10.08.2019 Town Council Minutes1
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ISPER
OWN OF
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5:48 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro -Tern Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon (arrived at 6:43 p.m.)
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, October 8, 2019
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Town Secretary/Public Information Officer
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
Kala Smith, Human Resources Director
Hulon Webb, Engineering Services Director
Pete Anaya, Assistant Director of Engineering Services — Capital Projects
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.
Pastor Ben Lacey from Prestonwood Baptist Church 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 Town will host a public meeting to gather input on the design of Hays Park on Thursday,
October 10, at 6:00 p.m. in Council Chambers during the Parks and Recreation Board Meeting.
Residents are invited to attend and share their ideas.
The Prosper Police Department will offer Kid Print on Saturday, October 12, from 10:00 a.m.-
noon at Lowe's in Prosper as part of Lowe's Safety Day. Kid Print allows parents to provide
important information to law enforcement officers, should a child become lost or missing.
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The Mayor's Luncheon for Active Adults, age 55 and older, will be held on October 23 from
11.00a.m.-1:00 p.m. Residents may contact Recreation Specialist Jonathan Weeks for more
information and to register by October 14.
The Prosper Police and Fire Departments will host a Drug Take -Back Event on Saturday, October
26. Residents may drop off unused or unwanted prescription and over-the-counter drugs. The
initiative provides a safe, responsible way for residents to help keep unused, expired, or unwanted
drugs off the streets and out of our water supply.
The Prosper Parks and Recreation Department will hold its third annual Arbor Day Celebration
on Saturday, November 2, at 9:00 a.m., at Folsom Park. The morning will include a Town
proclamation and remarks by local dignitaries and the Parks and Recreation Board.
Presentations.
Presentation of Certificates of Appreciation to former members of the Town's
Boards and Commissions. (RB)
Mayor Smith presented Certificates of Appreciation to Bobby Atteberry, former
member of the Planning and Zoning Commission, and Norma Hutchins, former
member of the Board of Adjustment/Construction Board of Appeals.
Discussion Items.
2. Discussion regarding the American Association of State Highway and
Transportation Officials (AASHTO) Green Book, and the Texas Manual on
Uniform Traffic Control Devices (TMUTCD). (HW)
Hulon Webb, Director of Engineering, presented this item before the Town Council.
Mr. Webb reviewed the stopping distance at key intersections in Town, examining the
distance from the intersection to the crosswalk and stop bars. He provided an overview
of intersection sight line and visibility standards. The Town will improve visibility at
certain intersections in Town by ensuring landscaping is modified or trimmed within
sight lines and by moving the stop bar and stop sign at the intersections of Hays Road
and First Street and La Cima and First Street.
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.
3. Consider and act upon the minutes from the September 24, 2019, Town Council
Meeting. (RB)
4. Consider and act upon approving the renewal of dental benefits with Cigna
Dental; and authorizing the Town Manager to execute the same for current and
future renewal periods. (KS)
6. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement for Geographic Information System (GIS) services between the Town
of Prosper and the City of Frisco. (AG)
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7. Consider and act upon Ordinance No. 19-74 abandoning a portion of Gee Road
prescriptive right-of-way, beginning approximately 1,250 feet north of US 380 to
the intersection with Fishtrap Road. (AG)
8. Consider and act upon authorizing the Town Manager to execute an Amended
Annexation Agreement between Prosper Meadows and the Town of Prosper,
Texas, regarding a 100.0± acre property, generally located on the south side of
Parvin Road, west of Legacy Road. (AG)
Councilmember Ray removed Item 5 from the Consent Agenda.
Mayor Pro-Tem Vogelsang removed Item 9 from the Consent Agenda
Councilmember Hodges made a motion and Mayor Pro-Tem Vogelsang seconded the
motion to approve all remaining items on the Consent Agenda. The motion was
approved by a vote of 6-0.
Consider and act upon authorizing the Competitive Sealed Proposal (CSP)
procurement method for construction of the Old Town Regional Retention and
Church & Parvin Drainage Improvement projects. (PA)
The Council discussed how the various components of the CSP are weighted,
indicating a preference to put more emphasis on the project timeline. Since references
will be checked as part of the selection process, the Council determined it was not
necessary to include this component in the selection criteria. The Council requested
that staff not include an estimated completion time frame in the request for proposals.
Town Manager Harlan Jefferson noted that provisions will be included in the contract
that will enforce the project timeline.
Town staff was directed to allocate the project selection criteria in the CSP as follows:
• Contractor and Subcontractor experience with similar projects/Qualifications and
experience of key personnel - 30%
• Proposed project timeline — 20%
• Cost proposal — 50%
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Ray
seconded the motion to approve the Competitive Sealed Proposal (CSP) procurement
method for construction of the Old Town Regional Retention and Church & Parvin
Drainage Improvement projects. The motion was approved by a vote of 6-0.
9. 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)
Planning Manager Alex Glushko responded to a question about the site plan.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember
Hodges seconded the motion to approve Item 9. The motion was approved by a vote
of 6-0.
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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, 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:
10. Presentation of service plan and second Public Hearing to consider the
voluntary annexation of 6.8± acres, generally located 1,000± feet south of First
Street, 4,000± feet west of Custer Road. (A19-0001). (AG)
11. Consider and act upon an ordinance annexing 6.8± acres, generally located
1,000± feet south of First Street, 4,000± feet west of Custer Road. (A19-
0001). (AG)
Mayor Smith opened Items 10 and 11 concurrently.
Planning Manager Alex Glushko presented Items 10 and 11 concurrently. In 2014,
the Town extended the five-year Annexation Agreement with the property owner, who
at that time, was Glen Miller. In October 2018, the property was sold to Prosper ISD.
In August, Prosper ISD submitted a petition to have the property voluntarily annexed
by the Town, indicating an intent to develop the subject property as a high school.
This is the second of two required Public Hearings; the first Public Hearing was held
on September 24, 2019. Following the Public Hearing, the Town Council will consider
an ordinance completing the annexation process.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Miller seconded the
motion to approve Ordinance No. 19-75 annexing 6.8± acres generally located 1,000±
feet south of First Street, 4,000± feet west of Custer Road. The motion was approved
by a vote of 6-0.
12. Conduct a Public Hearing, and consider and act upon a request for a Sign
Waiver to allow for a temporary sign at St. Martin de Porres Catholic Church,
located on the north side of US 380, east of Windsong Parkway. (AG)
Deputy Mayor Pro-Tem Dixon took his seat at the Council bench at 6:43 p.m.
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Planning Manager Alex Glushko presented this item before the Town Council. This
request is for a temporary wood frame sign for St. Martin de Porres Catholic Church,
along US 380. The sign is proposed to consist of two adjoining, "V" shaped," four -foot
by eight -foot plywood sign faces, each 32 square feet in area. The sign is proposed
to be ten feet in height, including six-foot metal support posts. The church has
indicated each 32 square -foot sign face would accommodate a banner to advertise
various church events. The applicant has indicated that the temporary sign will be
replaced by a permanent sign at some point in the future. The sign will be removed
when not in use. The Council inquired whether the applicant would consider using a
banner attached to two poles, rather than a plywood sign face, and the applicant
agreed.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Councilmember Miller made a motion and Councilmember Andres seconded the
motion to approve the request for a Sign Waiver to allow for a temporary sign at St.
Martin de Porres Catholic Church, subject to use of the sign for no more than twelve
(12) weeks per year, and not more than four (4) consecutive weeks at a time. Further,
use of the sign shall be discontinued after a period of time no greater than two (2)
years from the date of Town Council approval, or the construction of a permanent sign,
whichever occurs first. The waiver shall not include any plywood backing of the
banners. The motion was approved by a vote of 7-0.
13. Consider and act upon an ordinance amending Ordinance No. 19-65 (FY 2019-
2020 Budget). (CS)
Chuck Springer, Executive Director of Administrative Services, presented this item
before the Town Council. The proposed budget amendment will amend the FY 2019-
2020 Budget by increasing revenues and expenditures for the the Staffing for
Adequate Fire and Emergency Response (SAFER) grant, the state homeland security
grant, the adjustment to the Town's Compensation Plan to be implemented in its
entirety this fiscal year, and the fire department brush truck replacement. Mr. Springer
reviewed the details of the budget amendment, and the impact on the General Fund,
Special Revenue Fund, Water/Sewer Fund, and Storm Drainage Fund. Responding
to a question from Council, Mr. Springer indicated that the expected life span of the
brush truck will be amended to ten years for the purposes of planning for future
replacements in the Town's Vehicle and Equipment Replacement Fund (VERF).
Councilmember Hodges made a motion and Councilmember Ray seconded the
motion to approve Ordinance No. 19-76 amending Ordinance No. 19-65 (FY 2019-
2020 Budget) to provide budget authority to increase revenues and expenditures in
the General Fund, to increase revenues and expenditures in the Vehicle and
Equipment Replacement Fund, and to increase expenditures in the Crime Control and
Prevention Special Purpose District Fund, Fire Control, Prevention and Emergency
Medical Services Special Purpose District Fund, Water -Sewer Fund, and Storm
Drainage Fund. The motion was approved by a vote of 7-0.
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:
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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.
The Town Council recessed into Executive Session at 6:49 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 8:34 p.m.
Councilmember Miller made a motion and Councilmember Hodges seconded the motion to
authorize the Town Manager to execute a Development Agreement with TR 38 Acres LLC, and
signing the right-of-way dedication documentation. The motion was approved by a vote of 7-0.
Councilmember Miller made a motion and Deputy Mayor Pro-Tem Dixon seconded the motion to
authorize the Town Manager to execute a First Amended Economic Development Incentive
Agreement with Northeast 423/380 Ltd. and Northwest 423/380 Ltd. The motion was approved
by a vote of 7-0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
14. Discussion regarding updates to the Thoroughfare Plan. (HW)
Hulon Webb, Director of Engineering, briefed the Council on the Town's Thoroughfare
Plan. Town staff has historically used the Thoroughfare Plan as a conceptual guide
for the placement of the Town's major roadways. The Plan depicts a rough estimate
of the current and anticipated roadway alignments within the Town. With the recent
discussion on the Malabar Hills Preliminary Plat, Town staff received multiple
comments from the public related to the interpretation that the Thorougfare Plan
portrays actual alignments, rather than conceptual. To clarify the misconceptions,
Town staff will propose regular updates to the Thoroughfare Plan in situations where
either the current or anticipated roadway alignments do not match. The next updated
to the Thoroughfare Plan will be brought forward for Council approval in November
2019. Mayor Pro-Tem Vogelsang requested Town staff to include a grade separation
at First Street and the BNSF Railroad in the next Thorooughfare Plan update.
15. Town Council Tailgate Party. (RB)
Town Secretary/PIO Robyn Battle briefed the Council on the tailgate party held on
September 27. The Council decided not to hold any more parties this year, but will
consider holding one party sometime during next year's football season. Town staff
will bring the issue forward for Council consideration prior to the start of the 2020
football season.
Adjourn.
The meeting was adjourned at 8:57 p.m. on Tuesday, October 8, 2019.
These minutes approved on the 22nd day of October 2019.
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ATTEST: ��'�, �.?'EX • S ���
Robyn Bgttle, Town Secretary
APPROVED:
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Ray Smi , Mayor
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