11.14.23Welcome to the November 14, 2023,
Prosper Town Council Meeting
Call to Order/Roll Call
Invocation, Pledge of Allegiance, and Pledge to the
Texas Flag
Pledge to the Texas Flag
Honor the Texas flag; I pledge allegiance to thee,
Texas, one state under God, one and indivisible.
Announcements
Presentations
Agenda Item 1.
Proclamation recognizing November 18, 2023, as National Injury
Prevention Day. (MLS)
Agenda Item 2.
Proclamation recognizing December 9, 2023, as Salvation Army
Red Kettle Campaign Day. (MLS)
Agenda Item 3.
Proclamation recognizing November 13-17, 2023, as National GIS
Awareness Week. (MLS)
Agenda Item 4.
Recognize individuals and the Fire Department for Life Saving
efforts and awards. (SB)
Agenda Item 5.
Recognition of Charles Ewings for his dedicated service in the
Texas Air National Guard. (DFB)
Consent Agenda
Agenda Item 6.
Consider and act upon the minutes from the October 24, 2023,
Town Council Work Session meeting. (MLS)
Agenda Item 7.
Consider and act upon the minutes from the October 24, 2023,
Town Council Regular meeting. (MLS)
Agenda Item 8.
Receive the Quarterly Investment Report for September 30, 2023.
(CL)
Agenda Item 9.
Consider and act upon a resolution approving the Town of Prosper
and Prosper Economic Development Corporation (PEDC)
Investment Policy and Investment Strategy and approving the list
of qualified brokers/dealers and financial institutions that are
authorized to engage in investment transactions with the Town of
Prosper and the PEDC. (RBS)
Agenda Item 10.
Consider authorizing the Town Manager to execute a six-month
renewal of the Professional Services Agreement between Valley
View Consulting, L.L.C., and the Town of Prosper, Texas, related
to Investment Advisory services. (RBS)
Agenda Item 11.
Consider approval of adding Chapter 21, Capital Projects
Management Policy to the Town’s Administrative Regulations.
(RBS)
Consider addition of Chapter 21- Capital Project Management
Policy to Town’s Administrative Policies
•At this point of the Town’s growth, capital budgets are much larger and
often much more complex than the Town’s operating budgets.
•Multiple unique developer agreements often spanning ten or more years exist
•Future impact fee revenue is often committed for specific projects
•Special financing vehicles such as Tax Increment Reinvestment Zones (TIRZ) add to
the complexity
•The proposed policy is designed to increase awareness among all
departments and to provide the Finance Department a basic framework
for budgeting, accounting, financial reporting and managing these
projects.
•The policy also provides for specific involvement of the Council CIP Sub-
committee in the prioritization and management of these projects.
Agenda Item 12.
Consider and act upon a resolution casting its votes for the Collin
County Central Appraisal District (CCAD) Board of Directors. (MLS)
Agenda Item 13.
Consider and act upon a resolution casting its votes for the
Denton County Central Appraisal District (DCAD) Board of
Directors. (MLS)
Agenda Item 14.
Consider and act upon approving the expenditure for annual
software assurance of the Town’s computer aided dispatch and
record management systems for Public Safety, from Integrated
Computer Systems, Inc., a sole source provider. (LJ)
Agenda Item 15.
Consider and act upon approval of various annual maintenance,
repair, and operational purchases for the Information Technology
Department during FY 2024. (LJ)
Agenda Item 16.
Consider and act upon approving the purchase of Brine Master
BM 3000 and ICE Master T-Series truck mounted applicator, from
C&H Outdoor, LLC, through the Sourcewell Purchasing
Cooperative; and authorizing the Town Manager to execute
documents for the same. (FJ)
Agenda Item 17.
Consider and act upon approval of a portion of the FY24 vehicle
and VERF equipment purchases utilizing cooperative purchasing
contracts and approving the Town Manager to execute documents
for same. (CL)
Agenda Item 18.
Consider and act upon approving a Services Agreement with
Strategies 360 Texas, LLC, for Strategic Advocacy Services, and
authorize the Town Manager to execute the same. (RB)
Agenda Item 19.
Consider and act upon approving an amendment to the
agreement with Bureau Veritas for Annual Fire Safety Inspections;
and authorize the Town Manager to execute the same. (SB)
Agenda Item 20.
Consider and act upon authorizing the Town Manager to execute
a Professional Service Agreement between Front Line Mobile
Health, PLLC, and the Town of Prosper Fire Rescue related to
annual medical evaluations. (SB)
Agenda Item 21.
Consider and act upon approving an agreement with Medical
Center of Plano for Medical Control and Continuing Education
Services; and authorize the Town Manager to execute the same.
(SB)
Agenda Item 22.
Consider and act upon authorizing the Town Manager to execute
a Service Agreement between Cut with Craft and the Town of
Prosper related to landscape maintenance for fire stations. (SB)
Agenda Item 23.
Consider and act upon authorizing the Town Manager to execute
an Escrow Agreement between Prosper Independent School
District (PISD), and the Town of Prosper, Texas, related to the
design and construction of improvements on Teel Parkway and at
the intersection of First Street and Artesia Boulevard adjacent to
the Richland High School property. (HW)
Agenda Item 24.
Consider and act upon authorizing the Town Manager to execute
a Water Impact Fee Agreement between DNT Frontier, LP, and
the Town of Prosper, Texas, related to the construction of a water
line to serve the DNT Frontier Retail Center development. (HW)
Agenda Item 25.
Consider and act upon authorizing the Town Manager to execute
a Professional Engineering Services Agreement between Stantec
Consulting Services, Inc., and the Town of Prosper, Texas, related
to the design of traffic signals on First Street at Artesia Boulevard
and on Teel Parkway at Prairie Drive. (HW)
Agenda Item 26.
Conduct a public hearing and consider and act upon a request for
an extension of a Specific Use Permit (SUP) for a Concrete
Batching Plant on 5.0± acres, located south of West First Street
and west of South Dallas Parkway. The property is zoned Planned
Development-19 (PD-19) Lattimore Batch Plan North and Specific
Use Permit-6 (S-6) Nelson Bros Concrete Batch Plant. (S20-0002)
(DH)
Agenda Item 27.
Consider and act upon whether to direct staff to submit a written
notice of appeals 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 Plans. (DH)
Citizen Comments
Regular Agenda
Pursuant to Section 551.007 of the Texas Government Code,
individuals wishing to address the Council for items listed as public
hearings will be recognized when the public hearing is opened.
Agenda Item 28.
Conduct a public hearing and consider and act upon a request for
a Planned Development for an Office/Retail Building on 0.4±
acres, for Bryant’s First Addition, Block 11 , Lots 1, 11 and 12,
located on the northeast corner of South Coleman Street and East
Third Street. The property is zoned Single Family-15. (ZONE-23-
0027) (DH)
Applicant’s Proposal
•Purpose of Request
1.Comply with Town Council’s desire to have commercial rezonings in the Downtown
be in Planned Developments.
2.Base zoning of Downtown Retail (DTR) to construct new commercial building with
office and retail uses.
Permitted Uses
•Allowed Uses in the Proposed Planned Development
1.Administrative/Medical and Professional Office
2.Antique Shop and Used Furniture
3.Artisan’s Workshop
4.Beauty Salon/Barber Shop
5.Business Service
6.Insurance Office
7.Museum/Art Gallery
8.Retail Stores and Shops*
9.Retail/Service Incidental Use
Retail Stores and Shops Use
•Does Not Include the Following:
1.Credit Access Businesses (As defined in Texas Finance Code § 393.601)
2.Body Art Facilities
3.Smoke or Vape Shops
4.Businesses selling Drug Paraphernalia
5.Businesses offering Gaming or Slot Machines
6.Sex Shops
7.Pawn Shops
8.Businesses primarily utilizing Outdoor Storage or Displays
9.Package Liquor Stores
Landscaping
•Landscaping Requirements in the Proposed Planned Development
1.5’ landscape buffer all around the property.
2.No uniform landscaping requirements for the Downtown as a whole; however, the
requirements are more based on breakout districts (DTC, DTO, DTR, etc.).
Architectural Standards
•Architectural Standards in the Proposed Planned Development
1.Approved façade plan before issuance of building permit.
2.Clay fired brick as the primary building material.
3.Complimentary materials (metal flashing, wood trim, or fabric) for the awnings and
canopies.
•Vinyl not permitted.
4.Color choice for primary façade and other architectural elements compatible with
existing downtown area.
Agenda Item 29.
Conduct a public hearing and consider and act upon a request for
a Planned Development for an Office Building on 0.5± acres, for
Bryant’s First Addition, Block 22, Lots 7-9, located on the
northwest corner of South Parvin Street and East Second Street.
The property is zoned Single Family-15. (ZONE-23-0028) (DH)
Applicant’s Proposal
•Purpose of Request
1.Comply with Town Council’s desire to have commercial rezonings in the Downtown
be in Planned Developments.
2.Base zoning of Downtown Office (DTO) to turn an existing residential building into
a commercial office building.
Permitted Uses
•Allowed Uses in the Proposed Planned Development
1.Administrative/Medical and Professional Office
2.Business Service
3.Insurance Office
Landscaping
•Landscaping Requirements in the Proposed Planned Development
1.5’ landscape buffer all around the property.
2.No uniform landscaping requirements for the Downtown as a whole; however, the
requirements are more based on breakout districts (DTC, DTO, DTR, etc.).
•Per the Zoning Ordinance: “In the DTO district, regardless of the adjacent use,
zoning or future land use designation; the width of the perimeter landscape
area adjacent to the property line may be reduced to a minimum of five feet.”
Architectural Standards
•Architectural Standards in the Proposed Planned Development
1.Approved façade plan before issuance of building permit.
2.Incorporation of covered porches into the front façade.
3.Multiplicity of roof forms.
4.High pitch roof lines.
*Recommended Styles: Craftsman, Folk Traditional, and Victorian*
Agenda Item 30.
Conduct a public hearing to consider and act upon amending
Chapter 2, Section 13 – Multifamily District; Chapter 4, Section 4.3
– Non-residential and multifamily parking provisions; and Chapter
4, Section 8 – Non-Residential & Multifamily Design and
Development of the Town of Prosper Zoning Ordinance to modify
Multifamily development standards. (ZONE-23-0024) (DH)
Multi-Family – Proposed Amendments
1.Limits Multifamily developments to the areas designated for this use in the
Comprehensive Plan and as identified on the Future Land Use Plan.
2.Requires that Multifamily development can only be approved within a
Planned Development.
3.Establishes a minimum density of 40 units per acre.
4. Removes setbacks and lot area requirements, as these can be determined
on a case-by-case basis within the Planned Development standards.
Multi-Family – Proposed Amendments
5.Requires compliance with the Dallas North Tollway Design Guidelines.
6.Increases the maximum height allowance from three stories and 50 feet to
eight stories and 110 feet.
7. Establishes a building configuration for Multifamily structures, requiring a
wrap-around configuration with a central garage surrounded by the
residential units.
Multi-Family – Proposed Amendments
8.Creates a mixed-use opportunity by allowing the first floor of the building
to be used for residential or retail uses. A minimum fourteen feet ceiling
height for the first floor will accommodate retail uses.
9.Limits the height of the interior garage so that it will not exceed the height
of the exterior building, and all associated appurtenances, such as an
elevator shaft or mechanical equipment, shall be completely screened.
10. Modifies parking stall dimensions for structured parking garages from
18 feet by 8.5 feet to 20 feet by 9 feet.
Multi-Family – Proposed Amendments
11. Modifies Multifamily parking standards to reflect the updated parking
garage requirement from individual unit parking garages.
12.Removes Multifamily design and development standards. These criteria
will be addressed in Planned Development standards.
These standards will apply to all future and currently entitled multi-family
developments.
Agenda Item 31.
Conduct a public hearing to consider and act upon amending
Chapter 4, Section 5.2 – Location of Required Screening, of the
Town of Prosper Zoning Ordinance to modify the screening
requirements for trash and recycling collection areas. (ZONE-23-
0025) (DH)
Dumpster Screening
•Amendment Language
1.Trash and recycling collection areas shall not be located between a building and
street unless approved by the Director of Development Services, or his/her
designee.
2.Collection areas enclosures shall contain permanent walls on three sides with the
service opening not directly facing any public right-of-way or any residentially
zoned property, unless setback a minimum of 250 feet from the right-of-way or
residentially zoned property. The fourth side will incorporate a metal gate of a
height equal to the height of the wall to visually screen the dumpster or
compactor. The metal gate shall be closed at all times unless the container(s) are
being serviced.
Dumpster Screening Continued
•Amendment Language
1.Trash and recycling receptacles shall be screened with a six foot clay fired brick or
stone wall of sufficient height to entirely screen the container(s) and of a color that
is consistent with the color of the primary building.
2.Trash compactors shall be screened with an eight foot a clay fired brick or stone
wall of sufficient height to entirely screen the container(s) and of a color that is
consistent with the color of the primary building.
Dumpster Screening Continued
•Amendment Language
1.A row of Nellie R. Stevens Holly, or other evergreen species as approved by the
Director of Development Services, or his/her designee, that is a minimum four feet
(4’) in height at the time of planting and has a mature height of a minimum six feet
(6’), shall be planted in a minimum five-foot (5’) wide landscaped area that borders
the three permanent walls of the enclosure. If this required landscape area is
located on the perimeter of the property, the perimeter landscape area may be
used towards this requirement and will not need to be widened, provided that it is a
minimum five feet (5’) in width and can accommodate the required plantings.
Dumpster Screening Continued
•Amendment Language
1.The path used from the business door to the collection area enclosure shall remain
clear of debris and food residue at all times.
Recommendations from P&Z Commission
Additional Conditions
1.All dumpster enclosures must be 8’.
2.All gates for dumpster enclosures must be the same height as the walls.
3.All dumpster enclosures must have additional landscape screening and irrigation.
Agenda Item 32.
Conduct a public hearing to consider and act upon amending
Chapter 3, Section 1.4, Subpart 38 – Automobile Sales/Leasing,
Used, of the Town of Prosper Zoning Ordinance to provide
additional criteria for this use. (ZONE-23-0026) (DH)
Automotive Sales
•Amendment Language
1.Used vehicle sales are only permitted as an accessory use to new vehicle sales.
(Prohibition includes car rental agencies.)
Agenda Item 33.
Consider and act upon a resolution of the Town Council of the Town of Prosper,
Texas, declaring the public necessity to acquire certain properties for right-of-way,
and temporary construction easements for the construction of the First Street (DNT
- Coleman) project; determining the public use and necessity for such acquisition;
authorizing the acquisition of property rights necessary for said Project; appointing
an appraiser and negotiator as necessary; authorizing the Town Manager to
establish just compensation for the property rights to be acquired; authorizing the
Town Manager to take all steps necessary to acquire the needed property rights in
compliance with all applicable laws and resolutions; and authorizing the Town
Attorney to institute condemnation proceedings to acquire the property if purchase
negotiations are not successful. (HW)
Agenda Item 34.
Discuss development strategies for Economic Development. (MM)
Agenda Item 35.
Discuss and consider Town Council Subcommittee reports. (DFB)
Possibly direct Town Staff to schedule topic(s) for
discussion at a future meeting.
Executive Session
Section 551.087 – To discuss and consider economic development incentives and
all matters incident and related thereto.
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 will reconvene after Executive
Session.
Reconvene into Regular Session and take any
action necessary as a result of the Closed Session.
Adjourn