05.10.2011 Town Council Packet
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1. Call to Order / Roll Call
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag
3. Announcements of dates and times of upcoming community events
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.)
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings (AP)
April 26, 2011 – Regular Town Council Meeting
FINANCIAL
b. Consider and act upon the Town’s Quarterly Investment Report for the quarter ending March 31,
2011
CITIZEN’S 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.)
5. Other Comments by the Public
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
AGENDA
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 10, 2011 at 7:30 p.m.
Page 2 of 2
speak on a non-public hearing related items will be recognized on a case-by-case basis, at the discretion of
the Mayor and Town Council.)
PUBLIC HEARING
6. A Public Hearing to consider and upon a request to rezone 11.3± acres, located on the southeast
corner of Dallas Parkway and First Street, from Commercial Corridor (CC) to Commercial (C).
(Z11-0006). (CC)
DEPARTMENT ITEMS
7. Consider and act upon 1) an award of bid to JET Underground Utilities for Highland Meadows
Drainage Project and 2) adopt Resolution No. 11-044 authorizing the Town Manager to execute the
same. (HW)
8. Consider and act upon approval of the supplemental traffic control signage plan for Prosper Trail
(Dallas Parkway to Preston Road) (HW)
9. Possibly direct Town Staff to schedule topic(s) for discussion at future meeting
10. Adjourn
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place
convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, April 22, 2011 at 5:00 p.m.
and remained so posted at least 72 hours before said meeting was convened.
_________________________________ ________________ ____________________
Amy Piukana, Town Secretary Date Notice Posted Date Noticed Removed
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meet ing be open.
Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this
Executive Session, will be taken and recorded in open session.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to
attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are
requested to contact the Town Secretary’s Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE.
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Regular Town Council Minutes April 26, 2011
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1. Call to Order / Roll Call.
Mayor Ray Smith called the meeting to order at 6:02 p.m.
Roll call was taken by Mayor Smith.
Council Present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor
Pro-Tem Meigs Miller, Dave Benefield, David Vestal, and Danny Wilson
Council Member(s) absent: Jason Dixon
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon
Webb, Director of Development Services; Chris Copple, Planning and Zoning Manager;
Matthew Garrett, Finance Director; and Kirk McFarlin, Police Chief
2. The Invocation, Pledge of Allegiance, and Pledge to the Texas Flag was given by Deputy
Mayor Pro-Tem Meigs Miller.
3. Council Member Vestal announced the Prosper Pooch Party is scheduled for April 30, 2011.
Town Manager Mike Land announced that Early Voting begins May 2, 2011 extending through
May 10, 2011 noting that May 5th and May 9th the hours for early voting will be from 7 a.m. to 7
p.m.at the Prosper Municipal Chambers located at 108 W. Broadway.
4. Mayor Smith presented a Proclamation recognizing May 1-7, 2011 as Public Service Week
and recognized Police Chief Kirk McFarlin for his years of dedication and public service.
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.)
5. Consent Agenda
Council Member Vestal moved Consent Item 5e to the end of consent items to allow for
discussion.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, April 26, 2011 at 6:00 p.m.
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Regular Town Council Minutes April 26, 2011
MINUTES
a. Considered and acted upon minutes from the following Council meetings.
April 12, 2011 – Regular Town Council Meeting
April 12, 2011 – Special Emergency Meeting
ORDINANCES AND RESOLUTIONS
b. Considered and acted 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.
c. Considered and acted on Resolution No. 11-041 to appoint a Board Member to the Upper
Trinity Regional Water District Board of Directors.
d. Considered and acted on Ordinance No. 11-042 amending Chapter 2, Section 24.5 (Planned
Development District Procedure) of the Town’s Zoning Ordinance (Z11-0005).
FINANCIALS
f. Considered and acted upon the financial statements ending March 31, 2011.
g. Considered and acted on a Resolution No. 11-042 approving an Interlocal Agreement
with the Region 4 Education Service Center, which sponsors The Cooperative Purchasing
Network (TCPN), providing a purchasing program for goods and services.
Council Member Dugger moved to approve Consent Item 5a, 5b, 5c, 5d, 5f, and 5g, as presented.
Motion seconded by Council Member Deputy Mayor Pro-Tem Miller.
Motion approved by vote of 6-0.
e. Considered and acted on Ordinance No. 11-043 amending the Noise Ordinance to set new
time constraints on the allowable time for construction noise on the weekends.
After discussion, Council Member Vestal moved to approve Item 5e, Ordinance No. 11-043,
amending the Noise Ordinance as presented. Motion seconded by Council Member Benefield.
Motion approved by vote of 6-0.
CITIZEN’S 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.)
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Regular Town Council Minutes April 26, 2011
6. Other Comments by the Public – There were no citizens present that wished to speak.
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 items will be recognized on
a case-by-case basis, at the discretion of the Mayor and Town Council.)
DEPARTMENT ITEMS
7. Considered and acted upon the appointment of members to the Comprehensive Plan
Advisory Committee. Council Member Dugger moved to appoint the following committee
Members to the Comprehensive Plan Advisory Committee: (1) Jason Dixon (2) Mark DeMattia
(3) Daniel Ting (4) Jordan Simms (5) Ane Casady (6) Auggie Trevino (7) Kyle Huckelberry (8)
Ann Lieber (9) Kelly Cooper (10) Eric Nishimoto (11) Craig Moody (12) Doug Trumbull
(13) Brett Chesney
Motion seconded by Council Member Vestal.
Motion prevailed by vote of 6-0.
8. Considered and acted on Ordinance No. 11-040 setting the speed limit on Prosper Trail
between the Dallas North Tollway and Preston Road. Police Chief Kirk McFarlin briefed
Council Members regarding the proposed ordinance.
Chris Blair who resides at 841 Sibyl Lane filled out a speaker request card and spoke in favor of
maintaining the 45 mph speed limit as proposed in the ordinance.
After discussion, Council Member Vestal moved to approve Ordinance No. 11-040 setting the
speed limit on Prosper Trail between Dallas North Tollway and Preston Road at 40 miles per
hour. Motion seconded by Council Member Dugger.
Motion approved by vote of 5-1, Council Member Wilson voting against.
Council Member Dugger directed Staff to install reduced speed signs and caution signs at
Prosper Trail.
9. Anthony Mills with Texas Municipal Retirement System gave a power point presentation
regarding the state of the system, the Town’s unfunded liability, TMRS fund restructuring and
answered questions to the Council.
After discussion, Council Member Dugger moved to recess into Executive Session at 7:20 p.m.
Motion seconded by Council Member Deputy Mayor Pro-Tem Miller.
Motion approved by vote of 6-0.
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Regular Town Council Minutes April 26, 2011
EXECUTIVE SESSION
1. Recess into Closed Session in compliance with §551.001, et. Seq., Texas Government
Code, to wit;
a) Section 551.071. To deliberate the purchase, exchange, lease or value of real
property located on the north side of Prosper Trail west of Coit Road.
2. Reconvene into Regular Session and take any action necessary as a result of the Closed
Session.
Council Member Dugger made a motion to reconvene into regular session at 7:39 p.m. Motion
seconded by Council Member Benefield.
Motion approved by vote of 6-0.
No action was taken from Executive Session.
10. Considered and acted on Resolution No. 11-043 approving the First Amendment to the
Development and Finance Agreement between the Town of Prosper and Blue Star Land, LP,
183 Land Corp. and Blue Star Allen Land LP. Town Manager Mike Land briefed Council
Members regarding the proposed Resolution.
Deputy Mayor Pro-Tem Miller moved to approve Resolution No. 11-043 approving the First
Amendment to the Development and Financing Agreement between the Town of Prosper and
Blue Star Land, LP, 183 Land Corp. and Blue Star Allen Land LP. Motion seconded by Council
Member Dugger.
Motion approved by vote of 6-0.
11. Possibly direct Town Staff to schedule topic(s) for discussion at future meetings.
Council Member Dugger directed Staff to bring forward a reduced speed sign plan for Prosper
Trail.
12. Mayor Smith adjourned the meeting at 7:43 p.m.
_______________________ ___________________________________
Amy Piukana Ray Smith, Mayor
Town Secretary
Agenda Item No. 6 - Page 1 of 2
To: Mayor and Town Council
From: Chris Copple, AICP, Planning & Zoning Manager
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – May 10, 2011
Date: May 4, 2011
Agenda Item:
A public hearing to consider and act upon a request to rezone 11.3± acres, located on the
southeast corner of Dallas Parkway and First Street, from Commercial Corridor (CC) to
Commercial (C). (Z11-0006).
History:
On August 14, 2007, the Town Council adopted an ordinance rezoning the property from
Agricultural (A) to Commercial Corridor (CC).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use Future Land Use Plan
North
Retail Undeveloped Tollway District
East
Commercial Vacant Tollway District
South
Commercial Corridor/
Extraterritorial Jurisdiction
(ETJ)
Undeveloped Tollway District
West
Commercial Corridor Undeveloped Tollway District
Requested Zoning – Z11-0006 is a request to rezone 11.3± acres, located on the southeast corner
of Dallas Parkway and First Street, from Commercial Corridor (CC) to Commercial (C). There are
several nonconforming structures on the property, which are currently occupied with warehouse
and commercial uses.
Prosper is a place where everyone matters.
PLANNING
Agenda Item No. 6
Agenda Item No. 6 - Page 2 of 2
Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Tollway District uses for
the property. The FLUP states the Tollway will be a major attractor for commercial, mixed use, and
high density residential development. The Commercial District allows for the development of
heavy retail, service, light intensity wholesale, and commercial uses with a maximum building
height of two (2) stories, no greater than forty (40) feet. The zoning request conforms to the FLUP.
Conformance to the Thoroughfare Plan – The property is adjacent to Dallas Parkway, a two lane
access road to serve the future Dallas North Tollway, and First Street, a future four lane divided
thoroughfare. The zoning exhibit complies with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water service has been extended to the property. Sanitary
sewer service will have to be extended to the property prior to any new development on the
property.
Access – Access to the property is currently provided from Dallas Parkway and First Street.
Adequate access is provided to the property.
Schools – This property is located within the Prosper Independent School District (PISD). It is not
anticipated that a school site will be needed on this property.
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – There is no 100-year floodplain located on the property.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request.
Notification was provided to neighboring property owners as required by state law. Town staff has
received one public hearing notice reply form and it is not in opposition to the request.
Attached Documents:
1. Zoning Exhibit A.
2. Zoning map of the surrounding area.
3. Public hearing notice reply form.
Planning & Zoning Commission Recommendation:
At their April 19, 2011 meeting, the Planning & Zoning Commission recommended the Town
Council approve a request to rezone 11.3± acres, located on the southeast corner of Dallas
Parkway and First Street, from Commercial Corridor (CC) to Commercial (C), by a vote of 6-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve a request to rezone 11.3± acres, located on the
southeast corner of Dallas Parkway and First Street, from Commercial Corridor (CC) to
Commercial (C).
R
CC
A
A
CC
C
A
ACC
CC
CC
A
CCSF-15SF-15 SF-15
CPD-42
SFPD-3
CCPD-19S-6
W FIRST ST
S DALLAS PKWYN DALLAS PKWYS DALLAS PKWYJ E WEEMS BLVDBUSINESS PARK DR±0 150 300 45075
Feet
1 inch = 300 feet
Z11-0006
Agenda Item No. 7 Page 1 of 2
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Mike Land, Town Manager
Re: Town Council Meeting – May 10, 2011
Date: May 5, 2010
Agenda Item:
Consider and act upon 1) an award of bid to JET Underground Utilities 2) enter into a contract
agreement with JET Underground Utilities, regarding the construction services for the Highland
Meadows Drainage Improvements Project and 3) adopt a resolution authorizing the Town Manager
to execute the same.
Description of Agenda Item:
On April 28, 2011 at 2:00pm, six (6) bids were opened for the Highland Meadows Drainage
Improvements Project. The project consists of excavating and constructing a concrete channel
from Lot 20 of Highland Meadows PH 2 to FM1461. The bid also includes the grading and
construction of a concrete channel within the TP&L Easement north of Fair Oaks, between Blue
Forest Drive and Elmhurst Court. JET Underground Utilities was the low bidder at $111,067.00.
Due to the size and scope of this project, a contingency amount of $5,000.00 will be added to the
lowest bid amount to ensure efficiency when dealing with varying quantities and potentially
unforeseen items during construction.
Budget Impact:
The total cost of the construction contract is $116,067.00 and will be funded from the Storm Water
Utility Fund.
Legal Obligations and Review:
The contract is a standard construction contract previously approved by the Town Attorney.
Attached Documents:
The following documentation is being provided for review:
1. Bid Tabulations
2. Copy of Contract Agreement
3. Location Map
4. Resolution
Prosper is a place where everyone matters.
ENGINEERING
Agenda Item No. 7
Agenda Item No. 7 Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the bid to JET Underground Utilities in
the amount of $116,067.00, 2) enter into a contract agreement with JET Underground Utilities
regarding the construction services for the Highland Meadows Drainage Improvements Project
and 3) approve a resolution authorizing the Town Manager to execute the same.
Contract Agreement 00500-1
00500 CONTRACT AGREEMENT AND BONDS
STATE OF TEXAS §
§
COUNTY OF COLLIN §
THIS AGREEMENT, made and entered into this_______ day of ______________A.D., 2011, by
and between JET Underground Utilities of the County of Dallas and State of Texas, acting through
thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Mike Land of
the Town of Prosper, County of Collin and State of Texas, Party of the Second Part, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions
expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR)
hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of
certain improvements described as follows:
Construction of a HIGHLAND MEADOWS DRAINAGE IMPROVEMENTS and all related site improvements
and equipment.
and all extra work in connection therewith, under the terms as stated in the General Conditions of the
Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to
complete the said construction, in accordance with the conditions and prices stated in the Proposal attached
hereto, and in accordance with all the General Conditions of the Agreement, the Supplementary Conditions,
the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment
Bonds, all attached hereto, and in accordance with the Plans, which includes all maps, plats, blueprints, and
other drawings and printed or written explanatory matter thereof, and the Specifications therefor e, as
prepared by RLK ENGINEERING, INC., herein entitled the ENGINEER, each of which has been identified by
the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and
constitute the entire contract.
The CONTRACTOR hereby agrees to commence work on or after the date established for the start of
work as set forth in a written notice to commence work and to substantially complete all work within the time
stated in the Proposal, subject to such extensions of time as are provided by the General and Supplementary
Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the
proposal, which forms a part of this Contract, such payments to be subject to the General and
Supplementary Conditions of the Contract.
No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
Contract Agreement 00500-2
Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONTRACTOR, who agree that the Contract Docum ents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year
and day first above written.
ATTEST:
Party of the First Part, OWNER
By
Signature
Name and Title
(please type or print)
(SEAL)
ATTEST:
Party of the Second Part, CONTRACTOR
By
Signature
Name and Title
(please type or print)
(SEAL)
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-044
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT
AGREEMENT FOR CONSTRUCTION SERVICES FOR THE HIGHLAND
MEADOWS DRAINAGE IMPROVEMENTS BETWEEN JET
UNDERGROUND UTILITES AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
contract agreement for construction services for the Highland Meadows Drainage
Improvements, between JET Underground Utilities and the Town of Prosper, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 10th day of May, 2011.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
Agenda Item No. 8 Page 1 of 1
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Mike Land, Town Manager
Re: Town Council Meeting – May 10, 2011
Date: May 5, 2010
Agenda Item:
Consider and act upon approval of the supplemental traffic control signage plan for Prosper Trail
(Dallas Parkway to Preston Road).
Description of Agenda Item:
On April 26, 2011, Town Council adopted an Ordinance increasing the posted speed limit on
Prosper Trail (Dallas Parkway to Preston Road) from 35 MPH to 40 MPH. Within the discussion to
adopt the Ordinance, Council directed staff to provide a signage plan to advise motorists of the
new speed limit and the perceived limited sight distance at Brittany Way and Prosper Trail. Plan
sheets attached indicate the proposed signage changes associated with the new speed limit of 40
MPH.
Budget Impact:
The cost of the eleven (11) existing 35 MPH signs is $1,000 is currently funded in the Prosper Trail
Improvement Project (CO Bond Funds Project 08-02). The installation of the three (3) new traffic
control signs proposed is approximately $1,500 and is currently unfunded. If approved, the cost of
the proposed signage would be funded by CO Bond Funds Project 08-02.
Legal Obligations and Review:
The contract is a standard construction contract previously approved by the Town Attorney.
Attached Documents:
The following documentation is being provided for review:
1. Traffic Signage Sheets
Town Staff Recommendation:
Town staff recommends that Town Council approve the supplemental traffic control signage plan
for Prosper Trail (Dallas Parkway to Preston Road).
Prosper is a place where everyone matters.
ENGINEERING
Agenda Item No. 8