01.23.2024 Town Council Minutesi
MINUTES
�wt:l� Prosper Town Council Meeting
PR-1`
SPN
O1]Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
A Place Where Everyone Matters Tuesday, January 23, 2024
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
Council Members Absent:
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
David Hoover, Development Services Director
Hulon Webb, Director of Engineering
Suzanne Porter, Planning Manager
Chris Landrum, Finance Director
Mary Ann Moon, Economic Development Director
Dan Baker, Parks and Recreation Director
Todd Rice, Communications and Media Relations Manager
Kellen Land, Help Desk Technician
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation Pledge of Allegiance and Pled - a to the Texas Flag.
Greg Jones with Rock Creek Church led the invocation. Cub Scout Pack 289 led and recited the
Pledge of Allegiance and the Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Councilmember Kern made the following announcements:
Join Mayor Bristol for the Mayor's Annual Update on Thursday, January 25 from 5:30 p.m. to 7:00
p.m. at Hope Fellowship Church located at 2000 W. Prosper Trail. Mayor Bristol will be sharing
important insights into the Town's progress over the past year, as well as all the exciting things
coming in 2024. The event is free and open to the public.
Join us on Saturday, February 17 from 9 to 11 a.m. for the Prosper Fishing Derby at the Frontier
Park Pond, located at 1551 Frontier Pkwy. The Prosper Fishing Derby is a friendly competition
for kids and a relaxing morning for the entire family. Judges will be stationed around the pond to
Page 1 of 6
chart fish caught and tally the catches of the day. Prizes will be awarded for Most Fish Caught in
various age divisions. The event is free of charge and registration is not required. For more details,
visit the Special Events page within the Parks and Recreation Department.
Thank you for your patience regarding the distribution of the approximately 28,000 new 95-gallon
trash and recycling carts to all residences. This is a large undertaking, and we are working to
resolve problems as quickly as we can. Distribution is currently slightly ahead of schedule, and
you may receive your new carts before your scheduled trash day.
CWD logo carts should be left out on the street for pickup by CWD after they are emptied. New
Prosper carts can be used immediately upon receipt and will be serviced by CWD through
Wednesday, January 31 st. Republic will begin servicing the Town on Thursday, February 1 st.
A trash transition page on the Town's website has a list of Frequently Asked Questions and other
helpful information. Any additional questions can be sent to ub(cDprospertx.gov.
Presentations.
1. Presentation of a Proclamation to the University of Texas at Dallas Naveen
Jindal School of Management recognizing its Capstone Senior Project program.
(LJ)
Mr. Johnson provided an overview of the program followed by Mayor Bristol presenting
a Proclamation to the students.
2. Presentation of a Proclamation declaring the week of January 13-28, 2024, as
Health for Humanity Yogathon. (MLS)
Mayor Bristol read and presented a Proclamation to Neeraj Agrawal.
Mr. Agrawal spoke about the Health for Humanity Yogathon and thanked the Mayor
and Town Council for their support.
3. Recognize Frank Jaromin, Public Works Director, for his years of dedicated
service to the Town of Prosper upon his retirement. (CE)
Mr. Ewings recognized Mr. Jaromin for his years of service to the Town.
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.
4. Consider and act upon the minutes from the January 9, 2024, Town Council
Work Session meeting. (MLS)
5. Consider and act upon the minutes from the January 9, 2024, Town Council
Regular meeting. (MLS)
6. Consider acceptance of the December 2023 monthly financial report. (CL)
7. Consider and act upon ratifying an emergency purchase expenditure to
Consolidated Traffic Controls, Inc. related to the Town's emergency repair of a
traffic signal pole located at Prosper Trail and the Dallas North Tollway (DNT).
(FJ)
Page 2 of 6
8. Consider and act upon Ordinance 2024-13 releasing 19.358 Acres, more or less,
generally located west of FM 1386 in Denton County, from the Town's
Extraterritorial Jurisdiction. (TW)
9. Consider and authorize the transfer of $6,102,367.26 in American Rescue Plan
Act (ARPA) funds to Upper Trinity Regional Water District (UTRWD) to support
the expansion of the Doe Branch Wastewater Treatment Plant. (CE)
10. Consider and act upon Ordinance 2024-14 amending the Town of Prosper
Zoning Ordinance by amending conditional development standards for certain
location requirements of gas pumps contained in Subpart 3 and Subpart 17 of
Subsection 1.4 of Section 1 of Chapter 3. (ZONE-23-0039) (DH)
11. Consider and act upon Ordinance 2024-15 to rezone 26.1± acres from
Agricultural (AG) to Planned Development-126 (PD-126), for Prosper School
Church Addition, Block A, Lot 2, located north of West First Street and west of
South Legacy Drive. (ZONE-23-0030) (DH)
12. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between James Riley and the Town of Prosper relative to Rock Creek
Church. (DH)
13. Consider and act upon Ordinance 2024-16 to rezone 34.7± acres from
Commercial (C) to Planned Development-119 (PD-119), for Collin County School
Land Survey, Abstract No. 147, Tract 47, located north of West Prosper Trail and
west of North Dallas Parkway. (Z22-0019) (DH)
Deputy Mayor Pro-Tem Ray requested to pull item 7
Mayor Pro-Tem Andres made a motion to approve consent agenda items 4 through 6
and 8 through 13. Councilmember Hodges seconded that motion. Motion carried with
a 6-0 vote.
Mayor Bristol commented that there were individuals wanting to comment on item 7.
Former Council Members Jason Dixon, Meigs Miller, and Curry Vogelsang shared
their appreciation and gratitude to Mr. Jaromin for all he's done for the Town. They
acknowledged his dedication, leadership, and service upon his retirement.
Deputy Mayor Pro-Tem Ray and Mayor Bristol shared their thanks echoing comments
made by the former Councilmembers.
Deputy Mayor Pro-Tem Ray made a motion to approve item 7. Mayor Pro -Tern Andres
seconded that motion. Motion carried with a 6-0 vote.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
14. Conduct a public hearing to consider and act upon a request for a Specific Use
Permit (SUP) for a Wireless Communications and Support Structure, on
Lakewood Preserve, Block A, Lot 1, on 0.1± acre, located south of East First
Street and east of South Coit Road. (ZONE-23-0036) (DH)
Page 3 of 6
Mr. Hoover presented the item providing a background of the item and the previous
requests made, noting the site location, and plantings/landscaping that would be done
around the structure. Mr. Hoover commented that the company would be responsible
for maintaining the landscaping that is being planted.
The Town Council discussed the caliper size of the trees being planted, size and height
of structure in relation to the overhead powerlines, and if the park nearby would be
affected in any way.
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 a request for a Specific Use
Permit (SUP) for a Wireless Communications and Support Structure, on Lakewood
Preserve, Block A, Lot 1, on 0.1± acre, located south of East First Street and east of
South Coit Road. Councilmember Hodges seconded that motion. Motion carried with
a 6-0 vote.
15. Consider and act upon awarding CSP No. 2024-10-B to Zachry Construction
Corporation, related to construction services for the Legacy Drive (Prairie -
First) - 4 Lanes project; and authorizing the Town Manager to execute a
construction agreement for same. (HW)
Mr. Webb provided a brief description of the project and the bid process. Of the four
bids received, the Town selected Zachary Construction based on being the lowest bid
and overall time to complete the project.
Councilmember Bartley stated that this project is an accelerated infrastructure project.
Councilmember Hodges made a motion to approve awarding CSP No. 2024-10-B to
Zachry Construction Corporation, related to construction services for the Legacy Drive
(Prairie - First) - 4 Lanes project; and authorizing the Town Manager to execute a
construction agreement for same. Mayor Pro-Tem Andres seconded that motion.
Motion carried with a 6-0 vote.
16. Consider and act upon awarding CSP No. 2024-11-B to Maya Underground
Contractors LLC, related to construction services for the Dallas North Tollway
(Prosper Trail - Frontier) 12-inch Waterline project; and authorizing the Town
Manager to execute a construction agreement for same. (HW)
Mr. Webb provided a brief description of the project and the bid process. Of the nine
bids received, the Town selected Maya Underground Contractors, LLC based on
overall cost and days to complete the project. Mr. Webb noted that time was important
due to the impacts on traffic that will occur during the construction period.
The Town Council discussed the area of the project and the positive impact this will
have once completed.
Mayor Pro-Tem Andres made a motion to award CSP No. 2024-11-B to Maya
Underground Contractors LLC, related to construction services for the Dallas North
Tollway (Prosper Trail - Frontier) 12-inch Waterline project; and authorizing the Town
Manager to execute a construction agreement for same. Councilmember Hodges
seconded that motion. Motion carried with a 6-0 vote.
Page 4 of 6
17. Consider and act upon Resolution 2024-17 of the Town Council of the Town of
Prosper, Texas, declaring the public necessity to acquire certain properties for
right-of-way, drainage easements, a water easement, a street easement, a
sidewalk easement and temporary construction easements for the construction
of the Craig Road (Preston - Fifth) 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)
Mr. Webb stated the Town is in the process of developing engineering plans for the
construction of the Craig Road (Preston - Fifth) project. To facilitate the construction
of the project, it is necessary for the Town to acquire several parcels of right-of-way,
drainage easements, a street easement, a sidewalk easement, and temporary
construction easements. The thirteen (13) properties are identified in the attached
resolution, and the location map included with this agenda item depicts the properties
affected. 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.
Councilmember Bartley made a motion to approve Resolution 2024-17 declaring the
public necessity to acquire certain properties for right-of-way, drainage easements, a
street easement, a sidewalk easement, and temporary construction easements, for
the construction of the Craig Road (Preston - Fifth) project with such properties being
more particularly described in the attached resolution; 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. Councilmember Kern seconded that motion.
Councilmember Hodges — In Favor
Deputy Mayor Pro-Tem Ray — In Favor
Mayor Bristol — In Favor
Mayor Pro-Tem Andres — In Favor
Councilmember Kern — In Favor
Councilmember Bartley — In Favor
Motion carried with a 6-0 vote
18. Discuss and consider Town Council Subcommittee reports. (DFB)
Councilmember Bartley provided an update on the Downtown Advisory Committee
noting the purchase of new trash receptacles and benches. They are awaiting bids on
archways and are acquiring pricing on other items. Deputy Mayor Pro-Tem Ray added
the purchase of the new parking banners are up highlighting the public parking areas
and designated handicap spaces and crosswalks are being repainted.
Page 5 of 6
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.
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.
Section 551.071- To consult with the Town Attorney regarding legal issues associated
with Article 1.09 and Article 8.03 of the Town's Code of Ordinances, and Chapter 214
of the Texas Local Government Code, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:20 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 9:22 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 9:22 p.m.
These minutes were approvqAaa4be.13th day of February 2024.
N
ATTEST:
I ?UOLLUC
Michelle Lewis Sirianni, Town Secretary
APPROVED:
David F. Bristol, Mayor
Page 6 of 6