10.10.2023 Town Council Minutes■
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pRtSPER
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-Tem Craig Andres
Deputy Mayor Pro-Tem Marcus E. Ray
Councilmember Chris Kern
Council Members Absent:
Councilmember Amy Bartley
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
Mary Ann Moon, Economic Development Director
David Hoover, Development Services Director
Hulon Webb, Director of Engineering
Suzanne Porter, Planning Manager
Brady Cudd, Building Official
Ryan Patterson, Assistant Finance Director
Leigh Johnson, IT Director
Todd Rice, Communications Manager
Doug Kowalski, Police Chief
Shaw Eft, Assistant Fire Chief
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, October 10, 2023
Invocation Pledge of Allegiance and Pled - a to the Texas Flag.
Cole Travis 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:
Thank you to everyone who joined us for "Celebrate Prosper" in Frontier Park this past Saturday.
A special thank you to the Parks and Recreation Department, our volunteers, and all those who
were involved in making it a great event.
Join fellow active adults 55+ to meet and greet Mayor Bristol at the annual Mayor's luncheon on
Wednesday, October 18 from 11 a.m. to 1 p.m. at the Church of Jesus Christ of Latter -Day Saints
located at 970 N. Coit Road. Reserve your seat by contacting the Parks and Recreation
Department at 972-569-1064.
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The Prosper Community Library is going on the road for Halloween at Frontier Park on Friday,
October 20 at 10:30 a.m. This family -friendly event for all ages will include stories and songs to
celebrate the enchanting spirit of Halloween. Participants are encouraged to come dressed in
their favorite costume. Visit prospertx.gov/fallprograms for more information.
Join the Prosper Community Library on Thursday, October 26 from 6 to 7 p.m. for a heartwarming
Trick or Treat event designed especially for children with special needs and their families to enjoy
a fun Halloween experience. Visit prospertx.gov/fallprograms for more details.
Join the Town for its annual Arbor Day Celebration on Saturday, November 4 at 9:00 a.m. at
Windsong Park located at 950 Cooper Canyon Drive for a fun morning of planting and learning
about trees.
The annual Prosper Veterans Day 5K & Fun Run will be held on Saturday, November 11. The
event is open to runners and walkers of all ages. Join us for a day of unity and support for our
veterans. Register today by visiting prospertx.gov/veteransday5k.
Presentations.
1. Recognize outgoing Board and Commission members. (MLS)
Mayor Bristol recognized outgoing members by presenting a certificate and
announcing those unable to attend.
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 September 26, 2023, Town Council
Work Session meeting. (MLS)
3. Consider and act upon the minutes from the September 26, 2023, Town Council
Regular meeting. (MLS)
4. Consider acceptance of the August 2023 monthly financial report. (RP)
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)
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)
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)
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)
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)
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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)
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)
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)
13. Consider and act upon Ordinance 2023-66 amending Article 3.19 — Fence
Regulations of the Town of Prosper Code of Ordinances prohibiting screening
of open fencing in certain locations. (CE)
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)
Mayor Pro-Tem Andres made a motion to approve items 2 through 14. Deputy Mayor
Pro -Tern Ray seconded that motion. Motion carried with a 4-0 vote.
CITIZEN COMMENTS
Gordon Jones, 305 Oak Trail Drive, stated his concerns of being able to peacefully protest within
his First Amendment rights.
Items for Individual Consideration:
15. Conduct a public hearing and consider and act upon Ordinance 2023-67
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)
Mr. Cudd presented an overview of the new items within the Electrical Code noting the
reason for the change being the Town's ordinance will match the technical
requirements mandated by the Texas Department of Licensing and Regulation.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Deputy Mayor Pro-Tem Ray made a motion to approve Ordinance 2023-67 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". Mayor Pro-Tem Andres
seconded that motion. Motion carried with a 4-0 vote.
16. Consider and act upon Resolution 2023-68 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
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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)
Mr. Webb stated to facilitate the construction of this project, it is necessary for the
Town to acquire several parcels of right-of-way. As with other similar road construction
projects, it is not anticipated that all parcels will require the use of eminent domain to
complete the acquisition process, however, staff is requesting advance authorization
to pursue acquisition by eminent domain if standard negotiations are unsuccessful.
The Town Council asked if the design was the same as initially agreed upon and if this
road would eventually be six lanes divided. Mr. Webb confirmed that both comments
were true.
Mayor Pro-Tem Andres made a motion to approve a resolution 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. Deputy Mayor Pro-Tem Ray seconded that motion.
Deputy Mayor Pro-Tem Ray — In favor
Mayor Bristol — In favor
Mayor Pro-Tem Andres — In favor
Councilmember Kern — In favor
Motion carried with a 4-0 vote.
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)
Mr. Ewings presented outlining the improvements to the extension of the Dallas North
Tollway. The construction includes improvements that benefit the Town; therefore, the
Town is required to cover the associated costs. The improvements include the existing
braided ramps and U-turns at each major intersection. The Capital Improvement
Program (CIP) currently accounts for the cost of these projects.
Councilmember Kern made a motion to authorize 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. Deputy Mayor Pro-Tem Ray
seconded that motion. Motion carried with a 4-0 vote.
18. Consider and act upon a Resolution 2023-69 expressing official intent to
reimburse costs of Town Capital Improvement Program (CIP) 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)
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Mr. Patterson stated the proposed resolution will allow the Town to pay for projects in
the fiscal year 2023-2024 CIP, including costs associated with the construction of
street improvements, park improvements, public safety facilities, and water and
wastewater infrastructure, and the related infrastructure improvements.
Deputy Mayor Pro -Tern Ray made a motion to approve a Resolution 2023-69
expressing official intent to reimburse costs of Town Capital Improvement Program
(CIP) 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. Mayor Pro -Tern
Andres seconded that motion. Motion carried with a 4-0 vote.
19. Discuss and consider Town Council Subcommittee reports. (DFB)
Mayor Pro-Tem Andres provided a Legislative Subcommittee report noting that
representatives went into Special Session to cover school vouchers and finances. No
other reports were made.
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:
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 recessed into Executive Session at 6:49 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 7:16 p.m
No action was taken.
Adjourn.
The meeting was adjourned at 7:16 p.m.
These minutes were approved on the 24th day of October 2023.
APPROVED:
David F. Bristol, Mayor
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ATTEST:
LU;kZl el a�-.
Michelle Lewis Sirianni, Town Secretary
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