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05.28.2013 Town Council MinutesMINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, May 28, 2013 6:00 p.m. Regular Meeting Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:00 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 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 Frank Jaromin, Director of Public Works Matthew Garrett, Finance Director Terrence Welch, Town Attorney 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Mayor Smith announced that Zelia Alvarez, the Municipal Court Administrator, had died in a car crash earlier in the day, and asked that her family be remembered in the invocation. Pastor John Fowler of First Presbyterian Church of Prosper led the invocation. A local Boy Scout troop presented the colors and led the Pledge of Allegiance and the Pledge to the Texas Flag. 3. Proclamations. Mayor Smith presented the following Proclamation: 3a. Presentation of a Proclamation declaring May 28, 2013, as Cooper Anderson Day Page 1 of 6 4. Announcements of upcoming events. Mayor Pro Tern Miller made the following announcements: The Police Department is sponsoring a Bicycle Rodeo on June 1st from 10:00 a.m.—Noon at the north parking lot of Prosper High School. Registration is free. The event will offer free bicycle inspections, and information about proper bicycle maintenance and safety. "Friday at the Park" will take place once again on Friday, June 7'1', at Frontier Park Pavilion. This event features an outdoor movie, music, food and entertainment. Activities start at 6:30 p.m., and the movie "Escape From Planet Earth" will start at dusk. The splashground near the Windmill Playground at Frontier Park is now open for the summer months. The Town Council introduced and welcomed Terrence (Terry) Welch of the law firm of Brown & Hofineister as the new Town Attorney. Council Member Korbuly announced a donation drive for Little Axe, Oklahoma, and suggested that Prosper residents assist this community by dropping off donations on Saturday, June 1, from Noon until 5:00 p.m. at Wilson's barn on Coit Road. 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 meetings. (RB) • Regular Meeting —May 14, 2013 • Canvass of Election — May 20, 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) Mayor Pro Tern 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 6 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.) DEPARTMENT ITEMS: 7. Consider and act upon the election of a Mayor Pro Tem and Deputy Mayor Pro Tem. (RB) Council Member Vogelsang made a motion and Council Member Korbuly seconded the motion to elect Meigs Miller as Mayor Pro Tem and Kenneth Dugger as Deputy Mayor Pro Tem. The motion was approved by a vote of 7-0. 8. Consider and act upon 1) an award of bid to Quality Excavation, Ltd.; 2) a Construction Services Contract Agreement between Quality Excavation, Ltd., and the Town of Prosper, Texas, related to the construction services for improvements to Hays Road from Ridgewood Drive to Chandler Circle South; 3) adopting Resolution No. 13-33; and, 4) authorizing the Town Manager to execute same. (FJ) Council Member Dixon left the Council bench at 6:19 p.m. Public Works Director Frank Jaromin presented the item before the Town Council. This project is one of the road improvement projects recommended by the Bond Committee as a result of the May 14, 2011, Bond Election. Two bids were received, with Quality Excavation submitting the lower bid. Council asked questions regarding the reliability of the contractor, the width of the road, maintenance of the right-of-way, and the payment terms of the contract. Mr. Jaromin addressed questions from Council. Staff recommended approval of this item, with the inclusion of the alternate bid to include seven-inch concrete paving due to heavy construction traffic on Hays Road. After discussion, Deputy Mayor Pro Tem Dugger made a motion and Council Member Wilson seconded the motion to approve an award of bid to Quality Excavation, Ltd., to include the alternate bid for seven-inch concrete pavement; a Construction Services Page 3 of 6 Contract Agreement between Quality Excavation, Ltd., and the Town of Prosper, Texas, related to the construction services for improvements to Hays Road from Ridgewood Drive to Chandler Circle South; adopt Resolution No. 13-33; and authorize the Town Manager to execute same. The motion was approved by a vote of 6-0. 9. Consider and act upon 1) a Park Improvement Fee Agreement between Forestar Group, Inc., and the Town of Prosper, Texas, related to the park improvements in Lakes of Prosper, Phases 2C, 3, 4, 5, and 6; 2) adopting Resolution No. 13-34; and, 3) authorizing the Town Manager to execute same. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. There are several hike and bike trails within the Lakes of Prosper subdivision that have yet to be constructed. The terms of this proposed Park Improvement Fee Agreement stipulate the use of the park improvement fees generated by the remaining phases of the subdivision to pay for the actual design and construction of the remaining hike and bike trails within this subdivision. The Parks & Recreation Board recommended approval of this item at their meeting on May 9, 2013, and Town staff recommended approval of this item. After discussion, Council Member Wilson made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to approve a Park Improvement Fee Agreement between Forestar Group, Inc., and the Town of Prosper, Texas, related to the park improvements in Lakes of Prosper, Phases 2C, 3, 4, 5, and 6; adopt Resolution No. 13-34; and authorize the Town Manager to execute same. The motion was approved by a vote of 6-0. 10. Consider and act upon 1) a Landscape Architectural and Engineering Design Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of Cockrell Park; 2) adopting Resolution No. 13-35; and, 3) authorizing the Town Manager to execute same. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Freese and Nichols, Inc., will perform professional landscape architectural and engineering design services to include concept design and the development of complete construction documents for the proposed park improvements at Cockrell Park. Henry Hartshorn from Freese and Nichols was present to address Council's questions regarding the location of lighting, restrooms, and power lines. Mr. Webb explained that those concerns would be addressed as the construction plans are finalized. The Parks & Recreation Board recommended approval of this item at their meeting on April 11, 2013, and Town staff recommended approval of this item. After discussion, Council Member Wilson made a motion and Council Member Korbuly seconded the motion to approve a Landscape Architectural and Engineering Design Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of Cockrell Park; adopt Resolution No. 13-35; and authorize the Town Manager to execute same. The motion was approved by a vote of 6-0. Page 4 of 6 11. Consider and act upon 1) an application to the Collin County Parks & Open Space Project Funding Assistance Program; 2) adopting Resolution No. 13-36; and, 3) authorizing the Town Manager to execute same. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. The Collin County Parks & Open Space Project Funding Assistance Program uses County bond funds to assist local municipalities in the acquisition of land for parks, the construction of hike and bike trails, and for capital improvement to park land. The estimated design and construction costs for the improvements at Cockrell Park are $1,028,000. The Town of Prosper is requesting the maximum matching fund from Collin County of $500,000. The Parks & Recreation Board recommended approval of this item at their meeting on May 9, 2013, and Town staff recommended approval of this item. After discussion, Deputy Mayor Pro Tem Dugger made a motion and Mayor Pro Tem Miller seconded the motion to approve an application to the Collin County Parks & Open Space Project Funding Assistance Program; adopt Resolution No. 13-36; and authorize the Town Manager to execute same. The motion was approved by a vote of 6-0. 12. Consider and act upon the Fiscal Year 2013-2014 Budget Calendar and any related special meeting dates. (MG) Town staff has created a budget calendar that complies with the various laws governing municipal budgeting, truth in taxation and the Open Meetings Act. Town staff recommended that Council consider the proposed calendar and set the date for a Special Called Meeting required for a Public Hearing regarding the tax rate. After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro Tem Dugger seconded the motion to set the date for a Special Called Meeting regarding the tax rate for Thursday, August 29, 2013, at 6:00 p.m., to be held in Prosper Municipal Chambers. The motion was approved by a vote of 6-0. 13. EXECUTIVE SESSION: Deputy Mayor Pro Tem Dugger made a motion and Council Member Wilson seconded the motion to recess into Executive Session at 7:08 p.m. The motion was approved by a vote of 6-0. 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. Page 5 of 6 L 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 Korbuly seconded the motion to reconvene into Regular Session at 7:39 p.m. The motion was approved by a vote of 6-0. No action was taken as a result of Executive Session. 15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Prosper Frontier Park maintenance structure (Gator Barn). 16. Adjourn. Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tern Miller seconded the motion to adjourn the meeting at 7:41 p.m., on Tuesday, May 28, 2013. The motion was approved by a vote of 6-0. These minutes approved on the 11 th day of June, 2013. ATT ST: ; 6 Robyn attle, Town Secretary APPROVED: Ray Smit , Mayor v Page 6 of 6