08.22.2023 Town Council MinutesUh
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MINUTES
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TOWN 01, Prosper Town Council Meeting
Rt
R1]Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
A Place Where Everyone Matters Tuesday, August 22, 2023
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-Tem Craig Andres
Deputy Mayor Pro-Tem Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Jeff Hodges
Councilmember Charles Cotten
Staff Members Present:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
Mary Ann Moon, Economic Development Director
David Hoover, Development Services Director
Hulon Webb, Director of Engineering
Dan Baker, Parks & Recreation Director
Chris Landrum, Finance Director
Leigh Johnson, IT Director
James Edwards, Human Resources Director
Todd Rice, Communications Manager
Jessika Hotchkin, Help Desk Technician
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation Pledge of Allegiance and Pledge to the Texas Flag.
Casey Burt 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 Town staff for a Budget Town Hall meeting on Thursday, August 31 at 6:00 p.m. in the
Council Chambers of Town Hall. Residents are invited to participate in person or may watch live
online at prospertx.gov/livemeetings.
Reminder that Town Hall Offices will be closed on Monday, September 4 for the Labor Day
Holiday. Due to the holiday, residents whose trash service falls on Monday will be delayed by one
day.
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Don't miss out on an unforgettable evening at Freedom Fest 2023, featuring a live performance
by Coffey Anderson. This highly anticipated concert is set to take place on the south lawn of Town
Hall in downtown Prosper on Saturday, September 2 beginning at 5:30 p.m. General Admission
tickets are now available or reserve your VIP tickets at prospertx.gov/freedomfesttickets.
Join us on Saturday, September 9 for Paws on Broadway as part of the Downtown Discover event
series in partnership with the Prosper EDC from 11:00 a.m. to 2:00 p.m. Bring your pup downtown
to enjoy a fun afternoon featuring treats and contests, along with pet -related exhibits and vendors.
Join the Prosper Police and Fire Departments on Monday, September 11 at 9 a.m. at Central Fire
Station located at 911 Safety Way for the Town's annual 9/11 Remembrance Ceremony. Carter
Blood Care will also be on site from 7:30 a.m. to 6:00 p.m. for anyone wishing to donate.
Registration is now open for the annual Prosper Veterans Day 5K & Fun Run. This event held on
Saturday, November 11 is a salute to the men and women who have served in our nation's
military. All proceeds will benefit the Prosper Veterans Memorial at Frontier Park. Register today
by visiting prospertx.gov/veteransday5k.
Presentations.
Presentation of THRIVES coins to members of the Prosper Police Department
for outstanding performance. (DFB)
Mayor Bristol presented a Mayors and THRIVES coin(s) to members of the Police
Department for their honorable efforts regarding two recent incidents.
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 at the request of Council Members or staff.
2. Consider and act upon the minutes from the August 8, 2023, Town Council Work
Session meeting. (MLS)
3. Consider and act upon the minutes from the August 8, 2023, Town Council
Regular meeting. (MLS)
4. Receive the Quarterly Investment Report for June 30, 2023. (CL)
5. Consider and act upon Ordinance 2023-54 approving a Negotiated Settlement
between the Atmos Cities Steering Committee and Atmos Energy Corporation,
Mid -Tex Division regarding the Company's 2023 Rate Review Mechanism Filing;
declaring the existing rates to be unreasonable; finding the rates to be set by
the attached Settlement Tariffs to be reasonable and in the public interest; and
approving an attachment establishing a benchmark for pensions and retiree
medical benefits. (TW)
6. Consider and act upon Resolution 2023-55 suspending the September 1, 2023,
effective date of a rate request from CoSery Gas Ltd. for the maximum period
allowed by law. (TW)
7. Consider and act upon authorizing the Town Manager to execute an Agreement
between Vector Solutions and the Town of Prosper for online training
management and scheduling applications. (SB)
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8. Consider and act upon authorizing the Town Manager to execute a contract
between Astound Business Solutions and the Town of Prosper, Texas, related
to establishing fiber network connectivity from Town Hall to Fire Stations 2 & 3,
pump station, and establishing fiber radio system connectivity from Prosper to
the City of Frisco. (LJ)
9. Consider and act upon Resolution 2023-56 designating The Frisco Enterprise as
the official newspaper of the Town of Prosper and The Dallas Morning News as
an alternative advertising source for FY 2023-2024. (MLS)
10. Consider and act upon Ordinance 2023-57 adopting new personnel policies
regarding mental health leave for certain personnel as required by recent
legislation and injury and illness leave for certain personnel as required by
recent legislation. (JE)
Deputy Mayor Pro-Tem Ray requested to pull item 8.
Mayor Pro-Tem Andres made a motion to approve items 2 through 7, 9, and 10.
Councilmember Hodges seconded that motion. Motion carried unanimously.
Deputy Mayor Pro-Tem Ray asked staff to clarify the service terms of the contract. Mr.
Johnson replied and spoke to the service terms of the contract.
Deputy Mayor Pro -Tern Ray made a motion to approve item 8. Councilmember
Hodges seconded that motion. Motion carried unanimously.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
11. Consider all matters incident and related to the issuance and sale of "Town of
Prosper, Texas, Combination Tax and Surplus Revenue Certificates of
Obligation, Series 2023", including the adoption of an ordinance authorizing the
issuance of such obligations and establishing procedures and delegating
authority for the sale and delivery of such obligations. (CL)
Mr. Landrum stated this item, if approved, authorizes the Town Manager to execute
the sale of bonds within the parameters set forth and the noted the water and
wastewater projects in connection with the issuance.
Mayor Pro -Tern Andres made a motion to adopt Ordinance 2023-58 authorizing the
issuance and sale of "Town of Prosper, Texas, Combination Tax and Surplus Revenue
Certificates of Obligation, Series 2023" and approving all other matters related thereto.
Deputy Mayor Pro-Tem Ray seconded that motion. Motion carried unanimously.
12. Receive an update on the 2023 Texas Legislative Session. (RB)
Ms. Battle introduced Jake Posey and Lorena Robledo with Strategies 360.
Mr. Posey and Ms. Robledo provided an update highlighting the bills that have the
most significant impact to the Town, ones that did not pass, and bills that will require
ordinance changes and/or policy changes. An advocacy strategy for the post and off -
session was also discussed.
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13. 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) (DH)
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15.
Mr. Hoover reviewed the history of the request and stated all the requests by the Town
Council have been captured and presented within the materials for the Council's
consideration.
Mayor Bristol read written comments by Shawn Graham, 2940 Vista View Ln
supporting the rezoning request.
The Town Council discussed the multi -family component of the project and noted their
appreciation for the triggers along with the developer's willingness to make changes
based on their feedback.
Deputy Mayor Pro-Tem Ray made a motion to approve 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. Councilmember
Hodges seconded that motion. Motion carried unanimously.
Consider and act upon a Development Agreement for the proposed Pradera
Development, located north of Prosper Trail and west of the Dallas Parkway.
(DH)
Mr. Hoover indicated this item is in relation to the previous rezoning request, and the
agreement includes all changes requested.
Councilmember Bartley made a motion to approve a Development Agreement for the
proposed Pradera Development located north of Prosper Trail and west of Dallas
Parkway. Councilmember Hodges seconded that motion. Motion carried unanimously.
Conduct a public hearing and consider and act upon a request to update the
Town of Prosper's Comprehensive Plan. (DH)
Mr. Hoover introduced this item stating the proposed plan has been presented to the
Planning and Zoning Commission as well as the Community Engagement Committee.
The P&Z Commissioners recommended that low density residential remain on the
southeast corner of FM-1385 and Parvin Road instead of the proposed medium
density residential. Additionally, they recommended that low density residential remain
on the southwest corner of Frontier and Shawnee instead of the proposed medium
density residential.
Ms. Wendy Bonneau and Rhys Wilson with Freese & Nichols, Consultants, presented
the recommendations from the advisory committee and the Planning and Zoning
Commission, and highlighted the changes in the goals and objectives to the proposed
update.
The Town Council discussed the proposed changes to the Future Land Use Plan
(FLUP), drive-thrus, building heights, detention ponds with lighting, and considering
adding the DNT overlay as an objective.
Mayor Bristol opened the public hearing.
No comments were made.
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Mayor Bristol closed the public hearing
Deputy Mayor Pro-Tem Ray made a motion to approve a request to update the
Comprehensive Plan based on the recommendations from the Town's consultant with
the following revisions: Change the Planning and Zoning Commission
recommendation to the CPAC recommendation regarding Area 1 contained in Figure
49 and Area 3 contained in Figure 53; eliminate the first bullet point regarding drive-
thrus on page 71; add a recommendation to explore a DNT overlay; and add an
objective regarding wet detention in Image Enhancement on page 82, consistent with
the Town's current ordinance. Councilmember Bartley seconded that motion. Motion
carried unanimously.
16. Discuss CIP and Finance Subcommittee recommendations and receive Council
direction regarding the FY 2023-2024 Proposed Budget. (RBS/CL)
Mr. Scott provided an overview of the proposed budget including General Fund, Utility
Fund, Solid Waste Fund, Stormwater Drainage Fund, and personnel and
compensation changes. Mr. Scott stated based on the Town Councils request, these
committees met in order to provide recommendations regarding the capital dedicated
projects. The CIP Subcommittee recommendation is to maintain the capital dedicated
portion of the tax levy at its current level. The subcommittee also outlined a list of their
recommended projects for 2024. The Finance Subcommittee accepted these
recommendations. In addition, the Finance Subcommittee provided general support
for the staff recommendations.
The Town Council discussed the summary of the proposed capital dedicated projects,
personnel, and searching for grants when feasible for projects.
17. Discuss and consider Town Council Subcommittee reports. (DFB)
Mayor Bristol indicated updates were presented in the previous agenda item
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Councilmember Kern requested a list of the no-thru truck zones within Town limits.
Deputy Mayor Pro-Tem Ray requested an assessment of the streets that have buckled, as well
as revisiting damaged medians in need of repair.
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 551.089 - Deliberation of security information collected, assembled or
maintained by or for a governmental entity to prevent, detect, or investigate criminal
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activity, pursuant to Section 2059.055 of the Texas Government Code, and all matters
incident and related thereto.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction
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 8:56 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 9:46 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 9:46 p.m.
These minutes were approved on the 12th day of September 2023.
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED:
David F. Bristol, Mayor
PEXN
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