12.13.2011 Town Council Minutes1
1
1
I'SPER
OWN OF
P
Prosper is a place where evej_rmne ostlers.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, December 13, 2011 at 6:00 p.m.
Call to Order and Roll Call was given by Mayor Smith at 6:02 p.m.
Council 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; Frank
Jaromin, Public Works Director; Hulon Webb, Director of Development Services; Wade
Harden, Parks & Recreation Manager; Matthew Garrett, Finance Director and Michael Bulla
Project Manager,
2. Pastor Chris Schoolcraft gave the Invocation. The Pledge of allegiance and the pledge to the
Texas Flag were given.
3. Announcements of dates and times of upcoming community events — There were no
announcements.
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.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
4a. Consider and act upon minutes from the following Council meeting(s) (AP)
• November 8, 2011 — Regular Town Council Meeting
• November 16, 2011 — Special Called Town Council Meeting
4b. Consider and act upon the October 2011 monthly financial statements. (MG)
4c. Consider and act upon the Quarterly Investment Portfolio for the period ending
September 30, 2011. (MG)
4d. Consider and act upon Resolution No. 11-66 approving an Interlocal Agreement with
Region 8 Education Service Center, which sponsors the Interlocal Purchasing System
(TIPS/TAPS), providing a purchasing program for goods and services. (MG)
Page I of 5
4e. Consider and act upon Ordinance No. 11-73 granting a Specific Use Permit (SUP) for a
concrete batch plant, on 5.0± acres, located on the west side of Dallas Parkway, 900±
feet south of First Street. The property is zoned Planned Development -l9 -Commercial
Corridor. (PD -19 -CC). (S 11-0001). (CC)
4f. Consider and act upon Ordinance No. 11-74 amending Chapter 4, Section 6.2(A)(8)
(Outdoor Lighting) of the Town's Zoning Ordinance. (Z 11-0010). (CC)
4g. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and
Prosper Independent School District related to the future construction of improvements
on Coleman Street, Frontier Parkway and the future North-South Collector adjacent to
the High School Property and 2) Resolution No. 11-67 authorizing the Town Manager
to execute the same. (HW)
4h. Consider and act upon Ordinance No. 11-57 adopting the Drought Contingency Plan.
(FJ)
4i. Consider and act upon 1) a professional services agreement between the Town of
Prosper and Jacobs Engineering for the layout and grading plan for the Frontier Park
Improvements and 2) Resolution No. 11-72 authorizing the Town Manager to execute
the same. (WH)
Council Member Wilson moved to approve Consent Items 5a through 5i, as presented. Motion
seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0.
5. CITIZEN'S COMMENTS
(The public is invited to address the Council on any topic. However, the Council is unable to
discuss or take action on any topic not listed on this agenda. Please complete a "Public
Comments Form" and present it to the Town Secretary prior to the meeting.)
Other Comments by the Public — There were no citizen comments.
14. Council skipped to Agenda Item 14. Deputy Mayor Pro Tem Miller made a motion to
recess into Closed Session at 6:07 p.m. Motion seconded by Council Member Benefield.
Motion approved by vote of 7-0.
Recess in 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:
14a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvement projects.
14b. Section 551.071. Consultation with Town Attorney regarding agreement between the Town
of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial
Jurisdiction of the Town of Prosper including a Strategic Partnership Agreement between the
Town of Prosper and Denton County Fresh Water District No. 10.
Page 2 of 5
14c. Section 551.087. To deliberate regarding Economic Development Incentive for properties
located south of Fishtrap/First St., west of Coit Rd., east of FM 1385 and north of Highway 380.
14d. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Council Member Wilson made a motion to reconvene into Regular Session at 6:36 p.m.
Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0.
Deputy Mayor Pro Tem Miller made a motion to approve the execution of an agreement for the
reduction of the Extraterritorial Jurisdiction and take any and all steps for the reduction of the
three tracts through the Strategic Partnership Agreement between the Town of Prosper and
Denton County Fresh Water District No. 10. Motion seconded by Mayor Pro Tem Dugger.
Motion approved by vote of 7-0.
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 RELATED ITEMS
6. Discuss and provide direction concerning park land dedication and park improvement fee
requirements for a portion of the Brookhollow development. (HW) Development Director
Hulon Webb presented a power point presentation regarding the Parks Master Plan. Mr. Webb
introduced Jim Williams with Land Plan who gave a presentation regarding developments his
company has done in similar cities. Mr. Williams asked that Council provide direction
regarding Land Plans proposal to dedicate approximately 13 acres of park land around Town
Lake which would include a lake and to allow credits for the dedication. Mr. Williams noted
that in addition, Land Plan is dedicating 29.9 acres of private open space, which includes
overhead electric easement and floodplain.
After discussion, Council asked the Developer to move forward and bring back more details
including a breakdown of the development and exact credits that are being sought.
Mayor Smith left the meeting.
7. Consider and act upon Ordinance No. 11-75 adopting the Public Works Fee Schedule. (FJ)
Public Works Director Frank Jaromin briefed Council regarding the new fee schedule
proposals and noted that the only fee increases are the after hour reconnection fee and the
business hour connection fees. Mr. Jaromin explained that the new fees are to recover the
direct cost associated with new home construction in order to capture current short falls in
service provided and to eliminate multiple re -inspections. Mr. Jaromin also noted that staff
had met with Prosper Developers Council and Prosper Home Builders regarding the new fees.
Council Member Dixon and Deputy Mayor Pro Tem left the meeting.
Page 3 of 5
After discussion, Council Member Vogelsang made a motion to approve Ordinance No. 11-75
adopting the Public Works Fee Schedule. Motion seconded by Council Member Wilson.
Motion approved by vote of 4-0.
8. Consider and act upon 1) an award of bid to W. Brown Enterprises, Inc., 2) enter into a contract
agreement with W. Brown Enterprises, Inc., regarding the construction services for the Wilson
Creek Sewer Interceptor Project and 3) adopt Resolution No. 11-68 authorizing the Town
Manager to execute the same. (MB) Project Manager Michael Bulla briefed Council
regarding the proposed contract.
Council Member Dixon returned to the meeting.
Council Member Wilson made a motion to approve award of bid to W. Brown Enterprises,
Inc., enter into a contract agreement with W. Brown Enterprises, Inc., regarding the
construction services for the Wilson Creek Sewer Interceptor Project and adopt Resolution
No. 11-68 authorizing the Town Manager to execute the same. Motion seconded by Council
Member Benefield. Motion approved by vote of 5-0.
9. Consider and act upon Change Order #3 to RLK Engineering, Inc, for the First Street
Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US
380). (MB) Project Manager Michael Bulla briefed Council regarding the RLK Engineering,
Inc. Change Order #3.
Council Member Benefield made a motion to approve Change Order #3 to RLK Engineering,
Inc, for the First Street Improvements and Coit Road Improvements. Motion seconded by
Council Member Dixon. Motion approved by vote of 5-0.
10. Consider and act upon 1) an Engineering Design Services Agreement between the Town of
Prosper and Freese and Nichols, Inc., for the Custer Road Pump Station Improvements Project
and 2) Resolution No. 11-69 authorizing the Town Manager to execute the same. (HW)
Development Director Hulon Webb briefed Council regarding this item. Mr. Webb
explained that as part of the capital improvements plan, the Town's ground storage
capacity was evaluated and requires an additional 5MG ground storage tank at Custer Road
Pump Station site and increasing the pumping capacity at the site from 7.35 MGD to 20
MGD. He noted that in order to meet the projected demands, the improvements need to be
complete and in service by the summer of 2013.
Council Member Wilson moved to approve an Engineering Design Services Agreement
between the Town of Prosper and Freese and Nichols, Inc., for the Custer Road Pump Station
Improvements Project and Resolution No. l 1-69 authorizing the Town Manager to execute
the same. Motion seconded by Council Member Benefield. Motion approved by vote of 5-0.
11. Consider and act upon 1) an Engineering Design Services Agreement between the Town of
Prosper and Freese and Nichols, Inc., for the 2nd Upper Plane 30/24 -Inch Treated Waterline
Pipeline Project and 2) Resolution No. 11-70 authorizing the Town Manager to execute the
same. (HW) Development Director Hulon Webb briefed Council regarding this item. Mr.
Webb explained that the Town recently updated the Town's land use assumptions and
capital improvements plan. He noted that this project is listed in the capital improvements plan
and is needed in order to provide capacity improvements to the existing system in conjunction
with the Custer Road Pump Station Improvements Project.
Page 4 of 5
Council Member Vogelsang made a motion to approve an Engineering Design Services
Agreement between the Town of Prosper and Freese and Nichols, Inc., for the 2nd Upper Plane
30/24 -Inch Treated Waterline Pipeline Project and Resolution No. 11-70 authorizing the Town
Manager to execute the same. Motion seconded by Council Member Benefield. Motion
approved by vote of 5-0.
12. Consider and act upon 1) a professional services agreement between the Town of Prosper and
Brown Reynolds Watford Inc., for the design of the parks maintenance building and 2)
Resolution No. 11-71 authorizing the Town Manager to execute the same. (HW) Development
Director Hulon Webb gave a brief Power Point presentation. Mr. Webb explained that the
2008 Bond Funds would be utilized for the professional design services.
Council Member Wilson made a motion to approve a professional services agreement
between the Town of Prosper and Brown Reynolds Watford Inc., for the design of the parks
maintenance building and Resolution No. 11-71 authorizing the Town Manager to execute
the same. Motion seconded by Council Member Dixon. Motion approved by vote of 5-0.
13. Consider and act upon the construction of exercise stations in Frontier Park. (WH) Parks and
Recreation Manager Wade Harden gave a brief power point presentation. Mr. Harden
explained that the construction of six exercise stations is proposed to benefit active older adults
in the community. He introduced resident Twila Weber who spoke in support of the exercise
equipment for seniors.
Council Member Dixon made a motion to approve the purchase and installation of older active
adult exercise equipment at Frontier Park not to exceed the amount of 534,000. Motion
seconded by Council Member Benefield. Motion approved by vote of 5-0.
15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
16. Adjourn -Council Member Vogelsang made a motion to adjourn. Motion seconded by
Council Member Benefield. Motion approved by vote of 5-0.
The meeting adjourned at 8:50 p.m.
APPROVED;
R4 Smidh, Mayor
ATTES
a���1411 1
� t
"Town Secrbi t.
w • I
r • *
i
°•i, '*.moo .• �� Page 5 of 5
TEX N5 ��``'%
y�It0i saI%%