11.24.2020 Town Council MinutesISPER
OWN OF
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 -Tern Jason Dixon
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Jeff Hodges
Councilmember Meigs Miller
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, November 24, 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
Betty Pamplin, Finance Director
January Cook, Purchasing Manager
Rebecca Zook, Executive Director of Development & Infrastructure Services
John Webb, Development Services Director
Hulon Webb, Engineering Services Director
Dan Heischman, Assistant Director of Engineering Services - Development
Alex Glushko, Planning Manager
Frank Jaromin, Director of Public Works
Leigh Johnson, Director of Information Technology
Dudley Raymond, Director of Parks and Recreation
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allealance and Pledge to the Texas Flag.
Pastor John Fowler, First Presbyterian Church of Prosper, led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
Announcements of recent and upcoming events.
Mayor Pro-Tem Vogelsang read the announcements.
The Prosper Ladies Association is excited to sponsor their 7th annual Prosper Christmas Angels
Program. A Christmas Angel Tree is located in the lobby of Town Hall. Please consider taking a
Wish Tag from the tree and scan the QR code to help a Prosper ISD child or a senior citizen have
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a Merry Christmas. Gift drop-off dates are December 7-9. More information is available at
www.pLosperchristmasangels.com
Cornerstone Assistance Network of North Central Texas is preparing for their Cornerstone
Christmas event to provide gifts, trees, stockings, food, and new coats to families in need.
Volunteers are needed to help with shopping, wrapping and stuffing stockings. Sign up to
volunteer at www.cornerstonenct.or
Cosery and the Town of Prosper are partnering with Neighbors Nourishing Neighbors for a
community food drive through December 15. Please drop off non-perishable food items in the
lobby of Town Hall. A list of needed items is available on the Neighbors Nourishing Neighbors
website at www.n3foodpantmorq
The Town Council appreciates those who are able to help fellow community members in need
this holiday season.
Early Voting for the Senate District 30 Runoff Election will be held December 9th-December 15th.
Election Day is December 19th. Prosper voters who live in Collin County may vote at Town Hall
for Early Voting and Election Day. Denton County voters may vote at any Denton County early
voting location, and at Aubrey City Hall on Election Day. Please check the Town's Facebook
page, or the Collin County or Denton County Election websites for more information.
The Town Council would like to wish everyone a very happy Thanksgiving holiday.
Presentations.
1. Present Oaths of Office and Certificates of Election to Amy Bartley and Jeff
Hodges. (ML)
Robyn Battle, Executive Director of Community Services, presented the Oaths of
Office and Certificates of Election to Amy Bartley, elected to Town Council, Place 3,
and Jeff Hodges, elected to Town Council, Place 5, at the General Election held on
November 3, 2020.
2. Present a Proclamation and a Plaque of Appreciation to Mayor Pro-Tem Curry
Vogelsang, Jr. (ML)
Mayor Smith presented the Proclamation and Plaque of Appreciation to outgoing
Mayor Pro-Tem Curry Vogelsang, Jr. proclaiming November 24, 2020, as Curry
Vogelsang, Jr. Day in the Town of Prosper for his generous contribution of time and
talent and his servant leadership that will have a lasting impact on the Prosper
community. Mr. Vogelsang thanked Town staff, the Town Council, and his family, for
their love and support.
3. Presentation of a Proclamation
member of the SpaceX Crew
International Space Station. (RB
and a Blue Star Flag to the family of a crew
Dragon who is currently deployed to the
Mayor Smith presented the Proclamation and Blue Star Flag to the family of Victor J.
Glover, member of the SpaceX Crew Dragon, in honor of his service and to honor his
family's sacrifice and service to our great county.
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4. Grant Summary and Review (KB),
Betty Pamplin, Finance Director, discussed the Grant Committee and the Grant
process. The Committees purpose, to increase the Town's opportunities and
awareness of outside funding while enhancing the processes of the grant program.
Mrs. Pamplin discussed the Committee's structure; quarterly meetings held the last
Thursday of the month in the Finance Conference Room. Attendees will represent
each department and be appointed by their department director. Emergency meetings
may be scheduled in cases of short windows of opportunity.
Mrs. Pamplin reviewed the Grant process with the Town Council, and concluded with
FY 20-21 pending applications for the Town of Prosper.
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.
5. Consider and act upon the minutes from the November 10, 2020, Town Council
Meeting. (ML)
6. Consider and act upon the minutes from the November 14, 2020, Town Council
Special Called Meeting. (ML)
7. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Valley View Consulting, L.L.C., and the Town of
Prosper, Texas, related to Investment Advisory services. (BP)
8. Consider and act upon awarding RFP No. 2021-14-B for stop loss Insurance for
Town self-insurance fund, effective January 1, 2021, and authorizing the Town
Manager to execute all documents for the same. (JE)
9. Consider and act upon Resolution No. 2020-85 adopting the Town of Prosper
2021 Legislative Agenda. (RB)
10. Consider and act upon approving the purchase of one ambulance from
Professional Ambulance Sales and Service, the Texas dealer for Horton
Emergency Vehicles, through the Texas Local Government Purchasing
Cooperative; and authorizing the Town Manager to execute related documents
for the same. (SB)
11. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement for the use of the Frisco radio communications system. (SB)
12. Consider and act on Ordinance No. 2020-86 amending Section 3.19.001, "Fence
Requirements," of Article 3.19, "Fence Regulation," of Chapter 3, "Building
Regulations," of the Town's Code of Ordinances by adding a new subsection
regarding fencing on certain adjacent unplatted tracts. (JW)
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13. Consider and act upon authorizing the Town Manager to execute Contract
Amendment #1 to the Professional Services Agreement between Teague Nall
and Perkins, Inc., and the Town of Prosper, Texas, related to the design of the
Fishtrap Road from Stuber Elementary School to the Dallas North Tollway
project. (HW)
14. Consider and act upon authorizing the Town Manager to execute Contract
Amendment #1 to the Professional Services Agreement between Teague Nall
and Perkins, Inc., and the Town of Prosper, Texas, related to the design of the
First Street from Coit Road to Custer Road project. (HW)
15. Consider and act upon awarding CSP No. 2021-16-B to Reliable Paving, Inc.,
related to construction services for the Coit Road at US 380 Paving and Striping
Improvements project; and authorizing the Town Manager to execute a
construction agreement for same. (HW)
16. 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 Ray made a motion and Councilmember Andres seconded the motion
to approve Items 5 thru 16 on the Consent agenda.
The motion was approved by a vote of 7 — 0.
CITIZEN COMMENTS
Chris Kern, 570 Abbey Lane, addressed the Town Council on Item 20, Discussion on Outdoor
Lighting Standards, and the street lighting on Lovers Lane Road. Mr. Kern stated, as his property
is adjacent to Lovers Lane Road, the lights are too high creating nighttime glare.
REGULAR AGENDA:
Items for Individual Consideration:
17. Consider and act upon approving Resolution No. 2020-87 supporting U.S.
Highway 380 as a Controlled Access Highway and strongly opposing the
consideration of the Gold or Brown Alternative Segment B alignments as
presented by TxDOT on October 12 and 29, 2020, due to the negative impacts
on existing and future development within the southeast quadrant of the Town
of Prosper since the alternative alignments are inconsistent with the Town's
Thoroughfare Plan and current alignment of said highway. (RZ)
Rebecca Zook, Executive Director of Development & Infrastructure Services, provided
the Town Council an overview of Resolution 2020-87 supporting U.S. Highway 380 as
a Controlled Access Highway and strongly opposing the consideration of the Gold or
Brown Alternative Segment B alignments as presented by TxDOT on October 12 and
29, 2020.
TxDOT conducted a feasibility study regarding the identification for an alignment for
the future Controlled Access Highway of U.S. Highway 380 that began in 2017 and
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culminated in a formal report in March 2020. The Town of Prosper was heavily
involved throughout the 3-year process by clearly identifying and supporting an
alignment within the limits of the Town. As part of the Town's participation and in an
effort to show support and cooperation, the Town passed four resolutions between
April 2017 and May 2019, clearly identifying the preferred alignment within the Town's
jurisdictional limits. At the completion of the U.S. 380 Collin County Feasibility Study
Final Report and Implementation Plan referenced above and completed in March
2020, the Town was both pleased and satisfied with the recommended alignment
represented within the report.
The Town recently participated in two meetings with TxDOT. The initial meeting on
October 12, 2020, was an update and initiation meeting for the next phase in the
process with TxDOT — US 380 Environmental Impact Statement from Coit Road to FM
1827 (EIS). The subsequent meeting was a formal Agency Scoping meeting held on
October 29, 2020. In both meetings, the Town was introduced to the inclusion of a
new corridor being studied by TxDOT within the boundaries of the Prosper limits —
shown on the attached Exhibits (Entitled Gold Alternative and Brown Alternative
Segment B Alignments). During the meeting, the Town representatives clearly
expressed non-support for consideration of the new alignment(s), and reaffirmed the
Town's position supporting the existing alignment of U.S. Highway 380 as shown on
the Town's Thoroughfare Plan.
In addition to the Town's reaffirmation of the preferred and recommended alignment,
the Town also shared information related to existing and future developments located
within and along the new Segment B corridor. TxDOT representatives requested that
the Town provide them with any information regarding existing and future
developments within the corridor. On October 23, 2020, the Town provided the
Prosper Development Map to TxDOT for their information and use. The Map identifies
numerous developments under construction, designed or moving through the
development/zoning process within or within the vicinity of the Segment B corridor.
The Town Council discussed the previous communication between Town staff and
TxDOT, additionally, the structure of Resolution No. 2020-87.
After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember
Ray seconded the motion to approve Resolution No. 2020-87 supporting U.S.
Highway 380 as a Controlled Access Highway and strongly opposing the consideration
of the Gold or Brown Alternative Segment B alignments as presented by TxDOT on
October 12 and 29, 2020, due to the negative impacts on existing and future
development within the southeast quadrant of the Town of Prosper since the
alternative alignments are inconsistent with the Town's Thoroughfare Plan and current
alignment of said highway.
The motion was approved by a vote of 7 — 0
Mayor Smith opened Item 18 and 19 concurrently.
18. Consider and act upon a Site Plan, Landscape Plan, and Facade Plan for an auto
parts retail store (AutoZone), on 1.0t acre, located on the east side of Preston
Road, north of Prosper Trail. The property is zoned Planned Development-68
(PD-68). (D20-0028). (AG)
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John Webb, Development Services Director, provided the Town Council information
on the Site Plan, Landscape Plan, and Fagade Plan for an auto parts retail store
(AutoZone). At the October 13, 2020, meeting this item was tabled in order to allow
additional time to evaluate the rear view and reorientation of the AutoZone building.
At the November 10, 2020, meeting this item was tabled to the November 24, 2020,
in order to consider additional architectural elements of the rear building elevation.
Since the meeting, staff has provided the proposed elevations to the Town Architect
in order to identify any potential additional architectural improvements. The Architect
offered the following suggestions, 1) incorporation of an awning over the rear center
widows, and 2) raising the parapet feature over the rear center windows.
Don Silverman representing MQ Properties discussed the landscaping and berms
along Preston Road providing adequate screening of the rear elevation of the building.
Mr. Silverman continued with presenting the Town Council line -of -sight exhibits
depicting the look of the building from Preston Road.
After discussion, Council member Miller made a motion and Councilmember Andres
seconded the motion to approve the Site Plan, Landscape Plan, and Facade Plan for
the auto parts retail store (AutoZone), on•1.0t acre, located on the east side of Preston
Road, north of Prosper Trail, subject to the following:
1. Approval of an amendment to the Development Agreement with MQ Prosper
Retail regarding building orientation.
2. Any rear door facing Preston Road shall be painted a color consistent with the
adjoining masonry materials.
3. The awnings on the back of the building shall be of the same materials and
color as the front awnings.
4. At least two (2) additional mature trees shall be added the berm along Preston
Road.
5. The window materials reflected on the Fagade Elevations along Preston Road
shall be dark tinted glass.
6. The Town -proposed parapet shall remain.
The motion was approved by a vote of 7 — 0.
19. Consider and act upon authorizing the Town Manager to execute a First
Amended Development Agreement between MQ Prosper Retail LLC and the
Town of Prosper, Texas, related to the Shops at Prosper Trail retail
development. (AG)
Councilmember Miller made a motion and Councilmember Andres seconded the
motion to authorize the Town Manager to execute the First Amended Development
Agreement between MQ Prosper Retail LLC and the Town of Prosper, Texas, related
to the Shops at Prosper Trail retail development, subject to the following:
1. The Development Agreement shall reflect that any rear door facing Preston
Road shall be painted a color consistent with the adjoining masonry materials.
2. The awnings on the back of the building shall be of the same materials and
color as the front awnings.
3. At least two (2) additional mature trees shall be added the berm along Preston
Road.
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4. The window materials reflected on the Fagade Elevations along Preston Road
shall be dark tinted glass.
5. The Town -proposed parapet shall remain.
The motion was approved by a vote of 7 — 0.
20. Discussion on Outdoor Lighting Standards. (JW)
John Webb, Development Services Director, discussed with the Council the Town's
current outdoor lighting standards incorporated within Section 6, Chapter 4 of the
Town's Zoning Ordinance. With the increase in the number of proposed playing and
practice fields related to public and private schools, staff received direction to evaluate
the Town's outdoor lighting standards related to these uses. Town staff suggested the
following amendments for sports field lighting:
• Light poles for playing or performance area permitted at a maximum of 80 feet
height.
• Glare control package required (louvers, shields, or similar devices).
Shielded as to not cast direct light on adjacent properties.
• Light beams directed to playing or performance area.
• Lighting for playing or performance area extinguished by 10:00 pm or upon
conclusion of final event, no new event shall start after 10:00 pm.
• Stadium -lit facility minimum of 500 feet from residential use (PISD Children's
Health Stadium is 1,100 feet from nearest residential neighborhood).
In comparing the current standards, not related to sports field lighting, the standards
are consistent with DFW area communities and provide protection for nearby
residential properties. Standards which could be improved is the slight reduction of
the maximum height of parking lot lighting from 30 feet to 25 feet. Additionally, the
maximum height of light poles within 100 feet of a residential property is currently 20
feet. Staff recommends that any light poles within 50 feet of residential property be
further reduced to a maximum of 15 feet.
The Town Council discussed low lumen light fixtures and the use of motion sensors
on light fixtures. Also discussed, the Town of Prosper standards for the height of street
lighting in relation to residential properties. The Town Council was in favor of the
suggested amendments and urged staff to explore innovation to meet the challenges
of sports field lighting and street lighting in relation to adjacent residential properties.
21. Discussion on the Town's Stormwater Drainage Management Program. (DH)
Dan Heischman, Assistant Director of Engineering Services — Development,
discussed the Town's Stormwater Drainage Management Program as a follow up to
the HOA Presidents Meeting that was held virtually on May 14, 2020. The meeting
was attended by nineteen HOA representatives, as well as a few of the Council
members. During the referenced meeting, staff discussed the Town's Stormwater
Drainage Management Program as it relates to the Association's responsibilities
regarding maintenance. Various attendees shared concerns and also asked specific
questions regarding drainage channels or detention ponds within their communities.
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Mr. Heischman discussed the various components of the Town's Stormwater Drainage
Management Program, its evolution since inception in 2014, and what future
improvements are planned.
Mayor Smith had questions on the Stormwater Utility Fee and the Town's use of the
expenditures from it. The Town Council discussed future improvements to the 2017
Drainage Design Standards including the inclusion of standards for subdivision
development to allow for adequate space to facilitate ongoing maintenance with
equipment.
22. Update and give direction on the Downtown Monument located at Preston Road
and Broadway Street. (DR)
Dudley Raymond, Director of Parks and Recreation, provided the Council an update
on the Downtown Monument located at Preston Road and Broadway Street. Halff and
Associates are progressing with the development of the construction drawings for the
downtown monument, to be located at the corner of Preston Road and Broadway
Street. They have submitted a 50% progress set to Texas Department of
Transportation (TxDOT) for their review and comments.
Town staff has also been made aware that TxDOT will only allow two monuments per
TxDOT on -system road per municipality. Staff is asking Council for direction on the
following, which will allow the monument to meet TxDOT standards:
■ Original — leave the monument as previously approved by Council, and do not
install a monument at the northern end of Preston Road.
Option A — rotate the monument so TxDOT considers it a monument for
Broadway Street, and preserve the ability to construct a second monument on
Preston Road.
With this direction from Council, the consultants will be able to complete the
construction drawings and seek TxDOT approval. If this approval from TxDOT can
occur prior to Christmas, it will allow the project to bid sooner than the original
schedule. Halff and Staff continue to push this project in an effort to have it constructed
prior to the original schedule, which had a final completion of August 2021.
The Town Council indicated that Option A, to rotate the monument so TxDOT
considers it a monument for Broadway Street and preserve the ability to construct a
second monument on Preston Road, was acceptable.
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.
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Section 551.074 - To discuss and consider election of Mayor Pro-Tem and
Deputy Mayor Pro-Tem.
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 8:08 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 9.25 p.m.
Councilmember Miller made a motion and Councilmember Hodges seconded the motion to
nominate Jason Dixon as the Town of Prosper Mayor Pro-Tem, and Craig Andres as the Town of
Prosper Deputy Mayor Pro-Tem.
The motion passed by a vote of 7 — 0.
Items for Individual Consideration:
24. Consider and act to authorize the Town Manager to execute a Development
Agreement between BBG Investments, Inc., and the Town of Prosper, Texas,
related to the Downtown Loft Multifamily development. (AG)
Mayor Pro-Tem Dixon made a motion and Councilmember Hodges seconded the
motion to authorize the Town Manager to execute a Development Agreement between
BBG Investments, Inc., and the Town of Prosper, Texas, related to the Downtown Loft
Multifamily development, subject to the following:
1. Upon issuance of a building permit, the Developer shall pay the Town
$600,000.00 for costs or fees incurred by the Town, to be utilized as the Town
in its discretion.
2. The Developer shall construct McKinley Street from 5th Street to the Goodwill
site on Coleman Street and will receive roadway impact fee credits for the
construction and in the event the cost of the roadway construction exceeds the
amount of impact fee credits, the Developer shall be paid by the Town the
excess amount.
3. In the event additional right-of-way must be acquired, the Developer and the
Town shall work together in the acquisition of the right-of-way.
4. The Town will waive all (100%) water and wastewater impact fees.
5. The Town will waive all (100%) building permit fees.
6. The Developer agrees that its multifamily project shall have an assessed value
of at least $36 million the year following the issuance of a certificate of
occupancy and in the event that does not occur, it shall constitute a breach of
the development agreement and all fees waived shall constitute a lien on the
property.
7. All park dedication fees and park improvement fees are waived by the Town.
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8. All electric lines shall be underground except for those along the east side of
the property and along the railroad tracks. Therefore, no overhead lines shall
run on McKinley or street -facing buildings.
9. Drainage will be addressed by relocating detention requirements west of the
railroad tracks, ultimately draining on the Town's public works facility site, as
addressed in the agenda packet.
10. All structures on the property shall be constructed in accordance with an exhibit
attached to the development agreement, and there shall be fencing on the west
side of the property along railroad right-of-way.
11. The development agreement shall have an expiration date 10 years from the
date of execution.
12. Finally, the development agreement shall contain the Town's standard
development agreement provisions addressing legal issues such as sovereign
immunity, notices, default provisions, savings clauses, rough proportionality,
exactions, and indemnification, among others.
The motion was approved by a vote of 7 — 0.
23. Consider and act upon Ordinance No. 2020-88 rezoning 10.0± acres from
Downtown Commercial (DTC) to Planned Development -Multifamily (PD-MF),
located on the northeast corner of Fifth Street and the BNSF Railroad. (Z20-
0005). (AG)
Councilmember Miller made a motion and Councilmember Ray seconded the motion
to approve Ordinance No. 2020-88 rezoning 10.0± acres from Downtown Commercial
(DTC) to Planned Development -Multifamily (PD-MF), located on the northeast corner
of Fifth Street and the BNSF Railroad. (Z20-0005).
The motion was approved by a vote of 7 — 0.
25. Consider and act upon Ordinance No. 2020-89 repealing Ordinance No. 2020-05
and adopting a new Neighborhood Empowerment Zone Number 1 to promote
economic development in the Zone. (AG)
Councilmember Ray made a motion and Deputy Mayor Pro-Tem Andres seconded
the motion to approve Ordinance No. 2020-89 repealing Ordinance No. 2020-05 and
adopting a new Neighborhood Empowerment Zone Number 1 to promote economic
development in the Zone.
The motion was approved by a vote of 7 — 0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting
Deputy Mayor Pro-Tem Dixon requested a future meeting topic regarding Town Council
Subcommittee membership at the December 8, 2020, Town Council meeting.
Adjourn.
The meeting was adjourned at 9:31 p.m. on Tuesday, November 24, 2020.
These minutes approved on the 8th day of December 2020.
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ATTEST:
MelissqLee, n Secretary
APPROVED:
p4A��, b,-�
Ray Smit , Mayor
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