10.22.2013 Town Council Minutes�t
TOWN
P
MINUTES
Regular Meeting of the
O F Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
E Tuesday, October 22, 2013
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
Deputy Mayor Pro -Tern Kenneth Dugger
Council Member Michael Korbuly
Council Member Curry Vogelsang
Council Member Danny Wilson
Council Member Jason Dixon
Council Members Absent:
Mayor Pro-Tem Meigs Miller
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
Kent Austin, Finance Director
Will Mitchell, Parks & Recreation Manager
Paul Naughton, Landscape Architect
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Greg McNeese of Prestonwood Baptist Church led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Council Member Dixon made the following announcements:
Early voting for the Constitutional Amendment election will continue through November
1, and Election Day is Tuesday, November 5. Prosper Municipal Chambers is an Early
Voting site for Collin County residents only. Voters in Denton County and Collin County
are encouraged to check the Town website, or the appropriate county website, for
polling locations, dates and hours.
The Friends of Prosper Community Library and Library staff will host a pumpkin painting
party which includes creative activities for children in Pre-K to fourth grade on October
26 from 10:45 a.m. to 12:30 p.m. at the Community Library.
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Cornerstone North Central Texas is holding their Vision Dinner and Silent Auction this
Saturday, October 26, at Prosper High School starting at 6:30 p.m. The organization is
a non -denominational, faith -based association of groups and individuals who help
families break the cycle of poverty. Tickets are available online at
www. cornerstonenct. orq.
Town staff is partnering with PISD on the NFL Punt, Pass, and Kick program. Winners
at the school level will advance to a sectional competition hosted by the Parks and
Recreation Department on October 28 at the high school stadium. The top five "1st
Place" boys and girls in each age group will advance to compete at AT&T Stadium and
be recognized during the Cowboys/Packers game on December 15. Winners at the team
championship level have a chance to advance to the national competition held at a
playoff game.
An educational presentation on free trade will be hosted by the Prosper Tea Party at
Gentle Creek Golf Club on November 5, from 7:00-8:30 p.m. The presentation is free
and open to the public. Kelly Cooper, 771 Texana Drive, provided additional details
about the upcoming event, and about current U.S. free trade agreements.
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.)
Deputy Mayor Pro-Tem Dugger requested that Item 4b be removed from the Consent
Agenda.
4a. Consider and act upon minutes from the following Town Council meeting. (RB)
• Regular Meeting — October 8, 2013
4c. Consider and act upon canceling the November 26, 2013, and the December 24,
2013, Prosper Town Council meetings. (RIB)
4d. Receive the August 2013 Financial Report. (KA)
Deputy Mayor Pro-Tem Dugger made a motion and Council Member Korbuly seconded
the motion to approve Items 4a, 4c, and 4d. The motion was approved by a vote of 6-0.
4b. 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)
After a brief discussion on driveway and median alignment and locations, Deputy Mayor
Pro-Tem Dugger made a motion and Council Member Korbuly seconded the motion to
approve Item 4b. The motion was approved by a vote of 6-0.
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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.)
DEPARTMENT ITEMS:
6. Consider and act upon an ordinance approving a negotiated resolution between
the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid -Tex
Division, regarding the Company's 2013 annual rate review mechanism filing in all
cities exercising original jurisdiction. (KA)
Kent Austin, Finance Director, presented this item before the Town Council. Earlier this
year, Atmos filed a Rate Review Mechanism (RRM) application with Atmos Cities
Steering Committee (ACSC) member cities to increase rates by $22.7 million system-
wide. ACSC consultants and counsel analyzed the request and negotiated a $16.6
million increase. The impact on the average residential gas bill is estimated to be less
than $1 per month. The rate review is an annual process, and Atmos reimburses
member cities for expenses related to rate negotiation. John Manganilla, Manager of
Public Affairs for Atmos Energy Corporation, was present to answer questions from the
Town Council. He explained that the rate increase is a capital cost recovery mechanism
due to infrastructure system improvements.
After discussion, Council Member Korbuly made a motion and Council Member Wilson
seconded the motion to approve a negotiated resolution between the Atmos Cities
Steering Committee and Atmos Energy Corporation, Mid -Tex Division, regarding the
Company's 2013 annual rate review mechanism filing in all cities exercising original
jurisdiction. The motion was approved by a vote of 6-0.
7. Consider and act upon a resolution accepting and approving the 2013 Tax Roll.
(KA)
Kent Austin, Finance Director, presented this item before the Town Council. State law
requires the Town Council to approve the Appraised Roll with tax amounts entered by
the Tax Assessor. The 2013 Tax Roll Summary indicates that the Town has $1.5 billion
of taxable property. After applying the $.52 tax rate, the Town's total tax levy is
approximately $7.9 million.
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After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro -
Tern Dugger seconded the motion to approve a resolution accepting and approving the
2013 Tax Roll. The motion was approved by a vote of 6-0.
8. Consider and act upon a resolution updating the Town authorized signers list.
(KA)
Kent Austin, Finance Director, presented this item before the Town Council. Due to
changes in staff positions, it is necessary to update the list of authorized individuals to
conduct electronic funds transfers (ACH and wire transfers) and access the TexPool and
TexSTAR local government investment pools. Mr. Austin reviewed the list of authorized
signers and explained the controls that are being put in place to ensure that the transfer
of electronic funds is done appropriately.
After discussion, Council Member Wilson made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve a resolution updating the Town authorized
signers list. The motion was approved by a vote of 6-0.
9. Update from the Upper Trinity Regional Water District (UTRWD) on the design and
construction of the Doe Branch Regional Wastewater Treatment Plant. (HW)
George Dupont, Prosper's representative on the Upper Trinity Regional Water District
Board of Directors, introduced this item. Mr. Dupont provided some history on the Doe
Branch Regional Wastewater Treatment Plant. It is expected that the treatment plant
will be functional by 2015. Mr. Dupont introduced Jason Pierce, contract manager for
UTRWD, who provided a status update on the design and construction of the project.
The plant will provide wastewater treatment service for the west side of the Town of
Prosper and includes construction of an initial 2 million gallons per day treatment facility.
The expected cost to the Town will be approximately half of the $32 million cost for the
property, design and construction of the plant. Funding options for the project are to
either allow UTRWD to sell bonds on the Town's behalf, or for the Town to sell its own
bonds to pay its portion of the cost to UTRWD. Tom Taylor, Executive Director of
UTRWD, was also present to answer questions. Mr. Taylor, Mr. Pierce and Mr. Dupont
answered questions from the Town Council regarding the timeline for construction, cost
allocation among the participating entities, and the capacity of the plant as the Town's
population grows.
The presentation was an informational item, and no action was taken by the Town
Council.
10. Consider and act upon an ordinance amending Section 1 and Section 7 of the
Comprehensive Parks Ordinance of the Town of Prosper, Texas, establishing the
Prosper Youth Sports Commission. (WM)
Will Mitchell, Parks & Recreation Manager, presented this item before the Town Council.
This item was discussed at the August 27, 2013, and September 24, 2013, Town
Council meetings. Staff prepared a proposed ordinance amendment to address the
previous concerns raised by Council regarding accountability in the PYSC By -Laws.
The Parks & Recreation Board supported the recommendation of a centralized Board of
Directors model for the PYSC. Town staff recommended approval of the ordinance
amendment, and the appointment of the Mayor or designee to serve on the selection
committee for the inaugural appointments of the four officer positions on the PYSC.
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After discussion on the use of field rental and other fees, Council Member Korbuly made
a motion, and. Council Member Wilson seconded the motion to adopt an ordinance
amending Section 1 and Section 7 of the Comprehensive Parks Ordinance of the Town
of Prosper, Texas, establishing the Prosper Youth Sports Commission. The motion was
approved by a vote of 6-0.
11. Discussion on Park Development & Open Space Opportunities. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. Mr. Webb reviewed the input and decisions by the
Parks & Recreation Board in the previous year regarding proposed parks and recreation
projects. Feedback from the Town's current sports organizations indicated that game
fields would be at maximum capacity by 2015-2016, but that additional practice fields
would be needed as soon as 2014. Additionally, the growing needs of other sports
organizations, such as football and lacrosse, are increasing the demand for practice and
game fields. Mr. Webb presented several open space options that could be utilized, as
well as the potential costs to develop existing open space into usable space for sports
organizations. Town staff recommended the Town Council give direction to move
forward with the development of Cockrell Park and the southwest corner of Frontier
Park, and to wait until the Parks Master Plan is updated to identify further open space
improvements to existing parks.
Mayor Smith recognized the following individuals who requested to speak:
Irwin "Cap" Parry, 850 Kingsview Drive, Prosper, spoke in favor of the Town utilizing
some of its existing open space to build a Town facility for its seat of government. He
also suggested that the Town Council make another attempt to purchase space on
Broadway Street for a Town facility, or use eminent domain.
Jack Dixon, 810 Long Valley Court, Prosper, spoke in favor of the Town acting now to
acquire all of the land it will eventually need through build -out. He also expressed
concern with baseball fields in the Lakes of Prosper area located too close to residential
areas. Mr. Dixon would like to see more long-term planning for Town facilities.
George Dupont, 1400 Harvest Ridge Lane, Prosper, raised a question regarding a
monetary commitment to the Town for the development of a park in Windsong Ranch.
He also urged staff to work with the Collin County Open Space program for matching
funds towards parks.
Mr. Webb returned to the podium following the speakers' comments, and answered
questions about the development and utilization of existing available open space, and
the costs associated with the improvement and development of the various sites within
the Town. Billy Hurst, Football Commissioner with Prosper Youth Sports Association
(PYSA), answered questions regarding the utilization of practice fields. The Town
Council discussed options regarding artificial and natural turf, and long-term irrigation
and maintenance costs. Council directed staff to pursue the development of the nine
acres north of the High School, and the four acres at Frontier Park for additional usable
practice space.
12. Update on the design of Cockrell Park. (PN)
Paul Naughton, Landscape Architect, presented this item before the Town Council. The
Town is currently in the design and development stage for Cockrell Park. Mr. Naughton
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confirmed that all seven acres of the park can be irrigated, updated the Town Council
with the latest concept plan for the park, and reviewed the construction cost estimates
for the project. Construction documents should be finalized in February of 2014. The
final bid award is scheduled to be presented to the Town Council in April of 2014.
Construction should begin in May, and the park should be completed by the fall of 2014.
Mr. Naughton answered questions regarding the alternate bid items. Town staff was
directed to move forward with the design and bid of the Cockrell Park project.
Mayor Smith recognized the following individual who requested to speak on this item:
George Dupont, 1400 Harvest Ridge, Prosper, suggested the use of wells and gray
water for the irrigation of parks and recreational facilities, particularly on the west side of
Town.
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. Section 551.074 To discuss and review the Town Manager's performance
evaluation.
13d. Section 551.071. Consultation with Town Attorney regarding legal issues
associated with proposed extraterritorial jurisdiction release, and all matters
incident and related thereto.
The Town Council recessed into Executive Session at 7:59 p.m.
Mayor Smith left the Executive Session at 9:23 p.m.
14. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 9:34 p.m.
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.
Roadway lighting standards and policy discussion. (HW)
This item will be discussed at the November 12, 2013, Town Council meeting.
• Downtown development standards and incentives. (CC)
Chris Copple updated the Town Council on Neighborhood Empowerment Zone
(NEZ) #1 which was approved in 2009 to provide incentives to revitalize non-
residential development in the downtown area. He reviewed the details of NEZ #1.
The Town Council has the option of creating a second Neighborhood Empowerment
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Zone east of Coleman Street to Craig Street. Mr. Copple also reviewed the open
space requirement for non-residential development. The Town Council has the
option of reducing the open space requirement as an incentive for redevelopment in
the downtown area. Town staff was directed to pursue the creation of a second
Neighborhood Empowerment Zone on the east side of Coleman at this time, and to
include other development incentives later as part of the Comprehensive Plan
implementation schedule.
Deputy Mayor Pro-Tem Dugger left the meeting at 9:48 p.m.
16. Adjourn.
Council Member Vogelsang made a motion and Council Member Korbuly seconded the
motion to adjourn the meeting at 10:00 p.m., on Tuesday, October 22, 2013. The motion
was approved by a vote of 6-0.
These minutes approved on the 12th day of November, 2013.
ATTEST:
Kobyn B�ttle, Town Secretary
1
APPROVED:
Ray Smith, Mayor
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