08.09.2011 Town Council Minutes1
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TOWN OF
PR -L S
Prosper is a place inhere ewie cone matters.
Call to Order / Roll Call.
MINUTES
Regular Meeting of the Prosper Town Council
Prosper ISD Administration Building
605 E 7`h Street Prosper, Texas
Tuesday, August 9, 2011 at 6:00 p.m.
Mayor Smith called the meeting to order at 6:04 p.m.
Council present included: Mayor Ray Smith, Mayor Pro Tem Kenneth Dugger, Deputy Mayor Pro
Tem Meigs Miller, Danny Wilson, Curry Vogelsang Jr., Dave Benefield and Jason Dixon.
Council Member(s) absent: None
Staff present included: Mike Land, Town Manager, Amy Piukana, Town Secretary, Hulon Webb,
Director of Development Services; Chris Copple, Planning & Zoning Manager; Trish Eller, Code
Enforcement Officer; Frank Jaromin, Public Works Director; Matthew Garrett, Finance Director;
Wade Harden, Senior Planner Parks & Recreation.
Invocation, Pledge of Allegiance, and Pledge to the Texas Flag. The invocation was given by
Council Member Benefield. The pledge of allegiance and pledge to the Texas Flag was given.
3. Announcements of dates and times of upcoming community events. Town Manager Mike Land
announced the community prayer walk is scheduled at PISD August 14, 2011 at 6 p.m. Mr. Land
also announced that the Board and Commissions advertisement will be published in the Prosper Press
newspaper to advertise our various board openings. Mr. Land noted that the Town of Prosper
website will have applications available online. Council Member Dixon announced that the Prosper
Youth (7) and (8) year old coach pitch baseball team won the Mississippi Championship.
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.)
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings (AP)
July 26, 2011 — Regular Town Council Meeting
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FINANCE
b. Consider and act upon accepting the Quarterly Investment portfolio for the period ending June 30,
2011. (MG)
ORDINANCES. RESOLUTIONS. AND AGREEMENTS
e. Consider and act upon Ordinance No. 11-53 establishing new school zone times. (IN7)
d. Consider and act upon Ordinance No.l 1-54 amending the Town's Thoroughfare Plan
(Section 13 of the Town's Comprehensive Plan) revising the alignment of F.M. 1385, Gee
Road, and Fishtrap Road. (CAI 1-0001). (CC)
e. Consider and act upon Ordinance No. 11-55 rezoning 39.4± acres, located on the north side of
Fishtrap Road, 500± feet east of existing F.M. 1385, from Planned Development -51- Retail (PD -
51 -R) and Agricultural (A) to Planned Development -Retail (PD -R). (ZI 1-0007). (CC)
f. Consider and act upon 'an amendment to the contract with Collin County for Animal Control
Services, extending the agreement through FY2011-12 at a cost of $34,563 authorizing the Town
Manager to execute the same. (TE)
g. Consider and act upon an amendment to the contract with Collin County for Animal Sheltering
Services, extending the agreement through FY2011-12 at a cost of $23,620 authorizing the Town
Manager to execute the same. (TE)
Council Member Wilson moved to approve Consent Items 4a. — 4g. Motion seconded by Council Member
Benefield.
Motion approved by vote of 7-0.
CITIZEN'S 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.)
5. Other Comments by the Public - Mike Wadsworth spoke regarding his safety concerns with the speed
limit on Preston Road and a single point of access to the Stone Creek Subdivision.
Agenda Item 7 was addressed before Agenda Item 6.
7. Consider and act upon initiating Stage 2 Drought Contingency and Water Emergency Response
Measures. Public Works Director Frank Jaromin was present to answer any questions.
Council Member Wilson moved to approve Stage 2 Drought Contingency and Water Emergency
Response Measures and instructed staff to begin implementation on August 10, 2011. Motion
seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
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PUBLIC HEARING
6. A public hearing to consider and act upon Ordinance No. 11 -56 to approve a negotiated settlement
agreement and resulting tariffs with Atmos Energy Corporation Mid -Tex Division as recommended
by the ACSC Settlement Committee and ACSC legal counsel. Finance Director Matthew Garrett
briefed Council Members regarding the proposed ordinance. Mr. Garrett explained that the
Ordinance and rates are the result of negotiations between ACSC and the Company to resolve issues
raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance resolves
the Company's RRM filing by authorizing supplemental revenue of S6.6 million to be recovered
through the customer charge component of rates to cover direct incremental costs associated with a
steel service line replacement program approved as part of last year's rate adjustment. All other
relief requested by Atmos Mid Tex is denied. The 2010 Settlement Agreement contemplated that the
steel service line replacement program would be adjusted annually, but shall be capped at 5.0044
cents for residential customers and S 1.22 for commercial customers. The increase in this case is
consistent with the caps contemplated last year for the steel service line replacement program, and
nothing more. The monthly bill impact for residential customers will be a 50.35 increase in the base
charge from 57.15 to 57.50.
Mayor Pro Tern Dugger made a motion to open the public hearing. Motion seconded by Deputy
Mayor Pro Tern Miller. Motion approved by vote of 7-0.*
Jehnne Hooker with Atmos Energy of Plano spoke in favor of the Ordinance and was present to
answer any questions.
There being no one else to speak in support and or opposition, Deputy Mayor Pro Tern Miller moved
to close the public hearing. Motion seconded by Council Member Benefield.
Motion approved by vote of 7-0.
Deputy Mayor Pro Tern Miller moved to approve Ordinance No. 11 -56 approving the negotiated
settlement agreement and resulting tariffs with Atmos Energy Corporation Mid Tex Division as
recommended by the ACSC Settlement Committee and ACSC legal counsel. Motion seconded by
Council Member Dixon.
Motion approved by vote of 7-0.
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
8. Consider and act upon Resolution No. 11-55 authorizing the Town Manager to execute an audit
engagement letter with Davis Kinard & CO, P. C. for the independent audit for Fiscal Year 2011 and
Fiscal Year 2012 Financial Reports with three (3) optional one-year renewals thereafter. Finance
I Director Matthew Garrett briefed Council regarding the Resolution.
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Mayor Pro Tem Dugger moved to approve Resolution No. 11-55, authorizing the Town Manager to
execute an audit engagement letter with Davis Kinard & Co, P. C. for the independent audit for FY
2011 and FY 2012 Financial Reports with three (3) optional one year renewals thereafter. Motion
seconded by Council Member Vogelsang.
Motion approved by vote of 7-0.
9. Submission and discussion of the FY 2011-2012 Budget and Budget Message by the Town
Manager. Town Manager Mike Land in accordance with the Town Charter presented a proposed
budget and budget message for the FY 2011-2012. Town Manager Mike Land gave a brief
presentation regarding the proposed budget recommendations which include an additional Police
Officer to increase depth in Police Patrol. He also noted that the Parks Department will add two
Equipment Operators, two Technicians and two Temporary Seasonal Maintenance Workers to help
maintain additional park facilities and ball fields. The Building Inspection Department's part time
Permit Technician position will be reclassified to a full time position to keep up with the growth and
to ensure coverage. The Water and Sewer Departments will both add an additional Utility Worker
and the Utility Office Coordinator will be added to the Water Department. Mr. Land discussed
property values, property tax rates, sales tax, utility rates and the General Fund.
10. Consider and act upon a schedule for public hearings on the FY 2011-2012 Budget. Town Manager
Mike Land proposed August 23, 2011 as a scheduled date for public hearing on the FY 2011-2012
Town Budget.
Deputy Mayor Pro Tem Miller moved to approve that August 23, 2011 be the set scheduled date for a
public hearing on the FY 2011-2012 budget. Motion seconded by Council Member Dixon.
Motion approved by vote of 7-0.
11. Consider and act upon a proposed 2011 property tax rate. Town Manager Mike Land briefed Council
regarding the 2011 proposed tax rate of $0.52.
Council Member Dixon moved to propose a 2011 tax rate of fifty two cents ($0.52) per one hundred
dollars ($100) of valuation, which is lower than both the effective rate and the rollback rate. Motion
seconded by Council Member Vogelsang.
Motion approved by vote of 7-0.
12. Consider and act upon a schedule for public hearings on the proposed 2011 tax rate. No action taken.
EXECUTIVE SESSION
Council Member Dixon moved to recess into Executive Session at 6:47 p.m. Motion seconded by
Mayor Pro Tem Dugger.
Motion approved by vote of 7-0.
13. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas
conflicts with the Open Meetings Act regarding:
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a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property totaling 18
acres and located south and east of the intersection of Cook Lane and Prosper Trail.
h. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
north of First Street, West of Coit, East of Preston Road, South of FM 1461.
e. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
west of Preston Road, south of First Street, north of Highway 380, and east of the Dallas North
Tollway.
d. Section 551.071. Receive legal advice options for economic and community development and
the use of sales taxes and general funds.
e. To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
Mayor Pro Tem moved to reconvene into regular session at 7:37 p.m. Motion seconded by Council
Member Vogelsang.
Motion approved by vote of 7-0.
No action was taken as a result of closed session.
14. Adjournment- Council Member Dixon moved to adjourn the meeting at 7:40 p.m. Motion seconded
by Council Member Wilson.
Motion approved by vote of 7-0.
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Ray Smith, Mayor
ATTEST:
Amy M. Piukan'a 'RMC
Town Secretary
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