09.14.2021 Town Council MinutesIOSPER
WN OF
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5:46 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Councilmember Marcus E. Ray
Councilmember Jeff Hodges
Councilmember Charles Cotten
Councilmember Amy Bartley
Council Member Absent:
Deputy Mayor Pro-Tem Craig Andres
MINUTES
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, September 14, 2021
5:45 PM
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Executive Director of Community Services
Michelle Lewis Sirianni, Town Secretary
Leslie Scott, Director of Library Services
Paul Naughton, Parks Planning Manager
Todd Rice, Communications Manager
Rebecca Zook, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Services Director
Frank Jaromin, Director of Public Works
Khara Dodds, Development Services Director
Alex Glushko, Planning Manager
Chuck Springer, Executive Director of Administrative Services
Betty Pamplin, Finance Director
Leigh Johnson, IT Director
James Edwards, Human Resources Director
Stuart Blasingame, Fire Chief
Shaw Eft, Assistant Fire Chief
Doug Kowalski, Police Chief
Scott Brewer, Assistant Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Matt Lankenau, Gateway Church, led the invocation. The Pledge of Allegiance and the
Pledge to the Texas Flag were recited.
Announcements of recent and upcoming events.
Page 1 of 11
Thanks to everyone who attended the annual 9/11 Remembrance Ceremony held by Prosper Fire
Rescue and Prosper ISD this past Saturday. The joint event was a very special remembrance of
the many lives lost on September 11th. The community donated 128 pints of blood, which
exceeded our goal by 38 pints. That is the equivalent of 384 lives saved by donating blood.
The Prosper Community Library has a full schedule of fall activities all season. Check the Library
and Parks and Recreation Facebook pages for more information.
Please join us for "Celebrate Prosper" in Frontier Park on Saturday, September 25, for live music
in Frontier Park. Bring your blankets, lawn chairs, and a picnic and settle for an evening of live
blues and jazz music. Free hot dogs will be provided by the Town Council. Please visit
CelebrateProsper.org for more information.
Prosper Fire Rescue would like to thank the Tellus Group, the developer of Windsong Ranch,
for donating a vacant house for emergency training purposed for Prosper Public Safety
Personnel. The Tellus staff also assisted with the removal of a swarm of bees at the training
site. Their quick action allowed our staff and other local fire departments to safely continue their
training.
Presentations.
Presentation of a Proclamation to members of the Shawnee Trail Chapter of the
National Society of the Daughters of the American Revolution declaring
September 17-23, 2021, as Constitution Week. (RB)
Mayor Smith read and presented a Proclamation to Patricia Strawmyer.
2. Presentation of a Proclamation to members of the Town's Emergency
Management staff declaring September 2021 as Emergency Preparedness
Month. (RB)
Mayor Smith read and presented a Proclamation to Kent Bauer, Emergency
Management Coordinator.
3. Presentation of awards from the Texas Association of Municipal Information
Officers (TAMIO) to members of the Town's Communications staff. (RB)
Mrs. Battle presented an overview of three awards presented to the Town by the Texas
Association of Municipal Information Officers (TAMIO). The Town was presented with Awards of
Excellence for the Thoroughfare Thursday social media series, and for the Town's communication
efforts during the February 2021 Winter Storm. A first place award was presented for the Town's
coverage of the Police Station Grand Opening and Ribbon Cutting in October 2020
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.
4. Consider and act upon the minutes from the August 24, 2021, Town Council
meeting. (RB)
5. Consider and act upon Resolution No. 2021-47 designating The Prosper Press
as the official newspaper of the Town of Prosper, and The Dallas Morning News
and The Frisco Enterprise as alternative advertising sources, for Fiscal Year
2021-2022. (RB)
Page 2 of 11
6. Consider and act upon Resolution No. 2021-48 authorizing the Town of Prosper
to participate in the proposed opioids settlements brought by the state of Texas
and other jurisdictions against various pharmaceutical companies for their roles
in the national opioid crisis, and authorizing the Town Manager to execute
documents related to same. (RB)
7. Receive the July financial report. (BP)
8. Consider and act upon authorizing the Town Manager to accept grant awards
from the Federal American Rescue Plan Act (ARPA)/State and Local Fiscal
Recovery Funds (SLFRF) and the Department of Homeland Security Grant
Program (HSGP) passthrough from the Office of the Governor's State Homeland
Security Program (SHSP). (KB)
9. Consider and act upon Ordinance No. 2021-49 of the Town Council of the Town
of Prosper, Texas, adopting new personnel policies regarding quarantine leave
and mental health leave for certain personnel as required by recent legislation.
(JE)
10. Consider and act upon adopting the FY 2021-2022 Prosper Economic
Development Corporation budget. (RS)
11. Consider and act upon Ordinance No. 2021-50 amending Subsection 8 of
Section 3.14.010, "Prohibited Signs," of Chapter 3, "Building Regulations," of
the Town's Code of Ordinances by allowing feather signs to be displayed on
non-residential property at certain times during the week. (KD)
12. Consider and act upon Ordinance No. 2021-51 amending 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)
13. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Northeast 423/380 Pads LP, and the Town of Prosper,
Texas, related to the Windsong Ranch Marketplace development. (AG)
14. Consider and act upon Ordinance No. 2021-52 rezoning 119.4± acres from
Planned Development-90 (PD-90), to Planned Development -III (PD-111),
located on the north side of US 380, east of Coit Road, generally to amend the
single-family detached residential and single-family attached (townhome)
residential development standards. (Z21-0009). (AG)
15. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between 55 Prosper, LP and HH Lakewood Drive Development, LP,
and the Town of Prosper, Texas, related to the Brookhollow West development.
(AG)
16. 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 Lakewood Park. (AG)
Councilmember Ray requested to pull item #11 and #14.
Page 3 of 11
Mayor Pro-Tem Miller made a motion to approve consent agenda Items 4 thru 10 and 12, 13,
15, and 16. Councilmember Ray seconded that motion and the motion was unanimously
approved.
Councilmember Ray stated in regards to item #11 he is not in favor of this proposed ordinance
and for item #14, he would like to see the language changed from all lots to only an adjusted
number of lots with the ordinance.
Councilmember Cotten made a motion to approve items #11 and #14 as presented. Mayor
Pro-Tem Miller seconded that motion. The motion was approved by a vote of 5-1 with
Councilmember Ray voting in opposition.
CITIZEN COMMENTS:
Mayor Smith reviewed some of the provisions of the Town Charter related to the appointment,
removal, direction and supervision of Town personnel. He stated that he is happy to announce
that Prosper Fire Chief Stuart Blasingame has rescinded his resignation from the Town of
Prosper. After meeting with the Town Manager yesterday, Chief Blasingame has chosen to
rescind the announcement of his departure and continue to serve as the Town's Fire Chief. Chief
Blasingame is a beloved and well -respected member of the Town's Executive Team and the
community, and we are glad he has made the decision to stay with us and to continue to serve
and lead as our Fire Chief here in Prosper. Chief Blasingame has proven himself to be an effective
leader in a fast -growth environment, and he will continue to play a pivotal role during this exciting
time as the Town continues to grow.
Rob Sless, 1001 Willowgate Drive, commented on the value of the first responders and the need
of the Town to compensate them accordingly due to their continued commitment.
Brian Strouen, 991 Willowgate Drive, commented on the asset a Fire Department is to the
community, the commitment from the Fire Chief, and the importance of their compensation.
Jack Dixon, 810 Long Valley Ct, thanked the Town, the ISD, the Fire and Police departments,
and all veterans who attended the 9/11 ceremony. He noted the importance of remembering and
honoring those that endured this tragic event.
Jessica Kutz, 621 Sondra Circle, stated her family is in law enforcement and emphasized the
importance being competitive with their salaries due to the the nature of their job.
James Pope, 1640 Gentle Way, stated he is retired from law enforcement and supports the Town
Council for their leadership of public safety, and noted his support for the two cents decrease in
the tax rate and increase in the public safety compensation.
Thom Vars, 4191 Pepper Grass Lane, commented that he was not in favor of additional
businesses at this time in west Prosper until US 380 is expanded due to increased traffic.
Noil Saunders, 4411 Mill Branch Road, submitted a public comment request form, but did not
speak.
Allison Alexander, 1210 Millers Creek Drive, submitted a public comment request form, but did
not speak.
Page 4 of 11
Items for Individual Consideration:
17. Conduct a Public Hearing to consider and discuss a proposal to adopt a tax rate
of $0.52 per $100 valuation. (BP)
18. Discuss FY 2021-2022 Proposed Budget. (BP)
Mayor Smith stated the following two agenda items are being opened concurrently.
Ms. Pamplin presented an overview of the proposed tax rate, the average home values
in Denton and Collin County, and the comparisons with the Homestead Exemptions
offered by the Town's comparison cities.
Ms. Pamplin outlined projects within an accelerated Capital Improvement Program
(CIP) in regards to the proposed fiscal year 2021-2022 budget, along with proposed
projects funded within the General Fund drawdown/settlement funds, additional
positions, and Grant Fund budgetary changes. She outlined the recommendations
made by the Finance Committee, which included a market adjustment for sworn police
and fire positions from the proposed budget to 4.5%, to not allocate the funds with the
General Fund drawdown/settlement funds, but rather to transfer those to capital
projects funds and determine the projects at a later date, and to remove the following
itmes from the proposed budget: Frontier Park Storage Building, covered parking for
Police, traffic signal upgrades, and/or budget amendments, and reducing the cost of
the Comprehensive Plan update. Ms. Pamplin asked for direction from the Town
Council on how to proceed.
Mayor Smith opened the public hearing.
Dominick Burley, 4430 Bristleleaf Lane, is not support any budget that does not include
a tax rate reduction of at least $0.02 to $0.06 cents.
Justin Weaver, 4750 Desert Willow Drive, is opposed to the tax rate reduction unless
it is $0.04 cents. He noted he would like to see infrastructure accelerated and would
support a 7.5% market increase for public safety personnel and at least $1.5 million in
expense reductions. He also noted he opposes any budget amendment that adjusted
the budget instead of moving it into current fiscal year budget.
Doug Charles, 4360 Mill Branch Drive, stated that he is part fo the Prosper Citizen
Group and would be in favor of a four cent reduction in the tax rate, accelerating
infrastructure plans, and a 7% market increase in public safety compensation. He
encouraged the Town Council to reduce any excessive percentage of funds within the
rainy day fund.
Kristina Zitkovich, 3864 White Clover Lane, would like the property tax rate to be
reduced by two cents, but would support a four cent reduction. She also would like to
see a 7.5% market increase in public safety compensaton and at least a $1.5 million
in expenses reductions.
Danielle Usher, 3770 Dunlavy Drive, is opposed to the proposed tax rate and would
be in favor of a two cent reduction.
Michael Lauch, 4890 Rockcress Ct, does not support any budget that does not include
a tax rate reduction.
Page 5 of 11
Emily White, 4190 Wiley Hill Drvie, opposes any budget that doesn't lower the tax rate
by at least two cents.
Cory Van Kleeck, 4400 Mill Branch Drive, is opposed to any proposed budget without
at least a minimum two cent property tax reduction.
Laura Weaver, 4750 Desert Willow Drive, is opposed to any proposed budget without
at least a minimum two cent property tax reduction, but would support up to a four cent
reduction. She also would like to see a 7.5% market increase in public safety
compensaton and at least a $1.5 million in expenses reductions.
Lia Shah, 3811 Pepper Grass Lane, is opposed to the proposed property tax rate.
Paul Rattin, 4451 Liberty Drive, is opposes any budget that does not include a public
safety riase of 7.5% and at least $1.5 million in expense reduction for fiscal year 2020-
2021.
Casey Crawford, 4500 Bluestem, is in opposition to the proposed budget. He would
like to see a two to six cent reduction in the tax rate.
Donald Crawford, 4500 Bluestem, is in opposition to the proposed budget. He would
like to see a two to six cent reduction in the tax rate.
Jean Schachter, 4031 Pavonia Lane, is vigorously opposed to any budget that does
not lower the tax rate by at least four cents.
Kur and Faith Weikert, 1801 Blue Forest would support a reduction in the property tax.
Tom Banks, 4191 Pepper Grass Lane, would like to see infrastructure projects
accelerated, but noted the labor shortages being experienced everywhere, and delay
projects. He would also like to see funds re -allocated back to the citizens.
Mayor Smith closed the public hearing.
The Town Council discussed the scenarios of whether to lower or keep the proposed
tax rate based on current growth, infrastructure projects, sales tax projections, and the
recommendations made by the Finace Committee.
After a lenghly discussion, Mayor Smith was in favor of the $0.52 property tax rate;
Mayor Pro-Tem Miller, Councilmembers Ray and Bartley would support a $0.51 rate,
and Councilmember Cotten $0.50 or $0.51 rate.
The consenses of Council was also to increase the compensation of the public safety
personnel, remove the Frontier Park storage building and the traffic signal upgrades
from the budget, and reduce the Comprehensive Plan project to $107,000 and the
covered parking to $179,000.
The Town Council agreed to continue discussions of the CIP project list at its next
quarterly Strategic Plan meeting on November 13.
19. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific
Use Permit (SUP) for a Commercial Stable (Whispering Farms Equestrian
Center), on 26.5± acres, located on the south side of Prosper Trail, east of Coit
Road. (S21-0002). (AG)
Page 6 of 11
Mr. Glushko stated this request is to allow for the construction of additional
improvements at the existing Whispering Farms Equestrain Center. The existing
center currently includes structures totaling approximately 46,000 square -feet, with 53
horse stables. The zoning ordinance would require an SUP for a Commerial stable.
The applicant is proposing to construct an arena cover and a covered automatic horse
walker. The Planning and Zoning Commission unanimously recommended approval.
Staff is recommending approval.
Mayor Smith opened the public hearing.
No comments were made.
Mayor Smith closed the public hearing.
Councilmember Hodges made a motion to approve an ordinance for a Specific Use
Permit (SUP) for a Commercial Stable (Whispering Farms Equestrian Center), on
26.5± acres, located on the south side of Prosper Trail, east of Coit Road. (S21-0002).
Councilmember Cotten seconded that motion and the motion was unanimously
approved.
20. Conduct a Public Hearing, and consider and act upon a request for a Specific
Use Permit (SUP) for a Major Nursery (Calloway's), in Gates of Prosper, on 3.2±
acres, located on the north side of Richland Boulevard, west of Preston Road.
The property is zoned Planned Development-67 (PD-67). (S21-0001). (AG)
Mr. Glushko stated this request it to allow for a major nursery (Calloway's) in the Gates
of Prosper. The site includes a indoor retail space, outdoor retail space, and a
greenhouse area. The landscaping meets the minimum standards of the Town's
Zoning Ordinance and the applicant has satisfied all other requirements to satisfy an
SUP. The Planning and Zoning Commission unanimously recommended approval.
Staff recommends approval subject to Town Council approval of a Development
Agreement.
Councilmember Ray asked about the loading zone area and if there was any uplighting
on the columns.
Marc Ward, CEO of Calloways, provided a brief history of the company and
commented on the building and the importance of air flow.
Nicholas Link stated they would add the uplighting and described the loading zone
area for Councilmember Ray.
Mayor Smith opened the public hearing.
No comments were made.
Mayor Smith closed the public hearing.
Councilman Ray made a motion to approve a request for a Specific Use Permit (SUP)
for a Major Nursery (Calloway's), in Gates of Prosper, on 3.2± acres, located on the
north side of Richland Boulevard, west of Preston Road. The property is zoned
Planned Development-67 (PD-67). (S21-0001) subject to lighting enhancements.
Councilwoman Bartley seconded that motion and the motion was unanimously
approved.
Page 7 of 11
21. 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 Smith stated the applicant has requested to table this item.
Mayor Pro-Tem Miller made a moton to table a an ordinance for a Specific Use Permit
(SUP) for a Commercial Stable (Whispering Farms Equestrian Center), on 26.5±
acres, located on the south side of Prosper Trail, east of Coit Road. (S21-0002) to
September 28, 2021. Councilmember Hodges seconded that motion and the motion
was unanimously approved.
22. Consider and act upon an ordinance amending Ordinance No. 2020-71 (FY 2020-
2021 Budget). (BP)
Mr. Jefferson stated based on previous conversations held by the Town Council, the
new total for expenditures is $1,834,496. They also will remove Frontier Park storage
from the budget as requested.
Doug Charles, 4360 Mill Branch Drive, is in opposition of this item.
Justin Weaver, 4750 Desert Willow Drive, opposes any budget amendment that adjust
the budget instead of moving it into current fiscal year budget.
Laura Weaver, 4750 Desert Willow Drive, opposes any budget amendment that adjust
the budget instead of moving it into current fiscal year budget.
Danielle Usher, 3770 Dunlavy Drive, is opposition of this item.
Paul Rattin, 4451 Liberty Drive, is in opposition of this item.
Councilmember Cotten made a motion to approve Ordinance No. 2021-54 amending
Ordinance No. 2020-71 (FY 2020-2021 Budget) with new totals presented.
Councilmember Hodges seconded that motion and the motion was unanimously
approved.
The Town Council took a brief recess from 7:43 p.m. to 8:09 p.m.
23. Consider and act upon an ordinance adopting the Fiscal Year (FY) 2021-2022
Annual Budget and Capital Improvement Program for the fiscal year beginning
October 1, 2021, and ending September 30, 2022. (BP)
Ms. Pamplin stated in regards to Exhibit A based on the previous direction given
earlier, the new proposed total General Fund budget is $41,142,021 and the total of
all funds is $119,476,797.
Doug Charles, 4360 Mill Branch Drive, stated he still is in opposition fo the proposed
and expressed frustration for the Town Council not discussiong assumptions for next
fiscal year.
Page 8 of 11
Councilmember Cotten made a motion to approve Ordinance No. 2021-55 adopting
the Fiscal Year (FY) 2021-2022 Annual Budget and Capital Improvement Program for
the fiscal year beginning October 1, 2021, and ending September 30, 2022 as
proposed with a new General Fund Total of $41,142,021 and a new total of all funds
of $119,476,797, and to make appropriate revisions to the attached ordinance. Mayor
Pro-Tem Miller seconded that motion and the moiton was unananimously approved
by a roll call vote.
Councilmember Ray made a motion to ratify the property tax revenue as reflected in
the fiscal year 2021-2022 budget. Mayor Pro-Tem Miller seconded that motion and the
motion was unanimously approved by a roll call vote
24. Consider and act upon an ordinance adopting the Town of Prosper 2021
Property Tax Rate. (BP)
Ms. Pamplin noted the new Maintenance and Operations (M&O) rate of $0.3280 based
on a $0.51 property tax rate.
Councilwoman Bartley made a motion that the property tax rate be decreased by the
adoption of a tax rate of $0.51, which is effectively a 5.84 percent increase in the tax
rate, and to make the appropriate changes to the attached ordinance. Councilmember
Ray seconded the motion. Mayor Smith called the roll and the motion passed with a
5-1 vote, with Mayor Smith voting in opposition.
Possibly direct Town staff to schedule topic(s) for discussion at a,future meeting.
This item was not discussed.
Robyn Battle, Executive Director of Community Services, introduce Michelle Lewis Sirianni, the
new Town Secretary. The Town Council welcomed Ms. Lewis Sirianni to the staff.
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, including the
resignation of the Fire Chief, and all matters incident and related thereto.
Section 551.071 - Consultation with the Town Attorney regarding legal issues
associated with compensation and employee incentives regarding leave policies.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, and Planning & Zoning Commission.
The Town Council recessed into Executive Session at 8:23 p.m..
Reconvene in Reqular Session and take any action necessary as a result of the Closed
Session.
Page 9 of 11
The Town Council reconvened the Regular Session at 9:21 p.m.
Mayor Pro-Tem Miller made a motion to appoint the following to each board and commission-
RD NAME
[TERM EXPIRES APPOINTEE
BOARD OF ADJUSTMENT / CONSTRUCTION BOARD OF APPEALS
1iPlace No. 1
19/30/2023
Ken Dugger
'9/30/2023
[Place No. 3
George Dupont
(Place No. 5
9/30/2023
Joe Tremblay
Place No. 7
9/30/2023
Brad Black
(ECONOMIC DEVELOPMENT CORPORATION
Place No. 5 9/30/2024
Place No. 6 9/30/2024
Place No. 7 !9/30/2024
LIBRARY BOARD
Place No. 1 9/30/2023
ace No. 3
Place No. 5
Place No. 7
PARKS AND RECREATION BOARD
Place No. 1
ace No. 3
(Place No. 5
Place No. 7
PLANNING AND ZONING COMMISSION
lace No. 1
�3/30/2023
'9/30/2023
!9/30/2023
had Gilliland
)rdan Simms
on Perry
inielle Phillipson
norahJohnsson
indi Jacksonn
rew Cartwrright
a/30/2023
Ty Bledsoe
a/30/2023
Valerie Little
I/30/2023
Cameron Reeves
I/30/2023 (John
Metcalf
u Harris
Page 10 of 11
Place No. 3
ce No. 5
lace No. 6
Place No. 7
1
9/30/2023
Sarah Peterson
Chris Kern
9/30/2023
I9/30/2022
(Damon Jackson
9/30/2023
Brandon Daniel
Community Engagement Committee: adding Ashleigh Hughes, James Creedon, and Nilesh
Patel.
Councilmember Cotten seconded that motion and the motion was unanimously approved.
Adiourn.
The meeting was adjourned at 9:25 p.m.
These minutes approved on the 28th day of September 2021.
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED:
Ray Smith, Mayor
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