04.23.2013 Town Council Minutes1
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1. Call to Order/Roll Call.
The meeting was called to order at 6:03 p.m.
Council Members Present:
Mayor Ray Smith
Deputy Mayor Pro Tern Kenneth Dugger
Council Member Mike Korbuly
Council Member Curry Vogelsang
Council Member Danny Wilson
Council Member Jason Dixon
Council Members Absent:
Mayor Pro Tern Meigs Miller
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, April 23, 2013
6:00 p.m. Regular Meeting
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor David Hancock of Christ Fellowship of Prosper led the invocation. The Pledge of'
Allegiance and the Pledge to the Texas Flag were recited.
3. Proclamations
Item 3a was presented after the announcement of upcoming events.
Mayor Smith presented the following Proclamation:
3b. Presentation of a proclamation recognizing May 12-18, 2013, as Police
Week, and recognizing May 15, 2013, as Peace Officers' Memorial Day.
4. Announcements of upcoming events.
Deputy Mayor Pro Tern Kenneth Dugger expressed the Town's deepest sympathies for
those affected by the tragedy in West, Texas.
Deputy Mayor Pro Tem Kenneth Dugger announced that the first "Friday at the Park"
Summer Series event featuring outdoor movies, music, food and entertainment, is
scheduled for Friday, May 3rd, at 6:30 p.m. at Frontier Park Pavilion, with the movie
beginning at dusk.
Deputy Mayor Pro Tern Kenneth Dugger announced Allstate Kite Day to be held at
Frontier Park on Saturday, May 11.
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Council Member Mike Korbuly announced Prosper ISD's "Shattered Dreams" Program,
which highlights the dangers of drinking or texting while driving. Events will be held
April 25-26, including a parent meeting, simulated crash and a mock memorial for
victims.
Council Member Dixon expressed his appreciation to the community of Prosper for their
outpouring of concern and willingness to help the victims of the recent tragedies our
country has experienced.
Mayor Smith announced the Special Olympics Track & Field Meet to be held on Friday,
May 10, at Eagle Stadium in Prosper. Opening Ceremonies begin at 9:30 a.m.
Mayor Smith presented the following Proclamation:
3a. Presentation of a proclamation recognizing May 2013, as Motorcycle Safety
and Awareness Month.
5. 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.)
Mayor Smith recognized Ken Weaver, 1480 Beacon Hill Drive, Prosper, TX. Mr. Weaver
questioned the Council and provided comments for the record about the reserve level (rainy
day fund) of the Town's budget. Finance Director Matthew Garrett responded to his
question.
Deputy Mayor Pro Tern Dugger removed Items 5b and 5c from the Consent Agenda.
5a. Consider and act upon minutes from the following Council meeting. (HJ)
• Regular Meeting— April 9, 2013
5d. Consider and act upon the monthly financial reports. (MG)
Deputy Mayor Pro Tern Dugger made a motion and Council Member Wilson seconded the
motion to approve Items 5a and 5d on the Consent Agenda. The motion was approved by a
vote of 6-0.
5b. Consider and act upon Resolution No. 13-27 naming a Town Secretary. (HJ)
Deputy Mayor Pro Tern Dugger made a motion and Council Member Wilson seconded the
motion to approve Item 5b on the Consent Agenda. The motion was approved by a vote of
6-0.
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5c. Consider and act upon the quarterly investment portfolio for the quarter ending
March 31, 2013. (MG)
After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro Tem
Dugger seconded the motion to approve Item 5c on the Consent Agenda. The motion was
approved by a vote of 6-0.
6. 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.)
Chris Blair, 841 Sibyl Lane, spoke regarding the citizen priorities identified during his
service on the 2011 Bond Committee. He requested an update on the 2011 bond issue as
an agenda item at a future Town Council meeting.
Cap Parry, 850 Kingsview Drive, thanked Town staff on behalf of the Prosper Historical
Society for their guidance on historical preservation of Old Town Prosper, and for the
information provided regarding apartment regulations.
Michele Williams, 1220 Concho Trail, spoke regarding expanding tennis programs
within the Town of Prosper and creating a Tennis Association.
Heather Reynolds announced to the Town Council that "Wreck -It Ralph" will be the first
movie in the Summer Series Event, and provided other details related to the event.
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.)
DEPARTMENT ITEMS:
7. Consider and act upon 1) an Infrastructure Reimbursement Agreement between the
Prosper Economic Development Corporation, the Town of Prosper, Texas, and
Preston Development, Ltd., related to the design and construction of certain
drainage improvements at the northeast corner of the intersection of First Street
and Preston Road; 2) adopting Resolution No. 13-28; and, 3) authorizing the Town
Manager to execute same. (HW)
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Development Services Director Hulon Webb presented the item before the Town
Council. In an effort to provide an aesthetically pleasing cornerstone location within the
Town of Prosper, staff assessed the possibility of filling in the large drainage channel on
the northeast corner of First Street and Preston Road. The proposed Infrastructure
Reimbursement Agreement between the Town of Prosper, Preston Development Ltd.,
and the Prosper Economic Development Corporation (PEDC) outlines the terms for each
organization to contribute a portion of the funds necessary to complete the project. The
design is complete, TxDOT has approved the proposed improvements, and the PEDC
approved their participation in the agreement. Town staff recommends approval of this
item.
After discussion, Deputy Mayor Pro Tern Dugger made a motion and Council Member
Wilson seconded the motion to approve an Infrastructure Reimbursement Agreement
between the Prosper Economic Development Corporation, the Town of Prosper, Texas,
and Preston Development, Ltd., related to the design and construction of certain drainage
improvements at the northeast corner of the intersection of First Street and Preston Road;
adopt Resolution No. 13-28; and authorize the Town Manager to execute same. The
motion was approved by a vote of 6-0.
8. Consider and act upon Change Order #2 to Tiseo Paving Co., for the First Street
(Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements
Project. (HW)
Development Services Director Hulon Webb presented the item before the Town
Council. The Town Council approved the original contract for the First Street
improvements (Craig Street to Coit Road) and Coit Road improvements (First Street to
US 380) to Tiseo Paving Co. on November 8, 2011. Town Council approved Change
Order #1 in October of 2012 for construction of a deceleration lane in La Cima 7,
subgrade preparation and water line modifications. Change Order 42 will provide for
drainage improvements at the northeast corner of First Street and Preston Road, and will
be funded through the Infrastructure Reimbursement Agreement that was approved at this
evening's meeting. Town staff recommends approval of this item.
After discussion, Deputy Mayor Pro Tem Dugger made a motion and Council Member
Korbuly seconded the motion to approve Change Order #2 to Tiseo Paving Co., for the
First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street)
Improvements Project. The motion was approved by a vote of 6-0.
9. TABLED ITEM - Consider and act upon the proposed park land dedication within
the limits of the preliminary plat of Tanner's Mill, on 138.5f acres, located on the
east side of Coleman Street (D12-0048). (HW)
Development Services Director Hulon Webb presented the item before the Town
Council. Mr. Webb reviewed the Town's park land dedication requirements. The park
land dedication requirement for this development is 8.8 acres and does not include a
proposed elementary school on the property. This item was tabled at the April 9, 2013,
Town Council meeting to allow time for discussions to continue between the developer
and the school district about whether a school site would be located on the property.
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Jerry Sylo, representative of the developer, D.R. Horton, updated Council on the
discussions and negotiations with the Town and the school district regarding the location
of the park land and a potential school site. While the issue of the school site has not
been finalized, the park land dedication is consistent with the Town's Parks, Recreation
and Open Space Master Plan. Due to the zoning of the surrounding area, the proposed
location of a neighborhood park in Tanner's Mill would benefit local residents, and also
connect area developments via the Town's hike and bike trail system. The Parks and
Recreation Board has recommended acceptance of the park land dedication and the
Planning & Zoning Commission has approved the preliminary plat. Town staff
recommends approval of this item.
After discussion, Council Member Vogelsang made a motion, and Council Member
Wilson seconded the motion to approve the proposed conveyance of land for an 8.8-acre
neighborhood park, as shown on the approved preliminary plat of Tanner's Mill. The
motion was approved by a vote of 5-1.
10. Consider and act upon Ordinance 13-12 amending Ordinance 12-28 and approving
additional appropriations in the amounts of $174,050 in the General Fund and
$110,000 in the Water/Wastewater Fund for the Fiscal Year 2012-2013 Budget.
(MG)
Town Manager Harlan Jefferson introduced this item. In an effort to improve staff
efficiency and productivity, and to also accommodate growth and respond to concerns
raised in the management letter from the auditors, Town staff has proposed a two -stage
reorganization process. Mr. Jefferson reviewed the proposed organizational changes.
The proposal includes new positions, as well as reorganized and reclassified positions.
Finance Director Matthew Garrett continued the presentation to further explain the
proposed organizational changes and to review the proposed amendments to the FY
2012-2013 budget. In addition to increasing personnel budgets to hire new positions and
support reclassifications for some existing staff, the Library and Fire Department budgets
are increasing to specifically appropriate for the expenditure of donation and grant funds.
The Water/Wastewater Fund is increasing to purchase more water meters and contract for
well -capping services on multiple Town -owned sites. The Local Government Code
allows changes to the budget for municipal purposes under Section 102.010. Town staff
recommends approval of this item.
After discussion, Council Member Mike Korbuly made a motion, and Council Member
Vogelsang seconded the motion to approve Ordinance 13-12 amending Ordinance 12-28
and approving additional appropriations in the amounts of $174,050 in the General Fund
and $110,000 in the Water/Wastewater Fund for the Fiscal Year 2012-2013 Budget, and
amending Exhibit A to designate $40,000 for Professional Services. The motion was
approved by a vote of 6-0.
Mayor Smith moved Agenda Item 13 to follow the Regular Agenda.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
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13a. City of Rockwall Resolution discussed at their March 4 Town Council
meeting:
"Discuss and consider approval of a resolution regarding the 2°� Amendment
to protect and defend the constitutional right to keep and bear arms, and
take any action necessary."
Mayor Smith recognized the following citizens who filled out speaker request forms on
this item:
Shawn Turner, 2710 Gentle Creek Trail, Prosper, Texas, spoke in favor of this item.
Ann Lieber, 1190 Crooked Stick, Prosper, Texas, spoke in favor of this item and attached
comments to her speaker request form.
Ken Weaver, 1480 Beacon Hill Drive, Prosper, Texas, spoke in favor of this item.
Jack Dixon, 810 Long Valley Court, Prosper, Texas, spoke in favor of this item.
After discussion, Mayor Smith directed Town staff to bring this item forward for
discussion and action at the May 14, 2013, Town Council meeting.
11. EXECUTIVE SESSION:
Council Member Korbuly left the Council bench.
Deputy Mayor Pro Tern Dugger made a motion and Council Member Wilson seconded
the motion to recess into Executive Session at 7:49 p.m. The motion was approved by a
vote of 5-0.
Council Member Korbuly returned as the Council recessed into 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:
Ha. Section 551.072. To deliberate the purchase, exchange, lease or value of real
property generally located north of U.S. Highway 380, south of Prosper Trail,
west of Preston Road and east of the Dallas North Tollway.
11b. 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 Police Department's standard operating
procedures, and matters related thereto.
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I1c. 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
regarding legal issues related to the Comprehensive Plan.
11d. Section 551.074. Discuss and consider Town Attorney applicants and all
matters incident and related thereto.
12. To reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
Deputy Mayor Pro Tern Dugger made a motion and Council Member Wilson seconded
the motion to reconvene into Regular Session at 9:09 p.m. The motion was approved by
a vote of 6-0.
No action was taken on items discussed in Executive Session.
Council Member Dixon asked Town staff to place an item on the May 14, 2013, Town
Council agenda to update the Town Council on how the healthcare reform act may
impact the Town's employee benefits plan and the Town's budget.
14. Adjourn.
Deputy Mayor Pro Tern Dugger made a motion and Council Member Korbuly seconded
the motion to adjourn the meeting at 9:10 p.m on Tuesday, April 23, 2013. The motion
was approved by a vote of six 6-0.
These minutes approved on the 14`h day of May, 2013.
ATTEST:
Ak-crvo
Robyn battle, Town Secretary
APPROVED:
Ray mith, ayor
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