07.27.2021 Town Council Minutes Minutes
Prosper Town Council Meeting
T 0 W N 0 1~ Council Chambers
S P E Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, July 27, 2021
Prosper is a place where everyone matters. 5:45 PM
Call to Order/ Roll Call.
The meeting was called to order at 5:45 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tern Meigs Miller
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Jeff Hodges
Councilmember Charles Cotten
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Executive Director of Community Services
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Chuck Springer, Executive Director of Administrative Services
Todd Rice, Communications Manager
Leigh Johnson, Director of Information Technology
Betty Pamplin, Finance Director
Khara Dodds, Development Services Director
Hulon Webb, Engineering Services Director
Alex Glushko, Planning Manager
Dudley Raymond, Director of Parks and Recreation
Frank Jaromin, Director of Public Works
Paul Naughton, Parks Planning Manager
Leslie Scott, Director of Library Services
Jessica Hotchkin, Help Desk Technician
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Jim Lugar of 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.
A Groundbreaking Ceremony for the Frontier Parkway Expansion Project will be held on Tuesday,
August 3, at 9:00 a.m. near the north entrance of Prosper ISD Stadium. The joint project between
the Town of Prosper, the City of Celina, and Collin County will improve the existing two-lane
roadway to a four-lane, ultimate six-lane, divided roadway between the Dallas North Tollway and
Preston Road, including an overpass over the BNSF Railroad.
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Beginning today, a Frontier Parkway detour will be in place from Talon Lane to Victory Way as
contractors mobilize for the Frontier Parkway project. Traffic will be routed south along Talon Lane
and Victory Way to Coleman Street. The detour is expected to reopen prior to school starting on
August 11. Project information and details are available on the CIP Dashboard located on the
Engineering web page.
Applications are now being accepted for residents to serve on the Town Boards and
Commissions. The deadline to submit an application is Thursday, August 5. More information
about the Board and Commission application process, including an online application form, is
available on the Town website.
The Town is excited to offer our very first Citizens Academy this fall. The ten-week program will
provide an in-depth look at Town operations and programs through interactive experiences and
activities. Registration opened on Thursday, and we are happy to say the first class is already full.
Thank you to everyone who registered, and we look forward to offering this program on an annual
basis.
The new Prosper Post Office will hold a Ribbon Cutting Ceremony tomorrow, July 28, at 9:00 a.m.
at their new location on Coleman Street. Starting at 8:00 a.m., the Prosper Fire and Police
Departments and the Town Council will join the post office in a parade from Central Fire Station
to Town Hall, the Police Station, and ending at the post office just prior to the Ribbon Cutting
ceremony.
Town Manager, Harlan Jefferson, introduced the new Communications Manager, Todd Rice, who
comes to the Town with over eight years of municipal government experience.
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 from the July 13, 2021, Town Council
Regular Meeting. (RB)
2. Consider and act upon adopting Ordinance No. 2021-35 repealing existing
Article 8.04, "Curfew for Minors," of Chapter 8, "Offenses and Nuisances," of
the Code of Ordinances and adopting a new Article 8.04, "Curfew for Minors."
(DK)
3. Consider and act upon approving the expenditure for additional software
licenses of the Town's computer-aided dispatch and record management
systems for Public Safety, from Integrated Computer Systems, Inc., a sole
source provider. (LJ)
4. Consider and act upon Ordinance No. 2021-36 amending Section 12.09.004
"School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code
of Ordinances by modifying the limits and hours of operation of such zones.
(HW)
5. Consider and act upon awarding CSP No. 2021-52-B to Ratliff Hardscape, Ltd.,
related to construction services for the Decorative Monument Signs — Fishtrap
Road at Teel Parkway project; and authorizing the Town Manager to execute a
construction agreement for same. (HW)
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6. Consider and act upon awarding CSP No. 2021-38-B to Reliable Paving, Inc.
related to construction services for Prosper Public Works Roadway
Improvements 2021 project; and authorizing the Town Manager to execute a
construction agreement for same. (FJ)
7. Consider and act upon awarding CSP No. 2021-43-B to Jagoe-Public Company
related to construction services for Miscellaneous Asphalt Improvements 2021
project; and authorizing the Town Manager to execute a construction agreement
for same. (FJ)
8. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between 104 Prosper, L.P., and the Town of Prosper, Texas, related
to the Brookhollow Multifamily development. (RZ)
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 Eagle Crossing, Gateway Church,
and Prosper Chiropractic. (AG)
Councilmember Bartley recused herself from participating in the vote on Item 9 of the Consent
Agenda and left the Council Chambers.
Council Member Ray made a motion and Council Member Cotten seconded the motion to
approve all items on the Consent Agenda. The motion was approved by a vote of 6-0.
Council Member Bartley returned to the Council Chambers.
CITIZEN COMMENTS
Rex Glendenning at 13267 FM 428 in Celina, Texas spoke regarding the proposed DNT Overlay
District. Mr. Glendenning and his partners own property at the southwest corner of the Dallas
North Tollway (DNT) and First Street. A zoning case was presented last year for a Quik Trip and
he and his partners met with Town Staff and felt he had Town staff approval. The case was
presented to the Planning & Zoning Commission in 2020, and then on to the Town Council, where
it was requested that the item be tabled while the Council discussed a potential overlay district for
the area. Mr. Glendenning is under contract with Quik Trip and is waiting to move forward on the
project. He expressed his concern about the delays related to this zoning case and feels he has
done what the Council has requested. He would like to proceed with the seven acres he has left
to develop.
Items for Individual Consideration:
10. Consider and act upon a resolution of the Town Council of the Town of Prosper,
Texas, declaring the necessity to acquire certain properties for right-of-way
sanitary sewer easements, access easements, and drainage easements for the
construction of the First Street (Coit Road - Custer Road) 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
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Attorney to institute condemnation proceedings to acquire the property if
purchase negotiations are not successful. (HW)
Hulon Webb, Director of Engineering, began by stating the construction of First Street
(Coit Road — Custer Road) project has now reached a critical milestone. The project
is on schedule to begin in Summer 2022 and to be completed Spring 2024 in line with
the opening of Prosper High School number three There are approximately seven
acres of right-of-way that need to be aquired along with 1.2 acres of easements. There
are in total 14 tracts of land that are owned by various developers Mr. Webb gave an
explanation of the Town's aquisition process. In some instances the Town can offer
an Impact Fee Credit Agreement for developers or the Town can also incorporate
improvements to the property. If no agreement can be met with the property owner,
the Town has no choice but to file a condemnation agreement, which is the last resort.
It is not anticipated that any or 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.
Mr. Webb confirmed there are 14 parcels of land and negotiations have started with
some of the developers.
Mayor Pro-Tern Miller made a motion and Councilmember Hodges seconded the
motion to approve Resolution No. 2021-37 declaring the necessity to acquire certain
properties for right-of-way sanitary sewer easements, access easements, and
drainage easements for the construction of the First Street (Coit Road - Custer Road)
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 motion was approved by a vote of 7-0, with the Councilmembers voting as follows:
Councilmember Cotten - for
Councilmember Hodges -for
Councilmember Bartley - for
Deputy Mayor Pro-Tem Andres - for
Mayor Smith - for
Mayor Pro-Tern Miller - for
Councilmember Ray —for
11. Update on the Dallas North Tollway regarding land uses and design standards.
(KD)
Director of Development Services, Khara Dodds, updated Council on the DNT Design
Guidelines. Executive Director of Development and Infrastructure Services, Rebecca
Zook joined the meeting via Zoom. Ms. Zook shared the status and history of
determining these guidelines. This project began in response to Council's desire to
guide the rapid growth along the three-mile DNT corridor in Prosper. Former Director
of Development Services, John Webb, started the process in the Fall of 2020 with the
idea of an overlay district which would provide development standards along the
corridor. The proposal sparked concern among property owners regarding their
existing property rights and land value. After these concerns were brought forward,
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staff was instructed to create a set of development guidelines, rather than an overlay
district, that would capture vision of this area and set the tone for these critical three
miles in Prosper. Ms. Zook asked Ms. Dodds to continue with the presentation.
Ms. Dodds explained the difference between an overlay district and general design
guidelines, and reviewed a set of proposed desired uses versus restricted uses. With
these guidelines, staff wants to give flexibility and sensitivity to existing property
owners. Council has expressed a preference for family-friendly businesses,
entertainment, and office uses along the corridor as well as design standards for
landscaping and architecture.
The general intent of the guidelines is to elevate the community's expectations for
developers, property owners, and the public. The Town can communicate these
expectations by making the process predictable. The proposed guidelines would not
take away existing zoning entitlements or property rights and would communicate the
Town Council's preferred vision for development along the corridor. The Town can
help achieve this vision by providing incentives such as providing relief for height and
density requirements, and economic incentives such as sales tax or property tax
rebates, impact fee credits or waivers.
The next step would be to continue dialogue with the development community and
share the proposed guidelines with the Prosper Developers Council in August. Staff
will also continue to collaborate with the Prosper Economic Development Corporation
(PEDC) on developing a vision for the DNT. Town staff plans to present the proposed
guidelines to the Planning & Zoning Commission on August 17 and to the Town
Council on August 24 or September 14.
Mayor Smith recognized the following individual who requested to speak:
Matt Moore of Claymoore Engineering at 301 S. Coleman, Prosper, spoke regarding
this agenda item, stating that developers along the tollway have legitimate concerns
with the proposed guidelines. He feels this situation presents an opportunity to
collaborate with integral stateholders and urged the Council to slow the process down
and continue a collaborative dialogue.
The Council emphasized that their intent is not to take away any existing property
rights, and that a collaborative process with developers is needed to create a shared
vision for the DNT corridor. Council directed staff to continue communication and
collaboration with the development community and the public. Town Manager Harlan
Jefferson confirmed that after this discussion, the current timeline can be disregarded
and the new goal is to have a plan in place by the end of 2021.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
12. Update on Funding of Capital Projects and 2020 Bond Program. (HJ)
Town Manager Harlan Jefferson presented this item before the Town Council. The
2020 Bond Committee recommended to the Town Council a $210 million bond
program spread over three propositions. Initial projections indicated that the Town
would need a 7.5-cent property tax rate increase to fund the program. In November
2020, the Town Council asked to revisit the issue and Town staff determined only a
five-cent tax rate increase would be needed. In July 2021, Council again asked staff
to review revenue projections to see if the bond program could be funded without a
tax rate increase. Mr. Jefferson reviewed projected property tax valuations and current
revenue projections.
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Town staff has developed a bond tracking dashboard to provide more transparency to
the public on the bond projects, and to track the ongoing progress of the 2020 bond
program. The dashboard will be available on the Town website by mid-August. Details
of the projects will be available through Smartsheet along with the Town's other Capital
Improvements Projects.
Mr. Jefferson reviewed the major initial bond projects that will occur over the next three
years. He reviewed a table of the Bond Election Tax Rate Assumptions, and per
Council's direction, intends to submit a proposed budget for FY 2021-2022 that does
not include an increase in the property tax rate. No further action was taken.
13. Discussion on Park Land Dedication and Park Improvement Fee update. (DR)
Parks & Recreation Director Dudley Raymond presented this item before the Town
Council. The Town's Parks fees are comprised of two components; a park land
dedication fee, which helps ensure the Town acquires a sufficient amount of park land,
and park improvement fees, which help cover the cost of construction for parks and
related facilities. Mr. Raymond reviewed a map that shows the neighborhoods served
by current parks, and areas that will need neighborhood parks to be developed in the
future, within a half-mile service area. Town staff uses National Recreation and Park
Association (NRPA) guidelines to determine the park land dedication requirement that
will be needed by the Town, based on the Town's desired level of service, the number
of dwelling units in the Town, and the number of persons perhousehold. Using current
density and dwelling unit numbers, Town staff believes the current park land dedication
fee is sufficient.
Park improvement fees are based on several factors, including the cost of
development, the amount of undeveloped land available, funds already committed
through existing development agreements and planned developments. It is anticipated
that community parks will be funded by bonds, and not through park improvements
fees. Park improvement fees also do not cover the construction of facilities, such as
a senior center or recreation center. Mr. Raymond reviewed the park improvement
fees and park land dedication rate for the Town's comparison cities, although each city
calculates these fees differently. Based on the data that has been collected, Town
staff recommended the Town's park improvement fees be increased from $1,500 per
dwelling unit (/du) to $2,160/du for single family residential, and from $2,000/du to
$2,880/du for multi-family residential. Town staff recommended the park land
dedication fees and park improvement fees be reviewed every few years to ensure the
fees are in line with existing conditions and projected demand for parks.
Mr. Raymond explained that the recent bond election, which allocated up to$30 million
for park improvements, was intended for a ten-year window, versus what the Town
would need at ultimate buildout. The Town's park fees have not been raised since
2010, and additional funds will be needed through fees, bonds, or other revenue
sources in order to fully fund the parks system through buildout.
After discussion, the Council directed Town staff to conduct a comprehensive
evaluation of all development fees, including park fees. The Council expressed
concern over the impact a fee increase would have on developers. The Council is not
in favor of a park fee increase at this time No further action was taken.
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Mayor Smith recognized the following individual who requested to speak on Item 12:
David Bristol, Chairman of the Bond Committee, wanted to add his comments to
agenda item 12. He express his belief that Prosper citizens would prefer the bond
projects to be completed sooner rather than pushing them back to the seven to ten
year range. The community wants to see Fire Station #4 on the ground immediately
and Parks built immediately. He encouraged the Council to accelerate the
construction of the bond projects.
14. Discussion on Parks and Recreation Field User Fee update. (DR)
Parks & Recreation Director Dudley Raymond presented this item before the Town
Council. When the synthetic fields at Frontier Park were originally built, the consensus
was they were being paid for by the Town residents and should be limited to residents.
The Town's current ordinance states that for a team to use the synthetic fields, it must
be made up of 80% Prosper residents. Town staff is recommending a change to the
ordinance that would allow teams to use the fields for tournaments, even if the majority
of the team does not reside in Prosper. Local groups would have first priority and are
looking at two to three tournaments a year so current staff can handle the extra
responsibilities.
Mayor Smith recognized the following individuals who requested to speak on this item:
Justin Grube, 16621 Spence Park Lane, Prosper, spoke in favor of the item, stating
that he feels that the Town should allow more outside tournaments in Prosper which
promotes advancement for our kids and also brings in business to the Town. Prosper
teams often go to other towns and facilities and it would benefit the Town and the
players to be able to stay in Prosper.
Cassie Furler, 3700 Edgefield Lane, Bedford, spoke in favor of the item. She is the
National Director for Flag Football Championship Tour and runs all the youths
divisions, addressed the Council on typical tournament fee structure. She recently
attended a tournament which included hundreds of teams. She has never seen a fee
structure similar to the Town's. She is very particular when it comes to fields and is
hoping to find fields where it can be an annual event. She also feels the Prosper fields
are very competitive and is excited by what we have to offer.
Town staff was directed to re-examine the current Tournament fee structure and come
back to a future Town Council meeting with an updated policy and fee schedule. 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.
Section 551.074 — To discuss and consider personnel matters and all matters
incident and related thereto.
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The Town Council recessed into Executive Session at 7:36 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 8:02 p.m. No action was taken as a result
of the Closed Session.
Adjourn.
The meeting was adjourned at 8:02 p.m. on July 27, 2021.
These minutes - the 10th day of August 2021.
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APPROVED:
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Ray Smith, ayor
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Robyn Ba I , Inter! Town ecretary
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