01.22.2013 Town Council Minutesram'
TOWN OF
P, SPER
1. Call to Order / Roll Call.
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway
Prosper, TX 75078
Tuesday, January 22, 2013
Council Meeting
6:00 p.m.
Council Members present: Mayor Ray Smith, Mayor Pro Tern Meigs Miller, Deputy Mayor Pro Tern
Kenneth Dugger, Council Member Jason Dixon, Council Member Danny Wilson, Council Member
Mike Korbuly, and Council Member Curry Vogelsang.
Absent: None
Staff Members present: Harlan Jefferson, Town Manager; Amy Piukana, Town Secretary; Matthew
Garrett, Finance Director; Hulon Webb, Development Director; Wayne Snell, Building Official; and
Chris Copple, Planning Director.
2. Mayor Smith led the Invocation. The Pledge of Allegiance, and Pledge to the Texas Flag were given.
3. Announcements of upcoming events. Mayor Pro Tern Miller announced Friends of the Library is
hosting a Winter Constellation Program, January 22 at 6 p.m. at Prosper Library. Town Secretary
Amy Piukana announced Tiseo Paving is scheduled to pour concrete this Thursday and Friday on
First Street and Coit Road noting motorists should anticipate minor delays.
4. Mayor Smith presented a Certificate of Recognition to the recipient of the 461" Single Family Home
Building Permit issued in 2012, a new annual record for the Town of Prosper.
5. 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)
• Regular Meeting — January 8, 2013
5b. Consider and act upon Ordinance No. 13-02, rezoning 10.5f acres, located on the
north side of Prosper Trail, 2,500± feet west of Dallas Parkway, from Single
Family-15 to Planned Development -Single Family-10 (PD-SF-10). (Z12-0008) (CC)
5c. Consider and act upon Ordinance No. 13-03, rezoning 5.1± acres, located on the
southeast corner of Fishtrap Road and Good Hope Road, from Agricultural (A) to
Single Family-10 (SF-10). (Z12-0010) (CC)
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(iv) Case 4:12-cv-00789-RAS-DDB; David Lightfoot vs. Town of Prosper, Kirk
McFarlin, Gary McHone and Amy Bockes.
Deputy Mayor Pro Tern Dugger made a motion to reconvene into regular session at 8:18 p.m.
Motion seconded by Council Member Korbuly. Motion approved by vote of 7-0. No action was
taken as a result of Executive Session.
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 HEARING:
7. A public hearing to consider and act upon Ordinance 13-01 amending Chapter 2, Section 25
(Specific Use Permits); Chapter 3, Section 1 (Use of Land and Buildings)and Section 2
(Definitions); and Chapter 4, Section 4 (Parking Requirements), of the Town's Zoning Ordinance
relating to, among other things, certain definitions, uses and regulations pertaining to alcoholic
beverages. (Z12-0009). (CC) (Continued Public Hearing from the January 8, 2013 Council
Meeting.)
Deputy Mayor Pro Tern Dugger made a motion to continue the Public Hearing to the February 12,
2013 Council Meeting. Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 7-
0.
8. Conduct a public hearing for the designation of Tax Increment Financing Reinvestment Zone,
Number Two Town of Prosper. (LD) (Continued Public Hearing from the December 19, 2012 Joint
Council & Prosper Economic Development Corporation Meeting.)
Resident Jack Dixon spoke asked the following questions regarding the project:
1) Has the TIRZ already been approved at the December 31 st Meeting?
2) The TIRZ is for 157 acres and shows PD 41 and PD 47 having 202 acres and 113 acres, therefore;
what happens with the remaining acreage not covered in the TIRZ 157 acre plan? Are both PD's
null and void?
3) How does the TIRZ compliment the Resident's desire to "keep that small town country feel where
everyone matters"?
4) This plan calls for $916,000 in administration fees, what do these fees cover?
5) What are the 25 years tax revenues for the Town for this TIRZ?
6) Can the developer sell/transfer this TIRZ to another developer?
Resident Jack Dixon read out loud the following list of questions from Resident Cap Perry who was
not in attendance at the time of the meeting, but did fill out a speaker request card:
1) In the Exhibit B shown, will this be the only area to receive the tax incentive or is it just a
location map.
2) Where is the Town Center located?
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reimbursement through Collin County. If the cost of public infrastructure pursuant to the
Development Agreement exceeds 27.5 million, the Developer is required to pay the additional cost.
Mr. Smith explained that the ordinance designating the TIRZ appointing the Town Council elected to
serve as the Board of Directors for the TIRZ Board which in his opinion is typical in most cities. Mr.
Smith noted that none of the administrative expenses are costs that the Town incurs relating to the
TIRZ and does not include Developer cost, it goes back to the Developer; the administrative fees are
for legal and routine costs incurred for the TIRZ. The tax revenues contributed to the TIRZ for the
Town with the TIRZ would be 25% of the Town sales, 70 % of the Town real property gets taxes,
100% of the Town rollback Taxes, and 50% of the PEDC sales tax after the PEDC has completed a
prior project agreementand the PEDC Grants depend on the performance. Mr. Smith explained that if
the Developer may not assign or transfer the Development and Financing Agreement without Town
Council approval and that it was not possible for the Developer to transfers or sells this TIRZ to
another developer. Mr. Smith also explained the amount of sales tax and property tax revenue that the
Town would receive during the 25 year TIRZ.
Resident Ernie Sanders asked Council if the ramp expansion of US380 is funded by TXDOT?
Development Director Hulon Webb answered stating NTTA pays for ramps however; if two ramps
are necessary the Town must pay for the second ramp.
DEPARTMENT ITEMS:
9. Consider and take action to approve Ordinance No. 13-04 designating a Tax Increment Financing
Reinvestment Zone, Number Two Town of Prosper. (LD) Attorney Pete Smith was present to
answer any questions.
After discussion, Mayor Pro Tem Miller made a motion to approve Ordinance No. 13-04 designating
a Tax Increment Financing Reinvestment Zone, Number Two Town of Prosper, as presented. Motion
seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
Deputy Mayor Pro Tem Dugger made a motion to recess into executive session at 8:58 p.m. Motion
seconded by Council Member Korbuly. Motion approved by vote of 7-0.
10. EXECUTIVE SESSION:
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;
10a. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property
generally located on W. Broadway Street west of Coleman.
IOb. Section 551.071(2). Consultation with Town Attorney regarding Tax Increment Reinvestment
Zone Number Two, Town of Prosper.
1Oc. Section 551.071. Meeting with the Town Attorney regarding a matter in which the duty of
the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas conflicts with the Open Meetings Act regarding legal issues related to the:
(v) proposed ordinance relating to, among other things, certain definitions, uses
and regulations pertaining to alcoholic beverages;
(vi) Agreement for the Reduction of the ETJ of the Town of Prosper, by and
between the Town and Comanche Land Partners, Ltd., generally located west
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