12.13.2016 Town Council AgendaPage 1 of 4
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of recent and upcoming events.
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
• Special Meeting – November 29, 2016
4b. Receive the October Financial Report. (KN)
4c. Consider and act upon an ordinance 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 an ordinance 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 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 an ordinance 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)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, December 13, 2016
6:00 p.m.
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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)
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.
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)
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)
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)
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)
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). (D16-0072) (JW)
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)
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12. Consider and act upon a request for a Façade Exception for Texas Health Resources,
located on the northeast corner of US 380 and future Mahard Parkway. (MD16-0015) (JW)
13. Discussion on Cyber Defense Labs. (HJ)
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)
15. Consider and act upon amending Ordinance No. 15-58 (FY 2015-2016 Budget). (KN)
16. Consider and act upon amending Ordinance No. 16-55 (FY 2016-2017 Budget). (KN)
17. Consider and act upon an ordinance granting a non-exclusive electric franchise to Denton
County Electric Cooperative, Inc., d/b/a CoServ Electric. (KN)
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)
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)
20. Consider and act upon an amendment to the Capital Improvement Plan. (HW)
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)
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)
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.
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.
24. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
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25. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discussion on Frontier Park North
26. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall,
located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to
the general public at all times, and said Notice was posted by 5:00 p.m. on December 9, 2016, and remained
so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Carol Myers, Deputy Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-
1011 at least 48 hours prior to the meeting time.