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09.11.2018 Town Council Minutes2. 3 �t TOWN OF PEIR Prosper is a place where everyone matters. Call to Order/Roll Call. The meeting was called to order at 6:00 p.m. Council Members Present: Mayor Ray Smith Mayor Pro -Tem Curry Vogelsang, Jr. Councilmember Mike Korbuly Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Deputy Mayor Pro -Tem Jason Dixon MINUTES Meeting of the Prosper Town Council Prosper Town Hall Council Chambers 200 S. Main Street Prosper, TX 75078 Tuesday, September 11, 2018 Staff Members Present: Harlan Jefferson, Town Manager Terrence Welch, Town Attorney Robyn Battle, Town Secretary/P10 Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Megan Johnson, Health/Code Supervisor Leigh Johnson, IT Director Pete Anaya, Deputy Director of Engineering Services Dudley Raymond, Parks and Recreation Director Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director January Cook, Purchasing Agent Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Melissa Hatch with Prosper United Methodist Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. Announcements of recent and upcoming events. Councilmember Andres read the following announcements: The annual Community Picnic has been rescheduled to Saturday, September 29, from 4:00-7:00 p.m. in Frontier Park. Bethlehem Place will collect nonperishable food as part of their "Hunger Is No Picnic" food drive. Free hot dogs will be served by members of the Town Council, courtesy of Lighthouse Christian Fellowship Church. The Prosper Parks Page 1 of 8 4. 5. and Recreation Board and Prosper Ladies Association will serve desserts. Activities include a petting zoo, pony rides, inflatable games, slides, and face painting. Families are encouraged to bring lawn chairs, blankets, and picnic supplies to this annual community event. Several Prosper firefighters participated in the annual Dallas 9/11 Memorial Stair Climb on Saturday. Over 700 first responders climbed 110 floors in memory of those who served and died on September 11. This morning, the Prosper Fire Department hosted a Remembrance Ceremony here at Town Hall to honor the many lives lost in the September 11th tragedy. The Town of Prosper welcomed three new members this afternoon during a swearing-in ceremony. Officer Michael Alonso, Officer Preston Robinson, and Officer Wesley Mayeaux took their oaths of office just prior to tonight's Council meeting. Congratulations to the newest members of our Police Department. Residents are invited to join the fun at Prosper's Homecoming Parade, to be held on Wednesday, September 19, starting at 5:30 p.m. Come see a variety of floats representing Prosper's community and school groups at one of the Town's biggest Fall events. Mayor Pro -Tem Vogelsang invited the public to attend the next Library Leadership Series on September 20, where he will be the guest speaker. Presentations. • Presentation of a Proclamation to members of the Preston Ridge Chapter of the Daughters of the American Revolution declaring September 17-23, 2018, as Constitution Week. (RB) Mayor Smith presented the Proclamation to Beth Buck from the Preston Ridge Chapter of the Daughters of the American Revolution. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meetings. (RB) • Regular Meeting — August 28, 2018 5b. Consider and act upon Ordinance No. 18-68 approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation regarding the Company's 2018 rate review mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments; approving exhibits attached to establish benchmark for pension and retiree medical benefits, amortization of regulatory liability, and to reimburse ACSC for ratemaking expenses. (KN) Page 2 of 8 5c. Consider and act upon Ordinance 18-69 amending Section 6.04.002, "Adoption and Amendments of State Health Rules," of Chapter 6 "Health and Sanitation," of the Town's Code of Ordinances by amending Section 228.186 (o) of the Texas Food Establishment Rules by adding a variance provision permitting dogs on the patios of food establishments. (JW) 5d. Consider and act upon Ordinance 18-70 amending Section 4.10.004, "Signs," of Chapter 4, "Business Regulations," of the Town's Code of Ordinances regarding garage sale signs. (JW) 5e. 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. (AG) Mayor Pro -Tem Vogelsang made a motion and Councilmember Miller seconded the motion to approve all items 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 Meeting Appearance Card" 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 "Public Meeting Appearance Card" 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 an ordinance adopting the Fiscal Year 2018-2019 Annual Budget for the fiscal year beginning October 1, 2018, and ending September 30, 2019. (KN) Finance Director Kelly Neal presented this item before the Town Council. Approval of this item will appropriate funds for the FY 2018-2019 Budget. Prior to this meeting, the Town published the required newspaper notice, held a public hearing that included staff presentations about the budget, and gave interested taxpayers the opportunity to be heard by the Town Council. Councilmember Korbuly made a motion and Mayor Pro -Tem Vogelsang seconded the motion to approve Ordinance No. 18-71 adopting the Fiscal Year 2018-2019 Annual Page 3 of 8 Budget for the fiscal year beginning October 1, 2018, and ending September 30, 2019, as proposed. The Town Council members voted as follows: Councilmember Korbuly — approved Mayor Pro -Tem Vogelsang — approved Mayor Smith — approved Deputy Mayor Pro -Tem Dixon — absent Councilmember Andres — approved Councilmember Miller — approved Councilmember Hodges — approved The motion was approved by a vote of 6-0 Councilmember Korbuly made a motion and Councilmember Andres seconded the motion to ratify the property tax revenue increase as reflected in the Fiscal Year 2018-2019 Adopted Budget. The Town Council members voted as follows: Councilmember Korbuly — approved Mayor Pro -Tem Vogelsang — approved Mayor Smith — approved Deputy Mayor Pro -Tem Dixon — absent Councilmember Andres — approved Councilmember Miller — approved Councilmember Hodges — approved The motion was approved by a vote of 6-0 8. Consider and act upon an ordinance adopting the Town of Prosper 2018 Property Tax Rate; levying taxes for the fiscal year beginning October 1, 2018 and ending September 30, 2019, at a rate of $0.52 per One Hundred Dollars assessed value. (KN) Finance Director Kelly Neal presented this item before the Town Council. This item is to adopt the 2018 tax rate to generate sufficient revenues as required in the Adopted FY 2018-2019 Budget. The ordinance sets the 2018 ad valorem tax rate at $0.52 cents per $100 assessed valuation. Councilmember Miller made a motion and Councilmember Hodges seconded the motion to approve Ordinance No. 18-72 adopting the 2018 property tax rate of $0.52 per $100 of assessed valuation. The motion was approved by a vote of 6-0. 9. Consider and act upon a resolution adopting the Fiscal Year 2018-2019 Capital Improvement Program. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Town staff has prepared the Fiscal Year 2018-2019 Proposed Capital Improvement Program (CIP) for adoption by the Town Council. This program includes budgeted capital projects for the 2018-2019 fiscal year and major planned capital projects to 2028. Mr. Webb reviewed the proposed Street, Traffic, Parks, Facility, Water, Wastewater, and Drainage projects. Town Secretary Robyn Battle distributed an updated CIP report, which shows an additional $200,000 for the redesign of Coit Road. Page 4 of 8 Councilmember Andres made a motion and Councilmember Korbuly seconded the motion to approve Resolution No. 18-73 adopting the Fiscal Year 2018-2019 Capital Improvement Program. The motion was approved by a vote of 6-0. 10. Consider and act upon a resolution to enter into an exclusive franchise agreement with Community Waste Disposal, L.P. for the collection, hauling, recycling and disposal of municipal solid waste, construction and demolition waste, and recyclable materials in the Town of Prosper; and authorizing the Town Manager to execute same. Chuck Springer, Executive Director of Administrative Services, presented this item before the Town Council. The Town recently issued a Request for Proposals for Solid Waste Collection and Recycling Services. The proposals were rated by a committee of Town staff, and meetings were held with the two highest -ranked firms. Town staff's recommendation to negotiate a franchise agreement with Community Waste Disposal was discussed and approved during the August Town Council meetings. The new franchise agreement will become effective on February 1, 2019. The agreement maintains the current residential service levels and adds the additional services of a yard waste recycling program and twice a month drop-off bulk service. Jason Roemer with Community Waste Disposal confirmed the method used by CWD to determine annual rate increases, based on inflation. After discussion, Councilmember Miller made a motion and Councilmember Hodges seconded the motion to adopt Resolution No. 18-74 to enter into an exclusive franchise agreement with Community Waste Disposal, L.P. for the collection, hauling, recycling and disposal of municipal solid waste, construction and demolition waste, and recyclable materials in the Town of Prosper; and authorizing the Town Manager to execute same. The motion was approved by a vote of 6-0. 11. Presentation on Public Safety Complex Phase I, and consider and act upon authorizing the Town Manager to execute a Standard Form of Agreement between the Town and Pogue Construction Co., L.P., related to Construction Manager -At - Risk services for Town of Prosper Public Safety Complex Phase 1 (Police Station and Dispatch) Facility; an Addendum to the Standard Form of Agreement between the Town and the Construction Manager -At -Risk; and an Addendum to the General Conditions of the Contract for Construction. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Town staff is working with BRW Architects on the Design of the Town's new Public Safety Complex. Mr. Webb reviewed the results of the needs assessment to meet the space and operational needs for the Police Department through at least the year 2025. He also reviewed the proposed timeline for the project, which estimates the substantial completion date to occur in August 2020. The Enhanced Scheme design selected by the Town Council does not have a cost estimate yet; however, the Baseline Scheme is estimated at $10.5 million. The Council expressed concern with managing subcontractor costs and the ability of the Construction Manager -At -Risk (CMAR) to stay on schedule. Purchasing Agent January Cook replied that the Town does have some say over the subcontractors chosen for the project. Town Manager Harlan Jefferson noted that the Town has taken steps to increase the liqudated damages for which the CMAR will be liable in the event that the contract terms are not met. Ms. Cook also stated that the proposed contract limits the amount of time allowed for the architect to respond to requests for information by the CMAR. Page 5 of 8 After discussion, Mayor Pro -Tem Vogelsang made a motion and Councilmember Korbuly seconded the motion to authorize the Town Manager to execute a Standard Form of Agreement between the Town and Pogue Construction Co., L.P., related to Construction Manager -At -Risk services for Town of Prosper Public Safety Complex Phase 1 (Police Station and Dispatch) Facility; an Addendum to the Standard Form of Agreement between the Town and the Construction Manager -At -Risk; and an Addendum to the General Conditions of the Contract for Construction. The motion was approved by a vote of 6-0. 12. Discussion on Park Field User Fees (DR) Parks and Recreation Director Dudley Raymond presented this item before the Town Council. Over the past year, the Town Council and the Parks and Recreation Board have discussed the need to assess an additional fee for non-residents, to help offset the cost of construction and maintenance of fields. After discussions with Town staff and the Parks and Recreation Board, the PYSC voted to recommend to the Parks and Recreation Board a three-tier system, per participant, per season. At the August 9, 2018, Parks and Recreation Board meeting, the Board made the following recommendation: the Park Field User Fee be altered to establish a three-tier fee (per participant, per season): o Town residents pay $10; o Non-residents, enrolled in the PISD pay $30; and o Non-residents, not enrolled in the PISD pay $50. language be added to clarify the rental rate for co-sponsored teams; and a requirement be added that users be assessed the full fee amount based on residency. The Town Council concurred with the recommendation. Town staff will bring forward an ordinance amending the Town's fee schedule at a future meeting. No further action was taken. 13. 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: 13a. Section 551.087 — To discuss and consider economic development incentives. 13b. Section 551.072 — To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 13c. 551.074 — To discuss and consider employment of Municipal Judge and all matters incident and related thereto. 13d. Section 551.074 — To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. The Town Council recessed into Executive Session at 7:08 p.m. Page 6 of 8 14. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 9:05 p.m. Councilmember Miller made a motion and Councilmember Korbuly seconded the motion to appoint the following individuals to the Town's Boards and Commissions: BOARD NAME TERM APPOINTEE EXPIRES BOARD OF ADJUSTMENT / CONSTRUCTION BOARD OF APPEALS Place No. 2 09-30-2020 John Borden Place No. 4 09-30-2020 Cliff Freeman Place No. 5 09-30-2019 Norma Hutchins Place No. 6 09-30-2020 CJ Alexander ECONOMIC DEVELOPMENT CORPORATION Place No. 5 09-30-2021 Reno Jones Place No. 6 09-30-2021 Jordan Simms Place No. 7 09-30-2021 Don Perry LIBRARY BOARD Place No. 2 09-30-2020 Rhonda Thomas Place No. 4 09-30-2020 Bobbi Parry Place No. 6 09-30-2020 Karey Pustejovsky PARKS AND RECREATION BOARD Place No. 2 09-30-2020 Gina Kern Place No. 4 09-30-2020 Rick McGrath Place No. 6 09-30-2020 Shannon Crawford PLANNING AND ZONING COMMISSION Place No. 2 09-30-2020 Sarah Peterson Place No. 4 09-30-2020 Joe Grinstead Place No. 6 09-30-2020 Chris Long Page 7 of 8 The motion was approved by a vote of 6-0. 15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. ILA with PISD re: Legacy Elementary School Playground & Trail. (DR) Parks and Recreation Director Dudley Raymond briefed the Council on the terms of a proposed ILA with PISD. The agreement will be brought forward for Council consideration at a future meeting. 16. Adjourn. The meeting was adjourned at 9:17 p.m., on Tuesday, September 11, 2018. These minutes approved on the 25th day of September 2018. `�ti� pF •P,+ X41. APPROVED: Y Ra Smit ,Mayor *� Robyn Biti e, 'mown Secretary Page 8 of 8