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20200512Welcome to the May 12, 2020, Prosper Town Council Meeting. Call to Order/Roll Call. Individuals will be able to participate in the meeting and address the Council via videoconference, or telephone conference call. To request to speak, click on “Participants” at the bottom of the screen, and click “Raise Hand.” The meeting moderator will acknowledge your request and allow you to speak. To join the meeting by phone, dial (346) 248-7799, and enter Meeting ID: 96966785332. To request to speak, enter *9. The meeting moderator will acknowledge your request and allow you to speak. If you encounter any problems joining or participating in the meeting, please call our help line at 972-569-1191 for assistance. Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a non-public hearing item, they may either address the Council during the Citizen Comments portion of the meeting or when the item is considered by the Town Council. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag. Pledge to the Texas Flag Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. Announcements of recent and upcoming events. 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. Consent Agenda Zoning-related Public Hearing items on the Consent Agenda have received a unanimous recommendation for approval by the Planning & Zoning Commission, and no written opposition was received prior to the posting of this agenda. Those wishing to speak on a Public Hearing item on the Consent Agenda should click on “Participants” at the bottom of the screen, and click “Raise Hand.” The meeting moderator will acknowledge your request and allow you to speak. Agenda Item 1. Consider and act upon the minutes from the April 28, 2020, Town Council meeting. (ML) Agenda Item 2. Consider and act upon authorizing the Town Manager to execute an Interlocal Cooperation Agreement between Collin County and the Town of Prosper related to the Coronavirus Aid, Relief, and Economic Security (CARES) Act. (HJ) Collin County received a direct distribution of $171 million in CARES Act funding. It will be allocated in the following areas that impact Prosper residents and businesses: •Housing, Utility, and Food Assistance •Direct distribution to cities and towns •Business economic support Collin County CARES Act ILA •Housing, Utility and Food Assistance via Frisco, Allen, Plano, and McKinney •$45 million allocated •Residents apply county-wide via zip code •Prosper is within Frisco’s service area •Cornerstone NCT is a qualified processor Collin County CARES Act ILA •Direct Distribution to Cities and Towns •$50 million allocated based on population •$1,098,850.23 is Prosper’s share based on the Town’s 2.2% of the population •Criteria for use is: COVID-19 related expenses Expenses occur between March 1, 2020 and December 30, 2020 Cannot cover costs in the budget as of March 27, 2020 Collin County CARES Act ILA •Business Economic Support may be funded out of the direct distribution to cities and towns •Town staff recommends using not more than $100,000 of Prosper’s direct distribution for business economic support •Town staff also recommends the Town partner with the EDC and Chamber of Commerce to advertise and vet applications Collin County CARES Act ILA •The Prosper EDC has drafted a proposed grant award program in conjunction with the We Prosper Together campaign. •Those recommended for the Grant Award Committee include: Ray Smith, Town of Prosper Harlan Jefferson, Town of Prosper John Webb, Town of Prosper Mary Ann Moon, EDC Lynn Gross, Prosper Chamber of Commerce Collin County CARES Act ILA Agenda Item 3. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.0155 acres of real property for right-of-way, situated generally in the Spencer Graham Survey, Abstract No. 359, in the Town of Prosper, Collin County, Texas and being part of a called 15.75-acre tract of land as recorded in Volume 1804, Page 100 of the Deed Records of Collin County, Texas (D.R.C.C.T.), Town of Prosper, Collin County, Texas, necessary for the construction of the Prosper Trail Improvements, Coit Road to Custer Road Project and for other public purposes permitted by law. (PA) Right-of-way Right-of-way &Easement Easement Prosper Trail Right-of-way and Easement Acquisition Location Map # # Right-of-way Owner Acreage Easement Owner Acreage 1 Reeves 0.0155 AC 2 Poyner 0.0938AC 2 Poyner 0.0416 AC 3 Wu, Feng, and Wu 0.0767 AC 4 Patin 0.1299 AC 21 3 4 Prosper Trail Gentle Creek Country Club # Agenda Item 4. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.0938 acres of real property for right -of-way and 0.0416 acres of real property for grading easement, situated generally in the Larkin McCarty Survey, Abstract No. 600, in the Town of Prosper, Collin County, Texas and being part of Lot 1 of Preston Country Estates as recorded in Volume F, Page 595 of the Plat Records of Collin County, Texas (P.R.C.C.T.) and as recorded in Instrument Number 92-0054135 of the Deed Records of Collin County, Texas (D.R.C.C.T.), Town of Prosper, Collin County, Texas, necessary for the construction of the Prosper Trail Improvements, Coit Road to Custer Road Project and for other public purposes permitted by law. (PA) Agenda Item 5. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.0767 acres of real property for grading easement, situated generally in the Larkin McCarty Survey, Abstract No. 600, in the Town of Prosper, Collin County, Texas and being part of Lot 6 of Preston Country Estates as recorded in Volume F, Page 595 of the Plat Records of Collin County, Texas (P.R.C.C.T.) and as recoded in Instrument Number 20130611000803820 of the Deed Records of Collin County, Texas (D.R.C.C.T.), Town of Prosper, Collin County, Texas, necessary for the construction of the Prosper Trail Improvements, Coit Road to Custer Road Project and for other public purposes permitted by law. (PA) Agenda Item 6. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.1299 acres of real property for grading easement, situated generally in the Larkin McCarty Survey, Abstract No. 600, in the Town of Prosper, Collin County, Texas and being part of a larger tract as recorded in Volume 3992, Page 1165 of the Deed Records of Collin County, Texas (D.R.C.C.T.), Town of Prosper, Collin County, Texas, necessary for the construction of the Prosper Trail Improvements, Coit Road to Custer Road Project and for other public purposes permitted by law. (PA) Agenda Item 7. Consider and act upon an ordinance amending Subsection (6), “Fences or Low Walls in the Required Front Yard of a Residential District,” and Subsection (13) of Section 3.19.001, “General Regulations,” of Article 3.19, “Fence Regulations,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances, by authorizing the Town Manager to approve alternate materials for fences and low walls. (MD20-0007) (JW) Agenda Item 8. Consider and act upon an ordinance amending Subsections 7.01(b), “Definitions,” and 7.01(c), “Decision-Maker,” of Subsection 7.01, “Petition for Subdivision Waiver,” of Section 7, “Subdivision Relief Procedures,” of the Town’s Subdivision Ordinance, an exhibit to Article 10.03, “Subdivision Ordinance,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances, by authorizing the Town Manager to approve minor waivers of subdivision design standards. (MD20-0008) (JW) Agenda Item 9. Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 4 (Development Requirements), Section 1 (Site Plan Process), of the Zoning Ordinance, generally allowing for waiver of certain development regulations by the Town Manager. (Z20-0008) (JW) Agenda Item 10. 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. (AG) Citizen Comments The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and submit it to the Town Secretary prior to the meeting, or address the Council via videoconference or telephone. Regular Agenda Items for Individual Consideration Agenda Item 11. Conduct a Public Hearing, and consider and act upon an amendment to the Thoroughfare Plan to designate anticipated roadway overpasses on US 380 at Gee Road, Teel Parkway, and Legacy Drive and an overpass at First Street and the BNSF railroad. (CA20-0001). (AG) Agenda Item 12. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 5.4±acres from Planned Development-40 (PD-40) to Planned Development- Office (PD-O), located east of Good Hope Road, south of Parvin Road. (Z20-0006). (AG) Agenda Item 13. Consider and act upon a request to waive the Town’s Drainage System Design Requirements for a wet or underground detention pond for the detention pond on the proposed Prosper Retail Addition Tract located within Town's ETJ. (DH) Agenda Item 14. Consider and act upon a resolution directing publication of notice of intention to issue Combination Tax and Surplus Revenue Certificates of Obligation for the purpose of funding costs associated with the construction of street improvements and park improvements in the Town (CS). Notice of Intent •Certificate of Obligation Sale ($12,387,000 approved in CIP) •Notice of Intent for sale up to $12,500,000 including issuance costs (underwriting, legal, financial advisory) •Increased amount for Cook Lane ($800,000) due to increased drainage costs •Coit Road right of way purchases ($800,000) moved out one year – County funding not received in 2020 • 45 Debt Sale Ordinance –Proposed Method •Town has historically held competitive sale on morning of Council Meeting •Changes recommended due to uncertain debt market conditions and delay in final taxable values •Ordinance authorizing the CO’s with delegated authority to Town Manager to complete the final pricing of the debt: •Issue the certificates through a competitive or negotiated sale •For an amount not to exceed $12,500,000 •At a maximum interest rate of 4.5% •With a final maturity of August 15, 2040 46 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 review the Town Manager's performance evaluation. The Town Council Meeting will resume after the Executive Session. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Adjourn.