07.09.2013 Town Council Minutesi�
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TOWN OF. .I �&`i " Fv'% � E
Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:01 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro Tern Meigs Miller
Deputy Mayor Pro Tern Kenneth Dugger
Council Member Mike Korbuly
Council Member Curry Vogelsang
Council Member Danny Wilson
Council Member Jason Dixon
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, July 9, 2013
6:00 p.m. Regular Meeting
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Chris Copple, Director of Development Services
Michael Bulla, CIP Project Manager
Ronnie Tucker, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Council Member Korbuly led the invocation. The Pledge of Allegiance and the Pledge to
the Texas Flag were recited.
3. Announcements of upcoming events.
Mayor Pro Tern Miller made the following announcements:
On Monday, July 15, the Town will present the second in a series of three water
conservation -related seminars presented in partnership with Texas Agri -Life. This
seminar on Lawn Care Maintenance will take place at the Prosper Community Library on
the campus of Reynolds Middle School from 6:30-8:30 p.m. A question and answer
session will follow the presentation.
Applications for the Town's Boards and Commissions will be accepted through August 2.
Applications are available at Town Hall, the EDC office, and the Town's website.
Descriptions of the various Town Boards and their eligibility requirements are available
on the Town website or by contacting Robyn Battle, the Town Secretary.
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4. 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.)
4a. Consider and act upon minutes from the following Town Council meeting. (RB)
• Regular Meeting — June 25, 2013
4b. 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)
4c. Consider and act upon adopting Resolution No. 13-44, approving Amendment
No. 9 to an Interlocal Jail Services Agreement with Collin County, and authorizing
the Town Manager to execute same. (RB)
Mayor Pro Tern Miller made a motion and Deputy Mayor Pro Tern Dugger seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a
vote of 7-0.
5. 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 Comments Form" and present it to the Town Secretary prior to the meeting.)
There were no Citizen Comments.
Mayor Smith moved the Executive Session to follow Citizen Comments.
9. EXECUTIVE SESSION:
Deputy Mayor Pro Tern Dugger made a motion and Council Member Wilson seconded
the motion to recess into Executive Session at 6:07 p.m. The motion was approved by a
vote of 7-0.
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:
9a. Section 551.087. To discuss and consider economic development
incentives.
9b. 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.
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9c. Section 551.071. Consultation with the Town Attorney regarding legal
issues associated with Comprehensive Plan annual update, and all matters
incident and related thereto.
9d. Section 551.071. Consultation with the Town Attorney regarding an
Agreement for the Reduction of the ETJ of the Town of Prosper, by and
between the Town of Prosper and the Town of Little Elm, relative to
property generally located west of FM 1385 and north of Fishtrap Road, and
all matters incident and related thereto.
Deputy Mayor Pro Tern Dugger made a motion and Council Member Korbuly seconded
the motion to reconvene into Regular Session at 6:37 p.m. 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.)
DEPARTMENT ITEMS:
6. Capital Improvement Program update. (MB)
Michael Bulla, Capital Improvement Program (CIP) Project Manager, presented this item
before Council. Mr. Bulla provided the Town Council with an update on CIP projects that
are currently under construction, as well as those which are scheduled to commence
construction or design during Fiscal Year 2013-2014. Projects that will be proposed in
the Fiscal Year 2013-2014 budget and those to be funded by future reimbursement
resolutions were also reviewed. Following the CIP update, Fire Chief Ronnie Tucker
continued the presentation. Chief Tucker discussed the proposed future locations of the
Town's fire stations, and the criteria used in deciding the appropriate locations for fire
stations. He also addressed the various concerns related to constructing a fire station
adjacent to a residential area.
Mayor Pro Tern Miller left the Town Council meeting at 7:09 p.m.
Mayor Smith recognized the following citizens who requested to speak on this item:
Stacy Zimmerman, 1141 Terrace Manor Drive, Prosper, Texas, spoke in opposition to
the proposed fire station adjacent to the Whispering Farms subdivision. Ms. Zimmerman,
a local realtor, distributed a copy of an email from a real estate appraiser to support her
statement.
Greg Alford, 3021 Brookgreen Court, Prosper, Texas, spoke in opposition to the
proposed fire station adjacent to the Whispering Farms subdivision.
Charles Shafer, 2961 Lakeview Drive, Prosper, Texas, spoke in opposition to the
proposed fire station adjacent to the Whispering Farms subdivision.
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Dennis Sharp, 2701 Vista View Lane, Prosper, Texas, spoke in opposition to the
proposed fire station adjacent to the Whispering Farms subdivision. Mr. Sharp is
president of the Whispering Farms Homeowners Association. He stated that the results
of a recent poll taken of the residents of Whispering Farms indicated that 60% of
residents were opposed to the proposed location of the fire station.
Neither Strait, 3041 Brookgreen Court, Prosper, Texas, spoke in opposition to the
proposed fire station adjacent to the Whispering Farms subdivision.
Michelle Valen, 3040 Brookgreen Court, Prosper, Texas, spoke in opposition to the
proposed fire station adjacent to the Whispering Farms subdivision.
Gregory Ahrens, 3101 Brookgreen Court, Prosper, Texas, spoke in opposition to the
proposed fire station adjacent to the Whispering Farms subdivision.
Brian McClung, 741 Whitney Court, Prosper, Texas, is the current President of the
Preston Lakes Homeowners Association. Mr. McClung requested that the Town Council
reprioritize the CIP Plan in order to facilitate the completion of Bridgeport Park.
Greg Alford requested to address Council again, and asked Council to consider other
uses for the property at the proposed location of the fire station adjacent to the
Whispering Farms subdivision.
Mayor Smith and the Town Council thanked the citizens for their comments and
feedback.
7. Consider and act upon authorizing the Town Manager to execute an Engineering
Services Agreement between Freese and Nichols, Inc., and the Town of Prosper,
Texas, related to the Lower Pressure Plane Water Supply Evaluation. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before Council. Freese and Nichols, Inc., will perform a side -by -side life cycle
cost comparison of water supply to the Town's Lower Pressure Plane using Upper
Trinity Regional Water District and the North Texas Municipal Water District.
Council Member Vogelsang left the Council bench at 7:54 p.m.
Council Member Wilson made a motion and Council Member Korbuly seconded the
motion to authorize the Town Manager to execute an Engineering Services Agreement
between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the Lower
Pressure Plane Water Supply Evaluation. The motion was approved by a vote of 5-0.
8. Consider and act upon approving the Fourth Amendment to the Development and
Financing Agreement between the Town of Prosper and Blue Star Land, L.P., 183
Land Corp., and Blue Star Allen Land, L.P. (HJ)
Council Member Vogelsang returned to the Council bench.
Town Manager Harlan Jefferson presented this item before Council. On March 28,
2008, the Town entered into a Development and Financing Agreement with Blue Star
Land, L.P., 183 Land Corp., and Blue Star Allen Land, L.P. in advance of the "Gates of
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Prosper" project. Since then, the Town has approved three amendments. This fourth
amendment will continue the agreement through July 9, 2014. This time frame will allow
enough time for Blue Star to obtain Letters of Intent and finalize approved site plans from
retailers.
Council Member Korbuly made a motion and Council Member Dixon seconded the
motion to approve the Fourth Amendment to the Development and Financing Agreement
between the Town of Prosper and Blue Star Land, L.P., 183 Land Corp., and Blue Star
Allen Land, L.P. The motion was approved by a vote of 6-0.
9. EXECUTIVE SESSION:
The Town Council recessed once again into Executive Session at 8:04 p.m.
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:
9a. Section 551.087. To discuss and consider economic development
incentives.
9b. 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.
9c. Section 551.071. Consultation with the Town Attorney regarding legal
issues associated with Comprehensive Plan annual update, and all matters
incident and related thereto.
9d. Section 551.071. Consultation with the Town Attorney regarding an
Agreement for the Reduction of the ETJ of the Town of Prosper, by and
between the Town of Prosper and the Town of Little Elm, relative to
property generally located west of FM 1385 and north of Fishtrap Road, and
all matters incident and related thereto.
10. To reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 9:54 p.m. No action was taken as a result of
Executive Session. Council Member Korbuly did not return to the Council bench.
11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
12. Adjourn.
Deputy Mayor Pro Tern Dugger made a motion and Council Member Wilson seconded
the motion to adjourn the meeting at 9:55 p.m., on Tuesday, July 9, 2013. The motion
was approved by a vote of 5-0.
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These minutes approved on the 23rd day of July, 2013.
APPROVED:
Ray Smit',J Mayor
7
ATTEST:
j
I
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