08.10.2021 Town Council Minutes i
Minutes
Prosper Town Council Meeting
TOWN OF Council Chambers
S P ER Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, August 10, 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-Tern 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
Dudley Raymond, Parks & Recreation Director
Todd Rice, Communications Manager
Rebecca Zook, Executive Director of Development and Infrastructure Services
Frank Jaromin, Director of Public Works
Khara Dodds, Development Services Director
Hulon Webb, Engineering Services Director
Alex Glushko, Planning Manager
Chuck Springer, Executive Director of Administrative Services
Betty Pamplin, Finance Director
Stuart Blasingame, Fire Chief
Shaw Eft, Assistant Fire Chief
Bryan Ausenbaugh, Fire Marshal
Scott Brewer, Assistant Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Police Chaplain John Herring 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 following announcements:
This morning, the North Central Texas Trauma Regional Advisory Council Board of Directors has
approved the Cardiac and Heart Safe Community committee's recommendation to award
Prosper Fire Rescue and the Town of Prosper with the "Heart Safe Community" recognition. The
Heart Safe Community program recognizes community efforts toward protecting citizens from the
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effects of heart disease and sudden cardiac death. A formal presentation to Prosper Fire Rescue
will be conducted in December
The Town of Prosper is holding a general Town Hall Budget Meeting to share information on the
proposed budget for next fiscal year. The meeting will be held on Thursday, August 26 at 6:00
p.m. at Prosper Town Hall. Residents may also attend via Zoom. Town staff will present
highlights from the FY 2021-2022 budget and will be available to answer questions.
The Prosper Fire Department will hold a special 9/11 Remembrance Ceremony commemorating
the 20th anniversary of 9/11 on Saturday, September 11, at 7:30 a.m. outside Town Hall. A blood
drive will be held on September 10th and 11th as part of our annual Ceremony. More information
and a link to sign up for the blood drive are available on the Town Facebook page.
The Town Council would like to wish all Prosper students, parents, and teachers a safe and
successful school year.
Councilmember Bartley expressed appreciation for the hard work from the Prosper Ladies
Association who assisted in the reduced or free lunch program for children this summer. They
helped 248 children by serving 21,000 meals. Cornerstone's Back to School Event was a
success. They helped over 300 families with backpacks, school supplies and outfits.
Mayor Smith reminded everyone that with school starting soon to remember to drive slowly in
school zones for the safety of our children.
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 27, 2021 Town Council
Meeting. (RB)
2. Consider and act upon Ordinance No. 2021-38 establishing the 2021 certified
appraisal roll. (BP)
3. Consider and act upon scheduling a Public Hearing on the FY 2021-2022
Proposed Budget. (BP)
4. Consider and act upon scheduling a Public Hearing for the FY 2021-2022
proposed tax rate. (BP)
5. Consider accepting submission of the 2021 no-new-revenue tax rate of
$0.481842 per $100 taxable value and the voter-approval tax rate of $0.539436
per $100 taxable value. (BP)
6. Receive the June financial report. (BP)
7. Receive the Quarterly Investment Report. (BP)
8. Consider and act upon Resolution No. 2021-39 approving a negotiated
settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos
Energy Corp., Mid-Tex Division regarding the company's 2021 rate review
mechanism filing. (BP)
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9. Consider and act upon Resolution No. 2021-40 authorizing the placement of
orders for the purchase of replacement vehicles in FY 2021-2022 to realize
current incentives related to said purchase with payment to be made from the
Town's Vehicle Equipment and Replacement Fund (VERF) in FY 2021-2022. (BP)
10. Consider and act upon ratifying an emergency purchase expenditure to Prime
Controls, Inc. related to the Town's Supervisory Control and Data Acquisition
(SCADA) System. (FJ)
11. Consider and act upon Ordinance No. 2021-41 renaming a segment of a Prosper
Road to Prosper Trail, located between Teel Parkway and Legacy Drive. (MD21-
0004) (AG)
12. 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 Gates of Prosper Multifamily,
Prosper Business Park, and Rheas Mill Baptist Church. (AG)
Councilmember Hodges made a motion and Deputy Mayor Pro-Tern Andres seconded
the motion to approve all items on the Consent Agenda. The motion was approved by
a vote of 7-0.
CITIZEN COMMENTS
There were no citizen comments.
Items for Individual Consideration:
13. Conduct a Public Hearing, and consider and act upon a request to amend a
portion of Planned Development-40 (PD-40), on 16.9± acres, Windsong Ranch
Marketplace, located on the north side of US 380, east of Gee Road, in order to
facilitate the development of two (2) drive-through restaurants. (Z21-0007). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. Town
staff has received a request to amend a portion of Planned-Development-40 for
Windsong Ranch Marketplace for two restaurants, Swig and Salad n Go. Neither
restaurant offers sit-down seating; both are primarily a drive-through business. There
are concerns about the potential for repurposing buildings under 1,000 square feet if
either should go out of business. The applicant has noted the large open space
surrounding the buildings, which could be utilized in the future, should another
business need more space. Mr. Glushko confirmed that the request complies with the
Town's standard traffic stacking requirements for drive-through restaurants.
Responding to a question regarding traffic congestion and cut-through traffic, Director
of Engineering Services Hulon Webb responded that the Town is working with TxDOT
to maximize the signal timing at the U.S. 380 and Gee Road intersection. Once the
widening starts on U.S. 380 and the overpass is built at Teel Road, Gee Road, and
Legacy Road, the congestion should be improved.
The Council discussed whether adjusting the orientation of the building could
maximize the stacking capacity. Mr. Glushko shared staff's concerns regarding the
small size of the buildings should either go out of business. The Planning & Zoning
Commission recommended denial of the request noting concerns with traffic
congestion.
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Mayor Smith opened the Public Hearing.
Kevin Wier with Spiars Engineering addressed the Council regarding traffic congestion
concerns.
With no one else speaking, Mayor Smith closed the Public Hearing.
After discussion, Councilmember Cotten made a motion and Mayor Pro-Tern Miller
seconded the motion to approve a request to amend a portion of Planned
Development-40 (PD-40), on 16.9± acres, Windsong Ranch Marketplace, located on
the north side of US 380, east of Gee Road, in order to facilitate the development of
two (2) drive-through restaurants, subject to the approval of a Development
Agreement. The motion was approved by a vote of 6-1, with Councilmember Hodges
voting in opposition.
14. Conduct a Public Hearing, and consider and act upon a request to rezone 163.2±
acres, from Planned Development-90 (PD-90) to Planned Development (PD), to
facilitate the development of a single family residential subdivision with private
social club, located on the north side of First Street, east of Coit Road. (Z20-
0021). (AG)
Mayor Pro-Tem Miller made a motion and seconded by Councilmember Ray to table
Item 14 to the August 24, 2021, Town Council meeting. The motion was approved by
a vote of 7-0.
15. Consider all matters incident and related to the issuance and sale of the Town
111 of Prosper, Texas Combination Tax and Surplus Revenue Certificates of
Obligation, Series 2021, including the adoption of an ordinance appointing a
representative of the Town and delegating to the representative certain matters
with respect to the sale of the Certificates; establishing parameters for the
approval of such delegated matters; approving the use of a Paying
Agent/Registrar Agreement and an engagement letter of Bond Counsel;
ordering the levy of an annual ad valorem tax and the pledge of utility revenues
for the payment of the Certificates; and enacting other provisions relating to the
issuance and sale of Certificates. (BP)
Betty Pamplin, Director of Finance, presented this item before the Town Council. On
June 8, 2021, the Town Council approved a resolution directing staff to publish notice
of the Town's intent to issue a maximum of$7,450,000 in Town of Prosper Certificates
of Obligation for planned capital projects. It is anticipated that a competitive sale of
the Certificates will occur the week of August 16-20th.
Dan Culver, Bond Counsel, and Jason Hughes, Hilltop Securites, were both attending
via Zoom. Responding to a question from Council, Chuck Springer, Executive Director
of Administrative Services, responded that Town staff has been seeing interest rates
of approximately 1.9%, which is lower than the maximum interest rate indicated for the
Certificates of Obligation.
After discussion, Councilmember Ray made a motion and Deputy Mayor Pro-Tem
Andres seconded the motion to adopt Ordinance No. 2021-42 authorizing the issuance
of the Town's Combination Tax and Surplus Revenue Certificates of Obligation, Series
2021, appointing a representative of the Town and delegating to the representative
certain matters with respect to the sale of the Certificates, and enacting other
provisions relating to the issuance and sale of the Certificates. The motion was
approved by a vote of 7-0.
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16. Consider all matters incident and related to the issuance and sale of the Town
of Prosper, Texas General Obligation Bonds, Series 2021, including the
adoption of an ordinance appointing a representative of the Town and
delegating to the representative certain matters with respect to the sale of the
Bonds; establishing parameters for the approval of such delegated matters;
approving the use of a Paying Agent/Registrar Agreement; ordering the levy of
an annual ad valorem tax for the payment of the Bonds; and enacting other
provisions relating to the issuance and sale of the Bonds. (BP)
Betty Pamplin, Director of Finance, presented again to Council regarding the Issuance
of the 2021 General Obligation Bonds. This will be the first issuance of the$210 million
authorized by voters in the November 2020 Bond Election. Proceeds from the sale of
the Bonds will be used to fund planned capital projects including Proposition A not to
exceed $18,000,000 for certain public safety facilities, Proposition B, not to exceed
$2,200,000 for parks and recreational facilities, and Proposition C, not to exceed
$19,800,000 for streets, roads, bridges, and intersections.
After discussion, Councilmember Hodges made a motion and Councilmember Ray
seconded the motion to adopt Ordinance No. 2021-43 authorizing the issuance of the
Town's General Obligation Bonds, Series 2021, appointing a representative of the
Town and delegating to the representative certain matters with respect to the sale of
the Bonds, and enacting other provisions relating to the issuance and sale of the
Bonds. The motion was approved by a vote of 7-0.
17. Submission of the FY 2021-2022 Proposed Budget and Budget Message by the
Town Manager.(BP)
Finance Director Betty Pamplin presented this item before the Town Council. The FY
2021-2022 Proposed Budget was submitted to the Town Council under separate
cover. Ms. Pamplin explained that this item does not require any action, and she
reviewed the remaining key dates in the budget approval process. The Public Hearing
for the Proposed Budget will be held on August 24, and a public meeting will be held
on August 26. The Town Council will consider the Proposed Budget for adoption at
the September 14, 2021, Town Council meeting. No further action was taken.
18. Consider and act upon a proposed FY 2021-2022 property tax rate. (BP)
Betty Pamplin presented this item before the Town Council. State law requires the
Town to hold one public hearing and publish a newspaper notice if proposing to
consider a tax rate that exceeds the no-new-revenue rate or the voter approval rate,
whichever is lower. The Town Council may adopt a tax rate that is lower than the
proposed rate, but it cannot be higher. Staff recommended the Town Council propose
the rate of fifty-two cents ($0.52) per $100 valuation. Ms. Pamplin reviewed previous
years' tax rates and tax revenue.
Councilmember Hodges made a motion and Mayor Pro-Tern Miller seconded the
motion to place a proposal to adopt a FY 2021-2022 tax rate of fifty-two cents ($0.52)
per one hundred dollars ($100) of valuation on the September 14, 2021, Town Council
Agenda. The Town Councilmembers voted as follows:
Councilmember Hodges — for
Deputy Mayor Pro-Tem Andres — for
Mayor Smith — for
Mayor Pro-Tme Miller —for
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Councilmember Ray —for
Councilmember Bartley—for
Councilmember Cotten —for
The motion was approved by a vote of 7-0.
19. Central Fire Station & Fire Administration 100% Design Development Project
Update. (SB)
Fire Chief Stuart Blasingame presented this item before the Town Council. BRW
Architects, Inc. has completed 100% Design Development of the new Central Fire
Station & Fire Administration Project. The floor plans and exterior/interior perspectives
were presented, and the project is still within budget. Construction documents will be
presented to Council in November 2021.
Chief Blasingame expressed his appreciation for the work done by Town staff, Pogue,
and BRW in making adjustments to the project such as changing the limestone
benches to wood, and reducing the size of the roof overhang, which helped reduce a
$1.2 million overage to get the project back within budget. No further action was taken.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
20. Update on Town Hall Honor Walls. (DR)
Dudley Raymond, Parks & Recreation Director, reviewed the concept designs for the
Honor Walls that were prepared by Randall Scott Architects. The proposed design has
a brick façade that matches Town Hall, with a sloped limestone cap on top and
limestone pavers at the bottom. Low ground cover will surround the monument, which
will be lit from spotlights mounted on the ground. The six military seals and two public
safety seals will be either bronze or aluminum. Upon Council's approval, Town staff
will proceed with development of construction documents.
Council agreed with the designs developed by the architect and directed staff to
proceed with construction of the Honor Walls as proposed. 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.
Section 551.071 —Consultation with Town Attorney regarding Town of Prosper v. C.W.
Young Construction Co., L.P., et al., Cause No. 17-7725-367, pending in the 431st
111 Judicial District Court of Denton County, Texas.
The Town Council recessed into Executive Session at 7:01 p.m.
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Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 7:51 p.m. No action was taken as a result
of the Closed Session.
Adjourn.
The meeting was adjourned at 7:51 p.m. on August 10, 2021.
These minutes approved on the 24th day of August 2021.
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Robyn Batt 'interim Town Secr-tary
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