02.12.2013 Town Council Minutes1
H
A
pilOWN OF
S PER
Mayor Smith called the meeting to order at 5:45 p.m.
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway
Prosper, TX 75078
Tuesday, February 12, 2013
Council Meeting
5:45 p.m. Executive Session
6:00 p.m. Regular Meeting
Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session at 5:47 p.m. Motion seconded by
Mayor Pro Tem Miller. Motion approved by vote of 7-0.
1. 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;
la. Section 551.071. Meeting with the 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 related to the:
(i) proposed ordinance relating to, among other things, certain definitions, uses and
regulations pertaining to alcoholic beverages;
2. To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
Deputy Mayor Pro Tem Dugger made a motion to reconvene into Regular Session at 6:17 p.m.
Motion seconded by Council Member Korbuly. Motion approved by vote of 7-0.
3. Call to Order Regular Meeting/Roll Call.
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, Council Member
Curry Vogelsang and Council Member Mike Korbuly.
Absent: None
Staff Members present: Town Manager Harlan Jefferson, Town Attorney Rebecca Brewer, Town
Secretary Amy Piukana, Development Director Hulon Webb, Planning Director Chris Copple,
Finance Director Matthew Garrett, Building Official Wayne Snell, Project Manager Michael Bulla,
Parks and Recreation Coordinator Will Mitchell, and Code Enforcement Officer Trish Eller.
4. Pastor Wayne Bartley with First Baptist of Prosper led the Invocation. The Pledge of Allegiance and
Pledge to the Texas Flag were given.
5. Announcements of upcoming events. The following announcements were given:
o Utility Billing is holding a Spring Clean Up Event in the parking lot area behind Town Hall
on Saturday, March 23, 2013 from 8 a.m. to noon.
o Trout Derby is set for Saturday, March 2, 2013 from 9 a.m. to 11 a.m. at Frontier Park (Ages
14 yrs. and under)
o Introduction of new employee Will Mitchell as the Parks & Recreation Coordinator.
Page 1 of 6
o Library's upcoming celebration of Dr. Seuss' birthday which will include some characters in
his book. This event begins at 1 p.m. at the Prosper Library.
o The Fire Department will have a ceremony of the new fire engine on Sunday, February 17,
2013 at 2 p.m. (Hotdogs and burgers will be served at the ceremony.)
6. Mayor Smith presented a proclamation to resident Melissa Hansen declaring February 7-141h as
Congenital Heart Defect Awareness Week.
7. Mayor Smith and Building Official Wayne Snell recognized Jerry David with Bloomfield Homes
as Second Runner -Up, Mark Covington with Drees Homes as First Runner -Up, and Mike Reynolds
of Beazer Homes as the recipient of the Building Inspection's 2012 Builder of the Year Awards.
8. Mr. Gerald Perrin area representative with Oncor Electric, Inc., updated Council regarding the
Willow Ridge power outage issues noting Oncor has completed the advanced meter system and has
upgraded the grid to add more efficiency.
9. 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.)
9a. Consider and act upon minutes from the following Council meeting(s) (AP)
• Regular Meeting — January 22, 2013
9b. Consider and act upon 1) a Water Improvement Development Agreement between
the Town of Prosper and Racetrac Petroleum, Inc., related to the extension of
approximately 6,000 feet of 16" water main along US 380 and 2) adopting
Resolution No. 13-08 authorizing the Town Manager to execute the same.
(HW)
9c. Consider and act upon 1) an Engineering Design Services Agreement
between the Town of Prosper and Spiars Engineering, Inc., related to the
design of the Racetrac Offsite Water Line Project and 2) adopting
Resolution No. 13-09 authorizing the Town Manager to execute the same.
(HW)
9d. Consider and act upon the monthly Financial Reports. (MG)
Mayor Pro Tern Miller made a motion to approve Consent Items 9a through 9d, as presented.
Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
10. CITIZEN COMMENTS:
(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.)
Page 2 of 6
Other Comments by the Public — There were no citizens present that wished to speak.
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 HEARING:
11. A public hearing to consider and act upon Ordinance 13-01 amending Chapter 2, Section 25
(Specific Use Permits); Chapter 3, Section 1 (Use of Land and Buildings) and Section 2
(Definitions); and Chapter 4, Section 4 (Parking Requirements), of the Town's Zoning Ordinance
relating to, among other things, certain definitions, uses and regulations pertaining to alcoholic
beverages. (Z12-0009). (Continued Public Hearing from the January 22, 2013 Council Meeting.)
There were no citizens present in support and/or opposition of the case. Mayor Pro Tern Miller made
a motion to close the Public Hearing. Motion seconded by Deputy Mayor Pro Tern Dugger. Motion
approved by vote of 7-0.
Based on input from the Town Attorney, Town Staff and the Town Council regarding the
establishment of alcohol regulations, Mayor Pro Tern Miller made a motion to withdraw the
application which resulted in proposed Ordinance No. 13-01, and to direct staff to work with the
Town Attorney to initiate a new zoning case to implement the textual amendments to the
Comprehensive Zoning Ordinance regarding the establishment of alcohol regulations incorporating
the input from Town Council and call for Public Hearings before the Planning & Zoning Commission
and Town Council regarding the same. Motion seconded by Deputy Mayor Pro Tern Dugger.
Motion approved by vote of 7-0.
DEPARTMENT ITEMS:
12. Consider and act upon adopting Resolution No. 13-11, authorizing the Town Manager to execute
the Agreement for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper, Texas,
by and between the Town of Prosper, Texas and Comanche Ridge 52 Partners, Ltd., and take any and
all other actions necessary to effectuate the same, said property consisting of 9.257± acres of land,
generally located west of FM 1385 and north of Fishtrap Road. Town Manager Harlan Jefferson
briefed Council regarding this item.
Resident Jack Dixon spoke regarding this item. Mr. Dixon asked staff to define the wording
ETJ, and what benefits the town would receive by reducing the ETJ, and how Police and Fire are
funded for those areas. Mr. Dixon noted that he supports the development of single family homes
being developed.
Town Manager Harlan Jefferson explained that the ETJ stands for Extraterritorial Jurisdiction which
is areas that municipalities can annex in the future. This agreement applies to the one section shown
on the map. The Town has set agreements with annexations and boundary agreements. The Town
has development standards which do not include apartments on this parcel. Police and Fire Services
Page 3 of 6
in unincorporated areas normally use mutual aid agreements that allow other nearby Police and Fire
Services to assist in emergencies.
After discussion, Mayor Pro Tern Miller made a motion to approve an Agreement for the Reduction
of the Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and between the Town of
Prosper, Texas and Comanche Ridge 52 Partners, Ltd., and take any and all other actions necessary to
effectuate the same, said property consisting of 9.257± acres of land, generally located west of FM
1385 and north of Fishtrap Road and 2) adopt Resolution No. 13-11 authorizing the Town Manager
to execute the same. Motion seconded by Deputy Mayor Pro Tern Dugger. Motion approved by vote
of 7-0.
13. Consider and act upon adopting Resolution No. 13-12, authorizing the Town Manager to execute
the Agreement for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper, Texas,
by and between the Town of Prosper, Texas and Comanche Land Partners, Ltd., and take any and all
other actions necessary to effectuate the same, said property consisting of 100.582± acres of land,
generally located west of FM 1385 and north of Fishtrap Road. Town Manager Harlan Jefferson
briefed Council regarding this item.
Deputy Mayor Pro Tern Dugger made a motion to approve Resolution No. 13-12, authorizing the
Town Manager to execute the Agreement for the Reduction of the Extraterritorial Jurisdiction of the
Town of Prosper, Texas, by and between the Town of Prosper, Texas and Comanche Land Partners,
Ltd., and take any and all other actions necessary to effectuate the same, said property consisting of
100.582± acres of land, generally located west of FM 1385 and north of Fishtrap Road. Motion
seconded by Council by Council Member Vogelsang. Motion approved by vote of 7-0.
14. Consider and act upon adopting Resolution No. 13-13, authorizing the reduction of the Town of
Prosper's Extraterritorial Jurisdiction, by removing 9.257± acres of land, generally located west of
FM 1385 and north of Fishtrap Road, and authorizing the Mayor to execute the same. Town
Manager Harlan Jefferson briefed Council regarding this item.
Council Member Dixon made a motion to approve Resolution No. 13-13, authorizing the reduction of
the Town of Prosper's Extraterritorial Jurisdiction, by removing 9.257± acres of land, generally
located west of FM 1385 and north of Fishtrap Road, and authorizing the Mayor to execute the same.
Motion seconded by Council Member Dixon. Motion approved by vote of 7-0.
15. Consider and act upon adopting Resolution No. 13-14, authorizing the reduction of the Town of
Prosper's Extraterritorial Jurisdiction, by removing 100.582± acres of land, generally located west of
FM 1385 and north of Fishtrap Road, and authorizing the Mayor to execute the same. Town
Manager Harlan Jefferson briefed Council regarding this item.
Council Member Dixon made a motion to approve adopting Resolution No. 13-14, authorizing the
reduction of the Town of Prosper's Extraterritorial Jurisdiction, by removing 100.582± acres of land,
generally located west of FM 1385 and north of Fishtrap Road, and authorizing the Mayor to execute
the same. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
16. Consider and act upon adopting Resolution No. 13-10, authorizing the reduction of the Town of
Prosper's Extraterritorial Jurisdiction, as a result of the Agreement for the Reduction of the
Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and among the Town of Prosper,
Texas, Denton County Fresh Water Supply District No. 10, 166 Bryan Road Partners, LP and Bryan
Road Retail Partners, LP, by removing 166.48f acres of land, generally located west of FM 1385 and
Page 4 of 6
1
1
1
southeast of Bryan Road, and authorizing the Mayor to execute the same. Town Manager Harlan
Jefferson briefed Council regarding this item.
Council Member Dixon made a motion to adopt Resolution No. 13-10, authorizing the reduction of
the Town of Prosper's Extraterritorial Jurisdiction, as a result of the Agreement for the Reduction of
the Extraterritorial Jurisdiction of the Town of Prosper, Texas, by and among the Town of Prosper,
Texas, Denton County Fresh Water Supply District No. 10, 166 Bryan Road Partners, LP and Bryan
Road Retail Partners, LP, by removing 166.48± acres of land, generally located west of FM 1385 and
southeast of Bryan Road, and authorizing the Mayor to execute the same. Motion seconded by
Council Member Wilson. Motion approved by vote of 7-0.
17. Consider and upon Resolution No. 13-06, ordering the General Election to be held jointly with the
Prosper Independent School District on May 11, 2013. Town Secretary Amy Piukana briefed
Council regarding this item.
Mayor Pro Tern Dugger made a motion to approve Resolution No. 13-06, ordering the General
Election to be held jointly with Prosper Independent School District on May 11, 2013. Motion
seconded by Council Member Vogelsang. Motion approved by vote of 7-0.
18. Consider and act upon Ordinance No. 13-05 amending the FY 2012-2013 Budget. Finance
Director Matthew Garrett briefed Council regarding this item. Mr. Garrett explained that this
amends the FY 2012-2013 Budget to cover the fire engine purchase, which is $550,000 over the
originally budgeted Fire Department General Fund appropriation total. These funds will be
appropriated from the General Fund unassigned fund balance. These funds may be
reimbursed later this fiscal year if determined that the engine should be bond funded. The fund
balance is still very healthy at $2.3M (or 92 days operating) over the required 20% charter
contingency reserve and 25% target.
Mayor Pro Tern Miller expressed concern regarding the process for financing the new fire engine.
After discussion, Deputy Mayor Pro Tern Dugger made a motion to approve Ordinance No. 13-05
amending Ordinance 12-28 and approving additional appropriations in the amount of $550,000 in
the Fiscal Year 2012-2013 Fire Department General Fund Budget for the Purchase of a new fire
engine. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
19. Downtown Code Compliance Strategy Update. Code Enforcement Officer Trish Eller briefed
Council showing a PowerPoint presentation of past and present cleanup projects within the Town of
Prosper and downtown area locations.
Resident Jack Dixon spoke urging the Town to work with the Prosper Historical Society before
demolishing anymore homes in the downtown area.
20. Capital Improvement Projects Update. Project Manager Michael Bulla showed a PowerPoint
presentation to Council regarding various road construction projects and updates.
Mayor Pro Tern Miller made a motion to recess into Executive Session at 7:33 p.m. Motion
seconded by Deputy Mayor Pro Tern Dugger. Motion approved by vote of 7-0.
21. 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;
Page 5 of 6
21a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property
generally located on W. Broadway Street west of Coleman.
22. To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
Mayor Pro Tern Miller made a motion to reconvene into Regular Session at 8:26 p.m. Motion
seconded by Council Member Wilson. Motion approved by vote of 7-0.
23. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting
• Update regarding the requirements and cost of a flashing school zone signs at Folsom
and Coleman. Staff will research and discuss this item in the Strategic Plan and will
consider a possibly Town wide policy.
• Discussion of overnight parking of semi trucks on Richland Boulevard. Council
advised staff to consider installing a sign reading "no truck parking" sign at the
location.
• Discussion of dates to schedule a Strategic Plan Workshop. Council set March 27,
2013 to hold a Strategic Plan Workshop.
• Update regarding CIP information reports. Project Manager Michael Bulla noted that
CIP Updates will be updated on the website monthly.
Council advised staff to provide future updates regarding the 1461 rail road track issue, an update
regarding Municipal Court citation numbers being lower than the previous year, and requested staff
contact Animal Services regarding coyotes seen in the Bradford Farm subdivision.
24. Adjourn. Council Member Dixon made a motion to adjourn the meeting at 8:39 p.m. Motion
seconded by Council Member Wilson. Motion approved by vote of 7-0.
The meeting adjourned at 8:40 p.m.
APPIj,OVED•
Ray Smith, ayor
ATTEST: ')
Amy M. Piukana, 11MU `01111111,f:11
Town Secretary ��®®� PR0Sp -*���
V
®°
i
ss `
p.6��J��```♦Page 6 of