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
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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.