 o Early voting is August 29th -August 31 st and September 4th -7 th from 8 a.m. — 5 p.m. o Extended Voting Hours are September 10th - 1 I 1 from 7 a.m. - 7 p.m. o Cory Ausenbaugh Memorial 5k and Fun Run at Frontier Park — October 13, 2012 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.) Council Member Dixon pulled agenda items 4c, 4d, and Deputy Mayor Pro Tem Dugger pulled Agenda Item 4e off the consent agenda to allow discussion. 4. MINUTES, RESOLUTIONS AND OTHER ITEMS 4a. Consider and act upon minutes from the following Council meeting(s) (AP) August 14, 2012 — Regular Town Council Meeting 4b. Consider and act upon Resolution No. 12-59, amending Resolution No. 12-54 ordering a Special Election to fill the vacancy in Town Council Place I for remainder of the current term to revise the early voting extended hour days; and providing for an effective date. (AP) Page 1 of 4 4f. Consider and act upon July 31, 2012 monthly Financials Statements. (MG) Deputy Mayor Pro Tem Dugger made a motion to approve Consent Items 4a, 4b and 4f, as presented. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 6-0. 4c. Consider and act upon Ordinance No. 12-23 amending Ordinance 409-099 establishing a new school zone for Cockrell Elementary. Chief McFarlin was present to answer any questions. Curry asked if the 200 ft. distance was appropriate for traffic at Cockrell Elementary. Chief McFarlin explained that it currently works very well. Deputy Mayor Pro Tem Dugger asked if the school or Town is responsible for the flashing lights at the school zones. Chief McFarlin stated the flashing school zone signs are the Town's responsibility. 4d. Consider and act upon Memorandum of Understanding (MOU) by and between the Town of Prosper, Texas Police Department and the Prosper Independent School District Police Department. Chief McFarlin was present to answer any questions. Council Member Vogelsang asked about Item 4 in the staff memo regarding the sharing of information required by State and Federal Law, regarding the need to know basis. He asked if PISD has a violation on campus, are they required to notify Prosper Police. Chief explained that they are not required to notify us, however we are sharing dispatch services, therefore; a good partnership and communication will be accomplished with this agreement. Chief noted that Prosper Police will contact and coordinate with the Prosper ISD Police Department should any juvenile arrest or investigation occurs at the schools. Deputy Mayor Pro Tem Dugger made a motion to approve Item 4d, the Memorandum of Understanding between the Prosper Police Department and Prosper ISD Police Department with the correction of numbering. Motion seconded by Council Member Dixon. Motion approved by vote of 6-0. Mayor Smith recused himself from the meeting due to a possible conflict of interest. 4e. Consider and act upon Ordinance No. 12-24, rezoning 10.6± acres, located on the northwest corner of Custer Road and Prosper Trail, from Agricultural (A) to Planned Development - Office (PD -O). (Z12-0007) Planning Director Chris Copple was present to answer any questions. Mayor Pro Tem Miller made a motion to approve Item 4e, as presented. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0. Mayor Smith returned to the meeting. 5. 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 — Ken Weaver spoke regarding Agenda Item 8b and asked if the Town is purchasing 1,000 acres, and if a public hearing would occur prior to the decision to purchase. Page 2 of 4 Mayor Smith explained that Item 8b is an Executive Session item and that if any action is taken as a result of Executive Session, it will be announced in open meeting. 6. DEPARTMENT ITEM Discussion and update regarding the First Street Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380) projects. Development Director Hulon Webb briefed Council regarding the Road Improvements. Council Member Dixon asked about the sidewalk at Rogers School and noted he had received complaints regarding a hole in the walkway. Mr. Webb explained that the Town will clean up and resolve the issues. Council Member Vogelsang asked if the Town inspects the utility right of ways. Mr. Webb explained that the Town does not currently have an inspector; however, Public Works has budgeted for this position to cover these issues. Council Member Vogelsang had questions regarding underground and overhead utility lines. Mr. Webb explained underground utilities are mainly located underground. Mr. Webb explained that utilities are deregulated which gives utility companies the flexibility to use overhead lines in right of ways. Mr. Webb noted that Coit Road and First Street should be completed by summer 2413. Deputy Mayor Pro Tem Dugger thanked the Public Works staff for their efforts with the Prosper Trail Road Project. Council Member Vogelsang asked to review the Towns franchise agreements with the utility companies. Mr. Webb explained these types of agreements are regulated through the Public Utility Commission. Mr. Webb explained that communication companies are not required to do a franchise agreement and that the right of way management agreement has worked best. No action was taken on this item. 7. Consider and act upon opting in or opting out of the Denton County program to spray for the West Nile Virus. Interim Town Manager Lyle Dresher briefed Council regarding this item. Mr. Dresher explained that Denton County is offering an aerial spraying program for the Denton County portion of Prosper only. Mr. Dresher noted that this is a Federally Mandated program and the Town will not incur cost. The following citizens filled out a citizen speaker request form: Resident Anne Lieber asked Council what pesticide is being proposed. Resident Kelly Cooper asked about the difference between aerial and ground spraying, stating she has concerns with killing good insects and noted that Prosper has a heavy agriculture area and urged Council to take that into consideration. Ms. Cooper urged staff to educate and inform citizens about exercising caution and prevention. Resident John Meirs cautioned Council about an article he read regarding mosquito spray damaging automobile paint. Resident Ernie Sanders urged Council to visit a website citvbuizs c ,i)amu.ed/2012/08/14, which lists all the potential threats and risks of environmental impacts on citizens. Mr. Dresher explained that the aerial spray being used is Deet Spray and that more information can be obtained through the Denton County Health Department website at www.dentoncountv.com/lhearthvnv. Deputy Mayor Pro Tem Dugger read the frequently asked questions out loud to the audience from the Denton County Health Department's website. After discussion, Council Member Dixon made a motion to enter into the Denton County program to spray for the West Nile Virus. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0. Page 3 of 4 8. EXECUTIVE SESSION Mayor Pro Tem Miller made a motion to recess into Executive Session at 7:03 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. 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; 8a. Section (GC 551.074) To deliberate the appointment, employment and/or duties of the Town Manager. 8b. Section (GC 551.072) To deliberate regarding the purchase of approximately 1,000 acres of land generally located south of Prosper Trail, east of the BNSF railroad, west of Custer and north of Highway 380. Council Member Dixon left the meeting at 7:35 p.m. Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session at 8:00 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 5-0. 9. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. No action was taken as a result of Executive Session. 10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No action was taken on this item. 11. Adjourn — Deputy Mayor Pro Tem Dugger made a motion to adjourn. Motion seconded by Council Member Wilson. Motion approved by vote of 5-0. Meeting adjourned at 8:01 p.m. ATTEST: Amy M. Piu a, d RRMC Town Secretary `������������/'®o ®`% Q F P&CD '®® a .00 s y � 8 a �• i APP"`VED;,' Ray Smith, �layor Page 4 of 4