11.27.2012 Town Council MinutesISPER
Minutes
Regular Meeting of the Prosper Town Council
OF Prosper Municipal Chambers
108 W. Broadway
Prosper, TX 75078
Tuesday, November 27, 2012
Council Meeting
6:00 p.m.
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 Mike Korbuly.
Absent: Council Member Curry Vogelsang
Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary;
Ronnie Tucker, Fire Chief; 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. Announcements of upcoming events —
Prosper Christmas Festival & Parade is scheduled for December 9, 2012 at 2 p.m.
Council Member Dixon announced the Prosper Eagles football team playoff game is
set for Saturday, at 3 p.m. in Garland.
PYSA will hold six recreation tournaments this Saturday and Sunday.
4. Collin County Commissioner Matt Shaheen presented the Town a $400,000 grant ceremonial check
from Collin County for Creek Crossing Community Park and a $35,000 grant for Pecan Grove Park
Trail Connection.
5. CONSENT AGENDA
Town Council Member Dixon pulled item 5c off the Consent Agenda. Deputy Mayor Pro Tem
Dugger pulled items 5d, 5e, and 5f off the 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
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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)
5g. Consider and act upon Resolution No. 12-81, accepting and approving the 2012 Tax Roll.
(MG)
Council Member Dixon made a motion to approve Consent Items 5a, 5b, and 5g, as presented.
Motion seconded by Council Member Dixon. Motion approved by vote of 6-0.
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. Development
Director Hulon Webb briefed Council regarding this item.
After discussion, Mayor Pro Tem Miller made a motion to approve Consent Item 5c, as
presented. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of
6-0.
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) Collin
County Animal Services Division Manager Misty Brown was present to answer any
questions.
Deputy Mayor Pro Tem Dugger asked if the county has seen an increase in calls for
service. Ms. Brown stated that calls have increased. Mayor Pro Tem Miller noted that
the proposed fees have increased by 12%. Ms. Brown noted the increase in fees was due to a
newly added animal control officer position, a new veterinary technician position and
employee salary increases.
After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve 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 adopting Resolution No. 12-79 authorizing the
Town Manager to execute the same. Motion seconded Mayor Pro Tem Miller. Motion
approved by vote of 6-0.
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. Collin
County Animal Services Division Manager Misty Brown was present to answer any
questions. Ms. Brown noted Collin County Animal Services Board meets December 3rd to
discuss future plans for the Animal Shelter.
After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve 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 Resolution No. 12-80 authorizing the Town
Manager to execute the same.
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5f. Consider and act upon Resolution No. 12-71, establishing energy conservation goals as
required by Texas Health and Safety Code §388.005. Finance Director Matthew Garrett
briefed Council regarding this item. Mr. Garrett explained that 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.
Council asked staff if a step plan to reduce electricity cost has been done to help execute a
plan. Mr. Garrett explained that by consolidating staff to one building, electricity costs would
decrease. Mr. Garrett noted the Town is growing and expanding which would require
justification that all available cost effective measures would be considered with expansion.
The following citizens were present to speak on this item:
Resident Ann Lieber spoke in opposition of the proposed resolution asking the name of the
entity that would receive the energy reports and asked who Texas Health and Safety
Code is and stated Code does not mean it is a Law. Ms. Lieber stated this resolution would
increase staff labor by requiring research and reports not to mention cost of updating existing
facilities to be energy efficient. Ms. Lieber asked that more information be provided on
Senate Bill 898.
Resident Kelly Cooper spoke against the proposed resolution and had concerns about the cost
of implementing such a program. Ms. Cooper reminded Council that government regulations
are always changing. Ms. Cooper asked who the energy justification reports would be sent to
and requested an explanation of "nonattainment" which is stated in the resolution.
Finance Director Matthew Garrett explained that the company receiving the reports is SECO
which stands for State Energy Conservation Office.
Deputy Mayor Pro Tem read information from a website explaining the reduction is in place
to lower energy use and reduce air pollution.
Resident Ann Lieber spoke again noting the website Deputy Mayor Pro Tem is reading from
is a phony site and not a government webpage.
Council discussed the need for more information and an action plan to comply. Mayor Pro
Tem Miller stated a resolution is not necessary to show compliance.
After discussion, Deputy Mayor Pro Tem Dugger made a motion to table the item. Motion
seconded by Council Member Dixon. Motion approved by vote of 4-2, Mayor Pro Tem
Miller and Council Member Korbuly voting against.
6. CITIZEN'S COMMENT
(The public is invited to address the Council on any topic. However, the Council is unable to discuss
or take action on any topic not listed on this agenda. Please complete a "Public Comments Form" and
present it to the Town Secretary prior to the meeting.)
Other Comments by the Public —
Resident Robert Wierschem who resides at 1690 Cedar Bend Court, Prosper, Texas; thanked Council
for assisting and ultimately resolving drainage issues in his subdivision.
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Resident Kelly Cooper spoke again regarding the Energy Conservation Resolution asking
Council to not fall under the rule of Government and urged Council to not accept
programs we do not need. Ms. Cooper thanked Council for tabling the item but wished they
would have denied it. Ms. Cooper urged Council to not ask for permission, make a decision to turn
away and begin focusing on the sovereignty of the Town.
Resident Ann Lieber spoke regarding Agenda 21, stating these mandates come from the Federal
Government. Ms. Lieber urged Council to not reply stating it is manipulation and explained if you
respond you are consenting with their game.
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. Development Director Hulon Webb briefed Council on this item. Mr.
Webb explained 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 w/ Field #2 w/
Field #1 Lights Field #2 Lights
Thursday 21" � 3 3 3 3
Friday 22nd 7 3 1 3
Saturday 23rd 6 0 6 0
Thursday 28th 3 3 0 0
19hrs 9hrs 10hrs 6hrs
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.
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Tournament 1: 3 days, 2 fields, 38 hours, 13 teams, 12 hours light usage, $500 deposit = $2,045
Tournament 2: 1 day, I 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
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.
Mr. Webb explained that 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
After discussion, Mayor Pro Tem Miller made a motion to approve setting a fee of $800 to PISD for
use of the Frontier Park to conduct two (2) softball tournaments. Motion seconded by Council
Member Korbuly. Motion approved by vote of 6-0.
8. Appointment of a Board Member to the Library Board to fill a vacant unexpired term. Mayor Pro
Tem Miller made a motion to appoint Lucy Towle to the Library Board to fill an unexpired term.
Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
9. EXECUTIVE SESSION
Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session at 7:10 p.m. Motion
seconded by Mayor Pro Tem Miller. Motion approved by vote of 6-0.
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;
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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.
Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session at 8:49 p.m.
Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 6-0.
10. 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.
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No action was
taken on this item.
12. Adjourn. Deputy Mayor Pro Tem Dugger made a motion to adjourn the meeting at 8:50 p.m. Motion
seconded by Council Member Wilson. Motion approved by vote of 6-0.
The meeting adjourned at 8:51 p.m.
APPROVED:
aE
u
o Ray Smith, ayor
ATTY 'T:---"
Amy M. Piukan RMC
Town Secretar
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