10.09.2018 Town Council MinutesJ
MINUTES
Meeting of the Prosper Town Council
TOWN OF Prosper Town Hall
Council Chambers
SPER 200 S. Main Street
Prosper, TX 75078
Prosper is a place where everyone matters. Tuesday, October 9, 2018
Call to Order/Roll Call.
The meeting was called to order at 6:02 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tern Curry Vogelsang, Jr.
Councilmember Mike Korbuly
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Council Members Absent:
Deputy Mayor Pro-Tem Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Terrence Welch, Town Attorney
Robyn Battle, Town Secretary/P10
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Planning Manager
Pete Anaya, Deputy Director of Engineering Services
Dudley Raymond, Parks and Recreation Director
Kelly Neal, Finance Director
January Cook, Purchasing Agent
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Ben Lacey with Prestonwood Baptist Church led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of recent and upcoming events.
Councilmember Andres read the following announcements:
The Prosper Community Emergency Response Team (CERT) will offer classes on
disaster preparedness and emergency response beginning on October 16. Contact the
Prosper Fire Department for more information and to register.
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Early voting for the November 6 election begins on Monday, October 22. Collin County
voters may vote in the Town Hall Community Room during Early Voting, and at the PISD
Administration Building on Election Day. Denton County voters may vote at any Denton
County polling location during Early Voting, and at Fire Station 2 on Election Day. More
information is available on the Collin County and Denton County websites.
The Prosper Police and Fire Departments will host a Drug Take -Back Event on Saturday,
October 27. Residents may drop off unused or unwanted prescription and over-the-
counter drugs. The initiative provides a safe, responsible way for residents to help keep
unused, expired, or unwanted drugs off the streets and out of our water supply.
The Prosper Parks and Recreation Department will hold its second annual Arbor Day
Celebration on Saturday, November 3, at 9:00 a.m. at Pecan Grove Park. The morning
will include a Town proclamation and remarks by local dignitaries and the Parks and
Recreation Board. To further urban forestry in the Town, the celebration will feature a
Prosper Boy Scout Troop and Girl Scout Troop, who will plant trees in the park to
commemorate the day. Also, the winner of the 2018 Prosper Champion Tree Contest will
be announced.
4. Presentations.
Presentation of Certificates of Appreciation to former members of the
Town's Boards and Commissions. (RB)
Chuck Smith received a Certificate of Appreciation for his service on the Parks and
Recreation Board. Rob Stogsdill received a Certificate of Appreciation for his
service on the Board of Adjustment/Construction Board of Appeals.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may
be removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meetings.
(RIB)
• Regular Meeting — September 25, 2018
5b. Consider and act upon approving the purchase of one backhoe/loader, from
RDO Equipment Co., and grounds equipment from Professional Turf
Products, L.P., through the Texas Local Government Purchasing
Cooperative. (JC)
5c. Consider and act upon authorizing the Town Manager to execute the Prosper
Center Park Interlocal Joint Use Agreement between the Town of Prosper,
Texas, and Prosper Independent School District as it relates to Legacy
Elementary School and Prosper Center Park. (DR)
5d. Consider and act upon approving the purchase of third -party building permit
and fire code -related plan review and inspection services, through an
existing Professional Services Agreement with Bureau Veritas North
America, Inc. (JW)
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5e. Consider and act upon authorizing the Town Manager to execute an
Interlocal Agreement for Geographic Information System (GIS) services
between the Town of Prosper and the City of Frisco. (AG)
5f. 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. (AG)
Councilmember Miller made a motion and Councilmember Korbuly seconded the
motion to approve all items on the Consent Agenda. The motion was approved by
a vote of 6-0.
6. CITIZEN 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 Meeting Appearance Card" and present it to the Town Secretary
prior to the meeting.
Ben Pruitt, 4311 Whitley Place Drive, Prosper, asked the Council to adopt a new resolution
opposing the US 380 Bypass Red Option B alignment. He distributed written comments
to the Council, as well as a proposed resolution drafted by an attorney on behalf of the
Whitley Place HOA. He asked the Council to call a special meeting to adopt a new
resolution.
Nicholas Nordman, 4221 Bellingrath, Prosper, spoke in opposition to a US 380 bypass,
noting his concerns that it would increase traffic near the new high school.
Ken Seguin, 320 Yosemite Drive, Prosper, spoke on behalf of the Whitley Place HOA. He
requested the Town Council adopt a new resolution opposing a US 380 bypass, and to
take a stronger and more vocal stance in proposing an alternative solution to TxDOT.
Molly Jones, 2601 Lakeview Drive, Prosper, thanked the Town Council on behalf of the
Prosper Historical Society for the display cases in the lobby of Town Hall, and invited the
Town Council to the annual Veterans Day event on November 6.
Ron Justice, 4301 Glacier Point Court, Prosper, urged the Town Council to take a more
forceful approach in opposing a US 380 Bypass.
Eric Bomgren, 720 Cherrywood Drive, Prosper, did not wish to speak, but expressed
opposition to a US 380 bypass.
William Phillips, 280 Aurora Way, Prosper, did not wish to speak, but expressed opposition
to a US 380 bypass.
Aubrey Kennedy, 4320 Fisher Road, Prosper, did not wish to speak, but expressed
support for the presentation by Ben Pruitt to oppose US 380 Option B.
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Jeff Kennedy, 4320 Fisher Road, Prosper, did not wish to speak, but expressed support
for the resolution presented by Ben Pruitt.
W. Brian Memory, 721 Columbia Drive, Prosper, did not wish to speak, but expressed
opposition to a US 380 bypass.
Amiee Memory, 721 Columbia Court, Prosper, did not wish to speak, but expressed
opposition to a US 380 bypass.
Bob Seei, 4020 Chimney Rock, Prosper, did not wish to speak, but expressed opposition
to US 380 Bypass Option B.
Stanley LaGrove, 4260 Fisher Road, Prosper, did not wish to speak, but expressed
opposition to a US 380 bypass through Prosper.
Ryan Townsend, 711 Columbia Court, Prosper, did not wish to speak, but expressed
opposition to a bypass through Prosper.
Julie Bomgren, 720 Cherrywood Drive, Prosper, did not wish to speak, but expressed
opposition to any US 380 bypass option.
Mary L. Hammack, 261 Columbia Court, Prosper, did not wish to speak, but expressed
support for the draft resolution opposing Bypass Option B.
Deborah Phillips, 280 Aurora Way, Prosper, did not wish to speak, but expressed
opposition to a US 380 bypass.
Brad and Tami Johnston, 220 Columbia Court, Prosper, did not wish to speak, but
expressed opposition to a US 380 bypass.
Michael Hammack, 261 Columbia Court, Prosper, did not wish to speak, but expressed
opposition to a US 380 bypass.
Gary Davis, 3761 Dogwood Drive, Prosper, did not wish to speak, but expressed
opposition to a US 380 bypass entering Prosper.
Sharon Davis, 3761 Dogwood Drive, Prosper, did not wish to speak, but expressed
opposition to a US 380 bypass entering Prosper.
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a "Public Meeting Appearance Card" 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.
Page 4 of 12
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific
Use Permit (SUP) for a Child Day Care (Ace Montessori), in Windsong Ranch
Marketplace, on 2.5± acres, located on the east side of Gee Road, north of US 380.
The property is zoned Planned Development-40 (PD-40). (S18-0006). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of this request is to allow for a licensed child care center, Ace Montessori. Mr.
Glushko presented the proposed layout, which consists of a one-story, 12,437 square -foot
building.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing,
Kevin Patel, the applicant, addressed the Council, noting that the facility would be a
Montessori School, and not a typical day care.
After discussion, Councilmember Hodges made a motion and Councilmember Andres
seconded the motion to approve Ordinance No. 18-78 for a Specific Use Permit for a Child
Day Care Center (Ace Montessori), in Windsong Ranch Marketplace, on 2.5± acres,
located on the east side of Gee Road, north of US 380. The motion was approved by a
vote of 5-1, with Councilmember Korbuly casting the opposing vote.
8. Conduct a Public Hearing, and consider and act upon an ordinance amending the
Thoroughfare Plan to insert new Cross Sections and Description for Coit Road,
between Prosper Trail and Frontier Parkway, depicting a new Interim Major
Thoroughfare 4/6LD (Midblock) where Rights -of -Way are less than 120 feet. (CA18-
0002). (AG)
DEPARTMENT ITEMS:
9. Consider and act upon authorizing the Town Manager to execute a Contract
Amendment to the Professional Engineering Services Agreement between
CobbFendley and Associates, Inc., and the Town of Prosper, Texas, related to the
design of the Coit Road (First — Frontier) project. (PA)
Mayor Smith opened Items 8 and 9 concurrently.
Pete Anaya, Deputy Director of Engineering Services, presented both items before the
Town Council. On August 23, 2018, Town staff held a public meeting to discuss the
proposed design and improvements to Coit Road. Based on feedback received at this
meeting, as well as from Town Council, Town staff is proposing to revise the design and
approach to construction of Coit Road, between Prosper Trail and Frontier Parkway.
While the Comprehensive Plan generally recommends construction of outer lanes when
the entirety of an ultimate roadway section is not constructed in a single phase, the
proposed amendment recommends construction of the inner lanes on a section of Coit
Road, between Prosper Trail and Frontier Parkway, where 4 lanes of an ultimate 6-lane
divided section are currently proposed for construction.
Page 5 of 12
The recommendation to amend the Comprehensive Plan to add these cross sections is
necessitated due to an inadequate amount of right-of-way in this area. There is not 120
feet of right-of-way, which is typical for an ultimate 6-lane divided thoroughfare. The
proposed cross section provides for an ultimate 6-lane, divided thoroughfare, with 110 feet
and 101 feet of right-of-way, and recognizes the construction of the inner lanes initially,
and construction of the outer lanes in the future, as warranted.
On September 11, 2018, the Town Council approved the FY 2018-2019 Capital
Improvement Program that included funding for the redesign of Coit Road from Prosper
Trail to Frontier Parkway. This Contract Amendment revises the design plans at the 60%
design stage to initially build the inside four lanes on Coit Road between Prosper Trail and
Frontier Parkway where existing right-of-way is less than 120'. The redesign will include
revising the paving plan/profile sheets, drainage area map, drainage calculations and
storm sewer layout and profiles. This Contract Amendment also includes the authorization
to proceed from 90% to 100% construction drawings, bidding phase, construction
administration, record drawings, right-of-way and easement acquisition, and construction
materials testing, and to make the project 'shovel ready.'
Mayor Smith opened the Public Hearing for Item 8.
Gary Gleghorn, 1741 Windy Hill Lane, Prosper, spoke in favor of both items.
With no one else speaking, Mayor Smith closed the Public Hearing.
Councilmember Korbuly made a motion and Councilmember Hodges seconded the
motion to approve Ordinance No. 18-79 amending the Thoroughfare Plan to insert new
Cross Sections and Description for Coit Road, between Prosper Trail and Frontier
Parkway, depicting a new Interim Major Thoroughfare 4/6LD (Midblock) where Rights -of -
Way are less than 120 feet. (CA18-0002). The motion was approved by a vote of 5-1,
with Mayor Pro-Tem Vogelsang casting the opposing vote.
Councilmember Korbuly made a motion and Councilmember Andres seconded the motion
to authorize the Town Manager to execute a Contract Amendment to the Professional
Engineering Services Agreement between CobbFendley and Associates, Inc., and the
Town of Prosper, Texas, related to the design of the Coit Road (First — Frontier) project.
The motion was approved by a vote of 5-1, with Mayor Pro-Tem Vogelsang casting the
opposing vote.
10. Consider and act upon approving the purchase of one aerial ladder truck with a pre-
pay discount option, from Siddons-Martin Emergency Group, through the Texas
Local Government Purchasing Cooperative; one ambulance from Professional
Ambulance Sales and Service, the Texas dealer for Horton Emergency Vehicles,
through the Houston -Galveston Area Council (HGAC) Cooperative Purchasing
Program; and authorizing the Town Manager to execute related documents for the
same. (SB)
Fire Chief Stuart Blasingame presented this item before the Town Council. The purchase
of one aerial ladder truck and one ambulance are approved FY 2018-2019 discretionary
packages. The Town has numerous large commercial projects under construction, as well
as a considerable number of large commercial buildings and large residential homes and
apartments. The Fire Department does not have a ladder to reach most of the buildings.
The ladder truck unit will provide this needed level of service to the Town of Prosper. The
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Town has obtained the use of a ladder truck on loan until the new ladder truck is delivered,
so that the Town may continue to pursue an ISO level of 1.
Councilmember Korbuly made a motion and Councilmember Hodges seconded the
motion to approve the purchase of one aerial ladder truck with a pre -pay discount option,
from Siddons-Martin Emergency Group, through the Texas Local Government Purchasing
Cooperative; one ambulance from Professional Ambulance Sales and Service, the Texas
dealer for Horton Emergency Vehicles, through the Houston -Galveston Area Council
(HGAC) Cooperative Purchasing Program; and authorizing the Town Manager to execute
related documents for the same. The motion was approved by a vote of 6-0.
11. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the
Town Attorney to bring a condemnation action for the purpose of obtaining
approximately 0.612 acres of Water Easement, and 0.612 acres of Temporary
Construction Easement situated generally in Abstract No. A0147 Collin County
School Land #12 Survey, Sheet 4, Tract 21, in the Town of Prosper, Collin County,
Texas, necessary for the construction of the Lower Pressure Plane Water Supply
Line Phase 1 Project and for other public purposes permitted by law. (PA)
Pete Anaya, Deputy Director of Engineering Services, presented Items 11 through 19
concurrently. The Town is in the process of developing engineering plans for the
construction of the Lower Pressure Plane Water Line. Water Easements are required for
installation of the Town's water line and Temporary Construction Easements are required
during construction. The subject properties are needed for both, and while negotiations
are going well, staff is requesting advance authorization to pursue acquisition by eminent
domain if needed.
Mayor Smith read the captions for Items 11 through 19, and a separate record vote was
taken for each item.
Councilmember Korbuly made a motion and Councilmember Hodges seconded the
motion to approve Resolution No. 18-80 authorizing the Town Attorney to bring a
condemnation action for the purpose of obtaining approximately 0.612 acres of Water
Easement, and 0.612 acres of Temporary Construction Easement situated generally in
Abstract No. A0147 Collin County School Land #12 Survey, Sheet 4, Tract 21, in the Town
of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure
Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law.
The motion was approved by a record vote of 6-0 as follows:
Councilmember Hodges - approved
Councilmember Miller - approved
Councilmember Andres - approved
Mayor Smith - approved
Mayor Pro-Tem Vogelsang - approved
Councilmember Korbuly - approved
12. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the
Town Attorney to bring a condemnation action for the purpose of obtaining
approximately 0.400 acres of Water Easement, and 0.539 acres of Temporary
Construction Easement situated generally in Abstract No. A0147 Collin County
School Land #12 Survey, Sheet 4, Tract 20, in the Town of Prosper, Collin County,
Page 7 of 12
Texas, necessary for the construction of the Lower Pressure Plane Water Supply
Line Phase 1 Project and for other public purposes permitted by law. (PA)
Councilmember Korbuly made a motion and Councilmember Andres seconded the motion
to adopt Resolution No. 18-81 authorizing the Town Attorney to bring a condemnation
action for the purpose of obtaining approximately 0.400 acres of Water Easement, and
0.539 acres of Temporary Construction Easement situated generally in Abstract No.
A0147 Collin County School Land #12 Survey, Sheet 4, Tract 20, in the Town of Prosper,
Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water
Supply Line Phase 1 Project and for other public purposes permitted by law.
The motion was approved by a record vote of 6-0 as follows.-
Councilmember Korbuly — approved
Mayor Pro-Tem Vogelsang — approved
Mayor Smith — approved
Councilmember Andres — approved
Councilmember Miller — approved
Councilmember Hodges — approved
13. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the
Town Attorney to bring a condemnation action for the purpose of obtaining
approximately 0.154 acres of Water Easement, and 0.205 acres of Temporary
Construction Easement situated generally in Abstract No. A0147 Collin County
School Land #12 Survey, Sheet 5, Tract 180, in the Town of Prosper, Collin County,
Texas, necessary for the construction of the Lower Pressure Plane Water Supply
Line Phase 1 Project and for other public purposes permitted by law. (PA)
Councilmember Korbuly made a motion and Councilmember Miller seconded the motion
to adopt Resolution No. 18-82 authorizing the Town Attorney to bring a condemnation
action for the purpose of obtaining approximately 0.154 acres of Water Easement, and
0.205 acres of Temporary Construction Easement situated generally in Abstract No.
A0147 Collin County School Land #12 Survey, Sheet 5, Tract 180, in the Town of Prosper,
Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water
Supply Line Phase 1 Project and for other public purposes permitted by law.
The motion was approved by a record vote of 6-0 as follows:
Councilmember Hodges - approved
Councilmember Miller - approved
Councilmember Andres - approved
Mayor Smith - approved
Mayor Pro-Tem Vogelsang - approved
Councilmember Korbuly - approved
14. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the
Town Attorney to bring a condemnation action for the purpose of obtaining
approximately 0.152 acres of Water Easement, and 0.208 acres of Temporary
Construction Easement situated generally in Abstract No. A0147 Collin County
School Land #12 Survey, Sheet 5, Tract 175, in the Town of Prosper, Collin County,
Texas, necessary for the construction of the Lower Pressure Plane Water Supply
Line Phase 1 Project and for other public purposes permitted by law. (PA)
Page 8 of 12
Councilmember Korbuly made a motion and Councilmember Hodges seconded the
motion to adopt Resolution No. 18-83 authorizing the Town Attorney to bring a
condemnation action for the purpose of obtaining approximately 0.152 acres of Water
Easement, and 0.208 acres of Temporary Construction Easement situated generally in
Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 175, in the
Town of Prosper, Collin County, Texas, necessary for the construction of the Lower
Pressure Plane Water Supply Line Phase 1 Project and for other public purposes
permitted by law.
The motion was approved by a record vote of 6-0 as follows.
Councilmember Hodges - approved
Councilmember Miller - approved
Councilmember Andres - approved
Mayor Smith - approved
Mayor Pro-Tem Vogelsang - approved
Councilmember Korbuly - approved
15. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the
Town Attorney to bring a condemnation action for the purpose of obtaining
approximately 0.200 acres of Water Easement, and 0.262 acres of Temporary
Construction Easement situated generally in Abstract No. A0147 Collin County
School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper, Collin County,
Texas, necessary for the construction of the Lower Pressure Plane Water Supply
Line Phase 1 Project and for other public purposes permitted by law. (PA)
Councilmember Korbuly made a motion and Councilmember Miller seconded the motion
to adopt Resolution No. 18-84 authorizing the Town Attorney to bring a condemnation
action for the purpose of obtaining approximately 0.200 acres of Water Easement, and
0.262 acres of Temporary Construction Easement situated generally in Abstract No.
A0147 Collin County School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper,
Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water
Supply Line Phase 1 Project and for other public purposes permitted by law.
The motion was approved by a record vote of 6-0 as follows
Councilmember Hodges - approved
Councilmember Miller - approved
Councilmember Andres - approved
Mayor Smith - approved
Mayor Pro-Tem Vogelsang - approved
Councilmember Korbuly - approved
16. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the
Town Attorney to bring a condemnation action for the purpose of obtaining
approximately 0.730 acres of Water Easement, and 0.564 acres of Temporary
Construction Easement situated generally in Abstract No. A0147 Collin County
School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper, Collin County,
Texas, necessary for the construction of the Lower Pressure Plane Water Supply
Line Phase 1 Project and for other public purposes permitted by law. (PA)
Councilmember Korbuly made a motion and Councilmember Andres seconded the motion
to adopt Resolution No. 18-85 authorizing the Town Attorney to bring a condemnation
action for the purpose of obtaining approximately 0.730 acres of Water Easement, and
Page 9 of 12
0.564 acres of Temporary Construction Easement situated generally in Abstract No.
A0147 Collin County School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper,
Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water
Supply Line Phase 1 Project and for other public purposes permitted by law.
The motion was approved by a record vote of 6-0 as follows:
Councilmember Korbuly — approved
Mayor Pro -Tern Vogelsang — approved
Mayor Smith — approved
Councilmember Andres — approved
Councilmember Miller — approved
Councilmember Hodges — approved
17. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the
Town Attorney to bring a condemnation action for the purpose of obtaining
approximately 0.762 acres of Water Easement, and 0.484 acres of Temporary
Construction Easement situated generally in Abstract No. A0147 Collin County
School Land #12 Survey, Sheet 5, Tract 16, in the Town of Prosper, Collin County,
Texas, necessary for the construction of the Lower Pressure Plane Water Supply
Line Phase 1 Project and for other public purposes permitted by law. (PA)
Councilmember Korbuly made a motion and Councilmember Hodges seconded the
motion to adopt Resolution No. 18-86 authorizing the Town Attorney to bring a
condemnation action for the purpose of obtaining approximately 0.762 acres of Water
Easement, and 0.484 acres of Temporary Construction Easement situated generally in
Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 16, in the Town
of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure
Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law.
The motion was approved by a record vote of 6-0 as follows:
Councilmember Hodges - approved
Councilmember Miller - approved
Councilmember Andres - approved
Mayor Smith - approved
Mayor Pro-Tem Vogelsang - approved
Councilmember Korbuly - approved
18. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the
Town Attorney to bring a condemnation action for the purpose of obtaining
approximately 0.221 acres of Water Easement, and 0.224 acres of Temporary
Construction Easement situated generally in Abstract No. A0147 Collin County
School Land #12 Survey, Sheet 5, Tract 16, in the Town of Prosper, Collin County,
Texas, necessary for the construction of the Lower Pressure Plane Water Supply
Line Phase 1 Project and for other public purposes permitted by law. (PA)
Councilmember Korbuly made a motion and Councilmember Andres seconded the motion
to adopt Resolution No. 18-87 authorizing the Town Attorney to bring a condemnation
action for the purpose of obtaining approximately 0.221 acres of Water Easement, and
0.224 acres of Temporary Construction Easement situated generally in Abstract No.
A0147 Collin County School Land #12 Survey, Sheet 5, Tract 16, in the Town of Prosper,
Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water
Supply Line Phase 1 Project and for other public purposes permitted by law.
Page 10 of 12
The motion was approved by a record vote of 6-0 as follows:
Councilmember Korbuly — approved
Mayor Pro-Tem Vogelsang — approved
Mayor Smith — approved
Councilmember Andres — approved
Councilmember Miller — approved
Councilmember Hodges — approved
19. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the
Town Attorney to bring a condemnation action for the purpose of obtaining
approximately 1.232 acres of Water Easement, and 0.822 acres of Temporary
Construction Easement situated generally in the Abstract No. A0086 Ed Bradley
Survey, Tract 5, in the Town of Prosper, Collin County, Texas, necessary for the
construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and
for other public purposes permitted by law. (PA)
Councilmember Korbuly made a motion and Councilmember Andres seconded the motion
to adopt Resolution No. 18-88 authorizing the Town Attorney to bring a condemnation
action for the purpose of obtaining approximately 1.232 acres of Water Easement, and
0.822 acres of Temporary Construction Easement situated generally in the Abstract No.
A0086 Ed Bradley Survey, Tract 5, in the Town of Prosper, Collin County, Texas,
necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1
Project and for other public purposes permitted by law.
The motion was approved by a record vote of 6-0 as follows
Councilmember Korbuly — approved
Mayor Pro-Tem Vogelsang — approved
Mayor Smith — approved
Councilmember Andres — approved
Councilmember Miller — approved
Councilmember Hodges — approved
20. 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:
20a. Section 551.087 — To discuss and consider economic development
incentives.
20b. Section 551.072 — To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
20c. Section 551.074 — To discuss and consider employment of Municipal Judge
and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:56 p.m.
21. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
Page 11 of 12
The Town Council reconvened the Regular Session at 8:59 p.m.
Councilmember Miller made a motion and Councilmember Korbuly seconded the motion
to execute an agreement with the Municipal Court Judge pursuant to the terms discussed
in Executive Session. The motion was approved by a vote of 6-0.
22. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discuss Holiday Meeting Schedule. (RB)
Town Secretary/PIO Robyn Battle proposed canceling the December 25, 2018, Town
Council meeting, due to the Christmas holiday. The Council concurred.
• Discuss Date for 2019 Strategic Planning Session. (RB)
Town Secretary/PIO Robyn Battle proposed January 30, 2019, as the date for the
annual Town Council Strategic Planning Session. The Council concurred.
■ Christmas Festival. (DR)
Parks and Recreation Director Dudley Raymond proposed the 2018 Christmas
Festival to be held at Frontier Park, due to the fact that construction on Broadway will
not be complete in time for the festival. The Council concurred.
23. Adjourn.
The meeting was adjourned at 9:06 p.m., on Tuesday, October 9, 2018.
11111
These rno%M a 444 an the 23rd day of October 2018.
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Robyn B/ttle, Town Secreta
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