Loading...
09.24.2013 Town Council MinutesPi MINUTES Regular Meeting of the OWN OF Prosper Town Council Prosper Municipal Chambers 5-1 108 W. Broadway, Prosper, Texas S P '1W __':' 'W' X Tuesday, September 24, 2013 Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:12 p.m. Council Members Present: Mayor Ray Smith Mayor Pro Tern Meigs Miller Deputy Mayor Pro Tern Kenneth Dugger Council Member Michael Korbuly Council Member Curry Vogelsang Council Member Danny Wilson Council Member Jason Dixon Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary Terrence Welch, Town Attorney Hulon T. Webb, Jr., Executive Director of Development and Community Services Chris Copple, Director of Development Services Kirk McFarlin, Police Chief Ronnie Tucker, Fire Chief Baby Raley, Human Resources Director Robert Winningham, PEDC Executive Director January Cook, Purchasing Agent Will Mitchell, Parks & Recreation Manager Linda Shaw, Librarian 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Doug Kriz led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of upcoming events. Council Member Korbuly made the following announcements: The Town would like to welcome all residents, Town employees and builders to Frontier Park on September 25, 2013, at 10:00 a.m., for a demonstration by the State of Texas Plumbing Board of Examiners on backflow and cross -connections to educate the community about the dangers of cross contamination in our water systems. On Tuesday, October 1, from 6:00-9:00 p.m., residents are encouraged to participate in National Night Out by spending the evening outside with neighbors and police. This annual event was created to heighten awareness and strengthen participation in local Page 1 of 8 anticrime efforts. Contact Officer Marty Nevil at the Prosper Police Department for more information or to schedule a block party. Senior Citizen residents are invited to attend a Senior Luncheon with the Mayor on Wednesday, October 2, from 11:30 a.m.-1:00 p.m. in Prosper Municipal Chambers. Please RSVP by September 25. Contact Kelly Vanaman at Town Hall for more information or to RSVP. The Prosper Fire Department will host an Open House on Saturday, October 5, from 11:00 a.m.-2:00 p.m. to kick off Fire Prevention Week. The public is invited to come and enjoy hot dogs, water games and other fun activities with Prosper's firefighters. The Cory Ausenbaugh Memorial 5k and 1 Mile Fun Run will be held on Saturday, October 12, at Frontier Park. Registration begins at 8:00 a.m. Proceeds will benefit the Cory Ausenbaugh Memorial Scholarship Foundation for a deserving Prosper High School Senior who is pursuing a degree in education. Contact Assistant Fire Chief Stuart Blasingame for more information. The Prosper Chamber of Commerce will hold its annual banquet on Tuesday, October 15, from 6:30-8:30 p.m. at Gentle Creek Golf Club. Collin County Commissioner Matt Shaheen is the guest speaker, and an awards ceremony honoring outstanding Chamber members will be held at the end of the evening. Tickets are available online at www.pros perchamber.orq The community is invited to join the fun at Prosper's Homecoming Parade, to be held on Wednesday, October 16, starting at 5:30 p.m. Come see a variety of floats and participants from community and school groups at one of Prosper's biggest Fall events. 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.) Council Member Vogelsang asked that Items 4g, 4h, and 4i be removed from the Consent Agenda. Council Member Dixon asked that Item 4d be removed from the Consent Agenda. 4a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting — September 10, 2013 4b. Consider and act upon Ordinance 13-49, rezoning 5.0± acres, located on the west side of Preston Road, 400± feet north of Broadway Street, from Commercial (C) to Planned Development -Retail (PD-R). (Z13-0013). (CC) 4c. Consider and act upon Ordinance 13-50, rezoning 135.0± acres, located on the west side of Preston Road, 1,200± feet south of Frontier Parkway, from Agricultural (A) to 127.0± acres of Single Family-12.5 (SF-12.5) and 8.0± acres of Office (0). (Z13-0014). (CC) Page 2 of 8 4e. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for Geographic Information System (GIS) Services between the Town of Prosper and the City of Frisco. (CC) 4f. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for Librarian Services between the Town of Prosper and City of Celina. (HW) 4j. Consider and act upon Resolution 13-54, designating The Prosper Press as the official newspaper of the Town of Prosper for Fiscal Year 2013-2014. (RB) 4k. Receive the Quarterly Investment Report for the quarter ending June 30, 2013. (BB) Mayor Pro Tern Miller made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to approve Items 4a, 4b, 4c, 4e, 4f, 4j and 4k on the Consent Agenda. The motion was approved by a vote of 7-0. 4d. 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) Chris Copple, Director of Development Services, answered questions regarding recommendations made by the Planning & Zoning Commission for this item. After discussion, Council Member Dixon made a motion and Council Member Wilson seconded the motion to approve Item 4d. The motion was approved by a vote of 7-0. 4g. Consider and act upon Resolution 13-51, delegating the authority to the Town's Purchasing Agent to determine the best method of procurement for the purchase of goods and services, subject to limitations, as stated herein. (JC) January Cook, Purchasing Agent, and Harlan Jefferson, Town Manager, answered questions regarding the role of the Purchasing Agent, Town Manager and Town Council in the procurement process. Ms. Cook distinguished between the different procurement methods the Town uses. After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro Tem Dugger seconded the motion to approve Item 4g. The motion was approved by a vote of 7-0. 4h. Consider and act upon Resolution 13-52 approving rules for the electronic receipt of bids or proposals. (JC) January Cook, Purchasing Agent, answered questions about state requirements for electronic receipt. Ms. Cook responded that the required software system was proposed in the FY 2013-2014 Budget, and it will be implemented once approved. After discussion, Council Member Vogelsang made a motion and Council Member Korbuly seconded the motion to approve Item 4h. The motion was approved by a vote of 7-0. Page 3 of 8 4i. Consider and act upon Ordinance 13-53, amending Chapter 1 of the Code of Ordinances of the Town of Prosper, Texas, authorizing the Town Manager to execute contracts, change orders, and interlocal agreements, subject to limitations. (JC) January Cook, Purchasing Agent, and Harlan Jefferson, Town Manager, answered questions regarding dollar limits and procedures for change orders and Interlocal Agreements (ILAs). Council Member Vogelsang requested that the Town Council receive notification of any change orders and ILAs. After discussion, Council Member Vogelsang made a motion and Council Member Korbuly seconded the motion to approve Item 4i. The motion was approved by a vote of 7-0. 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.) 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.) PUBLIC HEARINGS: 6. Consider and act upon Ordinance 13-55, adopting the Fiscal Year 2013-2014 Annual Budget for the fiscal year beginning October 1, 2013, and ending September 30, 2014, and approving certain amendments to the Fiscal Year 2012- 2013 Annual Budget. (HJ) Harlan Jefferson, Town Manager, presented this item before the Town Council. Mr. Jefferson reviewed the changes to the proposed FY 2013-2014 budget and the amendment for the FY 2012-2013 budget. Mayor Smith recognized the following individual who requested to speak: Ken Weaver, 1480 Beacon Hill Drive, Prosper, expressed his disappointment that additional police officers were not included in the proposed budget. He urged Council to reconsider and add funding for three police officers and one sergeant to the FY 2013- 2014 proposed budget. Mayor Pro Tern Miller made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to approve an ordinance adopting the Fiscal Year 2013-2014 Annual Budget for the fiscal year beginning October 1, 2013, and ending September 30, 2014, as Page 4 of 8 proposed, and approving certain amendments to the Fiscal Year 2012-2013 Annual Budget. Mayor Smith called the roll, and Council Members responded as follows: Council Member Dixon — approved Council Member Wilson —approved Council Member Vogelsang — approved Deputy Mayor Pro Tern Dugger — approved Mayor Smith — approved Mayor Pro Tern Miller — approved Council Member Korbuly — approved The motion was approved by a vote of 7-0. Deputy Mayor Pro Tern Dugger made a motion and Council Member Korbuly seconded the motion to ratify the property tax revenue increase as reflected in the Fiscal Year 2013-2014 Adopted Budget. Mayor Smith called the roll, and Council Members responded as follows: Council Member Dixon — approved Council Member Wilson — approved Council Member Vogelsang — approved Deputy Mayor Pro Tern Dugger — approved Mayor Smith — approved Mayor Pro Tern Miller — approved Council Member Korbuly — approved The motion was approved by a vote of 7-0. 7. Consider and act upon Ordinance 13-56, adopting the Town of Prosper 2013 Property Tax Rate. (HJ) Harlan Jefferson, Town Manager, presented this item before Council. The proposed tax rate is $0.52 per $100 assessed valuation, which will be the eighth consecutive year the Town has maintained this tax rate. The Town has held all required public hearings and published all required notices. After discussion, Deputy Mayor Pro Tern Dugger made a motion and Council Member Korbuly seconded the motion that the property tax rate be increased by the adoption of a tax rate of $0.52 per $100 assessed valuation, which is effectively a 5.86 percent increase in the tax rate. Mayor Smith called the roll, and Council Members responded as follows: Council Member Dixon — approved Council Member Wilson — approved Council Member Vogelsang — approved Deputy Mayor Pro Tern Dugger — approved Mayor Smith — approved Mayor Pro Tern Miller — approved Council Member Korbuly — approved The motion was approved by a vote of 7-0. Page 5 of 8 8. Discussion on the Town Council strategic goal: Develop a plan to accommodate growth in youth sports and Town recreation programs. (WM) Will Mitchell, Parks & Recreation Manager, presented this item before Council. At the August 27, 2013, Town Council meeting, staff presented Council with two models of centralization for the Town's youth sports associations; a Single Sports Organization model, and a Board of Directors model. Staff was directed to collect information on the organizational structure of the recognized sports organizations, as well as their financial information. Mr. Mitchell reviewed the information that was collected. Town staff recommends a Board of Directors model, to be known as the Prosper Youth Sports Commission (PYSC), with delegates from each of the Town's recognized youth sports leagues serving as members of the Board, in addition to other members deemed necessary by the Board. The PYSC would be the governing body of all recognized youth sports leagues in the Town. Mr. Mitchell provided a proposed amendment to the existing ordinance that would create the PYSC. Council discussed the proposed structure, duties, and membership of the Board, and the financial information provided by the sports organizations. Staff was directed to make further modifications to the proposed Board structure to address the Town Council's concerns. Mayor Smith recognized the following individual who requested to speak: Jack Dixon, 810 Long Valley Court, Prosper, recommended that the bylaws of the PYSC include stipulations prohibiting inappropriate behavior by the organization regarding political campaigns. Additionally, he stressed the importance of current background checks for any adults who are involved in youth organizations. 9. Discussion on the Fire Station Citizen Committee. (RT) Fire Chief Ronnie Tucker presented this item before Council. Chief Tucker provided recommendations on the structure, duties, and membership of a proposed ad hoc committee to assist in finding the best location for a fire station in the northeast portion of Prosper. Chief Tucker reviewed the need for a fire station in the area due to decreased response time and ISO rating. The Town Council discussed the need for a committee specifically for the northeast area. Chief Tucker responded that because the fire station will be built in a neighborhood that is already developed, it is difficult to find a location that is acceptable to area residents, and that involving the residents in the decision making process may help in finding the most appropriate location. Fire station locations are usually determined through a recommendation by ISO consultants and Town staff. Council expressed concerns whether a consensus could be reached by the committee. Town staff was given direction to pursue creation of the ad hoc committee; however, if a consensus cannot be reached, the Council will ultimately make a decision based on the recommendation of the Fire Chief. Once the committee is created, Town staff will return with a recommendation for Council to appoint committee members. Deputy Mayor Pro Tern Dugger made a motion and Council Member Vogelsang seconded the motion to create an ad hoc committee to assist with finding the best location for a Fire Station to help cover the northeast portion of Prosper. The motion was approved by a vote of 7-0. 10. Consider and act upon appointments to fill expiring terms and vacancies on the following Boards and Commissions: Board of Adjustment/Construction Board of Page 6 of 8 Appeals, Parks and Recreation Board, Planning and Zoning Commission, and Prosper Economic Development Corporation. (RB) Mayor Pro Tern Miller made a motion and Deputy Mayor Pro Tern Dugger seconded the motion to appoint the following individuals to fill expiring terms and vacancies on the following Town Boards and Commissions: Board of Adjustment/Construction Board of Appeals Place 1 — Steve George Place 5 — Tracy Kirl Parks & Recreation Board Place 1 — Barbara Cottone Place 3 — Drake Dunn Place 5 — Craig Andres Place 7 — Mandy Goddard Planning & Zoning Commission Place 1 — Bruce Carlin Place 3 — Craig Moody Place 5 — George Dupont Place 7 — Mike McClung Prosper Economic Development Corporation Place 1 — Roger Thedford Place 3 — Jim Wicker The motion was approved by a vote of 7-0. Mayor Smith skipped to Item 12. 12. 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: 12a. Section 551.087. To discuss and consider economic development incentives. 12b. 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. 12c. Section 551.074. To discuss appointments to the Board of Adjustment(Construction Board of Appeals, Parks and Recreation Board, Planning and Zoning Commission, and Prosper Economic Development Corporation. The Town Council recessed into Executive Session at 7:28 p.m. 13. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 7 of 8 The Regular Session was reconvened at 8:09 p.m. No action was taken as a result of Executive Session. DEPARTMENT ITEMS: 11. Tabled Item: Consider and act upon approving an office lease for municipal offices between MSW Prosper 380, LP, and the Town of Prosper; and authorizing the Town Manager to execute same on behalf of the Town. (HJ) Mayor Smith recognized the following individuals who requested to speak: Irwin "Cap" Parry, 850 Kingsview Drive, Prosper, spoke in opposition to this item. He urged Council to pursue options for a new Town Hall to be located downtown, including purchasing land, or using land that has been dedicated or already owned by the Town. Jack Dixon, 810 Long Valley Court, Prosper, spoke in opposition to this item, noting the length of the lease, and the amount of money that would be spent on leasing. He recommended the Town build a new Town Hall in the downtown area as a catalyst for redevelopment of downtown, and urged the Town Council to involve the Town residents in the decision. Ken Weaver, 1480 Beacon Hill, Prosper, spoke in opposition to this item and provided a handout of his comments to the Town Council. Mr. Weaver urged Council to build a Town Hall in the downtown area, rather than lease. He expressed concern with the terms of the proposed lease and offered recommendations. Deputy Mayor Pro Tern Dugger made a motion and Mayor Pro Tern Miller seconded the motion to table Item 11. The motion was approved by a vote of 7-0. 14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 15. Adjourn. Council Member Vogelsang made a motion and Council Member Dixon seconded the motion to adjourn the meeting at 8:20 p.m., on Tuesday, September 24, 2013. The motion was approved by a vote of 7-0. These minutes approved on the 8th day of October, 2013. ATrV Robyn Balle, Town Secretary APPROVED: CZAZ- Ray SmiIh, Mayor Page 8 of 8