01.24.2023 Town Council MinutesMINUTES
T OWN OF Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
PROSRP E
250 W. First Street, Prosper, Texas
Tuesday, January Janua 24, 2023
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 6:39 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Jeff Hodges
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotton
Staff Members Present:
Bob Scott, Interim Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Robyn Battle, Executive Director of Community Services
Chuck Ewings, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Director
Chris Landrum, Finance Director
David Soto, Planning Manager
Leigh Johnson, IT Director
Dan Baker, Parks and Recreation Director
Brady Cudd, Building Official
Mary Branch, Health and Code 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
Damon Simpson with Prestonwood Baptist Church 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:
Join the Parks and Recreation Department for their next topic in their lecture series: Heart Health
for Seniors: Defining Heart Disease being led by members of the Prosper Fire Dept. Come receive
vital information in several areas including defining heart disease, the signs of a heart attack,
living a heart -healthy lifestyle, and knowing your numbers. The lecture is being held on Monday,
February 13 from 10 to 11 am at the 407 Rec Center. Lectures are free of charge, but reservations
are requested. Additional information can be found on prosperparksandrec.oLg.
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Join us on Saturday, February 18 from 9 to 11 a.m. for the Prosper Fishing Derby at the Frontier
Park Pond, located at 1551 Frontier Pkwy. The Prosper Fishing Derby is a friendly competition
for kids and a relaxing morning for the entire family. Judges will be stationed around the pond to
chart fish caught and prizes will be awarded at 11 a.m. The event is free of charge and registration
is not required.
Mayor Bristol thanked the Chamber of Commerce for sponsoring this year's State of the
Community held earlier in the day.
Presentations.
Receive a presentation from the Salvation Army of North Texas regarding the
2022 Mayors Red Kettle Challenge. (MLS)
Christina Drozdovschi and Mary Freeman with the Salvation Army presented the
Mayor and Town Council the award for winning the Mayors Red Kettle Challenge and
raising over $3,700 in donations. A special thanks was given to the Kroger on Preston
Road for the $2,000 donation.
2. Presentation of a Proclamation declaring February 2023 as Congenital Heart
Defect Awareness Month. (MILS)
Mayor Bristol read and presented a Proclamation to Melissa Hansen.
3. Presentation of a Proclamation declaring the week of January 14 -29, 2023 as
Health for Humanity Yogathon. (MILS)
Mayor Bristol read and presented a Proclamation to Neeraj Agrawal.
Mr. Agrawal spoke about the Health for Humanity Yogathon and thanked the Mayor
and Town Council for their support.
4. Receive a presentation and discuss the Prosper Passport event proposal. (RB)
Ms. Battle introduced Christine Strobush, Chair of the Community Engagement
Committee (CEC), and Brent Kirby, Vice -Chair of the CEC. Ms. Strobush and Mr.
Kirby provided an overview of a new CEC Initiative, the Prosper Passport. The
initiative to introduce new residents to Prosper through a variety of activities and
experiences. The CEC intends to kick off the program at the April 6 New Resident
Mixer. The Council indicated their strong support for the idea.
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.
5. Consider and act upon the minutes of the January 6, 2023, Town Council Special
meeting. (MLS)
6. Consider and act upon the minutes of the January 7, 2023, Town Council Special
meeting. (MLS)
7. Consider and act upon the minutes of the January 10, 2023, Town Council Work
Session meeting. (MILS)
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8. Consider and act upon the minutes of the January 10, 2023, Town Council
meeting. (MLS)
9. Consider and act upon awarding CSP No. 2023-05-B to DDM Construction
Corporation, related to construction services for the Teel/US 380 Intersection
Improvements project; and authorizing the Interim Town Manager to execute a
construction agreement for same. (HW)
10. Consider and act upon approving a Service Agreement with Flock Group, Inc.
for the purchase of software and hardware situational awareness solution for
automatic license plates, video, and audio detection; and authorizing the Interim
Town Manager to execute documents for same. (DK)
11. Consider approving the purchase of a 2023 Chevrolet Silverado 1500 for
Construction Inspection, a 2023 Chevrolet Silverado 1500 for Right of Way, and
a 2023 Ford Maverick for Code Enforcement from Enterprise Fleet Management
utilizing The Interlocal Purchasing System (TIPS); and authorizing the Interim
Town Manager to execute the same. (JC)
12. Consider and act upon Ordinance 2023-02 granting a non-exclusive gas
franchise to Atmos Energy Corporation. (RBS)
13. Conduct a public hearing and consider and act upon a request to rezone 0.1±
acres from Single Family-15 (SF-15) to Downtown Office (DTO), on Lots 10A &
11 B, located on the north side of Broadway Street, east of Coleman Street. (Z22-
0017). (DS)
14. Conduct a public hearing and consider and act upon a request for a Specific
Use Permit for a new Wireless Communications and Support Structure, on .2±
acre, located on the north side of Prosper Trail, west of Legacy Drive. (S22-
0011) (DS)
15. Conduct a public hearing and consider and act upon a request to amend a
Specific Use Permit-19 (S-19) for a Child Care Center, Licensed on 2.3± acres,
located on the north side of Prairie Drive, west of Legacy Drive. (S22-0010) (DS)
16. Consider and act upon Resolution 2023-03 expressing official intent to
reimburse costs of Town capital improvement program projects that may be
funded with proceeds of bonds or other obligations if those costs are paid prior
to the issuance of such bonds or other obligations. (CL)
Councilmember Cotten made a motion to approve consent agenda items 5 through
16. Mayor Pro-Tem Hodges seconded that motion, and the motion was unanimously
approved.
CITIZEN COMMENTS
James Pope, 1640 Gentle Way, expressed his appreciation to the Town and the Parks and
Recreation Department for holding events specifically for Special Needs children, and for
considering the Special Needs community when holding events. He hopes the Town will continue
to incorporate these types of accommodations and suggested as the Town grows to consider a
Board designated to help with the inclusion of family of children with Special Needs.
Items for Individual Consideration:
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17. Conduct a public hearing and consider and act upon Ordinances 2023-04
through 2023-13 adopting the following International Codes with local
amendments:
A. 2021 Existing Building Code;
B. 2021 Building Code;
C. 2021 Residential Code;
D. 2021 Plumbing Code;
E. 2021 Mechanical Code;
F. 2021 Fuel Gas Code;
G. 2021 Energy Conservation Code;
H. 2021 Property Maintenance Code;
I. 2021 Fire Code;
J. 2020 National Electric Code;
and repealing all prior versions of said International Codes, to the extent
referenced in each applicable ordinance. The foregoing codes are contained in
Chapter 3, "Building Regulations, " of the Town's Code of Ordinances, as
amended. (BC)
Mr. Cudd introduced this item by providing the importance of updating the codes,
previous code updates that have been made, and highlights of changes within the new
codes. Ms. Branch touched on the International Property Maintenance Code, and Fire
Marshal, Mr. Ausenbaugh spoke to changes within the Fire Code.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Councilmember Ray made a motion to adopt Ordinances 2023-04 through 2023-13
respectively approving the 2021 versions of the following International Codes: Existing
Building Code; Building Code; Residential Code; Plumbing Code; Mechanical Code;
Fuel Gas Code; Energy Conservation Code; Property Maintenance Code; Fire Code;
and the 2020 National Electric Code, and all local amendments to the foregoing codes.
Deputy Mayor Pro-Tem Andres seconded that motion, and the motion was
unanimously approved.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
No comments were made.
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:
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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 and all matters incident
and related thereto.
Section 551.089 - Deliberation of security information collected, assembled, or
maintained by or for a governmental entity to prevent, detect or investigate criminal
activity, pursuant to Section 2059.055 of the Texas Government Code, and all matters
incident and related thereto.
Section 551.071— To discuss retention of legal services to assist in NEPA EIS
evaluation, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:31 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 8:14 p.m.
Mayor Pro-Tem Hodges made a motion to authorize the Interim Town Manager to execute an
engagement letter with S. Deatherage Law to assist the Town in preparing comments and
responses relative to NEPA EIS. Councilmember Cotten seconded that motion. The motion
passed with a 6-0 vote. Councilmember Ray was not present during the vote.
Adjourn.
The meeting was adjourned at 8:15 p.m.
These minutes approved on the 14'h day of February 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
LP i ,
Michelle Lewis Sirianni, Town Secretary
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