11.27.2012 Town Council PacketPage 1 of 3
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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. Announcements of upcoming events
4. Presentation by Collin County Commissioner Matt Shaheen regarding a $400,000 grant from Collin
County for Creek Crossing Community Park and a $35,000 grant for Pecan Grove Park Trail
Connection.
5. 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.)
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
• November 13, 2012
5b. 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)
5c. Consider and act upon 1) an Interlocal Agreement between the Town of Prosper and
Collin County related to the construction of the Pecan Grove Park Trail Connection and
2) Resolution 12-78 authorizing the Town Manager to execute the same. (HW)
5d. Consider and act upon 1) an amendment to the contract with Collin County for Animal
Control Services, extending the agreement through FY2012-13 at a cost of $38,598, and
2) Resolution No. 12-79 authorizing the Town Manager to execute the same. (TE)
5e. Consider and act upon 1) an amendment to the contract with Collin County for Animal
Sheltering Services, extending the agreement through FY2012-13 at a cost of $26,754,
and 2) Resolution No. 12-80 authorizing the Town Manager to execute the same. (TE)
5f. Consider and act upon Resolution No. 12-71, establishing energy conservation goals as
required by Texas Health and Safety Code §388.005. (MG)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, November 27, 2012
Meeting begins at 6:00 p.m.
Page 2 of 3
5g. Consider and act upon Resolution No. 12-81, accepting and approving the 2012 Tax Roll.
(MG)
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 -
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:
7. Consider and act upon a proposal from the Prosper Independent School District to conduct two (2)
softball tournaments. (HW)
8. Appointment of a Board Member to the Library Board to fill a vacant unexpired term. (AP)
9. 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;
9a. 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.
9b. 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.
9c. Section 551.074. To deliberate the appointment employment and/or duties of the interim
Town Manager and/or permanent Town Manager.
10. To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
12. Adjourn.
CERTIFICATION
Page 3 of 3
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
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.
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]
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, Council Member
Curry Vogelsang and Council Member Mike Korbuly.
Absent: None
Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary;
Matthew Garrett, Finance Director; Hulon Webb, Development Director; and Chris Copple, Planning
Director.
2. Pastor Bo Thompson with Rheas Mill Baptist Church led the Invocation. The Pledge of Allegiance,
and Pledge to the Texas Flag were given.
3. Presentation and update from Oncor Electric, Inc., on the Willow Ridge power outage issue. Oncor
Area Manager Gerald Perrin gave an update regarding the Willow Ridge power outages. Mr. Perrin
noted that many of the power outages were due to weather related issues. Mr. Perrin explained that a
second reset sensor is being installed hopefully by January 2013 should automatically reset the power
should any future power outages occur from bad weather. Mr. Perrin encouraged residents to
continue to call in should any future power outages occur.
The following announcements were made:
• Active older adult fitness stations are now open at Frontier Park
• Mayor’s Senior Citizen luncheon starts November 14th at 11 a.m.
• Prosper Christmas Festival is scheduled for December 9th
• PYSA Little League signups start in December
• Softball Association registration is December 15th thru January 26th
• Youth Volleyball signups are December 17th thru February
• Prosper High School Football game is November 15th in Forney, Texas
4. CONSENT AGENDA
Council Member Dixon pulled Agenda Item 4e off consent to allow for discussion.
(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)
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway
Prosper, TX 75078
Tuesday, November 13, 2012
Council Meeting
6:00 p.m.
Page 2 of 6
• 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)
Deputy Mayor Pro Tem Dugger made a motion to approve Consent Items 4a.– 4d., as
presented. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 7-0.
Item 4e.was pulled off Consent to allow for discussion.
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. Planning Director Chris Copple was present to answer any questions.
Council Member Dixon urged staff to encourage Developers to build a high quality product.
Planning Director Chris Copple agreed.
Council Member Dixon made a motion to approve Item 4e., as presented. Motion seconded
by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
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 –
Resident Kelly Cooper spoke on the record stating she had an unfortunate and damaging event that
she felt compelled to enter into public record pertaining to public figures and local government. She
noted that copies of her comments were available for anyone requesting one. Ms. Cooper noted that
on October 19, 2012, the day before the runoff election for Council Place 1, an email was sent to
approximately 3,000 prosper email addresses with no less than 8 false statements about Kelly Cooper
and her civic engagement with the Council and her prior service with the Town. Ms. Cooper stated
that these statements were in writing and fit the text book definition of “libel”. She stated the email
was a “character assassination” and was sent by then Town Council candidate, Michael Korbuly.
Ms. Cooper stated the email invoked the “Prosper Town Record” repeatedly, in an attack meant to
damage and smear her reputation. She stated that her intent was to correct the lies that many
recipients clearly believed upon reading the email. Ms. Cooper read for the record, and in an effort to
clear her name, the following eight (8) false statements she states were emailed about her. (1)False
Statement – My opponent went on record with citizen’s comments opposing the building of
Prosper’s Community Build Windmill Playground which was financed and built by Prosper
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residents’ donations of monies and labor. (2) False Statement – My opponent has also openly
opposed and attacked the Town’s Parks and Recreation budget. (3) False Statement – These
statements and demands made by my opponent to the Town Council at public meetings directly
conflict with providing our residents a safe and quality leisure and youth recreational opportunity and
counter the Town’s efforts to do so. (4) False Statement – A vote for my opponent is a vote against
the parks, playgrounds, sports fields, and walking paths we currently enjoy as privileged residents of
the Town of Prosper. (5) False Statement – My opponent negligently failed to make mention of her
open statements to Town council against the aerial spraying for the West Nile Virus when it was at
no cost to the Town. (6) False Statement- the Council unanimously voted to do the opposite of her
demands and took action by allowing Denton County to spray. (7) False Statement - My opponent is
neither engaged in nor connected with the true needs of our community. (8) False Statement - My
opponent is actively engaged in regularly addressing the Town Council to oppose community
amenities such as parks, community services such as free West Nile spraying, and instead actively
seeks to cripple the Town’s ability to provide the existing community amenities through budget and
staff reductions while also contrarily telling voters that she supports the growth of our Town. Ms.
Cooper thanked the Council and Citizens for their time and asked Council Member Korbuly to
provide, for the record, where he got his information to make such claims about her, noting it was
clearly not from the Prosper Town Record.
Resident Ginger Jose did not wish to speak, however, filled out a speaker request form noting
power outages are happening at Willow Ridge and at Bradford Farms.
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) Development Director
Hulon Webb briefed Council regarding this item. Mr. Webb explained that 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. Mr.
Webb noted that Town staff has worked with PASO to make sure there is availability at the
requested times. Mr. Webb also noted that all users are required to enter into a Folsom Field User
Agreement so that the allowed use of the facility is agreed to. Mr. Webb read aloud the questions
and answers related from the October 12, 2012 Town Council Meeting:
• 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
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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.
The following citizens filled out a speaker request form on this item:
Resident Brad Christy spoke regarding insurance and liability, wear and tear on the fields, field use
by non residents of Prosper, limited field space, coaching, and comments spoken at the prior Council
Meeting from Council Member Korbuly quoting, “only issue is allowing a club soccer team to come
into Prosper soccer and pilfer our kids when there are only three (3) kids from Prosper on that team.”
Mr. Christy stated that Mr. Korbuly’s statement that three (3) girls on the team are Prosper residents
is a false statement as the team has five (5) players that reside in Prosper. Mr. Christy presented a
photo of soccer goal not properly secured and a pothole located at Folsom Park stating safety should
be a primary concern. He noted that Council Member Korbuly’s statement of “being caught” and
“we found them out there” were insulting and puts out the perception that the parents and team are
criminals. Mr. Christy asked that the Town be fair and take back true ownership from allocation, to
field security, to field maintenance, to keeping all sports, and town members having a chance to
schedule and not let one organization basically have a monopoly on the fields. Mr. Christy reminded
Council that these fields are taxpayer funded and he disagreed with one organization dictating the
times and uses.
Resident Kevin Foley spoke stating more girls are expected to join the team with Prosper’s rapidly
increasing population. Mr. Foley urged Council to provide fair treatment in regards to field use for
all kids.
Resident Eric Cecil spoke stating the field use in his opinion is discriminating against select teams.
Mr. Cecil stated the Town needs to provide for the older age groups and allow competitive teams to
share soccer fields.
Resident David Serano spoke urging Council to allow competitive teams use of available soccer
fields.
Council Member Dixon explained that Prosper is limited on its resources and noted that the
Recreation Teams have field priority.
Council Member Dixon made 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, as presented. Motion seconded by Council
Member Wilson. Motion approved by vote of 7-0.
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. Development Director
Hulon Webb briefed Council regarding this item. Mr. Webb noted that this item is to consider
unforeseen enhancement options for Preston Road improvements and amend the FY 2012-2013
Budget, providing for the supplemental appropriation of certain funds. Details are the following:
Page 5 of 6
(1) Expenditure not to exceed $40,000 from the General Fund for the powder 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 galvanized (silver) poles, this expenditure will accommodate the costs associated with
powder coating all of the traffic poles the “Prosper Brown”.
(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 lighted decorative 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 contractor’s 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.
Council Member Vogelsang made a motion to approve Ordinance 12-39, amending Ordinance
12-28 and approve additional appropriations in the amount of $145,000 in the FY 2012-2013 Streets
General Fund Budget for improvements to the Preston Road widening project. Motion seconded by
Mayor Pro Tem Miller. Motion approved by vote of 7-0.
8. EXECUTIVE SESSION
Deputy Mayor Pro Tem Dugger made a motion to recess into closed session at 7 p.m. Motion
seconded by Council Wilson. Motion approved by 7-0.
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.
Deputy Mayor Pro Tem Dugger made a motion to reconvene into Regular Session at 8:53 p.m.
Motion seconded by Council Member Dixon. Motion approved by vote of 7-0.
Page 6 of 6
9. 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 closed session.
10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Deputy Mayor Pro
Tem Dugger asked staff to provide updates n the CIP projects to include monthly updates.
11. Adjourn. Council Member Korbuly made a motion to adjourn the meeting at 8:53 p.m. Motion
seconded by Council Member Wilson. Motion approved by vote of 7-0.
The meeting adjourned at 8:54 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
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 27, 2012
Date: November 16, 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 20, 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. Site plan for Whispering Farms Commercial Center, Block A, Lot 4-E, on 0.7± acre, located
on the east side of Coit Road, 600± feet south of Prosper Trail.
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Page 1 of 1
Prosper is a place where everyone matters.
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 27, 2012
Date: November 14, 2012
Agenda Item:
Consider and act upon 1) an Interlocal Agreement between the Town of Prosper and Collin
County related to the construction of Pecan Grove Park Trail Connection and 2) a resolution
authorizing the Town Manager to execute the same
Description of Agenda Item:
Town staff submitted an application to the Parks and Open Space Grant Program with Collin
County to assist with the construction of the Pecan Grove Trail Connection between La Cima
and Willow Ridge. In October of 2012, $35,000 in matching funds was approved by the County
for construction of the hike and bike trail. The Interlocal governmental agreement (ILA) attached
to this staff report outlines the terms associated with the acceptance of the $35,000 in funding.
Budget Impact:
The funds will provide $35,000 to the Town towards the construction of the Pecan Grove Park
Trail Connection.
Legal Obligations and Review:
There has been no legal review by the Town Attorney of this document. The document is Collin
County’s standard agreement acknowledging the Town’s acceptance of the Parks and Open
Space Funding Award.
Attached Documents:
• Resolution
• ILA
• Project Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the Interlocal Agreement between
the Town of Prosper and Collin County related to the construction of the Pecan Grove Park Trail
Connection and 2) adopt a resolution authorizing the Town Manager to execute the same.
PARKS &
RECREATION
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-78
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 AN
INTERLOCAL AGREEMENT FOR CONSTRUCTION OF PECAN
GROVE TRAIL CONNECTION BETWEEN COLLIN COUNTY 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, an
Interlocal Agreement for construction of Pecan Grove Trail Connection between Collin
County and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 27th day of November, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
To: Mayor and Town Council
From: Trish Eller, Code Compliance Officer
CC: Hulon Webb T. Webb, Jr., P.E., Director of Development Services/Town
Engineer
Chris Copple, AICP, Planning Director
Re: Town Council Meeting – November 27, 2012
Date: November 14, 2012
Agenda Item:
Consider and act upon 1) an amendment to the contract with Collin County for Animal Control
Services, extending the agreement through FY2012-13 at a cost of $38,598, and 2) a resolution
authorizing the Town Manager to execute the same.
History:
The Town of Prosper has been contracted with Collin County Animal Services since July 2006.
Collin County Animal Services did notify the existing Towns and Cities which they service that
there would be an increase due to the need of addition for new employees which would affect
the FY2012-13 Budget. The notification came in February of 2012 in a meeting conducted by
Collin County Animal Control and a more detailed notification provided in March of 2012.
Description of Agenda Item:
The Town of Prosper contracts with Collin County to consolidate animal control services with
several other municipalities. The cost for Animal Control Services under this amendment
represents a $4,035 increase over that of FY2011-12.
Budget Impact:
$38,598 for the Animal Control Services is in the budget for FY2012-13.
Legal Obligations and Review:
N/A.
Attached Documents:
1. Contract Amendment Documents from Collin County.
2. Resolution authorizing the Town Manager to execute the contract.
Town Staff Recommendation:
Town Staff recommends the Town Council approve 1) an amendment to the contract with Collin
County for Animal Control Services, extending the agreement through FY2012-13 at a cost of
$38,598 and 2) a resolution authorizing the Town Manager to execute the same.
Prosper is a place where everyone matters.
CODE
COMPLIANCE
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-79
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 THE
CONTRACT WITH COLLIN COUNTY FOR ANIMAL CONTROL
SERVICES, EXTENDING THE AGREEMENT THROUGH FY 2012-13,
AT A COST OF $38,598.
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, the
amendment to the contract with Collin County for Animal Control Services, extending the
agreement through FY 2012-13 at a cost of $38,598.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 27th of November 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
To: Mayor and Town Council
From: Trish Eller, Code Compliance Officer
CC: Hulon Webb T. Webb, Jr., P.E., Director of Development Services/Town
Engineer
Chris Copple, AICP, Planning Director
Re: Town Council Meeting – November 27, 2012
Date: November 14, 2012
Agenda Item:
Consider and act upon 1) an amendment to the contract with Collin County for Animal
Sheltering Services, extending the agreement through FY2012-13 at a cost of $26,754, and 2) a
resolution authorizing the Town Manager to execute the same.
History:
The Town of Prosper has been contracted with Collin County Animal Services since July 2006.
Collin County Animal Services did notify the existing Towns and Cities which they service that
there would be an increase due to the need of addition for new employees which would affect
the FY2012-13 Budget. The notification came in February of 2012 in a meeting conducted by
Collin County Animal Control and a more detailed notification provided in March of 2012.
Description of Agenda Item:
The Town of Prosper contracts with Collin County to consolidate animal sheltering services with
several other municipalities. The cost for Animal Sheltering Services under this amendment
represents a $3,134 increase over that of FY2011-12.
Budget Impact:
$26,754 for Animal Sheltering Services is in the budget for FY2012-13.
Legal Obligations and Review:
N/A.
Attached Documents:
1. Contract Amendment Documents from Collin County.
2. Resolution authorizing the Town Manager to execute the contract.
Town Staff Recommendation:
Town Staff recommends the Town Council approve 1) an amendment to the contract with Collin
County for Animal Sheltering Services, extending the agreement through FY2012-13 at a cost of
$26,754, and 2) a resolution authorizing the Town Manager to execute the same.
Prosper is a place where everyone matters.
CODE
COMPLIANCE
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-80
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 THE
CONTRACT WITH COLLIN COUNTY FOR ANIMAL SHELTERING
SERVICES, EXTENDING THE AGREEMENT THROUGH FY 2012-13
AT A COST OF $26,754.
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, the
amendment to the contract with Collin County for Animal Sheltering Services, extending
the agreement through FY 2012-13 at a cost of $26,754.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 27th of November 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 2
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – November 27, 2012
Date: November 15, 2012
Agenda Item:
Consider and act upon Resolution 12-71, establishing energy conservation goals as required by
Texas Health and Safety Code §388.005.
Description of Agenda Item:
The Texas Health and Safety Code § 388.005 requires that Cities in nonattainment areas
commit to reduce energy consumption each year by at least five percent (5%). There are no
penalties in the statute for failure to adopt the energy conservation goals, failure to meet the
goals, or failure to file the required reports.
The goal is impractical for a variety of reasons, not the least of which is the fact that most street
lights are unmetered. Nonetheless, the legislature has required that nonattainment area cities
adopt the 5% per year reduction goal. Resolution 12-71 will accomplish that objective.
In addition to adopting the required energy conservation goal, the resolution reminds the
nonattainment area city that the statute requires the filing of an annual compliance report.
TCAP assists the Town with data gathering, but staff will have to draw from multiple electricity
providers since the Town still has some regulated markets.
To the extent that Prosper does not meet the 5% reduction requirement in any given year, we
must provide justification that we have already implemented all available cost effective
measures.
Budget Impact:
None directly to FY 2013. Future energy-saving measures would need to be proposed and
possibly funded to achieve the established goal.
Legal Obligations and Review:
Resolution drafted in conjunction with TCAP by Lloyd Gosselink Rochelle, & Townsend, P.C.
Attached Documents:
Resolution 12-71 Establishing the Energy Conservation Goal
Board/Committee Recommendation:
N/A
Prosper is a place where everyone matters.
Administration
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve Resolution 12-71, establishing energy
conservation goals as required by Texas Health and Safety Code §388.005.
.
2229280.1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-71
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ESTABLISHING ENERGY CONSERVATION
GOALS AS REQUIRED BY TEXAS HEALTH AND SAFETY CODE
§ 388.005, AS AMENDED BY SENATE BILL 898 OF THE 82ND
LEGISLATIVE SESSION OF 2011, STATE OF TEXAS; REQUIRING
THE FILING OF AN ANNUAL REPORT ON COMPLIANCE WITH THE
TOWN’S ENERGY CONSERVATION GOALS WITH THE STATE
ENERGY CONSERVATION OFFICE (“SECO”) ON A FORM PROVIDED
BY SECO; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Senate Bill 898 of the 82nd Legislative Session of 2011 amends the Texas
Health and Safety Code § 388.005, to require political subdivisions in nonattainment areas to
establish a goal to reduce electric consumption by at least five percent each state fiscal year fo r
10 years beginning September 1, 2011; and
WHEREAS, the Town of Prosper, Texas (“Town”) is a political subdivision located in a
nonattainment area or in an affected county, not otherwise exempted from having to establish an
energy conservation goal; and
WHEREAS, Senate Bill 898 requires the Town to file an annual report of energy
conservation efforts with SECO on a form to be provided by SECO; and
WHEREAS, reduction in consumption of electricity at Town electric accounts will
reduce electric generation requirements, which will in turn have a beneficial impact on ERCOT
system reliability, air quality, and the Town’s budget.
NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS THAT:
Section 1: The Town hereby establishes a goal that electricity consumption be reduced
by five percent each fiscal year for ten years, beginning September 1, 2011.
Section 2: The Town file an annual energy consumption goal compliance report with
SECO on a form provided by SECO.
Section 3: This resolution shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS ON THIS 27th DAY OF NOVEMBER, 2012.
2229280.1
APPROVED:
____________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy Piukana, TRMC, Town Secretary
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – November 27, 2012
Date: November 15, 2012
Agenda Item:
Consider and act upon Resolution 12-81 accepting and approving the 2012 Tax Roll.
Description of Agenda Item:
The Texas Property Tax Code, Section 26.09 (e) requires the Town Council to approve the
Appraised Roll with tax amounts entered by the Assessor. The Collin County Tax Assessor
Collector provided the attached letter and 2012 Tax Roll Summary with a taxable value of
$1,319,647,141.
Budget Impact:
Consistent with Budget
Legal Obligations and Review:
Approval of this resolution is required by the Texas Property Tax Code, Section 26.09 (e).
Attached Documents:
Letter from the Collin County Tax Assessor Collector
2012 Tax Roll Summary
Resolution 12-81 Approving the 2012 Tax Roll
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council approve Resolution 12-81, approving the 2012
Tax Roll as provided by the Assessor.
Prosper is a place where everyone matters.
Administration
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-81
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ACCEPTING
AND APPROVING THE 2012 APPRAISAL ROLL WITH TAX AMOUNTS ENTERED BY THE
ASSESSOR, RESOLVING OTHER MATTERS RELATING TO THE SUBJECT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Texas Property Tax Code, Section 26.09(e) requires the Town Council to approve the
Appraisal Roll, and
WHEREAS, the Town received notification from the Collin County Tax Assessor Collector as to the
Tax Roll jurisdiction summary as of October 3, 2012, and
WHEREAS, a statement summary of said 2012 Tax Roll is attached hereto as Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
Section 1. The Town Council of the Town of Prosper, Texas does hereby accept and approve the 2012
Tax Roll as submitted by the Collin County Tax Assessor Collector.
Section 2. That the attached Exhibit “A” constitutes the official Town of Prosper 2012 Tax Roll,
containing a taxable value of $1,319,647,141.
Section 3. That all matters stated in the preamble of this resolution are true and correct and are hereby
incorporated into the body of this resolution as if copied in their entirety.
Section 4. That this resolution is effective on the date of passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, on this 27th day of November, 2012.
____________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Amy Piukana TRMC, Town Secretary
0
KENNETH L.MAUN
TAX ASSESSOR COLLECTOR
COLLIN COUNTY
2300 Bloomdale Road
P.O.Box 8046
McKinney,TX 75070-8046
(972)547-5020
METRO (972)424-1460 ext.5020
FAX (972)547-5040
Email:kmauncollincountytexas.gov
October 3,2012
Ray Smith,Mayor
Town of Prosper
P0 Box 307
Prosper,TX 75078
Dear Ray Smith,
Attached is the 2012 Tax Roll Summary for the Town of Prosper.
Submission of the 2012 Tax Roll to your governing body for approval,in accordance with Texas Property
Tax Code,Section 26.09,will constitute the 2012 Tax Roll for Town of Prosper.
Please provide my office a copy of your ordinance approving the Tax Roll at your earliest convenience.
While this is a formality in the Texas Property Tax Code,we do want to fulfill the requirements of the law
and do appreciate your cooperation.
If you have any questions,please let me know.
Sincerely,
Kenneth L.Maim
Tax Assessor Collector
Cc:Ron
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MBA,Comptroller
Matthew Garrett,Finance Director
Lori
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Accounting Manager
Run Date:September 24,2012 Collin County Page 6 of 67
2012 TAX ROLL SUMMARY 05-PROSPER CITY
Amount Count
NUMBER OF ACCOUNTS 5,853
MARKET VALUES
ROLLCODE:MOBILE HOME
Improvement $122,781
Improvement Non-Home Site $4,030
ROLLCODE:PERSONAL
Personal $38,159,679
ROLLCODE:REAL
Agriculture $467,800,763
Improvement $781,857,160
Improvement Non-Home Site $109,679,299
Land $316,033,059
Land Ag Land $1,627,279
Land Non-Home Site $155,598,925
TOTAL MARKET VALUE $1,870,882,975
DEFERRALS
Ag $467,800,763 309
TOTAL DEFERRALS $467,800,763
EXEMPTIONS
Absolute Exemption $70,694 1
Cap Adjustment $1,383,723 42
Disabled Veteran $2,896,460 41
Full $73,189,771 256
Nominal Value $4,587 24
Over 65 $3,470,000 350
Pollution Control $2,419,836 4
TOTAL EXEMPTIONS $83,435,071
GRAND TOTAL FOR DEFERRALS AND EXEMPTIONS $551,235,834
TOTAL MARKET VALUE $1,870,882,975
TAXABLE VALUE $1,319,647,141
ROLLCODE:MOBILE HOME
Levy $659.39 25
ROLLCODE:PERSONAL
Levy $197,662.09 403
ROLLCODE:REAL
Levy $6,638,695.31 5,425
TOTAL LEVY $6,837,016.79
LEVY LOST DUE TO FROZEN $25,148.14
TaxRollSummary.rpt Revised September 24,2012
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 27, 2012
Date: November 14, 2012
Agenda Item:
Consider and act upon a proposal from the Prosper Independent School District to conduct two
(2) softball tournaments.
Description of Agenda Item:
Town staff has received a request from Johnny Bledsoe with the Prosper Independent School
District (PISD) to discuss two (2) softball tournaments at Frontier Park. The proposed dates for
the first tournament are February 21st – 23rd, 2013 and the second tournament is February 28,
2013. Staff has provided two (2) cost breakdowns for the proposed use of the fields below
based on 1) the proposed tournament fee structure approved by the Parks and Recreation
Board on July 12, 2012; and 2) the current park user fee ordinance that was used last year to
calculate the proposed charge to PISD for the use of Frontier Park.
PISD Softball Tournament Fee Schedule
(Note: Sunset times approximately 6:20 pm)
Field #1 Field #1 w/ Lights Field #2 Field #2 w/ Lights
Thursday 21st 3 3 3 3
Friday 22nd 7 3 1 3
Saturday 23rd 6 0 6 0
Thursday 28th 3 3 0 0
19 hrs 9 hrs 10 hrs 6 hrs
1) Proposed Tournament Fee:
$100 per day per field, $10 per hour per field, a $25 per team entry fee, a $20 per hour for field
light usage, requiring a $500 minimum charge for any tournament, to require a $500 deposit
only refundable due to inclement weather, and to require a $1,000,000 insurance policy naming
the Town on the policy.
Prosper is a place where everyone matters.
PARKS &
RECREATION
Tournament 1: 3 days, 2 fields, 38 hours, 13 teams, 12 hours light usage, $500 deposit = $2,045
Tournament 2: 1 day, 1 field, 6 hours, 6 teams, 3 hours light usage, $500 deposit = $ 870
TOTAL FEES = $2,915
2) Current Park User Fee Ordinance:
$30/hour per field with no lights and $45/hour per field with lights.
Cost for non lighted field hours ($30*29 hours) = $ 870
Cost for lighted field hours ($45*15 hours) = $ 675
TOTAL FIELD USAGE FEE = $1,545
Staff has also included staff time for additional maintenance during the tournament.
Field preparations (materials) = $ 75
Staff Hours = $ 500
TOTAL MAINTENANCE FEE = $ 575
TOTAL FEES = $2,120
The concessions for the softball tournament are proposed to be operated by the Prosper Youth
Sports Association.
At the January 12, 2012 Parks and Recreation Board Meeting, the Parks and Recreation Board
approved a motion to charge the PISD $529 for the use of the Frontier Park softball fields for
tournament play on February 23rd – 25th, 2012. It was later decided by the Town Council at their
February 14, 2012 Town Council Meeting to waive the charge to the PISD for the use of Frontier
Park softball fields for tournament play.
Attached Documents:
• PISD Proposal
Parks and Recreation Board Recommendation:
At the November 8, 2012 Parks and Recreation Board Meeting, the Parks and Recreation
approved a motion to charge the PISD $800 for the use of the Frontier Park softball fields for
tournament play on February 21st – 23rd, 2013 and February 28th, 2013. The $800 was
calculated as follows:
• Cost for electricity ($15*15 hours) = $225
• Field preparations (materials) = $ 75
• Staff Hours = $500
• TOTAL FEE = $800
Town Staff Recommendation:
Town staff recommends the Town Council discuss setting a fee to charge the PISD for use of
the Frontier Park to conduct two (2) softball tournaments.
2013: PISD Tournament Schedule for Frontier Park
February 21 - 23, 2013.
Thursday Feb. 21
PHS Field Frontier Park #1 Frontier Park #2
3:00 Pilot Point vs Lindale Celina vs Greenville Lone Star vs Denison
5:00 Prosper vs Sulpur Springs Wakeland vs Community North Lamar vs Lindale
7:00 Prosper vs Lone Star Sulphur Springs vs Denison Pilot Point vs Centennial
Friday Feb. 22
PHS Field Frontier Park #1 Frontier Park #2
11:00 Celina vs Community Wakeland vs Greenville
1:00 Celina vs Wakeland Lone Star vs Sulphur Springs
3:00 Pilot Point vs Sul. Springs Community vs Greenville
5:00 North Lamar vs Centennial Celina vs Denison Prosper vs Denison
7:00 Prosper vs Greenville Pilot Point vs North Lamar Centennial vs Lindale
Saturday Feb. 23
PHS Field Frontier Park #1 Frontier Park #2
10:00 Denison vs Centennial Pilot Point vs Wakeland Lindale vs Community
12:00 Lone Star vs Community Greenville vs North Lamar Wakeland vs Sulphur Springs
2:00 Prosper vs North Lamar Celina vs Centennial Lone Star vs Lindale
Trophy games seeded according to record.
Tie-breakers:
1. Head to Head
2. Record vs common opponent
3. Runs allowed in all games.
4. Coin flip.
PHS Field Frontier Park #1 Frontier Park #2
4:00 3 vs 4 7 vs 8 11 vs 12
6:00 1 vs 2 (Championship) 5 vs 6 9 vs 10
February 28, 2013.
Thursday Feb. 28 Frontier Park: 3:30pm 5:30pm 7:30pm