03.09.2021 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
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Jeff Hodges
Councilmember Meigs Miller
Council Members Absent:
Deputy Mayor Pro-Tem Craig Andres
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, March 09, 2021
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
Khara Dodds, 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 Jim Lugar, Life Journey 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.
The Town Council would like to express our gratitude to Prosper ISD for their assistance during
the recent winter storm. Freezing conditions and icy roads caused several local gas stations to
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run low on fuel. Prosper ISD transportation staff allowed Fire Department vehicles to refuel at
PISD's main fueling station, and also opened the Rock Hill location for first responders only.
Thanks to their generous assistance, Prosper Public Safety staff remained ready and able to
respond to emergency calls. Special thanks go out to Curtis McDonald, Supervisor of Fleet
Operations; Director of Transportation Annamarie Hamrick, Deputy Superintendent Dr. Greg
Bradley; and Superintendent Dr. Holly Ferguson for their assistance during the emergency.
Our newest virtual Book Club is featuring this year's One Book, One Town selection, Here in the
Real World, by Sara Pennypacker. You can view the latest book club discussion on the Library's
YouTube channel.
The Prosper Community Library is hosting a community blood drive. The Carter BloodCare Bus
will be parked at the Library on March 16 & 17 from 7:30 a.m. to 6:00 p.m. Visit the Library's
Facebook page to learn more about the event and to sign up online.
The Pecan Grove Park Public Input Meeting will take place during a special meeting of the Parks
and Recreation Board on Wednesday, March 17, in Council Chambers. A Zoom link will be
provided on the Agenda for those who wish to attend virtually.
The Mayor's Fitness Challenge continues through April 18. Residents are encouraged to walk or
run at least 100 miles or bike at least 300 miles. Turn in your completed tracking sheets by April
23 to receive a free t-shirt and the opportunity to win a Fitbit.
Town Manager Harlan Jefferson introduced Khara Dodds, the new Development Services
Director 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.
1. Consider and act upon the February 13, 2021, Town Council Strategic Planning
meeting minutes. (MIL)
2. Consider and act upon the February 23, 2021, Town Council Minutes. (MIL)
3. Receive the January financial report. (BP)
4. Consider and act upon awarding CSP No. 2021-29-B to C. Green Scalping, LP,
related to construction services for the Downtown Monument Sign (1922-PK);
and authorizing the Town Manager to execute a construction agreement for
same. (DR)
5. Consider and act upon authorizing the Town Manager to execute a Third
Amended Annexation Agreement between Y-C Nurseries, Inc., and the Town of
Prosper, Texas, related to a wireless communication and/or support structure,
on 12.4± acres, generally located north of US 380, west of Dallas Parkway. (PC)
6. Consider and act upon Ordinance No. 2021-13 rezoning 55.8± acres, located on
the west side of Good Hope Road, south of Parvin Road, from Agricultural (A)
to Planned Development-40 (PD-40), generally to incorporate tracts of land into
the Windsong Ranch development. (Z20-0023). (SI)
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7. Consider and act upon authorizing the Town Manager to execute a Second
Amended Development Agreement between VP Windsong Operation, LLC and
VP Windsong Investments, LLC, and the Town of Prosper, Texas, related to the
Windsong Ranch development. (SI)
Mayor Pro-Tem Dixon removed Item No. 8 from the Consent Agenda.
Councilmember Miller made a motion and Councilmember Hodges seconded the
motion to approve Items 1 thru 7 on the Consent Agenda.
The motion was approved by a vote of 6 — 0.
8. 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, including Denton ISD Middle School, No. 9
and Oncor Electric Substation. (SI)
Town of Prosper Senior Planner Scott Ingalls answered questions on the site plan for
the Oncor Electric Substation, specifically, the screening wall and landscaping. Oncor
Project Manager Seth Sampson discussed the increased reliability to Prosper
residents the substation would offer. Thomas Fletcher with Kimley-Horn discussed
site landscaping and the screening wall.
Mayor Pro-Tem Dixon made a motion and Councilmember Ray seconded the motion
to approve the Denton ISD Middle School, No. 9 site plan.
The motion was approved by a vote of 6 — 0.
Mayor Pro-Tem Dixon made a motion and Councilmember Bartley seconded the
motion to approve the proposed Oncor site plan, with a revision to the proposed
landscaping with 4-inch caliper trees 20 feet on center, with all landscaping subject to
Town staff approval.
The motion was approved by a vote of 6 — 0.
CITIZEN COMMENTS:
There were no citizen comments.
REGULAR AGENDA:
Items for Individual Consideration:
9. Consider and act to authorize the Town Manager to execute a Development
Agreement between Founders Classical Academy of Prosper and the Town of
Prosper, Texas, related to the Founders Classic Academy Charter School
development on the southwest corner of First Street and Custer Road. (RZ)
Rebecca Zook, Executive Director of Development & Infrastructure Services, provided
the Town Council a historical overview of this item. At the January 12, 2021, February
9, 2021, and February 23, 2021, Town Council meetings, this item was tabled to allow
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the applicant additional time to consider revisions that would allow for enhancements
to the north side building elevation, landscaping berming along First Street and Custer
Road, and the future use of temporary/modular buildings. Since the last meeting the
applicant has incorporated berms into the proposed development along Custer Road.
The Town Council had questions on the proposed ornamental metal fence location
and discussed the proposed landscaping for the dumpster enclosure.
After discussion, Mayor Pro-Tem Dixon made a motion and Councilmember Ray
seconded the motion to approve the Development Agreement between Founders
Classical Academy of Prosper and the Town of Prosper, Texas, related to the
Founders Classic Academy Charter School development on the southwest corner of
First Street and Custer Road.
The motion was approved by a vote of 6 — 0.
10. Consider and act upon Resolution No. 2021-14 of the Town Council of the Town
of Prosper, Texas, declaring the necessity to acquire certain properties for right-
of-way and drainage easements for the construction of the Fishtrap Road
(Stuber Elementary School - Dallas North Tollway) project; determining the
public use and necessity for such acquisition; authorizing the acquisition of
property rights necessary for said Project; appointing an appraiser and
negotiator as necessary; authorizing the Town Manager to establish just
compensation for the property rights to be acquired; authorizing the Town
Manager to take all steps necessary to acquire the needed property rights in
compliance with all applicable laws and resolutions; and authorizing the Town
Attorney to institute condemnation proceedings to acquire the property if
purchase negotiations are not successful. (HW)
Hulon Webb, Engineering Services Director, presented information on Resolution
2021-14 declaring the necessity to acquire certain properties for right-of-way and
drainage easements for the construction of the Fishtrap Road (Stuber Elementary
School - Dallas North Tollway) project. As with other similar road construction projects,
it is not anticipated that all parcels will require the use of eminent domain to complete
the acquisition process, however, staff is requesting advance authorization to pursue
acquisition by eminent domain if standard negotiations are unsuccessful.
Councilmember Ray made a motion and Councilmember Miller seconded the motion
to approve Resolution No. 2021-14 of the Town Council of the Town of Prosper, Texas,
declaring the necessity to acquire certain properties for right-of-way and drainage
easements for the construction of the Fishtrap Road (Stuber Elementary School -
Dallas North Tollway) project; determining the public use and necessity for such
acquisition; authorizing the acquisition of property rights necessary for said Project;
appointing an appraiser and negotiator as necessary; authorizing the Town Manager
to establish just compensation for the property rights to be acquired; authorizing the
Town Manager to take all steps necessary to acquire the needed property rights in
compliance with all applicable laws and resolutions; and authorizing the Town Attorney
to institute condemnation proceedings to acquire the property if purchase negotiations
are not successful. The Town Council voted as follows:
Councilmember Miller: Approve
Mayor Smith: Approve
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Deputy Mayor Pro -Tern Dixon: Approve
Councilmember Hodges: Approve
Councilmember Ray: Approve
Councilmember Bartley: Approve
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.
The Town Council recessed into Executive Session at 6:30 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 7:10 p.m.
Councilmember Miller made a motion and Councilmember Hodges seconded the motion to
approve the recently revised development agreement with BBG Investments, Inc., and authorize
the Town Manager to execute it on behalf of the Town.
The motion was approved by a vote of 6 — 0.
Councilmember Miller made a motion and Councilmember Hodges seconded the motion to
approve the revisions to the Town Manager Harlan Jefferson's Employment Agreement as
discussed in closed session, and authorize the Mayor to execute the agreement on behalf of the
Town.
The motion was approved by a vote of 6 — 0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting
11. Community Engagement Committee Update (RB)
Robyn Battle, Executive Director of Community Services, briefed the Town Council
on the Community Engagement Committee. The Committee held its first meeting on
March 3, 2021, at 6 p.m., in Council Chambers and broadcast via Zoom. All 11
Committee members were present with three Council representatives present,
Councilmember Bartley, Councilmember Hodges, and Councilmember Miller, with
Deputy Mayor Pro -Tern Andres attending some of the meeting. The Committee
discussed the proposed scope, purpose, and structure of the group with the next
meeting set for March 24, 2021, and regular meetings occurring the first Wednesday
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of the month in Council Chambers and via Zoom. The Committee appointed Sekou
Harris as Chairman and Rodolfo Sierra as Vice Chairman. Councilmember Hodges
commented positively on the level of engagement from the Committee.
Councilmember Bartley was impressed with the discussions from the group and how
well they worked together. Councilmember Ray noted a resident panel with a diverse
geographic location within the Town of Prosper and thanked Mrs. Battle for her
assistance with the Community Engagement Committee.
Adjourn.
The meeting was adjourned at 7:18 p.m. on Tuesday, March 9, 2021.
These minutes approved on the 23rd day of March 2021.
ATTEST:
Melissa Lee, Tow Secretary
APPROVED:
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Ray Smithl Mayor
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