12.13.2016 Town Council Minutes2.
3.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, December 13, 2016
Prosper is a place where everyone matters.
Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Mike Davis
Council Members Absent:
Councilmember Michael Korbuly
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Terrence Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Senior Planner
Jonathan Hubbard, Planner
Steve Glass, Deputy Director of Engineering Services
Frank Jaromin, Public Works Director
Ryan Janowski, Stormwater Utility Administrator
Dudley Raymond, Parks & Recreation Director
Paul Naughton, Landscape Architect
Kelly Neal, Finance Director
January Cook, Purchasing Agent
Doug Kowalski, Chief of Police
Gary McHone, Assistant Police Chief
Ronnie Tucker, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Melissa Hatch of The Mission led the invocation. The Pledge of Allegiance and
the Pledge to the Texas flag were recited.
Announcements of recent and upcoming events.
Councilmember Miller read the following announcements:
Page 1 of 12
Mario Sinacola and Sons and TxDOT have scheduled a traffic switch for Wednesday,
December 14. Motorists should anticipate minor delays from 9:00 a.m. — 3:00 p.m. at the
intersection of Preston Road and US 380 as signal crews transition traffic to the newly
constructed ramps. In conjunction with this new ramp configuration, Coleman Street will
be closed between First Street and US 380 for approximately eight weeks to facilitate
construction of the new connection to the southbound ramp.
Thanks to everyone who attended the Prosper Community Christmas Tree Lighting on
Saturday night. Over 500 people showed up to help celebrate the holiday season and
show Prosper's hometown spirit.
The Town also celebrated the grand opening of Fire Station #2 on Saturday with a
dedication ceremony and the burial of Prosper's Centennial Celebration time capsule.
Thanks to everyone who participated in this milestone event for the Town.
Town offices will be closed on Friday, December 23, Monday, December 26, and Monday,
January 2 for the Christmas and New Year's holidays.
The Town Council would like to remind everyone that the December 27 Town Council
meeting has been canceled. We would all like to wish everyone a very Merry Christmas
and a Happy New Year.
Town Manager Harlan Jefferson introduced Dudley Raymond, the Town's new Parks &
Recreation Director.
4. 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.)
4a. Consider and act upon minutes from the following Town Council meetings.
(RB)
• Regular Meeting — November 8, 2016
0 Special Meeting — November 29, 2016
4b. Receive the October Financial Report. (KN)
4c. Consider and act upon Ordinance No. 16-75 amending Chapter 1.03.002 of
the Code of Ordinances of the Town of Prosper, Texas, authorizing the Town
Manager to execute contracts, change orders, and interlocal agreements,
subject to limitations, and relative grant applications, as stated herein. (KN)
4d. Consider and act upon authorizing the Town Manager to execute a
Professional Services Agreement between D&S Engineering Labs, LLC,
(D&S), and the Town of Prosper, Texas, related to construction materials
testing for the Town Hall/Multi-Purpose Facility project. (HW)
4e. Consider and act upon Ordinance No. 16-76 amending Article 13.10,
"Backflow Prevention Plan," of Chapter 13, "Utilities," of the Code of
Ordinances of the Town of Prosper, Texas, by adding a new Section
13.10.004, "Customer Service Inspection," and renumbering existing
Page 2 of 12
sections 13.10.004 through 13.10.006 as Sections 13.10.005 through
13.10.007, respectively; and amending Subsection (a)(1) of Section XVIII,
"Backflow Prevention Plan and Enforcement Fees," of Appendix A, "Fee
Schedule," to the Town's Code of Ordinances, relative to new administrative
fees. (SG)
4f. Consider and act upon Ordinance No.16-77 amending Chapter 13, "Utilities,"
of the Code of Ordinances by adopting a new article, 13.12, "Storm Water
Management;" providing legal authority for the Town to control pollutant
discharges into and from the Town's Municipal Separate Storm Sewer
System. (DH)
4g. 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 Dugger made a motion and Deputy Mayor Pro-Tem Dixon seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a vote
of 6-0.
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 Meeting Appearance Card" and present it to the Town Secretary
prior to the meeting.
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:
6. Conduct a Public Hearing, and consider and act upon a request to amend a portion
of Planned Development-40 (PD-40), on 11.9± acres, located on the west side of
Windsong Parkway, 400± feet north of US 380, to allow for the development of a big
box home improvement retail store (The Home Depot). (Z16-0016). (JW)
Development Services Director John Webb presented this item before the Town Council.
The request is to amend a portion of PD-40 to allow for the development of Home Depot.
The PD amendment is required due to deviations to zoning standards for outdoor sales
and display, outdoor storage, vehicle/equipment rental and/or display, architectural design
and materials, screening, berming, landscaping, and parking. Mr. Webb provided an
Page 3 of 12
overview of the requested amendments, as well as recommendations from Town staff and
the Planning & Zoning Commission. Scott Mommer, representing Home Depot, provided
a PowerPoint presentation further describing the project and the efforts Home Depot has
made to address concerns from nearby residents.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Mr. Webb continued the presentation, noting that the Executive Development Team (EDT)
reviewed this project several months ago. Home Depot has addressed some of the
residents' concerns, but has not included some recommendations made by the EDT.
Specific concerns are the appearance of the seasonal sales fencing, cart returns, and
fagade treatments. Jeff Hardman, representing Home Depot, provided additional
information about the cart returns and seasonal sales fencing materials. An alternative to
including fencing requirements in the PD amendment would be to apply for a conditional
use permit each time a seasonal sale occurs. Mayor Pro-Tem Vogelsang suggested that
seasonal sales standards be discussed during the Council's annual Strategic Planning
Session in January. Council expressed a preference for the height of the Hardi-plank
panels to be increased, similar to what was required on the Lowe's property. Town staff
recommended limiting seasonal sales to specific times during the year as part of the PD
amendment. Town Attorney Terry Welch provided draft language for a motion to approve
the item. Mr. Webb stated that the amendments reflected in the motion would be
incorporated into the ordinance exhibits that will be presented to Council for approval at
the following Council meeting.
After discussion, Councilmember Miller made a motion and Councilmember Dugger
seconded the motion to approve the request to amend a portion of Planned Development-
40 (PD-40), on 11.9± acres, located on the west side of Windsong Parkway, 400± feet
north of US 380, to allow for the development of a big box home improvement retailer (The
Home Depot), subject to:
1. Requiring permanent sleeves in the pavement for the proposed seasonal sales
fencing;
2. Requiring heavy duty black metal cart returns, consistent with manufacturing
specifications and reflected in the attached exhibit, with permanent sleeves in the
pavement;
3. Requiring a 14-foot screening wall for the loading area, constructed of a material
consistent with the main building;
4. Increase the height of the Hardi-plank panels on the front and side of the Garden
Center consistent with the Lowe's located at Custer Road and US Highway 380;
5. Seasonal sales shall be permitted only from March 1 to June 1, and November 15 to
January 1; and
6. Seasonal fencing shall be consistent with the attached exhibit and consistent with
manufacturing specifications as reflected in the seasonal fencing presentation by
Home Depot.
The motion was approved by a vote of 5-1, with Councilmember Davis casting the
opposing vote.
Page 4 of 12
7. Conduct a Public Hearing, and consider and act upon a request to rezone 14.1±
acres from Planned Development-43 (PD-43) to Planned Development -Commercial
(PD-C), located on the north side of US 380, 700± feet west of Mahard Parkway, to
facilitate the development of an automobile sales and/or leasing facility (Ford).
(Z16-0025). (JW)
Development Services Director John Webb presented this item before the Town Council.
The applicant has requested this item be tabled and the Public Hearing continued to the
January 10, 2017, Town Council meeting.
Councilmember Dugger made a motion and Councilmember Miller seconded the motion
to table Item 7 to the January 10, 2017, Town Council meeting. The motion was approved
by a vote of 6-0.
8. Conduct a Public Hearing, and consider and act upon an ordinance amending
Planned Development-38 (PD-38), on 83.6± acres, located on the northeast corner
of US 380 and Coit Road. (Z16-0027). (JW)
Development Services Director John Webb presented this item before the Town Council.
The applicant for the western -most tract, Tract A, desires to deviate from the development
plan and standards as established by current PD-38 in order to develop a Market Street
big box grocery store with drive-thru pharmacy and a convenience store with a drive-thru
and fuel pumps. The request requires approval of a PD amendment due to deviations
from the current PD-38, specifically regarding fuel pump locations and the number and
location of drive-thru and sit-down restaurants.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Larry Cates of Cates -Clark & Associates, and Daniel Fuller, President of Shop
Development, spoke on behalf of the applicant regarding the changes to the proposed
conceptual site plan. Council expressed concern that the amendment deviates from the
original intent of the development in that it would limit development of sit-down restaurants
on the site.
Councilmember Davis left the meeting at 8:08 p.m.
After discussion, Mr. Fuller requested the item be tabled to the January 10, 2017, Town
Council meeting to allow the applicant to address Council's concerns.
Councilmember Dugger made a motion and Councilmember Miller seconded the motion
to table Item 8 to the January 10, 2017, Town Council meeting. The motion was approved
by a vote of 5-0.
9. Conduct a Public Hearing, and consider and act upon an ordinance amending
Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding
distance regulations for day cares and the sale of alcoholic beverages for off -
premise and on -premise consumption. (Z16-0024). (JW)
Page 5 of 12
Development Services Director John Webb presented this item before the Town Council.
The Texas Alcoholic Beverage Code (TABC) permits, but does not require, municipalities
to establish 300-foot distance requirements between establishments that sell alcoholic
beverages for on -premise or off -premise consumption and schools including day care
facilities. The Town has the option of whether or not to classify a day care as a "school."
As more day care centers are developed, owners and developers of nearby commercial
properties will be negatively impacted in their ability to market their property for grocery
stores and restaurants as a result of this requirement.
The proposed amendment to the Zoning Ordinance removes the 300-foot distance
requirement between stores that sell beer and wine for off -premise consumption (grocery
stores and convenience stores), restaurants that sell alcoholic beverages for on -premise
consumption, and "day care centers" and "child care centers." The 300-foot distance
requirement would remain for those establishments desiring to locate near public or
private schools.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the
motion to approve Ordinance No. 16-79 amending Chapter 3, Permitted Uses and
Definitions of the Zoning Ordinance regarding distance regulations for day cares and the
sale of alcoholic beverages for off -premise and on -premise consumption. The motion was
approved by a vote of 5-0.
DEPARTMENT ITEMS:
10. Consider and act upon a Conceptual Development Plan for Prosper Crossing, Tract
B, on 22.1± acres, located on the north side of US 380, 1,250± feet east of Coit Road.
This property is zoned Planned Development-38 (PD-38). (1316-0072) (JW)
Development Services Director John Webb presented this item before the Town Council.
PD-38 requires that prior to application for a Preliminary Site Plan and/or Site Plan on
Tracts B, C, and D, a Conceptual Development Plan shall be submitted for each tract, and
receive a recommendation from the Planning & Zoning Commission and be approved by
the Town Council. The Conceptual Development Plan shows a day care center, as well
as retail buildings and restaurants. The proposed day care center would need to submit
an application for a Specific Use Permit at a future Council meeting.
Council expressed concerns about the number and location of drive-thru restaurants along
the US Highway 380 portion of the Conceptual Site Plan. Town Attorney Terry Welch
provided draft language for a motion to approve the item.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger
seconded the motion to approve the Conceptual Development Plan for Prosper Crossing,
Tract B, Lot 1, on 22.1± acres, located on the north side of US 380, 1,250± feet east of
Coit Road, subject to:
The remaining portion of Tract B to be submitted for approval upon application for
development of the remaining portions of the PD; and
Page 6 of 12
2. The proposed day care elevations are approved.
The motion was approved by a vote of 5-0.
11. Consider and act upon a request by United Supermarkets, LLC for a variance to the
distance requirements regarding the sale of alcoholic beverages for off -premise
consumption at a big box grocery store and a public school. The proposed big box
grocery store is located east of Coit Road, south of Richland Boulevard. (MD16-
0017) (JW)
Development Services Director John Webb presented this item before the Town Council.
In anticipation of the development of a Market Street grocery store, east of Coit Road and
south of Richland Boulevard, United Supermarkets, LLC submitted an application for a
variance to the distance requirement between an establishment that sells alcoholic
beverages for off -premise consumption and a public school. The property line of Market
Street will abut the ultimate southern right-of-way of Richland Boulevard, and Rogers
Middle School abuts the north side of Richland Boulevard. Mr. Webb confirmed that the
variance, if approved, would be granted solely to the Market Street grocery store.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the
motion to approve a request by United Supermarkets, LLC for a variance to the distance
requirements regarding the sale of alcoholic beverages for off -premise consumption at a
big box grocery store and a public school. The motion was approved by a vote of 5-0.
12. Consider and act upon a request for a Facade Exception for Texas Health
Resources, located on the northeast corner of US 380 and future Mahard Parkway.
(MD16-0015) (JW)
Development Services Director John Webb presented this item before the Town Council.
The approved facade plan for Texas Health Resources (THR) shows the approximate
location of the rooftop mechanical equipment and includes the corresponding note
indicating that the equipment will be screened in accordance with the Zoning Ordinance.
Following notification by Town staff, THR installed acrylic mechanical equipment
screening on the roof, which is not permitted by the Zoning Ordinance.
Leigh Anne Neese, Senior Project Manager with THR, continued the presentation to
Council. THR believes the current screening meets Town standards; however, to address
Town staff's concerns, THR provided several alternatives for Council to consider. David
Perkins, an architect with Perkins Will, spoke on behalf of THR regarding the screening
requirements in the Zoning Ordinance, noting that he believes the existing screening
meets Town requirements. Mayor Pro-Tem Vogelsang suggested that mechanical
screening requirements be a subject for discussion at the Town Council's upcoming
Strategic Planning Session in January.
After discussion, Councilmember Miller made a motion and Councilmember Dugger
seconded the motion to approve an exception to the Texas Health Resources facade
exception request that the screening devices be painted to match the color of the cream
tilt wall of the existing facade. The motion was approved by a vote of 5-0.
Page 7 of 12
13. Discussion on Cyber Defense Labs. (HJ)
Mike Saylor of Cyber Defense Labs presented this item before the Town Council. Mr.
Saylor proposed a partnership with the Town of Prosper to create a Cyber Defense facility
and training program to provide forensic services to Prosper and the surrounding area.
Following the presentation, the Council provided direction to Town staff to collect more
information on the proposal. No further action was taken.
14. Consider and act upon approving Change Order Number 3 for Bid No. 2016-45-B,
Prosper Road Improvement Project 2016, to Pavecon Public Works, LP, related to
construction services for Fishtrap Road & First Street reconstruction; and
authorizing the Town Manager to execute Change Order Number 3. (SG)
Steve Glass, Deputy Director of Engineering Services, presented this item before the
Town Council. Change Order Number 3 to the contract with Pavecon Public Works, LP,
is a reconciliation change order to pay for the difference between bid quantities of road
construction materials and actual quantities installed.
Deputy Mayor Pro -Tern Dixon stepped away from the Council bench.
Council expressed concerns about the bridge being unlevel, and the drop-off adjacent to
Fishtrap Road. Frank Jaromin, Public Works Director responded that Town staff will install
warning signs for the bridge, and work to mitigate the drop-off after the first of the year.
After discussion, Councilmember Dugger made a motion and Mayor Pro-Tem Vogelsang
seconded the motion to approve Change Order Number 3 for Bid No. 2016-45-B Prosper
Road Improvement Project 2016, to Pavecon Public Works, LP, related to construction
services for Fishtrap Road & First Street reconstruction; and authorize the Town Manager
to execute Change Order Number 3. The motion was approved by a vote of 4-1, with
Deputy Mayor Dixon casting the opposing vote due to his absence from the Council bench.
15. Consider and act upon amending Ordinance No. 15-58 (FY 2015-2016 Budget). (KN)
Deputy Mayor Pro-Tem Dixon returned to his place at the Council bench.
Finance Director Kelly Neal presented this item before the Town Council. The proposed
budget amendment will finalize various department balances for the FY 2015-2016
Budget. Ms. Neal provided an overview of the proposed budget amendment.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Deputy Mayor Pro-Tem
seconded the motion to approve Ordinance No. 16-80 amending Ordinance No. 15-58
(FY 2015-2016 Budget) to fund increased expenditures, transfers in, and out in the Special
Revenue Funds, Water -Sewer Fund, General Fund, and CIP Fund. The motion was
approved by a vote of 5-0.
16. Consider and act upon amending Ordinance No. 16-55 (FY 2016-2017 Budget). (KN)
Finance Director Kelly Neal presented this item before the Town Council. The proposed
budget amendment will allocate funds for legislative services retained by Hillco Partners,
and also to roll forward the balances of selected purchase orders to the current fiscal year.
Page 8 of 12
After discussion, Councilmember Dugger made a motion and Mayor Pro-Tem Vogelsang
seconded the motion to approve Ordinance No. 16-81 amending Ordinance No. 16-55
(FY 2016-2017 Budget) to fund increased expenditures in the General Fund, VERF, and
Special Revenue Fund. The motion was approved by a vote of 5-0.
17. Consider and act upon an ordinance granting a non-exclusive electric franchise to
Denton County Electric Cooperative, Inc., d/b/a CoSery Electric. (KN)
Finance Director Kelly Neal presented this item before the Town Council. Town staff
initiated the proposed agreement in response to direction provided by the Town Council
at the 2016 Strategic Planning Session to review fees paid by utilities. The proposed
agreement is based on a model franchise agreement used by several neighboring
communities, and has been amended to address issues unique to the Town of Prosper.
CoSery Electric representatives have agreed to the modifications, which will increase the
existing franchise fee from 2% to 4% paid on gross revenues. Ms. Neal reviewed the
other terms of the agreement.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger seconded the
motion to approve Ordinance No. 16-82 granting a non-exclusive electric franchise to
Denton County Electric Cooperative, Inc., d/b/a CoSery Electric. The motion was
approved by a vote of 5-0.
18. Consider and act upon awarding Bid No. 2017-05-B BNSF Pressure Reducing Valve
Project 1508-WA, to North Texas Contracting, Inc., related to construction services
to install a Pressure Reducing Valve for the Prosper Trail Pressure Reducing Valve
Project; and authorizing the Town Manager to execute a construction agreement for
same. (SG)
Steve Glass, Deputy Director of Engineering Services, presented this item before the
Town Council. The need for a pressure reducing valve (PRV) to serve the lower water
pressure plane was identified on the 2016 Capital Improvement Plan. The PRV will be
located at the southwest corner of the intersection of West Prosper Trail and Coleman
Street, adjacent to the BNSF Railroad right-of-way. The contract specifies a substantial
completion time of 90 calendar days. The bid includes furnishing all labor, equipment and
materials, and performing all work necessary for the construction and installation of a
pressure reducing valve vault, testing of improvements, and restoration of all disturbed
areas. Mr. Glass confirmed that the PRV is mostly underground, and should not have a
negative impact on residents.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the
motion to award Bid No. 2017-05-B BNSF Pressure Reducing Valve Project 1508-WA, to
North Texas Contracting, Inc., related to construction services to install a Pressure
Reducing Valve for the Prosper Trail Pressure Reducing Valve Project; and authorize the
Town Manager to execute a construction agreement for same. The motion was approved
by a vote of 5-0.
19. Consider and act upon awarding Bid No. 2017-07-B Prosper Road Improvement
Project 2017 - Miscellaneous Asphalt Repair, to SPI Asphalt, LLC, related to
construction services to make asphalt pavement repairs; and authorizing the Town
Manager to execute a construction agreement for same. (SG)
Page 9 of 12
Steve Glass, Deputy Director of Engineering Services, presented this item before the
Town Council. The Town has experienced pavement failures on sections of Prosper Trail
east of Coit Road, Frontier Parkway near the west entrance of Frontier Park, and First
Street between Dallas North Tollway and BNSF Railroad. Since the magnitude of the
repairs were too great for staff to repair, specifications were created and the work was
competitively bid. Under the terms of the proposed contract, the contractor will reconstruct
the affected portions of Prosper Trail, Frontier Parkway, and First Street by removing the
existing asphalt full depth, compacting the sub grade, installing 3" of Type B Asphalt Base,
and finishing with 2" of Type D Asphalt. On Prosper Trail, SPI Asphalt, LLC, will include
one course Chip Seal to match the existing surface. Town Manager Harlan Jefferson and
Public Works Director frank Jaromin reviewed the history of previous repairs on Prosper
Trail. Mr. Glass confirmed that ultimately, Prosper Trail will need to be reconstructed.
After discussion, Deputy Mayor Pro -Tern Dixon made a motion and Councilmember
Dugger seconded the motion to award Bid No. 2017-07-B Prosper Road Improvement
Project 2017 - Miscellaneous Asphalt Repair, to SPI Asphalt, LLC, related to construction
services to make asphalt pavement repairs; and authorize the Town Manager to execute
a construction agreement for same. The motion was approved by a vote of 5-0.
20. Consider and act upon an amendment to the Capital Improvement Plan. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. The proposed amendment to the Capital Improvement
Plan (CIP) will accommodate the recent project changes to the First Street Road
Improvement project, as well as professional services and construction costs for the Town
Hall/Multi-Purpose Facility.
Mayor Pro -Tern Vogelsang made a motion and Deputy Mayor Pro -Tern Dixon seconded
the motion to approve an amendment to the Capital Improvement Plan. The motion was
approved by a vote of 5-0.
21. Consider and act upon authorizing the Town Manager to execute a Roadway Impact
Fees Reimbursement Agreement between Blue Star Development Corporation and
the Town of Prosper, Texas, related to the extension of thoroughfares to serve the
Star Trail development. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. Blue Star Development Corporation is currently developing
Star Trail, and in order for the development to occur, they will be required to extend several
thoroughfares as depicted on the Town of Prosper Thoroughfare Plan. The actual costs
for the design and construction of the improvements are eligible for reimbursement of
roadway fees collected from the development. The Roadway Impact Fees Reimbursement
Agreement outlines the obligations of the Town of Prosper and Blue Star Development
Corporation related to the design, construction, and reimbursement of collected roadway
impact fees to fund the projects.
Deputy Mayor Pro-Tem Dixon made a motion and Mayor Pro -Tern Vogelsang seconded
the motion to authorize the Town Manager to execute a Roadway Impact Fees
Reimbursement Agreement between Blue Star Development Corporation and the Town
of Prosper, Texas, related to the extension of thoroughfares to serve the Star Trail
development. The motion was approved by a vote of 5-0.
Page 10 of 12
22. Consider and act upon authorizing the Town Manager to execute a Sanitary Sewer
Construction Costs Reimbursement Agreement between Blue Star Development
Corporation and the Town of Prosper, Texas, related to the extension of a sanitary
sewer line to serve the Star Trail development. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. Blue Star Development Corporation is currently developing
Star Trail, and in order for a portion of the development to occur, they will be required to
extend a sanitary sewer line as depicted on the Town of Prosper Wastewater System
Capital Improvement Plan. The portion of sanitary sewer line proposed to be constructed
is also a part of the Town's CIP Project No. 1607-WW (Public Works Interceptor). The
actual costs for the design and construction of the improvements are eligible for
reimbursement of wastewater impact fees collected from the development. However,
since the development already has an existing Wastewater Impact Fees Reimbursement
Agreement, and the portion of the sanitary sewer line to be constructed is part of the Public
Works Interceptor project, the purpose of the Sanitary Sewer Construction Costs
Reimbursement Agreement is to outline the obligations of the Town of Prosper and Blue
Star Development Corporation, related to the design, construction, and reimbursement by
the Town through existing funds once the project is completed and accepted.
Deputy Mayor Pro -Tern Dixon made a motion and Councilmember Dugger seconded the
motion to authorize the Town Manager to execute a Sanitary Sewer Construction Costs
Reimbursement Agreement between Blue Star Development Corporation and the Town
of Prosper, Texas, related to the extension of a sanitary sewer line to serve the Star Trail
development. The motion was approved by a vote of 5-0.
Mayor Smith moved to Item 25 at this time.
25. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Y Discussion on Frontier Park North
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. He provided a history of the project, and reviewed
the current budget. The bids received indicate that the project is over budget by
approximately $1.1 million. Town staff has recommended deductions for the project
to reduce the deficit to $386,000; however, with a 2% contingency, the total additional
funds needed to accommodate the project is approximately $536,000. Town staff
recommended using existing Park Dedication and Park Improvement funds to offset
the deficit and move forward with the project as planned. The GMP award for the
project is scheduled to be presented at the January 10, 2017, Town Council meeting.
23. 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:
23a. Section 551.087 — To discuss and consider economic development
incentives.
Page 11 of 12
23b. 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.
The Town Council recessed into Executive Session at 10:36 p.m.
24. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 11:16 p.m.
Councilmember Dugger made a motion and Mayor Pro -Tern Vogelsang seconded the
motion to authorize the Town Manager to execute a License Agreement with the Prosper
Historical Society. The motion was approved by a vote of 5-0.
Councilmember Dugger made a motion and Councilmember Miller seconded the motion
to authorize the Town Manager to execute an Economic Development Incentive
Agreement with Home Depot USA, Inc., and Northeast 423/380 Ltd. The motion was
approved by a vote of 5-0.
26. Adjourn.
The meeting was adjourned at 11:18 p.m. on Tuesday, December 13, 2016.
These minutes 101h day of January, 2017.
�•« APPROVED:
°w
* * �I ._ ,
Ray Smith, 'kayo
ATT TEXAS
Robyn le, own Secretary
W,
Page 12 of 12