02.13.2024 Town Council Minutes■
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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-Tem Craig Andres
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Jeff Hodges
Councilmember Charles Cotten
Council Members Absent:
Deputy Mayor Pro-Tem Marcus E. Ray
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, February 13, 2024
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
Hulon Webb, Director of Engineering Services
Dan Baker, Director of Parks and Recreation
David Hoover, Development Services Director
Suzanne Porter, Planning Manager
Todd Rice, Communications and Media Relations Manager
Scott Brewer, Assistant Police Chief
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Lance Millsaps 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 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
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.
Join us for the groundbreaking ceremony at Raymond Community Park on Thursday, February
22, at 10 a.m. at the northwest corner of First Street and Coit Road in Prosper. Come discover
the start of Phase 1 of this project and the exciting amenities it will bring to our community. Parking
will be available at St. Paul's Episcopal Church.
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Mayor Bristol announced the Prosper Exchange hosted by the Prosper Economic Development
Corporation on February 15 and recognized Councilmember Cotten's upcoming milestone
birthday.
Presentations.
1. Receive a presentation from the Salvation Army of North Texas regarding the
2023 Mayor's Red Kettle Challenge.
The Salvation Army recognized Mayor Bristol for winning the 2023 Red Kettle
Challenge. He was presented with a certificate and the winning bell.
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 January 23, 2024, Town Council
Regular meeting. (MLS)
3. Consider and act upon Ordinance 2024-18 ordering a General Election to be held
on May 4, 2024, for the purpose of electing a Councilmember Place 2 and
Councilmember Place 6; designating location of polling places; ordering notices
of election to be given as prescribed by law and authorizing the Town Manager
to execute contracts with Collin County and Denton County Election
Departments for joint election services. (MLS)
4. Consider and act upon Ordinance 2024-19 amending Division 3, "Community
Engagement Committee," of Article 1.04, "Boards, Commissions and
Committees," within Chapter 1 of the Town's Code of Ordinances by amending
Section 1.04.039, "Number of Members," and Section 1.04.042 "ChairNice-
Chair/quorum." (MILS)
5. Consider and act upon approval of a Professional Services Agreement between
the Town of Prosper and Soccer Sparks LLC for recreation program instructor
services; and authorizing the Town Manager to execute documents for same.
(DB)
6. Consider and act upon approval of a Professional Services Agreement between
the Town and Prosper and Gray Event Management for recreation program
instructor services; and authorizing the Town Manager to execute documents
for same. (DB)
7. 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
Preliminary Site Plans and Site Plans. (DH)
Staff requested to pull items 5 and 6 to be tabled to February 27.
Mayor Pro-Tem Andres made a motion to approve consent agenda items 2 through 4
and item 7, and to table items 5 and 6 to February 27, 2024. Councilmember Hodges
seconded that motion. Motion carried with a vote of 6-0.
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CITIZEN COMMENTS
Miriam Kassem, 1401 Woodhaven Drive, requested the Town Council to consider approving a
Cease Fire Resolution to support ending the war in Gaza.
Yaseen Paul, 1920 Blue Forest Drive, requested the Town Council to consider approving a Cease
Fire Resolution to support ending the war in Gaza.
Rajaie Salah, 2648 Redcedar Drive, Little Elm, requested the Town Council to consider approving
a Cease Fire Resolution to support ending the war in Gaza.
Mr. Kassem, 1401 Woodhaven Drive, requested the Town Council to consider approving a Cease
Fire Resolution to support ending the war in Gaza.
At 6:37 p. m., the Town Council took a brief recess.
At 6:45 p.m., the Town Council reconvened back into regular session.
Items for Individual Consideration:
8. Conduct a public hearing and consider and act upon a request for a Planned
Development for Mini-Warehouse/Public Storage, Restaurant, and Retail uses
on 8.7± acres on Collin County School Land Survey, Abstract 147, Tracts 1-7
and 28, located on the northwest corner of North Coleman Street and West
Prosper Trail. The property is zoned Agricultural and Commercial. (ZONE-23-
0017) (DH)
Mr. Hoover presented the item by noting the location of the request, surrounding
zoning, and details of the request including parking, landscaping, and screening.
Additionally, the request would allow for two multi -tenant buildings with both restaurant
and retail uses. Mr. Hoover stated that the current zoning and the Future Land Use
Plan (FLUP) indicate that commercial uses are appropriate in this area; however, staff
do not believe that public storage is an appropriate use at this location. The Planning
and Zoning Commission recommended denial of the item by a vote of 5-1 at their
January 16 meeting. Two letters and one phone expressing opposition were received.
Staff is recommending denial.
The Town Council discussed the feedback received from the Planning and Zoning
Commission and the commercial uses versus the retail uses of the request.
The Civil Engineer representing the landowner spoke on his behalf noting that the
intent of the request is to keep the commercial uses as the base zoning with half being
restaurant/retail and the other half being storage which would be requested through a
Special Use Permit (SUP). They also intend on adding additional trees/screening.
The Town Council further discussed the outdoor storage, phasing of the development,
materials, and height of the buildings, and how the adjacent neighborhood would be
affected.
Mayor Bristol opened the public hearing
No comments were made.
Mayor Bristol closed the public hearing.
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The Town Council additionally discussed the directional layout of the buildings and
landscaping standards.
Councilmember Cotten made a motion to deny a request for a Planned Development
for Mini-Warehouse/Public Storage, Restaurant, and Retail uses on 8.7± acres on
Collin County School Land Survey, Abstract 147, Tracts 1-7 and 28, located on the
northwest corner of North Coleman Street and West Prosper Trail. The property is
zoned Agricultural and Commercial. Councilmember Bartley seconded that motion.
Motion carried with a 6-0 vote.
9. Consider and act upon awarding CSP No. 2024-12-B to Wilson Contractor
Services, related to construction services for the DNT Waterline Relocation (US
380 - First Street) project; and authorizing the Town Manager to execute a
construction agreement for same. (HW)
Mr. Webb introduced this item stating that this project consists of all the work needed
to relocate an existing 16-inch waterline in conflict with the proposed construction of
NTTA's main lanes. The project was advertised with the Town receiving ten bids with
a project timeline from 110 days to 310 days. Reference checks were conducted with
positive feedback received. The cost for the construction of the project is
$1,269,004.08 coming in below the total budget for the project. Staff is recommending
approval.
Councilmember Hodges made a motion to approve awarding CSP No. 2024-12-B to
Wilson Contractor Services, related to construction services for the DNT Waterline
Relocation (US 380 - First Street) project; and authorizing the Town Manager to
execute a construction agreement for same. Mayor Pro -Tern Andres seconded that
motion. Motion carried with a 6-0 vote.
10. Consider and act upon Resolution 2024-21 of the Town Council of the Town of
Prosper, Texas, declaring the public necessity to acquire certain property for a
water line easement for the construction of the DNT Waterline Relocation (US
380 - First Street) 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 introduced this item noting the waterline relocation project. The proposed
resolution is requesting advance authorization to pursue acquisition by eminent
domain if standard negotiations are unsuccessful.
Mayor Pro-Tem Andres made a motion to approve Resolution 2024-21 declaring the
public necessity to acquire certain waterline easements for the construction of the DNT
Waterline Relocation (US 380 - First Street) project; project with such the property
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
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authorizing the Town Attorney to institute condemnation proceedings to acquire the
property if purchase negotiations are not successful. Councilmember Cotten seconded
that motion.
Councilmember Cotten — In Favor
Councilmember Hodges — In Favor
Mayor Bristol — In Favor
Mayor Pro -Tern Andres — In Favor
Councilmember Kern — In Favor
Councilmember Bartley — In Favor
Motion carried with a 6-0 vote.
11. Consider and act upon Ordinance 2024-20 amending Section 4.09.001,
"Definitions," of Article 4.09, "Special Events and Temporary Outdoor Seasonal
Sales," of Chapter 4, "Business Regulations," of the Code of Ordinances, and
amending article 4.09, "Special Events and Temporary Outdoor Seasonal
Sales," of Chapter 4, "Business Regulations," of the Code of Ordinances by
adding a new section 4.09.14, "Parking," to address temporary parking of
vehicles at special events. (DB)
Mr. Baker stated the proposed amendments would allow the Town to post "no parking"
signs at special events and allow the Police Department to enforce the regulation by
issuing a citation or towing if necessary.
Councilmember Kern made a motion to approve Ordinance 2024-20 amending
Section 4.09.001, "Definitions," of Article 4.09, "Special Events and Temporary
Outdoor Seasonal Sales," of Chapter 4, "Business Regulations," of the Code of
Ordinances, and amending article 4.09, "Special Events and Temporary Outdoor
Seasonal Sales," of Chapter 4, "Business Regulations," of the Code of Ordinances by
adding a new section 4.09.14, "Parking," to address temporary parking of vehicles at
special events. Mayor Pro-Tem Andres seconded that motion. Motion carried with a
6-0 vote.
12. Receive an update on the Parks, Recreation and Open Space Master Plan. (DB)
Mr. Baker introduced this item stating that stakeholder groups have been selected to
represent the Advisory Committee, which include members of the active adult
community, Parks and Recreation Board, Community Engagement Committee,
Prosper Youth Sports Commission, Proser Independent School District, the faith
community, Downtown Business Alliance, Mayor's Youth Advisory Council,
Homeowners Association leadership, families with children with special needs, and
the cricket community. This committee will attend four quarterly meetings led by the
consultant, Dunaway Associates. The Parks and Recreation Board approved and
recommended the proposed committee members to the Town Council. In addition, two
focus groups will also be formed as part of the public input process. The invitees are
still being discussed; however, the Parks and Recreation Board did approve the
stakeholder groups recommended.
The Town Council discussed the diversity of the committee and expressed their
appreciation for those individuals that are participating.
13. Discuss and consider Town Council Subcommittee reports. (DFB)
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Councilmember Cotten provided a Capital Improvement Projects (CIP) Subcommittee
report recapturing items noted during the work session.
Mayor Pro-Tem Andres provided a Legislative Subcommittee report noting the Town's
participation with the TML Legislative Process as we move into the primary season.
Councilmember Bartley provided a Downtown Advisory Committee report noting the
committee is receiving cost estimates for arches and continue to vet projects based
on cost projections. To date, $19,000 funds are committed to projects.
Councilmembers Bartley and Hodges provided a Community Engagement Committee
update noting the discussions regarding the mobile app and working with the vendor
to find solutions to use it for push notifications for alerts, etc.
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 Upper Trinity Regional Water District
Board of Directors, and all matters incident and related thereto.
Section 551.071 - To consult with the Town Attorney regarding legal issues
associated with code enforcement activities and substandard structures, and all
matters incident and related thereto.
Section 551.074 - To discuss and consider personnel matters, including the annual
evaluation of the Town Manager, Town Attorney and the Municipal Judge, and all
matters incident and related thereto.
The Town Council recessed into Executive Session at 7:35 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 9:01 p.m.
Mayor Pro-Tem Andres made a motion to appoint George Dupont to the Upper Trinity Regional
Water District Board of Directors. Councilmember Hodges seconded that motion. Motion carried
with a 6-0 vote.
Adjourn.
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The meeting was adjourned at 9:02 p.m.
These minutes were approved on the 27th day of February 2024,
ATTEST:
APPROVED:
David F. Bristol, Mayor
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Michelle Lewis Sirianni, Town Secretary
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