07.26.2022 Town Council Minutesr fTOWN OF
PWSPER
Prosper is 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 Jeff Hodges
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Council Members Absent:
Councilmember Charles Cotten
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Robyn Battle, Executive Director of Community Services
Hulon Webb, Engineering Services Director
David Soto, Planning Manager
Betty Pamplin, Finance Director
Leigh Johnson, IT Director
Todd Rice, Communications Manager
Frank Jaromin, Public Works Director
Dan Baker, Parks and Recreation Director
Doug Kowalski, Police Chief
Scott Brewer, Assistant Police Chief
MINUTES
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, July 26, 2022
Invocation Pledge of Allegiance and Pled a to the Texas Flag.
Jim Lugar with Life Journey 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 for the next Discover Downtown event series on Saturday, September 24 for a
Moonlight Movie featuring the family film "Encanto", which was previously rescheduled from
August 13 due to the extreme heat conditions. The event kicks off with strolling movie
characters, lawn games, balloon artists, shaved ice, and popcorn. Games will open at 7:00 p.m.
with movie beginning at 8:30 p.m. For more information, visit the events page from the
homepage of the Town's website.
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Join us for "Celebrate Prosper" on Saturday, October 8 at Frontier Park. This fun community
celebration will feature live music and BBQ. The event is presented by the Parks and
Recreation Department with support of Sponsors and community partners. For more
information, visit the events page from the homepage of the Town's website.
Applications are now being accepted through Tuesday, August 2 to serve on a Town's Board
and/or Commission. More information about the Board and Commission application process,
including an online application form, is available on the Town website.
The Town of Prosper will host an informational Town Hall Meeting on Thursday, August 18,
from 6:00-8:00 p.m. at Rock Creek Church, located at 2860 Fishtrap Road in Prosper.
Residents will hear presentations from Town staff and representatives from NTTA and TxDOT
on road projects that impact the west side of Prosper. Also on the agenda is an update from
Parks & Recreation on the Town's recent purchase of 163 acres of parkland along Doe Branch
Creek. More details are available on the Town website and Facebook page.
Councilmember Ray thanked Linebarger for supporting the Lovepacs fundraiser benefiting
children in Prosper.
Mayor Bristol thanked all those who came out for the Discover Downtown Fun in the Sun event
Presentations.
1. Recognize the Town Secretary's Office with the Texas Municipal Clerks
Achievement of Excellence Award. (MILS)
Tina Stewart, City Secretary of the City of The Colony and Irma Parker, City Secretary
of the Town of Addison presented the award to Ms. Lewis Sirianni.
2. Receive an update from the Town Secretary's Office. (MLS)
Ms. Lewis Sirianni presented an update which included the organizational structure of
the department, achievements and accomplishments over the past year, current
challenges, and trends the office is seeing, and upcoming projects and tasks for the
2022-2023 fiscal year.
3. Receive an update from the Police Department on the recent Active Shooter
Training. (DK)
Chief Kowalski provided an overview of the recent training that was done at Prosper
High School including the exercises that were and were not done, the operational
elements of the training, and an overview of all those involved that made the training
possible.
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 by the request of Council Members or staff.
4. Consider and act upon the minutes of the June 28, 2022, Town Council meeting.
(MILS)
5. Consider and act upon the minutes of the June 28, 2022, Town Council Work
Session meeting. (MILS)
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6. Consider and act upon the minutes of the July 11, 2022, Town Council Work
Session meeting. (MLS)
7. Consider and act upon the minutes of the July 12, 2022, Town Council Budget
Work Session meeting. (MLS)
8. Receive the May financial report. (BP)
9. Consider and act upon approving amendments to the Town's Financial Policies.
(RBS)
10. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Freese and Nichols, Inc., and the
Town of Prosper, Texas, related to the design of the FM 1461 12-inch Water Line
Relocation project. (HW)
11. Consider and act upon authorizing the Town Manager to execute Contract
Amendment No. 2 to the Professional Engineering Services Agreement between
Garver, LLC., and the Town of Prosper, Texas, related to the design of the First
Street (DNT — Coleman) project. (HW)
12. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Lowry Property Advisors, LLC (LPA)., and the
Town of Prosper, Texas, related to appraisal services for the First Street (DNT —
Coleman) project. (HW)
13. Consider and act upon authorizing the Town Manager to execute a Personal
Services Contract between McCarthy Right of Way Partners, LLC., and the Town
of Prosper, Texas, related to property acquisition services for the First Street
(DNT — Coleman) project. (HW)
14. Consider and act upon approving the purchase of pavement and asset data
collection services from Infrastructure Management Services (IMS), through the
Texas Local Government Purchasing Cooperative; and authorize the Town
Manager to execute documents for the same. (FJ)
15. Consider and act upon awarding CSP No. 2022-01-A to CivicPlus, LLC, for
website design and development services, and authorizing the Town Manager
to execute same. (RB)
16. Consider and act upon Resolution No. 2022-34 authorizing the Town Manager to
execute an Advance Funding Agreement for the TXDOT Green Ribbon Program
Project Landscape Improvements On -System between the Texas Department of
Transportation and the Town of Prosper, Texas, related to the Green Ribbon
Project along US 380 from Lovers Lane to Mahard Parkway. (PN)
17. Consider and act upon approving the purchase of one (1) Winsted Custom
Conference and Emergency Operations Center Table from Ford AV, through the
Texas Local Government Purchasing Cooperative. (SB)
18. Consider and act upon the purchase of Fire Hose Nozzles and Fittings for two
new fire apparatus (Pumper Engine & Quint) from Metro Fire Apparatus
Specialist, Inc. through the Texas Local Government Purchasing Cooperative.
1 (SB)
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19. Consider and act upon Ordinance No. 2022-35 establishing a no parking zone
on Prince William Lane from Coleman Street to Highbridge Lane. (HW)
20. Consider and act upon Ordinance No. 2022-36 establishing a no parking zone
on Meadowbrook Boulevard from Coit Road to Foxfield Court. (HW)
21. Consider and act upon Ordinance No. 2022-37 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)
22. Consider and act upon Ordinance No. 2022-38 amending the Zoning Ordinance,
Chapter 3, Section 1.3 Schedule of Uses, Chapter 3, Section 1.4 Conditional
Development Standards, and Chapter 3, Section 2.2 Definitions, to include
"Food Pantry", in the Agricultural, "A," zoning district. (MD22-0005). (DS)
23. Consider and act upon a Site Plan and Fagade Plan for a Limited Service Hotel,
on 1.8± acres, located on the west side of Mahard Parkway, south of Prairie
Drive. The property is zoned Planned Development-101 (PD-101). (D22-0031).
(DS)
24. Consider and act upon Ordinance No. 2022-39 to rezone a portion of Planned
Development-36, and a portion of Planned Development-63, to Planned
Development (PD) for Legacy Gardens, on 121.4± acres, in order to modify the
residential development standards, including but not limited to reducing
permitted lot sizes, located on the south side of Frontier Parkway, west of Dallas
Parkway. (Z20-0019). (DS)
25. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Risland Prosper 221 LLC and the Town of Prosper, Texas,
related to the Legacy Gardens development, located on the south side of
Frontier Parkway, west of Dallas Parkway. (DS)
26. Consider and act upon whether to direct staff to submit a written notice of
appeal 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 any
Site Plans and Preliminary Site Plans, including Ladera Amenity Center, DISD
Middle School, Windsong Vet Clinic, 102 E. Broadway, Gates of Prosper Phase
3, Prosper Counseling, and Star Trail Amenity Center. (DS)
Councilmember Bartley requested to pull item #15.
Councilmember Ray made a motion to approve consent agenda items 4 thru 14 and items 16-
26. Deputy Mayor Pro-Tem Andres seconded that motion, and the motion was unanimously
approved.
Councilmember Bartley asked in regard to item #15, what the timeline for completion would be
and if the staff planned on engaging with the citizens for feedback. Ms. Battle replied it would
take approximately seven months to complete, and currently the consultants will be training
staff, which is built into the agreement, but would explore the citizen engagement.
Councilmember Bartley made a motion to approve consent agenda item #15. Councilmember
Ray seconded that motion, and the motion was unanimously approved.
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CITIZEN COMMENTS
Dustin Staiger, 620 Evening Sun Drive, expressed concerns regarding access between Frontier
Park and Lakes of Prosper. He also requested that security bollards be put into place that could
be removed for emergency access vehicles to deter other vehicles from using as a cut through.
Kenneth Holloway, 811 Long Valley, encouraged the Town Council to not use the access between
Frontier Park and Lakes of Prosper as a public access. He also requested the Town Council to
consider a reciprocity lending agreement for the Public Library.
Jack Dixon, 810 Long Valley Court, expressed his concerns regarding the access between
Frontier Park and Lakes of Prosper noting the safety for the neighborhood.
Cory Bray, 1540 Kingsbridge Lane, asked the Town Council to consider amending the Town
Ordinance to reflect the use of a green boxwood hedge used to screen along the iron wood fence.
He expressed his concerns of privacy and being allowed to use a natural screening.
Items for Individual Consideration:
27. Conduct a public hearing and consider and act upon a request to rezone 5.7±
acres from Office (0) to Planned Development -Office (PD-O), located on the west
side of Mahard Parkway, south of Prairie Drive, specifically to allow for a limited -
service hotel. (Z22-0002) (DS)
Mr. Soto stated the purpose of this request is to rezone from Office (0) to Planned
Development -Office (PD-O). The applicant is proposing two modifications to include
the addition of a limited -service hotel as a permitted use and allowing the utility
easement to overlap required landscape setbacks, buffers, and easements. In
addition, the applicant has agreed to enter into a development agreement regarding
Exhibit F, which reflects the exterior elevations. Mr. Soto also noted the proposed
landscaping meets the requirements of the Zoning Ordinance. Staff is recommending
approval.
Matt Moore of ClayMoore Engineering, representing the applicant, stated they are
requesting approval for this project.
The Town Council discussed and requested the applicant to add a little more stone or
brick to the building, as well as additional landscaping around the pool.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Mayor Pro-Tem Hodges made a motion to approve a request to rezone 5.7± acres
from Office (0) to Planned Development -Office (PD-O), located on the west side of
Mahard Parkway, south of Prairie Drive, specifically to allow for a limited -service hotel.
Deputy Mayor Pro-Tem Andres seconded that motion, and the motion was
unanimously approved.
28. Conduct a public hearing and consider and act upon a request to amend
Planned Development-93 (PD-93), on 0.8± acres, located on the southwest
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corner of Broadway Street and Preston Road, in order to allow for a restaurant
with drive -through services. (Z22-0006) (DS)
Mr. Soto stated the purpose of this request is to amend Planned Development-93 (PD-
93) to allow for a restaurant with drive -through services. The applicant is requesting a
change in the layout changing the initial proposed retail building on Lot 3 to a 2,600
sq. ft. restaurant with drive -through services. Mr. Soto also noted the proposed
landscaping meets the minimum standards as well as provides additional landscaping
based on the Town's Zoning Ordinance. Staff recommends approval.
The Town Council asked what the primarily building material is, how many vehicles
can stack, and if the use will have dining inside of the building.
Matt Moore of ClayMoore Engineering, representing the applicant responded the
building material is primarily brick, and five vehicles can stack, and there will be dining
space similar to other like businesses.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Mayor Pro-Tem Hodges made a motion to approve a request to amend Planned
Development-93 (PD-93), on 0.8± acres, located on the southwest corner of Broadway
Street and Preston Road, in order to allow for a restaurant with drive -through services.
Councilmember Ray seconded that motion, and the motion was unanimously
approved.
29. Conduct a public hearing and consider and act upon a request for a Specific
Use Permit (SUP) for a Restaurant with Drive -Through Service, on 1.2± acres, in
the Victory at Frontier development. The property is zoned Planned
Development-10 & Specific Use Permit 38 (PD-10 & S-38). (S22-0006). (DS)
Mr. Soto stated the purpose of this request is to amend the SUP to expand the square -
footage of the building to 6,050 sq. ft. for a retail and restaurant with drive -through
services. Mr. Soto noted per the Town's Zoning Ordinance, any increase in building
square footage from its size on the approved SUP should be more than ten percent
(10%). Any other enlargements shall require the re -approval of the SUP. The
landscaping meets the minimum standards of the Town's Zoning Ordinance. Staff
recommends approval.
The Town Council questioned why the amendment is being done so soon after the
approval in November 2022 as well as addressing the concerns of pass through near
the drive -through location.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
The Town Council discussed the development and their desire to see the development
as a whole in order to have a bigger picture. They also expressed concerns about the
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congestion at the intersection but noted the liking to the enhancements being done
and the more natural flow and location of the building.
Scott Norris, the applicant, stated they added more landscaping, dine -in capabilities,
and parking to the rear of the building. They are designing spaces specifically for
users. He noted the continual working with staff regarding the development and
believes the Town Council will have a better overall picture with their next submittal.
Councilmember Ray made a motion to approve a request for a Specific Use Permit
(SUP) for a Restaurant with Drive -Through Service, on 1.2± acres, in the Victory at
Frontier development. The property is zoned Planned Development-10 & Specific Use
Permit 38 (PD-10 & S-38). Councilmember Bartley seconded that motion. Motion ties
with a 3 to 3 vote. Mayor Pro-Tem Hodges, Deputy Mayor Pro-Tem Andres, and
Councilmember Kern voting in opposition.
Councilmember Bartley made a motion to table a request for a Specific Use Permit
(SUP) for a Restaurant with Drive -Through Service, on 1.2± acres, in the Victory at
Frontier development. The property is zoned Planned Development-10 & Specific Use
Permit 38 (PD-10 & S-38) to the August 23, 2002, Town Council meeting.
Mr. Norris commented that this piece of the development is a better concept and
understands the desire of the Town Council to have a better overall concept before
moving forward. However, he believes this piece is as good as it gets.
Deputy Mayor Pro-Tem asked when they will see a more organized plan. Mr. Norris
replied he does not have a direct date but assured they will see the complete plan at
the next submittal.
Motion dies due to no second on the floor.
Councilmember Ray made a motion to approve a request for a Specific Use Permit
(SUP) for a Restaurant with Drive -Through Service, on 1.2± acres, in the Victory at
Frontier development. The property is zoned Planned Development-10 & Specific Use
Permit 38 (PD-10 & S-38). Councilmember Bartley seconded that motion. Motion
passes was a 4 to 2 vote. Mayor Pro-Tem Hodges and Councilmember Kern voting in
opposition.
30. Conduct a public hearing and consider and act upon a request to rezone 42.3±
acres from Planned Development-38 (PD-38) to Planned Development -Mixed
Use, located on the north side of 380, west of Lakewood Drive, in order to allow
for a mixed -use development, including multifamily, hotel, office, retail and
related uses. (Z22-0004) (DS)
Mr. Soto stated the purpose of this request is to rezone 42 acres of PD-38 to create a
planned mixed -use development which will include commercial, retail, professional,
and medical office uses on Lots 1, 2, and 3, and multi -family residential on Lots 4 and
5x. Concerns by staff include density due to the additional units being requested, the
decrease in parking spaces, and the building not being consistent with the Town's
design and development standards. Staff does not recommend approval.
Mr. Kattner and Ms. Savera, representing the applicant presented an overview of the
project outlining components and design elements of the office, retail, hotel, and
residential, as well as the multi -family amenities, and improvements made based on
feedback received from the Planning and Zoning Commission.
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Mayor Bristol opened the public hearing
Dhumil Zaveri, Managing Partner of the Solana Capital Group, stated he is in favor of
the proposed request and believes it is a great location.
Lance VanZant, representing the NRP Group, stated he is in favor of the request and
believes it will reflect the quality that is being presented.
Mayor Bristol closed the public hearing.
The Town Council discussed their concerns about the location, multi -family being used
on this tract, lack of parking and open space component(s).
Councilmember Bartley made a motion to deny a request to rezone 42.3± acres from
Planned Development-38 (PD-38) to Planned Development -Mixed Use, located on the
north side of 380, west of Lakewood Drive, in order to allow for a mixed -use
development, including multifamily, hotel, office, retail and related uses.
Councilmember Kern seconded that motion, and the motion was unanimously
approved.
31. Consider and act upon Resolution No. 2022-40 of the Town Council of the Town
of Prosper, Texas, declaring the necessity to acquire certain properties for right-
of-way, street easements, water easements, and drainage easements for the
construction of the First Street (DNT — Coleman) 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 First Street (DNT-Coleman) project. Staff has identified 22 of the
29 properties to be affected. Staff is requesting authorization to pursue acquisition by
eminent domain if standard negotiations are unsuccessful.
Councilmember Ray asked the what the timeframe of execution would be. Mr. Webb
replied that it would be approximately three to four months and the Town would
conduct a study on the roundabout.
Deputy Mayor Pro -Tern Andres made a motion to approve a Resolution No. 2022-40
of the Town Council of the Town of Prosper, Texas, declaring the necessity to acquire
certain properties for right-of-way, street easements, water easements, and drainage
easements for the construction of the First Street (DNT — Coleman) 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
Page 8 of 10
condemnation proceedings to acquire the property if purchase negotiations are not
successful. Mayor Pro-Tem Hodges seconded that motion.
Councilmember Ray — Aye
Councilmember Bartley — Aye
Mayor Pro-Tem Hodges — Aye
Mayor Bristol — Aye
Deputy Mayor Pro -Tern Andres — Aye
Councilmember Kern — Aye
Motion passes unanimously.
32. Consider all matters incident and related to the issuance and sale of "Town of
Prosper, Texas General Obligation Bonds, Series 2022", including the adoption
of Ordinance No. 2022-41 authorizing the issuance of such bonds and
establishing procedures and delegating authority for the sale and delivery of
such bonds. (BP)
Jason Hughes, First Southwest Securities, stated the following parameters ordinance
will delegate authority to the Executive Director of Administrative Services and the
Finance Director to complete the final pricing of the debt for an amount not to exceed
$34,000,000 at a maximum interest rate of 5.00%, and with a final maturity of August
15, 2042. The anticipated sale will occur the week of August 15, 2022.
Mayor Pro-Tem Hodges made a motion to adopt Ordinance No. 2022-41 authorizing
the issuance and sale of "Town of Prosper, Texas General Obligation Bonds, Series
2022", and approving all other matters related thereto. Councilmember Bartley
seconded that motion, and the motion was unanimously approved.
33. Consider adoption of Resolution No. 2022-42 directing publication of notice of
intention to issue certificates of obligation for the purpose of funding costs
associated with the construction of water and wastewater improvements in the
Town. (BP)
Jason Hughes, First Southwest Securities, stated this is the first step related to the
requirements of state law directing publication of notice of intention to issue certificates
of obligation through a competitive or negotiated sale for an amount not to exceed
$13,7000,000 at a maximum interest rate of 4.34% with a final maturity of August 15,
2042.
Mayor Pro-Tem Hodges made a motion to approve Resolution No. 2022-42 directing
publication of notice of intention to issue certificates of obligation for the purpose of
funding costs associated with the construction of water and wastewater improvements
in the Town. Councilmember Ray seconded that motion, and the motion was
unanimously approved.
34. Consider and act upon adopting the Downtown Master Plan. (MM)
The Town Council discussed the importance of the plan as a guideline and a
commitment to making the plan a "living and breathing" document. The Town Council
also requested a future Downtown Committee with defined scope of duties.
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Councilmember Bartley made a motion to approve adopting the Downtown Master
Plan. Councilmember Kern seconded that motion, and the motion was unanimously
approved.
Possibly direct Town staff to schedule topic s for discussion at a future meetin .
The Town Council requested the following items for future discussion: mesh screening, a
Downtown Committee, non-profit grants, and street cleaning.
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 551.076 — To deliberate the deployment of specific occasions for implementation of
security personnel or devices at Town Hall.
The Town Council recessed into Executive Session at 9:14 p.m.
Reconvene in Regular Session and take any action necessa as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 9:53 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 9:54 p.m.
These minutes approved on the 91h day of August 2022.
APPROVED:
Jeff Js, Mayor o-Tem
ATTEST:
OF PR()
� A
Michelle Lewis Siriannit, Town Secretary
1914.
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