09.10.2024 Town Council MinutesMINUTES
A W N 0 �; Prosper Town Council Meeting
PRISPER
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
A Place Where Everyone Matters Tuesday, September 10, 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 Marcus E. Ray
Deputy Mayor Pro-Tem Amy Bartley
Councilmember Craig Andres
Councilmember Chris Kern
Councilmember Jeff Hodges
Councilmember Cameron Reeves
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
Mary Ann Moon, EDC Executive Director
Chris Landrum, Finance Director
Whitney Rehm, Budget Officer & Grants Administrator
David Hoover, Development Services Director
Suzanne Porter, Planning Manager
Hulon Webb, Engineering Director
Pete Anaya, Assistant Engineering Director — Capital Projects
Leigh Johnson, IT Director
Muya Mwangi, Help Desk Technician I
Carrie Jones, Public Works Director
Mary Ann Moon, Economic Development Director
Tony Luton, Human Resources Director
Todd Rice, Communications Director
Doug Kowalski, Police Chief
Aidan Daily, Crime Analyst
Stuart Blasingame, Fire Chief
Shaw Eft, Assistant Fire Chief
Invocation Pledge of Allegiance and Pledge to the Texas Flag.
Jason McConnell with Prosper United Methodist 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:
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Join us on Wednesday, September 11 at 9 a.m. for a day of remembrance. This community event
will take place at Prosper Fire Rescue Central Station located at 911 Safety Way. Carter BloodCare
will be on site from 7:30 a.m. to 6:00 p.m. for anyone wishing to donate.
The Prosper Economic Development Corporation is hosting the next Prosper Exchange on
Thursday, September 19 at 6:00 p.m. The topic "The Role of Educational Policy" will explore vital
issues facing the public education system. There is no fee to attend, but residents are asked to
register by visiting prosperedc.com.
North Texas Giving Day runs now through Thursday, September 19. Support a local nonprofit in
Prosper by making a donation or volunteering. Visit rospertx.gov/volunteergm(?rtunities for more
information.
National Night Out will be held on Tuesday, October 1 from 6 pm to 9 pm. Prosper PD, Prosper
ISD PD, Prosper Fire Rescue, and First Responder Volunteers will be driving to neighborhoods
that want to participate. Visit prospertx.gov for more information including how to register your
neighborhood to host a block party.
Join us for "Celebrate Prosper" on Saturday, October 5 at Frontier Park from 4:00 to 8:00 p.m. This
free family event is jam-packed with live entertainment, food, refreshments, exhibits, vendors, and
a Kid Zone that spans the lawn. New Prosper residents are invited to the New Resident Mixer tent
from 4:00 p.m. to 5:30 p.m. to get acquainted with Town staff and departments and to pick up a
Prosper swag bag! For more information, visit the Special Events page under the Parks and
Recreation Department.
Mayor Bristol recognized Chief Kowalski and Chief Blasingame's birthdays.
Presentations.
1_ Proclamation declaring September 17 through September 23, 2024, as Constitution
Week. (MLS)
Mayor Bristol read and presented a Proclamation to Linda Stagner representing the
Shawnee Trail Chapter of the National Society Daughters of the American Revolution.
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 August 27, 2024, Town Council Work
Session meeting. (MLS)
3. Consider and act upon the minutes from the August 27, 2024, Town Council
Regular meeting. (MLS)
4. Consider acceptance of the July 2024 monthly financial report. (CL)
5. Consider and act upon Ordinance 2024-59 amending Division 3, "Community
Engagement Committee," of Article 1.04, "Boards, Commissions, and
Committee" within Chapter 1 of the Town's Code of Ordinances by amending
Section 1.04.039, "Number of Members". (MLS)
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6. Consider and act upon approving an update to the Library Policies. (RB)
7. Consider and act upon adopting the FY 2024-2025 Prosper Economic
Development Corporation Budget. (MM)
8. Consider and act upon Ordinance 2024-60 amending Section 12.09.004 "School
Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of
Ordinances by modifying the limits and hours of operation of such zones. (HW)
9. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between CP&Y, Inc. dba STV Infrastructure,
and the Town of Prosper, Texas, related to the design of the Teel Parkway (First
- Freeman) - 2 SB Lanes project for $806,740.30. (PA)
10. 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)
11. Consider and act upon the appointment of a Municipal Judge, and authorize the
Mayor to execute an agreement for same. (JJ)
Deputy Mayor Pro-Tem Bartley requested to pull item 10.
Mayor Pro-Tem Ray requested to pull item 11.
Item 11, Mayor Pro-Tem Ray noted changes to the agreement
Mayor Pro-Tem Ray made a motion to reappoint Judge Moore to a two-year term.
Councilmember Hodges seconded the motion. Motion carried unanimously.
Item 10, Deputy Mayor Pro-Tem Bartely asked about the landscaping around the picnic
area, the electric easement for the charging stations, and the extended parking spaces.
Mr. Hoover addressed the charging stations and the duration that cars would be using
the stations and noted that the extended parking spaces are designed to accommodate
the trucks with trailers.
The Town Council expressed concerns about overnight parking at the charging stations
and having adequate signage in addition to the maintenance of the property.
The Entitlement Manager for 7-11 addressed the Council's concerns about overnight
usage of the charging stations and supports having signage. He also noted the
standards for this corporate location and the property owner of this site is The Victory
Group.
The Market Leader for 7-11 spoke to the property maintenance. He commented that
they contract with a third -party company for grass and landscaping and the day-to-day
maintenance is handled through the staff during their shifts.
Deputy Mayor Pro-Tem Bartley made a motion to approve item 10 as presented.
Councilmember Reeves seconded the motion. Motion carried unanimously.
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CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
12. Conduct a public hearing to receive public input, consider such input, and
consider and act upon Ordinance 2024-61 adopting the Fiscal Year (FY) 2024-
2025 Annual Operating and Capital Project Funds budgets and five-year Capital
Improvement Program for the fiscal year beginning October 1, 2024, and ending
September 30, 2025. (CL)
Mr. Landrum presented an overview of the fiscal year 2024-2025 budget including key
revenue drivers, staffing, General Fund enhancements, the debt service fund, capital
projects, and the multi -year capital program.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Mayor Pro-Tem Ray made a motion to approve Ordinance 2024-61 adopting the Fiscal
Year (FY) 2024-2025 Annual Operating and Capital Project Funds budgets and five-
year Capital Improvement Program for the fiscal year beginning October 1, 2024, and
ending September 30, 2025. Councilmember Hodges seconded the motion.
Councilmember Reeves — In Favor
Councilmember Hodges — In Favor
Deputy Mayor Pro-Tem Bartley — In Favor
Mayor Bristol — In Favor
Mayor Pro-Tem Ray — In Favor
Councilmember Kern — In Favor
Councilmember Andres — In Favor
Motion carried unanimously.
13. Conduct a public hearing to consider and act upon Ordinance 2024-62 adopting
a tax rate of $0.505 per $100 valuation for fiscal year 2024-2025. (CL)
Mr. Landrum presented the historical property valuations, the proposed tax rate for the
fiscal year 2024-2025, and how the tax rate is divided with other tax rates (ISD and
County) within Collin and Denton County.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Councilmember Andres made a motion that the property tax rate be increased by the
adoption of a tax rate of $0.505 per $100 valuation for fiscal year 2024-2025, which is
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effectively an 8.15 percent increase in the tax rate. Deputy Mayor Pro-Tem Bartley
seconded the motion.
Councilmember Reeves — In Favor
Councilmember Hodges — In Favor
Deputy Mayor Pro-Tem Bartley — In Favor
Mayor Bristol — In Favor
Mayor Pro-Tem Ray — In Favor
Councilmember Kern — In Favor
Councilmember Andres — In Favor
Motion carried unanimously.
14. Ratifying the property tax increase in the budget for fiscal year (FY) 2024-2025.
(CL)
Mr. Landrum noted this item is required by state law and ratifies the property tax
increase reflected in the budget.
Councilmember Hodges made a motion to ratify the property tax increase in the budget
for fiscal year 2024-2025. Councilmember Reeves seconded the motion. Motion carried
unanimously.
15. Consider and act upon approving Ordinance 2024-63 to adjust Water &
Wastewater Rates. (CL)
Mr. Landrum presented the item with a historical overview of the Town's water and
wastewater rates. The Town has not needed to raise rates since 2020. In recent years
rapid growth in the region has required significant investment on the part of the Town's
regional providers, and the need to expand the capacity of the Doe Branch wastewater
treatment plant to support growth on the west side has resulted in the need for an FY
2025 rate adjustment. The proposed rate adjustments represent a 6.35% increase in
water rates and a 16% rate increase for wastewater rates or a blended rate increase of
8.77% based on the wastewater revenues representing a much smaller portion of total
revenues.
The Town Council discussed member cities versus non-member cities and how the
Town continues to absorb part of the rate increase.
Councilmember Kern made a motion to approve Ordinance 2024-63 to adjust Water
and Wastewater fee amendments effective October 15, 2024. Mayor Pro-Tem Ray
seconded the motion. Motion carried unanimously.
Councilmember Andres left the dais.
16. Consider and act upon Resolution 2024-64 of the Town Council of the Town of
Prosper, Texas, declaring the public necessity to acquire certain properties for
right-of-way and easements for the construction of the Coleman Street
(Gorgeous — Talon) 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
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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 Coleman Street (Gorgeous — Talon) project. To facilitate the
construction of the project, it is necessary for the Town to acquire right-of-way and
easements. There are 17 properties affected. 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.
Mayor Pro -Tern Ray made a motion to approve Resolution 2024-64 declaring the public
necessity to acquire certain properties for right-of-way and easements for the
construction of the Coleman Street (Gorgeous — Talon) 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. Deputy Mayor Pro-Tem Bartley
seconded the motion.
Councilmember Reeves — In Favor
Councilmember Hodges — In Favor
Deputy Mayor Pro-Tem Bartley — In Favor
Mayor Bristol — In Favor
Mayor Pro -Tern Ray — In Favor
Councilmember Kern — In Favor
Motion carried unanimously.
Councilmember Andres returned to the dais.
17. Discuss and consider Town Council Subcommittee reports. (DFB)
Community Engagement Committee: Deputy Mayor Pro-Tem Bartley noted the
committee discussed how to efficiently get people to attend events and will be reviewing
the full event calendar for other possible opportunities.
CIP Subcommittee: The committee discussed the finance items listed on the agenda.
Finance Subcommittee: The committee discussed the finance items listed on the
agenda.
Possibly direct Town staff _to schedule topic(s) for discussion at a future meeting.
Councilmember Andres requested staff to research and continue conversations with Denton
County regarding the contract with Elm Ridge WCID (Artesia) regarding fire and mutual aid
services.
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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 551.071 - To consult with the Town Attorney regarding BFS Real Estate LLC,
et al., v. Town of Prosper, et al., pending in the 471 st Judicial District Court of Collin
County, Texas, and all matters incident and related thereto; and discuss and consider
anticipated litigation regarding contractual obligations.
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, Community
Engagement Committee, and the Downtown Advisory Committee, 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 8:40 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 8:41 p.m.
These minutes were approved on the 24th day of September 2024.
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED:
01
David F. Bristol, Mayor
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