07.12.2011 Town Council Minutest�
A
TOWN OF
PRSPER
Prosper is a place +,here everyone matters.
1. Call to Order / Roll Call.
Mayor Smith called the meeting to order at 6:01 p.m.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, July 12, 2011 at 6:00 p.m.
Council Members present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor
Pro -Tem Meigs Miller, Dave Benefield, Danny Wilson, Curry Vogelsang Jr. and Jason Dixon
Council Member(s) absent: None
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Chris Copple, Planning
& Zoning Manager; Wade Harden, Senior Parks and Recreation Planner; Matthew Garrett, Finance Director;
and Frank Jaromin, Public Works Director
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
The invocation was given by Council Member Benefield. The pledge of allegiance and pledge to the Texas
Flag was given.
3. Announcements of dates and times of upcoming community events.
Town Manager Mike Land reminded Council that the Upper Trinity Board is having a breakfast for members
on July 13, 2011 from 8:30 a.m. to 10:00 a.m. at the District Headquarters Campus in Lewisville.
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial.
The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove
any item for discussion and separate action. Council members may vote nay on any single item without
comment and may submit written comments as part of the official record.)
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings (AP)
June 28, 2011 — Regular Town Council Meeting
Mayor Pro -Tem Dugger moved to approve Consent Item 4a, as presented. Motion seconded by Deputy
Mayor Pro -Tem Miller. Motion approved by vote of 7-0.
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CITIZEN'S COMMENTS
The public is invited to address the Council on any topic. However, the Council is unable to discuss or tal
action on any topic not listed on this agenda. Please complete a "Public Comments Form" and present it
the Town Secretary prior to the meeting.)
4. Other Comments by the Public
Resident Catherine Nordon filled out a citizen comment card and spoke to Council regarding the
development of a community garden.
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 a request to rezone 47.7± acres, located on the south side of Fishtrap Road,
1,400± feet east of F.M. 1385, from Agricultural (A) and Planned Development -40 (PD -40) to Planned
Development -Single Family (PD -SF). (Z11-0008) (CC) Planning and Zoning Manager Chris Copple
briefed Council regarding the rezone request. The applicant is requesting to develop one hundred twenty
one (121) single family lots. Developer John Rose representing the applicant was present to answer an•
questions.
After discussion regarding set -backs, side yards and lot sizes, Deputy Mayor Pro -Tem Miller moved to
approve the request to rezone 47.7± acres, located on the south side of Fishtrap Road, 1,400± feet east of
F.M. 1385, from Agricultural (A) and Planned Development -40 (PD -40) to Planned Development -Single
Family (PD -SF) and adopting the revised Exhibit C. Motion seconded by Mayor Pro -Tem Dugger.
Motion approved by vote of 5-2, Council Member Vogelsang and Council Member Wilson voting against.
7. Consider and act upon the Fiscal Year 2011-2012 Budget Calendar. Finance Director Matthew
Garrett briefed Council Members regarding the creation of a Budget Calendar that complies with the truth in
taxation laws and open meetings requirements. Mr. Garrett explained that three dates have been proposed
including a Budget Work Session on July 25, 2011, another Budget Work Session on August 8, 2011 and a
Special Called Town Council Meeting on August 30, 2011.
Council agreed and set the meeting dates for the 2011 Budget Calendar as proposed.
8. Consider and discuss the issuance of debt for the purpose of refunding existing debt of the Town,
funding drainage improvements and Parks equipment. Finance Director and the Town's Financial Advisor
Jason Hughes briefed Council regarding refunding of the bond schedule, savings analysis and a schedule
estimating new issuance costs.
After discussion, Mayor Pro -Tem Dugger asked that the Town's Financial Advisor research the bond
refunding comparison of a 10 year bond verses a 7 year bond and the difference in savings. Council agreed
to consider this item on the August 23, 2011 Town Council Meeting.
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9. Consider and act upon Ordinance No. 11-50 authorizing a Water and Sewer Developer Participation
Agreement with Forest City Prosper Limited Partnership and Prosper Partners, L.P., for a Developer
Participation Agreement related to the construction of certain water and sewer infrastructure. Town
Manager Mike Land briefed Council regarding the participation agreements. Mr. Land explained that the
agreement provides water west from Preston Road along Highway 380 to east of Gee Road and gravity
sewer from Doe Branch Creek in an easterly direction just south of Fishtrap and east of Teel. The water line
will extend north at the Dallas North Tollway connecting into a line at First Street to complete service for
that area.
After discussion regarding Impact Fees and EDC contributions, Deputy Mayor Pro -Tem Miller moved to
approve Ordinance No. 11-50, authorizing the Town Manager to execute a Developer Participation
agreement with Forest City Prosper Limited Partnership and Prosper Partners, L.P., with the Town's
maximum financial contribution for water infrastructure not exceed $478,000.00 or 14.45% of
the costs authorized by the agreement and the Town's maximum financial contribution for sewer
Infrastructures not exceed $512,425.00 or 25.75% of the costs authorized by the agreement. Motion
seconded by Council Member Wilson. Motion approved by vote of 7-0.
10. Consider and act upon the Town of Prosper and PEDC Agreement for Economic Development's
contribution to costs. Town Manager Mike Land briefed Council regarding an infrastructure development
agreement between the Town of Prosper and the Prosper Economic Development Corporation for its
contribution for the construction of water and sewer improvements.
Council Member Wilson moved to approve authorizing the Mayor to enter into an infrastructure
development agreement between the Town of Prosper and the Prosper Economic Development Corporation
for a total contribution in the amount of $250,000.00. Motion seconded by Mayor Pro -Tem Dugger.
Motion approved by vote of 7-0.
11. Consider and act on Resolution No. 11-50 authorizing an agreement for the Town Manager to enter
into a Tower Site Lease Agreement with Dallas MTA, L.P., d/b/a Verizon Wireless. Town Manager Mike
Land briefed Council regarding a proposed five year contract with two (2) five (5) year renewal options. Mr.
Land noted that the lease payment proposed is $28,000 annually and with each renewal an increase will be
made at 15% and that once the lease is signed, Verizon will pay the Town $5,000 to cover the cost of
developing the agreement and legal fees.
Mayor Pro -Tem Dugger moved to approve Resolution No. 11-50 authorizing an agreement for the Town
Manager to enter into a Tower Site Lease Agreement with Dallas MTA, L.P., d/b/a Verizon Wireless, as
presented. Motion seconded by Deputy Mayor Pro -Tem Miller. Motion approved by vote of 7-0.
12. Discuss and act upon amendments to the Comprehensive Parks Ordinance. Senior Parks and
Recreation Planner Wade Harden briefed Council regarding the ordinance referencing the summary of the
Parks and Recreation Board revisions.
After discussion, Council Member Wilson made a motion to have staff prepare an ordinance as highlighted
and present to Council for final consideration. Motion seconded by Council Member Dixon. Motion
approved by vote of 7-0.
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13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Council asked that the Community Garden project be added to the agenda for discussion at a future meeting.
Mayor Pro -Tem Dugger moved to adjourn into Executive Session at 7:48 p.m. Motion seconded by Deput
Mayor Pro -Tem Miller. Motion approved by vote of 7-0.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas
conflicts with the Open Meetings Act regarding:
a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property totaling
18 acres and located south and east of the intersection of Cook Lane and Prosper Trail.
b. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Deputy Mayor Pro -Tem Miller moved to reconvene into regular session at 8:06 p.m. Motion seconded by
Council Member Wilson. Motion approved by vote of 7-0.
There was no action taken as a result of Closed Session.
14. Adjournment - Mayor Pro -Tem Dugger moved to adjourn the meeting. Motion seconded by Deputy
Mayor Pro -Tem Miller. Motion approved by vote of 7-0. The meeting adjourned at 8:07 p.m.
J
�,2i�t
Amy Piukav�
Town Secretary
1 w
Ray Sm�th, Mayor
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