05.28.2024 Town Council Minutesp
I-. TOSP`ER
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 Marcus E. Ray
Deputy Mayor Pro-Tem Amy Bartley
Councilmember Chris Kern
Councilmember Jeff Hodges
Councilmember Cameron Reeves
Council Members Absent:
Councilmember Craig Andres
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
Chris Landrum, Finance Director
Ryan Peterson, Assistant Finance Director
Leigh Johnson, IT Director
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
Kurt Beilharz, Assistant Parks and Recreation Director
Todd Rice, Communications and Media Relations Manager
Scott Brewer, Interim Human Resources Director
Eric Men, Help Desk Technician II
Aidan Daily, Police Crime Analyst
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, May 28, 2024
Invocation, Pledge of Allegiance and Pledge to the Texas Flan.
John Fowler with First Presbyterian Church led the invocation. The Pledge of Allegiance and the
Pledge to the Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Reeves made the following announcements -
Thank you to all who attended the Memorial Day Ceremony yesterday to honor the brave men
and women who sacrificed their lives for our country. A special thanks to Congressman Self, Mr.
Catanzaro, Pastor White, and all those who participated in the event.
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The Prosper Community Library Summer Program kicked off today and will continue through
August 3. This year's theme is "Every Animal Has a Story". For more information, including how
to register, visit the Library page on the Town's website for all the exciting upcoming summer
programs.
Join us on Saturday, June 1 from 8 am to 10:30 am at Prosper Town Hall for Coffee & Chrome.
Enjoy complimentary coffee by 1418 Coffee while viewing a spectacular showcase of vehicles
and related exhibits. Those wishing to show their vehicle or be an exhibitor may visit the Town's
website for more information or contact the Parks and Recreation Department at
events@prospertx.gov.
Presentations.
1. Recognition of the 2024 Inaugural Mayor's Youth Advisory Council. (RB)
Ms. Battle introduced and provided an overview of the purpose, goals and objectives, and
accomplishments of the MYAC.
William He, Chair of the MYAC, spoke and extended his appreciation to all those on the
Council, to Mayor Bristol and staff for their support and leadership given to the Council.
Rithika Chakrapani, member of MYAC, spoke and expressed her appreciation for
establishing the MYAC and providing a leadership council for the youth to learn about local
government.
Mayor Bristol presented certificates recognizing the 2024 inaugural MYAC council
2. Proclamation recognizing the Prosper High School Women's Soccer Team. (MLS)
Mayor Bristol read and presented a Proclamation to the Lady Eagles soccer team.
3. Recognition of members of the Police Department for life-saving efforts. (DK)
Chief Kowalski provided an overview of the life-saving event and introduced the officers
involved.
Mayor Bristol thanked the officers for their actions taken during the event.
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 May 14, 2024, Town Council Regular
meeting. (MLS)
5. Consider acceptance of the April 2024 monthly financial report. (CL)
6. Consider and act upon approving Ordinance 2024-37 to authorize the Town
Manager to execute certain agreements, contracts, and grant applications by
increasing the contract and related authority to $50,000 and authorizing the
delegation to any Assistant Town Manager. (RBS)
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7. Consider and act upon Ordinance 2024-38 amending Chapter 8, "Offenses and
Nuisances," of the Town's Code of Ordinances by adopting a new Article 8.10
prohibiting the solicitation of occupants of vehicles on public roadways.
(TW/DK)
8. Consider and act up Ordinance 2024-39 amending Article 12.08 of Chapter 12,
"TRAFFIC", prohibiting certain commercial vehicles from operating on Prosper
Trail. (CE)
9. Consider and act upon authorizing the Town Manager to enter into a contract
amendment with Republic Services adjusting the fees for Commercial recycling
provided through 95-gallon carts and providing a discount to Homeowners
Associations for 95-gallon trash service. (CL)
10. Consider and act upon authorizing the Town Manager to execute a Service
Agreement between the Town of Prosper and Coffey Global, LLC, for Freedom
Fest 2024 for an amount not to exceed $106,300. (DB)
11. Consider and act upon authorizing the Town Manager to approve the proposal
for the Prosper Christmas Festival Rentals between 5 Star Rental, and the Town
of Prosper, Texas, related to the Prosper Christmas Festival for $32,103. (DB)
12. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between the Town of Prosper and Bowmen Sports for
recreation program instructor services for an estimated amount of $27,090. (DB)
13. Consider and act upon approving the emergency repair of North Legacy Drive
north of Prosper Trail for $44,870. (CE)
14. Consider and act upon authorizing the Town Manager to execute a contract with
Nouveau Technology Services, LP, for interior improvements to the Police
Department Headquarters building for $37,283. (CE)
15. Consider and act upon authorizing the Town Manager to approve the purchase
of traffic signal -related items for the Gee Road and Acacia Parkway Traffic
Signal project, from Consolidated Traffic Controls, Inc., utilizing the Houston -
Galveston Area Council (HGAC) Cooperative Purchasing Program for $125,448.
(PA)
16. Consider and act upon authorizing the Town Manager to approve an agreement
for repairs to the traffic signal preemption equipment on Preston Road with
Consolidated Traffic Controls, Inc., utilizing the Houston -Galveston Area
Council (HGAC) Cooperative Purchasing Program for $82,557. (HW)
17. 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)
Mayor Pro-Tem Ray made a motion to approve items 4-17. Councilmember Hodges
seconded the motion. Motion carried with a 6-0 vote.
CITIZEN COMMENTS
Aarzoo Patel, 541 Travis Lane, invited the Town Council to a walk/run event on June 8.
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Items for Individual Consideration:
18. Consider and act upon Resolution 2024-40 directing the publication of Notice of
Intention to issue Certificates of Obligation for the purpose of funding costs
associated with the construction of wastewater improvements. (CL)
Mr. Landrum stated this item is to initiate the process of issuing Certificates of
Obligation for the wastewater projects specified within the resolution. If approved, the
resolution directs the publication of the notice, which will be published twice withing
the local newspaper.
Councilmember Kern noted the Finance Subcomittee reviewed and approved this
item.
Mayor Pro-Tem Ray made a motion to approve Resolution 2024-40 directing
publication of Notice of Intention to issue Certificates of Obligation for the pubpose of
funding costs associated with the construction of wastewater improvements. Deputy
Mayor Pro-Tem Bartley seconded the motion. Motion carried with a 6-0 vote.
19. Consider and act upon authorizing the Town Manager to execute a Construction
Agreement awarding CSP No. 2024-20-B to Mountain Cascade of Texas, LLC,
related to the Lower Pressure Plane Phase 2 Water Pipeline project, for
$7,101,331. (PA)
Mr. Anaya stated that this project consists of all the work needed to install a 42" water
main located at the southwest corner of Coit Road and Richland Blvd. The Town
received eight bids and was listed with a base bid with two options. Staff checked the
references provided and received positive feedback. Staff recommends approval.
Councilmember Hodges requested if possible to have the work completed before
school was in session or around school hours to alleviate traffic congestion.
Councilmember Hodges made a motion to approve authorizing the Town Manager to
execute a Construction Agreement awarding CSP No. 2024-20-B to Mountain
Cascade of Texas, LLC, related to the Lower Pressure Plane Phase 2 Water Pipeline
project, for $7,101,331. Councilmember Bartley seconded that motion. Motion carried
with a 6-0 vote.
20. Consider and act upon authorizing the Town Manager to execute a Guaranteed
Maximum Price (GMP) Contract #2 between the Town of Prosper and Dean
Construction related to Site Development for Raymond Community Park in the
amount of $9,363,174. (DB)
Mr. Baker stated GMP #1 contract with Dean Construction for site preparation was
awarded in December 2023. This item (GMP #2) if approved, will provide the owner's
authorization for the construction of the balance of the work required to provide a
complete and functional project. Mr. Baker reviewed the contingency item priority list
and noted it was reviewed by the CIP Subcommittee. The Subcommittee requested
cost estimates for the trail that parallels the creek, artificial turf, and costs to construct
a well to provide water for irrigation. The Parks and Recreation Board met, reviewed
the item, and recommended approval at their May 9 meeting. Staff is recommending
approval.
The Town Council discussed the costs associated with the artificial turf, the water well
installation, the trail parallel to the creek, and the items on the contingency list. The
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Council did not recommend artificial turf at Raymond Park; however, they would like
to see it incorporated into future parks. They would like to see additional funds
identified for the well and the trail, and also for the monument sign and playground
pavilion.
Councilmember Bartley made a motion to approve authorizing the Town Manager to
execute a Guaranteed Maximum Price (GMP) Contract #2 between the Town of
Prosper and Dean Construction related to Site Development for Raymond Community
Park in the amount of $9,363,174 as presented. Councilmember Reeves seconded
the motion. Motion carried with a 6-0 vote.
21. Consider and act upon authorizing the Town Manager to execute an amendment
to the agreement between the Town of Prosper, Texas, and Brown, Reynolds,
Watford, Architects, Inc., related to architectural and engineering design
services for Fire Station No. 4 for $342,300. (SB)
Chief Blasingame introduced the item with a brief background of the project to date.
Since that time, the Town has adopted the 2021 International Fire Code and 2021
International Building Codes, which requires updates to all construction documents.
An amendment to the original agreement is necessary to incorporate these changes
and other adjustments needed for the next GMP. Staff met with BRW Architects, Inc.
and they have presented a proposal for services. The CIP Subcommittee reviewed
and recommended approval. Staff recommends approval.
Councilmember Kern made a motion to approve authorizing the Town Manager to
execute an amendment to the agreement between the Town of Prosper, Texas, and
Brown, Reynolds, Watford, Architects, Inc., related to architectural and engineering
design services for Fire Station No. 4 for $342,300. Mayor Pro -Tern Ray seconded the
motion. Motion carried with a 6-0 vote.
22. Consider and act upon authorizing the Town Manager to enter into a
Professional Services Agreement with Quorum Architects in the amount of
$1,780,000 for the design of the proposed Public Works/Parks Service Center.
(CE)
Mr. Ewings stated funding for design was authorized as part of the Capital
Improvements Plan. Twelve proposals were received for design services. Staff
interviewed three finalists. The services include validation and reconfiguration of the
existing Site Plan to consider the completion of Safety Way, as well as modifying the
layout. The architect will provide construction documents and assist in managing the
construction of the buildings and site. The plan will also address phasing the project
to construct improvements as funding is available. Staff is recommending approval.
Councilmember Reeves made a motion to approve authorizing the Town Manager to
enter into a Professional Services Agreement with Quorum Architects in the amount
of $1,780,000 for the design of the proposed Public Works/Parks Service Center.
Councilmember Hodges seconded the motion. Motion carried with a 6-0 vote.
23. Conduct a public hearing to consider and act upon a request for a rezoning of
47.0± acres from Planned Development-75 to a Planned Development for
Multifamily and Mixed -Use, located at the northwest corner of Dallas Parkway
and Prosper Trail. (ZONE-24-0001) (DH)
Mr. Hoover provided an introduction and background of the item noting the applicant
has made changes based on feedback received. The development team for the project
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presented the concept plan detailing the uniqueness of the project including the hotels,
retail area, open spaces, and the phasing of the plan.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
The Town Council discussed landscaping, items within the plan as they relate to the
DNT Design Guidelines, the quantity of multi -family, and the overall phasing of the
plan.
Deputy Mayor Pro-Tem Bartley made a motion to approve a request for a rezoning of
47.0± acres from Planned Development-75 to a Planned Development for Multifamily
and Mixed -Use, located at the northwest corner of Dallas Parkway and Prosper Trail
with all recommended changes by the Planning and Zoning Commission, and with all
coming back within a Development Agreement and Zoning Ordinance.
Councilmember Hodges seconded the motion. Motion carried with a 4-2 vote. Mayor
Pro-Tem Ray and Councilmember Kern voted in opposition.
24. Consider and act to adopt and reaffirm the revised Strategic Visioning Priorities
of the Prosper Town Council. (MC)
Mr. Canizares stated that the Council met and discussed the Strategic Visioning
Priorities. All five (5) objectives were maintained with the language regarding the future
bond program from the long-term priorities now to be included in the current priorities.
A statement for overlay districts was also added.
25. Discuss and consider Town Council Subcommittee reports. (DFB)
CIP Subcommittee: Deputy Mayor Pro-Tem Bartley noted that items discussed were
voted on agenda items during this meeting.
Finance Subcommittee: Mayor Pro-Tem Ray echoed the same comments.
Possibly direct Town staff to schedule topics] for discussion at a fut-ure-meeting.
Mayor Pro-Tem Ray requested a report regarding grants including those the Town are seeking,
what has been granted year-to-date, and grants available.
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.
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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.
The Town Council recessed into Executive Session at 9:34 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 10:27 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 10:27 p.m.
These minutes were approved on the 11th day of June 2024.
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED:
David F. Bristol, Mayor
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