01.28.2020 Town Council Minutes1
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IOWN OF
SPER
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 6:08 p.m
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon (arrived at 6:41 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, January 28, 2020
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
Betty Pamplin, Finance Director
January Cook, Purchasing Manager
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
Scott Brewer, Assistant Police Chief
Stuart Blasingame, Fire Chief
Announcements of recent and upcoming events.
The Town Council invites residents to participate in the Mayor's Fitness Challenge now through
April 15. Join fellow Prosper residents in the challenge to walk or run 100 miles, or bike 500 miles
in just over 100 days. To register, please visit the Parks and Recreation page on the Town
website.
The Library will host a Theme Craft event on Saturday, February 1, at 11:00 a.m. Bring an empty
box, and the library staff will provide all of the supplies needed to create a Valentine Mailbox.
Teens and Tweens are also encouraged to register for the Iron Chef Teen Edition at the Library
on February 22 at 11:00 a.m. For a full list of programs and activities, please visit the Library
page on the Town website.
Emergency Management Coordinator Kent Bauer will present information at the Library on
February 6 at 6:00 p.m. on how to prepare for tornadoes. Attendees will participate in a Tornado
Scavenger Hunt, and receive helpful information to be better prepared in the event of a tornado.
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The Annual Prosper Fishing Derby will take place on Saturday, February 22, from 9:00-11:00 a.m.
at Frontier Park. The pond will be stocked, and no fishing license is necessary. Prizes will be
awarded in various categories to kids under the age of 14. More information is available on the
Town website.
The Town Council would like to welcome Assistant Chief Scott Brewer to the Prosper Police
Department. Chief Brewer is a graduate of the FBI National Academy and the Institute for Law
Enforcement Administration, and he has over 26 years of experience in the military and law
enforcement.
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. Zoning -
related Public Hearing items on the Consent Agenda have received a unanimous
recommendation for approval by the Planning & Zoning Commission, and no written
opposition was received prior to the posting of this agenda. Those wishing to speak on a
Public Hearing item on the Consent Agenda should complete a "Public Meeting
Appearance Card" and present it to the Town Secretary prior to the meeting.
Consider and act upon the minutes from the January 14, 2020, Town Council
Meeting. (RB)
6. Consider and act upon the 2020 Prosper Town Council Regular Meeting
Schedule. (RB)
7. Consider and act upon Resolution No. 2020-03 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. (BP)
8. Consider and act upon authorizing the Town Manager to execute an Agreement
between Oncor Electric Delivery Company, LLC, and the Town of Prosper,
Texas, related to providing additional electric facilities and electric service to
the Public Safety Complex, Phase 1 (Police Station and Dispatch) Facility. (HW)
9. Consider and act upon authorizing the Town Manager to execute an Agreement
between Emergicon, LLC, and the Town of Prosper, for specialized professional
ambulance billing services. (SB)
10. Consider and act upon authorizing the Town Manager to execute Amendment
No. 2 to the Software Maintenance and Hosting Agreement between
CentralSquare Technologies, LLC, and the Town of Prosper, Texas, related to
continued hosting, maintenance, and support services for TRAKiT Land
Management software. (JW)
11. Consider and act upon authorizing the Competitive Sealed Proposal (CSP)
procurement method for construction of the Coit Road and US 380 SB Right
Turn Lane Project. (PA)
12. Consider and act upon authorizing the Town Manager to execute a License and
Maintenance Agreement for three (3) Neighborhood Identification/Wayfinding
signs in Windsong Ranch. (JW)
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13. Conduct a Public Hearing, and consider and act upon Ordinance No. 2020-04
rezoning 0.6± acres from Single Family-15 (SF-15) to Downtown Single Family
(DTSF), located on the south side of Third Street, east of Coleman Street. (Z19-
0022). (AG)
14. 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 Hodges made a motion and Councilmember Ray seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a
vote of 6-0.
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
Barbara Nugent, 761 Grassy Shore, Prosper, spoke regarding two recent customer service
experiences with Town staff. She thanked staff members for their assistance and helpful attitude.
Ms. Nugent also complimented Town staff on the two recent Public Input Meetings for the Hike
and Bike Trail Master Plan and the Downtown Open Space Plan.
William Cook, 201 E. 5'h Street, spoke in appreciation of the Town's high development standards,
and he commended Town staff for their commitment to upholding such high standards of
excellence.
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:
15. Conduct a Public Hearing, and consider and act upon a request to amend
Planned Development-91 (PD-91), for Cook Children's North Campus, on 23.7±
acres, located on the northeast corner of US 380 and Windsong Parkway, to
modify the concept plans to accommodate an increased hospital size and
modified parking. (Z19-0021). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. In
August 2018, the Town Council approved Planned Development-91 (PD-91) for the
Cook Children's North Caml
Care and Primary Care CE
Building, a Helistop, an Ot
parking garage. PD-91 als
square feet. Construction i
completed and the Center
Ambulatory Surgery Center,
us. The plan for the Medical Center included an Urgent
iter, an Ambulatory Surgery Center, a Medical Office
tpatient Imaging and Data Center, and a 100-vehicle
called for a future Hospital of approximately 130,000
f the Urgent Care and Primary Care Center has been
is open to the public. The Medical Office Building,
and the Outpatient Imaging and Data Center are under
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construction. With this amendment, the applicant is requesting to amend the PD to
update the Conceptual Site Plan, Elevations, and Landscape Plan for the hospital. Mr.
Glushko confirmed that while the hospital is no longer considering a parking garage,
the surface parking will meet minimum Town standards. The Council expressed
concern about preserving the 3-foot berms currently in the project if US 380 is
eventually widened. Architect Marc Budaus confimed that Cook Children's intends to
keep the berms even if the road is widened. Kevin Greene, Administrator for Cook
Children's stated that he would agree to including the preservation of berms in a
Development Agreement.
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 Andres seconded the
motion to approve a request to amend Planned Development-91 (PD-91), for Cook
Children's North Campus, on 23.7± acres, located on the northeast corner of US 380
and Windsong Parkway, to modify the concept plans to accommodate an increased
hospital size and modified parking, subject to ensuring the three-foot berms along the
southwest and southeast corridor of US 380 are maintained, regardless of whether
future easements change. The motion was approved by a vote of 6-0.
16. Conduct a Public Hearing, and consider and act upon a request to rezone 2.1±
acres from Single Family-15 (SF-15) to Planned Development -Downtown Office
(PD-DTO), located on the north side of Broadway Street, west of Craig Road.
(Z19-0023). (AG)
Deputy Mayor Pro-Tem Dixon arrived at 6A1 p.m.
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of the request is to allow for the conversion of the existing single family
housing into a professional office, which is anticipated to be a law office. The applicant
has requested reductions to the minimum landscape setbacks and drive aisle widths
to allow for a parking lot to be constructed in front of the existing structure, and to keep
the existing detached garage and pool. Planning staff has concerns with the proposed
parking lot location being located in front of the existing structure from an aesthetic
perspective. Matt Moore of Claymoore Engineering spoke on behalf of the applicant,
stating that he does not expect parking to be at full capacity most of the time, and the
topography of the lot made parking adjustments difficult. He agreed to include
landscaping requirements in a Development Agreement.
Mayor Smith opened the Public Hearing.
George Dupont, 1400 Harvest Ridge, Prosper spoke in opposition to the item, noting
that the request does not confirm to the character of the Downtown Office zoning
district criteria.
With no one else speaking, Mayor Smith closed the Public Hearing
After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember
Miller seconded the motion to approve the request to rezone 2.1± acres from Single
Family-15 (SF-15) to Planned Development -Downtown Office (PD-DTO), located on
the north side of Broadway Street, west of Craig Road, subject to a development
agreement addressing (1) maintenance and consistency of landscaping, (2)
replacement landscaping; and (3) maintaining the current height of landscaping
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materials along Broadway Street as well as the inclusion of construction materials and
architectural features. The motion was approved by a vote of 7-0.
17. Consider and act upon an ordinance designating a certain area within the Town
of Prosper as Neighborhood Empowerment Zone Number 1. (JW)
Development Services Director John Webb presented this item before the Town
Council. In 2009, the Town Council approved a resolution creating Neighborhood
Empowerment Zone Number 1 (NEZ 1) to promote economic development within the
core downtown area. The resolution was effective for a period of ten years. In lieu of
renewing the resolution, the Town Attorney and staff determined it would be
advantageous for the Town to adopt the terms in an ordinance. As contained within
the original NEZ 1 Resolution, the proposed ordinance provides for the waiver of 75%
of certain development -related fees. Additionally, the Town Council may authorize the
refund of up to sixty percent of municipal sales tax and/or one -hundred percent of
municipal property tax resulting from the new development in NEZ 1. The proposed
ordinance provides for a voluntary process to enter into a development agreement to
ensure the Town's base zoning district and architectural standards are followed.
Development agreements will also be utilized in consideration of any refund of taxes.
During the September 10, 2019, Town Council meeting, staff provided an overview of
the previous NEZ 1 for non-residential development and NEZ 2 for residential
development. During that meeting, staff indicated the area for non-residential
development incentives would be expanded to include existing and future areas up to
Craig Road. Due to state law limitations, a NEZ cannot be used for providing
incentives for residential development/redevelopment, unless it is solely for the
purpose of creating affordable housing. With the demand for new, market rate housing
in the downtown area, staff received direction to develop an alternative program to
continue to provide certain incentives for residential development/redevelopment. An
ordinance creating a Downtown Residential Revitalization Program will be presented
to the Town Council at a February meeting.
After discussion, the Town Council directed staff to amend the boundary map of NEZ
1 to include property fronting the east side of Coleman.
Mayor Pro -Tern Vogelsang made a motion and Councilmember Hodges seconded the
motion to approve Ordinance No. 2020-05 designating a certain area within the Town
of Prosper as Neighborhood Empowerment Zone Number 1. The motion was
approved by a vote of 7-0.
18. Consider and act upon a resolution supporting a comprehensive, coordinated,
interagency approach to Freeway Incident Management. (KB)
Fire Chief Stuart Blasingame presented this item before the Town Council. Town staff
is proposing the resolution adopting the Regional Transportation Council's Freeway
Incident Management System model resolution which shows Prosper's support of the
RTC Resolution R08-10, unifying regional jurisdictions with common standards and
practices pertaining to traffic incidents and the reporting, training, and equipment to
reduce congestion and improve first responder safety.
Councilmember Miller made a motion and Councilmember Andres seconded the
motion to approve Resolution No. 2020-06 supporting a comprehensive, coordinated,
interagency approach to Freeway Incident Management. The motion was approved
by a vote of 7-0.
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19. Consider and act upon awarding CSP No. 2020-30-B to Mario Sinacola & Sons
Excavating, Inc., related to construction services for the Project I - Fishtrap Road
and Teel Parkway Intersection Improvement Project; and authorizing the Town
Manager to execute a construction agreement for same. (PA)
Pete Anaya, Deputy Director of Engineering Services — Capital Projects, presented
this item before the Town Council. The Town received proposals for Project I -
Fishtrap Road and Teel Parkway Intersection Improvements, and Project II - Traffic
Signal Installation Project. Town staff was able to negotiate with the proposed vendor
at a cost savings of over $150,000; however, proposals for Project II were substantially
more than the budgeted amount. Town staff recommended awarding Project I to the
proposed vendor, and to rebid Project 11 as a stand-alone project.
Purchasing Manager January Cook continued the presentation with a demonstration
of the Town's e-procurement system. Going forward, many of the documents
contained in the Supplier Response section of the bid documents will be referenced,
but not included with the Construction Agreement. All documents will be kept on file
in the Purchasing Office, and will be available for viewing upon request. The Council
approved of using the condensed format for the bid documents.
The Town Council discussed the consequences for vendors who do not meet the
timeline in the bid proposals. While liquidated damages are included in the bid
documents, Town Manager Harlan Jefferson explained that the best method for
ensuring projects are completed on time is by using a good contractor. Town staff is
currently working on a new A+B bidding process that will address liquidated damages,
while allowing the Town to select the vendor that provides the best value to the Town.
Town Attorney Terry Welch noted that liquidated damages may not be punitive; they
are intended to recover reasonable costs to the Town.
After discussion, Councilmember Hodges made a motion and Councilmember Andres
seconded the motion to award CSP No. 2020-30-B to Mario Sinacola & Sons, Inc.,
related to construction services for Project I — Fishtrap Road and Teel Parkway
Intersection Improvements Project; and authorize the Town Manager to execute a
construction agreement for same. 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:
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.
Section 551.074 — To discuss and review the Town Manager's performance
evaluation.
Section 551.074 — To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library
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Board, Prosper Economic Development Corporation Board, and Planning &
Zoning Commission,
The Town Council recessed into Executive Session at 7:57 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 10:08 p.m.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Andres seconded the motion to
appoint Sarah Peterson to Place 3 of the Planning & Zoning Commission, with a term ending on
September 30, 2021; and to appoint Michael Pettis to Place 2 of the Planning & Zoning
Commission, with a term ending on September 30, 2020. The motion was approved by a vote of
7-0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
20. Discussion on proposed bond election. (HJ)
This item will be discussed at the Town Council Strategic Planning Session on January
31, 2020.
The Council discussed a recent email received from a resident regarding concerns about a
crosswalk at Gee Road and Acacia. Town Manager Harlan Jefferson responded that Town staff
is aware of the request and has relocated signage at the intersection.
Adjourn.
The meeting was aOjpurned at 10:10 p.m. on Tuesday, January 28, 2020.
\o ,r
These minutes approved on tie 11th day of February 2020.
• ••
APPROVED:
I 91� Ray Smith Mayor
Robyn B#ttle, Town Secretary
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