06.22.2021 Town Council Minutes i
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, June 22, 2021
Call to Order/ Roll Call.
The meeting was called to order at 5:45 p.m.
Councilmembers Present:
Mayor Ray Smith
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Charles Cotten
Councilmembers Absent:
Councilmember Meigs Miller
Councilmember Jeff Hodges
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
Kent Bauer, Emergency Management Coordinator
Betty Pamplin, Finance Director
Khara Dodds, Development Services Director
Hulon Webb, Engineering Services Director
Dan Heischman, Assistant Director of Engineering Services - Development
Alex Glushko, Planning Manager
Dudley Raymond, Director of Parks and Recreation
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Scott Brewer, Assistant Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Police Chaplain Isaac Varella led the invocation. The Pledge of Allegiance and the Pledge to the
Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Cotten read the announcements.
The myPROSPER mobile app has a new look, and features several new updates to help residents
connect with the Town. Residents can access the ACE water portal, submit service requests,
and access a variety of online services and information. The app is available to download on
Google Play and the Apple App Store.
The Prosper Economic Development Corporation celebrated an Open House and Ribbon Cutting
on Wednesday, June 18. The newly-remodeled office is located in downtown Prosper on the
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corner of Main Street and Broadway. Visit www.prosperedc.com to find out more about how the
EDC supports businesses in Prosper.
Prosper Fire Rescue is now accepting applications for the Citizens Fire Academy. Participants
who live or work in the Town of Prosper will meet for nine weeks on Thursday evenings from 6:30-
9:00 p.m. at Prosper Fire Station 2. Registration ends on July 19, and classes begin on August
5. Please visit www.prosperfire.com to register.
Children are invited to participate in the Prosper Community Library's Independence Day Parade
on Thursday, July 1, at 10:30 a.m. Mayor Ray Smith, the Town Council, and the Prosper Police
and Fire Departments will join in the fun. Find out more on the Library's Facebook page.
Summer camps and classes are now open for registration through the Prosper Parks and
Recreation Department. Classes available include Baseball Camp, Golf Camp, Soccer Sparks,
and Destination Science. Adult activities include yoga, tennis, outdoor Zumba at Frontier Park,
and a bowling league for Active Adults. Visit www.prosperparksandrec.org for a full list of
programs.
Presentations.
1. EMS for Children -Gold Recognition (SB)
Mr. Samuel Vance, Program Manager for the EMS for Children program (EMSC),
joined via Zoom. The EMSC program is the only federally funded program to ensure
that all children and adolescents receive appropriate emergency medical care when
critically ill or injured. The EMS for Children — Gold Recognition recognized the
Prosper Fire Department for providing exemplarly pediatric emergency care to all
children. Prosper Fire Chief Stuart Blasingame, Assistant Chief Shaw Eft, and Division
Chief Bill Bonny accepted the award. Chief Blasingame also wanted to express his
appreciation to all the hard working firefighters that work on the ambulance each and
every day and who made this recognition possible.
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 of the June 8, 2021, Town Council
meeting. (ML)
3. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Peak Program Value, LLC, and the Town of
Prosper, Texas, related to providing additional cost management of the
construction budget of the Public Safety Complex, Phase 2 (Central Fire Station
and Fire Administration) facility project. (SB)
4. Consider and act upon approving the purchase of one skid steer loader from
RDO Equipment Co., through the Sourcewell Purchasing Cooperative; one
sewer cleaning machine from HotJet USA and one tractor from Landmark
Equipment, through the Texas Local Government Purchasing Cooperative; and
authorizing the Town Manager to execute documents for the same. (FJ)
5. Consider and act upon approving the purchase of manhole rehabilitation
services from Fuquay, Inc., through the Texas Local Government Purchasing
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Cooperative; and authorizing the Town Manager to execute documents for the
same. (FJ)
6. Consider and act upon authorizing the Town Manager to execute a License,
Maintenance and Hold Harmless Agreement between 1385 & 380 Investments
LP, and the Town of Prosper, Texas, related to the installation and maintenance
of landscaping, pedestrian walkways and other associated amenities within
right-of-way of Kent Drive in the Glenbrooke development. (DH)
7. Consider and act upon authorizing the Town Manager to execute an Escrow
Agreement between 1385 & 380 Investments LP, and the Town of Prosper,
Texas, related to the future reconstruction of improvements on US Highway 380
to serve the Westside development. (HW)
8. Consider and act upon Ordinance No. 2021-33 rezoning 5.3± acres from
Downtown Commercial (DTC) to Planned Development-Multifamily (PD-MF), to
facilitate a townhome-style multifamily development, located on the east and
west sides of future McKinley Street, north of Fifth Street. (Z21-0006). (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
Site Plan or Preliminary Site Plan, including Prosper Business Park. (AG)
Mayor Ray Smith commented on Item 8 and commended Harlan and Town staff for
their idea to relocate the detention pond for the downtown multifamily to the west side
of the railroad tracks. Because of this forward thinking and partnership, the developer
was able to preserve 5.3 acres and 30 dwelling units. Town Manager Harlan Jefferson
advised it was Hulon Webb who came up with this solution.
Councilmember Ray made a motion and Deputy Mayor Pro-Tem Andres seconded
the motion to approval all items on the Consent Agenda. The motion passed by a vote
of 5-0.
CITIZEN COMMENTS:
One citizen comment card submitted from Justin Grube but he did not attend the meeting.
Items for Individual Consideration:
10. Conduct a Public Hearing, and consider and act upon a request to amend the
Future Land Use Plan from Medium Density Residential to Retail &
Neighborhood Services, generally located on the northwest corner of Legacy
Drive and Prosper Road. This is a companion case to Z20-0013. (CA20-
0003). (AG)
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11. Conduct a Public Hearing and consider and act upon a request to rezone 5.5±
acres, from Agriculture (A) to Planned Development-Retail (PD-R), for Legacy
Storage, located on the west side of Legacy Drive, north of Prosper Road. This
is a companion case to CA20-0003. (Z20-0013). (AG)
Mayor Smith opened Items 10 and 11 concurrently. The applicant has requested to
table both items until the July 13, 2021 meeting. Deputy Mayor Pro-Tern Andres made
a motion and Councilmember Bartley seconded the motion to table both items to the
July 13, 2021 Town Council meeting. The motion passed by a vote of 7-0
12. Consider and act upon Conceptual Development Plans for Encompass Health,
on 8.2± acres, located on the east side of Mahard Parkway, north of US 380. The
property is zoned Planned Development-47 (PD-47). (D21-0034). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. Per
PD-47, "prior to application for a Preliminary Site Plan on any tract of land within a
given area, a Conceptual Development Plan shall be submitted for each tract, and
receive a recommendation from the Planning & Zoning Commission and be approved
by the Town Council."The Conceptual Development Plans show a 74,473-square-foot
in-patient rehabilitation facility, Encompass Health, which is proposed to be
constructed in two phases. The Conceptual Development Plans also include building
elevations. The building is proposed to be constructed primarily of brick and stone.
The applicant is also proposing the use of metal panels to screen the rooftop mounted
mechanical equipment. While the metal screening is permitted, staff has
recommended the parapet wall be raised to screen the majority of the equipment with
brick and stone. The Conceptual Development Plans conform to the PD-47
development standards. The Planning & Zoning Commission and staff are in support
of this request and recommend approval.
Deputy Mayor Pro-Tem Andres made a motion and Councilmember Cotton seconded
the motion to approve Conceptual Development Plans for Encompass Health, on 8.2±
acres, located on the east side of Mahard Parkway, north of US 380. The motion
passed by a vote of 5-0.
13. Project update for the Dallas North Tollway Design Guidelines. (KD)
Khara Dodds presented an update to the Dallas North Tollway Design Guidelines. Ms.
Dodds reviewed maps showing vacant parcels in the Dallas North Tollway (DNT)
corridor and the existing zoning for property along the corridor.
Ms. Dodds recapped further the idea of developing an Overlay District, as was
previously discussed by previous Development Services Director, John Webb. In an
Overlay District, the base zoning and property rights are still maintained. They can be
effective as a stand alone or in conjunction with a Planned Development. The other
option is Design Guidelines which involves the same type of criteria but it is more of
guiding framework and elevates the community's expections. This option can be most
effective when used in addition to a Planned Development.
Ms. Dodds explained the current progress of developing the Design Guidelines. Part
of this process was meeting with Councilmembers and Town staff. Both Ms. Dodds
and Rebeccca Zook attended the last Developer's Council and gave them a brief
overview of the Design Guidelines. Ms. Dodds and her staff have also reviewed other
communities and the Town's existing plans. One location often brought up to her is
the Grandscape in The Colony and Ms. Dodds recapped some of the other cities she
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has visited. In other communities there is a sense of identity, a theme, and public art,
and all of these elements can be included in the Town of Prosper guidelines.
Ms. Dodds reviewed components of the Town's Comprehensive Plan which
specifically mentions maximizing development along the Dallas North Tollway. She
explained the importance of Public Spaces which allow people to come together and
socialize, which can promote the Live, Work, and Play feel that the Town wants to
incorporate. Public Art is also very important to bring the community together, including
showcasing public artists.
Mayor Smith asked for clarification on the guidelines for the architecture and what
would prevent four gas stations or four liquor stores from developing at all four corners
of an intersection. Ms. Dodds answered that Design Guidelines would not prevent that
from happening, as neither an Overlay District or Design Guidelines would affect
existing zoning or owners' property rights. Mayor Smith requested developing a map
where liquor stores and gas stations would be allowed by right along the DNT corridor.
Councilmember Bartley mentioned a chart that was previously presented by former
Development Services Director John Webb which lists uses that are permitted by right.
Ms. Dodds confirmed that staff will be meeting with land owners along the DNT corridor
so future plans can be discussed. Councilmember Bartley requested a timeline for the
water sewer installation for the DNT corridor. Lastly, regarding landscaping, the
Council inquired how the Town can ensure a consistent appearance along the corridor.
Ms. Dodds responded that there is an extenstive landscaping section in the Zoning
regulations but staff can also look to see different ways to bring uniformity.
Councilmember Ray wanted to know what kind of feedback was given by the
Developers Council. Ms. Dodds answered there wasn't much feedback given other
than requesting the Town start an open communication about the plans in the area.
Deputy Mayor Pro-Tem Andres asked what are the neighboring cities doing along the
DNT corridor. Ms. Dodds answered that the City of Celina will be incorporating an
Overlay District and can work with them to make sure it is consistent.
Ms. Dodds asked the Council to confirm whether they would like staff to pursue the
development of Design Guidelines. Councilmember Ray said he would like a more
hybrid option of both Overlay District and Design Guidelines. Councilmember Bartley
mentioned her concern with doing something different from the surrounding
communities and doesn't want to change what is already allowed in the established
PD's.
Councilmember Cotten joined the discussion stating an Overlay District can give more
strict rules to the propery owners. Ms. Dodds further explained that neither option
would take away existing property rights. Councilmember Ray feels they want to have
structured guidelines instead of only suggestions, as proposed with the Design
Guidelines.
Town staff will prepare the requested maps and list the allowable uses for each
property in the corridor. More information will be presented at a future Town Council
meeting. No further action was taken.
14. Consider and act upon authorizing the Town Manager to accept a grant award
from the U.S. Department of Commerce through the State of Texas Economic
Development Administration (EDA). (KB)
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Emergency Management Coordinator Kent Bauer presented this item before the Town
Council. The Town of Prosper is one of only two municipalities that have been
awarded this grant. With only sixty days to prepare the grant, Town staff utilized
strategic collaborations with our partners to obtain letters of support from various
elected officials, local social service organizations and businesses within the Town.
The $3 million grant will be used for the Lower Pressure Plane Project which will
extend water service to businesses on the west side of Town which includes two
hospitals and the master planned community Windsong Ranch.
Councilmember Ray made a motion and Councilmember Bartley seconded the motion
to accept the grant award from the U.S. Department of Commerice through the State
of Texas Economic Development Administration (EDA). The motion passed by a vote
of 5-0
15. Discussion to review the upcoming budget process and receive Town Council
priorities for incorporation into the FY2021-2022 Proposed Budget. (BP)
Finance Director Betty Pamplin reviewed the current budget calendar detailing
important dates. A few highlights discussed were property valuations and increasing
sales tax revenue. Ms. Pamplin asked the Council to review several budget
considerations, including implementation of the $210 million bond program, items
identified in the Strategic Plan, the compensation market study, merit/step
compensation increases, and supplemental request for 35 new staff positions.
The Town Council Finance Subcommittee recommended the Town Manager present
two optional budgets; one that maintains the current$.52 tax rate, and a second option
that increases the tax rate to fund the first year of the 2020 bond election program.
Other recommendations include considering conducting the Comprehensive Plan
update in-house and reducing the scope of the Traffic Signal
Communications/Connectivity Plan.
Robyn Battle, Executive Director of Community Services, provided an update on the
Strategic Plan. The Policy Top Ten items are on track and approximately 20%
complete. Most of the Management Top Ten items are on track, with 39% of the items
complete, and 4% having encountered some disruption. The Town is using a new
software program, Envisio, to track the progress of the Strategic Plan. Council will
receive monthly updates with the Departmental Monthly Reports. Later this fall, a
public dashboard will be posted on the Town webite so residents will be able to track
the progress of the Plan.
Ms. Pamplin continued the presentation with a review of the Town's benchmark cities,
an overview of the compensation market study. Town Manager Harlan Jefferson will
present another budget update at the July 27, 2021, Town Council meeting. No further
action was taken.
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.
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Section 551.074 - To discuss and consider personnel matters and all matters incident
and related thereto.
The Town Council recessed into Executive Session at 6:45 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 8:11 p.m.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
16. BBQ & Blues Update. (DR)
Dudley Raymond gave an update on the upcoming event. The date is September 25,
2021 at Frontier Park. One idea is to change the name of the Event to "Celebrate
Prosper" and put BBQ & Blues at the bottom. This allows more flexibility to change
food or music options in the future.
CoSery has agreed to sponsor the food by providing barbecue sandwiches.
Community partners include Prosper United Methodist Church, Lighthouse Christian
Fellowship, and Prosper Ladies Association providing hot dogs, beverages, and
dessert, as has been done in previous years.
Recommendations include selling t-shirts to promote the event. Other options are live-
streaming the event so others can participate if not at the event. At this time, staff
recommends continuing the tradition of focusing on non-profit partners at the event,
rather than offering space for vendors. The Council concurred with staff's
recommendations. No further action was taken.
17. Broadband Committee Mission. (HJ)
Town Manager, Harlan Jefferson, reviewed the results of the Broadband study that
was conducted in 2019. Deputy Mayor Pro-Tern Andres asked the Council to provide
direction to the Broadband Committee on it's role and the desired outcomes. Jason
White, a Prosper resident, addressed the Council, noting that fiber to the home is now
the standard in broadband service, and what was acceptable a few years ago is no
longer adequate when it comes to internet service. He asked the Council to come up
with an actionable plan to improve broadband service Town-wide. David Bristol, a
Prosper resident and member of the Broadband Committee, encourage the Council to
provide a vision and direction to the Committee, noting that improving broadband
service may require a change in philosophy. Broadband service is now considered by
some to be a fourth utility, similar to electricity, gas, and water service. After
discussion, the Council asked the Broadband Committee to develop options to
improve broadband service for areas that do not have fiber to the home. Town
Manager Harlan Jefferson recommended the Town focus on the legacy
neighborhoods first, then work on options for large-lot homes. Creative solutions may
include partnerships between the Town, providers, and HOAs. No further action was
taken.
Mayor Smith and the Town Council thanked Town Secretary Melissa Lee for her
service. Ms. Lee is moving to California with her family.
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Deputy Mayor Pro-Tem Andres announced that the Prosper Ladies Association
Summer Lunch Program needs drivers and encouraged the Town Council members
to sign up.
Councilmember Ray requested that Town staff work with the Prosper Historical
Commission to relocate the historical marker at the old post office to Town Hall.
Adjourn.
The meeting was adjourned at 9:14 p.m. on Tuesday, July 13, 2021
012 PRO'
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Ray Smit , Mayor
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Robyn Ba'I-, Interim own Secretary
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