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11.13.2012 Town Council MinutesMinutes Regular Meeting of the Prosper Town Council .JTOWN OF Prosper Municipal Chambers 108 W. Broadway Prosper, TX 75078 �\1ER Tuesday, November 13, 2012 Council Meeting 6:00 p.m. 1. Call to Order/ Roll Call. Council Members present: Mayor Ray Smith, Mayor Pro Tern Meigs Miller, Deputy Mayor Pro Tern Kenneth Dugger, Council Member Jason Dixon, Council Member Danny Wilson, Council Member Curry Vogelsang and Council Member Mike Korbuly. Absent: None Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary; Matthew Garrett, Finance Director; Hulon Webb, Development Director; and Chris Copple, Planning Director. 2. Pastor Bo Thompson with Rheas Mill Baptist Church led the Invocation. The Pledge of Allegiance, and Pledge to the Texas Flag were given. 3. Presentation and update from Oncor Electric, Inc., on the Willow Ridge power outage issue. Oncor Area Manager Gerald Perrin gave an update regarding the Willow Ridge power outages. Mr. Perrin noted that many of the power outages were due to weather related issues. Mr. Perrin explained that a second reset sensor is being installed hopefully by January 2013 should automatically reset the power should any future power outages occur from bad weather. Mr. Perrin encouraged residents to continue to call in should any future power outages occur. The following announcements were made: • Active older adult fitness stations are now open at Frontier Park • Mayor's Senior Citizen luncheon starts November 14th at I I a.m. • Prosper Christmas Festival is scheduled for December 9th • PYSA Little League signups start in December • Softball Association registration is December 15 1h thru January 26th • Youth Volleyball signups are December 17th thru February • Prosper High School Football game is November 15 1h in Forney, Texas 4. CONSENT AGENDA Council Member Dixon pulled Agenda Item 4e off consent to allow for discussion. (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.) 4a. Consider and act upon minutes from the following Council meeting(s) (AP) Page 2 of 6 • October 23, 2012 — Regular Town Council Meeting 0 October 30, 2012- Special Called Town Council Meeting • October 30, 2012 — Town Council Work Session Meeting 4b. Consider and act upon Resolution No. 12-70, canceling the December 25, 2012 Town Council Meeting. (AP) 4c. Consider and act upon the Quarterly Investment Portfolio for the period ending September 30, 2012. (MG) 4d. Consider and act upon the September 30, 2012 monthly financial statements. (MG) Deputy Mayor Pro Tern Dugger made a motion to approve Consent Items 4a.— 4d., as presented. Motion seconded by Mayor Pro Tern Miller. Motion approved by vote of 7-0. Item 4e. was pulled off Consent to allow for discussion. 4e. 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. Council Member Dixon urged staff to encourage Developers to build a high quality product. Planning Director Chris Copple agreed. Council Member Dixon made a motion to approve Item 4e., as presented. Motion seconded by Deputy Mayor Pro Tern Dugger. Motion approved by vote of 7-0. 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 meeting.) Other Comments by the Public — Resident Kelly Cooper spoke on the record stating she had an unfortunate and damaging event that she felt compelled to enter into public record pertaining to public figures and local government. She noted that copies of her comments were available for anyone requesting one. Ms. Cooper noted that on October 19, 2012, the day before the runoff election for Council Place 1, an email was sent to approximately 3,000 prosper email addresses with no less than 8 false statements about Kelly Cooper and her civic engagement with the Council and her prior service with the Town. Ms. Cooper stated that these statements were in writing and fit the text book definition of "libel". She stated the email was a "character assassination" and was sent by then Town Council candidate, Michael Korbuly. Ms. Cooper stated the email invoked the "Prosper Town Record" repeatedly, in an attack meant to damage and smear her reputation. She stated that her intent was to correct the lies that many recipients clearly believed upon reading the email. Ms. Cooper read for the record, and in an effort to clear her name, the following eight (8) false statements she states were emailed about her. (1)False Statement — My opponent went on record with citizen's comments opposing the building of Prosper's Community Build Windmill Playground which was financed and built by Prosper Page 2 of 6 residents' donations of monies and labor. (2) False Statement — My opponent has also openly opposed and attacked the Town's Parks and Recreation budget. (3) False Statement — These statements and demands made by my opponent to the Town Council at public meetings directly conflict with providing our residents a safe and quality leisure and youth recreational opportunity and counter the Town's efforts to do so. (4) False Statement — A vote for my opponent is a vote against the parks, playgrounds, sports fields, and walking paths we currently enjoy as privileged residents of the Town of Prosper. (5) False Statement — My opponent negligently failed to make mention of her open statements to Town council against the aerial spraying for the West Nile Virus when it was at no cost to the Town. (6) False Statement- the Council unanimously voted to do the opposite of her demands and took action by allowing Denton County to spray. (7) False Statement - My opponent is neither engaged in nor connected with the true needs of our community. (8) False Statement - My opponent is actively engaged in regularly addressing the Town Council to oppose community amenities such as parks, community services such as free West Nile spraying, and instead actively seeks to cripple the Town's ability to provide the existing community amenities through budget and staff reductions while also contrarily telling voters that she supports the growth of our Town. Ms. Cooper thanked the Council and Citizens for their time and asked Council Member Korbuly to provide, for the record, where he got his information to make such claims about her, noting it was clearly not from the Prosper Town Record. Resident Ginger Jose did not wish to speak, however, filled out a speaker request form noting power outages are happening at Willow Ridge and at Bradford Farms. REGULAR AGENDA if you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Farm" 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: 6. Consider and act upon 1) a Folsom Field User Agreement between the Town of Prosper and Tony Fonseca, related to the use of Folsom Park for soccer practices and 2) Resolution 12-77 authorizing the Town Manager to execute the same. (Tabled from previous meeting) Development Director Hulon Webb briefed Council regarding this item. Mr. Webb explained that Tony Fonseca is a coach with a soccer team that is not part of the Prosper Area Soccer Organization (PASO) but has kids from the Town of Prosper that play on the team. As such he is requesting to practice at Folsom Park. Mr. Webb noted that Town staff has worked with PASO to make sure there is availability at the requested times. Mr. Webb also noted that all users are required to enter into a Folsom Field User Agreement so that the allowed use of the facility is agreed to. Mr. Webb read aloud the questions and answers related from the October 12, 2012 Town Council Meeting: • Why is the Town doing a Folsom Field User Agreement with Tony Fonseca? o Answer: It is a standard agreement that the Lakes of La Cima HOA requires for all users of the practice fields at Folsom Park. • Why is the Town allowing a non recreational/club soccer team with only 3 kids from Prosper on field? o Answer: The practice fields have time slots not being utilized by the recognized sports organizations that are available to be reserved by other teams. Since this team has players Page 3 ot'6 that either live in Prosper or attend the PISD, staff coordinated with PASO (Prosper Area Soccer Organization) to find a suitable time and space. • Where is their insurance for utilizing the Town fields? o Answer: North Texas State Soccer Association provides liability insurance for the team but the Town has its own insurance on the facility. A copy of the Certificate of Liability Insurance for Tony Fonseca is attached. The following citizens filled out a speaker request form on this item: Resident Brad Christy spoke regarding insurance and liability, wear and tear on the fields, field use by non residents of Prosper, limited field space, coaching, and comments spoken at the prior Council Meeting from Council Member Korbuly quoting, "only issue is allowing a club soccer team to come into Prosper soccer and pilfer our kids when there are only three (3) kids from Prosper on that team." Mr. Christy stated that Mr. Korbuly's statement that three (3) girls on the team are Prosper residents is a false statement as the team has five (5) players that reside in Prosper. Mr. Christy presented a photo of soccer goal not properly secured and a pothole located at Folsom Park stating safety should be a primary concern. fie noted that Council Member Korbuly's statement of "being caught" and "we found them out there" were insulting and puts out the perception that the parents and team are criminals. Mr. Christy asked that the Town be fair and take back true ownership from allocation, to field security, to field maintenance, to keeping all sports, and town members having a chance to schedule and not let one organization basically have a monopoly on the fields. Mr. Christy reminded Council that these Fields are taxpayer funded and he disagreed with one organization dictating the times and uses. Resident Kevin Foley spoke stating more girls are expected to join the team with Prosper's rapidly increasing population. Mr. Foley urged Council to provide fair treatment in regards to field use for all kids. Resident Eric Cecil spoke stating the field use in his opinion is discriminating against select teams. Mr. Cecil stated the Town needs to provide for the older age groups and allow competitive teams to share soccer fields. Resident David Serano spoke urging Council to allow competitive teams use of available soccer fields. Council Member Dixon explained that Prosper is limited on its resources and noted that the Recreation Teams have field priority. Council Member Dixon made a motion to approve a Folsom Field User Agreement between the Town of Prosper and Tony Fonseca, related to the use of Folsom Park for soccer practices and Resolution 12-77 which shall take effect immediately upon its passage with the effective date of the agreement contemplated herein being October 23, 2012, as presented. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. 7. Consider and act upon Ordinance 12-39 amending Ordinance 12-28 and approving additional appropriations in the amount of $145,000 in the Streets General Fund Budget for the Fiscal Year 2012-2013 Budget for improvements to the Preston Road Widening project. Development Director I-Iulon Webb briefed Council regarding this item. Mr. Webb noted that this item is to consider unforeseen enhancement options for Preston Road improvements and amend the FY 2012-2013 Budget, providing for the supplemental appropriation of certain funds. Details are the following: Page 4 of'6 (1) Expenditure not to exceed $40,000 from the General Fund for the powder coating of the traffic signal poles on SH 289 (Preston Road). To aid in the establishment of a unique identity among the surrounding communities, a request was submitted to TxDOT to allow the Town of Prosper to select a color for the signal poles being installed within the SH289 project. In lieu of the standard galvanized (silver) poles, this expenditure will accommodate the costs associated with powder coating all of the traffic poles the "Prosper Brown". (2) Expenditure not to exceed $100,000 from the General Fund for the purchase and Installation of illuminated street name signs on the traffic signal poles on SH 289 (Preston Road). To reinforce the unique identity associated with the Town of Prosper, a request was submitted to TxDOT to allow the Town to install Illuminated Street Signs at the signalized intersections within the S14289 project. In lieu of the standard green metal signage, this expenditure accommodates the purchase and installation of sixteen LED lighted decorative street name signs. (3) Expenditure not to exceed $5,000 from the General Fund for the relocation and activation of Opticom sensors and controls on the temporary and permanent signal poles on SH 289 (Preston Road). The project to widen SH289 (Preston) through the Town of Prosper required new signal poles be set at the First Street, Broadway, Prosper Trail, and Frontier intersections. TxDOT typically does not allow contractor's access to the Town owned Opticom (traffic control system for emergency vehicles) system mounted with these traffic signals. This expenditure provides funding for service calls from Consolidate Traffic Controls to ensure certified technicians relocate the sensors and verify the Opticom system functions properly once the new traffic poles are installed. Council Member Vogelsang made a motion to approve Ordinance 12-39, amending Ordinance 12-28 and approve additional appropriations in the amount of $145,000 in the FY 2012-2013 Streets General Fund Budget for improvements to the Preston Road widening project. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 7-0. 8. EXECUTIVE SESSION Deputy Mayor Pro Tern Dugger made a motion to recess into closed session at 7 p.m. Motion seconded by Council Wilson. Motion approved by 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 to deliberate regarding; 8a. Section 551.087. To deliberate regarding Economic Development Negotiations regarding property located south of Frontier, west of Custer Road, north of 380 and east of 1385. 8b. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on Prosper Trail west of Preston Road and east of Coleman Street. 8e. Section 551.074. To deliberate the appointment, employment, and/or duties of the interim Town Manager and/or permanent Town Manager. Deputy Mayor Pro Tern Dugger made a motion to reconvene into Regular Session at 8:53 p.m. Motion seconded by Council Member Dixon. Motion approved by vote of 7-0. Page 5 of 6 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 closed session. 10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Deputy Mayor Pro Tem Dugger asked staff to provide updates n the CIP projects to include monthly updates. 11. Adjourn. Council Member Korbuly made a motion to adjourn the meeting at 8:53 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. The meeting adjourned at 8:54 p.m. ATTE Amy M. Pin ana, TAMC Town Secretary OF s �s• 4 L • • 1 APP OVE'JD• Ray Smith Mayor Page 6 of 6