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08.23.2011 Town Council Minutes11 S ' TOWN OF PER �Ww Prosper is a place where everyone matters. 1. Call to Order / Roll Call. MINUTES Regular Meeting of the Prosper Town Council Prosper ISD Administration Building 605 E 7"' Street Prosper, "Texas Tuesday, August 23, 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; Frank Jaromin, Public Works Director; Matthew Garrett, Finance Director; Wade Harden, Senior Planner Parks & Recreation; Wayne Snell, Building Official. 2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag. The invocation was given by Council Member Vogelsang. 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 Serve Prosper Day is scheduled for Saturday, September 3, 2011 from 8a.m, to 12:00 p.m. Mr. Land reminded Council of the Comprehensive Plan Meeting and Impact Fee Meetings will be held August 12t" and 19tH 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) August 9, 2011 — Regular Town Council Meeting b. Consider and act upon the July 2011 monthly financial statements (MG) Mayor Pro Tem Dugger moved to approve Consent Items 4a -4b, as presented. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0. Page ] of 6 ORDINANCES, RESOLUTIONS AND AGREEMENTS, 5. Consider and act upon adopting Resolution No. 11-56, recognizing the Prosper Youth Sports Association (PYSA) as a preferred athletic league as per Section 7 of the Town's Comprehensive Parks Ordinance. Town Manager Mike Land was present to answer any questions. After discussion, Mayor Pro Tern Dugger moved to approve Resolution No. 11-56, recognizing the Prosper Youth Sports Association (PYSA) as a preferred athletic league as per Section 7 of the Town's Comprehensive Parks Ordinance. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. 6. Consider and act upon adopting Resolution No. 11-57, recognizing the Prosper Area Soccer Organization (PASO) as a preferred athletic league as per Section 7 of the Town's Comprehensive Parks Ordinance. Town Manager Mike Land was present to answer any questions. Mayor Pro Tem Dugger moved to approve Resolution No. 11-57, recognizing the Prosper Area Soccer Organization (PASO) as a preferred athletic league as per Section 7 of the Town's Comprehensive Parks Ordinance. 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.) 7. Other Comments by the Public — There were no citizens present 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 8. A public hearing to consider and act upon a request to rezone 9.6± acres, located on the west side of Coit Road, 200± feet south of Frontier Parkway, from Single Family -15 (SF -15) to Planned Development -Single Family (PD -SF). (Z11-0009). Planning and Zoning Manager Chris Copple briefed Council Members regarding the case. Mr. Copple gave a brief history of the surrounding properties zoning and noted that the applicant met with the Highland Meadows Homeowner's Association in an attempt to address comments received from the Planning and Zoning Commission Meeting. Mayor Pro Tem Dugger made a motion to open the public hearing. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. Page 2 of 6 The following citizens were present in support and/or opposition to the case: Applicant Trevor Castilla spoke in support of the case stating he met with the Highland Meadows Homeowner's Association regarding lot sizes, lot width, landscape screening, fencing and the amenity center. Robert Wierschcm spoke regarding his concerns with water runoff, detention pond design and maintenance. Gordon Cameron e, President of Highland Meadows Homeowner's Association spoke against the proposed zoning case noting the applicant did not meet the association's goals. Ile stated that the goal's for the Homeowner's Association were to move the Amenity Center, increase lot sizes to the south to allow a transition to wider lot sizes, increase set backs on west and south perimeter lots to add evergreen screening allowing privacy instead of canopy trees. He also asked that wrought iron fencing material be used. Laura Lofton spoke in opposition to the proposed zoning case and showed a brief power point presentation. She spoke regarding her concerns with the Amenity Center location, lighting issues, increased traffic, lot widths, privacy issues if (2) two story homes are constructed, and the home values. John Dishong gave a brief power point presentation showing the adjacent land uses. He spoke regarding his concerns of lighting issues, lot sizes, widths, setbacks, Amenity Center location, fencing, and his preference of evergreen shrubs instead of proposed canopy trees. The following citizens did not wish to speak, but filled out a request form in opposition to the proposed case: Kirby Jones, Kent Waltershot, John Hendricks and Laura Scher. Council Member Wilson made a motion to close the public hearing. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0. After discussion, Deputy Mayor Pro Tem moved to deny the request to rezone rezone 9.6± acres, located on the west side of Coit Road, 200± feet south of Frontier Parkway, from Single Family -15 (SF -15) to Planned Development -Single Family (PD -SF). Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. 9. A public hearing to consider and discuss the Fiscal Year 2011-2012 Budget as proposed. Finance Director Matthew Garrett briefed Council 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 add an (2) two additional Utility Workers and a Water Utility Office Coordinator. Council Member Vogelsang made a motion to open the public hearing. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. There were no citizens present to speak in support and/or opposition of FY 2011-2012 Budget. Page 3 of 6 Council Member Wilson moved to close the public hearing. Motion seconded by Council Member Dixon. Motion approved by vote of 7-0. Council Member Wilson moved to approve the FY 2011-2012 Budget as presented. Motion seconded by Council Member Dixon. Motion approved by vote of 7-0. DEPARTMENT ITEMS 10. Discussion of SB 100 regarding options for municipal elections during even numbered years. Town Secretary Amy Piukana gave a brief power point presentation regarding Senate Bill 100. She explained the various options regarding contracting elections in even numbered years. Council feedback was generally in support of option 4 as presented, which is to contract with Denton County to conduct the May 2012 Municipal Election. 11. Consider and act upon Ordinance No. 11-58, amending the Town's residential building permit fee. Building Official Wayne Snell briefed Council regarding updating the Building Inspection Fee Schedule. He noted the fee schedule has not been updated in over eight years. He went over the International Code Council Permit Fee Table showing permit fees of neighboring cities. Jim Williams spoke regarding his concerns with rates to build in Prosper historically and compared recently pulled permit total costs to that of those expected if rates were to increase. Phil Crone representing Home Builders Association of Greater Dallas spoke in opposition stating the regional cost differences are too significant. Ile asked the Town to conduct a cost fee study to ensure fees set are in an amount reasonably related to the regulation and that it doesn't allow profit or revenue beyond the Town's cost. He noted that his organization supports a temporary fee increase, based on the Town's current $63.50 per square foot value. Matt Robinson President of Prosper Developers Council spoke in opposition asking that a comprehensive detailed fee study be done. He asked staff to provide an analyzed breakdown of direct cost indicating what the revenue would be used for. After discussion, Council Member Wilson moved to approve Ordinance No. 11-58, Comprehensive Fee Schedule for Building Permits/Inspection Fees amending the residential permit fees in the amount of $85.00 per square foot using the International Code Table. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 6-1, Council Member Benefield voting against. 12. Consider and discuss water and sewer rate increases, expected FY 2011-2012 shortfalls and future revenue requirements. Finance Director Matthew Garrett briefed Council and introduced Chris Ekrut, with J. Stowe & Company, who presented a brief power point presentation of the FY 2012 Rate Policy, revenue summary, water rate increases for residential and commercial users, sewer rate increase for residential and commercial users and the monthly impact to the average customer. Council instructed staff to develop the water and sewer rate ordinance for future Council consideration in accordance with the Consultant's rate recommendation. 13. Consider and discuss including approximately $450,000 of General Obligation debt along with the anticipated debt refunding issue. Finance Director Matthew Garrett briefed Council regarding the debt refunding issue. He explained that the Town's Financial Advisor recommended including Page 4 of 6 approximately $450,000 of General Obligation debt with the scheduled refunding. Approximately $320k is anticipated for Parks Equipment as authorized in Proposition 4 and $130k is being designated to cover a portion of land currently being discussed for a Public Works facility as authorized in Proposition 2. Council asked staff to provide a document showing a cost breakdown and details of the items. This item was discussed and no action was taken. 14. Consider and act upon Resolution No. 11-58 declaring the intent of the Town to reimburse expenditures pertaining to site acquisition for, and design costs of, a public works facility and expenditures for drainage improvements from proceeds of future debt obligations to be issued by the Town. Finance Director Matthew Garrett briefed Council regarding Resolution No. 11-58. Council Member Vogelsang moved to approve upon Resolution No. 11-58 declaring the intent of the Town to reimburse expenditures pertaining to site acquisition for, and design costs of, a public works facility and expenditures for drainage improvements from proceeds of future debt obligations to be issued by the Town. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0. EXECUTIVE SESSION Mayor Pro Tem Dugger made a motion to recess into executive session at 9:07 p.m. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0. 15. 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: a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located north of First Street, West of Preston, East of Dallas North Tollway, and South of Prosper Trail. b. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Mayor Pro Tem Dugger moved to reconvene into regular session. Motion seconded by Council Member Benefield. Motion approved by vote of 7-0. There was no action taken as a result of the closed session. Mayor Pro Tem Dugger moved to adjourn the meeting. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. 16. Adjourn -- Mayor Pro Tem Dugger moved to adjourn the meeting at 9:35 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. Ray Smith, iMayor Pap 5 of 6 ATTEST: Fown Secretary rl Page 6 offs