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20200922Welcome to the September 22, 2020, Prosper Town Council Meeting. Call to Order/Roll Call. 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. Presentations. Agenda Item 1. Presentation of a Proclamation to members of the Prosper Police and Fire Departments declaring October 6, 2020, as National Night Out. (ML) Presentations. Agenda Item 2. Presentation of a Proclamation to members of Prosper Fire Rescue declaring October 2020 as Fire Prevention Month. (RB) 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. Agenda Item 3. Consider and act upon the minutes from the September 8, 2020, Town Council Meeting. (ML) Agenda Item 4. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the design of the Frontier Park/Lakes of Prosper Drainage Channel project. (HW) Frontier Parkway Dallas North TollwayFrontier Parkway (DNT –Preston) Drainage Channel Improvements Proposed Project Agenda Item 5. 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 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. Agenda Item 6. Conduct a Public Hearing and consider and act upon a request to rezone 10.0±acres from Downtown Commercial (DTC) to Planned Development-Multifamily (PD-MF), located on the northeast corner of Fifth Street and the BNSF Railroad. (Z20-0005). (AG) Agenda Item 7. Conduct a Public Hearing and consider and act upon an ordinance for a Specific Use Permit for a Wireless Communication and Support Structure at the Town Public Works Facility, on 0.1±acres, located on the west side of the BNSF Railroad, at the terminus of Fifth Street. (S19-0001). (AG) Agenda Item 8. Consider and act upon authorizing the Town Manager to execute a Tower Site Lease Agreement by and between the Town of Prosper, Texas, and New Cingular Wireless PCS, LLC, for the lease of Town property, generally located at 601 West 5th Street which is the Town’s Public Works site, for a cell tower. (CS) Public Works Cell Tower Lease Terms •Six-month option period for a payment of $2,000 •Option period allows for testing and permitting at site •If option is exercised, five-year initial term of agreement begins with $2,000 monthly rent (increased by 2.5% inflation annually) •Can renew for five additional five-year terms (30 years total) •Multi-tenant cell tower •Additional $750 for first collocator and $250 for each additional collocator 33 Agenda Item 9. Update on Christmas Festival. (DR) Stage Performance -Modified Santa’s Workshop -Plexiglass shield between Santa and Kids Fireworks -No modification Kids Zone -Fewer and different items Vendor / Sponsorship Booth -Booth spaced out more Kids Art projects -Sanitized or single use items Food Trucks -Spread out Sleigh Ride -Sanitized between users Typical Christmas Festival Offerings Cookie decorating –Canceled Walking Characters -Canceled or limited Kids Christmas Shoppe -Canceled Options if Christmas Festival is canceled: Tree Lighting Adult stage performers Limited food / hot chocolate Lighting of tree 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 legal issues associated with Fifth Circuit opinion in Reagan National Advertising v. City of Austin, and all matters incident and related thereto. 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. Agenda Item 10. Discussion on possible elements of Overlay Districts for properties adjacent to the Dallas North Tollway and US 380. (JW) •Purpose –Desired Image of the Corridors •Geographic Limits (Extending x Feet from ROW) •Standards •Approval Process •Council Feedback & Direction •Uniform Standards Along Entire Corridor •Gateways and/or Subdistricts with Varying Standards Possible Additional Standards •Building Orientation/Placement/Articulation •Location of Parking/Design of Parking Structures •Height •Landscaping/Hardscape •Open Space •Street Furnishings •Windows •Building Materials Limiting Uses Currently Permitted by Base Zoning •Must Provide Notice to Affected Property Owners •Permitted Uses in Existing PD’s •Right of Property Owner to File Written Protest Process •Town Council Review of Initial Draft Standards •P&Z Work Session •Present Draft Recommendations to Prosper Developers Council •Town Council Review of Final Draft –Direction to Schedule Public Hearings •P&Z Public Hearing •Town Council Public Hearing •Town Council Ordinance Adoption Council Feedback and Direction Agenda Item 11. Competitive Sealed Proposal Legislation and Legislative Agenda. (RB) CSP Method of Procurement •Alternative to Competitive Bidding and CMAR. •Contract awarded to best value (rather than low bid), based on predetermined criteria. •Negotiations permitted with top-ranked contractor. Limitations of CSP •Local Government Code places a $1.5 million cap on “horizontal” projects for municipal governments. •School districts and counties do not have a cap. •Issue came to light during joint road project with PISD. History •Roundrock introduced LGC provision in 2005. •Provision already exists in Government Code for ISDs, counties, and municipalities, with no cap. •Conclusion: LGC provision unnecessarily caps municipalities & should be removed. Construction Cost of One Road Mile: 2005 2020 Residential $1 million $4.7 million 4-Lane Divided $2.5 million $8.3 million 6-Lane Divided $11.4 million Town Use of CSP Method: •Utilized eight times in FY 2019-2020 •Cost savings of $240,000 (5.26%) •Time savings of 105 days (11.54%) •CSP typically attracts higher quality contractors. Proposed Action •Draft proposed legislation. •Identify potential sponsor for bill to repeal LGC provision. Legislative Agenda •Identified as a Major Initiative in January 2020 •Components of a Legislative Agenda: 1.Legislation to initiate •CSP 2.Bills/Legislation to support •Home-rule authority and local control 3.Bills/Legislation to oppose •Revenue caps •Building materials Agenda Item 12. Strategic Planning Discussion. (RB) Future Quarterly Discussions: •November 14, 2020 •February 13, 2021 •May 15, 2021 •August 14, 2021 Discuss 2021 Strategic Planning Session •Topics •Format •Facilitator •Outcomes Adjourn.