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02.26.2013 Town Council Minutes1. 2. -i . 11` b,SPER OWN OF P, Minutes Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Prosper, TX 75078 Tuesday, February 26, 2013 6:00 p.m. Regular Meeting Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tern Kenneth Dugger, Council Member Danny Wilson, Council Member Curry Vogelsang and Council Member Mike Korbuly. Absent: Council Member Jason Dixon Staff Members present: Town Manager Harlan Jefferson. Secretary Amy Piukana, Development Director Hulon Finance Director Matthew Garrett, and Fire Chief Ronnie Call to Order Regular Meeting/Roll Call. Town Attorney Richard Abernathy, Town Webb, Planning Director Chris Copple, Tucker. Pastor Wayne Bartley with First Baptist of Prosper led the Invocation. The Pledge of Allegiance and Pledge to the Texas Flag were given. 3. Announcements of upcoming events. The following announcements were given: 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. Also, the Prosper Library is going live with E-Books online beginning March I". 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 TxDOT has indicated,( if the weather permits) Preston Road traffic will be switched over to the new lanes early Friday, March 1 st. o Kite Flying Day is coming soon to Frontier Park. Date to be announced. 4. 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.) 4a. Consider and act upon minutes from the following Council meeting(s) (AP) • Regular Meeting — February 12, 2013 4e. Consider and act upon entering into agreement with Denton County Elections to administer the May 11, 2013 General Election. (AP) Page 1 of 6 4g. Resolution No. 13-04, cancelling the Regular Scheduled March 12, 2013 Town Council Meeting. (H.n 4h. Consider and act upon receiving the 2012 Racial Profile Report. (KM) 4j. Consider and act upon Resolution 13-20 amending authorized representatives to transact business with TexPool Participant Services. (MG) Deputy Mayor Pro Tem Dugger pulled Agenda Items 4b., 4c., 4d., 4f., and 4i. off Consent Agenda to allow for discussion. Mayor Pro Tem Miller made a motion to approve Consent Items 4a., 4e., 4g., 4h., and 4j., as presented. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. Mayor skipped to item =fib. 4b. Consider and act upon 1) an Engineering Design Services Agreement between the Town of Prosper and Wier & Associates, Inc., related to the Old Town Drainage Study and 2) adopting Resolution No. 13-15 authorizing the Town Manager to execute the same. (HW) Development Director Hulon Webb briefed Council regarding this item. Mr. Webb explained that this agreement is for the engineering design services necessary to perform a drainage analysis of the Old Town area of the Town of Prosper generally from Craig Street on the east, First Street on the south, Eighth Street on the north and the BN&SF Railroad on the west. Mr. Webb noted that the amount of $65,500 for the study is to be funded by the Municipal Drainage Utility System Fee Fund. After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve the Engineering Design and Service Agreement between the Town of Prosper and Wier & Associates, Inc., related to the Old Town Drainage Study and adopt Resolution No. 13-15 authorizing the Town Manager to execute the same. 4e. Consider and act upon 1) an Engineering Design Services Agreement between the Town of Prosper and Wier & Associates, Inc., related to the Frontier Boulevard BN&SF RR Crossing Studies and 2) adopting Resolution No. 13-16 authorizing the Town Manager to execute the same. (HW) Development Director Hulon Webb briefed Council regarding this item. Mr. Webb explained that the City of Celina is currently working on the design of Frontier Boulevard from the Dallas North Tollway to Preston Road (SH 289) as a concrete curb and gutter six -lane divided roadway with an at - grade crossing at the BN&SF Railroad. Town staff has been discussing with the City of Celina the need for an elevated railroad crossing at Frontier Boulevard and the BN&SF Railroad. The agreement is for the engineering services necessary to design and prepare exhibits and preliminary alignment documents related to feasibility studies for an at -grade railroad crossing versus an elevated railroad crossing at Frontier Boulevard and the BN&SF Railroad. The following citizens spoke regarding this item: Resident Ernie Sanders spoke regarding the contract urging the Town to consider adding limited liability terms and breach of contract language in the contract in order to hold the contractors more accountable for the work. Resident Jack Dixon spoke regarding the Frontier Crossing stating it has no elevated crossing which has caused families to have limited access routes. Mr. Dixon urged Council to consider the Page 2 of 6 increased traffic flow from High School games and to compare options and the costs associated with constructing a flat verses elevated crossing at this location. Resident Mary Helen Sanders spoke urging Council not spend Town funds needlessly on a feasibility study. After discussion, Deputy Mayor Pro Tern Dugger made a motion to approve an Engineering Design Services Agreement between the Town of Prosper and Wier & Associates, Inc., related to the Frontier Boulevard BN&SF RR Crossing Studies and adopt Resolution No. 13-16 authorizing the Town Manager to execute the same. Motion seconded by Mayor Pro Tern Miller. Motion approved by vote of 6-0. 4d. Consider and act upon the quarterly investment portfolio for the quarter ending December 31, 2012. (MG) Finance Director Matthew Garrett briefed Council regarding this item. After discussion, Deputy Mayor Pro Tern Dugger made a motion to approve the quarterly investment portfolio for the quarter ending December 31, 2012. Motion seconded by Mayor Pro Tern Vogelsang. Motion approved by vote of 6-0. 4L Consider and act upon Resolution No. 13-18 naming an Interim Town Secretary. (H.I) Deputy Mayor Pro Tern Dugger made a motion to approve Resolution No. 13-18 naming Harlan Jefferson as Interim Town Secretary. Motion seconded by Council Member Korbuly. Motion approved by vote of 6-0. 4i. Consider and act upon Resolution 13-19 authorizing individuals named to endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with Independent Bank or any other Town depositories and exercise all of the powers listed in the resolution. (MG) Finance Director Matthew Garrett briefed Council regarding this item. After discussion, Deputy Mayor Pro Tern Dugger made a motion to approve Resolution 13-19 authorizing individuals named to endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with Independent Bank or any other Town depositories and exercise all of the powers listed in the resolution. Motion seconded by Council Member Korbuly. Motion approved by vote of 6-0. 5. 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.) Other Comments by the Public — Prosper Student Allison Swain spoke regarding her Girl Scout Gold project urging citizens to participate in a diaper drive for the Bethlehem Place to assist less fortunate families with basic needs. Ms. Swain asked for diaper donations in lieu of funds. Resident Ken Weaver spoke regarding the hike and bike trail modifications to the Lakes of Prosper. Mr. Weaver spoke in concern of facebook commentary and correspondence in relation to upcoming Page 3 of 6 Public Hearings noting that no item should be voted on until appropriate boards have reviewed and its findings have been reported to Council and residents. Mr. Weaver passed out a document to Council referencing a facebook communication regarding the hike and bike trail modifications in Lakes of Prosper. Resident Jack Dixon spoke regarding the Old Town Drainage Study asking Council to consider adding a drainage pond park feature that becomes a Veteran's Memorial feature. Resident Irwin "Cap" Parry spoke regarding the March 27th Council Strategic Workshop asking if the meeting would be open to the public. Staff explained the meeting date has been set noting the public can attend and that an Agenda would be posted 72 hours prior to the meeting in compliance with the Open Meetings Act. 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: 6. A public hearing to consider and act upon a request to rezone 124.7± acres, located on the south side of Frontier Parkway, 800± feet east of Preston Road to amend Planned Development-15 (PD-15), Exhibit C, Section 2.05 (Streets). (Z13-0003). Planning Director Chris Copple briefed Council regarding this item. Mr. Copple explained that the purpose of the Planned Development (PD) amendment is to revise the residential street right-of-way from sixty (60) feet to fifty (50) feet, which complies with the Town's neighborhood street standard. The proposed Police Department amendment does not change the street's pavement width, which currently meets the Town's standard of thirty-one (31) feet measured from back of curb. Mr. Copple noted the zoning request is specifically to amend Exhibit C, Section 2.05, so all other sections of PD-15 are not included in the zoning request. Mr. Copple explained that at the February 5, 2013, Planning & Zoning Commission Meeting, the Board recommended the Town Council approve the request to amend Planned Development-15 (PD-15), Exhibit C, Section 2.05 (Streets) as submitted, by a vote of 5-0. Deputy Mayor Pro Tern Dugger made a motion to open the Public Hearing. Motion seconded by Council Member Vogelsang. Motion approved by vote of 6-0. Applicant Robert Holmes was present to answer questions. Resident Ernie Sanders asked why the original right of way was approved and now an issue. Mr. Holmes explained that the adjustment to reduce the right of way allows the development to have larger back yards and provides a more quality development. Deputy Mayor Pro Tern Dugger made a motion to close the public hearing. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. Council Member Korbuly made a motion to approve the request to amend PD-15 (Planned Development 15), Exhibit C, Section 2.05, as submitted. Motion seconded by Deputy Mayor Pro Tern Dugger. Motion approved by vote of 6-0. Page 4 of 6 DEPARTMENT ITEMS: 7. Consider and discuss the Town's Investment Policy. Finance Director Matthew Garrett briefed Council regarding this item. Mr. Garrett explained that under the Public Funds Investments Act, Chapter 2256.05, Sec. (e), the governing body of the investing entity shall review its investment policy and investment strategies and shall adopt by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies. The primary changes proposed to the Investment Policy are to the designation of investment officers. Under the Public Funds Investment Act, investment officers must attend at least 10 hours of instruction relating to the treasurer's or officer's responsibilities not less than once in a two-year period. Currently, the Town Manager, Finance Director and Accounting Manager are designated for the Town. The proposed language removes the Town Manager and leaves only two designated officers. Mr. Garrett noted that the Prosper EDC Investment Policy currently calls for the PEDC Treasurer, the PEDC Executive Director and Accounting Manager to serve as investment officers. No action was taken on this item. 8. Consider and act upon Resolution 13-21 authorizing the Town Manager to execute a two year contract with Document Management Professionals Business Process Outsourcing, Inc. for the production and distribution of Town utility bills. Finance Director Matthew Garrett briefed Council regarding this item. Mr. Garrett explained that Town staff solicited quotes from three vendors for utility billing software services to perform printing, sorting and distribution of Town utility bills. This service is currently provided by CSG. Mr. Garrett noted that staff asked CSG to submit a new, lower quote, however; CSG declined. Staff received competitive quotes from DP2 Billing Solutions LLC and Document Management Professionals Business Process Outsourcing, Inc. ("DMPBPO") Mr. Garrett explained that staff checked references on these respondents and were pleased with the reviews for both. Staff is recommending DMPBPO as the lowest cost solution that will meet the Town's billing needs. Resident Ernie Sanders spoke urging Council to consider adding termination language and the possibility of having a Tier pricing agreement. Mayor Pro Tem Miller made a motion to approve Resolution 13-21 authorizing the Town Manager to execute a two year contract with Document Management Professionals Business Process Outsourcing, Inc. for the production and distribution of Town utility bills. Motion seconded by Council Member Dugger. Motion approved by vote of 6-0. Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session at 7:43 p.m. Motion seconded by Council Member Wilson. Motion prevailed by vote of 6-0. 9. 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 deliberate regarding; 9a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on W. Broadway Street west of Coleman. Page 5 of 6 9b. 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 to receive legal advice regarding the Park Fee Ordinance, and matters related thereto. 10. 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 9:09 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. Town Attorney Richard Abernathy explained that a breach of contract is not necessary noting an indemnification clause covers the Town against any liability. Mr. Abernathy explained that the Town has immunity from signed contracts for goods and services and gave an example of a Supreme Court ruling. Mr. Abernathy summarized that the contract is sufficient as to form. 11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. ■ Landscape Coit and First Street — Development Director Hulon Webb gave a brief update regarding this item. ■ Office Building located at 1000 N. Preston Road — Development Director Hulon Webb briefed Council regarding this item. ■ Folsom Park portable restroom facility — Development Director Hulon Webb briefed Council regarding this item. 12. Adjourn. Deputy Mayor Pro Tern Dugger made a motion to adjourn at 9:52 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. The meeting adjourned at 9:53 p.m. ATTEST• Harlan Jefferson s Interim Town etary `ol%1 1 1 111111'f � OF P&O /i� * - I`;• �dNP .. J i� i 4mb 4 ••i •i • l/lltl� APP OVED: Ray Smith, Mayor Page 6 of 6