07.22.2014 Town Council MinutesMINUTES
Regular Meeting of the
F Prosper Town Council
Prosper Municipal Chambers
EX '% 108 W. Broadway, Prosper, Texas
Tuesday, July 22, 2014
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:02 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Curry Vogelsang, Jr.
Council Members Absent:
Councilmember Jason Dixon
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, Development Services Director
Alex Glushko, Senior Planner
Bill Elliott, Building Official
Matt Richardson, Senior Engineer
Kent Austin, Finance Director
Ronnie Tucker, Fire Chief
Bryan Ausenbaugh, Fire Marshal
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
David Vestal of Lighthouse Christian Fellowship led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Deputy Mayor Pro-Tem Dugger made the following announcements
Applications for the Town's Boards and Commissions are now being accepted
through Friday, August 1. Applications are available at Town Hall, the Community
Library, and the Town's website. Descriptions of the various Town Boards and their
eligibility requirements are available on the Town's website, or by contacting Robyn
Battle, Town Secretary.
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The North Central Texas Council of Governments is seeking public input on the Collin
County Hazard Mitigation Action Plan. Residents are encouraged to attend a public
meeting on July 24, at 10:00 a.m., at the Collin County Administration Building on
Bloomdale Road in McKinney.
On August 2, the Community Library will host its Summer Grand Finale from 10:00
a.m.-2:00 p.m. The Library will have face painting and crafts for children and the
Prosper Police Department will offer children's identification kits. This is also the last
day to turn in reading challenge logs to get prizes. Contact Library Director, Leslie
Scott, for more information.
The Town continues to make progress on improvements to many of the Town's
existing roadways. First Street, from the Dallas North Tollway to Coleman Road, is
complete, and open to two-way traffic. The contractor is anticipating beginning the
asphalt improvements to Coleman Road in front of Reynolds Middle School the
second week in August and it should take approximately a week to complete. Coit
Road, from First Street to Frontier Parkway, is also making progress. The section
from north of Fair Oaks to Frontier Parkway is scheduled to be closed from July 24-
30, to allow the contractor to stabilize the subgrade with asphalt to follow. The
section from First Street to Prosper Trail is scheduled for asphalt in the next two
weeks. Both sections will be complete before school starts. First Street, from Church
Street to Craig Street, is also under construction. New concrete pavement on the
south side is complete and the Town is waiting for the concrete to cure before
excavating the north side, which is planned forthe week of August 4. And lastly, the
repaving in the Rhea Mills subdivision has begun with the removal of the existing
concrete pavement. New concrete will replace the existing pavement and the entire
project will take approximately four months to complete. Motorists are urged to
adhere to the traffic controls in place during these projects as many of the roads
under construction are one-way during the projects.
4. Presentations.
Recognition of Craig Hill with DR Horton Homes as Second Runner -Up,
Brian Boyd with Highland Homes as First Runner -Up, and Gary Castleberry
with Dave R. Williams Homes as the recipient of the Building Inspection's
"2013 Builder of the Year Award." (BE)
Building Official Bill Elliott and Chief Building Inspector Steve Freeman presented the
awards to the recipients.
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.)
Mayor Pro-Tem Miller removed Items 5b, 5h, 5j, 5k, 51, 5m, 5n, 5o, 5p, 5q, 5r, 5s, and
5t from the Consent Agenda.
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Mayor Pro -Tern Miller made a motion and Councilmember Korbuly seconded the
motion to approve Items 5a, 5c, 5d, 5e, 5f, 5g, 5i, 5u, 5v, and 5w on the Consent
Agenda.
5a. Consider and act upon minutes from the following Town Council
meeting. (RB)
• Regular Meeting — July 8, 2014
5c. Receive the June 2014 financial report. (KA)
5d. Receive the quarterly investment report for June 30, 2014. (KA)
5e. Consider and act upon authorizing the Town Manager to execute a Water
Improvement Development Agreement between Prosper Partners, LP,
and the Town of Prosper, Texas, related to the extension of water lines
to serve the Parks at Legacy development. (HW)
5f. Consider and act upon authorizing the Town Manager to execute a
Thoroughfare Improvement Development Agreement between Prosper
Partners, LP, and the Town of Prosper, Texas, related to the extension of
roadways to serve the Parks at Legacy development. (HW)
5g. Consider and act upon a mailbox design standard for Frontier Estates
(Planned Development-15). (AG)
5i. Consider and act upon Ordinance No. 14-41 rezoning 80.7± acres,
located on the southeast corner of Dallas Parkway and Frontier Parkway,
from Single Family-15 (SF-15) to Planned Development -Single
Family/Retail (PD-SF/R). (Z14-0006). (CC)
5u. 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)
5v. Consider and act upon approval of Resolution No. 14-42 concerning the
construction of a grade separated crossing on Frontier Parkway over the
BNSF Railroad. (HW)
5w. Consider and act upon Resolution No. 14-43 concerning the proposed
extension of a North Texas Municipal Water District (NTMWD) sanitary
sewer line through the Town of Prosper to serve the City of Celina. (HW)
The motion was approved by a vote of 6-0.
Mayor Pro-Tem Miller Made a motion and Councilmember Korbuly seconded the
motion to postpone Items 5b, 5h, 5j, 5k, 51, 5m, 5n, 5o, 5p, 5q, 5r, 5s, and 5t until
after the Executive Session. The motion was approved by a vote of 5-1.
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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.)
Other Comments by the Public —
There were no Citizen Comments.
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.)
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request to rezone 93.2±
acres, located on the northwest corner of Prosper Trail and Coit Road, from
Agricultural (A) and Single Family-15 (SF-15) to Planned Development -Single
Family-15/Office (PD-SF-15/0). (Z14-0008). (CC)
Mayor Smith stated that he would abstain from voting on Item 7 due to a conflict of
interest, and left the Council bench.
Chris Copple, Director of Development Services, presented this item before the Town
Council. The request is to rezone the property from Agricultural and Single Family-15
(SF-15) to SF-15; however, the Future Land Use Plan recommends Low Density
Residential for the property, with a maximum of 1.6 dwelling units per acre. The
zoning request reflects a density of approximately 2.0 dwelling units per acre;
therefore, the zoning request does not conform to the FLUP. Mr. Copple presented
an updated map to the Town Council showing the approximate lot sizes of the
surrounding residential developments. The Planning and Zoning Commission
recommended approval of the request. Town staff recommends denial of the
request.
Mayor Pro-Tem Miller opened the Public Hearing.
Tom Beitel, 1501 Cedar Bend Court, Prosper, spoke in opposition of this item.
Mardy Brown of Texas Development Services spoke on behalf of the applicant. The
applicant had previously submitted for a Planned Development (PD), but has
changed the submittal to straight zoning for SF-15 with the intent to apply for a
Special Use Permit for a Montessori school on a portion of the property at a later
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date. The Town Council discussed their concerns about the density of the property,
and Mr. Brown confirmed that the proposal would follow all of the zoning
requirements for SF-15. After discussion, Town staff recommended the Town
Council table this item until the August 12 Town Council meeting, and the applicant
revise the submittal to a PD for SF-15, with a requirement of 1.6 dwelling units per
acre.
Councilmember Vogelsang made a motion and Councilmember Davis seconded the
motion to table Item 7 to the August 12, 2014, Town Council meeting, and to close
the Public Hearing. The motion was approved by a vote of 5-0.
Mayor Smith returned to the Council bench.
8. Presentation of service plan and first public hearing to consider the involuntary
annexation of a 2.3± acre tract of land located on the east side of Dallas
Parkway, 500± feet south of First Street. (A14-0001). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. In 2009,
the Town entered into multiple five-year agreements with the remaining
unincorporated properties within Collin County and the Town's Extraterritorial
Jurisdiction (ETJ), and the Town has offered to extend these agreements to all
properties that continue to maintain their Agricultural property tax exemption. The
subject property no longer meets these requirements, so Town staff recommends an
involuntary annexation of the property. State law requires two Public Hearings to be
held as part of the annexation process.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
9. Presentation of service plan and first public hearing to consider the involuntary
annexation of an 18.0± acre tract of land located 800± feet south of Prosper
Trail, 4,500± feet east of Coit Road. (A14-0002). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. In 2009,
the Town entered into multiple five-year agreements with the remaining
unincorporated properties within Collin County and the Town's Extraterritorial
Jurisdiction (ETJ), and the Town has offered to extend these agreements to all
properties that continue to maintain their Agricultural property tax exemption. The
owner of the subject property did not respond to the two offer letters from the Town to
extend the agreement, so Town staff recommends an involuntary annexation of the
property. State law requires two Public Hearings to be held as part of the annexation
process.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
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DEPARTMENT ITEMS:
10. Consider and act upon authorizing the Town Manager to execute a
Development Agreement between Triple B. Holding, L.P., and the Town of
Prosper, Texas, related to the timing and construction of fencing materials for
Warren/Avant Garde Addition, Block A, Lot 1R. (AG)
Senior Planner Alex Glushko presented this item before the Town Council. At the
June 24, 2014, Town Council meeting, the Town Council considered an alternative
type of open storage screening for the subject property. The request as proposed by
the applicant included allowing the existing chain -linked fencing along the southern
property line to remain; however, the applicant agreed to enter into an agreement that
would require the chain -linked fencing to be replaced with wrought iron fencing at the
time the adjacent thoroughfare, Business Park Drive, is constructed. The proposed
Development Agreement outlines the terms and conditions for the replacement of the
fence. John Rattan, representing the property owner, responded to questions from
the Town Council.
After discussion, Councilmember Vogelsang made a motion and Councilmember
Korbuly seconded the motion authorizing the Mayor to execute a Development
Agreement between Triple B. Holding, L.P., and the Town of Prosper, Texas, related
to the timing and construction of fencing materials for Warren/Avant Garde Addition,
Block A, Lot 1 R, with Brent Burns being the owner of the property. The motion was
approved by a vote of 6-0.
11. Consider and act upon an alternative type of open storage screening for
Warren/Avant Garde Addition, Block A, Lot 1 R (The Body Shop), on 2.5± acres,
located on the west side of Business Park Drive, 400± feet south of First Street.
The property is zoned Commercial (C). (D14-0017). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. This item
was tabled at the June 24, 2014, Town Council meeting to allow the applicant an
opportunity to draft the development agreement that was previously approved at this
meeting. The applicant is proposing to add an additional open storage area to the
property, which is required to be screened. Mr. Glushko reviewed the details of the
applicant's request, which must be approved by the Town Council, or comply with
one of the other provisions in the Zoning Ordinance. The Planning and Zoning
Commission recommended approval of an alternative type of open storage screening
for the subject property at its May 20, 2014, meeting, subject to the following:
1. Revising the alternative type of open storage screening along the southern
property line to a 6-foot ornamental metal fence.
2. Town Council approval of an alternative type of open storage screening.
3. Town staff approval of the landscape, irrigation, and screening plans.
4. Planning and Zoning Commission approval of a replat of the subject property
dedicating all easements necessary for development.
5. Fire Department approval of all fire hydrants, Fire Department connections (FDC),
and fire lanes, including widths, radii, and location.
6. Engineering Department approval of all driveways, turn lanes, median openings,
street sections, sidewalks, and right-of-way dedications
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Town staff recommended approval of this item.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember
Korbuly seconded the motion to approve an alternative type of open storage
screening for Warren/Avant Garde Addition, Block A, Lot 1 R (The Body Shop), on
2.5± acres, located on the west side of Business Park Drive, 400± feet south of First
Street, subject to the Planning and Zoning Commission's recommendations. The
motion was approved by a vote of 6-0.
12. Discussion on proposed Military Recognition Programs. (RB)
Town Secretary Robyn Battle presented this item before the Town Council. Town
staff is proposing two Military Recognition Programs: the Blue Star Flag Program and
the Hometown Heroes Program. The Blue Star Flag Program recognizes family
members of military service personnel who are being deployed, or who are currently
serving overseas. The Hometown Heroes Program recognizes military service
personnel who are returning home from active duty. Both programs would be open to
Prosper residents, and presentations would be made at regular Town Council
meetings. Town staff was directed to move forward with both programs, to include
Town employees, Prosper residents, and families of service personnel who are
currently deployed to be eligible to participate in the programs.
Mayor Smith recognized the following individual who requested to speak on this item:
Jack Dixon, 810 Long Valley Court, Prosper, spoke in favor of this item, and also
encouraged the Town Council to support a Veterans Memorial in conjunction with
these programs.
13. Discussion on School Zone Signs and Markings Policy. (MR)
Senior Engineer Matt Richardson presented this item before the Town Council. Lee
Engineering conducted a study of the school zones within the Town of Prosper. Mr.
Richardson reviewed the results of the study, and the recommendations for a School
Zone Signs and Markings Policy that includes details on speed limits, traffic signs,
markings and crosswalks, as well as recommended modifications to school zones for
each of the six existing school campuses. Town staff met with Prosper ISD to review
the policy and proposed modifications. The Town Council will consider an
amendment to the current School Zone Ordinance at the August 12, 2014, Town
Council meeting pending Council's direction on the proposed policy. Councilmember
Korbuly requested staff to look into the feasibility of increasing the length of the
school zone to 500' in areas with speed limits of 45 miles per hour and higher.
Mayor Smith recognized the following individual who requested to speak on this item:
Mike McClung, 1400 Cedar Springs Drive, spoke in opposition to this item,
encouraging the Town Council to change the intersection of Buffalo Springs and
Cedar Lake from a two-way stop to a four-way stop.
Town staff was directed to extend the school zone to include the full length of
Arrowhead Drive, to extend the school zone on Cedar Lake to include the intersection
of Buffalo Springs Drive, to extend the school zone on Livingston Drive north of
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Salada Drive, and to consider expanding the school zone distance buffer to 500 feet
in areas where the speed limit is 45 miles per hour and above.
14. Consider and act upon ordinances adopting the following codes: 2012 editions
of the International Building Code, International Residential Code, International
Plumbing Code, International Energy Conservation Code, International
Mechanical Code, International Fuel Gas Code, and the 2011 edition of the
National Electrical Code. (BE)
Building Official Bill Elliott presented this item before the Town Council. The
International Code Council develops model codes that are updated every three years
to provide minimum safe building standards for residential and commercial structures
which benefit public safety and support the industry's need for one set of codes
without regional limitations. The International Codes are now used in all fifty states
and around the world. Town staff recommended the adoption of the 2012 ICC Code
series and the 2011 National Electrical Code with the proposed minimal local
amendments.
Mayor Smith recognized the following individual who requested to speak:
Anne Lieber, 1190 Crooked Stick, questioned the Council and Mr. Elliott about the
necessity of adopting the proposed codes, and the entity that creates and supports
adoption of the International Codes at the local level.
After responding to questions, Councilmember Korbuly Made a motion and Deputy
Mayor Pro-Tem Dugger seconded the motion to approve ordinances repealing
existing respective code provisions and adopting each of the following codes:
Ordinance No. 14-44, adopting the the 2012 Edition of the International Building Code
(IBC); Ordinance No. 14-45, adopting the 2012 Edition of the International Residential
Code (IRC); Ordinance No. 14-46, adopting the 2012 Edition of the International
Plumbing Code (IPC); Ordinance No. 14-49, adopting the 2012 Edition of the
International Fuel Gas Code (IFGC); Ordinance No. 14-48, adopting the 2012 Edition
of the International Mechanical Code (IMC); Ordinance No. 14-47, adopting the 2012
Edition of the International Energy Conservation Code (IECC); and Ordinance No. 14-
14-50, adopting the 2011 Edition of the National Electrical Code (NEC), all with
respective additions, deletions, and amendments thereto. The motion was approved
by a vote of 5-1.
15. Consider and act upon an ordinance adopting the 2012 edition of the
International Fire Code with North Central Texas Council of Governments
Recommended Amendments, local amendments, and to repeal certain
provisions contained in Ordinance No. 04-98 (existing fire code ordinance) not
related to residential fire suppression. (BA)
Fire Marshall Bryan Ausenbaugh presented this item before the Town Council. The
purpose of the 2012 International Fire Code is to establish the minimum requirements
consistent with the nationally recognized good practices for providing a reasonable
level of life safety and property protection from the hazards of fire, explosion, or
dangerous conditions in new and existing buildings and structures, and to provide
safety to firefighters and emergency responders during emergency operations.
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Mayor Smith recognized the following individual who requested to speak:
Ann Lieber, 1190 Crooked Stick, Prosper, spoke against NCTCOG's proposed effort
to regionalize firefighting services between municipalities and counties. She
supported the proposed amendments to the Fire Code.
After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Korbuly
seconded the motion to adopt Ordinance No. 14-51, adopting the 2012 edition of the
International Fire Code, including the North Central Texas Council of Governments
recommendations, local amendments, and repealing certain provisions contained in
Ordinance No. 04-98 not related to residential fire suppression. The motion was
approved by a vote of 6-0.
16. 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:
16a. Section 551.087 - To discuss and consider economic development
incentives.
16b. 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.
16c. Section 551.076 — To discuss and consider security/safety audits.
16d. Section 551.074 — To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic
Development Corporation Board, Board of Adjustment/Construction
Board of Appeals, and Library Board.
The Town Council recessed into Executive Session at 8:35 p.m.
17. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 10:01 pm.
The Town Council took the following action as a result of Executive Session:
Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller seconded
the motion to authorize the Mayor to execute an Economic Development Incentive
Agreement with Kroger Texas, LP, and the Prosper Economic Development
Corporation. The motion was approved by a vote of 5-1.
The Town Council took action on the following Items at this time:
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5b. Consider and act upon Ordinance No. 14-39 repealing the application of
the exemption from local sales and use taxes on receipts from the sale
of telecommunications services within the Town of Prosper, Texas. (KA)
5h. Consider and act upon Ordinance No. 14-40 rezoning 33.2± acres,
located on the northeast corner of Preston Road and Prosper Trail, from
Single Family-15 (SF-15) to Planned Development -Retail (PD-R). (Z14-
0007). (CC)
5j. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between Larry J. Bridgefarmer and the Town of
Prosper, Texas. (AG)
5k. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between Joe Wayne Chesney and the Town of
Prosper, Texas. (AG)
51. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between Furr Properties Ltd. and the Town of
Prosper, Texas. (AG)
Sm. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between Paul D. Gentry and the Town of Prosper,
Texas. (AG)
5n. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between Raymond and Mary Herrmann and the
Town of Prosper, Texas. (AG)
50. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between William Scott Mays and the Town of
Prosper, Texas. (AG)
Sp. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between Glen Hobart Miller and the Town of
Prosper, Texas. (AG)
5q. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between Harold and Maureen Patin and the Town
of Prosper, Texas. (AG)
Sr. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between Charles and Cynthia Stuber and the
Town of Prosper, Texas. (AG)
Ss. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between Stephen and Karla Witt and the Town of
Prosper, Texas. (AG)
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5t. Consider and act upon authorizing the Town Manager to execute an
Annexation Agreement between Y-C Nurseries, Inc., and the Town of
Prosper, Texas. (AG)
Deputy Mayor Pro -Tern Dugger made a motion and Councilmember Korbuly
seconded the motion to approve Item 5b, adopting Ordinance No. 14-39 repealing the
application of the exemption from local sales and use taxes on receipts from the sale
of telecommunications services within the Town of Prosper, Texas. The motion was
approved by a vote of 4-2.
Deputy Mayor Pro -Tern Dugger made a motions and Councilmember Vogelsang
seconded the motion to approve Item 5h, adopting Ordinance No. 14-40 rezoning
33.2± acres, located on the northeast corner of Preston Road and Prosper Trail, from
Single Family-15 (SF-15) to Planned Development -Retail (PD-R). (Z14-0007). The
motion was approved by a vote of 6-0.
Deputy Mayor Pro -Tern Dugger made a motion and Councilmember Korbuly
seconded the motion to approve Items 5j, 5k, 51, 5m, 5n, 5o, 5p, 5q, 5r, 5s, and 5t.
The motion was approved by a vote of 5-1.
18. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
• Alternative median landscaping to replace Knockout Roses (HW)
Town staff was directed to use Dwarf Crepe Myrtles to replace the diseased
Knockout Roses in the Town's medians.
• IESI Bulk Service Collection (KA)
Town staff was directed to research the number and locations of bulk item
collection requests in response to a request from IESI to modify its current
contract from one collection date each month to two, due to the increased number
of requests for bulk item collection.
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:
16c. Section 551.076 — To discuss and consider security/safety audits.
The Town Council recessed into Executive Session at 10:11 p.m.
The Regular Session was reconvened at 10:29 p.m. No action was taken as a
results of Executive Session.
19. Adjourn.
The meeting was adjourned at 10:29 p.m., on Tuesday, July 22, 2014
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These minutes approved on the 12th day of August, 2014.
APPROVED::/ ,
l r
Ray Smith, ayor
J
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