06.14.2011 Town Council MinutesOWN OF
P11SPER
Prosper is a place where 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, June 14, 2011 at 6:00 p.m.
Council Members present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Danny Wilson, Curry
Vogelsang Jr. and Jason Dixon.
Council Member(s) absent: Deputy Mayor Pro -Tem Meigs Miller, Dave Benefield
Staff present included: Mike Land, Town Manager, Amy Piukana, Town Secretary; Hulon Webb, Director of
Development Services; Chris Copple, Planning & Zoning Manager; Trish Eller, Code Compliance Officer; Matthew
Garrett, Finance Director; and Karen Gill Assistant to Town Manager.
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
The invocation was given by Samantha Parsons representing Chambersville and Cottage Hili United Methodist
Church. The pledge of allegiance and pledge to the Texas Flag was given.
3. The Mayor presented a Certificate of Election to Danny Wilson. Town Secretary Amy Piukana gave Danny
Wilson his oath of office.
4. Mayor Smith announced the Prosper Community Board selected three winners design ideas for the
Community Build Playground at Frontier Park. The winners Hanna E. Smith and Carlie Massingale were recognized
at the Frontier Park Grand Opening celebration. Mayor Smith presented Olivia Mitchell with a framed art of her
winning design. Mayor Smith also presented the winner of the "Name the Playground" contest with a certificate of
recognition for naming the playground: Windmill Playground. Mayor Smith and Council thanked staff for their
superior work with the Grand Opening of the Frontier Park Celebration.
Town Manager Mike Land announced that Oncor Electric Delivery plans to shut off electricity on June 16, 2011 to the
Willow Ridge neighborhood properties located south of Kiowa through north First Street in order to allow TXDOT to
relocate utility lines along Preston Road. Oncor Area Manager Gerald Perrin stated the electricity would be shut off
from approximately 9a.m. to 3p.m. He stated residents affected would be notified through the Town's Connect CTY
notification system and flyers left on resident doorsteps.
EXECUTIVE SESSION- Developer Joseph Drysdale and Mike Loner gave Council a brief summary of a proposed
development of Prosper West and history of the Development Team noting some current projects and
accomplishments the Development Team has completed.
Mayor Pro -Tem Dugger made a motion to adjourn into executive session. Motion seconded by Council Member
Dixon at 6:23 p.m.
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Recessed 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 551.071. To consult with the Town Attorney regarding amending Article 4.04 (Sexually Oriented
Businesses) of the Prosper Code of Ordinances, repealing Ordinance No. 89-2, and generally discussing legal
issues surrounding the regulation of sexually oriented businesses within the Town of Prosper.
b. Section 551.087. Deliberation Regarding Economic Development Negotiations. Discuss and deliberate
regarding commercial or financial information that the Town Council has received from a business prospect
that the governmental body seeks to have locate, stay or expand in or near the Town of Prosper and with which
the Town Council is conducting economic development negotiations and/or to deliberate the offer of a
financial or other incentive to a business prospect described herein.
c. To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
Council Member Wilson moved to reconvene into Regular Session at 7: 26 p.m. Motion seconded by Mayor
Pro -Tem Dugger. Motion approved by vote 5-0. No action was taken regarding Executive Session.
5. CONSENT AGENDA
MINUTES
a. Considered and acted upon minutes from the following Council meeting(s).
May 24, 2011 — Regular Town Council Meeting
ORDINANCES. RESOLUTIONS. AND AGREEMENTS
b. Considered and acted upon Ordinance No. 11-46, adoption of amendments to the Town of Prosper, Texas,
Town Charter in accordance with the adoption of Propositions No. 1 through 22 at the Special Election Held on May
14, 2011.
Mayor Pro -Tem Dugger moved to approve Consent Items 5a -5b, as presented. Motion seconded by Council Member
Vogelsang. Motion approved by vote 5-0.
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.)
6. Other Comments by the Public — Sergeant Donald Rutledge founder and Director of Oath Keepers passed out
a brochure and spoke to Council regarding his non partisan association called Oath Keepers.
.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.)
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PUBLIC HEARING
7. A Public Hearing to consider and act upon Ordinance No. 11-47 approving a negotiated resolution between the
Steering Committee of Cities served by Oncor and Oncor Electric Delivery Company, LLC regarding a requested rate
increase to electric base rates. Finance Director Matthew Garrett and Oncor Area Manager Gerald Perrin briefed
Council Members regarding the Ordinance showing the rate negotiations between the Steering Committee and Oncor.
Mayor Pro -Tem Dugger made a motion to open the Public Hearing. Motion seconded by Council Member Wilson.
Motion approved by vote of 5-0.
There were no citizens present in support and/or opposition to the Public Hearing, Council Member Wilson made a
motion to close the public hearing. Motion seconded by Council Member Vogelsang.
Motion approved by vote of 5-0.
After discussion, Mayor Pro -Tem Dugger moved to approve Ordinance No. 11-47 approving a negotiated resolution
between the Steering Committee of Cities served by Oncor and Oncor Electric Delivery Company, LLC concerning a
requested rate increase to electric base rates. Motion seconded by Council Member Wilson. Motion approved by vote
of 5-0.
DEPARTMENT ITEMS
8. Considered and acted upon Change Order #1 to Superscapes Landscaping, Inc., for the Prosper Trail
Landscaping Project. Director of Development Hulon Webb briefed Council Members regarding the change order
concerning funding for replacing a portion of the landscaping that was damaged by the recent hail storm.
Mayor Pro -Tem Dugger moved to approve Change Order 41 to Superscapes Landscaping, Inc., in the amount of
$9,045.00 for the Prosper Trail Landscaping Project. Motion seconded by Council Member Dixon. Motion prevailed
by vote of 5-0.
9. Considered and acted upon Resolution No. 11-48, for the 2011-2012 Renewal Proposal Analysis for the
selection of group Medical, Dental, and Vision, Disability, Life/AD&D, STD/LTD, EAP, MERP and FSA insurance
and claims administration. Benefits Consultant Brent Weegar gave a brief Power Point presentation regarding the
2011-2012 MERP (Medical Expense Reimbursement Plan), MERP Financial Performance and MERP Plan design
options, health plan option financials, employee contribution options with core buy up plans, and ancillary RFP results.
After discussion, Council Member Dixon moved to approve Option 3 Core Buy Up Plan with the following changes to
Ancillary RFP results: Medical Insurance will be changed to United Health Care, employees will be offered the choice
of electing either a "Core" or a "Buy Up" MERP, Dental Insurance will change to Ameritas, and the Life, AD&D,
Short Term and Long Term Disability insurance plans will change to SunLife. Motion seconded by Mayor Pro Tem
Dugger. Motion approved by 5-0.
10. Considered and acted upon Ordinance No. 11-48 amending Article 4.04 (Sexually Oriented Businesses) of the
Prosper Code of Ordinances and Repealing Ordinance No. 89-2. Development Director Hulon Webb was present to
answer any questions.
Mayor Pro -Tem Dugger moved to approve Ordinance No. 11-48 amending Article 4.04 (Sexually Oriented
Businesses) of the Prosper Code of Ordinances and Repealing Ordinance No. 89-2. Motion seconded by Council
Member Wilson. Motion approved by vote of 5-0.
11. Discuss and provide direction on Code Compliance in the downtown area. Code Compliance Officer Trish
Eller presented a brief Power Point presentation showing code violations in the downtown areas. She explained her
strategy is to work with property owners and help them comply with Code requirements. Her main focuses are on the
automobile repair uses along Broadway Street and substandard buildings and structures located in the downtown areas.
She is working with property owners to revitalize the area and minimize the current issues of needed repair to
windows, fences, clean up of trash/debris from yards, and to remove junk motor vehicles.
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Council Member Vogelsang asked staff to prioritize the code violations to create an improved strategy of revitalization
efforts. Council advised staff to maintain good communication efforts with property owners and move forward with
implementing the Code Compliance Strategy to the downtown area and to provide Council with updates on any major
issues.
12. Update on the Comprehensive Plan Advisory Committee. Planning and Zoning Manager Chris Copple gave
Council a brief update regarding past meetings. Council Member Dixon who also serves as Chair of the Committee
explained that surveys will be prepared along with future breakout sessions noting the next Comprehensive Plan
roundtable discussion is scheduled for June 27, 2011, at 7 p.m. at Prosper High School Cafeteria.
13. Possibly direct Town Staff to schedule topic(s) for discussion at future meeting.
14. Adjournment- Mayor Pro -Tem Dugger moved to adjourn the meeting. Motion seconded by Council Member
Wilson. Motion approved by vote of 5-0. The meeting adjourned at 8:53p.m.
Amy Piukari,�' Ray Smith, Mayor
Town Secretary
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