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05.14.2013 Town Council Minutes'fill PISPER OWN OF Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:02 p.m. Council Members Present: Mayor Ray Smith Mayor Pro Tern Meigs Miller Deputy Mayor Pro Tern Kenneth Dugger Council Member Mike Korbuly Council Member Curry Vogelsang Council Member Danny Wilson Council Member Jason Dixon MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 109 W. Broadway, Prosper, Texas Tuesday, May 14, 2013 6:00 p.m. Regular Meeting Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary Hulon T. Webb, Jr., Executive Director of Development and Community Services Chris Copple, Director of Development Services Matthew Garrett, Finance Director Rebecca Brewer, Town Attorney 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor John Fowler of First Presbyterian Church of Prosper led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of upcoming events. Mayor Pro Tern Miller made the following announcements: Prosper's Firefighters and Paramedics assisted the PISD with its first annual Special Olympics Track Meet at Reynolds Middle School last Friday. Approximately 200 athletes participated in the meet. Chief Tucker reported that the event was a huge success and they only treated five minor injuries, none of which required transport to a hospital. The Police Department will hold an Open House and Fun Day on Saturday, May 19, at their headquarters at 101 S. Main, adjacent to Town Hall, from 11:00 a.m. - 1:00 p.m. There will be snacks, activities, and an opportunity to meet members of the Prosper Police Department. Page 1 of 7 The Police Department is also sponsoring a bicycle rodeo on June 1" from 10:00 a.m. - Noon. Bicyclists of all ages will learn proper bicycle fit, maintenance, etiquette, laws, and bicycle control. Registration is free and will take place at the north parking lot of Prosper High School. The event is made up of several stations that teach cyclists the important aspects of safe bicycling. The canvass of the May 11, 2013, General Election will be held on Monday, May 20, 2013, at 6:00 p.m. Town Manager Harlan Jefferson introduced the Town's new Director of Human Resources, Baby Raley. Deputy Mayor Pro Tem Dugger thanked Fire Chief Ronnie Tucker and the Prosper Fire Department for their assistance in providing honor guard services to the Town of West, Texas, for the loss of their firefighters. 4. Presentation by members of Girl Scout Troop #1968 on their recent recycling project. Three Brownies from Troop 41968 made a presentation to the Town Council about recycling at Frontier Park. Their project included searching for recyclable material at the park that had been thrown in the trash. The girls collected two large bins of recyclables in just one hour, and asked the Council to consider placing recycling collection bins at the park. 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.) 5a. Consider and act upon minutes from the following Council meeting. (RB) • Regular Meeting — April 23, 2013 5b. 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(13)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) 5c. Consider and act upon the monthly financial reports for March 2013. (MG) Mayor Pro Tem Miller made a motion and Council Member Vogelsang seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0. Page 2 of 7 1 1 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.) There were no Citizen Comments. 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: 7. A Public Hearing to consider and act upon a request to rezone 0.3f acres, located on the north side of First Street, 1,500f feet east of Legacy Drive from Agricultural (A) to Planned Development -Agricultural (PD-A) (Z12-0004). (CC) Chris Copple presented the item before the Town Council. The applicant has drafted a PD to specifically allow for the construction of a Commercial Antenna and/or Antenna Support Structure with a maximum height of 120 feet in the Agricultural (A) District. The area north of First Street is planned for future single family residential development and retail/neighborhood services to serve those residents. The maximum height of the zoning districts in this area is 40 feet. Due to the nature and low density of the future development in this area, a 120-foot tall Commercial Antenna and/or Antenna Support Structure is not appropriate on this property. The Planning & Zoning Commission recommended the Town Council deny this request at their April 2, 2013, meeting. Town staff recommends denial of the item. Mayor Pro Tern Miller made a motion and Council Member Wilson seconded the motion to open the Public Hearing. The motion was approved by a vote of 7-0. Peter Cavanaugh, 1620 Handley, Dallas, Texas, spoke in favor of the item on behalf of the applicant, Verizon. Carrie Harrington, representing Blue Star Land, spoke in opposition to the item. Mayor Pro Tern Miller made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to close the Public Hearing. The motion was approved by a vote of 7-0. Mayor Pro Tern Miller made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to deny the request to rezone 0.3f acres, located on the north side of First Street, Page 3 of 7 1,500± feet east of Legacy Drive from Agricultural (A) to Planned Development - Agricultural. The motion was approved by a vote of 7-0. DEPARTMENT ITEMS: 8. Consider and act upon Resolution No. 13-29 to protect and defend the Second Amendment constitutional right to keep and bear arms. (RB) Town Secretary Robyn Battle presented this item before the Town Council. This item was brought forward by a Town Council member at the April 9, 2013, Council meeting as a result of the recent adoption of a similar Resolution by the City of Rockwall, Texas. The item was placed on the April 23, 2013, Town Council agenda for discussion, and four citizens offered public comment in support of the Resolution. The Town Attorney reviewed the proposed Resolution and suggested revisions to address the concerns Council had raised over the possible conflict with the Texas penal code, or other state or federal law. The item is for consideration and possible action by the Town Council. Mayor Smith recognized the following citizens who filled out speaker request forms for this item: Jack Dixon, 810 Long Valley Court, Prosper, Texas, spoke in favor of this item, and read written comments submitted by another citizen, Shawn Turner. Ann Lieber, 1190 Crooked Stick, Prosper, Texas, spoke in favor of this item. After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to approve the Town Attorney's amended version of Resolution No. 13-29 to protect and defend the Second Amendment constitutional right to keep and bear arms. The motion was approved by a vote of 7-0. 9. Consider and take action to adopt Ordinance No. 13-30 approving the final Project and Financing Plan for the Town of Prosper Tax Increment Financing Reinvestment Zone Number Two (TIRZ No. 2). Town Manager Harlan Jefferson presented the item before the Town Council. On December 31, 2012, the Prosper Town Council approved a Development and Financing Agreement with MSW Prosper 380 LP, for the reimbursement of the cost of construction of public infrastructure to be constructed with TIRZ No. 2. On January 22, 2013, the Prosper Town Council adopted Ordinance No. 13-04 designating TIRZ No. 2 to promote the development or redevelopment of the area. The final Project and Financing Plan was approved by the TIRZ No. 2 Board on May 14, at their meeting prior to this Town Council meeting. The Town Council is being asked to approve the final Project and Financing Plan in order for the Collin County Commissioner's Court to consider participating in the TIRZ No. 2 at their June 10, 2013, meeting. The Town of Prosper submitted an application for Collin County participation in the TIRZ No. 2 which included an Inter -Local Cooperation Agreement. Town staff recommends approval of this item. Page 4 of 7 After discussion, Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tern Miller seconded the motion to adopt Ordinance No. 13-30, approving the final Project and Financing Plan for the Town of Prosper Tax Increment Financing Reinvestment Zone Number Two. The motion was approved by a vote of 7-0. 10. Presentation from IPS Advisors and discussion regarding both an update on the insurance renewal process and also the expected financial impact of the healthcare reform act on the Town of Prosper employee benefits. (MG) Finance Director Matthew Garrett began the presentation to Council, then introduced Jay Huminsky from IPS Advisors, who continued the presentation. Mr. Huminsky reviewed the major areas of the Affordable Care Act and what each area will mean to the employee benefits offered by the Town. The full budget impact will be presented at a future Town Council meeting to discuss selection of an insurance plan and premium design for the August 1, 2013, renewal. Council discussed the item and presented questions to Mr. Huminsky, and he responded. No action was taken on this item. 11. Consider and act upon Resolution 13-31 providing for and directing publication of a notice of intent to issue Town of Prosper Combination Tax and Surplus Revenue Certificates of Obligation to fund the construction of water system improvements. Finance Director Matthew Garrett presented this item to the Town Council. This item is to direct staff to publish notice of intent to issue debt not to exceed $5.5 million for water system improvements. The issuance was anticipated to complete work in progress on the pump station expansion and second water line projects. Mr. Garrett reviewed the timeline for the issuance of the bonds. Dan Culver of McCall, Parkhurst & Horton, L.L.P., serves as the Town's bond counsel and has provided the proposed Resolution and notice of intent with input from Town staff and Jason Hughes, the Town's Financial Advisor. Mr. Hughes answered questions from Council on this item. Town staff recommends approval of this item. After discussion, Mayor Pro Tern Miller made a motion, and Council Member Vogelsang seconded the motion to approve Resolution 13-31 providing for and directing publication of a notice of intent to issue Town of Prosper Combination Tax and Surplus Revenue Certificates of Obligation to fund the construction of water system improvements. The motion was approved by a vote of 7-0. 12. Discussion on Stage 3 Drought Contingency and Water Emergency Response Measures, proposed water conservation programs and potential enforcement program. Public Works Director Frank Jaromin presented this item to the Town Council. On June 1, 2013, the North Texas Municipal Water District (NTMWD) will initiate Stage 3 of the NTMWD Water Conservation and Drought Contingency and Water Emergency Response Plan to all member and customer cities. This action is a result of the temporary Page 5 of 7 loss of the Lake Texoma raw water supply, and low lake levels in Lake Chapman and Lake Lavon due to ongoing drought conditions. Mr. Jaromin reviewed the Stage 3 conditions as they will apply to water customers in the Town of Prosper. In addition to implementing Stage 3 water restrictions, the Town will also increase its public education efforts by providing water conservation and education programs. Town staff is seeking feedback from the Town Council on potential enforcement procedures, which may include an Ordinance to establish an enforcement program. A proposed enforcement program and a draft fee structure were presented. Mayor Smith recognized Ann Lieber, 1190 Crooked Stick, Prosper, Texas, who turned in a speaker request form for this item. Ms. Lieber questioned the Council about the proposed water conservation and enforcement programs, and Mr. Jaromin responded. No action was taken on this item. 13. EXECUTIVE SESSION: Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tern Miller seconded the motion to recess into Executive Session at 8:12 p.m. The motion was approved by a vote of 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: 13a. 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. 13d. Section 551.074. Discuss and consider Town Attorney applicants and all matters incident and related thereto. 14. 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 8:55 p.m. The motion was approved by a vote of 7-0. Mayor Pro Tem Miller made a motion and Council Member Wilson seconded the motion to appoint the firm of Brown & Hofineister, L.L.P., as the new Town Attorney. The motion was approved by a vote of 7-0. 15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Council Member Dixon asked Town staff to look into the installation of recycling bins at Frontier Park. Page 6 of 7 16. Adjourn. Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tern Miller seconded the motion to adjourn the meeting at 8:57 p.m., on Tuesday, May 14, 2013. The motion was approved by a vote of 7-0. These minutes approved on the 28`h day of May, 2013. ATT ST: 4 ;$� Robyn Ottle, Town Secretary 1 1 APPROVED: Ray Stt-h,14ayor Page 7 of 7