04.30.2024 Town Council MinutesMINUTES
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0 w N 17 l Prosper Town Council Meeting
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{�17Prosper Town Hall, Council Chambers
R 250 W. First Street, Prosper, Texas
A Place Where Everyone Matters Tuesday, April 30, 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
Councilmember Charles Cotten
Staff Members Present:
Mario Canizares, Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
Leslie Scott, Director of Library Services
Chris Landrum, Finance Director
Whitney Rehm, Budget Office & Grants Administrator
Hulon Webb, Director of Engineering Services
Pete Anaya, Assistant Director of Engineering, CIP
David Hoover, Development Services Director
Suzanne Porter, Planning Manager
Dan Baker, Parks and Recreation Director
Todd Rice, Communications and Media Relations Manager
Jessika Hotchkin, Help Desk Technician
Aidan Daily, Police Crime Analyst
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Mike Martin with Hope Fellowship 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:
Registration is now open for the upcoming Prosper Citizens Fire Academy. Join us and dive
deeper into the world of your local Fire Department. Classes will run for 10 weeks, every Thursday
evening from 6:30 to 9:00 p.m., starting August 1. Space is limited, and registration closes on July
11 ! Visit prospertx.gov/citizensfireacademy to register and for additional information.
The Town of Prosper is updating our Parks, Recreation, and Open Space Master Plan this year,
and we need your input! Your ideas will guide decisions on everything from park development to
recreational programming for all ages. The survey will be open through May 19, so don't miss out
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on your chance to make a difference. Respondents will be entered for a drawing to win one of
several gift cards! It's short, easy, and best of all, your feedback will help shape the future of our
community. Visit prospertx.gov/parksmasterplan to complete the survey.
Join us in observing the National Day of Prayer on Thursday, May 2. The gathering begins at
11:30 a.m. on the south side of Town Hall with prayer and worship service beginning at noon.
Join us on Friday, May 3 at the Prosper Community Library for an exciting opportunity to dive into
the world of Public Works and discover the incredible tools and vehicles they use. Festivities kick
off at 10:30 a.m. All ages are welcome.
Join us on Saturday, May 4 for Movie Night featuring the movie Star Wars: The Rise of Skywalker
from 6:30 p.m. to 10:30 p.m. The movie will begin at 7:30 p.m. Remember to bring your blanket
and chairs. This community event is offered at no charge. For more information, visit the Special
Events page under the Parks and Recreation Department or email events(Ca7;prospertx.gov.
Councilmember Hodges stated Election Day is Saturday, May 4, and encouraged citizens to get
out and vote for the PISD.
Presentations.
1. Proclamation recognizing May 2, 2024, as National Day of Prayer. (MLS)
Mayor Bristol read and presented a Proclamation to Dr. John Herring.
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 April 13, 2024, Town Council Work
Session meeting. (MLS)
3. Consider and act upon the minutes from the April 16, 2024, Town Council
Regular meeting. (MLS)
4. Consider acceptance of the March 2024 monthly financial report. (CL)
5. Receive the Quarterly Investment Report for March 31, 2024. (CL)
6. Consider and act upon Resolution 2024-31 authorizing the Town Manager,
and/or his/her designee, to apply for the FY 2024 Motor Vehicle Crime
Prevention Authority SIB 224 Catalytic Converter Grants Second Solicitation
Grant. (WR)
7. Consider and act upon approving an update to the Library Policies. (LS)
8. Consider and act upon authorizing the Town Manager to approve an agreement
with URETEK USA for repairs to the northbound lanes of Dallas Parkway from
US Highway 380 to First Street for $603,000.00. (CE)
9. Consider and act upon authorizing the Town Manager to approve an agreement
with Green World Care to provide mowing services for certain rights -of -way and
public works facilities for $19,044.00, with the option of four (4) one-year
renewals. (CE)
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10. Consider and act upon authorizing the Town Manager to approve a Proposal for
Electrical Services between Trinity Lighting and Electrical Services and the
Town of Prosper, Texas, to run electrical service to the Main Street tree wells for
tree lighting for an amount not to exceed $128,200.00. (DB)
11. Consider and act upon authorizing the Town Manager to execute Contract
Amendment No. 2 to the Professional Engineering Services Agreement,
between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the
design of the Lower Pressure Plane (LPP) Pump Station and LPP Water Line
Phase 2 project for $277,950.00. (PA)
12. Consider and act upon approving Change Order No. 2 for CSP No. 2022-05-13,
EDA Award No. 08-79-05522 to Archer Western Construction, related to
construction services for the Lower Pressure Plane (LPP) Pump Station and
Water Line Phase 2 project for $93,758.99; and authorizing the Town Manager to
execute Change Order No. 2 for same. (PA)
13. Consider and act upon authorizing the Town Manager to enter into an agreement
with Mels Electric, LLC, related to relocating existing traffic signal conduits at
DNT / First Street & Prosper Trail Intersections project for $173,449.00; and
authorizing the Town Manager to execute documents for same. (PA)
14. Consider and act upon a request for a Site Plan a Big Box, Gas Pumps, and a
Car Wash on Frontier Retail Center, Block A, Lot 6, on 16.9± acres, located on
the south side of Frontier Parkway and 250± feet east of Dallas Parkway.
(DEVAPP-23-0182) (DH)
15. Consider and act upon a request for a Facade Plan for a Big Box, Gas Pumps,
and a Car Wash on Frontier Retail Center, Block A, Lot 6, on 16.9± acres, located
on the south side of Frontier Parkway and 250± feet east of Dallas Parkway.
(DEVAPP-23-0180) (DH)
16. Consider and act upon a request for a Facade Plan for Multifamily Buildings and
a Leasing Office on Gates of Prosper, Phase 2, Block D, Lot 3, on 16.0± acres,
located on the northwest corner of Bravo Way and Richland Boulevard.
(DEVAPP-23-0212) (DH)
17. Consider and act upon Ordinance 2024-32 to rezone 0.3± acres from Single
Family-15 (SF-15) to Planned Development-127 (PD-127) on Prosper Central
Addition, Block 1, Lot 1, located on the northeast corner of Coleman Street and
Sixth Street. (ZONE-23-0029) (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
Preliminary Site Plans and Site Plans. (DH)
Deputy Mayor Pro-Tem Ray requested to pull items 12 and 13.
Mayor Pro-Tem Andres made a motion to approve items 2 through 11, and 14 through
18. Councilmember Cotten seconded the motion. Motion carried unanimously.
Regarding item 12, Deputy Mayor Pro-Tem Ray encouraged trying to plan for such
items in advance with engineering plans.
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Regarding item 13, Deputy Mayor Pro-Tem Ray questioned if there would have been
a way to avoid the relocation since they knew the lights would be there.
Mr. Anaya indicated they continually work with NTTA and coordinate with the Town's
projects as best they can.
Deputy Mayor Pro-Tem Ray made a motion to approve items 12 and 13.
Councilmember Cotten seconded the motion. Motion carried unanimously.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
Mayor Bristol moved up item 20.
20. Consider and act upon authorizing the Town Manager to execute a Proposal for
Services with 720 Design for the preparation of a Library Master Plan for
$98,375.00. (LS)
Ms. Scott stated the Master Plan will provide a foundation for future expansion and
growth of the Library. An overview of the scope was provided, which includes a needs
assessment, information gathering through focus groups, leadership interviews, and
an online community survey. The estimated timeframe to complete is six to nine
months with completion by December 2024.
Deputy Mayor Pro-Tem Ray made a motion to approve authorizing the Town Manager
to execute a Proposal for Services with 720 Design for the preparation of a Library
Master Plan for $98,375.00. Councilmember Cotten seconded the motion. Motion
carried unanimously.
19. Consider and act upon authorizing the Town Manager to execute the First
Amendment to the Roadway Construction Reimbursement Agreement between
MSW Prosper 380 II, LP, and the Town of Prosper, Texas, related to the
construction of roadways within the Town's Tax Increment Reinvestment Zone
No. 2 (TIRZ No. 2). (HW)
Mr. Webb stated since the last Town Council meeting, staff has met with the entity and
the agreement has been revised to address the concerns of the Town Council. Mr.
Webb stated that revisions include that the developer agrees to pay late penalties of
$1,000.00 per day until the roadways are substantially complete, all improvements
referenced in the agreement shall be finally accepted by the Town on or before August
30, 2024, and if not, the developer agrees to late penalties of $1,000.00 per day until
all improvements are accepted by the Town, and any late penalties accessed by the
developer shall be deducted from any eligible reimbursements to the developer from
the funds of the TIRZ No. 2. Staff is recommending approval.
Councilmember Bartley made a motion to approve authorizing the Town Manager to
execute the First Amendment to the Roadway Construction Reimbursement
Agreement between MSW Prosper 380 II, LP, and the Town of Prosper, Texas, related
to the construction of roadways within the Town's Tax Increment Reinvestment Zone
No. 2 (TIRZ No. 2). Councilmember Cotten seconded the motion. Motion carried
unanimously.
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21. Discuss and consider Town Council Subcommittee reports. (DFB)
Finance Subcommittee: Deputy Mayor Pro-Tem Ray stated the committee reviewed
the Town's Investment Policy and collateral mechanisms.
CIP Subcommittee: Councilmember Cotten stated they reviewed street
projects/improvements, signage for crosswalks, a traffic signal at Gee Road and
Acacia, and the design of Coleman. Councilmember Bartley commented on the CIP
Park projects, and they discussed the allocating and prioritizing of any contingency
funds for items that were excluded from Raymond Community Park.
Possibly direct Town staff to schedule topic(s) for discussion at a future meetin
Mayor Bristol requested to have the Economic Development Corporation (EDC) brief the Town
Council on their real estate acquisition program that may take the form of a joint session or an
agenda item.
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 the 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.
Section 551.071 - Consultation with the Town Attorney regarding legal issues
associated with an ordinance regarding solicitation to motor vehicle occupants, and
motor vehicle weight limits, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 6:45 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 8:16 p.m.
Deputy Mayor Pro-Tem Ray made a motion to remove the incumbent in Place 1 of the Prosper
Economic Development Corporation and to declare the seat vacant. Councilmember Cotten
seconded the motion. Motion carried with a vote of 5-0. Mayor Bristol abstained from the vote and
Mayor Pro-Tem Andres was not present during the vote.
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Adjourn.
The meeting was adjourned at 8:17 p.m.
These minutes were approved on the 14th day of May 2024.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary (19,14
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