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11.13.2012 Town Council PacketPage 1 of 3 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Presentation and update from Oncor Electric, Inc., on the Willow Ridge power outage issue. 4. 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.) 4a. Consider and act upon minutes from the following Council meeting(s) (AP) • October 23, 2012 – Regular Town Council Meeting • October 30, 2012- Special Called Town Council Meeting • October 30, 2012 – Town Council Work Session Meeting 4b. Consider and act upon Resolution No. 12-70, canceling the December 25, 2012 Town Council Meeting. (AP) 4c. Consider and act upon the Quarterly Investment Portfolio for the period ending September 30, 2012. (MG) 4d. Consider and act upon the September 30, 2012 monthly financial statements. (MG) 4e. 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) 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 Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, November 13, 2012 Meeting begins at 6:00 p.m. Page 2 of 3 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 1) a Folsom Field User Agreement between the Town of Prosper and Tony Fonseca, related to the use of Folsom Park for soccer practices and 2) Resolution 12-77 authorizing the Town Manager to execute the same. (Tabled from previous meeting) (HW) 7. Consider and act upon Ordinance 12-39 amending Ordinance 12-28 and approving additional appropriations in the amount of $145,000 in the Streets General Fund Budget for the Fiscal Year 2012-2013 Budget for improvements to the Preston Road Widening project. (MG) 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 551.087. To deliberate regarding Economic Development Negotiations regarding property located south of Frontier, west of Custer Road, north of 380 and east of 1385. 8b. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on Prosper Trail west of Preston Road and east of Coleman Street. 8c. Section 551.074. To deliberate the appointment employment and/or duties of the interim Town Manager and/or permanent Town Manager. 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 on the following date and time: By __________________________ at 4:00 p.m. and remained so posted at least 72 hours before said meeting was convened. ________________________________ Amy Piukana, TRMC Town Secretary Page 3 of 3 If during the course of the meeting covered by this Notice, the Town Council should determine that a closed or executive meeting or session of the Town Council or a consultation with the attorney/special counsel for the Town should be held or is required, then such closed or executive meeting or session or consultation with the attorney/special counsel as authorized by the Texas Open Meetings Act, Texas Government Code, §551.001, et seq., will be held by the Town Council at the date, hour and place given in this Notice or as soon after the commencement of the meeting covered by this Notice as the Town Council may conveniently meet in such closed or executive meeting or session or consult with the attorney/special counsel for the Town concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes: Texas Government Code: §551.071 - Consultation with the attorney/special counsel for the Town. §551.072 - Discussion regarding the purchase, exchange, lease or value of real property. §551.074 - Discussion regarding personnel matters. NOTICE Pursuant to Town of Prosper Ordinance Number 07-04, all speakers other than Town of Prosper Staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. 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 5 ] 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, Council Member Danny Wilson and Council Member Curry Vogelsang. Absent: None Staff Members present: Lyle Dresher, Interim Town Manager; Rebecca Brewer, Town Attorney; Amy Piukana, Town Secretary; Matthew Garrett, Finance Director; Frank Jaromin, Public Works Director; and Chris Copple, Planning Director. 2. Pastor Jim Lugar with Life Journey Church led the Invocation. The Pledge of Allegiance, and Pledge to the Texas Flag were given. 3. Announcements of dates and times of upcoming community events. Council Member Wilson announced the following: o Early Voting is Oct. 22nd through Nov. 2nd. o Election Day is November 6th, 7a.m. - 7 p.m. @ Prosper Library o Citizens Police Academy starts November 1st Agenda Item Nos. 4 & 5 were combined. 4. Certify and canvass the October 20, 2012 runoff election results for Town Council Member Place 1, unexpired term. (AP) 5. Presentation of Oath of Office to Town Council Member, Place 1. (AP) Town Attorney Rebecca Brewer explained that normally in a May election a canvass can be conducted three days after Election Day. Ms. Brewer noted that in an election other than May such as this election, state law requires the canvass be conducted no sooner than eight days and no later than eleven days. The Town Attorney recommended that Council table this item and Item No. 5, Presentation of Oath of Office to the Special Meeting set for October 30, 2012 to certify and canvass the October 20, 2012 runoff election results. Council Member Wilson made a motion to table the election certification and canvass of the October 20, 2012 runoff election and oath of office to the October 30, 2012 Special Called meeting. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0. 6. Presentation by Prosper Youth Sports Association. At the applicant’s request, Mayor Smith tabled this item to the next regular scheduled Town Council Meeting. Minutes Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Prosper, TX 75078 Tuesday, October 23, 2012 Council Meeting 6:00 p.m. Page 2 of 5 7. 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.) Deputy Mayor Pro Tem Dugger made a motion to pull Consent Items 7b, 7c, 7d off Consent to allow for discussion. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 6-0. 7a. Consider and act upon minutes from the following Council meeting(s) (AP) • October 9, 2012 – Regular Town Council Meeting Deputy Mayor Pro Tem Dugger made a motion to approve Consent Item 7a, as presented. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 6-0. 7b. Consider and act upon 1) a Folsom Field User Agreement between the Town of Prosper and Tony Fonseca, related to the use of Folsom Park for soccer practices and 2) Resolution 12-77 authorizing the Town Manager to execute the same. (HW) Council had questions regarding liability insurance and field use with club teams. Council advised staff to conduct more research for review at the next Council meeting. Council Member Wilson made a motion to table this item to the November 13, 2012 regular Town Council Meeting. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0. 7c. Consider and act upon Ordinance No. 12-35 rezoning 40.9± acres, located on the south side of Frontier Parkway, 2,600± feet west of Custer Road, from Agricultural (A) to Planned Development-Single Family-Estate (PD-SF-E). (Z12-0006) (CC) Mayor Ray Smith recused himself from voting on this item due to a possible conflict of interest. Mayor Pro Tem Dugger made a motion to approve Ordinance No. 12-35 rezoning 40.9± acres, located on the south side of Frontier Parkway, 2,600± feet west of Custer Road, from Agricultural (A) to Planned Development-Single Family-Estate (PD-SF-E). Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0. Mayor Smith rejoined the meeting. 7d. Consider and act upon Change Order #1 to Tiseo Paving, Co., for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements. (MB) Project Manager Michael Bulla was present to answer questions. After discussion, Council Member Vogelsang made a motion to approve Change Order #1 to Tiseo Paving, Co., for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements, as presented. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. 8. CITIZEN’S COMMENT Page 3 of 5 (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 David Vestal spoke against the election for Local Option Proposition for all alcohol sales and noted that allowing liquor stores in Prosper would increase crime and diminish the quality of life in the community. Resident Jim Wicker spoke against the Local Option Proposition for all alcohol sales noting the Town currently sells beer and wine and had concerns with a flyer he received by mail that in his opinion was very deceptive, with pictures of a retail grocery store indicating the sale of fine wine. Mr. Wicker also stated the petition signatures were very deceptive and misleading. Mr. Wicker urged Council to take action and notify the Secretary of State’s Office of the deceptive practices of the Better Business for Prosper Committee, and recommended the Town be prepared for zoning regulations and liquor sales if it should pass, and he also noted the ballot language is very confusing. Resident Ann Lieber spoke in opposition to the Liquor election stating the flyer she received was very misleading with no contact information listed and in her opinion looks like the Town is supporting the Local Option Proposition. Resident Ernie Sanders spoke stating TXDOT conducted a public hearing on October 9, 2012 regarding expansion of Hwy 380 from (4) four lanes to (6) six lanes. Mr. Sanders explained that as part of the hearing, TXDOT provided a document on the Environmental Impacts resulting from the expansion. It was noted in the potential social, economic and environmental effects of the proposed action document which can be found on the TXDOT website at http://www.keepitmovingdallas.com/public-hearings/2012/us-380from-west-of-cr-26-to-fm-2478 that there would be a noise impact directly attributable to the highway expansion. However, TXDOT will not be addressing the noise issue due to the cost associated with remedying the issue. Mr. Sanders explained that TXDOT is expecting the Town of Prosper to address via Buffer zones and traffic controls. Mr. Sanders urged council to seek some form of monies from TXDOT to offset additional costs the Town would incur as a result of the expansion and asked Council to help lobby TXDOT to provide noise barriers for the residents. Resident Melissa Randle spoke against the election for Local Option Proposition for all alcohol sales stating the flyers from the Better Businesses for Prosper were very misleading and deceptive. Resident Pamela Nishimoto spoke against the election for Local Option Proposition for all alcohol sales stating the flyer passed out to residents was unethical and a deceptive use of marketing. Ms. Nishimoto urged Council to notify the State. Resident Capp Perry spoke regarding Library Services with City of Frisco, urging Council to consider entering into an agreement to allow Prosper residents to use other Library facilities without a fee to residents. The Town Attorney stated that the Town might consider entering into an interlocal agreement with the City of Frisco. Page 4 of 5 Resident Roger Flood spoke regarding the Friends of the Library event that will take place this Saturday at 10:45 for kids which will include pumpkin decorating and crafts for young kids. Mr. Flood noted there are several other programs stating Nov. 17th is a Holiday reading program, and noted the Friends of the Library will have a booth at the Christmas Festival. Mr. Flood added that books are for sale and raffle tickets will be available. Resident Katie Garms did not wish to speak, however; filled out a speaker form urging Council to follow up and take action regarding the ongoing train noise irritating residents that live near Dave Trail in Prosper. 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: 9. Accept resignation of a Board of Adjustment member and appointment of a member to fill an unexpired term on the Planning & Zoning Commission, and appointment of a member to fill an unexpired term on the Board of Adjustment. (AP) Mayor Pro Tem Miller made a motion to accept the resignation of Craig Moody from the Board of Adjustment and appoint Craig Moody to the Planning & Zoning Commission and appoint Thomas Frazier to the Board of Adjustment alternate position moving and appointing Helen Sanders to a regular Board of Adjustment Member. Motion seconded by Council Member Vogelsang. Motion approved by 6-0. 10. Consider and act upon an interlocal agreement with Collin County for Library Services. (LS) Town Librarian Linda Shaw was present to answer any questions. Deputy Mayor Pro Tem Dugger made a motion to approve an interlocal agreement with Collin County for Library Services, as presented. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. 11. Discussion of a holiday Schedule for Town Council Meetings. (LD) Interim Town Manager Lyle Dresher briefed Council on this item noting the Thanksgiving and upcoming Christmas Holidays. Mr. Dresher explained that Council Meetings are set for the second and fourth Tuesday of each month and noted Christmas day is the fourth Tuesday of the month of December. Council advised staff to bring forward a Resolution to cancel the December 25, 2012 meeting due to the holidays. 12. EXECUTIVE SESSION Deputy Mayor Pro Tem Dugger made a motion to adjourn into Executive Session at 6:48 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. Page 5 of 5 Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as authorized by the Texas Open Meetings Act to deliberate regarding; 12a. Section 551.087. To deliberate regarding Economic Development Negotiations regarding property located south of Frontier, west of Custer Road, north of 380 and east of 1385. 12b. 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 recent claim(s)/demand(s) made by David Lightfoot. 12c. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property generally located on Prosper Trail west of Preston Road and east of Coleman Street. Deputy Mayor Pro Tem Dugger made a motion to reconvene into Regular Session at 7:44 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. 13. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. No action was taken as a result of Executive Session. 14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council advised staff to research the Willow Ridge power outages at Willow Ridge and check into a interlocal agreement with the City of Frisco for joint Library usage. 15. Adjourn. Deputy Mayor Pro Tem Dugger made a motion to adjourn the meeting at 7:45 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0. The meeting adjourned at 7:46 p.m. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Amy M. Piukana, TRMC Town Secretary Page 1 of 1 ] 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 Michael Korbuly and Council Member Danny Wilson. Note: Council Members Jason Dixon and Councilman Curry Vogelsang arrived after the roll call was given. Staff Members present: Lyle Dresher, Interim Town Manager; Rebecca Brewer, Town Attorney; Amy Piukana, Town Secretary; Chris Copple, Planning Director and Hulon Webb, Development Director. 2. Training from/Discussion with Town Attorney on such topics to include, but not be limited to, the Town Charter (such as, among other things, form of government, general powers of the Town, role of the Town Council and Town Manager, conflicts of interest, rules of procedure and investigations by the Town Council), Open Meetings Act, Public Information Act and Code of Ethics. 3. Adjourn. Deputy Mayor Pro Tem Dugger made a motion to adjourn at 8:09 p.m. Motion seconded by Council Member Korbuly. Motion approved by vote of 7-0. The meeting adjourned at 8:11 p.m. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Amy M. Piukana, TRMC Town Secretary Work Session Minutes of the Prosper Town Council Prosper ISD Administration Board Room 605 E. 7th Street, Prosper, Texas Tuesday, October 30, 2012 6:00 p.m. Page 1 of 2 ] 1. Call to Order / Roll Call. Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tem Kenneth Dugger, and Council Member Danny Wilson. Absent: Council Member Jason Dixon and Council Member Curry Vogelsang. Staff Members present: Lyle Dresher, Interim Town Manager; Rebecca Brewer, Town Attorney; Amy Piukana, Town Secretary; Chris Copple, Planning Director and Hulon Webb, Development Director. 2. Mayor Smith led the Invocation. The Pledge of Allegiance, and Pledge to the Texas Flag were given. 3. Consider and act upon an Ordinance canvassing the election returns of the Special Runoff Election of October 20, 2012, to fill the vacancy in Place 1 on the Prosper Town Council. Town Secretary Amy Piukana briefed Council regarding this item. Ms. Piukana read the official tabulation results noting Michael Korbuly received 373 votes and Kelly Cooper received 370 of the total votes cast. Town Attorney Rebecca Brewer briefed Council regarding the definition of a majority vote verses the definition of plurality vote. Ms. Brewer noted that Article XI, Section 11 of the Texas Constitution requires a majority vote for members of a governing body for cities having officer terms in excess of two (2) years. Ms. Brewer also noted that the home rule charter provision requires a majority vote. Mayor Pro Tem Miller made a motion to approve Ordinance No. 12-36, canvassing the election returns of the Special Runoff Election of October 20, 2012 to fill the vacancy in Place 1 on the Prosper Town Council, as presented. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 4-0. 4. Issuance of the Certificate of Election and Qualification for Office, including the issuance of the Oath of Office, to Prosper Town Council Member, Place 1. Town Secretary Amy Piukana gave Michael Korbuly his oath of office and presented him with his certificate of election. 5. EXECUTIVE SESSION Mayor Pro Tem Miller made a motion to recess into Executive Session. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 5-0. Recess into Closed Session in compliance with §551.001, et seq., Texas Government Code, to wit: Section 551.071. Meeting with the 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 related to the regulation of establishments selling alcoholic beverages. Minutes Special Called Meeting of the Prosper Town Council Prosper ISD Administration Board Room 605 E. 7th Street, Prosper, Texas Tuesday, October 30, 2012 5:30 p.m. Page 2 of 2 Deputy Mayor Pro Tem Dugger made a motion to reconvene into Regular Session at 6:09 p.m. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 5-0. 6. Reconvene into Regular Session and take any action necessary as a result of the Closed Session, including but not limited to: Consider and act upon an Ordinance adopting Section 4.02.002 of Article 4.02 of Chapter 4 of the Prosper Code of Ordinances related to the sale of alcohol. Deputy Mayor Pro Tem Dugger made a motion to approve an Ordinance adopting Section 4.02.002 of Article 4.02 of Chapter 4 of the Prosper Code of Ordinances related to the sale of alcohol. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 5-0. 7. Adjourn. Deputy Mayor Pro Tem Dugger made a motion to adjourn at 6:10 p.m. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 5-0. The meeting adjourned at 6:11 p.m. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _______________________________ Amy M. Piukana, TRMC Town Secretary TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-70 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY CANCELLING THE DECEMBER 25, 2012 REGULAR TOWN COUNCIL MEETING NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The December 25, 2012 Regular Town Council meeting is cancelled. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13th day of November, 2012. ______________________________ Ray Smith, Mayor ATTEST TO: _________________________ Amy Piukana, TRMC Town Secretary PR&i5°P°FR “A PLACE WHERE EVERYONE MATTERS” Investment Portfolio Summary For the Quarter Ended September 30,2012 Prepared By Lori Heikkinen Accounting Manager Town of Prosper Town of Prosper Quarterly Investment Report Investment Officers’Certification For the Quarter Ended September 30,2012 This report is prepared for the Town of Prosper (“Town’)in accordance with Chapter 2256 of the Public Investment Act (‘PFIA”),Section 2256.023(a).The PFIA states that ‘Not less than quarterly,the investment officer shall prepare and submit to the governing body of the entity a written report of the investment transactions for all funds covered by this chapter for the preceding reporting period.” This report is signed by the Town’s Investment Officers and includes the disclosures required in the PFIA.Market values were obtained from TexPool,TexStar,Independent and Collin Bank statements. The investment portfolio complied with the PFIA and the Town’s approved Investment Policy and Strategy throughout the period.All investment transactions made in the portfolio during this period were made on behalf of the Town and were made in full compliance with the PFIA and the Town’s approved Investment Policy. (‘14L 6%Z6L- Town of Prosper Quarterly Investment Report Summary Information For the Quarter Ended September 30,2012 This report is prepared for the Town of Prosper (‘Town’)in accordance with the Town’s Investment Policy and reporting requirements. In accordance with the Investment Policy,the Town’s Investment Officer shall prepare and submit to the governing body of the entity a written report of the investment transactions for all funds. For the quarter ending September 30,2012,the Town has twenty-four(24)accounts with a total market value of $40,799,507.04 and total interest earned on these accounts for the quarter is $50,090.51.The Town had four (4)Certificate of Deposit accounts from Collin Bank totaling $6.2 million dollars with maturity dates ranging from eighteen (18)months to twenty-four (24)months. The distribution of these funds are as follows: General Fund -Par value and market value of $7,115,865.26 Water Sewer Fund -Par value and market value of $8,262,764.77 I &S Fund -Par value and market value of $925,546.15 Internal Service Fund -Par value and market value of $102,991.60 Storm Drainage Fund -Par value and market value of $222,129.83 Parks Fund -Par value and market value of $1,241,156.68 Impact Fees Fund -Par value and market value of $7,791,735.50 Special Revenue Fund -Par value and market value of $2,325,185.10 Capital Projects Fund -Par value and market value of $12,812,132.15 The purchase date of all Certificates of Deposits is listed below with maturity date and percent of interest for the CD.: Two eighteen (18)month certificates with maturity dates of December 10,2012 and June 12,2013 earning 1.20%and 1.15%interest. Two twenty-four (24)month certificates with maturity dates of June 10,2013 and December 12,3013 earning 1.40%and 1.34%interest. The Economic Development Corporation has accounts with total par and market value of $2,378,222.59 and interest earnings for the quarter is $6,003.51.EDC had $183,153.39 in additions and $52,814.86 in withdrawals for the quarter. The composition,by security types,for these funds is 26%Government Pools,60%Local Bank deposits and 14%in certificates of deposit.This consists of:20%is in TexStar,6%in TexPool,60%in the local bank and 14%certificates of deposit.TexStar and TexPool are Texas Local Government Investment Pools and the certificates are with the Collin Bank at Frisco,Texas. The change in value from June 30,2012 through September 30,2012 for The Town of Prosper funds is $22,059,503.62 in additions and $15,237,494.18 in withdrawals.The breakdown per fund can be found on the CHANGE IN VALUE sheet of the portfolio. The investment portfolio complied with the PFIA and the Town’s approved Investment Policy and Strategy throughout the period.All investment transactions made in the portfolio during this period were made on behalf of the Town and were made in full compliance with the PFIA and the Town’s approved Investment Policy. The U.S.Treasury yield curve is presented on a graph to serve as a benchmark comparison. Town of Prosper Portfolio Composition September 30,2012 Portfolio Composition by Security Types Govt Pools 11,032,393. CD’s ______6,200J00 Bank Deposits 25,945,336 60% Portfolio Composition By Issuer CD’s 6,200,000 .. 14/o TexStar 8,52892 TexPool 2,502,501 6% Bank 25,945,336 60% Town of Prosper FIXED INCOME DISTRIBUTION September 30,2012 Summa Information Totals Town of Prosper Par Value 40,799,507.04 Market Value 40,799,507.04 Adjusted Cost Net Gain/Loss Annual Income Prosper Economic Development Par Value 2,378,222.59 Market Value 2,378,222.59 Adjusted Cost Net Gain/Loss Annual Income Combined Totals Par Value 43,177,729.63 Market Value 43,177,729.63 Adjusted Cost Net Gain/Loss Annual Income Security Descriotion ________ General Fund Bank -Payroll Bank -Operating TexPool TexSTAR Bank -FSA Bank -State Fines Bank -Clearing Account MXSourceCredit Card Certificate of Deposit Certificate of Deposit interest &Sinking Fund Bank -Debt Payments TexPool Certificate of Deposit Certificate of Deposit Internal Service Fund Bank-Internal Service Fund independent Bank Town of Prosper DETAIL OF SECURITY HOLDINGS As of September 30,2012 Purchase Purchase Book Market Market Days to Thjce Value Maturity jd 100.00 397.81 397.81 100.00 397.81 1 1.1600% 100.00 4317210.10 4,317,210.10 100.00 4,317,210.10 1 1.1600% 100.00 84,143.85 84,143.85 100.00 84,143.85 1 0.1366% 100.00 697,243.67 697,243.67 100.00 697,243.67 1 0.1379% 100.00 5,136.95 5,136.95 100.00 5,136.95 1 1.1600% 100.00 9,184.83 9,184.83 100.00 9,184.83 1 1.1600% 100.00 0.01 0.01 100.00 0.01 1 0.0000% 100.00 2,548.04 2,548.04 100.00 2,548.04 1 0.0000% 100.00 1,000,000.00 1,000,000.00 100.00 1,000,000.00 71 1.2000% 1000 1,000,000.00 1,000,000.00 100.00 1,000,000.00 253 1.4000% 100.00 7,115,865.26 7,115,865.26 100.00 7,115,865.26 Storm Drainage Fund Bank -Operating independent Bank 222,129.83 100.00 222,129.83 222,129.83 100.00 222,129.83 1 1.1600% Parks Fund Bank -Parks Dedication independent Bank Bank -Parks improvement independent Bank TexSTAR -Park Dedication TexStar TexSTAR -Park Improvement TexStar ______________ Impact Fees Fund Bank -Operating(Thoroughfare)Independent Bank 2,060,359.67 Bank -Operating(W.Thorfare)Independent Bank 71,555.93 Bank -Operating(Water)Independent Bank 391,388.71 Bank -Operating(Sewer)Independent Bank 577,679.01 TexPool -Operating(ThoroughfanTexPool 675,102.48 TexPool -Operating(Water)TexPool 850,354.06 TexPool -Operating(Sewer)TexPool 683,373.79 TexStar -Operating(ThoroughfarE TexStar 1,181,363.92 TexStar-Operating(Water)TexStar 995,313.16 TexStar -Operating(Sewer)TexStar 305,244.77 7,791,735.50 100.00 1,988.57 1,988.57 100.00 1,988.57 1 1.1600% 100.00 677.39 677.39 100.00 677.39 1 1.1600% 100.00 1,149,876.24 1,149,876.24 100.00 1,149,876.24 1 0.1379% 100.00 88,614.48 88,614.48 100.00 88,614.48 1 0.1379% 100.00 1,241,156.68 1,241,156.68 100.00 1,241,156.68 100.00 2,060,359.67 2,060,359.67 100.00 2,060,359.67 1 1.1600% 100.00 71,555.93 71,555.93 100.00 71,555.93 1 1.1600% 100.00 391,388.71 391,388.71 100.00 391,388.71 1 1.1600% 100.00 577,679.01 577,679.01 100.00 577,679.01 1 1.1600% 100.00 675,102.48 675,102.48 100.00 675,102.48 1 0.1366% 100.00 850,354.06 850,354.06 100.00 850,354.06 1 0.1366% 100.00 683,373.79 683,373.79 100.00 683,373.79 1 0.1366% 100.00 1,181,363.92 1,181,363.92 100.00 1,181,363.92 1 0.1379% 100.00 995,313.16 995,313.16 100.00 995,313.16 1 0.1379% i.00 305,244.77 305,244.77 100.00 305,244.77 1 0.1379% 100.00 7,791,735.50 7,791,735.50 100.00 7,791,735.50 Price CostinstitutionParValue Independent Bank 397.81 Independent Bank 4,317,210.10 TexPool 84,143.85 TexSTAR 697,243.67 Independent Bank 5,136.95 Independent Bank 9,184.83 Independent Bank 0.01 MX Account 2,548.04 Collin Bank 1,000,000.00 Collin Bank 1,000,000.00 7,115,865.26 independent Bank 4,188,390.83 Prosper Bank 69,666.03 TexPool 4,707.91 Collin Bank 1,500,000.00 Collin Bank 1,500,000.00 Collin Bank 1,000,000.00 8,262,764.77 Water/Sewer Fund Bank -Operating Bank -Operating TexPool Certificate of Deposit Certificate of Deposit Certificate of Deposit Independent Bank TexPool Coliin Bank Collin Bank 687,949.51 37,596.64 100,000.00 100,000.00 925,546.15 102,991.60 100.00 4,188,390.83 4,188,390.83 100.00 4,188,390.83 1 1.1600% 100.00 69,666.03 69,666.03 100.00 69,666.03 1 0.1000% 100.00 4,707.91 4,707.91 100.00 4,707.91 1 0.1366% 100.00 1,500,000.00 1,500,000.00 100.00 1,500,000.00 71 1.2000% 100.00 1,500,000.00 1,500,000.00 100.00 1,500,000.00 253 1.4000% 100.00 1,000,000.00 1,000,000.00 100J0 1,000,000.00 438 1.3400% 100.00 8,262,764.77 8,262,764.77 100.00 8,262,764.77 100.00 687,949.51 687,949.51 100.00 687,949.51 1 1.1600% 100.00 37,596.64 37,596.64 100.00 37,596.64 1 0.1366% 100.00 100,000.00 100,000.00 100.00 100,000.00 71 1.2000% 100J0 100,000.00 100,000.00 100.00 100,000.00 255 1.1500% 100.00 925,546.15 925,546.15 100.00 925,546.15 100.00 102,991.60 102,991.60 100.00 102,991.60 1 1.1600% 1,988.57 677.39 1,149,876.24 88,614.48 1,241,156.68 Town of Prosper DETAIL OF SECURITY HOLDINGS As of September 30,2012 Security Purchase Purchase Book Market Market Days to Description Institution Par Value jçe Value Maturity jid SDecial Revenue Fund Bank -Escrow Independent Bank 1352,858.96 100.00 1,352,858.96 1,352,858.96 100.00 1,352,858.96 1 1.1600% TexStar TexStar 972,326.14 100.00 972,326.14 972,326.14 100.00 972,326.14 1 0.1379% 2,325,185.10 100.00 2,325,185.10 2,325,185.10 100.00 2,325,185.10 Capital Prolects Fund Bank -2004 Bond Independent Bank 258,197.61 100.00 258,197.61 258,197.61 100.00 258,197.61 1 1,1600% TexPool -2004 Bond TexPool 165,898.72 100.00 165,898.72 165,898.72 100.00 165,898.72 1 0.1366% TexStar-2006 Bond TexStar 866,332.08 100.00 866,332.08 866,332.08 100.00 866,332.08 1 0.1379% TexStar-2008 Bond TexStar 2,272,388.43 100.00 2,272,388.43 2,272,388.43 100.00 2,272,388.43 1 0.1379% Bank -2008 Bond Independent Bank 133,897.82 100.00 133,897.82 133,897.82 100.00 133,897.82 1 0.7500% Bank -2010 Tax Note Independent Bank 66,912.13 100.00 66,912.13 66,912.13 100.00 66,912.13 1 Bank -2012 Bond Independent Bank 9,038,578.68 100.00 9,038,578.68 9,038,578.68 100.00 9,038,578.68 1 0.4000% Bank -2011 Refund Bond Independent Bank 9,926.68 100.00 9,926.68 9,926.68 100.00 9,926.68 1 1.1600% 12,812,132.15 100.00 12,812,132.15 12,812,132.15 100.00 12,812,132.15 TOTAL TOWN OF PROSPER 40,799,507.04 100.00 40,799,507.04 40,799,507.04 100.00 40,799,507.04 Economic Development Bank -Operating (EDC)Independent Bank 2,375,709.45 100.00 2,375,709.45 2,375,709.45 100.00 2,375,709.45 1 1.1600% TexPool -EDO TexPool 1,323.96 100.00 1,323.96 1,323.96 100.00 1,323.96 1 0.1366% TexStar-EDO TexStar 1,189.18 100.00 1,189.18 1,189.18 100.00 1,189.18 1 0.1379% TOTAL EDC 2,378,222.59 100.00 2,378,222.59 2,378,222.59 100.00 2,378,222.59 TOTAL TOWN OF PROSPER &EDC 43,177,729.63 43,177,729.63 43,177,729.63 43,177,729.63 F Security Description General Fund Bank -Payroll Bank -Operating TeicPool TexSTAR Bank -FSA Bank -State Fines Bank -Clearing Account MXSourceCredit Card Certificate of Deposit Certificate of Deposit WaterlSewer Fund Bank -Operating Bank -Operating TexPool Certificate of Deposit Certificate of Deposit Certificate of Deposit Interest &Sinkino Fund Bank -Debt Payments TesPool Certificate of Deposit Certificate of Deposit Internal Service Fund Bank-Internal Service Fund Storm Drainage Fund Bank -Operating Soecial Revenue Fund Bank -Escrow Bank -Escrow Capital Protects Fund Bank -2004 Bond TexPol -2004 Bond TenStar -2006 Bond TenStar -2008 Bond Bank -2008 Bond Bank -2010 Tax Note Bank -2012 Bond Bank -2011 Refund Bond tnstitution Independent Bank Independent Bank TexPool TexSTAR Independent Bank Independent Bank Independent Bank MX Account Collin Bank Collin Bank Independent Bank Prosper Bank TenPocl Collin Bank CoIIin Bank CoIIin Bank Independent Bank TexPool CoIIin Bank CoIlin Bank Independent Bank Independent Bank Independent Bank TexSTAR Independent Bank TexPool TexStar TexStar Independent Bank Independent Bank Independent Bank independent Bank Independent Bank TexPool TexStar Town of Prosper CHANGE IN VALUE From 07101/12 to 09/30/12 Parks Fund Bank -Parks &Recreation Independent Bank Bank -Parks &Recreation TexSTAR Impact Fees Fund Bank -Operating/Impact Fees)Independent Bank TexPool -Operating)Impact Fees)TexPool TexStar -Operating/Impact Fees)TexStar Maturity 07/01/12 07/01/12 Additions Interest Accrued 09/30/12 09/30/12 Q1 Book Value Market Value Purchases Withdrawal Received Book Value Market Value Yi!c1 1,14375 1,143.75 788,972.23 789754.15 35.98 -397.81 397.81 1.1600% 5,245,672.44 5,245,672.44 7,371,768.15 8,312,477.75 12,247.26 -4,317,210.10 4,317,210.10 1.1600% 84,113.95 84,113.95 --29.90 -84,143.85 84,143.85 0.1366% 340,068.93 340,068.93 357,013.69 -161.05 697,243.67 697,243.67 0.1379% 13,811.08 13,811.08 10,318.28 19,014.34 21.93 5,136.95 5,136.95 1.1600% 21,794.84 21,794.84 17,319.00 30,000.00 70.99 -9,184.83 9,184.83 1.1600% 0.01 0.01 ---0.01 0.01 0.0000% 872.73 872.73 8,000.00 6,324.69 --2,548.04 2,548.04 0.0000% 6/10/2013 1,000,000.00 1,000,000.00 ----1,000,000.00 1,000,000.00 1.2000% 12/10/2012 1,000,00000 1,000,000.00 ----1,000,000.00 1,000,000.00 1.4000% 6.180.651.79 7.707,477.73 8,553,391.35 9.157.570,93 12,567.11 -7,115,865.26 7,115.865.26 3,585,18796 3,585,187.96 2,974,546.76 2,381,363.13 10,019.24 -4,188,390.83 4,188,390.83 1.1600% 69,648.47 69,648.47 --17.56 -69,666.03 69,666.03 0.1000% 4,706.14 4,706.14 --1.77 -4,707.91 4,707.91 0.1366% 12/10/2012 1,500.000.00 1,500,000.00 ----1,500,000.00 1,500,000.00 1.2000% 6/10/2013 1,500,000.00 1,500,000.00 ----1,500,000.00 1,500.000.00 1.4000% 12/12/2013 1,000,000.00 1,000,000.00 ----1,000,000.00 1,000,000.00 1.3400% 7,659,542.57 7,659,542,57 2,974,546.76 2,381,363.13 10,038.57 -8,262.764.77 8,262.764.77 1,588,225.69 1,588,225.69 53,474.45 956,597.40 2,846.77 -687,949.51 687,949.51 1.1600% 37,583.38 37,583.38 --13.26 -37,596.64 37,596.64 0.1366% 12/10/2012 100,000.00 100,000.00 ----100,000.00 100,000.00 1.2000% 6/12/2013 100,000.00 100,000.00 ----100,000.00 100,000.00 1.1500% 1,845,071.33 1,825.809.07 53,47445 956,597.40 2,860.03 -925,546.15 925,546.15 77,555.05 77,555.05 28,305.16 3,091.61 223.00 -102,991.60 102,991.60 1.1600% 181,354.16 181,354.16 52,535.72 12,324.18 564.13 -222,129.83 222,129.83 1.1600% 168,384.43 168,384.43 17,794.67 183,766.69 253.55 -2,665.96 2,665.96 1.1600% 1,238,061.09 1,238,061.09 --429.63 -1,238,490.72 1,238,490.72 0.1379% 1,562,090.72 1,406,445.52 17,794.67 183,766.69 683.18 -1,241,156.68 1,241,156.68 3,112,001.40 3,112,001.40 506,906.00 525,531.50 7,607.42 -3,100,983.32 3,100,983.32 1.1600% 2,208,052.09 2,208,052.09 --778.24 -2,208,830.33 2,208,830.33 0.1366% 2,481,034.89 2,481,034.89 --886.96 -2,481,921.85 2,481,921.85 0.1379% 7,425,191 50 7,801,088.38 506,90600 525,531.50 9,272.62 -7,791.735.50 7,791,735.50 1,392,962.76 1,392,962.76 45,829.20 89,380.19 3,447.19 -1,352,858.96 1,352,858.96 1.1600% 971,988.79 971,988.79 --337.35 -972,326.14 972,326.14 0.1379% 2.484,084.06 2,364,951.55 45,829.20 89,380.19 3,784.54 -2,325,185.10 2,325,185.10 257,546.84 257,546.84 --650.77 -258,197.61 258,197.61 1.1600% 165,840.27 165,840.27 --58.45 -165,898.72 165,898.72 0.1366% 870,41408 870,414.08 -4,392.50 310.50 -866,332.08 866,332.08 0.1379% 2,624,087.26 2,624,087.26 -352,621.19 922.36 -2,272,388.43 2,272.388.43 0.1379% 899,451.15 899,451.15 -766,557.55 1,004.22 133.897,82 133,897.82 0.7500% 66,912.13 66,912.13 ---66,912.13 66,912.13 --9,826,720.31 795,250.31 7,108.68 9,038.578.68 9,038,578.68 0.4000% 18,93133 18,931.33 -9,047.00 42.35 9,926.68 9,926.68 1.1600% 4.986,00860 4,903,183.06 9,826,720.31 1,927,868.55 10,097.33 -12.812,132.15 12,812.132.15 32,422,847.65 33,927,407.09 22,059,503.62 15.237,494,18 50,090.51 -40.799,507.04 40.799.507.04 2,239,368.18 2,239,368.18 183,153.39 52,814.86 6,002.74 2,375.709.45 2,375,709.45 1.1600% 1,323.53 1,323.53 --0.43 -1,323.96 1,323.96 0.1366% 1,188.84 1,188.84 --0.34 -1,189.18 1,189.18 0.1379% 2,133,529.93 2,241,880.55 183,153.39 52,814.86 6,003.51 -2,378.222.59 2,378.222.59 34,556,377.58 36,169,287.64 22,242.657.01 15.290,309.04 56,094.02 -43,177,729.63 43,177,729.63 TOTAL TOWN OF PROSPER Economic Development Bank -Operating )EDC) TexPool -EDC TexStar -EDC TOTAL EDC TOTAL TOWN OF PROSPER &EDC Town of Prosper EARNED $NCOME From 07101112 to 09130112 Ending Adjusted Security Purchased Sold Interest Earned Accrued Accrued Earned Descriotion /tst/)on iokrnt /ntoro)Received /otsttol 10101681 lototeal loccImfi 11o10 General Fund Bank -Payroll Bank -Operating TesPool TenSTAR Bank -FSE Bank -State Fines MXSourceCredlt Card Certificate of Depssit Certificate of Deposit Water/Sewer Fund Bank -Operating Bank -Operating TeoPool Certificate of Deposit Certificate of Deposit Certificate of Deposit interest &Slnktno Fund Bank -Debt Payments TeaPool Certificate of Deposit Certificate of Deposit Independent Bank Independent Bank TenPool TeaSTAR Independent Bank Independent Bank MX Account Collin Bank Collin Bank Independent Bank Prosper Bank TeaPool Collin Bank Collin Bank Collin Bank Independent Bank TeaPool Collin Bank Collin Bank -35.98 35.98 -12,247.26 12,247.26 -29.90 29.90 -161.05 181.05 21.93 21.93 -70.99 70.99 -10,019.24 10,019.24 -17.56 17.56 -1.77 1.77 -2,846.77 2,846.77 -13.26 13.26 Economic DeveloDment Bank -Operating )EDC)Independent Bank TeaPool -EDC TeoPool TeoStar -EDC TeaStar TOTAL EDO -6,002.74 6,002,74 -0.43 0.43 -0.34 0.34 -6,003.51 6,003.51 6,002.74 1.1600% 0.43 0.1366% 0.34 0.1379% 6,003.51 --35.98 1.1600% --12,247.26 1.1600% --29.90 0.1366% 161.05 0.1379% 21.93 1.1600% --70.99 1.1600% ---0.0000% - -12,567,11 12,567.11 --12,567.11 --10,019,24 1.1600% --17.56 0.1000% --1.77 0.1366% -10,038.57 10,038.57 --10,038.57 •-2,846.77 1.1600% --13.26 0,1386% --2,860.03 2,860.03 --2,860,03 --223.00 223.00 --223.00 1.1600% internal Service Fund Bank-Internal Service Fund Independent Bank Storm Drainage Fund Bank -Operating Parks Fund Bank -Parks &Recreation Independent Bank Bank -Parks &Recreation TeaSTAR Imoact Fees Fund Bank -Operating/Impact Fees)Independent Bank TenPool -Operafing)Impact Pees)TeoPool TesStar -Operating/Impact Fees)TeaStar Soeclal Revenue Fund Bank -Escrow Independent Bank Bank -Escrow TeoSTAR Independent Bank --564.13 564.13 --564.13 1.1600% Ceottal Projects Fund Bank -2004 Bond Independent Bank TeaPool -2004 Bond TeaPool TeeStar -2006 Bond TenStar TeaStar -2008 Bond TeaSlar Bank -2008 Bond Independent Bank Bank -2010 Tao Note Independent Bank Bank -2012 Bond Independent Bank Bank -2011 Refund Bond Independent Bank -168,384.43 253.55 253.55 --253.55 0.1366% --429.63 429.63 --429.63 0.1379% -168,384.43 683.18 883.18 --683.18 --7,607.42 7,607.42 --7,607.42 1.1600% - -778.24 778.24 778.24 0.1366% - -886.96 886.96 --886.96 0.1379% - -9,272.82 9,272.62 --9,272.62 --3,447.19 3,447.19 --3,447.19 1.1600% --337.35 337.35 --337.35 0.1379% --3,784.54 3,784.54 --3,784.S4 --650.77 650.77 --650.77 1.1600% --58.45 S8.45 --58.45 0.1388% --310.50 310.50 --310.50 0.1379% --922.36 922.36 --922.36 0.1379% --1,004.22 1,004.22 --1,004.22 0.7500% 7,108.68 7,108.68 7,108.68 0.4000% ____________ 42.3S 42.35 --42.35 1.1600% --10,097.33 10,097.33 --10,097.33 -168,384,43 50,090.51 50,090.51 --50,090.51TOTALTOWNOFPROSPER TOTAL TOWN OF PROSPER &EDO 188.38443 5609402 88.09402 56.09402 0.00% 3 month 6 month 1 year 2 year 3 year 5 year 10 year 30 year 9/30/11 0.02%0.06%0.13%0.25%0.42%0.96%1.92%2.90% 9/28/12 0.10%0.14%0.17%0.23%0.31%0.62%1.65%2.82% Maturity U.S.Treasury Yield Curve as Benchmark September 30,2011 versus September 30,2012 5.00% 4.00% 3.00% 2.00% 1.00% a) —0—9/30/11 9/28/12 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 – November 13, 2012 Date: November 7, 2012 Agenda Item: 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. Description of Agenda Item: Attached are the site plans and/or preliminary site plans acted on by the Planning & Zoning Commission at their November 5, 2012 meeting. Per the Town’s Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any site plan or preliminary site plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Preliminary site plan for Prosper Trail Office Center, Block A, Lots 1-4 on 4.2± acres, located on the southwest corner of Coit Road and Prosper Trail, approved by a vote of 6-0. 2. Site plan for Prosper Trail Office Center, Block A, Lots 1 and 2 on 2.1± acres, located on the south side of Prosper Trail, 600± feet west of Coit Road, approved by a vote of 6-0. Town Staff Recommendation: Town staff recommends the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING M A T C H L I N E (S E E T H I S S H E E T )M A T C H L I N E (S E E T H I S S H E E T ) Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Lyle Dresher, Interim Town Manager Re: Town Council Meeting – November 13, 2012 Date: November 8, 2012 Agenda Item: Consider and act upon 1) a Folsom Field User Agreement between the Town of Prosper and Tony Fonseca, related to the use of Folsom Park for soccer practices and 2) Resolution 12-77 authorizing the Town Manager to execute the same. Description of Agenda Item: Tony Fonseca is a coach with a soccer team that is not part of the Prosper Area Soccer Organization (PASO) but has kids from the Town of Prosper that play on the team. As such he is requesting to practice at Folsom Park. Town staff has worked with PASO to make sure there is availability as the requested times. In conjunction with the use of Frontier Park, all users are required to enter into a Folsom Field User Agreement so that the allowed use of the facility is agreed to. Attached is a signed copy of the Folsom Field User Agreement. At the October 23, 2012 Town Council Meeting, the Town Council had the following questions related to this agreement: • Why is the Town doing a Folsom Field User Agreement with Tony Fonseca? o Answer: It is a standard agreement that the Lakes of La Cima HOA requires for all users of the practice fields at Folsom Park. • Why is the Town allowing a non recreational/club soccer team with only 3 kids from Prosper on field? o Answer: The practice fields have time slots not being utilized by the recognized sports organizations that are available to be reserved by other teams. Since this team has players that either live in Prosper or attend the PISD, staff coordinated with PASO (Prosper Area Soccer Organization) to find a suitable time and space. • Where is their insurance for utilizing the Town fields? o Answer: North Texas State Soccer Association provides liability insurance for the team but the Town has its own insurance on the facility. A copy of the Certificate of Liability Insurance for Tony Fonseca is attached. Budget Impact: The rental cost for the use of the fields is $607.50 and has been paid. Legal Obligations and Review: Legal review of this item is not required at this time. Prosper is a place where everyone matters. PARKS & RECREATION Page 2 of 2 Attached Documents: 1. Resolution 2. Folsom Field User Agreement 3. Certificate of Liability Insurance Town Staff Recommendation: Town staff recommends that the Town Council make a motion to approve a Folsom Field User Agreement between the Town of Prosper and Tony Fonseca, related to the use of Folsom Park for soccer practices and Resolution 12-77 which shall take effect immediately upon its passage with the effective date of the agreement contemplated herein being October 23, 2012. TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-77 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 FOLSOM FIELD USER AGREEMENT FOR THE USE OF FOLSOM PARK FOR SOCCER PRACTICES BETWEEN TONY FONSECA 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 Folsom Field User Agreement for the use of Folsom Park for soccer practices between Tony Fonseca and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage with the effective date of the agreement contemplated herein being October 23, 2012. RESOLVED THIS THE 13th day of November, 2012. _________________________ Ray Smith, Mayor ATTEST TO: _________________________ Amy Piukana Town Secretary THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE: FAX: E-MAIL ADDRESS: PRODUCER CUSTOMER ID#: INSURERS AFFORDING COVERAGE NAIC # INSURED Insurer A: Insurer B: Insurer C: Insurer D: Insurer E: Insurer F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD'L INSRD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY)LIMITS DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR _________________________________ _________________________________ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A EACH OCCURRENCE MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG BODILY INJURY (Per person) BODILY INJURY (Per accident) EACH OCCURRENCE AGGREGATE E. L. EACH ACCIDENT E. L. DISEASE - EA EMPLOYEE E. L. DISEASE - POLICY LIMIT DAMAGE TO RENTED PREMISES (Ea occurance) COMBINED SINGLE LIMIT (Ea accident) PROPERTY DAMAGE (Per accident) WC STATU- OTH- TORY LIMITS ER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/26/2012 OCCUR CLAIMS-MADE Y/N COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09)The ACORD name and logo are registered marks of ACORD Pullen Insurance Services, Inc. 2560 River Park Plaza, Suite 300 Fort Worth, TX 76116 Sports Division (817) 738-6100 (817) 738-2993 contact@pullenins.com TXN North Texas State Soccer Association 3803 Parkwood Boulevard, Suite 200 Frisco, TX 75034 National Casualty Company National Union Fire Insurance Company 11991 19445 12015066 0 A X X X KRO 2856200 9/1/2012 9/1/2013 $1,000,000 $300,000 $5,000 $1,000,000 UNLIMITED $1,000,000 A X X KRO 2856200 9/1/2012 9/1/2013 $1,000,000 A X X XKO 2856400 9/1/2012 9/1/2013 $5,000,000 B PARTICIPANT ACCIDENT MEDICAL SRG 9115346 9/1/2012 9/1/2013 $100,000 PER INJURY This certificate is issued on behalf of North Texas State Soccer Association & Frisco Soccer/Solar Chelsea Black. Certificate Holder is Additional Insured as respects the operations of the Named Insured for sanctioned activities of the state association. Certificate valid only for activities beginning 9/1/2012 and ending 8/31/2013. Town of Prosper Attn: Hulon T Webb., Jr. 407 E First St Prosper, TX 75078 Page 1 of 3 To: Mayor and Town Council From: Matthew B. Garrett, Finance Director CC: Lyle Dresher, Interim Town Manager Re: Town Council Meeting – November 13, 2012 Date: November 8, 2012 Agenda Item: Consider and act upon Ordinance 12-39 amending Ordinance 12-28 and approving additional appropriations in the amount of $145,000 in the Streets General Fund Budget for the Fiscal Year 2012-2013 Budget for improvements to the Preston Road Widening project. Description of Agenda Item: This item is to consider unforeseen enhancement options for Preston Road improvements and amend the Fiscal Year 2012-2013 Budget, providing for the supplemental appropriation of certain funds. Details regarding the expected expenses are below. 1. Expenditure not to exceed $40,000 from the General Fund for the powdering coating of the traffic signal poles on SH 289 (Preston Road). To aid in the establishment of a unique identity among the surrounding communities, a request was submitted to TxDOT to allow the Town of Prosper to select a color for the signal poles being installed within the SH289 project. In lieu of the standard silver poles, this expenditure will accommodate the costs associated with powder coating all of the traffic poles a “Prosper Brown”. Prosper is a place where everyone matters. Administration Page 2 of 3 2. Expenditure not to exceed $100,000 from the General Fund for the purchase and installation of illuminated street name signs on the traffic signal poles on SH 289 (Preston Road). To reinforce the unique identity associated with the Town of Prosper, a request was submitted to TxDOT to allow the Town to install Illuminated Street Signs at the signalized intersections within the SH289 project. In lieu of the standard green metal signage, this expenditure accommodates the purchase and installation of sixteen LED street name signs. 3. Expenditure not to exceed $5,000 from the General Fund for the relocation and activation of Opticom sensors and controls on the temporary and permanent signal poles on SH 289 (Preston Road). The project to widen SH289 (Preston) through the Town of Prosper required new signal poles be set at the First Street, Broadway, Prosper Trail, and Frontier intersections. TxDOT typically does not allow contractors access to the Town owned Opticom (traffic control system for emergency vehicles) system mounted with these traffic signals. This expenditure provides funding for service calls from Consolidate Traffic Controls to ensure certified technicians relocate the sensors and verify the Opticom system functions properly once the new traffic poles are installed. The Local Government Code allows changes to the budget for municipal purposes under Section 102.010. The Town Charter speaks to budget amendments in Section 7.09 as shown below. SECTION 7.09 Amending the Budget Under conditions which may arise and which could not reasonably have been foreseen in the normal process of planning the budget, the Town Council may, by the affirmative vote of a majority of the full membership of the Town Council, amend or change the budget to provide for any additional expense in which the general welfare of the citizenry is involved. These amendments shall be by ordinance, and shall become an attachment to the original budget. Page 3 of 3 Budget Impact: This amends the FY 2012-2013 Budget to cover the listed expenses over the originally budgeted appropriation total. Legal Obligations and Review: Ordinance language provided by Rebecca Brewer. Attached Documents: Ordinance 12-39, Amending the FY 2012-2013 Budget Board/Committee Recommendation: N/A Town Staff Recommendation: Town staff recommends that the Town Council consider the expected uses of the budget amendment and take action to approve if desired. If voting to approve the budget amendment, “I move to approve Ordinance 12-39 amending Ordinance 12-28 and approving additional appropriations in the amount of $145,000 in the Fiscal Year 2012-2013 Streets General Fund Budget for improvements to the Preston Road Widening project.” Amendment 1-2012-2013 Budget (Ordinance No. 12-39) – Preston Rd Improvements Page 1 565407.v1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-39 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 12-28 (2012-2013 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $145,000.00 IN THE STREETS GENERAL FUND BUDGET FOR IMPROVEMENTS TO THE PRESTON ROAD WIDENING PROJECT; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) has investigated and determined that it will be beneficial and advantageous to the citizens of the Town of Prosper, Texas (“Prosper”) to amend Ordinance No. 12-28 (2012-2013 Budget) for the purpose of making improvements to the Preston Road widening project (“Project”) to reinforce the unique identity associated with the Town of Prosper; WHEREAS, the estimated cost of identified enhancements in the Project is One Hundred Forty-Five Thousand Dollars and No/100 ($145,000.00); and 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: Amendment to Ordinance No. 12-28 (2012-2013 Budget). Ordinance No. 12-28 (2012-2013 Budget) is hereby amended to allow for the following appropriation: One Hundred Forty-five Thousand Dollars and No/100 ($145,000.00) shall be appropriated to Expense Account 10-5640-40-00. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecuti on for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: 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, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. Amendment 1-2012-2013 Budget (Ordinance No. 12-39) – Preston Rd Improvements Page 2 565407.v1 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this 13th day of November, 2012. Ray Smith, Mayor ATTEST TO: Amy Piukana, TRMC Town Secretary