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08.28.2012 Town Council PacketPage 1 of 2 ] 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. MINUTES, RESOLUTIONS AND OTHER ITEMS 4a. Consider and act upon minutes from the following Council meeting(s) (AP) August 14, 2012 – Regular Town Council Meeting 4b. Consider and act upon Resolution No. 12-59, amending Resolution No. 12-54 ordering a Special Election to fill the vacancy in Town Council Place 1 for remainder of the current term to revise the early voting extended hour days; and providing for an effective date. (AP) 4c. Consider an act upon Ordinance No. 12-23 amending Ordinance #09-099 establishing a new school zone for Cockrell Elementary. (GM) 4d. Consider and act upon Memorandum of Understanding (MOU) by and between the Town of Prosper, Texas Police Department and the Prosper Independent School District Police Department. (GM) 4e. Consider and act upon Ordinance No. 12-24, rezoning 10.6± acres, located on the northwest corner of Custer Road and Prosper Trail, from Agricultural (A) to Planned Development- Office (PD-O). (Z12-0007) (CC) 4f. Consider and act upon July 31, 2012 monthly Financials Statements. (MG) 5. CITIZEN’S COMMENT (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.) Other Comments by the Public - AGENDA Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, August 28, 2012 Meeting begins at 6:00 p.m. Page 2 of 2 6. DEPARTMENT ITEM Discussion and update regarding the First Street Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380) projects. (HW) 7. Consider and act upon opting in or opting out of the Denton County program to spray for the West Nile Virus. (LD) 8. 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; 8a. Section (GC 551.074) To deliberate the appointment, employment and/or duties of the Town Manager. 8b. Section (GC 551.072) To deliberate regarding the purchase of approximately 1,000 acres of land generally located south of Prosper Trail, east of the BNSF railroad, west of Custer and north of Highway 380. 9. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. 10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 11. 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 at least 72 hours before said meeting was convened. _________________________________ ________________ ____________________ Amy Piukana, TRMC Town Secretary Date Notice Posted Date Notice 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 meeting 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) 569-1011. BRAILLE IS NOT AVAILABLE. Page 1 of 6 ] 1. Call to Order / Roll Call. Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tem Kenneth Dugger, Council Member Jason Dixon, and Council Member Curry Vogelsang Absent: Council Member Danny Wilson Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary; Matthew Garrett, Finance Director; Hulon Webb, Development Director; Chris Copple, Planning Director; Frank Jaromin, Public Works Director; Wade Harden, Parks Manager, Mitzi Wadsworth; Administrative Assistant 2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag. 3. Announcements of dates and times of upcoming community events. Mayor Smith announced a Community picnic is scheduled at Frontier Park on September 9, 2012. Deputy Mayor Pro Tem Dugger announced the Town Elections are September 15, 2012 with early voting beginning August 29, 2012 at Prosper Municipal Chambers. Mayor Smith introduced the new Economic Development Director Robert Winningham. 4. Presentation by Prosper Area Soccer Organization. PASO President Michael Korbuly thanked Council for continued support with the soccer association. Mr. Korbuly, on behalf of the Prosper Area Soccer Organization, presented the Town with a donation check in the amount of $19,500. 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. MINUTES, RESOLUTIONS AND OTHER ITEMS 5a. Consider and act upon minutes from the following Council meeting(s) (AP) July 24, 2012 – Regular Town Council Meeting 5b. Consider and act upon Resolution No. 12-54, amending Resolution No. 12-46 ordering a Special Election to fill the vacancy in Town Council Place 1 for remainder of the current term to revise the early voting locations; and providing for an effective date. (AP) Minutes Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, August 14, 2012 Council Meeting 6:00 p.m. Page 2 of 6 5c. Consider and act upon Resolution No. 12-55, supporting Collin County’s prioritization of proposed RTR funded transportation projects. (HW) 5d. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and First Texas Homes, Inc., related to the construction of turn lane improvements to serve Lakes of La Cima, Phase 7 with the First Street Improvements (Preston Road to Coit Road) and 2) Resolution No. 12-56, authorizing the Town Manager to execute the same. (MB) 5f. Consider and act upon the establishment of an Interlocal Agreement (ILA) by and between the Town of Prosper, Texas and the Prosper Independent School District for Public Safety Communications Services. (KM) 5g. Consider and act upon Resolution No. 12-58, amending Resolution No. 12-53 for the sole purpose of establishing the possible source(s) of funding that the Town of Prosper may utilize to purchase the real property made the subject of the real estate purchase contract between the Town of Prosper and Sexton Farms, Ltd. (“Real Estate Contract”). (LD) Mayor Pro Tem Miller made a motion to pull item 5e off Consent for discussion and approve Consent Items 5a, 5b, 5c, 5d, 5f, 5g, as presented. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0. 5e. Consider and act upon Change Order #4 to RLK Engineering, Inc, for the First Street Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380). (MB) Council Member Dixon asked staff to define the meaning of the term “headwall”. Project Manager Michael Bulla explained that headwall was referring to the concrete facing around the box culvert. Council Member Dixon made a motion to approve Item 5e. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0. 6. CITIZEN’S COMMENT (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.) Other Comments by the Public – Resident and President of Preston Lakes Homeowner’s Association Bruce Carlin thanked Council for their assistance with excavating and cleanup of the Preston Lakes Park. Mr. Carlin showed pictures of the debris and large chunks of rebar. He thanked staff for all their assistance and efforts with the project. Resident Irwin “CAP” Parry urged Council to consider holding quarterly informal open meetings allowing citizens to provide input with question and answer sessions. Resident Kelly Cooper stated she is disappointed that she received an email of the Comprehensive Plan within 24 hours of the meeting. Ms. Cooper noted that she found a typo correction, new additions, and in her opinion feels the vision statement does not capture the citizen’s spirit and intent. Page 3 of 6 She reminded Council that they may reject this item and still meet charter requirements to allow additional time to review. Resident Jack Dixon had questions regarding the Comp Plan under executive summary defining height, zoning dwelling units and had concerns with the Comprehensive Plan stating that the growth of the town depends on the accuracy of this plan. Mr. Dixon read the original vision statement and the revised statement explaining that the two are very different. He stated the first vision statement captures the citizens’ intent. He noted that on page 40, garden apartments and townhomes are omitted. Mr. Dixon explained that page 50 omits resident’s requests for larger lots. Mr. Dixon noted on page 55 a photo showed an 8 story building. He referred to a 2009 citizen survey done regarding the downtown area. He wants downtown to be a destination that provides community gatherings and to demonstrate a sense of excellence. Mr. Dixon stated he strongly disagrees with any light rail in Prosper. Mr. Dixon urged Council to consider creating a veterans’ park to honor our veterans. He asked Council to deny the comp plan and define actions regarding downtown historic prosper. Resident Ann Lieber thanked Council for allowing her to serve on the CPAC. She apologized that she could not read the over 400 page final draft of the Comprehensive Plan due to receiving within a 24 hour time frame. Mayor skipped to Agenda Item No. 16. Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session at 6:37 p.m. Motion seconded by Mayor Pro tem Miller. Motion approved by vote of 5-0. 16. 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; 16a. Section 551.074. To deliberate the appointment, employment and/or duties of the Town Manager. Deputy Mayor Pro Tem made a motion to reconvene into regular session at 7:52 p.m. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 5-0. No action was taken as a result of executive session. 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: Mayor Smith recused himself from the meeting due to a potential conflict of interest. 7. A public hearing to consider and act upon a request to rezone 10.6± acres, located on the northwest corner of Custer Road and Prosper Trail, from Agricultural (A) to Planned Development-Office (PD- Page 4 of 6 O). (Z12-0007) (CC). Planning and Zoning Director Chris Copple briefed Council regarding this item. The property consists of two existing church buildings, which were both constructed prior to the property being annexed in 2009. The proposed zoning will allow the property to conform with existing uses. The Planning & Zoning Commission recommended approval of the rezone request with stipulations. The applicant has revised the Exhibit to reflect the recommendations. Deputy Mayor Pro Tem Dugger made a motion to open the Public Hearing. Motion seconded by Council Member Dixon. Motion approved by vote of 4-0. Applicant representative Michael Beaty was present to answer any questions. Mr. Beaty explained that the rezone request will bring the property in compliance with the current zoning on the property. Council Member Vogelsang made a motion to close the public hearing. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 4-0. After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve the rezoning of 10.6± acres, located on the northwest corner of Custer Road and Prosper Trail, from Agricultural (A) to Planned Development-Office (PD-O) as recommended by the Planning & Zoning Commission with the additional requirement that the Day Care Center, Child use retain its conditional requirement (“C”) and the Day Care Center, Incidental use retain its requirement for a Specific Use Permit (“S”). Motion seconded by Council Member Dixon. Motion approved by 4-0. Mayor Smith re-entered the meeting. Mayor skipped to Agenda Item 14. 14. Consider and act upon the 2012 Town of Prosper Comprehensive Plan Update. (CA12-0001) (CC) Planning Director Chris Copple was present to answer any questions. Council noted that the plan can be updated as necessary and will be reviewed annually. Council Member Dixon made a motion to approve the 2012 Town of Prosper Comprehensive Plan Update, as presented. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0. DEPARTMENT ITEMS 8. Consider and act upon acceptance of a Local Option Petition for the sale of all alcoholic beverages off-premise consumption only. (AP) Town Secretary Amy Piukana briefed Council regarding acceptance of a local option petition for the purpose of allowing the legal sale of all alcoholic beverages for off-premise consumption only. Ms. Piukana noted that Texas Petition Strategies submitted an application with the required number of signatures (767) which is at least 35% of the registered voters who voted in the most recent gubernatorial election. After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve acceptance of a local option petition for the purpose of allowing the legal sale of all alcoholic beverages for off-premise consumption only. Motion seconded by Mayor Smith. Motion approved by vote of 3-2, Council Members Dixon and Vogelsang voting in opposition. Page 5 of 6 9. Consider and act upon Resolution No. 12-57, a resolution of the Town Council of the Town of Prosper, Collin and Denton Counties, Texas, ordering the Special Election for a Local Option to be held and administered by Denton County Elections Administration and Collin County Administration on November 6, 2012. (AP) Town Secretary Amy Piukana briefed Council regarding this item. Ms. Piukana noted that Election Code 501.032 requires the Town to order an election upon receiving a petition signed by at least 35% of the registered voters who voted in the most recent gubernatorial election. Ms. Piukana noted 767 signatures were verified as registered voters in the Town. After discussion, Council Member Dixon made a motion to approve Resolution No. 12-57, a resolution of the Town Council of the Town of Prosper, Collin and Denton Counties, Texas, ordering a Local Option Election to be held and administered by Denton County Elections Administration and Collin County Administration on November 6, 2012. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0. Next Item discussed was Agenda Item 15. 15. Presentation and update regarding Capital Improvement Projects. (MB) Project Manager Michael Bulla gave Council a brief update regarding current road and infrastructure projects. Next Item discussed was Agenda Item No. 10. 10. Submission and discussion of the FY 2012-2013 Budget Message by the Interim Town Manager. (LD) Interim Town Manager Lyle Dresher presented a PowerPoint presentation of the Town’s Budget message. 11. Consider and act upon a schedule for public hearings on the FY 2012-2013 Budget. (MG) Finance Director Matthew Garrett briefed Council regarding dates for a public hearing. After discussion, Mayor Pro Tem Miller made a motion to set September 4, 2012 at a location to be determined and a second public hearing to be scheduled for September 11, 2012 at Prosper Municipal Chambers. Motion approved by vote of 5-0. 12. Consider and act upon a proposed 2012 property tax rate. (MG) Finance Director Matthew Garrett briefed Council regarding proposed 2012 tax rates. After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve setting a tax rate at $0.52 cents. Motion seconded by Council Member Vogelsang. A record vote was taken by Mayor Smith, Mayor Pro Tem Miller, Council Member Dixon, Council Member Wilson, and Council Member Vogelsang, all voting in favor. Motion approved by vote of 5-0. 13. Consider and act upon a schedule for public hearings on the proposed 2012 tax rate. (MG) Finance Director Matthew Garret was present to answer any questions. Mayor Pro Tem Miller made a motion to set September 4, 2012 as the first public hearing date to discuss a 2012 tax rate and September 11, 2012 as a second public hearing date at the Prosper Municipal Chambers. Motion seconded by Deputy Mayor Pro Tem Dugger. A record vote was taken by Mayor Smith, Mayor Pro Tem Miller, Council Member Dixon, Council Member Wilson, and Council Member Vogelsang, all voting in favor. Motion approved by vote of 5-0. Page 6 of 6 Deputy Mayor Pro Tem Dugger made a motion to recess into executive session at 9:41 p.m. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 5-0. 16. 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; 16b. Section 551.087. To deliberate regarding Economic Development Negotiations regarding property located north of Highway 380, east of 1385, south of Frontier and west of Custer Road. 16c. Section 551.071. Meeting with Town Attorney regarding a matter in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding legal issues relating to past and pending public information requests and other legal issues related thereto. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Mayor Pro Tem Miller made a motion to reconvene into regular session at 10:09 p.m. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0. There was no action taken on this item. 17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council advised staff to update Council regarding the thoroughfare plan. 18. Adjournment – Deputy Mayor Pro Tem Dugger made a motion to adjourn at 10:10 p.m. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 5-0. Meeting adjourned at 10:10 p.m. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Amy M. Piukana, TRMC Town Secretary Prosper is a place where everyone matters. ADMINISTRATION To: Mayor and Town Council From: Amy Piukana, Town Secretary CC: Lyle Dresher, Town Manager Re: Town Council Meeting – August 28, 2012 Date: August 20, 2012 Agenda Item: Consider and act upon Resolution No. 12-59, amending Resolution No. 12-54 ordering a Special Election to fill the vacancy created in Town Council Place 1 for the remainder of the current term to revise the extended voting hours on Monday, September 10, 2012 and Tuesday, September 11, 2012 at Prosper Municipal Chambers Early Voting Location. Description of Agenda Item: Originally, the order of Election indicated extended voting hours on Saturday, September 10, 2012, and Sunday, September 11, 2012 from 7:00 a.m. to 7:00 p.m. However, September 10, 2012 is on Monday and September 11, 2012 is a Tuesday. This Resolution is amending the days of the week to reflect the dates of Extended Hour Early Voting which will be held at Prosper Municipal Chambers located at 108 W. Broadway. The Election Day polling site will be at the Town’s regular site (Prosper Community Library, Reynolds Middle School, 700 N. Coleman Road.) The proposed resolution amends the early voting extended hour days of the week to Monday, September 10, 2012 and Tuesday, September 11, 2012. Attached Documents: Resolution No. 12-59 Town Staff Recommendation: Town staff recommends that the Town Council approve Resolution No. 12-59, amending Resolution No. 12-54, ordering a Special Election for September 15, 2012 to fill the vacancy created in Town Council Place 1 for the remainder of the current term revising the early voting extended hour days. Page 1 of 1 Amendment to Order of September 15, 2012 Special Election Page 1 613174 TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-59 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN AND DENTON COUNTIES, TEXAS, AMENDING RESOLUTION NO. 12-59 ORDERING A SPECIAL ELECTION TO FILL THE VACANCY CREATED IN TOWN COUNCIL PLACE 1 FOR THE REMAINDER OF THE CURRENT TERM TO REVISE THE EARLY VOTING EXTENDED HOUR DAYS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) previously passed and approved Resolution No. 12-54, ordering a special election to fill the vacancy created in Town Council Place 1 (“Election”); and WHEREAS, the Town Council has investigated and determined that it is necessary to amend Resolution No. 12-54 to revise the extended voting hours to Monday, September 10, 2012 and Tuesday, September 11, 2012 from 7:00 a.m. to 7:00 p.m. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Amendment to Section of Resolution No. 12-46. Section 2 of Resolution No. 12- 54 is hereby amended as follows: “… SECTION 2: Early voting by personal appearance shall be available at: Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas 75078. Early voting will begin on Wednesday, August 29, 2012, thru Friday, September 7, 2012, during the normal weekday working hours of 8:00 a.m. to 5:00 p.m., with extended voting hours on Monday, September 10, 2012, and Tuesday, September 11, 2012, from 7:00 a.m. to 7:00 p.m. Applications for ballot by mail shall be requested from and mailed to the Denton County Elections Office, Attn. Frank Phillips, Elections Administrator, Joseph A. Carroll Bldg., 401 W. Hickory, Ste. 125, Denton, Texas 76201. Applications for ballots by mail must be received no later than the close of business on the seventh (7th) day before election day.” SECTION 3: Effective Date. This Resolution shall take effective immediately upon its passage. DULY PASSED AND APPROVED by the Town Council of the Town of Prosper, Collin, and Denton Counties, Texas on this the 28th day of August, 2012. Amendment to Order of September 15, 2012 Special Election Page 2 613174 ___________________________ Ray Smith, Mayor ATTEST: _________________________________ Amy Piukana, TRMC Town Secretary Page 1 of 1 To: Mayor and Town Council From: Gary R. McHone, Asst. Chief of Police CC: Lyle Dresher, Interim Town Manager Re: Town Council Meeting- August 28, 2012 Date: 8-16-12 Agenda Item: Consider an act upon Ordinance 12-23 amending ordinance #09-099 establishing a new school zone for Cockrell Elementary. Description of Agenda Item: AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 09-099; ESTABLISHING NEW SCHOOL ZONES TIMES IN THE TOWN OF PROSPER, COLLIN COUNTY; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE(S); PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT(S) BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET(S); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Budget Impact: Cost of associated signage Legal Obligations and Review: Has been reviewed by the Town Attorney. Attached Documents: Ordinance No. 12-29 Board/Committee Recommendation: N/A Town Staff Recommendation: Town staff recommends that the Town Council approve Ordinance 12-29 adopting the amendment to Ordinance #09-099 adding the school zone near Cockrell Elementary. Prosper is a place where everyone matters. PROSPER POLICE DEPARTMENT Ordinance Amending 09-099 (School Zones for Cynthia Cockrell Elementary) Page 1 613281.2 TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-23 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 09-099; ESTABLISHING NEW SCHOOL ZONES TIMES IN THE TOWN OF PROSPER, COLLIN COUNTY; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE(S); PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT(S) BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET(S); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, §545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the Town of Prosper, Texas (“Prosper”), taking into consideration, among other things, whether the highway is a two-lane, undivided highway, as well as the usual traffic thereon, said governing body may determine and declare reasonable and prudent maximum prima facie speed limits thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS, §541.302 of the Texas Transportation Code defines a “school crossing zone” as a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies; and WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that it is in the best interests of the citizens of Prosper to amend Ordinance No. 09-099, the reduced speed school zones on certain streets in Prosper in addition to establishing new reduced school speed zones; and WHEREAS, the Town Council has investigated and determined and finds that it is necessary for the protection and safety for the pedestrian traffic adjacent to public elementary and secondary schools within Prosper to declare reduced speed school zones on certain public streets adjacent to public elementary and secondary schools within Prosper, Texas as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: Ordinance Amending 09-099 (School Zones for Cynthia Cockrell Elementary) Page 2 613281.2 SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 09-099 (Exhibit “A”); Establishment of Reduced Speed School Zones. Ordinance No. 09-099 is hereby amended for the sole purpose of establishing new speed school zones times on streets located within Prosper as described in Exhibit “A”, attached hereto and incorporated herein for all purposes. Upon the basis of an engineering and traffic investigation, and as authorized by the provisions of, among others, §545.356 of the Texas Transportation Code, the prima facie maximum speed limits for the designated school zones within Prosper shall be as described in Exhibit “A”. It shall be unlawful for any person to operate or drive any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other vehicle in any school zone as may be marked or designated within Prosper during the hours indicated upon signs erected in such zone. SECTION 3: Placement of Signs. Signs indicating the speed limits provided herein shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic in accordance with the Texas Uniform Manual on Traffic Control Devices, as amended, promulgated by the Texas Department of Transportation. The signs shall be permanently affixed to a stationery post or other fixed object. The signs shall in no way be obstructed from view and shall comply with applicable state laws. The Town Manager, or his/her authorized representative, is authorized and directed to cause to be erected such appropriate signs. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance is hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinances, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin a violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. Ordinance Amending 09-099 (School Zones for Cynthia Cockrell Elementary) Page 3 613281.2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this _____day of August, 2012. _____________________________________ Ray Smith, Mayor ATTESTED AND CORRECTLY RECORDED: _____________________________ Amy Piukana, Town Secretary Date of Publication: _________________________________________________, Prosper Enterprise Ordinance Amending 09-099 (School Zones for Cynthia Cockrell Elementary) Page 4 613281.2 Exhibit “A” STREET NAME DESCRIPTION TIME SPEED First Street From a point 239.5 feet west of Craig Street to a point 218.6 feet east of Craig Street 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Craig Street From a point 160.3 feet north of First Street to a point 1027 feet south of First Street 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Somerville From the intersection with White River to the intersection with Livingston 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Texana From Livingston to a point 180 feet northeast 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Twin Buttes From Livingston to a point 120 feet northeast 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Livingston From a point 125 feet southeast of La Cima Blvd. eastward to Prosper Independent School District property 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Calaveras From Somverville to a point 185 feet northwest 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Arrowhead From Somerville to a point 675 feet northwest 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Whiteriver From a point 640 feet northwest of Somerville south east to the end of the roadway 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Cedar Lake From Whiteriver to a point 120 feet west 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Coit Road From a point 1139 feet north of Richland to a point 307 feet south of Richland 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Richland From Coit to a point 255 feet west 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Coleman From the intersection of Talon Drive eastward to the end of the roadway 7:15 AM to 8:45 AM 2:45 PM to 4:00 PM 25 Frontier Parkway East bound lane. From a point 857 feet east of Talon Lane, eastward to appoint 1357 feet east of Talon Lane. 7:15 AM to 8:45 AM 2:45 PM to 4:00 PM 25 Escalante Trail Extending from approximately 90 feet south of the proposed southern street to the school zone site to Prosper Trail 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Prosper Trail Extending from 200 feet east of Escalante Trail to 200 feet west of West Street to the school site on Prosper Trail 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Ordinance Amending 09-099 (School Zones for Cynthia Cockrell Elementary) Page 5 613281.2 Mesa Drive 275 feet east of Escalante Trail Redwing Drive 275 feet east of Escalante Trail Fisher Road 275 feet east of Escalante Trail 7:15 AM to 8:45AM 2:45 PM to 4:00 PM 20 Page 1 of 1 To: Mayor and Town Council From: Gary R. McHone, Asst. Chief of Police CC: Lyle Dresher, Interim Town Manager Re: Town Council Meeting- August 28, 2012 Date: 8-16-12 Agenda Item: Consider and act upon Memorandum of Understanding (MOU) by and between the Town of Prosper, Texas Police Department and the Prosper Independent School District Police Department. Description of Agenda Item: The establishment of an MOU by and between the Town of Prosper, Texas Police Department and the Prosper Independent School District Police Department, which will outline operational guidelines between the two agencies . Budget Impact: N/A Legal Obligations and Review: N/A Attached Documents: Copy of Memorandum of Understanding Board/Committee Recommendation: N/A Town Staff Recommendation: Town staff recommends that the Town Council approve MOU between Prosper Police Department and Prosper ISD- Police Department Prosper is a place where everyone matters. PROSPER POLICE DEPARTMENT MEMORANDUM OF UNDERSTANDING Prosper ISD Police And the Town of Prosper Police Department Purpose: State law requires Police and ISD Police agencies with “overlapping jurisdiction” to enter into an “MOU” that details efforts for reasonable communications and operations. This MOU is meant to address requirements of the Texas Education Code (TEC37.081). It is further designed to address the commitment to excellence and community safety that both agencies share. Jurisdiction: Town of Prosper Police primary jurisdiction is defined as, “any area within the incorporated boundaries of the Town of Prosper and other areas within the State of Texas as defined by law. Prosper ISD Police primary jurisdiction has been defined by the Prosper ISD School Board as, “any territory within the boundaries of the school district and all property that is outside the boundaries of the district that is owned, controlled, leased, or rented by the district”. Agreements: Both agencies agree that community and school safety is their ultimate goal. Both agencies agree that they will take a “team” approach to law enforcement activities within the community and schools. Both agencies will cooperate and work together for the betterment of the Town of Prosper and the Prosper Independent School District. 1) Town of Prosper will provide dispatch services in accordance with the cooperative Interlocal Agreement signed by both parties. 2) Both agencies agree that they will provide support services (back-up) for officers when requested and resources are available. 3) Both agencies agree that, in the event of a major incident, the Incident Command System” (ICS) procedures will be used. The agency that provides the most significant resources will be in command of the incident. Both agencies agree that in the event of a major incident that each agency will be represented in the “command center” and input will be considered before action is taken, unless circumstances demand an immediate action. 4) Both agencies agree to share information on criminal activity and juvenile arrest, as appropriate and directed by state and federal law, for the purposes of school and community safety. Both agencies agree the information will be considered “confidential” and “need to know” only. 5) Agencies agree to communicate with each other in advance, as deemed appropriate and within the scope of law enforcement related functions and in accordance with any associated operational guidelines or policies, when there is significant police activity affecting schools and/or the community. 6) Both parties agree to participate in yearly coordinated drills as required state statute. The event will be scheduled at a mutually agreeable time so that all parties can exact the most benefit from the exercise. Both parties agree to be involved in the planning and implementation process. 7) Prosper ISD agrees to provide transportation and facility services to the Prosper community in the event of a large scale disaster. Priority will be given to the school and student community in the event of such disaster. 9) Both parties agree to notify and provide training opportunities to officers of each department when they are available. The cost of such training, if any, will be the responsibility of the recipient’s department. 10) Both parties also agree that should there be an investigation, which originates within the Town of Prosper and or is under the primary jurisdiction of the Prosper PD and during the course of such investigation it is determined that Prosper ISD PD assistance is warranted, the Town of Prosper PD will maintain oversight of such investigation. This also applies should an investigation originate on Prosper ISD property and Prosper PD assistance is needed, Prosper ISD-PD will maintain oversight. Enacted this __________ day of ___________, ___________. __________________________________ Interim Town Manager, Town of Prosper __________________________________ Superintendent, Prosper ISD To: Mayor and Town Council From: Chris Copple, AICP, Planning Director Cc: Lyle Dresher, Interim Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – August 28, 2012 Date: August 22, 2012 Agenda Item: Consider and act upon an ordinance rezoning 10.6± acres, located on the northwest corner of Custer Road and Prosper Trail, from Agricultural (A) to Planned Development-Office (PD-O). (Z12- 0007). Description of Agenda Item: On August 14, 2012, the Town Council approved zoning case Z12-0007, by a vote of 4-0. Town staff has prepared an ordinance rezoning the property. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. The ordinance rezoning the property is attached. Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance, rezoning 10.6± acres, located on the northwest corner of Custer Road and Prosper Trail, from Agricultural (A) to Planned Development-Office (PD-O). Prosper is a place where everyone matters. PLANNING TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-24 AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 10.636 ACRES, MORE OR LESS, SITUATED IN THE GEORGE HORN SURVEY, ABSTRACT NO. 412, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-OFFICE (PD-O); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Collin County Lighthouse Christian Fellowship (“Applicant”) to rezone 10.636 acres of land, more or less, situated in the George Horn Survey, Abstract No. 412, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below-described property containing 10.636 acres of land, more or less, situated in the George Horn Survey, Abstract No. 412, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-Office (PD-O). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with the planned development standards, attached hereto as Exhibit “B”, which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the Zoning Ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all property owners within two hundred feet (200’) of the specific area to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 28th DAY OF AUGUST, 2012. APPROVED AS TO FORM: ______________________________ Ray Smith, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: ____________________________ Amy Piukana, Town Secretary DATE OF PUBLICATION: ____________________________, Prosper Press EXHIBIT “B” PLANNED DEVELOPMENT STANDARDS Lighthouse Christian Fellowship Prosper, Texas The tract shall develop and operate under the regulations of the Office (O) District as outlined in the Town’s Zoning Ordinance No. 05-20, as it exists or may be amended, with the following conditions: 1.0 Permitted Uses The land uses followed with an “S” are only permitted with a Specific Use Permit and uses followed by a “C” are only permitted subject to the conditional development standards set forth in the Town’s Zoning Ordinance. The permitted land uses within this Planned Development-Office District are: • Administrative, Medical, or Professional Office (use is only permitted within the existing buildings on the property at the time of ordinance adoption) • Athletic Field S • Business Service (use is only permitted within the existing buildings on the property at the time of ordinance adoption) • Community Center (use is only permitted within the existing buildings on the property at the time of ordinance adoption) • Day Care Center, Child C • Day Care Center, Incidental S • Health/Fitness Center (use is only permitted within the existing building on the property at the time of ordinance adoption) • House of Worship • Park or Playground • School, Private or Parochial Page 1 of 2 To: Mayor and Town Council From: Michael Bulla, CIP Project Manager CC: Lyle Dresher, Interim Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting – August 28, 2012 Date: August 23, 2012 Agenda Item: Discussion and update regarding the First Street Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380) projects. Discussion: The construction of First Street Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380) commenced January 27, 2012. When the project began, AT&T, CoServ Electric, Oncor, and Suddenlink Communications were in the process of relocating known utility conflicts. Tiseo Paving’s utility contractor, KCK Utility Construction, went to great lengths to install all improvements possible around existing conflicts. On June 22, 2012, progress within the road project was halted. AT&T began their relocations in September 2011 and were substantially complete in May 2012. During the course of construction, we have since discovered three substantial conflicts with the newly placed cables. On the north side of First Street at Willow Ridge, a large vault was installed approximately 8 feet away from the planned location. On the south side of First Street at Hidden Lakes, a large fiber duct was not placed low enough to avoid proposed drainage improvements. In addition, another fiber duct was incorrectly placed at the outfall of the drainage culvert on the northwest corner of Rogers Middle School. The latest update from AT&T is these adjustments will be completed in late October 2012. After re-notifying in November 2011, CoServ Electric beg an the relocation process March 2012. Crews arrived in May 2012 and have continued to work on relocating poles along First Street and Coit Road. Staff requested July 17, 2012, CoServ’s sub-contractor begin relocating the nine underground services (3 on Coit Road – 6 on First Street) in lieu of waiting for the aerial crews to finish. Subsequent meetings revealed one of the underground services on Coit Road and two of the services on First Street did not need to be lowered. In an effort to expedite the two relocations on Coit Road, a request was issued July 18, 2012, to the adjoining property owner to allow for a bore rig to be set up inside the fence. A response indicating a legal agreement must be drafted was finally received August 19, 2012. Staff has asked CoServ to utilize a different contractor and methodology to install the underground services on Coit Road. Prior to this delay, CoServ’s projected completion date is August 31, 2012. Staff is awaiting a revised update. Prosper is a place where everyone matters. ENGINEERING Page 2 of 2 Oncor Electric began their relocation process in March 2011. Power was transferred to the new poles on First Street in March 2012. Oncor has been waiting for Suddenlink Communications to complete their aerial relocations to allow for the removal of poles on south side of First Street. A reminder was issued to Oncor August 7, 2012 to remove poles on First Street as soon as possible. Suddenlink Communications was re-notified in August 2011 regarding the impending construction on First Street and Coit Road. On January 19, 2012 and February 20, 2012, a newly assigned project manager continued to assert the relocations would be forthcoming. Crews began relocating facilities April 24, 2012. Aerial lines were removed on First Street July 26, 2012 and a new repeater was activated August 17, 2012. A single ped remains in conflict with the decel lane into the equestrian center on the north side of First at the La Cima intersection. At this time, no estimate has been provided for a date to relocate. In anticipation of the impending Upper Plane Water Line Project, staff is preparing a change order for Council’s consideration to the First Street and Coit Road Project to allow for the installation of the necessary water line connections. The up-sizing and adjustment to the existing 20” line will remove potential conflicts with the paving the Coit Road and First Street intersection and remove the need for the contractor to remove new pavement within the Upper Plane Project. Based on estimates provided from CoServ Electric, Tiseo Paving was notified August 13, 2012 to prepare to remobilize in early September to resume work on Coit Road. Once CoServ is clear, the three incomplete sections of the drainage system can be finished. The paving process may commence on Coit Road as it appears the remaining AT&T conflict near Rogers Middle School will not affect the street construction. Staff has requested an updated schedule, but at this time, the concrete placement on Coit Road is expected to begin in October and is scheduled for a 60 day completion. It appears the estimates provided for clearing the conflicts on First Street will coincide with the completion of pavement on Coit Road. This should allow for Tiseo to remain on site and transition their efforts to First Street in January 2013. Weather permitting; the project should still meet the projected substantial completion in the Summer of 2013. Budget Impact: N/A Legal Obligations and Review: N/A Attached Documents: N/A Board, Committee and/or Staff Recommendation: N/A Page 1 of 1 To: Mayor and Town Council From: Lyle Dresher, Interim Town Manager CC: Frank Jaromin, Public Works Director Re: Town Council Meeting- August 28, 2012 Date: 8-24-28 Agenda Item: Consider and act upon opting in or opting out of the Denton County program to spray for the West Nile Virus. Description of Agenda Item: A number of areas darkest hit with identified west nile cases have initiated either ground or aerial spraying. Denton County reports over 118 cases compared to approximately 40 in Collin County and numbers are changing daily. Denton County is offering aerial spraying programs to Denton County cities and requiring an opt in or opt out by the end of next week. The Town is required to make a decision by Tuesday in order to participate. As noted in last week’s information the cities and counties remain in contact in an effort to monitor the situation and act accordingly. Budget Impact: N/A Legal Obligations and Review: N/A Attached Documents: Articles – Collin County and Denton County regarding West Nile Virus Board/Committee Recommendation: N/A Town Staff Recommendation: Town staff recommends that the Town Council opt in or opt out of the aerial spraying program with Denton County for the prevention of the West Nile Virus. Prosper is a place where everyone matters. Administration ARTICLE DENTON — Aerial spraying for the mosquitoes that spread West Nile virus will begin no sooner than next Thursday in Denton County. Cities have until Tuesday to decide whether to opt in or out. The Flower Mound Town Council voted unanimously Thursday night to approve aerial spraying, just hours after two new West Nile cases were revealed in that community The Little Elm Town Council also met in emergency session Thursday evening, but took no action on the issue. There have been no West Nile cases reported in Little Elm, one of the few Denton County communities untouched by the epidemic so far. "Based on the effectiveness of our current mosquito control program, we feel that aerial spraying is not warranted at this time," Mayor David Hillock told News 8. County officials addressed the media during an afternoon news conference at the Denton County Courthouse Thursday. Health Department director Bing Burton said there are “six to seven” new human cases of the West Nile Virus each day in the county, which is what prompted Judge Mary Horn to sign a disaster declaration on Wednesday. “Dallas County and Tarrant County both have more cases than we have, but they have much larger populations,” Burton said. “We have 112 cases of West Nile Virus in Denton County; that is the highest incidence rate in the state, and it might well be the highest in the nation.” Burton announced one new case in Denton, two in Flower Mound, one in Highland Village, one in Lewisville and one in Trophy Club. Without taking those new cases into account, Burton said the county currently has 16.3 human cases of West Nile per 100,000 residents. Denton County has formally notified municipalities of the option to spray. Horn said city councils are trying to form quorums quickly to vote on whether to opt in or out. Each city has until Tuesday to notify the county of its decision. Currently, Horn said Pilot Point is the only one that has officially voted. During an emergency meeting Wednesday, the City Council unanimously decided to participate in the spraying. There has been one human case of West Nile there. Denton now joins Dallas County as the first in North Texas to decide to ask the Department of State Health Services for aerial spraying. But officials recognize that the makeup in Denton is quite different than its southern neighbor. There’s less urbanization in Denton County, for one, and more agricultural areas. Emergency Management Coordinator Jody Gonzalez said he met with county department heads Thursday morning, which included representatives from the Texas AgriLife Extension Service. Gonzalez said they were comfortable with the safety of the spraying plan, and extended their support of the county’s decision. Centers for Disease Control experts have said the pesticide used in the spraying is safe for pets and humans. “Those AG Extension offices and the AgriLife Department of Denton County will be contacting their partners,” he said. Farmers or ranchers with land in unincorporated portions of the county will not be able to opt out, he added. Now it’s decision time for cities in Denton County, Horn said. She warned those that decline the spraying will likely not have the chance to double-back and opt in, such as six Dallas County cities did during spraying there. The thunderstorms that postponed the process in Dallas County aren’t showing on the forecast in Denton. Horn doesn’t expect the same slowdown –– it’s now or never. “I think we’d be remiss if we weren’t proactive to try and get ahead of this situation,” she said. “This is something to be taken very seriously and I certainly hope our proactive approach will lessen the impact to the citizens of Denton County.” The planes will take off from Denton Municipal Airport between 9 p.m. and 2 a.m. Clarke, the same contractor used by Dallas County, will also be used in Denton County, Horn said. ### Collin County sees no need for aerial spraying By Bill Conrad, bconrad@starlocalnews.com Published: Friday, August 17, 2012 6:52 PM CDT While Dallas County has seen more than 200 cases of West Nile virus so far this summer, numbers in Collin County have remained significantly lower. As of Aug. 17, 230 cases of West Nile virus have been reported in Dallas County, nearly a third of all cases nationwide. There have been 34 cases in Collin County, including 14 in Plano. With such low numbers, Collin County Judge Keith Self said the county is not looking to make changes to its current mosquito eradication plan. "We don't need to use aerial spraying yet," Self said. "We have 34 cases and [most of them] are the fever cases, which is the lesser of the two diseases. We have also had no deaths, so there is no reason for us to move to aerial spraying." While the vast majority of Collin County will not be sprayed, the portions of Dallas and Richardson that lie within Collin County will be sprayed. The decision to ask the state for help eradicating mosquitoes was necessary, said Richardson Mayor Bob Townsend. "The evidence is very compelling that it is time to expand on mosquito control efforts in our region," Townsend said in a press release. "Health leaders from government agencies at the federal, state and local level, and third party medical groups, all support expanded action to limit the risks to people from contracting this potentially deadly disease." Janet McAllister, an entomologist with the Centers for Disease Control, called the transmission of West Nile virus a very complex process that is driven by local factors. As a result, large disparities in the frequency of the disease from one area to another are not uncommon. "Even though mosquitoes don't recognize political boundaries or property boundaries, you can have epicenters of outbreaks in one county that have less affect in the next county," she said. Once the numbers of infected mosquitoes reach the level they have in Dallas County, aerial spraying is the best way to reduce numbers, McAllister said. "The research indicates that spraying two to three consecutive nights can drop the population to almost undetectable levels," she said. "You can knock down the population doing that, and then about a week later you will have the mosquito numbers start to come back up because the larvae are not killed by the adulticide sprays." Mosquito larvae are best targeted using a larvicide, a technique the city of Plano has been employing for several months, said Geoffrey Heinecke, the city's environmental health manager. The larval stage lasts about a week, at which time the now-adult mosquito gains the ability to fly and becomes susceptible to the sprays. Aerial spraying is far more effective than ground-based spraying primarily because of the delivery system, McAllister said. The ability to blanket marshes, parks and other areas that are not reachable by road is the primary advantage, but the use of airplanes also allows larger areas to be covered in a given timeframe, she added. McAllister said the poison should not harm humans or pets, although efforts should be taken to avoid coming into contact with it. "A lot of it has to do with the dose," she said. "Think of it like Aspirin. If you take two Aspirin it is beneficial for you, if you take the whole bottle it will kill you. The insecticides are the same way. What is put out in the environment to kill mosquitoes is a miniscule amount in micron-sized droplets that are effective in killing something small like mosquitoes, but they really don't harm larger animals." For information regarding the city of Plano's West Nile response plan, call the city's West Nile virus hotline at 972-941-7180 or visit www.plano.gov/Health/Pages/WNV.aspx.