04.28.2020 Town Council MinutesPISPER
OWN OF
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5:54 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
Minutes
Prosper Town Council Meeting
Tuesday, April 28, 2020
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Melissa Lee, Town Secretary
Robyn Battle, Executive Director of Community Services
Chuck Springer, Executive Director of Administrative Services
Leigh Johnson, Director of Information Technology
Betty Pamplin, Finance Director
Hulon Webb, Engineering Services Director
January Cook, Purchasing Manager
Pete Anaya, Assistant Director of Engineering Services — Capital Projects
John Webb, Development Services Director
Alex Glushko, Planning Manager
Stuart Blasingame, Fire Chief
Dudley Raymond, Director of Parks and Recreation
Dan Heischman, Assistant Director of Engineering Services
Invocation, Pledge of Allegiance and Pledge to the Texas Flaa.
Mayor Ray Smith led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag
were recited.
Announcements of recent and upcoming events.
The Prosper Community Library and the Prosper Parks and Recreation Department invite the
public to participate in virtual storytimes, online exercise classes, photo challenges, and other
activities while social distancing. A variety of classes and activities are available for residents
who want to stay active and engaged. Visit the Library and Parks and Recreation Facebook
pages for more details.
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Active Adults are encouraged to sign up for Senior Bingo, Virtual Trivia Time, and other online
activities. Subscribe to the Active Adult email group on the Parks & Recreation page of the Town
website.
The Town would like to thank several local businesses who have come forward with donations
for first responders and Town staff over the past few weeks. Legends Popcorn, Rhea's Mill Baptist
Church, Domino's Pizza, Triple G Group, and Embroidery House have donated meals and
supplies during the COVID-19 public health emergency. The Town is grateful for these community
partners for helping to keep our staff and residents safe.
The Prosper Town Council reminds everyone to stay safe and healthy during the COVID-19 public
health emergency by following guidelines for social distancing and doing their part to slow the
spread of the virus. Daily updates and information are available on the Town website and social
media channels.
Residents are encouraged to participate in the National Day of Prayer on May 7. The annual
observance is held on the first Thursday in May, inviting people of all faiths to pray for the nation.
Council asked to keep our Town, our state, our nation, and the world in everyone's prayers as we
continue to fight the COVID-19 pandemic.
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.
Consider and act upon the minutes from the April 14, 2020, Town Council
Meeting. (ML)
3. Consider and act upon Resolution No. 2020-30 authorizing the placement of
orders for the purchase of replacement vehicles in FY 2020-2021 to realize
current incentives related to said purchase with payment to be made from the
Town's Vehicle Equipment and Replacement Fund (VERF) in FY 2020-2021. (BP)
4. Consider and act upon Resolution No. 2020-31 to deny the application of Oncor
Electric Delivery Company LLC for approval to amend its distribution cost
recovery factor to increase distribution rates within the Town. (BP)
5. Consider and act on Resolution No. 2020-32 repealing Resolution No. 14-04 in
regard to Neighborhood Empowerment Zone Number 2. (JW)
6. Consider and act on Ordinance No. 2020-33 amending Article 3.14, "Signs," of
Chapter 3, "Building Regulations," of the Code of Ordinances regarding the
allowance of changeable electronic message board signs and other illuminated
signs for real estate signs in residential areas including definitions, regulations,
and restrictions. (JW)
7. 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)
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Mayor Smith removed Item #2 from the Consent Agenda.
Councilmember Andres had questions on Item #4 regarding the Oncor Electric
Delivery Company, LLC denial process, specifically any negative aspects of not
agreeing to the rate increase. Finance Director Betty Pamplin responded there were
no negative aspects of denying the application and that this was a standard annual
process. Town Manager Harlan Jefferson added as part of the coalition, the denial of
application is the beginning of the rate negotiation process.
Councilmember Miller had questions on Item #7 regarding the preliminary site plan for
Prosper West/Children's Health MOB and the previous site plan presented to Council
for this location. Alex Glushko, Planning Manager, discussed the Planning and Zoning
Commission approval of the initial preliminary site plan for Prosper West. Adding, as
Children's has since acquired a percentage of property, the purpose of this item was
to retrofit the proposed medical office building into the preliminary site plan and allow
for future TxDOT right-of-way reservation.
After Discussion, Councilmember Ray made a motion and Councilmember Miller
seconded the motion to approve Items 1, and 3-7 on the Consent Agenda.
The motion was approved by a vote of 7-0.
2. Consider and act upon Ordinance No. 2020-29 extending a local state of disaster
due to a public health emergency. (RB)
Robyn Battle, Executive Director of Community Services, presented information on
the extension intended to align the Town with the provisions contained in any current
or future Executive Orders issued by the Governor regarding the COVID-19 public
health emergency. The extension would allow for the Town to remain eligible for any
state or federal aid if needed and ability to enforce the Executive Orders issued.
Mayor Smith allowed for citizen comments on this item.
Patrick D. Cochrane, 741 Salt Lake Court, Prosper, spoke in opposition to Item #2,
specifically section 7, 8 & 9 of the ordinance. He stated there were several pieces of
the Governor's Executive Order GA-18 that lacked local applicability and legal
standing.
Nicolle Pala, 961 Whistler Ln., Prosper, spoke in opposition to Item #2. She stated
the language in the proposed ordinance was too broad and seemed unconstitutional.
Council discussed the constitutionality of the ordinance, with Town Attorney Terry
Welch elaborating on sections 7, 8 & 9.
After discussion, Councilmember Ray made a motion and Councilmember Miller
seconded the motion to approve Ordinance No. 2020-29 extending a local state of
disaster due to a public health emergency.
The motion was approved by a vote of 7-0.
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CITIZEN COMMENTS
Patrick D. Cochrane, 741 Salt Lake Court, Prosper, spoke once again on COVID-19 and the
Government's response. He discussed a citizen's right to travel and stay-at-home mandates that
are creating job losses. He stated local governments should not have the power to shutter non-
essential business in the interest of public health.
Kristi Thompson, 2620 Winding Creek Rd., Prosper, spoke on the state of the government and
devastation the virus is having. She yielded her remaining time to Patrick Cochrane.
Patrick D Cochrane, 741 Salt Lake Court, Prosper, spoke on testing efforts, reliable data, and an
infectious mortality rate in line with seasonal flu. He concluded, it is not the government's job to
make health decisions for the broader population, that the decisions are not based on reliable
data.
REGULAR AGENDA:
Items for Individual Consideration:
8. Consider and act upon Ordinance No. 2020-34 of the Town of Prosper, Texas
amending Chapter 13, "Utilities," of the Town's code of ordinances, by adding
thereto a new Section 13.07.009, "No Penalties or Disconnections During
Coronavirus Public Health Emergency; and Creation of Coronavirus Disaster
Economic Relief Fund" and authorizing the Town Manager to enter into a
Memorandum of Understanding with Cornerstone Assistance Network of North
Central Texas. (CS)
Chuck Springer, Executive Director of Administrative Services, provided an overview
of the ordinance that provides a waiver of utility charges for up to two months in a 12-
month period, expiring May 1, 2021, with a maximum total waiver of $25,000. He
discussed the Memorandum of Understanding with Cornerstone Assistance Network
of North Central Texas and, under this agreement, would screen applications for
assistance and recommend which residential utility customers should receive the
waiver of charges.
Mayor Smith had questions on the language used within the ordinance and the MOU
with Cornerstone Assistance Network. Town Attorney Welch discussed specifics of
the ordinance, noting it provides authority for both programs, and Cornerstone
Network Assistance activity under the MOU.
After discussion, Deputy Mayor Pro-Tem Dixon made a motion, and Councilmember
Ray seconded the motion to approve Ordinance No. 2020-34 amending Chapter 13,
"Utilities," of the Town's code of ordinances, by adding thereto a new Section
13.07.009, "No Penalties or Disconnections During Coronavirus Public Health
Emergency; and Creation of Coronavirus Disaster Economic Relief Fund" and
authorizing the Town Manager to enter into a Memorandum of Understanding with
Cornerstone Assistance Network of North Central Texas.
The motion was approved by a vote of 7-0-
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9. Conduct a Public Hearing, and consider and act upon Ordinance No. 2020-35
amending Special Purpose Sign District-5 (SPSD-5), regarding Unified
Development and Monument Sign regulations, in Windsong Ranch Marketplace,
located on the northeast corner of US 380 and Gee Road. (AG)
Alex Glushko, Planning Manager, discussed the sign relocation in Windsong Ranch
Marketplace due to TxDOT right-of-way acquisition. Council had questions on similar
situations in the future and impact on businesses, and staff discussed the applicant
process and issue of potential right -of -way -needs for TxDOT regarding new
applicants.
Mayor Smith Opened the Public Hearing.
Tommy Reynolds, the applicant with Comet Signs, 2703 W. Mockingbird Lane, Dallas,
spoke in favor of the item.
With no one else speaking, Mayor Smith closed the Public Hearing.
Councilmember Miller made a motion and Councilmember Hodges seconded the
motion to approve Ordinance 2020-35 amending Special Purpose Sign District-5
(SPSD-5), regarding Unified Development and Monument Sign regulations, in
Windsong Ranch Marketplace, located on the northeast corner of US 380 and Gee
Road.
The motion was approved by a vote of 7-0.
10. Consider and act upon awarding CSP No. 2020-54-B to Durable Specialties, Inc.,
related to construction services for the Fishtrap Road and Teel Parkway Traffic
Signal project; and authorizing .the Town Manager to execute a construction
agreement for same. (PA)
Pete Anaya, Assistant Director of Engineering Services — Capital Projects, provided
an overview of CSP No. 2020-54-13, including proposal rankings and cost evaluation.
Staff recommended Durable Specialties, Inc. due to the proposal timeline of 90
calendar days, and previously performed work for the Town; in the amount of
$286,225.00 without IT fiber conduit.
Councilmember Ray had questions on the type of conduit used and associated costs.
Staff provided information on engineering standards regarding conduits and new
moisture conditioning guidelines for conduit placement in areas with poor soil.
After discussion, Councilmember Ray made a motion, to include extraction of the
conduit component, and Councilmember Andres seconded the motion to approve
awarding CSP No. 2020-54-B to Durable Specialties, Inc., related to construction
services for the Fishtrap Road and Teel Parkway Traffic Signal project; and authorizing
the Town Manager to execute a construction agreement for same.
The motion was approved by a vote of 7-0.
11. Consider and act upon awarding Bid No. 2020-41-B to McMahon Contracting LP,
related to construction services for the Victory Way project; and authorizing the
Town Manager to execute a construction agreement for same. (PA)
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Pete Anaya, Assistant Director of Engineering Services — Capital Projects, provided
an overview of Bid No. 2020-41-B including location and bid submission. Staff
recommended McMahon Contracting LP for the best value of $1,991,404.25 with an
alternate bid consisting of five (5) 9' x 8' drainage culverts and no IT fiber conduit
installation; with 130 days for final completion.
After discussion, Councilmember Miller made a motion and Councilmember Hodges
seconded the motion to approve awarding Bid No. 2020-41-B to McMahon Contracting
LP, related to construction services for the Victory Way project; and authorizing the
Town Manager to execute a construction agreement for same.
The motion was approved by a vote of 7-0.
12. Consider and act upon awarding Section 1 of Bid No. 2020-40-B to Reliable
Paving, Inc., related to construction services for the Colt Road and US 380 SIB
Right Turn Lane project; and authorizing the Town Manager to execute a
construction agreement for same. (PA)
Pete Anaya, Assistant Director of Engineering Services — Capital Projects, provided
an overview of Bid No. 2020-40-B including location and bid submission. Staff
recommended awarding Section 1 to Reliable Paving, Inc. for $114,450.46.
After discussion, Councilmember Hodges made a motion, and Councilmember Andres
seconded the motion to approve awarding Section 1 of Bid No. 2020-40-B to Reliable
Paving, Inc., related to construction services for the Coit Road and US 380 SB Right
Turn Lane project; and authorizing the Town Manager to execute a construction
agreement for same.
The motion was approved by a vote of 7-0.
13. Consider and act upon Ordinance No. 2020-36 amending Ordinance No. 19-65
(FY 2019-2020 Budget) and Capital Improvement Plan. (BP)
Betty Pamplin, Finance Director, provided information on the Budget and CIP
amendment for two traffic signals. The first, located at Fistrap and Teel Parkway, with
an adopted budget of $250.000 and requesting to increase the budget to $400,000.
The second, located at Coit and Richland, with an adopted budget of $250,000 and
requesting to increase the budget to $410,000. She added both traffic signals were
funded from impact fees from thoroughfares.
After discussion, Councilmember Miller made a motion, and Mayor Pro-Tem
Vogelsang seconded the motion to approve Ordinance No. 2020-36 amending
Ordinance No. 19-65 (FY 2019-2020 Budget) and Capital Improvement Plan.
The motion was approved by a vote of 7-0.
14. Consider and act upon a request to waive the Town's Drainage System Design
Requirements for a wet or underground detention pond for the detention pond
on the Rhea Mill's Baptist Church Tract with new expansion. (DH)
Dan Heischman, Assistant Director of Engineering Services, provided an overview of
the property, and spoke on the Rhea Mill's Baptist Church building plans for expansion
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to the south to include additional fires lanes and a parking lot. He noted the drainage
requirements are for new improvements only.
Councilmember Ray had questions on wet detention systems in comparison to dry
detention systems, and was concerned with the aesthetics of each.
The applicant, Kelly Morgan with Nelson + Morgan Architects, Inc., spoke on the
location of pond, toward back of property, and there being no need for wet detention.
Jared Myer, Executive Pastor for Rhea Mill's Church, commented on the number of
existing lakes in the area, and their intention to use the property for church events.
After discussion, Councilmember Ray made a motion, and Deputy Mayor Pro-Tem
Dixon seconded the motion, to approve the request to waive the Town's Drainage
System Design Requirements for a wet or underground detention pond for the
detention pond on the Rhea Mill's Baptist Church Tract with new expansion.
The motion was approved by a vote of 7-0.
15. Consider and Act upon on approving the Preferred Downtown Scenario and the
Town Hall Open Space Master Plan. (DR)
Dudley Raymond, Director of Parks and Recreation, provided an overview of the
Council Briefing held on September 24, 2019, the Community Meeting held on January
8, 2020, and on the Preferred Downtown Open Space Scenario 1 and 2. Additionally,
he discussed the phasing plan, noting more work would need to be done before going
under construction.
Mark Bowers, with Kimley-Horn and Associates, Inc., provided information on
feedback received from the Council briefing held on September 24, 2019 and
Community Meeting held on January 8, 2020. Detail on greenspace use, walkability,
and the phasing plan was provided.
After discussion, Deputy Mayor Pro-Tem Dixon made a motion, and Mayor Pro-Tem
Vogelsang seconded the motion, to table the Preferred Downtown Scenario and the
Town Hall Open Space Master Plan indefinitely, with the motion to reflect the will of
council as preferred option.
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 551.071 - Consultation with the Town Attorney regarding legal issues
associated with the Town's sign ordinance, and all matters incident and related
thereto.
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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.
The Town Council recessed into Executive Session at 8:47 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 9:09 p.m.
Possibly direct Town staff to schedule toyic[s] for discussion at a future meetinq
There were no topics discussed.
Adjourn.
The meeting was adjourned at 9:10 p.m. on Tuesday, April 28, 2020.
These minutes approved on the 12'h day of May 2020.
APPROVED:
Ray Sm?th, Mayor
7ATTEST:
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Melissa Lee, T6wn Secretary
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