04.27.2021 Town Council Minutes Minutes
Prosper Town Council Meeting
TOWN OF Council Chambers
S P E Prosper Town Hall
250 W. First Street, Prosper, Texas
Prosper is a place where everyone matters.
Tuesday, April 27, 2021
Call to Order/ Roll Call.
The meeting was called to order at 5:47 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tern Jason Dixon
Deputy Mayor Pro-Tern Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Councilmember Marcus E. Ray
Councilmember Amy Bartley
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
Leslie Scott, Director of Library Services
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 Connor Bales, 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.
BNSF Railroad will be replacing the current concrete pavement on either side of the tracks at the
Prosper Trail intersection. The concrete will be removed and repoured to allow a smoother
transition over the tracks. The dates for the upcoming repair will be posted on the Town's
Facebook page once they are available.
Page 1 of 8
The Prosper Police and Fire Departments and Prosper ISD PD held a Drug Take Back event this
past Saturday and collected their highest volume ever. A total of 20 boxes of expired, out of date,
and unused medications were collected, keeping these drugs off the streets and out of our water
supply.
Prosper Fire Rescue has been recognized for their dedication and commitment to excellence in
pediatric care. "EMS For Children" is a federally recognized and funded program whose purpose
is to improve the quality and care of pediatric patients nationwide. After a lengthy evaluation of
our entire pediatric care delivery system, which includes EMS protocols, advanced level
equipment, specialized training, participation in injury prevention initiatives and community
outreach, Prosper Fire Rescue received the EMS For Children Gold Level recognition. The formal
presentation of the award will be scheduled at an upcoming council meeting.
The Town's Engineering Services Department will host a virtual public meeting regarding Fishtrap
Road Construction and Landscaping from Teel to Stuber Elementary on Thursday, April 29, at
6:00 p.m. via Zoom. Visit the Town's Facebook page for more information.
Election Day for the Prosper Town Council and Prosper ISD School Board Elections is this
Saturday, May 1, from 7:00 a.m.-7:00 p.m. Collin County Residents may vote at Prosper Town
Hall or any Collin County Vote Center. Prosper residents who reside in Denton County may vote
at Prosper Fire Station 2 on Teel Parkway. A full list of polling locations and hours is available on
the Town website.
The Prosper Public Safety Chaplains will host a National Day of Prayer Event on Thursday, May
6, at noon, outside the south entrance of Prosper Town Hall. Limited seating will be available,
and residents are encouraged to bring lawn chairs or blankets. This annual observance is held
on the first Thursday of May, inviting people of all faiths to pray for our nation.
Prosper residents are encouraged to contribute their ideas to the Downtown Master Plan, a joint
project between the Town and the Prosper Economic Development Corporation. Visit the Prosper
EDC Facebook page to learn more about the project, complete a survey, and share your ideas
for downtown.
The Neighbors Nourishing Neighbors Hot Dogs and Hot Rods event has a new location in
downtown Prosper. Enjoy vintage cars, live music, vendors, and of course, hot dogs, on Saturday,
May 8, from 5:00-8:00 p.m. Drop off your nonperishable food donations in the shopping carts
located throughout the downtown area. Visit n3foodpantry.org for more information.
A reception will be held on May 11 at 5:00 p.m. in the Town Hall lobby to honor and acknowledge
outgoing Councilmember Jason Dixon, to congratulate Councilmember Craig Andres for his
unopposed re-election, and to welcome the newly elected Councilmember for Place 6.
The Council would like to take a moment to acknowledge Mayor Pro-Tern Dixon during tonight's
meeting for his many years of service to the Town.
Councilmember Ray congratulated Rock Hill High School for their recent victories at the state
wrestling tournament. Councilmember Ray thanked Jim Wicker for his service as the former
President of the Prosper EDC and congratulated David Bristol as the recently appointed President
of the Prosper EDC.
Page 2 of 8
Deputy Mayor Pro-Tem Dixon expressed gratitude to everyone for his time on the Prosper Town
Council.
Presentations.
1. Library Volunteer Recognition. (LS)
Leslie Scott, Director of Library Services, recognized Library volunteer Jagannath
Ravindran for his 6 years with the Prosper Library and his recent Certificate of Merit
award from the National Merit Scholarship Program. Jagannath Ravindran is currently
ranked 7th at Prosper High School graduating in May 2021.
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.
2. Consider and act upon the minutes from the April 13, 2021, Town Council
Meeting. (ML)
3. Consider and act upon Resolution No. 2021-18 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)
4. Consider and act upon Ordinance No. 2021-19 rezoning 9.5± acres from Planned
Development-65-Single Family (PD-65) to Office (0) District, located on the
northwest corner of Mahard Parkway and Prairie Drive. (Z21-0002). (AG)
5. Consider and act upon authorizing the Town Manager to execute a First
Amended Development Agreement between Prosper Villages at Legacy, LLC,
and the Town of Prosper, Texas, related to the Prosper Center
development. (AG)
6. Consider and act upon an Ordinance No. 2021-20 amending Subdistrict 4 of
Planned Development-67 (PD-67), on 71.4± acres, generally to modify the single
family development standards, and to allow for retail uses in the residential
neighborhood subdistrict of the Gates of Prosper, located on the northwest
corner of Preston Road and Lovers Lane. (Z21-0001). (AG)
7. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between 380 & 289, L.P., and the Town of Prosper, Texas, related to
the Gates of Prosper. (AG)
8. Consider and act upon Ordinance No. 2021-21 amending Subdistrict 1 of
Planned Development-67 (PD-67), on 44.1± acres, located on the northwest
corner of US 380 and Preston Road, generally to modify the boundary,
developments standards, and concept plan. (Z21-0004). (AG)
9. 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
Page 3 of 8
Site Plan or Preliminary Site Plan, including Prosper ISD Elementary School, No.
15 and Wild Fork Foods. (AG)
Mayor Pro-Tern Dixon made a motion and Deputy Mayor Pro-Tern Andres seconded
the motion to approve all items on the Consent Agenda.
The motion passed by a vote of 7 — 0
CITIZEN COMMENTS:
There were no citizen comments.
REGULAR AGENDA:
Items for Individual Consideration:
10. Consider and act upon Ordinance No. 2021-22 amending Ordinance No. 2020-71
(FY 2020-2021 Budget). (BP)
Chuck Springer, Executive Director of Administrative Services, provided the Town
Council information on the budget amendment that will cover landscape plant loss that
occurred during the winter freeze in early February 2021.
Dudley Raymond, Director of Parks and Recreation, discussed with the Town Council
the type of replacement landscaping that would be purchased and the timing of
planting it. Staff has received quotes for 4,210 plants as well as for the mulch and
bedding material that will be required. The cost is as follows:
• Plants — $ 49,900
• Mulch / bedding material — $ 11,837
The Town is receiving separate bids for the labor to remove the dead shrubs/grasses,
install new plants, repair any irrigation damage, clean up and mulch beds. Staff
estimates this cost to be approximately $100,000.00.
Councilmember Hodges made a motion and Councilmember Ray seconded the
motion to approve Ordinance No. 2021-22 amending Ordinance No. 2020-71 (FY
2020-2021 Budget).
The motion passed by a vote of 7 — 0.
11. Conduct a Public Hearing, and consider and act upon a request to amend the
Future Land Use Plan from Medium Density Residential to Tollway District,
generally located on the south side of Frontier Parkway, east of Dallas Parkway.
This is a companion case to Z20-0026. (CA20-0004). (AG)
12. Conduct a Public Hearing, and consider and act upon a request to amend
Planned Development-69 (PD-69), on 74.3± acres, generally to amend the
residential tract to allow for non-residential uses, located on the southeast
corner of Dallas Parkway and Frontier Parkway. This is a companion case to
CA20-0004. (Z20-0026). (AG)
Page 4 of 8
Mayor Smith opened Item 11 and 12 concurrently.
111 Alex Glushko, Planning Manager, provided the Town Council an overview of Item 11
regarding amending the Future Land Use Plan from Medium Density Residential to
Tollway District, and Item 12 regarding amending Planned Development-69 to allow
for non-residential uses.
The Town Council discussed any public opposition received to date regarding this
development, the fence line running on the north side of the Lakes of Prosper North
subdivision, and the proposed landscaping.
Matt Moore with Claymoore Engineering, Inc., discussed the use of a board-on-board
fence style on top of the retaining wall located on the north side of the Lakes of Prosper
North subdivision and addressed the issue of single-story restrictions on building
height. Setbacks from the buffer line and landscaping as a visual screen was
discussed.
Mayor Smith opened the public hearing.
Chris Bozic, 920 Waterview Drive, spoke in opposition to Item 12 and commented on
the negative line of sight that could occur with the proposed business development
adjacent to his property.
Jeremy Whistler, 851 Waterview Drive, spoke in opposition to Item 12 and wanted the
area to remain residential.
Ron and Jeanine Kirk, 991 Waterview Drive, submitted a comment card expressing
their support of the Lakes of Prosper North Enclave rezoning effort.
With no one else speaking, Mayor Smith closed the public hearing.
The Town Council discussed the proposed allowable non-residential uses regarding
this site with Mr. Moore.
Mayor Smith re-opened the public hearing.
Dev Khosla, 871 Waterview Drive, spoke in opposition to Item 12 and supported
removal of the cross access between the Lakes of Prosper North and the subject tract.
Mayor Smith closed the public hearing.
After discussion Mayor Pro-Tern Dixon made a motion and Councilmember Miller
seconded the motion to approve the request to amend the Future Land Use Plan from
Medium Density Residential to Tollway District, generally located on the south side of
Frontier Parkway, east of Dallas Parkway.
The motion passed by a vote of 7 — 0.
Councilmember Miller made a motion and Councilmember Ray seconded the motion
to approve the request to amend Planned Development-69 (PD-69), on 74.3± acres,
generally to amend the residential tract to allow for non-residential uses, located on
the southeast corner of Dallas Parkway and Frontier Parkway subject to:
Page 5 of 8
(1) No cross access between the Lakes of Prosper North and the subject tract, and
Developer, in a development agreement, agrees to pay for the costs of right-of-way
abandonment for that right-of-way currently reflecting cross access between the Lakes
of Prosper North and the subject tract;
(2) Building materials and the prohibition of non-family friendly business
establishments shall be included in a development agreement;
(3) Developer shall endeavor to maintain an 8-foot fence, board-on-board with a cap,
on the north side of the Lakes of Prosper North subdivision; and
(4) Only one-story structures are allowed within 84 feet of the south property line of
Tract 2.
The motion passed by a vote of 7 — 0.
13. Consider and act upon approving Resolution No. 2021-23 strongly opposing the
proposed alignment of FM 1461 from SH 289 (Preston Road) to FM 2478 (Custer
Road). (HW)
Hulon Webb, Engineering Services Director, discussed the proposed alignment of FM
1461 from SH 289 (Preston Road) to FM 2478 (Custer Road) by TxDOT. The
proposed alignment affects the existing trees and landscape berms along the corridor.
In addition, TxDOT's decision to construct a new bridge south of the existing bridge,
instead of widening both sides of the existing bridge, further compound the inequity of
111 additional right-of-way required on the south side of the roadway.
Since TxDOT has commenced with completing the design of the project without
addressing the Town's comments and is currently engaged in the right-of-way
acquisition phase of the project, it is necessary that the Town provide a resolution
strongly opposing the proposed alignment of FM 1461 from SH 289 (Preston Road) to
FM 2478 (Custer Road). Resolution No. 2021-23 also requests TxDOT stop all
negotiations on the proposed right-of-way until an alternative design is considered to
address the Town's comments.
George Dupont, 1400 Harvest Ridge Lane, spoke in favor of Item 13 stating the
proposed alignment of 1461 with the ultimate six-lane configuration is not in keeping
with Prospers vision of wide-open spaces.
The following submitted a comment card expressing support for Item 13:
• Paul Dietz, 2501 Fair Oaks Lane, Prosper
• Eric and Pamela Nishimoto, 1021 Harvest Hill Dr., Prosper
Mayor Pro-Tem Dixon made a motion and Councilmember Hodges seconded the
motion to approve Resolution No. 2021-23 strongly opposing the proposed alignment
of FM 1461 from SH 289 (Preston Road) to FM 2478 (Custer Road).
The motion passed by a vote of 7 — 0.
Page 6 of 8
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.
The Town Council recessed into Executive Session at 7:24 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
14. Consider and act upon awarding RFP No. 2021-35-B Construction Manager-At-
Risk for Public Safety Complex Phase 2 (Central Fire Station and Fire
Administration) to Pogue Construction Co., LP; and authorizing the Town
Manager to execute documents for the same. (SB)
Stuart Blasingame, Fire Chief, discussed awarding RFP No. 2021-35-B Construction
Manager-At-Risk for Public Safety Complex Phase 2 (Central Fire Station and Fire
111 Administration) to Pogue Construction Co. The proposals received were evaluated by
the evaluation committee comprised of 11 members representing Fire, Police,
Development Services, Administrative Services, Building Inspections, Information
Technology, and the Town's contracted architect for this project. Upon completion of
the evaluation, Pogue Construction Co., LP, was the top-ranked contractor. The entire
project budget is $18,000,000.00 with the construction budget for this project at
$14,300,000.00.
Mayor Pro-Tem Dixon made a motion and Mayor Smith seconded the motion to table
Item 14 until the May 11, 2021, Town Council Meeting to allow for additional review
time of the materials submitted.
The motion failed by a vote of 3 — 4 with Deputy Mayor Pro-Tern Andres,
Councilmember Ray, Councilmember Hodges, and Councilmember Miller opposed.
Councilmember Ray made a motion and Councilmember Miller seconded the motion
to approve awarding RFP No. 2021-35-B Construction Manager-At-Risk for Public
Safety Complex Phase 2 (Central Fire Station and Fire Administration) to Pogue
Construction Co., LP; and authorizing the Town Manager to execute documents for
the same.
The Town Council discussed the construction budget for this project of
$14,300,000.00. Roby Bledsoe with Pogue Construction reviewed the design process
and the expected timing of updates that will be provided to the Town Council on
construction costs.
The motion passed by a vote of 6— 0 with Councilmember Bartley abstaining.
Page 7 of 8
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
15. Thoroughfare Plan Amendment (Football Discussion). (DH)
Dan Heischman, Assistant Director of Engineering Services — Development,
discussed with the Town Council the Thoroughfare Pan Amendment. In 2010, the
Town's Thoroughfare Plan was amended at the request of the adjacent property
owners showing the alignments of Prairie/Shawnee Drives and Mahard/Lovers Lane
curving into one another (the football) to facilitate traffic in the area. The Planned-
Development for Prosper West was amended in 2017 and followed with a Preliminary
Site Plan showing a squared-up intersection and considered a roundabout with the
condition that the Thoroughfare Plan be amended, and a traffic study provided.
The Town Council expressed favor in the squared-up intersection option provided by
staff as it was more conducive to economic development. Staff will present the
Thoroughfare Plan Amendment for consideration at the June 8, 2021, Town Council
Meeting.
16. Legislative Update. (RB)
Robyn Battle, Executive Director of Community Services, began with reviewing the
Town's Legislative Agenda with the Town Council. Mrs. Battle continued with
providing an update on the CSP (Competitive Sealed Proposal) Legislation with
delegates testifying in the House Urban Affairs Hearing on April 21, 2021. Mrs. Battle
discussed recommended bills to support and oppose noting Town staff will continue
to monitor these and other bills as they move through the legislative process.
Mayor Smith and the Town Council each thanked Mayor Pro-Tem Dixon for his commitment
and service to the Prosper Town Council.
Adiourn.
The meeting was adjourned at 9:34 p.m. on Tuesday, April 27, 2021.
These minutes approved on the 11th day of May 2021.
APPROVED:
Ray Smith Mayor
ATTEST: ‘`00-V 'P R p�
Melissa Lee, Tow Secretary •
•:�
Page8of8