02.28.2012 Town Council MinutesPA
P11SPER
OWN OF
Prosper is a place where everyone matters.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 28, 2012
Work Session starts at 5:30 p.m.
Regular Meeting begins at 6:00 p.m.
1. Call to Order / Roll Call — Mayor Smith called the meeting to order at 6 p.m.
Council present included: Mayor Ray Smith, Mayor Pro Tem Kenneth Dugger, Danny Wilson,
Curry Vogelsang Jr., Dave Benefield and Jason Dixon.
Council Member(s) absent: Deputy Mayor Pro Tem Meigs Miller.
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon
Webb, Director of Development Services; Wade Harden, Parks & Recreation Manager;
Matthew Garrett, Finance Director.
2. Pastor John Fowler gave the Invocation. 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 everyone about the Windmill Playground build which begins May 14 and continues
until May 19`h
4. Mayor Smith presented Certificates of Appreciation to the following past Board & Commission
Members: Terri McCutcheon, Planning & Zoning; Kecia Bass, Board of Adjustment; Loren
Moulder, Parks & Recreation; Thomas Blaney, Parks & Recreation;
5. Mayor Smith presented a proclamation recognizing Alexis Bigham and Elizabeth Burkett for
their bravery and heroism in potentially saving lives by notifying a homeowner and 911
regarding a Fire at Gentle Creek.
6. Mayor Smith presented a proclamation recognizing March 2, 2012 as Texas Week and
celebrating Texas Independence.
7. Building Official Wayne Snell recognized Brian Boyd of Highland Homes as the recipient of
the Building Inspection's 2011 Builder of the Year Award, Mike Reynolds with Megatel
Homes as First Runner -Up and Christian Morris with Highland Homes as Second Runner -Up
of the Award.
8. A presentation was given by Misty Brown, Development Services Division Manager, regarding
the Collin County Animal Control Sheltering and Services.
9. 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
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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
9a. Consider and act upon minutes from the following Council meeting(s) (AP)
• February 14, 2012 — Regular Town Council Meeting
9b. Consider and act upon a Project Acceptance Agreement for the Prosper Creek
Subdivision, by and between Prosper Creek 77, LLC, and the Town of Prosper. (HW)
9c. Consider and act upon Ordinance No. 12-07 rezoning 2.3± acres, located on the
northwest corner of Preston Road and Broadway Street, from Agricultural (A) to Retail
(R). (Z12-0001). (CC)
9d. 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)
9e. Consider and act upon the purchase of an Emergency Response Vehicle using CoSery
Grant Funding. (RT)
9f. Consider and act upon reimbursement to the PISD for improvements to the future park
location west of Cockrell Elementary School. (WH)
9g. Consider and act upon Resolution No. 12-14 authorizing an agreement with the PISD to
share the costs for the development of a playground in the future park location west of
Cockrell Elementary School. (WH)
9h. Consider and act upon Resolution No. 12-10 authorizing the termination of the ILA
Agreement between Town of Prosper and Prosper Economic Development Corporation
concerning the construction of a sewer line with related improvements and roadway
improvements. (ML)
9i. Consider and act upon monthly financial statements for the period ending January 31,
2012. (MG)
9j. Consider and act upon the Quarterly Investment Portfolio for the quarter ending
December 31, 2011. (MG)
Mayor Pro Tem Dugger made a motion to approve Consent Items 9a. -9j., as presented.
Motion seconded by Council Member Benefield. Motion approved by vote of 6-0.
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10. 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.
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.)
PUBLIC HEARINGS
11. First Public Hearing to provide a forum for public testimony and evidence regarding the
proposed execution of three (3) separate strategic partnership agreements (the "ARreements")
between the Town of Prosper and Denton County Freshwater Supply District #10, to authorize,
among other things, the limited purpose annexation of certain property within Denton County
Freshwater Supply District # 10 by the Town of Prosper pursuant to the provisions of Section
43.075 1, Texas Local Government Code, as amended. (ML) Town Manager Mike Land
briefed Council regarding the agreements noting that Town of Prosper entered into agreement
with 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction. In this
agreement the Town enters into Strategic Partnership Agreements with Denton County Fresh
Water District No. 10. These SPA agreements address the collection of sales tax and its
distribution in commercial areas located within the District. Mr. Land noted that this is the first
of two required public hearings.
Council Member Wilson made a motion to open the Public Hearing. Motion seconded by
Council Member Dixon. Motion approved by vote of 6-0.
There were no citizens present to speak on this item.
Council Member Benefield made a motion to close the Public Hearing. Motion seconded by
Council Member Vogelsang. Motion approved by vote of 6-0.
The Mayor skipped to Agenda Item 16.
16. Consider and act upon improvements to Preston Lakes Park. Senior Parks and Recreation
Planner Wade Harden briefed Council regarding the item. Mr. Harden noted that the proposed
improvements include a playground and a loop trail with connections to Prosper Trail hike and
bike trail. Mr. Harden also noted that soil remediation is also proposed as part of the project.
This includes the removal of the top three feet of debris from the site, compacting disturbed
soil, and grading. Mr. Harden recommended that if Council agrees to move forward, that an
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agreement be brought to Council in the future clearly listing all maintenance responsibilities of
the Homeowner's Association and the Town.
The following citizens wished to speak in support and/or opposition to the proposed case:
Paula Correll, 841 Clear Lake Drive, spoke in favor of the playground.
Londyn Oglestree, 861 Robison Creek Drive, spoke in favor requesting the larger playground
of the proposed drawings be chosen for her and her neighborhood friends to play in.
Hotch and Shelly VanBlarcum, 820 Bridgeport, spoke in favor of the proposed larger
playground and noted that the neighborhood would benefit from these amenities.
Bruce Carlin, 921 Grapevine, spoke in favor of Option 1, explaining that the property has lots
of rock and debris and will require more funds to clean up the site for this type of use. He
asked that Council consider reducing funds on this park by downsizing the playground and
adding a rock play feature and a small pavilion.
Dave Turley, 660 Toledo Bend, spoke in favor of Option 1. Mr. Turley explained that a water
fountain was not necessary and that he preferred to see a smaller park with a rock play feature
and a pavilion instead of the larger playground. He noted that the site has lots of debris and
that an environmental cleanup would be necessary for this type of use.
After discussion, Mayor Pro Tem Dugger made a motion to approve Option #3 expenditure of
park improvement funds in an amount not to exceed $114,000 for improvements to Preston
Lakes Park that include the soil remediation, irrigation, and loop trail. Motion seconded by
Council Member Wilson. Mayor Pro Tem Dugger made a motion to withdraw his original
motion. Council Member Wilson made a motion to withdraw his second. Deputy Mayor Pro
Tem Dugger then made a motion to approve Option #1, expenditure of park improvement
funds in the amount of $129,868 requesting staff to prepare a budget amendment in an amount
not to exceed $71,542 for improvements to Preston Lakes Park that include the soil
remediation, irrigation, playground and associated improvements, three park benches, two trash
receptacles, and loop trail. Motion seconded by Council Member Benefield. Motion approved
by vote of 6-0.
Skipped to Agenda item Number 12.
DEPARTMENT RELATED ITEMS
12. Consider and act upon Resolution No. 12-12 authorizing the renewal of a three (3) year Benefit
Consultant contract between the Town of Prosper and IPS Advisors, Inc. and authorizing the
Town Manager to execute the same. Mayor Pro Tem bugger made a motion to table this item
to the March 13, 2012 Town Council Meeting. Motion seconded by Council Member
Benefield. Motion approved by 5-1, Council Member Dixon abstained.
13. Capital Improvement Projects Update. Project Manager Michael Bulla briefed Council
regarding the Capital Improvement Projects.
. 14. Discussion regarding a site plan for Windmill Playground and associated improvements.
Development Director Hulon Webb briefed Council regarding the professional services
agreement approved with Jacobs Engineering. Mr. Webb explained that the agreement
included a pavilion structure, amphitheater area, Windmill Playground, and a splashground. He
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noted during the design staff and Parks Board has agreed that by raising the pavilion structure
above the existing grade, it would create a hill for children to play on. He noted that restroom
location options need to be discussed.
Council asked staff to move forward with the site plan for Windmill Playground and associated
improvements as depicted in design Option B.
15. Consider and act upon the expenditure of Park Improvement Funds for the purchase and
installation of a splash ground at Frontier Park. Senior Parks and Recreation Planner Wade
Harden briefed Council regarding the playground design explaining that the Parks &
Recreation Board discussed the options of adding a splash ground. He noted the Open Space
Master Plan targets a splash ground. He also noted that the Parks and Recreation Board
approved at the October 13, 2011 Meeting, expenditure funds to be used for the construction of
a splash ground.
Council Member Benefield made a motion to approve the expenditure of the 2008 CO Bond
Funds not to exceed $96,000 for the purchase and installation of a splash ground at Frontier
Park. Motion seconded by Council Member Wilson. Motion approved by vote of 6-0.
17. Consider and act upon an agreement with the North Central Texas Council of Governments for
the external water and sewer line protection program. Finance Director Matthew Garrett
briefed Council regarding the agreement. Mr. Garrett explained the program provides
assistance to residents who have not set aside funds to pay for an unexpected utility line repair
and provides a warranty to repair these lines if enrolled in the program. He noted that the
warranty includes a low monthly fee, with no deductibles, or service fees. The work is
performed by licensed, local plumbers who will call the customer within one hour of filing a
claim. The agreement is with USP which has been endorsed by the NLC Enterprise Program
Partner.
Council Member Vogelsang made a motion to approve an agreement with North Central Texas
Council of Governments for the external water and sewer line protection program. Motion
seconded by Council Member Benefield. Motion approved by vote of 6-0.
18. Consider and act upon Ordinance No. 12-04 increasing solid waste and recycling rates effective
March 15, 2012. Finance Director Matthew Garrett briefed Council regarding this item. Mr.
Garrett explained that the Town has approved a franchise agreement with IESI which included
a 5% increase to rates charged to the Town. Mr. Garrett noted that solid waste rates have not
been changed for Prosper residents since February 2009 and the rates will not increase to solid
waste services until 2015, except occasional fuel surcharge adjustments.
After discussion, Council Member Wilson made a motion to approve Ordinance No. 12-04
increasing solid waste and recycling rates effective March 15, 2012. Motion seconded by
Council Member Benefield. Motion approved by vote 6-0.
19. Consider and act upon Resolution No. 12-13, expressing official intent to reimburse costs that
may be incurred for Town capital expenditure projects from proceeds of bonds issued
subsequent to paying such costs. Town Manager Mike Land explained the resolution allows
the Town to consider expending funds from available resources to pay for the cost of projects
deemed necessary such as Roads, Parks, Storm Drainage, Water and Wastewater. Mr. Land
explained that the Town must adopt a Resolution within 60 days of making expenditures.
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Mayor Pro Tem Dugger made a motion to approve Resolution 12-13, expressing official intent
to reimburse costs that may be incurred for Town Capital Expenditure Projects from proceeds
of bonds issued subsequent to paying such costs. Motion seconded by Council Member
Benefield. Motion approved by vote of 6-0.
20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Town
Council asked staff to prepare an update on Hayes Road, downtown lighting improvements,
and the Town's recycling program.
21. Adjourn - The meeting adjourned at 8:22 p.m.
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ATTEST �s�/,, ;EXA
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Amy M. P uk a, TRMC
Town Secretary
APPR VED:
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R. Mayor PR rn
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