11.28.2023 Town Council MinutesMINUTES
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IS. TOWN
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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 -Tern 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
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
David Hoover, Development Services Director
Hulon Webb, Director of Engineering
Suzanne Porter, Planning Manager
Chris Landrum, Finance Director
Todd Rice, Communications Manager
Jessika Hotckin, Help Desk Technician
Doug Kowalski, Police Chief
Scott Brewer, Assistant Police Chief
Aiden Daily, Crime Analyst
Stuart Blasingame, Fire Chief
Shaw Eft, Assistant Fire Chief
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, November 28, 2023
Invocation. Pledge of Allegiance and Pledge to the Texas Flag.
Brad Wilkerson with Rock Creek 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:
Prosper residents and businesses are invited to dress up their locations for the annual Light the
Night decorating contest sponsored by CoServ. Contest winners in several categories will receive
a yard sign, gift card, and social media recognition. Those wishing to participate may sign up
online through our Parks & Recreation Department. The deadline to enter is Sunday, December
10 with judging taking place on Wednesday, December 13. The winners will be announced on
Friday, December 15.
The Prosper annual Christmas Festival will take place on Saturday, December 2 at Prosper Town
Hall. Come experience the magic of Santa Claus in his Workshop, the Kids Christmas Shoppe,
dazzling exhibits, community stage performances, horse-drawn wagon rides, and food truck
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vendors. Also, don't miss out on the Prosper Rotary Club Christmas Parade at 2:30 p.m., and the
Tree Lighting with Mayor Bristol at 7:00 p.m. followed by an exciting drone show. Visit the Town's
website for more information.
The Prosper Ladies Association is sponsoring their annual Prosper Christmas Angel Program. A
Christmas Angel Tree is located in the lobby of Town Hall. Residents may select a Wish Tag
from the tree and scan the QR code to help a Prosper ISD child or a senior citizen have a Merry
Christmas. Gift drop-off dates are December 4th through 6th.
Join Mayor Bristol and members of the Prosper Town Council and staff on Saturday, December
9 from 10:00 a.m. to 6:00 p.m. ringing the bell for the Salvation Army Red Kettle Challenge at the
Kroger located at 1250 N. Preston Road. All money raised will support a range of services that
combat poverty, addiction, and homelessness in Collin County.
Presentations.
1. Recognize Mike Howard with the prosper Police Department. (DK)
Chief Kowalski recognized Mr. Howard for his service to the country since 1951
highlighting his years in the Secret Service as a Special Agent working detail for
President Kennedy. Mr. Howard continues to work as a Peace Officer for the Town.
2. Presentation to the Town of Prosper for the 2023 Award for Planning Excellence
from the American Planning Association Texas Chapter. (DH)
Wendy Bonneau, FAICP, serving as Region 3 Director recognized and presented the
Planning Department with the 2023 Award for Planning Excellence.
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.
3. Consider and act upon the minutes from the November 14, 2023, Town Council
Work Session meeting. (MLS)
4. Consider and act upon the minutes from the November 14, 2023, Town Council
Regular meeting. (MLS)
5. Consider acceptance of the October 2023 monthly financial report. (CL)
6. Consider and act upon Resolution 2023-78 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 the approval of the purchase of a Forensics X7 Scanning
System through the DIR-CPO-4504; and authorizing the Town Manager to
execute documents for the same. (DK)
8. Consider and act upon authorizing the Town Manager to execute a Service
Agreement between Flock Group Inc. and the Town of Prosper, Texas, related
to the purchase of additional products and services. (DK)
9. Consider and act upon approval of the purchase of one Pegasus S5493 Mower
with accessories and authorize the Town Manager to execute documents related
to the purchase. (DB)
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10. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement between the County of Collin, Texas, and the Town of Prosper,
Texas, related to the Coit Road Intersection Improvements project. (HW)
11. Consider and act upon approving Change Order No. 02 for CSP No. 2022-50-B
to McMahon Contracting, LP, related to construction services for the Fishtrap
(Teel - Gee Road) & Gee Road (Fishtrap - Windsong Retail) project; and
authorizing the Town Manager to execute Change Order No. 02 for same. (HW)
12. Consider and act upon Ordinance 2023-79 amending Section 12.08.022,
"Definitions," and repealing Section 12.08.003, "Unlawful Act/Exemptions," with
a new Section 12.08.003, "Approved and Prohibited Truck Routes;
Exemptions,." of Article 12.08, "Truck Routes," of Chapter 12, "Traffic," of the
Code of Ordinances. (HW)
13. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Blue Star Allen Land L.P., 701/709 Stadium Drive LLC, and
the Town of Prosper, Texas, related to the construction of Safety Way. (HW)
14. Consider and act upon Ordinance 2023-80 to rezone for a Specific Use Permit
(SUP) for a Drive-Thru Restaurant, on 1.5± acres, located south of West Frontier
Parkway and east of North Dallas Parkway. (ZONE-23-0013) (DH)
15. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between DNT Frontier LP and the Town of Prosper relative to
McDonald's. (DH)
16. Consider and act upon Ordinance 2023-81 to rezone 0.3± acres from Single
Family-15 (SF-15) to Downtown Single Family (DTSF), for Hillside Addition,
Block 2, Lot 4, located north of East Fifth Street and west of North Church Street.
(ZONE-23-0018) (DH)
17. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Christopher & Jennifer Richter and the Town of Prosper
relative to 209 East Fifth Street. (DH)
18. Consider and act upon whether to direct staff to submit a written notice of
appeals on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on any
Site Plans including Frontier South Retail 1, Gates of Prosper Park, St. Martin de
Porres, and Lighthouse Church. (DH)
Mayor Pro-Tem Andres made a motion to approve items 3 through 18. Deputy Mayor
Pro-Tem Ray seconded that motion. Motion carried unanimously.
CITIZEN COMMENTS
James Russell, 1091 Cassi, yielded his time to Ms. Rauba.
Ivanka Herrera, 1131 Belknap Way, yielded her time to Ms. Rauba.
Brandon Bogue, 951 Yellowcress Drive, expressed his continued concerns regarding the traffic,
accidents occurring, and the need for a stop light at the intersection of Gee and Acacia.
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Laura Rauba, 4890 Milby Drive, stated her appreciation for the work and time of staff regarding
their concerns at the intersection of Gee and Acacia. Ms. Rauba noted based on crash data from
TxDOT, that it warrants a traffic light at the mentioned intersection. She requested the Town
Council to install a four-way traffic light at this intersection.
Mr. Canizares stated a warrant study would be conducted in mid to late January 2024. If the Town
Council would agree, staff could have a discussion item on the December 12 Work Session
regarding the criteria to warrant the installation of a traffic signal.
Items for Individual Consideration:
19. Discuss and consider Town Council Subcommittee reports. (DFB)
Deputy Mayor Pro-Tem Ray and Councilmember Kern provided a Downtown Advisory
Committee report.
Possibly direct Town staff to schedule topicJJs for discussion at a future meeting.
Councilmember Bartley requested staff to follow up on the donation boxes that are appearing
around the Town.
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 — To consult with the Town Attorney regarding In re Aqueous Film -
Forming Foams Product Liability Litigation, a nationwide class action lawsuit involving
3M Company and DuPont Company, pending in the United States District Court for
the District of South Carolina, Charleston Division.
The Town Council recessed into Executive Session at 6:57 p.m.
Reconvene in Regular Session and take anv action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 8:45 p.m.
Mayor Pro-Tem Andres made a motion to authorize the Town Manager to execute on behalf of
the Town Affidavits opting out of the PFAS class actions relative to 3M and DuPont, and to take
all other actions incident and related thereto. Deputy Mayor Pro-Tem Ray seconded that motion.
Motion carried unanimously.
Adjourn.
The meeting was adjourned at 8:46 p.m.
These minutes were approved on the 12th day of December 2023.
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APPROVED:
David F. Bristol, Mayor
ATTEST:
b"o'-X'W "S, aAakiz
Michelle Lewis Sirianni, Town Secretary
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