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09.13.2011 Town Council Minutes11 1 I. 2. TOS WN OF F PETS. Prosper is a place where e►,eryone matters. Call to Order / Roll Call. MINUTES Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Prosper, TX 75078 Tuesday, September 13, 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; Matthew Garrett, Finance Director; Wade Harden, Senior Planner Parks & Recreation; Michael Bulla, CIP Project Manager. The Invocation was given by Pastor John Fowler with Prosper United Methodist Church. 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 Prosper ISD's Annual Homecoming Parade is Wednesday, September 14, 2011 from 6 p.m.- 7 p.m. Mr. Land also announced the north bound ramp at 380 will open Monday September 19, 2011. He noted the Town Clean Up is coming up the first week in October and that Clarice Tinsley with Channel 4 News is interviewing Prosper Student Sarah Felan regarding the Clothe a Child Program. Mr. Land noted the Little League World Champion team will be recognized at a future meeting. 4. Chris Blair gave a brief update regarding the Upper Trinity Regional Water District. Mr. Blair urged the Town Council to consider adoption of a resolution of support for the regional watershed program. The program recognizes the urgency of preserving important watershed assets. Next Item Discussed was Item 13(b) Executive Session. Mayor Pro Tem Dugger moved to recess into Executive Session for item 13b. at 6:27 p.m. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0. Recessed into Closed Session in compliance with Section 551.001 et. scq. 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: b. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the First Street/Coit Road Improvements project. Pagel of 5 Mayor Pro Tem Duggcr made a motion to reconvene into Open Session at 6:41 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0. Mayor Pro Tem Dugger made a motion to authorize the Town Attorney to prepare a notice of termination of the Weir Bros. contract, for cause, which is in addition to the previously tendered notice of abandonment of the First Street/Coit Road Improvements project by Weir, and to pursue any and all remedies available to the Town, including but not limited to, instituting litigation against the Contractor and/or Surety under the contract documents, bonds and/or law. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0. 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 made a motion to pull item 5(d) off the consent agenda to discuss. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0. 5d. Consider and act upon change order #2 to Walker Partners, LLC, for the engineering design services for the Wilson Creek Tributary Wastewater Interceptor. Development Director Hulon Webb briefed Council regarding the change order and what is provided. After discussion, Mayor Smith made a motion to approve item 5(d), as presented. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0. MINUTES, RESOLUTIONS AND OTHER ITEMS 5a. Consider and act upon minutes from the following Council meeting (AP) • August 23, 2011 — Regular Town Council Meeting 5b. Consider and act upon an Interlocal Cooperative Purchasing authorizing the Town of Prosper to enter into Agreement with the City of Fort Worth to avoid duplicate procurement efforts and take advantage of volume purchasing discounts. (MG) 5c. Consider and act upon Resolution No. 11-60, calling for a public hearing on Tuesday, October 25, 2011 on the Water, Wastewater, & Roadway Impact Fee, Land Use Assumptions, and Capital Improvements Plan. (CC) 5e. Consider and act upon an Impact Fee and Development Agreement between CrossMac Investments, LLC and the Town of Prosper. (HW) Page 2 of 5 5f. 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(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) Deputy Mayor Pro Tem Dugger moved to approve Consent Items 5(a), 5(c), 5(c), 5(f), as presented. Motion seconded by Council Member Wilson. 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.) 6. Other Comments by the Public — Resident Mike McClung spoke in appreciation to Development Services Department for installing sidewalks and a crosswalk in the Lakes of LaCima Community to help improve safety of children walking and riding bikes to and from Folsom Elementary School. 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 Ordinance No. 11-61, increasing and modifying Water and Wastewater fees and rate structures. Finance Director Matthew Garret briefed Council regarding this item. Mayor Pro Tem Dugger made a motion to open the Public Hearing. Motion seconded by Council Member Benefield. Motion approved by vote of 7-0. There was no one present to speak in support and/or opposition during the Public Hearing. Mayor Pro Tem Dugger made a motion to close the Public I Iearing. Motion seconded by Council Member Vogelsang, Jr. Motion approved by vote of 7-0. Mayor Pro Tem Dugger made a motion to approve Ordinance No. 11-61, increasing and modifying Water and Wastewater fees and rate structures, as presented. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0. DEPARTMENT ITEMS 8. Consider and act upon Ordinance No. 11-59, adopting the Fiscal Year 2011-12 Budget, setting appropriations for the Fiscal Year beginning October 1, 2011 and ending September 30, 2012. Town Manager Mike Land briefed Council regarding this item. Town Manager Land presented Council a summary comparison of in house park maintenance vs. outsourcing. Page 3 of 5 After discussion, Mayor Pro Tem Dugger moved to approve Ordinance No. 11-59, adopting the Fiscal Year 2011-12 Budget, for the Fiscal Year beginning October 1, 2011 and ending September 30, 2012 as proposed and filed by the Town Manager with the following adjustments: Adding or adjusting post -proposal change items listed and attached to this agenda item and adding $15,905 to the General Fund Administration contingency line item, setting a balanced budget with expected revenues equal to approved appropriations. Motion seconded by Council Member Dixon. Motion approved by vote of 7-0. 9. Consider and act upon Ordinance No. 11-62, adopting the Town of Prosper 2011 Property Tax Rate. Town Manager Mike Land briefed Council regarding this item. Council Member Dixon moved to approve Ordinance No. 11-62, setting the tax rate, adopting a total tax rate of fifty two (52) cents per $100 assessed valuation, which is the current rate and less than both the effective and rollback tax rates. This includes 31.6937 cents for Maintenance and Operations and 20.3063 cents for Debt Service. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 7-0. 10. Consider and act upon Ordinance No. 11-63 to ratify the property tax revenue increase reflected in the Fiscal Year 2011-12 Adopted Budget as required under Section 102.007(c) of the Local Government Code. Town Manager Mike Land was present to answer any questions. Deputy Mayor Pro Dugger made a motion to approve Ordinance No. 11-63 ratifying the property tax revenue increase as reflected in the FY Budget 2011-2012. Motion seconded by Council Member Benefield. Motion approved by vote of 7-0. 11. Consider and act upon all matters incident and related to the issuance and sale of the Town of Prosper General Obligation Refunding and Improvement Bond Series 2011, adopting Ordinance No. 11-64 authorizing the issuance of such bonds, approving an Official Statement, a Bond Purchase Agreement, a Paying Agent/Registrar Agreement, an Escrow Agreement and an engagement letter of Bond Counsel. Finance Director Matthew Garrett introduced Jason Hughes with First Southwest who gave a summary of the Series 2011 Bond Issuance, Debt Service Schedule, Pricing Summary and the Aa3 Moody's Investor rating for the Town. After discussion, Council Member Vogelsang, Jr. made a motion to approve Ordinance No. 11-64 authorizing the issuance and sale of Town of Prosper General Obligation Refunding and Improvement Bond Series 2011 and approving all matters incident thereto. Motion seconded by Council Member Benefield. Motion approved by 7-0. 12. Consider and act upon adopting Ordinance No. 11-65 amending Ordinance No. 11-52 Comprehensive Parks Ordinance. Senior Parks and Recreation Planner Wade Harden briefed Council regarding term limits of office for appointed Park Board Members. Council Member Vogelsang, Jr. made a motion to adopt the proposed amendment to the Comprehensive Parks Ordinance Section 4(c) allowing the term of office of each member be two (2) years. Motion seconded by Council Member Benefield. Motion approved by vote of 7-0. Page 4 of 5 Mayor Pro Tem Dugger made a motion to recess into Executive Session at 7:37 p.m. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0. 13. EXECUTIVE SESSION 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. c. Section 551.087. To deliberate regarding an Economic Development Incentive of property located south of Prosper Trail, West of Custer, east of Dallas North Tollway and north of Highway 380. d. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Deputy Mayor Pro Tem Miller made a motion to reconvene into Open Session at 7:59 p.m. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0. No action was taken from Executive Session. 14. Adjourn — With no further business, Deputy Mayor Pro Tem Miller made a motion to adjourn. Motion seconded by Council Member Benefield. Motion approved by vote of 7-0. The meeting adjourned at 8:04 p.m. ATTEST: Amy M kana, TRMC 'Down Secretary Ray Smith, Mayor Page 5 of 5