03.13.2012 Town Council Minutesi
"1' O WN OF
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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, March 13, 2012
Meeting begins at 6:00 p.m.
1. Call to Order / Roll Call — Mayor Pro Tem Dugger called the meeting to order at 6 p.m.
Council present included:, Mayor Pro Tem Kenneth Dugger, Deputy Mayor Pro Tem Meigs
Miller, Danny Wilson, Curry Vogelsang Jr., Dave Benefield and Jason Dixon.
Council Member(s) absent: Mayor Ray Smith
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon
Webb, Director of Development Services; Chris Copple, Planning Director; Wade Harden,
Parks & Recreation Manager; Matthew Garrett, Finance Director.
2. Pastor John Fowler with First United Methodist Church 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 announced the Windmill Playground build begins May 14th and will continue through the
grand opening which is May 201h. Mr. Land announced the CPAC Meeting is set for Monday,
March 19, 2012 at 6:30 p.m. in the Municipal Chambers.
4. Mayor Pro Tem Dugger read a proclamation recognizing the week of March 18-24, 2012, as
Poison Prevention Week.
5. Mayor Pro Tem Dugger read a proclamation recognizing March 11-17, 2012, as Sunshine
Week.
6. 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.)
Council Member Dixon pulled Items 613 and 6C off the Consent Agenda.
MINUTES, RESOLUTIONS AND OTHER ITEMS
6a. Consider and act upon minutes from the following Council meeting(s) (AP)
February 28, 2012 — Regular Town Council Meeting
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6d. Consider and act upon Resolution No. 12-15, entering into a mutual release
agreement with Berkley Regional Insurance Company and the Town of Prosper.
(ML)
6e. 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(0)(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)
Deputy Mayor Pro Tem Miller made a motion to approve Consent Items 6a, 6d, 6e, as
presented. Motion seconded by Council Member Vogelsang. Motion approved by vote of 6-0.
6b. Consider and act upon Resolution No. 12-19, awarding the Prosper Parks &
Right -of -Way Maintenance bid.
Senior Parks Planner Wade Harden briefed Council regarding this item. Mr. Harden explained
that the Town advertised the Parks Right of Way Maintenance Bid to locate a company to
contract mowing services of all Park properties. He noted that three companies were compared
using the "Best Value" criteria as established by the Texas Local Government Code. Mr.
Harden explained that V&A Lawn Care scored the highest.
Deputy Mayor Pro Tem Dugger made a motion to approve Item 6b, as presented. Motion
seconded by Council Member Wilson. Motion approved by vote of 6-0.
6e. Consider and act upon a proposal from Toby Flanagan to operate a North Texas
Baseball tournament in Frontier Park. (WH)
Senior Parks Planner Wade Harden briefed Council regarding this item. Mr. Harden explained
that staff met with Toby Flanagan of the North Texas Baseball League to discuss a Memorial
Day weekend tournament at Frontier Park May 26th and May 27, 2012. Mr. Harden stated that
the tournament would not interfere with the Prosper Youth Sports Association Baseball League
and that NTXBB will provide insurance for the tournament.
Council discussed the contract agreement, non refundable fees, and makeup game options.
Council Member Dixon made a motion to approve the North Texas Baseball tournament
Memorial Day weekend at a fee of $1,000 a day for the use of Frontier Park baseball fields,
softball fields, and the use of the restroom and concession structure with the stipulation that
rainout options are added to the contract along with a non refundable deposit. Motion seconded
by Council Member Vogelsang. Motion approved by vote of 6-0.
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7. 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 was no one present that wished to speak.
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
8. Second Public Hearing to provide a forum for public testimony and evidence regarding the
proposed execution of three (3) separate strategic partnership agreements (the "Aueements")
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
43.0751, Texas Local Government Code, as amended. 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
second of two required public hearings, and three resolutions and three ordinances would be
brought forward at the next Council Meeting.
Deputy Mayor Pro Tem Miller 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 that wished to speak regarding this item.
Deputy Mayor Pro Tem Miller made a motion to close the Public Hearing. Motion seconded
by Council Member Benefield. Motion approved by vote of 6-0.
DEPARTMENT RELATED ITEMS
Council Member Dixon recused himself from Agenda Item No. 9 due to a conflict of interest.
9. Consider and act upon Resolution No. 12-12, awarding the benefit consulting services contract
to IPS Advisors, Inc. and authorizing the Town Manager to execute the same. Town Manager
Mike Land briefed Council regarding this item. Mr. Land explained that the Town published a
request for sealed competitive proposal for health benefit consulting services. He explained the
evaluation process which was based on cost, municipal experience, client base with smaller
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municipalities and level of service. Mr. Land noted that Gallagher and IPS were the two
companies being considered. He explained that staff recommends IPS based on the minimal
cost difference between Gallagher and IPS; our ongoing strategy implementation with IPS;
their experience working with smaller cities, excellent service over the past three years, and the
fact no additional administrative costs would be incurred for a vendor change.
After discussion, Council Member Deputy Mayor Pro Tem Miller made a motion to approve
Resolution No. 12-12, as presented. Motion seconded by Council Member Benefield. Motion
approved by vote of 5-0.
10. EXECUTIVE SESSION- Deputy Mayor Pro Tem Miller made a motion to adjourn into
Executive Session at 7:13 p.m. Motion seconded by Council Member Wilson. Motion
approved by vote of 6-0.
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government
Code, to wit;
10a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property
located south of Prosper Trail, east of the BNSF railroad, west of Custer, and north of
Highway 380.
10b. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Deputy Mayor Pro Tem Miller made a motion to reconvene into Regular Session at 7:57 p.m.
Motion seconded by Council Member Dixon. Motion approved by vote of 6-0. 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. Town
Manager Mike Land announced that staff will be providing an update regarding Hayes Road.
12. Adjourn — Deputy Mayor Pro Tem Miller made a motion to adjourn. Motion seconded by
Council Member Vogelsang. Motion approved by vote of 6-0.
@�jjVFyting adjourned at 7:59 p.m.
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Amy M. Piu na;,T(RMC
Town Secretary
APPROVED:
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Mayor
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