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