11.23.2021 Town Council MinutesPISPER
OWN OF
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5:45 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Jeff Hodges
Councilmember Charles Cotten
Councilmember Amy Bartley
MINUTES
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, November 23, 2021
5:45 PM
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Robyn Battle, Executive Director of Community Services
Todd Rice, Communications Manager
Rebecca Zook, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Services Director
Travis Kvaal, Senior Backflow Inspector
Jeff Fauss, Senior Building Inspector
Leigh Johnson, IT Director
Betty Pamplin, Finance Director
Doug Kowalski, Police Chief
David Soto, Senior Planner
Evelyn Mendez, Planning Technician
Paul Naughton, Senior Park Planner
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
John Fowler, First Presbyterian Church led the invocation. The Pledge of Allegiance and the
Pledge to the Texas Flag were recited.
Announcements of recent and upcoming events.
Reminder that Town Hall Offices will be closed on Thursday, November 25 and Friday, November
26 for the Thanksgiving Holiday. Due to the holiday, residents whose trash service falls on
Thursday or Friday will be delayed by one day. The special bulk drop off location at Public Works
will also be closed on Saturday, November 27.
The Prosper Community Library will close at 5:00 p.m. on Wednesday, November 24 and be
closed on Thursday, November 25 thru Saturday, November 27 for the Thanksgiving Holiday.
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The Prosper Ladies Association is excited to sponsor their 8th annual Prosper Christmas Angel
Program. A Christmas Angel Tree is located in the lobby of Town Hall. Please consider taking a
Wish Tag from the tree and scan the QR code to help a Prosper ISD child or a senior citizen have
a Merry Christmas. Gift drop-off dates are December 6-8. More information is available at
www.prosperchristmasangels.com
The Prosper annual Christmas Festival will take place on Saturday, December 4 at Prosper Town
Hall from 3:00 to 7:00 p.m. Come experience the magic of Santa Claus in his Workshop, the Kids
Christmas Shoppe, dazzling exhibits, Kids Fun Zone, Community Stage performances, carriage
rides, live demonstrations, and food truck vendors. Don't miss the Town's Community Tree
Lighting at 7:00 p.m. followed by fireworks. For more information visit ProsperChristmas.org.
Also, don't miss out on the Prosper Rotary Club Christmas Parade at 2:30 p.m. The parade of
festive floats and entries will wind down Broadway Street to the event grounds. For parade details,
contact ProsperRotary@ProsperRotary.org. Entry forms are available online through the Town's
website.
The Prosper annual Light the Night Decorating Contest sponsored by CoSery is back. Residents
and businesses may now sign up to participate through December 12 to showcase their holiday
lights and decorations. Top entries will earn bragging rights, a yard sign, and a cash prize. Visit
ProsperChristmas.org to register and for more information including contest categories.
Presentations.
1. Communication and Community Engagement Update. (RB)
Ms. Battle presented an update which included an overview of the communications
staff, new programs and program enhancements such as the Resident Update, the
Prosper Works Video Series, Chatbot updates, the re -launch of the Town's mobile
App, as well as current and upcoming activities. She noted highlights from the
Community Engagement Committee, the Strategic Planning Dashboard, and what's
coming soon in 2022.
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.
2. Consider and act upon the minutes from the November 9, 2021, Town Council
meeting. (MLS)
3. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Halff Associates, Inc., and the Town of Prosper,
Texas, related to the design of the US 380 Green Ribbon Landscaping and
Irrigation (Lovers — Mahard) project. (PN)
4. Consider and act upon authorizing the Town Manager to execute a Pipeline
License Agreement between BNSF Railway Company, and the Town of Prosper,
Texas, related to the construction of drainage improvements at the BNSF
Railroad for the downtown apartment and townhome projects along McKinley
Street. (HW)
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5. Consider and act upon Ordinance 2021-67 repealing existing Article 3.16, "Pools
and Spas" of Chapter 3 titled "Building Regulations" of the Code of Ordinances
and replacing it with a new Article 3.16 "Swimming Pool and Spa Code" and
adopting the 2021 Edition of the International Swimming Pool and Spa Code as
set forth. (BC)
6. Consider and act upon Ordinance 2021-68 amending Chapter 6, "Health and
Sanitation" of the Code of Ordinances by adding a new Article 6.06, "Irrigation
Systems." (BC)
7. Consider and act upon Resolution 2021-69 casting the Town of Prosper's 35
votes for the Collin County Central Appraisal District Board of Directors (CCAD).
(MLS)
8. 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, including Central Fire Station and LIV
Townhome-Style Multifamily. (AG)
Councilmember Ray made a motion to approve consent agenda items 2 thru 8.
Councilmember Hodges seconded that motion, and the motion was unanimously approved.
CITIZEN COMMENTS:
No comments were made
Items for Individual Consideration:
9. Conduct a public hearing and consider and act upon a request for a Specific Use
Permit (SUP) for an Incidental Outside Merchandise Display at an existing
Convenience Store with Gas Pumps (7-Eleven), on 1.4± acres, in the Victory at
Frontier development, located on the southwest corner of Preston Road and
Frontier Parkway. (S21-0003). (AG)
Mr. Soto stated the purpose of this request is to allow for an Incidental Outside
Merchandise Display specifically for ice containers. The applicant is proposing to clad
the exterior of the containers with a material that matches the exterior building material
color of the building. The proposed cladding is a decorative vinyl covering that will be
adhered to the container that will match the building materials. The Planning and
Zoning (P&Z) Commission recommended approval with a 6-1 vote, subject to a
maximum of two (2) ice machines being permitted outside the subject property, in
addition to a limitation of signage area being only on the doors of the container. Staff
recommends approval as outlined by the Planning and Zoning Commission.
The Town Council asked about the durability of the vinyl covering and withstanding
heavy storms including hail.
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Matt Moore, 301 S. Coleman, representing the applicant stated the vinyl wrapping is
commercial grade and will be replaced as necessary. The applicant will be wrapping
all but the doors as requested by the P&Z Commission.
Mayor Smith opened the public hearing.
No comments were made.
Mayor Smith closed the public hearing.
Councilmember Hodges made a motion to approve the request for a Special Use
Permit (SUP) for an Incidental Outside Merchandise Display at an existing
Convenience Store with Gas Pumps (7-Eleven), on 1.4± acres, in the Victory at Frontier
development, subject to a maximum of two (2) ice machines being permitted outside
on the subject property, in addition to a limitation of signage area on the ice machine
to the doors of the machine only. Deputy Mayor Pro-Tem Andres seconded that motion
and the motion was unanimously approved.
10. Conduct a public hearing and consider and act upon a request for a Specific Use
Permit (SUP) for a Drive -Through Restaurant with Drive -Through Service, on 1.2±
acres, in the Victory at Frontier development, located on the west side of Preston
Road, south of Frontier Parkway. The property is zoned Planned Development-
10 (PD-10). (S21-0004). (AG)
Mr. Soto stated the purpose of this request is to allow for a drive -through restaurant
use within a multi -tenant building. The site meets all requirements set forth by the
Town and has worked with the applicant on the Site Plan elevations. The Planning and
Zoning Commission recommended approve by a 6-1 vote, subject to the approval of
a Development Agreement, including, but not limited to, right-of-way and/or easement
dedication, and architectural building materials. Staff recommends approval as
outlined by the Planning and Zoning Commission.
The Town Council expressed concerns of the flow of traffic and the car stacking lane
for the Drive -Through.
Bobby Mendoza, 8201 Preston Road, applicant, stated the Drive -Through as
presented allows up to 8 cars including up to the pickup window, which is more than
the required 5 car requirement by the Town. He indicated that the building will be multi -
tenant for restaurant use and plans on using the same materials to match existing
buildings. Therefore, is not opposed to the development agreement.
Mayor Smith opened the public hearing.
No comments were made.
Mayor Smith closed the public hearing.
Mayor Pro-Tem Miller made a motion to approve the request for a Specific Use Permit
(SUP) for a Drive -Through Restaurant with Drive -Through Service, on 1.2± acres, in
the Victory at Frontier development, subject to approval of a Development Agreement,
including, but not limited to, right-of-way and/or easement dedication, and architectural
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building materials. Councilmember Ray seconded that motion and the motion was
unanimously approved.
11. Conduct a public hearing and consider and act upon a request to rezone 9.1±
acres from Office (0) to Planned Development -Office (PD-O), to allow for a
Veterinarian Clinic and/or Kennel, Indoor as a permitted use, located on the
north side of Fishtrap Road, west of Legacy Drive. (Z21-0011). (AG)
Mr. Soto stated this request would allow a veterinarian and/or indoor kennel to occupy
space within the existing development, which is a permitted use by right. The proposed
facility will be strictly indoors and have no outside dog runs or pens. The Planning and
Zoning Commission unanimously recommended approval. Staff recommends
approval.
Matt Moore, 301 S. Coleman, representing the applicant reiterated that this clinic will
be for indoor uses only and have adequate buffering.
Mayor Smith opened the public hearing.
No comments were made.
Mayor Smith closed the public hearing.
Deputy Mayor Pro-Tem Andres made a motion to approve the request to rezone 9.1±
acres from Office (0) to Planned Development -Office (PD-O), to allow for a
Veterinarian Clinic and/or Kennel, Indoor as a permitted use, located on the north side
of Fishtrap Road, west of Legacy Drive. Councilmember Hodges seconded that
motion, and the motion was unanimously approved.
12. Consider the adoption of Resolution 2021-70 calling the Town of Prosper, Texas
General Obligation Bonds, Series 2012 for redemption prior to maturity and
approving all matters incidental thereto. (BP)
Mayor Smith stated agenda items 12, 13 and 14 are being opened concurrently.
Mr. Jefferson stated the purpose of refunding would reduce interest costs by
refinancing outstanding debt. The Town Council was presented with three options for
consideration.
The Town Council discussed the three options and the pros and cons of each.
Councilmember Cotten made a motion to approve Resolution 2021-70 calling the Town
of Prosper, Texas General Obligation Bonds, Series 2012 for redemption prior to
maturity and approving all matters incidental thereto. Councilmember Bartley seconded
that motion. The motion passed with a 6-1 vote. Mayor Pro-Tem Miller opposed.
13. Consider the adoption of Resolution 2021-71 calling the Town of Prosper, Texas
Combination Tax and Revenue Certificates of Obligation, Series 2012 for
redemption prior to maturity and approving all matters incidental thereto. (BP)
Councilmember Cotten made a motion to approve Resolution 2021-71 calling the Town
of Prosper, Texas General Obligation Bonds, Series 2012 for redemption prior to
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maturity and approving all matters incidental thereto. Councilmember Bartley seconded
that motion. The motion passes with a 6-1 vote. Mayor Pro-Tem Miller opposed.
Councilmember Cotten made a motion to direct staff to make a budget amendment to
increase expenditures in the General Fund by $531,449 to pay off the Stormwater debt.
Councilmember Hodges seconded that motion. The motion passed with a 6-1 vote.
Mayor Pro-Tem Miller opposed.
14. Consider all matters incidental and related to the issuance and sale of the Town
of Prosper, Texas General Obligation Refunding Bonds, Series 2021, including
the adoption of an ordinance authorizing the issuance of the bonds, establishing
parameters for the sale and issuance of such bonds, and delegating certain
matters to the Town Manager to act on its behalf in selling the bonds. (BP)
No action was taken on this item.
15. Receive an update on the Town logo and rebranding project. (RB)
Ms. Battle stated the Town Council was presented with four options at their
September 28 meeting asking staff to pursue option 2, which was to create a Town
variation of the EDC and Library logo, and to provide a more detailed plan for phasing
in the rebranding of all Town assets. Town staff believes that engaging public input
from residents either through a committee or a public input process, would provide
Council with feedback and create buy -in from residents. Options were presented on
how to receive public input. Staff is continuing to investigate cost savings to rebrand
but reduced the initial estimate. Staff is seeking feedback and direction.
The Town Council discussed the new cost estimate and recommended taking the
rebranding options to the Community Engagement Committee (CEC) to receive their
input and feedback with staff reporting back to Council with the CEC's input.
16. Receive an update on the 2021 Texas Legislative Session and the Town of
Prosper's legislative strategy. (RIB)
Ms. Battle stated over the course of the last year, Town staff and the Town's legislative
delegation worked with legislators in Austin to convey the Town's position on issues
that were identified. Three special sessions were also called by the Governor. Town
staff has implemented, or is working to implement, policy and operational changes in
order to comply with legislation passed during the 2021 legislative sessions. Town
staff will continue to develop the Town's legislative strategy in an effort to promote
legislation that will benefit the Town and oppose or provide recommendations for
beneficial changes to legislation that is not in the Town's best interests. Staff is
requesting feedback and direction and recommends the Town Council to discuss
further during their next Strategic Planning session.
The Town Council discussed topics from the Legislative Session and encouraged staff
and themselves to meet with County Commissioners, as well as current local, state,
and federal representatives when possible.
Possibly direct Town staff to schedule topic(s)) for discussion at a future
meeting.
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17. Discussion regarding public comments during Council meetings. (RB)
Ms. Battle stated the Town currently has an ordinance regarding its Rules of Order.
Within this ordinance, it specifies how a public member may request to speak at a public
hearing and during Citizen's comments. In addition, the public comment form is
currently available online and printed forms are available in the Council Chambers. Staff
is seeking feedback and/or direction regarding the time limits given and if a group of
citizens may give their time to one speaker.
The Town Council discussed allowing one speaker to represent a group of citizens with
same views up to fifteen minutes or a time set at the beginning of a meeting by the
Mayor. Citizens would have to be present or online in order to yield their time. The Town
Council also noted that if a citizen yielded their time, they could not come back to
address an item based on conversations that take place.
18. Discussion regarding the creation of a HOA Broadband Committee. (HJ)
Mr. Jefferson indicated that the idea behind creating this committee would be to have
each subdivision appoint a person that would meet on average of once a month or
however many times set by the committee, and to build relationships with the
broadband carriers in order to address and have public and/or private partnerships
regarding bringing fiber networks to areas within the Town. The Town's Broadband
Committee could provide direction to this committee.
Town Council supported the idea. Staff will look to bring the item back to create the
committee in January.
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:
Section 551.087 — To discuss and consider economic development incentives.
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.
Section 551.074 — To discuss and consider personnel matters and all matters incident
and related thereto.
The Town Council recessed into Executive Session at 7:20 p.m
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 8:06 p.m.
Mayor Pro -Tern Miller made a motion to authorize the Mayor to execute a License Agreement
with Prosper Rotary Foundation for the location and construction of a Veteran's Memorial in
Frontier Park and take all necessary actions and incidents related thereto. Councilmember Cotten
seconded that motion, and the motion was unanimously approved.
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Adiourn.
The meeting was adjourned at 8:07 p.m.
These minutes approved on the 14th day of December 2021.
ATTEST:
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Michelle Lewis Sirianni,
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Town Secretary
APPROVED:
Ray Smi h, Mayor
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