05.11.2021 Town Council Minutes Minutes
Prosper Town Council Meeting
TOWN OF Council Chambers
S P E Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, May 11, 2021
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 6:25 p.m.
Council Members Present:
Mayor Ray Smith
Deputy Mayor Pro-Tem Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Charles Cotten (Elect)
Council Members Absent:
Mayor Pro-Tem Jason Dixon
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 John Fowler, First Presbyterian Church of Prosper, led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
Presentations.
1. Present Oaths of Office and Certificates of Election to Craig Andres and Charles
Cotten. (ML)
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Melissa Lee, Town Secretary, conducted the Oaths of Office and Mayor Smith
presented the Certificates of Election to Craig Andres elected to Town Council, Place
2, and Charles Cotten elected to Town Council, Place 6 in the May 1, 2021, General
Election.
Announcements of recent and upcoming events.
Councilmember Cotten read the announcements.
Thank you to everyone who attended the Town Council Reception prior to tonight's meeting. The
Town Council, residents, friends, and family acknowledged outgoing Councilmember Jason Dixon
for over his many years of service to the Town. Craig Andres was acknowledged for his re-
election, and Charles Cotten was welcomed as a newly elected member of the Town Council.
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 Prosper Community Library will kick off this year's Summer Reading Program on June 1.
This year's theme is "Destination: 7-Continent Exploration." Summer reading participants will
learn all about the continents, their cultures, foods, and natural beauty. Library staff will lead an
exploration of a different continent each week. Teens can participate in the Town's own Amazing
Race, and family-friendly movies will tie into each week's destination continent. Visit the Library's
website or Facebook page for more information.
In addition to the hotspots available for checkout at Prosper Community Library, the parking lot is
now a 24-hour Wi-Fi access point for high-speed internet access. Motorists or pedestrians may
position themselves in the near vicinity of the parking lot and log on. Users must provide their own
laptop or other device to use the free service.
The Prosper Tree Tour will take place on Thursday, May 27, at 5:30 p.m. at Whitley Place Park.
Join Town staff for a walk in the park to learn about trees and foliage and the role trees play in
the life of our community. Bring the family and your sneakers for this relaxed, informal, and fun
evening! Visit the Parks & Recreation website or Facebook page for more information.
Mayor Smith presented a Proclamation to Chief Kowalski recognizing the week of May 9-15,
2021, as Police Week and May 15, 2021, as Peace Officers' Memorial Day in honor of law
enforcement officers who have made the ultimate sacrifice, or who have become disabled in
service to their community.
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 27, 2021, Town Council
meeting. (ML)
3. Receive the Quarterly Investment Report. (BP)
4. Receive the March Financial Report. (BP)
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5. Consider and Act upon authorizing the Town Manager to execute an
Intergovernmental Joint Use Agreement between the Town of Prosper and the
Prosper Independent School District with regard to the Town's use of tennis
courts at Rogers Middle School and Rushing Middle School in consideration of
waiving tree preservation fees for High School Site Number Three. (DR)
6. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Teague Nall and Perkins, Inc. (TNP), and the Town
of Prosper, Texas, related to the Tanners Mill Park Phase 2 (2108-PK). (DR)
7. Consider and act upon authorizing the Town Manager to execute an Escrow
Agreement between Blue Star Allen Land, L.P., and the Town of Prosper, Texas,
related to the future construction of improvements on Legacy Drive to serve Star
Trail Phase 7. (HW)
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 North Dallas Cemetery, North
Preston Village, and Prosper Business Park. (AG)
Councilmember Ray made a motion and Councilmember Hodges 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:
9. Conduct a Public Hearing, and consider and act upon a request to rezone
Planned Development-86 (PD-86) to Planned Development (PD), on 63.3± acres,
to allow for an age-restricted single family detached, condominium
development, located on the west side of Custer Road, south of First Street.
(Z20-0027). (AG)
Alex Glushko, Planning Manager, provided an overview of the request for a Planned
Development (PD) District to facilitate an age-restricted (55 and older), private gated
community, which consist of a maximum of 248 single family detached condominium
units located on one lot. The condominium style development will allow for individual
purchase of the interior dwelling space of each unit, with the dwelling exterior, yard,
street, etc., to be owned and maintained by a community association. The proposed
development does not fall under the standard Zoning Ordinance classification of a
single family detached or multifamily district. To facilitate this project the applicant is
proposing a series of plans and standards to define the regulations for the
development.
Mayor Smith opened the public hearing.
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John Delin with the Integrity Group discussed the Ladera Prosper Project, an active
adult condominium development featuring smaller, low maintenance homes with
active lifestyle amenities.
The Town Council discussed the proposed molded or pre-cast composite fence
material Simtek and the proposed berms, landscaping, fencing, and trails along Custer
Road. Councilmember Bartley suggested granting the requested waiver of the tree
mitigation requirements for trees located within the floodplain to offset the cost of the
required berms along Custer Road. Mr. Delin answered questions on development
sidewalks and building "setbacks" with this proposal.
Brent Kirby, 3410 Beachwood Drive, Whitley Place HOA Board Member, spoke in
support of Item 9.
George Dupont, 1400 Harvest Ridge Lane, spoke in opposition to item 9 due to the
requested deviations and variances from the Town's ordinances and standards by the
applicant.
With no one else speaking, Mayor Smith closed the public hearing.
After discussion, Councilmember Miller made a motion and Deputy Mayor Pro-Tem
Andres seconded the motion to approve the request to rezone Planned Development-
86 (PD-86) to Planned Development (PD), on 63.3± acres, to allow for an age-
restricted single family detached, condominium development, located on the west side
of Custer Road, south of First Street subject to:
1. The requirement of berms is along Custer Road south of Street A;
2. Any areas proposed for Simtek fencing shall be required to be board-on-
board with caps wood fencing consistent with Town ordinances;
3. Full compliance with tree mitigation standards and requirements.
Building materials and enhanced landscaping along Custer Road north of Street A
shall be included in a development agreement.
The motion passed by a vote of 7 — 0.
10. Conduct a Public Hearing, and consider and act upon Ordinance No. 2021-25
amending the Thoroughfare Plan to realign segments of Mahard Parkway,
Lovers Lane, Prairie Drive, and Shawnee Trail. (CA21-0003). (AG)
Dan Heischman, Assistant Director of Engineering Services— Development, reviewed
the Thoroughfare Plan as it currently depicts segments of Mahard Parkway, Lovers
Lane, Prairie Drive, and Shawnee Trail in the configuration of a "football". In 2019, the
property owners of land in the "football" contacted Town staff expressing interest in
instigating a study to evaluate the impacts of a realignment of the subject roadway
segments. In 2020, the property owners contracted with the Deshazo Group to
perform an analysis. A study was completed in 2021, which demonstrates the
realignment does not have a detrimental impact on circulation and traffic flow in the
area. The Engineering Department has reviewed the study and is supportive of the
proposed realignment.
Mayor Smith opened the public hearing.
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With no one speaking, Mayor Smith closed the public hearing.
Mr. Heischman continued by confirming for the Town Council that there would be no
intersection treatment or roundabout at the intersection of Shawnee Trail and Prairie
Drive.
After discussion Councilmember Hodges made a motion and Councilmember Ray
seconded the motion to approve Ordinance No. 2021-25 amending the Thoroughfare
Plan to realign segments of Mahard Parkway, Lovers Lane, Prairie Drive, and
Shawnee Trail.
The motion passed by a vote of 7 — 0.
11. Consider and act upon Ordinance No. 2021-26 amending Ordinance No. 2020-71
(FY 2020-2021 Budget). (BP)
12. Consider and act upon authorizing the Town Manager to accept a grant award
from FHWA Congestion Mitigation and Air Quality (QMAQ) Improvement
Program Funds through the North Central Texas Council of Governments
(NCTCOG) for Traffic Incident Management Grant (TIM). (SB)
13. Consider and act upon approving the purchase of Thermal Image Cameras and
related equipment from NAFECO, Inc., through the Texas Local Government
Purchasing Cooperative. (SB)
Mayor Smith opened Items 11, 12, & 13 concurrently.
Betty Pamplin, Finance Director, began with providing the Town Council information
on the budget amendment that will increase Grant revenue by $71,705 to account for
acceptance of the grant award from the Texas Department of Transportation (TxDOT)
through North Central Texas Council of Governments (NCTCOG), and increase
expenditures by $71,705 to allocate funding for the purchase of 8 thermal imaging
cameras and 64 traffic safety vests. Stuart Blasingame, Fire Chief, continued with
clarifying the provided totals regarding the NAFECO safety vests and answered
general equipment questions from the Town Council.
After discussion Councilmember Meigs made a motion and Deputy Mayor Pro-Tern
Andres seconded the motion to approve Ordinance No. 2021-26 amending Ordinance
No. 2020-71 (FY 2020-2021 Budget).
The motion passed by a vote of 7 — 0.
Councilmember Ray made a motion and Councilmember Hodges seconded the
motion to authorize the Town Manager to accept a grant award from FHWA
Congestion Mitigation and Air Quality (QMAQ) Improvement Program Funds through
the North Central Texas Council of Governments (NCTCOG) for Traffic Incident
Management Grant (TIM).
The motion passed by a vote of 7 — 0.
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Deputy Mayor Pro-Tem Andres made a motion and Councilmember Hodges seconded
the motion to approve the purchase of Thermal Image Cameras and related equipment
from NAFECO, Inc., through the Texas Local Government Purchasing Cooperative.
The motion passed by a vote of 7 — 0.
14. Discussion on Downtown Silos. (HJ)
Harlan Jefferson, Town Manager, discussed the Town's response regarding the
Downtown Silo properties and provided a timeline of property events and
communication points to the public. Mr. Jefferson noted ongoing concerns by the
property owner regarding liability and maintenance of the silos and discussed
continued efforts by the Town to preserve specific silos. The Town Council had
questions on various lease or purchase options for the Downtown Silos and site
properties by the Town, and the associated liabilities of each.
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 8 Recreation Board, Library
Board, Prosper Economic Development Corporation Board, and Planning 8
Zoning Commission.
The Town Council recessed into Executive Session at 8:54 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 9:42 p.m.
Councilmember Hodges made a motion and Councilmember Bartley seconded the motion to
appoint Meigs Miller as Mayor Pro-Tem and Craig Andres as Deputy Mayor Pro-Tern.
The motion passed by a vote of 7 — 0.
Councilmember Hodges made a motion and Deputy Mayor Pro-Tem Andres seconded the motion
to appoint Sekou Harris to the Planning and Zoning Commission, Place 1, to fill the unexpired
term of Charles Cotten who was elected to Town Council, Place 6.
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The motion passed by a vote of 7 — 0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
15. Town Council Subcommittee Discussion. (RB)
The Town Council appointed Councilmember Cotten as Council Representative to the
Town of Prosper Finance and Benefits Subcommittees.
Councilmember Ray requested a future meeting discussion item on the use of the Town Hall
balconies. The Town Council directed staff to use the MRAP vehicle on a case-by-case basis.
Adjourn.
The meeting was adjourned at 9:50 p.m. on Tuesday, May 11, 2021.
These minutes approved on the 25th day of May 2021.
APPROVED:
Ray Smit , Mayor
ATTEST:
Melissa Lee, T wn ecretary
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