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08.13.2013 Town Council Minutes1. Call to Order/Roll Call. The meeting was called to order at 6:05 p.m. Council Members Present: Mayor Ray Smith Mayor Pro Tern Meigs Miller Deputy Mayor Pro Tem Kenneth Dugger Council Member Michael Korbuly Council Member Curry Vogelsang Council Member Danny Wilson Council Members Absent: Council Member Jason Dixon Staff Members Present: r-- Harlan Jefferson, Town Manager Robyn Battle, Town Secretary �..,, Terrence Welch, Town Attorney Ronnie Tucker, Fire Chief Chris Copple, Director of Development Services Will Mitchell, Parks and Recreation Manager Paul Naughton, Landscape Architect Michael Bulla, CIP Project Manager 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Mayor Pro Tern Miller led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of upcoming events. Council Member Wilson made the following announcements: The second annual Community Picnic will take place on Saturday, September 7 at Frontier Park from 5:00 to 8:00 p.m. The event will include free hot dogs and soft drinks until 6:00 p.m., bounce houses, games, music, and lots of fun activities for kids and families. An outdoor movie will begin at dusk. More information is available on the Town's website. Prosper's Parks and Recreation Department has opened registration for the Town's first adult softball league. Registration is open until August 30, and league play begins on September 9. Contact Will Mitchell, Parks and Recreation Manager, for more information. Page 1 of 6 The eastern connection of Prosper Trail and Preston Road will be closed from August 15-18. This closure will help to reduce disruptions to traffic during the upcoming school year. TxDOT has also redesigned the intersection to avoid an extended closure to two- way traffic. The Town Council thanked all of the board applicants who attended tonight's Meet & Greet, and extended their appreciation for their willingness to serve the community. Council Member Wilson congratulated the various Prosper Little League teams that had progressed in various regional tournaments. 4. 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.) 4a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting — July 23, 2013 4b. Consider and act upon approving the Agency Client Agreement for Fiscal Year 2013-2014 between the Town of Prosper and Zenitram and Associates, d.b.a. Municipal Voice. (HJ) 4c. Consider and act upon approving an Agreement with Collin County for the Provision of Firefighting and Fire Protection Services. (RT) 4d. Consider and act upon authorizing the Town Manager to execute a Fourth Amendment to the Preannexation Agreement between the Town of Prosper and TVG Texas I, LLC. (CC) 4e. Consider and act upon authorizing the Town Manager to execute an Encroachment on Easement Agreement within the limits of the La Cima Hike and Bike Trail property between the Town of Prosper and Oncor Electric Delivery Company. (PN) Deputy Mayor Pro Tern Dugger made a motion and Council Member Korbuly seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 6-0. 5. 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 "Speaker Request Form" and present it to the Town Secretary prior to the meeting.) Londyn Ogletree addressed the Council and spoke in support of completing the playground improvements to the neighborhood park at Preston Lakes. 6 There were no other Citizen Comments. Page 2 of 6 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: Town Manager Harlan Jefferson asked Mayor Smith to open the following two items: 6. Submission of the FY 2013-2014 Proposed Budget and Budget Message by the Town Manager. (HJ) 7. Consider and act upon a schedule for public hearings on the FY 2013-2014 Proposed Budget. (HJ) Mr. Jefferson presented these items before the Town Council. In accordance with the Town Charter and state law, the proposed budget has been officially submitted to the Town Council for review. It has been filed with the Town Secretary, and is also available for public view on the Town's website. The Town Charter and state law also require a public hearing on the proposed budget. The recommended dates for the public hearings are August 29, 2013, and September 10, 2013. These dates meet the requirements of the Local Government Code. Notice of the public hearings for the proposed budget will be published in the Prosper Press on August 21, 2013. Additionally, Michael Bulla, CIP Project Manager, provided a Capital Improvement Project update to all Council members. Mayor Smith recognized the following resident who requested to speak on this item: Phil Jones, 720 Whitney Court, Prosper, Texas, spoke in favor of completing the playground equipment improvements at the neighborhood park at Preston Lakes. Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tern Miller seconded the motion to schedule public hearings on the FY 2013-2014 Proposed Budget for August 29, 2013, at 6:00 p.m., and September 10, 2013, at 6:00 p.m., with each meeting taking place at the Prosper Municipal Chambers at 108 W. Broadway Street, Prosper, TX. The motion was approved by a vote of 6-0. Town Manager Harlan Jefferson asked Mayor Smith to open Items 8 through 12, and presented these items before the Town Council. He reviewed the anticipated collection rate for FY 2013-2014, as well as the collection rate for the previous five years. Prosper's tax rate in relation to tax rates of municipalities in the surrounding community were compared. Mr. Jefferson further explained anticipated revenue for the General Fund and the Interest and Sinking Fund for the proposed fiscal year. The current and proposed tax rate is $0.52 per $100 assessed valuation, which has remained the same for the sixth consecutive fiscal year. Mr. Jefferson reviewed the difference in revenue projections and the average tax levy for Prosper residents if the recommended tax rate is adopted, compared to the estimated levy if either the effective rate or the rollback rate were used. The total freeze adjusted taxable value on the 2013 appraisal roll, including Page 3 of 6 estimated values under protest, is $1,447,466,215. Once the tax rate is approved, the Town will be able to calculate its 2013 tax levy (i.e., property tax revenue). These funds will be used to cover operating and maintenance expenses as well as debt service. Because the Town's proposed tax rate of $0.5200 is higher than the effective tax rate of $0.491217 and the rollback rate of $0.463067, the Town would need to hold public hearings on the tax rate if the Town Council approves the recommended rate. Mr. Jefferson recommended the Council adopt the recommended tax rate and approve the related items. After discussion, the Town Council approved motions for each item. 8. Consider accepting the submission of the certified collection rate of 100 percent for the fiscal year beginning October 1, 2013, and ending September 30, 2014. (HJ) Mayor Pro Tern Miller made a motion and Council Member Korbuly seconded the motion to accept the submission of the certified collection rate of 100 percent for the fiscal year beginning October 1, 2013, and ending September 30, 2014. The motion was approved by a vote of 6-0. 9. Consider approval of Ordinance No. 13-45 establishing the 2013 certified appraisal roll. (HJ) Deputy Mayor Pro Tern Dugger made a motion and Council Member Wilson seconded the motion to approve Ordinance No. 13-45 establishing the 2013 certified appraisal roll. The motion was approved by a vote of 6-0. 10. Consider accepting the submission of the notice of an effective tax rate of $0.491217 per $100 assessed valuation and a rollback tax rate of $0.463067 per $100 assessed valuation for the fiscal year beginning October 1, 2013, and ending September 30, 2014. (HJ) Council Member Korbuly made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to accept the submission of the notice of an effective tax rate of $0.491217 per $100 assessed valuation and a rollback tax rate of $0.463067 per $100 assessed valuation for the fiscal year beginning October 1, 2013, and ending September 30, 2014. The motion was approved by a vote of 6-0. 11. Consider and act upon a proposed FY 2013-2014 property tax rate. (HJ) Deputy Mayor Pro Tern Dugger made a motion and Counci the motion to place a proposal to adopt a FY 2013-201 The following Council Members voted in favor of the motion: Mayor Ray Smith Mayor Pro TeTernMeigs Miller Deputy Mayor Pro Tern Kenneth Dugger Council Member Michael Korbuly Council Member Curry Vogelsang, Jr. Council Member Danny Wilson The motion was approved by a vote of 6-0. 4 Page 4 of 6 12. Consider and act upon a schedule for public hearings on the proposed FY 2013- 2014 tax rate. (HJ) Mayor Pro Tern Miller made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to set the public hearings on the proposal to increase total tax revenues and the proposed tax rate of fifty-two cents ($0.52) per one hundred dollars ($100) in valuation for August 29, 2013, at 6:00 p.m. and September 10, 2013, at 6:00 p.m., with each meeting taking place at the Prosper Municipal Chambers at 108 W. Broadway Street, Prosper, TX. The motion was approved by a vote of 6-0. 13. Consider and act upon an award of bid to Dickerson Construction Company, Inc., and authorize the Town Manager to execute a Construction Services Contract Agreement between Dickerson Construction Company, Inc., and the Town of Prosper related to construction services for the RaceTrac Offsite Water Line. (MB) CIP Project Manager Michael Bulla presented this item to the Town Council. On August 6, 2013, eleven bids were opened for the RaceTrac Offsite Water Line Project. This project extends the recently completed West Side Water Line approximately 6,000 linear feet from the northwest corner of Teel Road and U.S. 380 to the northwest corner of Gee Road and U.S. 380. Dickerson Construction was determined to be the lowest qualified bidder at $490,121.60. Due to the size and scope of this project, a contingency amount of $20,000.00 will be added to the lowest bid amount to ensure efficiency when dealing with varying quantities and unforeseen items during construction. Town staff recommended approval of this item. After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to award the bid to Dickerson Construction Company, Inc., in the amount of $510,121.60, and authorize the Town Manager to execute a Construction Services Contract Agreement between Dickerson Construction Company, Inc., and the Town of Prosper related to construction services for the RaceTrac Offsite Water Line. The motion was approved by a vote of 6-0. 14. 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: 14a. Section 551.087. To discuss and consider economic development incentives. 14b. 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. 14c. Section 551.074. To discuss appointments to the Planning & Zoning Commission, Parks & Recreation Board, Prosper Economic Development Corporation Board, Board of Adjustment, and Construction Board of Appeals. 14d. Section 551.071. Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. Page 5 of 6 14e. Section 551,071. Consultation with Town Attorney regarding legal issues associated with the case of David Lightfoot vs. Town of Prosper, Kirk McFarlin, Gary McHone and Amy Bockes. The Town Council recessed into Executive Session at 6:40 p.m. 15. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Regular Session was reconvened at 8:18 p.m. The following action was taken as a result of Executive Session: • Town staff was directed to proceed with the design of Cockrell Park without the addition of athletic field lighting. • Town staff was directed to contact Bill Hays of the Prosper Historical Society regarding a future proposal to be brought before the Town Council. 16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Proposed recreation programs Will Mitchell, Parks and Recreation Manager, updated the Town Council on the new adult softball league, a proposed tennis program, and a partnership with Prosper ISD for a Punt, Pass and Kick program to be implemented in Prosper's elementary schools. 17. Adjourn. Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tern Miller seconded the motion to adjourn the meeting at 8:27 p.m., on Tuesday, August 13, 2013. The motion was approved by a vote of 6-0. These minutes approved on the 27th day of August, 2013. APPROVED: Ray Smi h, Mayor Page 6 of 6