12.08.2020 Town Council MinutesPISPER
OWN OF
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5:45 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Jason Dixon
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Jeff Hodges
Councilmember Meigs Miller
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, December 8, 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 Allegiance and Pledge to the Texas Flag.
Pastor Phil Sallee, 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 Bartley read the announcements.
Prosper Parks and Recreation and CoSery are sponsoring a Light Up The Night Christmas light
display contest. Residents are encouraged to decorate their homes and yards with Christmas
lights for their neighbors to enjoy. Winners will earn bragging rights, a yard sign and a prize. Sign
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up to enter on the Town website by December 13. Judging will take place on December 16 and
17, and winners will be announced via social media on December 18.
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.n3foodpantry.org
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.oLg
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 December 22 Town Council Meeting has been canceled due to the Christmas holiday. The
Town Council would like to wish everyone a very Merry Christmas!
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.
1. Consider and act upon the minutes of the November 17, 2020, Town Council
meeting to Canvass the Election. (ML)
2. Consider and act upon the minutes from the November 24, 2020, Town Council
Meeting. (ML)
3. Receive the October Financial Report. (BP)
4. Consider and act upon Ordinance No. 2020-90 amending Ordinance No. 19-65
(FY 2019-2020 Budget). (BP)
5. Consider and act upon Ordinance No. 2020-91 amending Ordinance No. 2020-71
(FY 2020-2021 Budget). (BP)
6. Consider and act upon Resolution No. 2020-92 to suspend the January 23, 2021
effective date of CoSery Gas Ltd's requested increase to permit the Town time
to study the request and establish reasonable rates. (BP)
7. Consider and act upon approving an interlocal cooperation agreement with the
City of Allen for Mutual Aid for Information Technology Services, and
authorizing the Town Manager to execute an agreement for same. (LJ)
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8. Consider and act upon approving a list of qualified firms to provide professional
park design and related services to the Town of Prosper. (DR)
9. Consider and act upon authorizing the Town Manager to execute a Roadway
Impact Fees Credit Agreement between First Texas Homes, Inc., and the Town
of Prosper, Texas, related to the construction of Coleman Street to serve the
Cambridge Park Estates development. (HW)
10. Consider and act upon authorizing the Town Manager to execute a Water Impact
Fees Credit Agreement between First Texas Homes, Inc., and the Town of
Prosper, Texas, related to the extension of a water line to serve the Cambridge
Park Estates development. (HW)
11. Consider and act to authorize the Town Manager to execute an Amortization and
Settlement Agreement between Lattimore Materials Corporation and the Town
of Prosper, Texas, related to the establishment of a compliance date of the
Lattimore Materials concrete batch plant at 890 Dallas Parkway. (JW)
12. Consider and act to authorize the Town Manager to execute an Amortization and
Settlement Agreement between Argos USA, LLC and the Town of Prosper,
Texas, related to the establishment of a compliance date of the Southern Star
concrete batch plant at 770 Dallas Parkway. (JW)
Mayor Pro-Tem Dixon made a motion and Councilmember Hodges seconded the
motion to approve Items 1 thru 12 on the Consent agenda.
The motion was approved by a vote of 7 — 0.
CITIZEN COMMENTS
Cary Carroll, 4271 Fisher Rd, commented on three Town of Prosper Citizen complaint forms that
he had completed regarding lot -to -lot drainage issues and his lot. Mr. Carroll delivered the forms
to Town Secretary Melissa Lee.
REGULAR AGENDA:
Items for Individual Consideration:
13. Consider and act upon approving Resolution No. 2020-93 supporting Collin
County's contract award for the construction of Frontier Parkway from the
Dallas North Tollway to Preston Road (SH 289), and reaffirming the Town's cost
participation in the project per the terms of the 2018 Interlocal Agreement. (HW)
14. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement between Collin County, the Town of Prosper, and the City of Celina
related to construction inspection services of Frontier Parkway from the Dallas
North Tollway to Preston Road (SH 289). (HW)
Mayor Smith opened Items 13 and 14 concurrently.
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Hulon Webb, Engineering Services Director, provided an overview of the contract
award for the construction of Frontier Parkway from the Dallas North Tollway to
Preston Road (SH 289). At the May 8, 2018, Town Council meeting, the Town Council
approved an Interlocal Agreement between the City of Celina, Collin County, and the
Town of Prosper, outlining the cost participation obligations for the design and
construction of Frontier Parkway from the Dallas North Tollway to Preston Road (SH
289).
On October 22, 2020, Collin County received five (5) Competitive Sealed Proposals
(CSP) for the construction of Frontier Parkway from the Dallas North Tollway to
Preston Road (SH 289). Although the estimated construction cost was significantly
over the $1.5M threshold the Town of Prosper is limited to on utilizing the CSP
Construction alternative procurement method, Counties do not have that legal
restriction. Therefore, Collin County was able to use the Competitive Sealed Proposal
Construction alternative procurement method to allow them to award the project to the
contractor that offers the best value proposal.
The verified cost proposal ranged between $21,917,967.50 to $32,766,170.58, and
the proposed final completion times ranged from 633 calendar days to 960 calendar
days. The Engineer's estimate was $23,760,000, and 960 calendar days. Mario
Sinacola & Sons Excavating, Inc., was the firm that ranked the highest after
consideration of Costs, Time, and Qualifications with a cost of $21,917,957.50, and
project timeline of 693 calendar days.
Per the terms of the 2018 Interlocal Agreement, the Town shall be responsible for a
payment to Collin County of $3,650,000 plus one-third of the difference between the
actual total project cost for the four -lane bridge alternate and $16,000,000. The project
is being built with a six -lane bridge and the City of Celina is providing the additional
funding associated with cost for the design and construction of the other two lanes.
Total project cost includes design, right-of-way acquisition, construction, wetland
mitigation, materials testing and bridge inspection. In addition, the Town will be
responsible for the costs of additional features to the project that will be solely for the
benefit of the Town.
In late 2018, the Town submitted the initial $3,650,000 payment to Collin County. The
current total project cost for a four -lane bridge alternate is $29,033,365, which equates
to the Town's additional participating being one-third of the difference between
$29,033,365 and $16,000,000, or $4,344,455. The costs for the additional features:
sidewalk with pedestrian railings on the south side east and west of the bridge,
standard stamped and stained concrete behind the curb leading up to the bridge, stone
veneer on bridge rail, and PVC sleeves for future median lighting and irrigation added
$861,021.40 to the Town's obligation. This results in a payment of $5,205,476 due to
Collin County by December 31, 2020. The FY2020-2021 Capital Improvement
Program includes $5,750,000 in Account No. 750-6610-10-00-1307-ST. At the close
out of the project, when final costs are determined, an adjustment will be made to the
amount paid by the Town. If the total project cost is less than the payment amount,
the Town will receive a refund from Collin County. If the total project cost is more than
the payment amount, the Town will submit payment to Collin County within 90 days.
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The Town Council discussed the notification process to the residents of Prosper
regarding detours and construction updates. Deputy Mayor Pro-Tem Andres
requested any Broadband opportunities regarding this project be identified by staff.
Councilmember Miller made a motion and Deputy Mayor Pro-Tem Andres seconded
the motion to approve Resolution No. 2020-93 supporting Collin County's contract
award for the construction of Frontier Parkway from the Dallas North Tollway to
Preston Road (SH 289), and reaffirming the Town's cost participation in the project per
the terms of the 2018 Interlocal Agreement.
The motion passed by a vote of 7 — 0.
Engineering Services Director Webb continued with an overview of the Interlocal
Agreement for construction inspection services of Frontier Parkway from the Dallas
North Tollway to Preston Road (SH 289). At the May 8, 2018, Town Council meeting,
the Town Council approved an Interlocal Agreement between the City of Celina, Collin
County, and the Town of Prosper, outlining the cost participation obligations for the
design and construction of Frontier Parkway from the Dallas North Tollway to Preston
Road (SH 289). Since both the City of Celina and the Town of Prosper provide
construction inspection services for their projects, the approved Interlocal Agreement
did not include additional costs for construction inspections services. Instead, the City
of Celina and the Town of Prosper agreed to work jointly on providing the necessary
construction inspection services for the project. Collin County will manage the material
testing and specialized bridge inspection under separate contracts. The cost for those
services were included in the approved Interlocal Agreement.
The purpose of the Interlocal Agreement is to outline the obligations of the City of
Celina, Collin County, and the Town of Prosper, related to construction inspection
services for the Frontier Parkway (DNT — Preston Road) project. The project is
currently expected to begin in early 2021 and take nearly two (2) years to complete.
Councilmember Miller made a motion and Councilmember Hodges seconded the
motion to approve authorizing the Town Manager to execute an Interlocal Agreement
between Collin County, the Town of Prosper, and the City of Celina related to
construction inspection services of Frontier Parkway from the Dallas North Tollway to
Preston Road (SH 289).
The motion passed by a vote of 7 — 0.
15. Discussion on Credit Access Businesses. (JW)
John Webb, Development Services Director, discussed Credit Access Businesses,
aka, Payday Loans, Vehicle Title Loans, that are known to practice abusive and
predatory lending practices, with interest rates of 400% being common. From a land
use perspective, the businesses are a blighting influence on neighborhoods.
Currently, these businesses are permitted by right in any non-residential zoning district
in Prosper and would be treated in the same manner as a bank.
In recognition of limited state and federal regulations, 58 cities in Texas have enacted
business and/or land use regulations regarding credit access businesses. Commonly
found regulations include,
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1. Registration
2. Separation between other credit access businesses
3. Minimum distance from primary thoroughfares and residential districts
The Town Council discussed the proposed land use regulations, specifically the
minimum suggested 1,000 ft. separation for credit access businesses and the
minimum 500 ft. setback from the rights -of -way of Preston Road, Dallas Parkway and
US 380. The Town Council suggested FM 423 as an additional thoroughfare to
consider regarding the 500 ft. setback from thoroughfare right-of-way.
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 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 6:31 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 9:27 p.m.
Councilmember Miller made a motion and Deputy Mayor Pro-Tem Andres seconded the motion
to appoint the following:
• Board of Adjustment/Construction Board of Appeals- Place No. 2 (Alternate) Grant
Mendeljian, Place No. 4 (Alternate) Cliff Freeman and Place No. 6 CJ Alexander
■ Prosper Economic Development Corporation - Place No. 4 David Bristol
• Library Board - Place No. 2 Jennifer Lawler, Place No. 4 Mary Beth Randecker and Place
No. 6 Catherine Kozul
• Parks and Recreation Board - Place No. 2 Gina Kern, Place No. 4 Matthew Cely and Place
No. 6 Matt Furay
• Planning and Zoning Commission - Place No. 2 Mike Pettis, Place No. 4 Doug Charles
and Place No. 6 Chris Long
The motion passed by a vote of 7 — 0.
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Mayor Pro -Tern Dixon made a motion and Councilmember Hodges seconded the motion to
appoint the following:
• Council Broadband Subcommittee - Greg Creek
• Community Engagement Committee - Damon Jackson, Sekou Harris, Trovette Tottress,
Christine Strobush, Josh Carson, Grant Mendeljian, Brent Kirby, Kimberly Loveland, Doyle
Clark, Rodolfo Sierra and Maona Ngwira
The motion passed by a vote of 7 — 0.
Possibly direct Town staff to schedule topic(s). f+or, discussion at a future meeting
16. Town Council Subcommittee Discussion (RB)
Robyn Battle, Executive Director of Community Services, discussed with the Town
Council the four Town Council Subcommittees. Current members are as follows:
• Council TechnologyNERF Subcommittee - Councilmember Meigs Miller and
Deputy Mayor Pro-Tem Craig Andres
• Council Finance Subcommittee - Mayor Ray Smith, Mayor Pro-Tem Jason
Dixon and Councilmember Marcus Ray
• Council Benefits Subcommittee - Mayor Pro-Tem Jason Dixon,
Councilmember Jeff Hodges and Councilmember Amy Bartley
• Council Broadband Subcommittee - Deputy Mayor Pro-Tem Craig Andres,
Councilmember Meigs Miller, Councilmember Marcus Ray, David Bristol of
the Prosper EDC Board and Greg Creek (resident)
Adjourn.
The meeting was adjourned at 9:33 p.m. on Tuesday, December 8, 2020.
These minutes approved on the 12th day of January 2021.
ATTEST:
-A
Melissa Lee, Town ecretary
APPROVED:
e
Ray Smith, Mayor
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