10.10.23Welcome to the October 10, 2023,
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
Presentations
Agenda Item 1.
Recognize outgoing Board and Commission members. (MLS)
Consent Agenda
Agenda Item 2.
Consider and act upon the minutes from the September 26,
2023, Town Council Work Session meeting. (MLS)
Agenda Item 3.
Consider and act upon the minutes from the September 26,
2023, Town Council Regular meeting. (MLS)
Agenda Item 4.
Consider acceptance of the August 2023 monthly financial
report. (RP)
Agenda Item 5.
Consider and act upon awarding RFP No. 2023-27-A to UBM
Enterprises Inc. related to custodial services for Town
facilities; and authorizing the Town Manager to execute a
contract for services for the same. (CE)
Agenda Item 6.
Consider and act upon approving the purchase of
pharmaceuticals and emergency medical supplies from Bound
Tree Medical, LLC, at the unit prices bid through a City of
Richardson contract. (SB)
Agenda Item 7.
Consider and act upon approving the purchase of uniforms
and equipment from Galls, LLC through the City of Frisco
cooperative best value bid (1905-082). (SB)
Agenda Item 8.
Consider and act upon approving the purchase of 13 Air-Pak
X3 Pro SCBA’s from Municipal Emergency Services through
the National Purchasing Partners (NPP) program. (SB)
Agenda Item 9.
Consider and act upon approving funding for expenses of
scheduled and unscheduled maintenance and repairs by
Siddons-Martin Emergency Group, LLC to fire department
apparatus including fire engines and aerial trucks. (SB)
Agenda Item 10.
Consider and act upon authorizing the Town Manager to
execute a Professional Services Agreement between Lee
Engineering, LLC, and the Town of Prosper, Texas, related to
providing on-call traffic engineering services. (HW)
Agenda Item 11.
Consider and act upon authorizing the Town Manager to
execute a License, Maintenance, and Hold Harmless
Agreement between 390 West Broadway LLC, and the Town
of Prosper, Texas, related to the installation and maintenance
of a patio within the right-of-way of McKinley Street for the
Blackhawk Brewery development. (HW)
Agenda Item 12.
Consider and act upon authorizing the Town Manager to
execute a Roadway Impact Fee Agreement between DNT
Frontier, LP, and the Town of Prosper, Texas, related to the
construction of the DNT Backer Road to serve the DNT
Frontier Retail Center development. (HW)
Agenda Item 13.
Consider and act upon an ordinance amending Article 3.19 – Fence
Regulations of the Town of Prosper Code of Ordinances prohibiting
screening of open fencing in certain locations. (CE)
Agenda Item 14.
Consider and act upon authorizing the Town Manager to execute a
Development Agreement between Orion RE Capital and the Town of
Prosper relative to Pradera. (DH)
Citizen Comments
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.
Agenda Item 15.
Conduct a public hearing and consider and act upon an ordinance
repealing Article 3.06, “Electrical Code”, of the Code of
Ordinances of the Town of Prosper and replacing it with a new
Article 3.06, “Electrical Code”. (DH)
2020 NEC requirements at Kitchen Islands
2023 NEC requirements at Kitchen Islands
Substantiation for Code Change
•Consumer Product Safety Commission (CPSC) data showing that
between 1991 and 2020, an estimated 9,700 people, many of them
children, were treated in United States emergency departments for burns
and other injuries after pulling on or running into power cords plugged into
receptacle outlets installed below island and peninsula work surfaces.
Reason for Ordinance Change
•Effective September 1, 2023, the Texas Department of Licensing and
Regulation adopted the 2023 National Electrical Code as a Technical
Requirement.
•Moving to the 2023 NEC will provide builders and electricians with clarity
on how to proceed with electrical installations in the Town of Prosper as
our ordinance will match the Technical Requirements mandated by TDLR.
Agenda Item 16.
Consider and act upon a resolution of the Town Council of the Town of Prosper,
Texas, declaring the public necessity to acquire certain properties for right-of-way
for the construction of the Coit Road (First-Frontier) project; determining the public
use and necessity for such acquisition; authorizing the acquisition of property
rights necessary for said Project; appointing an appraiser and negotiator as
necessary; authorizing the Town Manager to establish just compensation for the
property rights to be acquired; authorizing the Town Manager to take all steps
necessary to acquire the needed property rights in compliance with all applicable
laws and resolutions; and authorizing the Town Attorney to institute condemnation
proceedings to acquire the property if purchase negotiations are not successful.
(HW)
Agenda Item 17.
Consider and act upon authorizing the Town Manager to
execute an agreement with the North Texas Tollway Authority
(NTTA) for funding of improvements related to the extension
of the Dallas North Tollway. (CE)
NTTA Agreement
Requires Town Fund Certain Improvements
•Braided Ramps - $7.6M
•Three equal payments of $2.55M over three years
•U-Turns at Town street crossings - $5.5M
•To be paid FY27
•Includes overpass of future street at NTTA’s
expense
Agenda Item 18.
Consider and act upon a resolution 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 obligations. (RP)
FY2024 GO & CO Bond Funded ProjectsGO Projects CO Projects
Public Safety Facility
Fire Station #4 10,200,000
Parks and Recreation
Raymond Community Park 9,000,000
Streets and Transportation
First Street (DNT - Coleman):9,000,000
Coit Road (First - Frontier):1,700,000
Teel (US 380 - First St): 1,400,000
Legacy (First - Star Trail): 650,000
Streets and Transportation Subtotal 12,750,000
Grand Total GO Projects $31,950,000
Wastewater
Doe Branch Parallel Interceptor:2,700,000
Doe Branch, Phase 3 WWTP:21,409,669
Grand Total CO Projects $24,109,669
Total Reimbursement
$56,059,669
Agenda Item 19.
Discuss and consider Town Council Subcommittee reports. (DFB)
Possibly direct Town Staff to schedule topic(s) for
discussion at a future meeting.
Executive Session
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.
The Town Council will reconvene after Executive
Session.
Reconvene into Regular Session and take any
action necessary as a result of the Closed Session.
Adjourn