01.10.2023 Town Council MinutesPISER
MINUTES
OWN O F Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
p250 W. First Street, Prosper, Texas
Tuesday, January Janua 10, 2023
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 6:15 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro -Tern Jeff Hodges
Deputy Mayor Pro -Tern Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotton
Staff Members Present:
Ron K. Patterson, Interim Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Robyn Battle, Executive Director of Community Services
Bob Scott, Executive Director of Administrative Services
Chuck Ewings, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Director
Leigh Johnson, IT Director
Mary Ann Moon, Economic Development Director
David Soto, Planning Manager
Todd Rice, Communications Manager
Stuart Blasingame, Fire Chief
Bryan Ausenbaugh, Fire Marshal
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Mike Martin with Hope Fellowship led the invocation. The Pledge of Allegiance and the Pledge
to the Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Kern made the following announcements:
Residents are still able to drop off their live Christmas tree through January 13 at the drop-off site
located at Tucker Pak, 1454 E. First Street. Service is open to all Prosper residents and
businesses free of charge.
A reminder that Town offices will be closed Monday, January 16 for the Martin Luther King Jr.
Holiday. There will be no trash service delays due to the holiday.
Join Mayor Bristol and Prosper ISD Superintendent Dr. Holly Ferguson for the State of the
Community hosted by the Prosper Chamber of Commerce and presented by Children's Health
Page 1 of 5
on Tuesday, January 24 from 11:30 a.m. to 1:00 p.m. for a year-end recap and what exciting
things are ahead in 2023. Citizens may register for the event at prosperchamber.com.
Residents may check out all the exciting Winter programs being offered at the Library that are
beginning Saturday, January 21. Programs are available for all ages. View the Winter Program
on the Library page of the Town's website by clicking on the link at the top of the page.
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 of the December 13, 2022, Town Council
Work Session meeting. (MLS)
2. Consider and act upon the minutes of the December 13, 2022, Town Council
meeting. (MLS)
3. Consider and act upon approving Change Order Number 01 for CSP No.
2022-05-B, EDA Award No. 08-79-05522 to Archer Western Construction, related
to construction services for the Lower Pressure Plane (LPP) Pump Station and
LPP Water Line Phase 2 project; and authorizing the Interim Town Manager to
execute Change Order Number 01 for same. (HW)
4. Consider and act upon authorizing the Interim Town Manager to execute a
one-year renewal of two Consultant Services Agreements between Avenu
Analytics/MuniServices, LLC, and the Town of Prosper, Texas, related to sales
tax consulting for the Town's two Special Purpose Districts Investment
Advisory services. (RBS)
5. Consider and act upon a Facade Plan for a Residence/Extended Stay Hotel
on Lot 16, 2.8± acres, located on the north side of U.S Highway 380, east of FM
1385. This property is zoned Planned Development-94 (PD-94). (D22-0086) (DS)
6. Consider and act upon appointing Bob Scott as the Interim Town Manager
until such time as a new Town Manager begins employment with the Town;
terminate the service provider agreement with Purefoy & Patterson, LLC,
effective January 10, 2023; and to ratify any actions taken by Mr. Scott as Interim
Town Manager prior to the date of appointment. (TW)
7. Conduct a public hearing and consider and act upon a request to rezone
13.3± acres from Single Family-15 (SF-15) to Planned Development -Retail (PD-
R), generally to allow for an office/retail development, located on the east side
of Preston Road, north of St. Peter Lane. (Z21-0003). This is a companion case
to CA21-0001. (Request to be tabled) (DS)
8. Conduct a public hearing and consider and act upon a request to amend the
Future Land Use Plan from Residential Low Density to Retail and Neighborhood
Services, generally located on the east side of Preston Road, north of St. Peter
Lane. (CA21-0001) This is a companion case to Z21-0003. (Request to be tabled)
(DS)
9. Consider and act upon whether to direct staff to submit a written notice of
appeals 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
Page 2 of 5
Ordinance, regarding action taken by the Planning & Zoning Commission on any
Site Plans and Preliminary Site Plans, including Broadway Retail Phase 2,
Westside Lots 15 & 16, Victory at Frontier Lot 7, Legacy Intuitive Health, Rock
Creek Church, and Prosper Fire Station #4. (DS)
Mayor Pro-Tem Hodges made a motion to approve consent agenda items 1 through
9. Deputy Mayor Pro-Tem Andres seconded that motion, and the motion was
unanimously approved.
Mayor Bristol presented a plaque of appreciation to Interim Town Manager, Ron Patterson for
his services as Interim Town Manager to the Town.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
10. Receive an update regarding the Guaranteed Maximum Price (GMP) for the Fire
Station No. 4 project. (SB)
Chief Blasingame provided an update of the construction costs for the Fire Station No.
4 project. Due to the increase in costs, staff is seeking direction on whether to move
forward with the project by finding alternate funding sources, delay the project
timeframe or bring back for consideration in January 2024.
The Town Council discussed the possible options and timeline of each, how the costs
were associated with the current and next year fiscal year budget(s), projected costs
if delayed, and Capital Dedicated Fund projects.
The consensus of the Town Council was to delay the project in order to factor the
project in with the fiscal year 2023-2024 budget process; the GMP process to occur in
late July or August in order to begin construction in October 2023 with the station
opening in January of 2025. The Town Council also expressed their desire to separate
out the gas line relocation as a CIP project versus as part of the overall construction
project for the Fire Station.
11. Consider and act upon Resolution 2023-01 adopting the Town of Prosper 2023
Legislative Agenda. (RB)
Ms. Battle stated the agenda is comprised into two sections. The Legislative
Philosophy explains the overall purpose and guiding principles of the document. The
Legislative Priorities section establishes the Town's position on key legislative issues.
A draft Legislative Agenda was presented to the Legislative Subcommittee comprised
of the Mayor and the Deputy Mayor Pro-Tem for discussion on October 26, 2022, and
again during a meeting with the Town's Legislative Consultant on December 21, 2022.
The Legislative Subcommittee recommends adoption of the proposed 2023
Legislative Agenda.
The Legislative Agenda is to be used as a communication tool with the Town's
legislative delegation and others to clearly explain the Town's position on critical
issues. It is intended to provide guidance to the Town's legislators on how they can
best represent Town of Prosper residents and stakeholders in the upcoming legislative
session. Staff recommends approval as presented.
Page 3 of 5
Deputy Mayor Pro-Tem Andres made a motion to approve Resolution 2023-01
adopting the Town of Prosper 2023 Legislative Agenda. Mayor Pro-Tem Hodges
seconded that motion, and the motion was unanimously approved.
Possibly direct Town staff to schedule topic(s) for discussion at a future meetin
Councilmember Cotten requested for staff to bring back the RFP evaluation matrix for
discussion.
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 and all
matters incident and related thereto.
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 Town
Manager search and selection process, and all matters incident and related thereto.
Section 551.071— To discuss possible litigation regarding U.S. 380 siting decisions,
including alternate routes and environmental studies matters, and all matters incident
and related thereto.
The Town Council recessed into Executive Session at 7:28 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 8:20 p.m.
Mayor Pro-Tem Hodges made a motion to authorize the Mayor on behalf of the Town to execute
an employment agreement between the Town of Prosper and a new Town Manager.
Councilmember Bartley seconded that motion, and the motion was unanimously approved.
Mayor Pro-Tem Hodges made a motion to authorize the Interim Town Manager to execute a
Tower Site Lease Agreement with Anthemnet Inc. for property located in Lakewood Preserve
Park subject to the terms discussed in Closed Session. Councilmember Cotten seconded that
motion, and the motion was unanimously approved.
Adjourn.
The meeting was adjourned at 8:22 p.m.
These minutes approved on the 24th day of January 2023.
APPROVED:
David F. Bristol, Mayor
Page 4 of 5
ATTEST:
& U Lm - I
Michelle Lewis Sirianni, Town Secretary
Page 5 of 5