09.10.2019 Town Council Minutesi
TOWN OF
SPE
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 Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
200 S. Main Street, Prosper, Texas
Tuesday, September 10, 2019
Robyn Battle, Town Secretary/Public Information Officer
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
Kala Smith, Human Resources Director
Leigh Johnson, IT Director
Dudley Raymond, Parks and Recreation Director
Leslie Scott, Director of Library Services
Hulon Webb, Engineering Services Director
Pete Anaya, Assistant Director of Engineering Services — Capital Projects
Aubrey Smith, Water and Sewer Superintendent
John Webb, Development Services Director
Alex Glushko, Planning Manager
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Police Chaplain Isaac Varela led the invocation. The Pledge of Allegiance and the Pledge to the
Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Ray read the following announcements:
The Prosper Fire Department will host its annual 9/11 Remembrance Ceremony at Town Hall
tomorrow morning at 7:30 a.m. Following the ceremony, a blood drive will take place at Town
Hall from 9:00 a.m.-3:00 p.m., sponsored by the Town, the Prosper Chamber of Commerce, and
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Carter Blood Care. A second blood drive will take place on Saturday, September 14, from 9:00
a.m.-3:00 p.m. at the Prosper Walmart. Residents are encouraged attend the 9/11 Ceremony
tomorrow morning, and to donate blood in honor of the many lives lost in the September 11cn
tragedy.
The Town's Water Conservation Division will offer a free class on Texas Trees, with information
on tree selection and proper planting practices on September 23. More information and online
registration is available on the Town website.
The Town will host an informational Meet & Greet with the North Texas Tollway Authority (NTTA),
regarding the expansion of the Dallas North Tollway on Thursday, September 26, from 6:00-7:00
p.m. in Council Chambers. Town staff and NTTA will present information on the project, and will
be available to answer questions. The public is invited to attend.
On Tuesday, October 1, residents are encouraged to participate in National Night Out by spending
the evening outside visiting with neighbors and Prosper's public safety personnel. This annual
event was created to heighten awareness, and strengthen participation in local anti -crime efforts.
Contact Officer Erin Hubbard for more information or to schedule a block party.
Presentations.
1. Presentation of a Proclamation to members of the Preston Ridge Chapter of the
Daughters of the American Revolution declaring September 17-23, 2019, as
Constitution Week. (RB)
Mayor Smith presented the Proclamation to Beth Buck of the Preston Ridge Chapter
of the Daughters of the American Revolution.
AGENDA BRIEFING:
Questions About Items Listed on the Regular Meeting Agenda.
This item was not discussed.
Discussion Items.
2. Discussion on Revised Empowerment Zones and Architectural Standards for
the Downtown Commercial and Residential Areas. (JW)
This item was tabled to the September 24, 2019, Town Council meeting.
3. Discussion on the Town Hall Lobby Art project. (RB)
Town Secretary/PIO Robyn Battle presented this item before the Town Council. The
Town's Art Committee has made a recommendation to purchase three art pieces for
the Town Hall Lobby from a local artist, Corbin Ringley. Corbin presented conceptual
renderings of the proposed projects. The Town Council provided feedback on the
renderings. Mr. Ringley will provide a formal proposal with a cost estimate and timeline
once the final conceptual renderings are approved. No further action was taken.
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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.
4. Consider and act upon the minutes from the August 27, 2019, Town Council
meeting. (RB)
5. Consider and act upon Resolution No. 19-58 designating The Prosper Press as
the official newspaper of the Town of Prosper, and The Dallas Morning News as
an alternative advertising source, for Fiscal Year 2019-2020. (RB)
6. Consider and act upon adopting the FY 2019-2020 Prosper Economic
Development Corporation budget. (RS)
7. Consider and act upon Ordinance No. 19-59 approving a tariff authorizing an
annual rate review (RRM) mechanism settlement between the Atmos Cities
Steering Committee and Atmos Energy Corporation regarding the Company's
2019 rates set by the settlement as a substitution for the annual interim rate
adjustment process defined by section 104.301 of the Texas Utilities Code. (KN)
8. Consider and act upon approving an Amendment to the Facility Management
Services Agreement between TDlndustries, Inc., and the Town of Prosper Texas,
through the National Cooperative Purchasing Alliance (NCPA); and authorizing
the Town Manager to execute the same. (CS)
9. Consider and act upon Ordinance No. 19-60 amending Chapter 13, "Utilities," of
the Town's Code of Ordinances by adopting a new Article 13.13, "Wastewater
Inflow Prevention Plan"; and adopting a Wastewater Inflow Prevention Plan. (FJ)
10. Consider and act upon authorizing the Town Manager to execute an Amendment
to the First Amended Interlocal Agreement by and between the Town of Prosper,
Texas and Collin County, Texas for the facility construction and use of an animal
shelter in Collin County. (JW)
11. Consider and act upon authorizing the Town Manager to execute Amendment
Thirteen to the Interlocal Agreement between Collin County and the Town of
Prosper, extending the agreement through FY 2019-2020, relating to Animal
Control Services. (JW)
12. Consider and act upon Ordinance No. 19-61 abandoning a portion of Fishtrap
Road prescriptive right-of-way, located north of the intersection of Fishtrap
Road and Gee Road, north of US 380. (AG)
13. Consider and act upon Ordinance 19-62 abandoning portions of Good Hope
Road prescriptive right-of-way, located north of US 380 and south of a point 150
feet north of Mill Branch Drive. (AG)
14. Consider and act upon Ordinance No. 19-63 abandoning a portion of S. Coleman
Street right-of-way, located south of First Street, north of Preston Road. (AG)
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15. 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 Miller made a motion and Councilmember Hodges seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a
vote of 7-0.
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.
Jakob Lee Smith, 130 Fallbrook Drive, Murphy, spoke regarding a housing grant program for
individuals who work in Prosper.
REGULAR AGENDA:
If you wish to address the Town Council, please fill out a "Public Meeting Appearance
Card" and present it to the Town Secretary, preferably before the meeting
begins. 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. For individuals wishing to speak on a non-public hearing item,
they may either address the Council during the Citizen Comments portion of the meeting
or when the item is considered by the Town Council.
Items for Individual Consideration:
16. Conduct a Public Hearing, and consider and act upon an ordinance to amend
Planned Development-33 (PD-33), on 127.9± acres, located on the southwest
corner of Prosper Trail and Cook Lane, to allow for the expansion of a House of
Worship (Prestonwood Baptist Church), including a Private School and
Gymnasium. (Z19-0012). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. In
October 2006, the Town Council approved Planned Development-33 (PD-33) for the
Prestonwood Baptist Church North Campus. With this amendment, Prestonwood is
proposing to update the proposed conceptual site plan and conceptual elevations to
reflect the existing development, as well as to allow for the expansion of the existing
building. The proposed building expansion is for a total of 37,441 square feet, two
stories in height, and includes classrooms and a gymnasium. The applicant spoke in
favor of the request and offered to answer any questions.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Mr. Glushko confirmed that the temporary building on the property is not associated
with this zoning request.
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After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember
Andres seconded the motion to approve Ordinance No 19-64 to amend Planned
Development-33 (PD-33), on 127.9t acres, located on the southwest corner of
Prosper Trail and Cook Lane, to allow for the expansion of a House of Worship
(Prestonwood Baptist Church), including a Private School and Gymnasium. The
motion was approved by a vote of 7-0.
17. Consider and act upon an ordinance adopting the Fiscal Year 2019-2020 Annual
Budget for the fiscal year beginning October 1, 2019, and ending September 30,
2020. (KN)
Finance Director Kelly Neal presented this item before the Town Council. Approval of
this item will appropriate funds for the FY 2019-2020 Budget. The FY 2019-2020
Proposed Budget was submitted to the Town Council on August 13, 2019. Prior to
tonight's meeting, the Town published required notices, held public hearings that
included staff presentations about the budget, and 2019 tax rate, and gave interested
taxpayers the opportunity to be heard by the Town Council.
The FY 2019-2020 Proposed Budget raises more in property tax revenues than in the
previous year. The Proposed FY 2019-2020 budget is composed of discretionary and
non -discretionary supplemental requests. Ms. Neal reviewed some of the more
prominent requests from the General Fund and Water/Sewer Fund, and reviewed
changes to the budget since the proposed budget was submitted on August 13, 2019.
The Council discussed the cost estimate for employee health benefits. Ms. Neal
reviewed the cost projections Town staff and the benefits consultant estimated based
on claims history and projected costs, and cost -saving measures the Town has
implemented. The Council Benefits Subcommittee previously reviewed the estimate
as well. Upon a suggestion from Town Manager Harlan Jefferson, the Council
requested Town staff schedule the Town's employee benefits consultant to provide
additional information at the September 24, 2019, Town Council meeting.
The Council discussed additional discretionary requests from the budget, including the
CCTV camera truck, the Frontier Park storage sheds, and Code Compliance staffing
levels. Ms. Neal responded to questions about the request for a brush truck from the
Fire Department, which had been cut from the proposed budget, noting that the funds
from the General Fund would be required to fully fund the truck.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember
Miller seconded the motion to to approve Ordinance No. 19-65 adopting the Fiscal
Year 2019-2020 Annual Budget for the fiscal year beginning October 1, 2019, and
ending September 30, 2020, as proposed.
The motion was approved by a record vote of 7-0 as follows:
Councilmember Hodges - approved
Coundilmember Miller - approved
Councilmember Andres - approved
Deputy Mayor Pro-Tem Dixon - approved
Mayor Smith - approved
Mayor Pro-Tem Vogelsang - approved
Councilmember Ray - approved
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Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Ray seconded
the motion to ratify the property tax revenue increase as reflected in the Fiscal Year
2019-2020 Adopted Budget.
The motion was approved by a record vote of 7-0 as follows:
Councilmember Hodges - approved
Coundilmember Miller - approved
Councilmember Andres - approved
Deputy Mayor Pro-Tem Dixon - approved
Mayor Smith - approved
Mayor Pro-Tem Vogelsang - approved
Councilmember Ray - approved
18. Consider and act upon an ordinance adopting the Town of Prosper 2019
Property Tax Rate. (KN)
Finance Director Kelly Neal presented this item before the Town Council. This item is
to adopt the 2019 tax rate to generate sufficient revenues as required in the Adopted
FY 2019-2020 Budget. The attached ordinance sets the 2019 ad valorem tax rate at
$0.52 cents per $100 assessed valuation.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Andres seconded the
motion that the property tax rate be increased by the adoption of a tax rate of $0.52
per $100 assessed valuation, which is effectively a 5.06 percent increase in the tax
rate.
The motion was approved by a record vote of 7-0 as follows:
Councilmember Hodges - approved
Coundilmember Miller - approved
Councilmember Andres - approved
Deputy Mayor Pro -Tern Dixon - approved
Mayor Smith - approved
Mayor Pro-Tem Vogelsang - approved
Councilmember Ray - approved
19. Consider and act upon a resolution adopting the Fiscal Year 2019-2020 Capital
Improvement Program. (HW)
Hulon Webb, Director of Engineering, presented this item before the Town Council.
Town staff has prepared the FY 2019-2020 Proposed Capital Improvement Program
(CIP) for adoption by the Town Council. This program includes budgeted capital
projects for the 2019-2020 fiscal year and major planned capital projects to 2029. Mr.
Webb reviewed the major streets, traffic, parks, water, wastewater, and drainage
projects on the CIP. The Council directed staff to reduce the traffic signal project
budgets from $300,000 to $250,000, and to increase the budget for Fishtrap Road
from $700,00 to $900,00 to accommodate the design of four lanes.
After discussion, Councilmember Hodges made a motion and Councilmember Ray
seconded the motion to approve Resolution No. 19-67 adopting the Fiscal Year 2019-
2020 Capital Improvement Program, with the reduction in the traffic signal amounts as
referenced in the staff presentation, and the design of Fishtrap Road is increased from
$700,000 to $900,00. The motion was approved by a vote of 7-0.
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20. Consider and act upon an ordinance amending various Town Fees; amending
Appendix A, "Fee Schedule," to the Town's Code of Ordinances by amending
Section 1, "Construction Permits and Fees," by adding a new subsection (c),
"Third Party Geotechnical and Material Testing Fees," and a new subsection (d),
"Camera Inspection Fee for Wastewater Mains"; amending subsection (2),
"Other Fees," of Section V, "Development Fees," of Appendix A, "Fee
Schedule," to the Town's Code of Ordinances by adding thereto a new subpart
(1), "Engineering Plan Review Fees"; repealing existing Section IX, "Water and
Sewer Rates," and replacing it with a new section IX, "Water and Sewer Rates."
(KN)
Finance Director Kelly Neal presented this item before the Town Council. Town staff
is requesting to implement four new fees, including third party geotechnical and
material testing fees, camera inspection fees for wastewater mains, engineering plan
review fees, and an inflow and infiltration fee. Town staff is also proposing to amend
the commercial water base rate. No change in rates is recommended for residential
customers in FY 2019-2020.
Councilmember Hodges made a motion and Councilmember Ray seconded the
motion to approve Ordinance No. 19-68 amending various Town Fees; amending
Appendix A, "Fee Schedule," to the Town's Code of Ordinances by amending Section
1, "Construction Permits and Fees," by adding a new subsection (c), "Third Party
Geotechnical and Material Testing Fees," and a new subsection (d), "Camera
Inspection Fee for Wastewater Mains"; amending subsection (2), "Other Fees," of
Section V, "Development Fees," of Appendix A, "Fee Schedule," to the Town's Code
of Ordinances by adding thereto a new subpart (1), "Engineering Plan Review Fees";
repealing existing Section IX, "Water and Sewer Rates," and replacing it with a new
section IX, "Water and Sewer Rates." The motion was approved by a vote of 7-0.
21. Discussion on the Downtown Open Space. (DR)
This item was tabled to the September 24, 2019, Town Council meeting.
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 appointments to the Board of
Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library
Board, Prosper Economic Development Corporation Board, and Planning &
Zoning Commission.
The Town Council recessed into Executive Session at 7:20 p.m.
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Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 9:09 p.m.
Councilmember Miller made a motion and Councilmember Hodges seconded the motion to
appoint the following individuals to a Town Board or Commission:
BOARD NAME
TERM EXPIRES
APPOINTEE
BOARD OF ADJUSTMENT 1 CONSTRUCTION BOARD OF APPEALS
Place No. 1 (Altemate)
09-30-2021
Josh Carson
Place No_ 3
09-30-2021
George Dupont
Place No. 5
09-30-2021
Paul Hutchins
Place No. 7
09-30-2021
Brad Black
ECONOMIC DEVELOPMENT CORPORATION
Place No. 1
09-30-2022
Roger Thedford
Place No. 3
09-30-2022
Jim Wicker
LIBRARY BOARD
Place No. 1
09-30-2021
Danielle Philipson
Place No. 3
09-30-2021
Lenorah Johnson
Place No. 5
09-30-2021
Mandi Jackson
Place No. 7
09-30-2021
Andrew Cartwright
PARKS AND RECREATION BOARD
Place No 1
09-30-2021
Henry Coleman
Place No. 3
09-30-2021
Rebekah Land
Place No. 4
09-30-2020
Matthew Cely
Place No. 5
09-30-2021
Cameron Reeves
Place No. 7
09-30-2021
John Metcalf
PLANNING AND ZONING COMMISSION
Place No. 1
09-30-2021
Charles Cotten
Place No. 3
09-30-2021
Amy Bartley
Place No. 5
09-30-2021
Chris Kern
Place No. 7
09-30-2021
Brandon Daniel
The motion was approved by a vote of 7-0.
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Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
22. Discuss Development and Infrastructure Fees. (JW/HW)
This item was not discussed.
23. Discuss Tailgate Party. (RB)
Town Secretary/P1O Robyn Battle briefed the Council on plans for the tailgate parties
for the remainder of the football season. The Council will hold a party on September
27, and will make a decision on the remainder of the season after that date.
Mr. Jefferson updated the Town Council on the STEP Grant program. The Council
provided direction to continue with the program.
Council directed staff to request a traffic study on a section of US 380 to determine
whether the appropriate speed limits are posted.
Adjourn.
The meeting was adjourned at 9:23 p.m. on Tuesday, September 10, 2019.
`` 0111 „/l/
These minutes apIPlbI& o i Allay of September 2019.
APPROVED:
Ray Smith, Mayor
19..0
ATIW: T E
Town Secretary
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