02.28.2023 Town Council Minutesi
MINUTES
o w N ❑ E- Prosper Town Council Meeting
p RtSPER
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
A Place Where Everyone Matters Tuesday, February 28, 2023
Call to Order/ Roll Call.
The meeting was called to order at 6:15 p.m.
Council Members Present:
Mayor David F. Bristol
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotten
Council Members Absent:
Mayor Pro-Tem Jeff Hodges
Staff Members Present:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Bob Scott, Executive Director of Administrative Services
Robyn Battle, Executive Director of Community Services
Chuck Ewings, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Director
David Soto, Planning Manager
Chris Landrum, Finance Director
Todd Rice, Communications Manager
Jessika Hotchkin, Help Desk Technician/Broadband Support
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Mike Martin with Hope Fellowship 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:
The Downtown Prosper Park Public Input Survey is underway. Town residents and Prosper
business owners have one more day to watch a descriptive video and respond to the survey to
share thoughts and visions for the park. Developing the Downtown Prosper Park will add an
exciting, yet passive, dimension to the revitalization of the downtown area. Residents may access
the video and survey through the Parks and Recreation page on the Town's website.
Get to know your local police officers and connect with your neighbors over coffee and a casual
conversation. Bring the kids along and feel free to ask questions while you're here! This event will
take place tomorrow, Wednesday, March 1 from 7:30-9:30 a.m. at 1418 Coffee in Downtown
Prosper (102 East Broadway, Prosper, TX).
Page 1 of 7
The Discover Downtown Series kicks off on Friday, March 31 with a Moonlight Movie. Bring the
family to Downtown Prosper for fun, games, popcorn, and to watch Sonic the Hedgehog 2, an
action -adventure comedy film. Fun begins at 7:00 p.m. Parking will be on the north side of Town
Hall with the movie beginning at dusk.
Deputy Mayor Pro-Tem Andres announced the Nutrition Workshop series being held by the Parks
and Recreation Department beginning on Wednesday, March 15 through April 5 from 6:00 p.m.
to 7:00 p.m. at 407 E. First Street.
Presentations.
1. Presentation of a Proclamation declaring February 28, 2023, as Prosper
Community Library Day. (LS)
Ms. Scott provided an overview of the Achievement of Excellence Award received by
the Prosper Community Library.
Mayor Bristol read and presented a Proclamation to Ms. Scott and library staff.
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.
2. Consider and act upon the minutes from the February 14, 2023, Town Council
Work Session meeting. (MLS)
3. Consider and act upon the minutes from the February 14, 2023, Town Council
Regular meeting. (MLS)
4. Consider and act upon the minutes from the February 18, 2023, Town Council
Work Session meeting. (MLS)
5. Consider and act upon Ordinance 2023-21 canceling the May 6, 2023, General
Election. (MLS)
6. Receive the Quarterly Investment Report. (CL)
7. Consider and act upon Resolution 2023-22 authorizing various individuals as
signers of specific accounts and certain investment matters. (CL)
8. Consider and act upon approval of annual software maintenance and
operational open purchase orders with MCCi, for the Information Technology
Department during FY 2023. (LJ)
9. Consider and act upon awarding RFP No. 2023-09-A for Benefits and Risk
Management Consultant services for the Town of Prosper, effective February
28, 2023, and authorizing the Town Manager to execute all documents for the
same. (JE)
10. Consider and act upon approving an update to the Library Policies. (LS)
11. Receive the 2022 Annual Racial Profiling Report for the Prosper Police
Department as required by state law. (DK)
Page 2 of 7
12. Consider and act upon Ordinance 2023-23 to rezone for a Specific Use Permit
for a Restaurant with Drive -Through Service on 1.12± acres, located on the north
side of US 380, west of Custer Road. (S22-0002) (DS)
13. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Eric Walker, and the Town of Prosper, Texas, related to the
Prosper Plaza development, located on the north side of US 380, west of Custer
Road. (DS)
14. Consider and act upon Ordinance 2023-24 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)
15. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Srkmer Real Estate Holding 2 LLC, and the Town of
Prosper, Texas, related to the Prosper Center development, located on the north
side of Prairie Drive, west of Legacy Drive. (DS)
16. Consider and act upon Ordinance 2023-25 for a Specific Use Permit for a new
Wireless Communications and Support Structure, on .05± acre, located on the
north side of Prosper Trail, west of Legacy Drive. (S22-0011) (DS)
17. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Anthemnet Inc, and the Town of Prosper, Texas, related to
the Legacy Tower, located on the north side of Prosper Trail, west of Legacy
Drive. (DS)
Mayor Bristol stated staff would like to pull items 8 and 9 to a future meeting
Councilmember Kern requested to pull item 12.
Councilmember Ray made a motion to approve consent agenda items 2 through 7,
10, 11, and 13 through 17. Councilmember Kern seconded that motion, and the motion
was unanimously approved.
Councilmember Kern stated in regard to item #12, he wanted to note the drive-thru
associated with the item.
Councilmember Ray made a motion to approve consent agenda item 12. Deputy
Mayor Pro-Tem Andres seconded that motion. The motion passed with a 5-1 vote,
with Councilmember Kern voting in opposition.
CITIZEN COMMENTS
No comments were made
Items for Individual Consideration:
18. Conduct a public hearing and consider and act upon a request to amend
Planned Development-94 (PD-94), for the Westside Development, on 63.7±
acres., located northside of University Drive and east of FM 1385. (Z22-0020)
(DS)
Mr. Soto presented this item indicating the amendment to the PD was for a big box
retail use and to allow for the use of gas pumps. In addition, the revised plan changes
locations of the restaurant uses to be located along US 380 and reduces the number
Page 3 of 7
of multi -family units. The applicant is also including additional landscape and buffering
along the residential border. Mr. Soto said the plan conforms to the Comprehensive
Plan. Staff received seven letters: five in opposition due to the screening wall. The
Planning and Zoning Commission approved the item subject to the applicant revising
the screening wall to a masonry screening wall along the multi -family side. Staff
recommends approval.
The Town Council discussed the retaining wall and if there would be a direct
connection to the neighborhood or not, as well as who is responsible for maintaining.
David Bond with Spiars Engineering spoke on behalf of the applicant. He provided an
overview of the proposed amendments to the PD. He indicated that they met with the
HOA to discuss the proposed plan. As a result, the developer agreed to have a
continuous wall alongside the back of the property for the residents, which would be
built when the big box is being constructed.
Steve Cross authorized representative for Costco noted the modifications on the plan
to improve the layout. The company is also working with TxDOT for the light at 1385,
the additional landscape buffer along the north side of the property, and the higher
dock wall to help shield from the neighborhood.
Risa Yuki, Principal with MG2, spoke to the architecture and elements of design
selected for the building.
Mayor Bristol opened the public hearing.
Catherine Ashley, 960 Westmoreland Drive, expressed her support of the item,
including the recommendation by the Planning and Zoning Commission to extend the
wall the full distance of the Glenbrooke subdivision.
Blake Patton, 5590 Manitou Drive, current HOA President, provided insight from the
meetings that have been held. The residents desired restricted access to the
neighborhood and preferred to have a continuous wall the length of the property
between the neighborhood and the development.
Chester Johnson, 5451 Exeter Drive, noted he was in favor of the development;
however, expressed his frustration of not receiving adequate communications from the
HOA regarding the changes, and being able to provide feedback. He requested
reconsideration with the developer regarding the trail versus the wall.
Shannon and Donny Crawford, 951 English Ivy Drive, submitted their comment of
support for the full wall between the community and the development. They also
requested that the walking path and gate at Kent Street be retained along with a
method for limited access such as key cards issued to the residents of Glenbrooke
residents only.
Jay Reesler, 5561 Exeter Drive, commented that he is opposed to a continuous barrier
separating the neighborhood from the new development. He indicated a walking trail
on Kent Drive accessing the development with a partial wall will greatly benefit the
resident of Glenbrooke.
Donald Crawford, 951 English Ivy Drive, is opposed. He commented that he
understands there has been a change to the North wall to extend all the way to the
east without the pedestrian walkway that used to be the Kent Drive dead end. He is
against not having a walkway in the middle.
Page 4 of 7
Mayor Bristol closed the public hearing
The Town Council further discussed the wall, concerns regarding the use and
percentages of materials being used, lighting including accent and parking, and design
of the gas pump area.
Mr. Cross and Ms. Yuki commented that they can make modifications to the design
elements to address the concerns by the Town Council. They also indicated the
lighting is all LED's and any accent lighting is down facing and the poles closer to the
subdivision are lower as well as down facing to avoid light pollution into the
neighborhood.
Mayor Bristol reminded the Town Council that they are considering an amendment to
the entire PD-94.
Deputy Mayor Pro-Tem Andres made a motion to approve a request to amend
Planned Development-94 (PD-94), for the WestSide Development, on 63.7± acres.,
located on the north side of University Drive and east of FM 1385 (Z22- 0020), subject
to the following:
The 8-foot screening wall on the north side of the property may have a
pedestrian entryway adjacent to Kent Drive.
2. Property Owner Association (POA) documentation may be approved by the
Executive Director of Development Services.
3. There shall be increased landscaping on the east fagade of the Costco
building.
4. There shall be revisions to the west and south elevations of the Costco
building.
Councilmember Bartley seconded that motion, and the motion was unanimously
approved.
19. Conduct a public hearing and consider and act upon a request to rezone 34.7±
acres from Commercial District (C) to a new Planned Development for Mixed
Use, located northside of Prosper Trail and west of Dallas Parkway. (Z22-0019)
(DS)
Councilmember Ray made a motion to remand this item back to the Planning and
Zoning Commission to be re -worked. Councilmember Cotten seconded that motion,
and the motion was unanimously passed.
Mayor Bristol noted that one comment card was received by Barbara Nugent noting
her opposition to the item and requested staff to reach out to the applicant regarding
the action taken.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Deputy Mayor Pro-Tem Andres stated due to the parking along Broadway by 1418 Coffee due to
the amount of people and citizens utilizing adjacent parking, would like to discuss the possibility
of crosswalks and/or stop signs. Mr. Ewings commented that watch for pedestrian signs were
being installed.
Page 5 of 7
Councilmember Bartley requested to schedule a Capital Improvements Sub Committee meeting
to discuss CIP projects.
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 and all matters incident
and related thereto.
Section 551.071 - Raphael Sanseverino v. Town of Prosper, Case No. 429-00932-
2020, pending in the 429th Judicial District Court of Collin County.
Section 551.074 - To discuss appointments to the Board of AdjustmenuConstruction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, Planning & Zoning Commission, and the Community
Engagement Committee, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:53 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 8:29 p.m.
Deputy Mayor Pro-Tem Andres made a motion to authorize the Town Manager to execute a
Settlement Agreement with Raphael Sanseverino relative to a motor vehicle accident and to
negotiate on behalf of the Town by its insurance carrier. Councilmember Ray seconded that
motion, and the motion was unanimously approved.
Deputy Mayor Pro-Tem Andres made a motion to appoint Kim Shamsy to the Parks and
Recreation Board. Councilmember Cotten seconded that motion, and the motion was
unanimously approved.
Deputy Mayor Pro -Tern Andres made a motion to appoint John Hamilton to the Community
Engagement Committee. Councilmember Bartley seconded that motion, and the motion was
unanimously approved.
Adjourn.
The meeting was adjourned at 8:31 p.m.
These minutes approved on the 14th day of March 2023.
APPROVED:
David F. Bristol, Mayor
Page 6 of 7
ATTEST:
Michelle Lewis Sirianni, Town Secretary
.3� OF P,40
A�
'1k
\ 1914,
TEXAS
Page 7 of 7