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09.11.2012 Town Council Minutesf] I I G' 1. 2. Call to Order / Roll Call. Minutes Regular Meeting of the Prosper Town Council Prosper ISD Administration Board Room 605 E V" Street, Prosper, TX Tucsda} September 11, 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 Dannv 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; and Frank Jaromin. Public Works Director. Pastor Doug Kriz with Grace Christian 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 Early voting is tonight September 1 I`" at Municipal Chambers until 7 p.m. o Election Day is September 15. 2012 o Cory Ausenbaugh Memorial 5k and Fun Run at Frontier Park - October 13, 2012 o Council Member Dixon expressed appreciation to the Fire Department for the 911 Ceremony they lield. o Council Member Wilson thanked staff and Interim Town Manager Dresher for all their assistance with the Community Picnic at Frontier- Park. Council Member Wilson urged the Town to continue the community picnic event vearly. as it ultimately brings the community and its leaders together. CONSENTAGENDA (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.) 4. MINUTES, RESOLUTIONS ANll OTHER ITEMS 4a. Consider and act upon minutcs born the following Council meetings) (AP) August 28, 2012 - Regular Town Council Meeting September 4. 2012 -- Special Called Council Meeting 4b. Consider and act upon Resolution No. 12-61, entering into contract with Denton County Elections Administration for a November 6, 2012 Special Local Option Election for the sale of All Alcoholic Beverages for off -premise consumption only. (Al') 4e. Consider and act upon Resolution No. 12-62, authorizing a contract with Collin County Elections Administration for a November 6, 2012 Special Local Option Election for the sale of All Alcoholic Beverages for off -premise consumption only. (AP) 4d. Consider and act upon 1) an Interlocal Agreement between Collin County and the Town of Prosper for the Creek Crossing Community Park Land Acquisition and 2) Resolution No. 12-63, authorizing the Town Manager to execute the same. (WH) 4e. Consider and act upon Resolution No. 12-65, ratifying the Interim Town Manager's Execution of the letter terminating the water impact fee agreement with Pioneer Concrete of Texas. Inc. and Town of Prosper. (FJ) 4L Consider and act upon 1) a Change Order 001 with Quality Excavation, LTD and the Town of Prosper regarding the Prosper Road Improvement Project 2012, Prosper Trail (Coit Road to Custer Road) and 2) Resolution No. 12-66, authorizing the Interim Town Manager to execute the same. (FJ) Mayor Pro Tem Miller asked for clarification regarding Consent Item (4b) and Consent Item (4c) the word "all alcohol sales off premise" and asked if that included the sale of liquor and if a liquor store would be an allowed use if voters approved. Town Secretary Amy Piukana explained that the wording states "all alcohol sales" and explained that this would include liquor sales and possibly a liquor store if voters approve it. After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve Items 4a. through 4f, as presented. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. 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 mecting.) Other Comments by the Public -- President Bill Hays with the Prosper Historical Society briefed Council regarding a visionary plan the historical society is working on in order to preserve the heritage and history of Prosper. He passed out the vision plan to all Council Members and asked that a partnership be created between Town Council and the Prosper Historical Society. REGULAR AGENDA Page 2 of 7 (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 1111"ARING: Mayor Smith skipped to Item No. 7. 7. A public hearing to consider and discuss the Fiscal Year 2012-2013 Budget as proposed. Interim Town Manager Lyle Dresher briefed Council, stating this is the second public hearing regarding the budget and noted the budget approval is scheduled for the September 25, 2012 Town Council Meeting. Mr. Dresher presented a PowerPoint of the General Fund summary, General Fund Revenue Sources, General bund Fnhancements, General Fund Appropriations. Water/Sewer Fund Revenue, Water/Sewer bund appropriations. Position Summary Chart, Average Home Owner Taxable Values with effective Tax Rate verses a Rollback Rate noting an increase would be approximately $29 a year at the proposed rate of $0.52 Cents. Finance Director Matthew Garrett briefed Council regarding the compensation studies. Deputy Mayor Pro Tem Dugger asked if employees are compensated based on performance. Mr. Garrett replied that the compensation amount is based upon a compensation rate comparison study done back in 2009 that brings the salaries up to the market rate. Council Member Wilson asked that more discussion is needed next year regarding compensation and noted that increases should be based on performance, not just time in position. Council Member Vogelsang had questions regarding number of Police Officers and the job reclassifications in the Fire Department asking if the Town has a command structure. T\,Ir. Dresher explained that the Town has budget restraints and therefore is requesting 2 additional Police Officers. Mr. Dresher noted that he would contact the Fire Chief to obtain a command structure and supply Council with the information. Council Member Vogelsang asked if the Town is considering life cycle, maintenance and care of equipment and trucks. Interim Town Manager Dresher explained that equipment replacement is based on value verses replacement of parts and the total cost. Council Member Vogelsang made a motion to open the Public Hearing. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0. The following citizens were present in support and/or opposition to the case: Resident Ken Weaver had questions regarding the General Fund balance and Water Sewer fund balances. Finance Director Matthew Garrett explained they are separate amounts. Resident Fred Luman had questions regarding employee salaries and pay increases. Mr. Luman stated that he attends the Commissioners Court and they have reduced staff and their budget. Council Member Wilson responded that the Council and Citizens of Prosper have very high expectations out of staff and in order to have this type of service and maintain skilled staff it is necessary to pay them adequately. Council Member Wilson added that pay for performance is his goal. Mr. Luman asked about the agreement sinned with the Prosper Independent School District and why PISD created a separate Police Department. Council Member Dixon su"`,:ested Mr. Lnlnan attend a Prosper Independent School Board Meeting to obtain detailed information. Mayor Pro Tem Miller noted that the Town of Prosper is 25 square miles and the Prosper Independent School District is 62 square miles, extending outside the city limits. Mayor Pro Tem noted that the Prosper Police Department can't cover outside of Prosper like the PISD Officer would cover. Resident Kelly Cooper spoke regarding social equity and free marketing wages stating they are not necessarily compatible. 1\1s. Cooper asked why the Town is matching other Towns and if we are currently paying for performance. Council Member Wilson responded that the intent of employee raises is pay for performance. Mayor Smith explained that taxes have not been raised in over 5 years. Finance Director Matthew Garrett explained that the raises are bringing staff salaries to the midrange from salary study comparison done in 2009. Council Member Dixon explained that the Town of Prosper will ultimately benefit by paying for high quality educated employees. Resident Ernie Sanders spoke regarding employee compensation asking if the Town is long range planning for growth in order to offset costs. Mayor Smith replied that the goal is for high performing employees providing a high level of service of excellence to the citizens of Prosper. Deputy Mayor Pro Tern Dugger added that long range planning of staff and services are done every year through the Strategic Planning Session Meetings. Deputy Mayor Pro Tern Duggcr made a motion to close the Public Hearing. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. 8. A public hearing to consider and discuss a proposal to increase total tax revenues from properties on the tax roll in the preceding year by 1.75 percent. Interim Town Manager Lyle Dresher briefed Council regarding this item. Council Member Dixon made a motion to open the Public Hearing. Motion seconded by Council Member Vogelsang. Motion approved by vote of 6-0. No one wished to speak on this item. Mayor Pro Tem Miller made a motion to close the public hearing. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0. Next Item discussed was Agenda Item No. 6. Council Member Wilson recused himself from the meeting due to a potential conflict of interest. 6. A public hearing to consider and act upon a request to rezone =1.3± acres, located on the southeast corner of Hays Road and I-Iighpoint Drive, from Agricultural (A) to Planned Development -Office (PD -O). (Z12-0005) Planning Director Chris Copple briefed Council regarding this item. The applicant is requesting the following uses be permitted on the properties, which are not permitted uses in strai-ht Office zoning: Artisan's Workshop, Gymnastics/Dance Studio, and Open Storage. Mr. Copple noted that the Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Notification was provided to neighboring property owners as required by state Pae.c -1 or7 law. Town staff has received two public hearing notice reply forms, with none in opposition to the request. Mr. Copple noted that the Planning & Zoning Commission recommended the Town Council approve the request to rezone 4.3± acres, located on the southeast corner of Hays Road and Highpoint Drive, from Agricultural (A) to Planned Development -Office (PD -0), by a vote of 5-0. Council Member Dion had questions regarding screening and asked that larger plantings be added to provide more screcnin��. Deputy Mayor Pro Tem Dogger made a motion to open the Public Hearing. Motion seconded Mayor Pro Tem Miller. Motion approved by vote of 5-0. Rob Baldwin representing the property owner stated he has complied with all Planning and Zoning recommendations and feels he has met all landscape requirements. Mr. Baldwin urged Council to agree with P&Z"s recommendation and approve the rezoning. Mayor Pro Tem iyliller made a motion to close the Public Hearing. Motion seconded by Deputy Mayor Pro Tem Dogger. Motion approved by vote of 5-0. Mayor Pro Tem Miller made a motion to approve a request to rezone 4.3± acres, located on the southeast corner of I lays Road and l lighpoint Drive, from Agricultural (A) to Planned Development - Office (PD -0), as presented. Motion seconded by Council Member Vogelsang. Motion approved by vote of 4-1, Council Member Dixon voting in opposition. DEPARTMENT ITEMS: 9. Consider and act upon adopting Ordinance No. 12-25, amending Special Events and Temporary Outdoor Seasonal Sales permit requirements. Interim Town Manager Lyle Dresher briefed Council regardingthis item. Mr. Dresher explained the proposed fees are to update the hourly rate of pay for off duty police officers working special events. Deputy N,Iavor Pro Tern Dogger asked who uses the Town's oft duty police officers. Assistant Police Chief Mcl-Ione was not in attendance due to an emergency Police call, therefore; Council Member Dixon made a motion to table the item until the Assistance Police Chief returns to the meeting. Motion seconded by Deputy Mayor Pro Tem Dogger. Motion approved by vote of 6-0. 10. Appointment of Board & Commission Members to the Library Board, Economic Development Corporation. Planning & Zoning Commission, Board of Adjustment/Construction Board of Appeals and Parks & Recreation Board. Mayor Pro Tem Miller thanked all applicants that applied for the Board & Commission openings stating he was very impressed with the applicants. Deputy Mayor Pro 'Fern Dogger made a motion to approve appointment of the following Board & Commission Members: Library Board — Jerald Killion, Sherilyn Bird, Roger Flood Economic Develonment Corporation — David Bristol, Gary Jackson, Reno Jones and Jordan Simms Planninv- & Z,onii Board — Mark DeMattia, Bill Senkel, and Rick Turner Board of Adiustments/Construction Board of' /\ppeals — Ane Casady, Craig Moody, and Bob Wierschem Parks and Recreation Board — Barbara Newell, Chris Sanchez, and Tena Worthy Motion seconded by Council Member Vogelsang. Motion approved by vote of 6-0 11. Discuss and provide direction concerning park land dedication and park improvement fee requirements for the Brookhollow and k1cadowbrook developments. Development Director Hulon Webb briefed Council regarding this item. Bobby Hill. representing the property owner also briefed Pa;e � of 7 Council in this item. 1\lr. Hill explained that Landplan, the developer of Brookhollow and Meadowbrook, is requesting the Town Council provide direction on the park land dedication and park improvement fee requirements for portions of property located within the Brookhollow and Meadowbrook developments. The properties being considered, Brookholloxv (north of First Street, west of Whitley Place) and Meadowbrook (south of First Street, east of Coit Road), are located Planned Development Zoning Districts (PD -39 and PD -25, respectively) and have different requirements for park land dedication and/or open space. Mr. Webb explained at Brookhollow location. LandPlan is proposing to dedicate a total of approximately 17.1 acres of public park land. 8.4 acres of public park land is for the completion of Town Lake including the dam and spillways and the remaining 8.7 acres of public park land is located adjacent to Town Lake north of the proposed hike and bike trail. Mr. Webb explained that regarding Park Improvement Fees, LandPlan is proposing to use the $1,000/lot pari: improvement fees for hilae & bike trails and pedestrian bridges within the development. Mr. Webb explained that at the Meadowbrook location, LandPlan is proposing to dedicate a total of approximately 55.3 acres of public park land. 40.2 acres of Public Park is for the area north of the overhead electric easement, 13.1 acres for the area within the overhead electric easement and 2 acres for the northern pond located on the 40.2 acres. In addition, LandPlan is dedicating 8.5 acres of private open space adjacent to the overhead electric easement that includes another pond and amenity center. Mr. Webb noted that Landplan is proposing to use the $1,500/lot park improvement fees for hike & bike trails and pedestrian bridges within the development. After a discussion regarding park land credits and part: improvement fees, Council advised staff to work with the Dc�'eloper to begin preparing a parks development agreement to address the park land credits, expenditures of the park innprovcment fees and maintenance requirements for the areas discussed. Mayor Smith skipped to Item No. 9. Deputy Mayor Pro Tern Dugger made a motion to untable Item No. 9 since Assistant Police Chief McHone re-entered the meeting and was able to answer questions. Motion seconded by Mayor Prot Tem Miller. Motion approved by vote of 6-0. 9. Consider and act upon adopting Ordinance No. 12-25, amending Special Events and Temporary Outdoor Seasonal Sales permit requirements. Interim Town Manager Lyle Dresher briefed Councll regarding this item. :assistant Police Chief McHone explained that Police Officers are often approached to work outside events such as the Arts & Music Festival, Fall Festival and local concerts. The Ordinance is authorizing $35.00/hou1- with a four hour minimum. During inclement weather (rain, storm, snmv. extreme cold or heat) the fee is $40.00/hour. Any event that occurs on a recognized holiday is $45.00/hour with a four hour minimum and $50.00/hour if the event occurs during inclement weather. (This adds $5 per hour to the current rates.) After a brief discussion. Mayor Pro fern Miller made a motion to approve the amendment to Ordinance 906-122 by adopting Ordinance No. 12-25, updating the hourly rate for off duty officers working special events. Motion seconded by Council Member Vogelsang. Motion approved by vote of 6-0. 12. EXECUTIVE SESSION Deputy Mayor Pro Tenn Dug"er made a motion to recess into Executive Session. Motion seconded by Mayor Pro Tem I\liller. 1\-Iotion approved by vote of 6-0. Recess into Closed Session in compliance with Section 55 1.00 1 et. seq. Texas Government Code, as authorized by the Texas Open Meetings Act to deliberate regarding-, 12a. Section (GC 551.072) To deliberate regarding the acquisition of approximately 70 acres of land generally located at First Street and Coit Road. 13. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Deputy Mayor Pro Tem Dogger made a motion to reconvene into Regular Session. Motion seconded by Mayor Pro hem Miller. i\lotion approved by vote of 6-0. Deputy Mayor Pro (hem Dogger made a motion to approve entering into a real estate purchase agreement Nath Sexton Farms, Ltd., for the acquisition of approximately 70 acres, and to take any and all actions necessary to effectuate the same. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. 14. Possibly direct Town Staffto schedule topic(s) for discussion at a future meeting. Council N/leinber Dixon advised Staff to provide an update regarding traffic accidents on Prosper "Frail at Custer Road and discuss any safety issues. Deputy Mayor Pro Tem Dugger advised staff to consider enforcing/creating rules at Frontier Park regarding animals running loose inside the windmill playground area. 15. Adjournment --- Nlayor Pro Tem Miller made a motion to adjourn. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. The meeting adjourned at 9:32 p.m. APPRVCD:. Ray Smith. I Iayor ATTEST: Amy M. 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