Evening everyone. Welcome to the first town council meeting of 2026. And it is tuesday,
january 13th, 2026 at 6:15 p.m. And this meeting is called to order. Citizens and other
visitors attending town council meetings shall observe the same rules of propriety, decorum and good conduct applicable to the members of the town council. Any person making personal,
impertinent, profane or slanderous remarks, or who becomes boisterous while addressing the council or attending the meeting, shall be removed from the room, if so,
directed by the mayor presiding officer, and that person shall be barred from the further from
further audience before the council during that session. Disruption of a public meeting can constitute a violation of section 42.05 of the texas penal code. We have an
attendance today for a roll call, mayor pro tem bartlett, deputy mayor pro tem kern, council member. Hodges, council member and council member. Ray. At this time, we'll have the
invocation, the pledge of allegiance and pledge to the texas flag. And brad wilkerson
with rock creek church will provide the invocation, followed by the reciting of our
pledges. Welcome. Let us pray. Our heavenly father, we humbly come before you tonight. And as
we approach this new year, we come with hopes and dreams of what can be. We come with
gratitude for this incredible town that we all call home. We thank you for the people who
live here, work here, serve here, and invest their time and their energy into making this
town a place where all families can thrive. So as we gather tonight for this town council
meeting, we ask for your wisdom. Help each leader here to think clearly, speak graciously, and
make the decisions that serve the good of all of our residents. We also ask that you
bless our first responders, our educators, the local businesses, and every neighbor who
contributes to the well-being of our town. Bring unity where there is division and hope.
where there is discouragement and peace. Where there is tension. And we also pray as
well tonight for those who are in many parts of our nation and also the entire world, places
that don't look like prosper, places where there struggle and lack of peace. Guide our
conversations tonight. Let us respect each other. Lead well. Have humility that shapes our
choices, and compassion that leads us through every issue we face. We ask this in the name
of our lord and savior, jesus christ. Amen. To the flag of the united states of america
and to the republic for which it stands. One nation under god, indivisible, with liberty and
justice for all. Honor the texas flag. I pledge allegiance to thee. Texas. One state under
god, one and indivisible. At this time, I'll ask council member reeves to read our
announcements. Good evening. The this will visual arts of prospers holding an art show in
town hall lobby through friday, january 23rd. This show is free to the public and open during
normal business hours 8 to 5. Come, come by to view the art by talented local artists and
prosper. A reminder that town hall offices will be closed monday, january 19th for the
martin luther king junior holiday. There will be no trash service delays due to this
holiday. Join mayor bristol and prosper superintendent doctor holly ferguson for the state of
the community. Hosted by the prosper chamber of commerce and presented by cook children's
health on thursday, january 22nd from 11 a.m. To 1 p.m. For a year end. Recap and what's
exciting? What exciting things are ahead in 2026? Citizens may register for the event at
prosper chamber com. Thank you very much. Is there anyone else with announcements that they
would like to make? All right. Seeing none, we'll move to the next item. And that is our
first item is a presentation. That's to recognize the 2025 mayor's fitness challenge
participants. Trevor. Welcome. Good evening, town council. In 2019, the town implemented the
mayor's fitness challenge. This gives the residents of the town an opportunity to participate
in a town wide wellness and fitness program. This is a service that the parks and
recreation department offers to the community at no charge. The only requirement is that all
residents register and submit all required information. As part of mayor bristol's five
centers of excellence, this particular program falls under the pillar of wellness. In
order for participants to receive a complimentary shirt and be entered into a raffle,
they were required to complete the respective seasonal challenge and submit all logged
minutes to town staff. During the year's challenge, we received a total of 96
submissions. Of those, 9625 completed all three seasonal challenges challenge and
perspective. In 2024, we had a total of 70. Within the 2025 submissions, there was a total
of 93,900 logged minutes, equaling 1565 hours. Our grand prize winner, unfortunately,
was unable to attend this particular meeting, but I would like to recognize kareem
charania for not only completing all seasonal challenges, winning the grand
prize, but was also had the highest personal total of steps during the 2025 journey to 1000
mile competition with little elm, texas. And for anyone who did not attend that particular
meeting, the town of prosper are the reigning champions of that particular competition.
we're happy to present kareem charania as a recipient of the mayor's challenge coin for the
2025 challenge, and also for any participants attending this meeting. I would like to
recognize your accomplishment and your dedication. We are extremely proud and we are
looking forward to the 2026 challenge. We would like to recognize council member ray
for completing all three seasons. We are very proud. With that, I completed them but
I did not complete the form. Therefore no, it doesn't work. So with that, I do have the
mayor's challenge coins challenge coins for you to present on my behalf whenever
we get the winner here. So this is a very, very important thing to me. Councilmember ray is
taking it, taking this challenge on quite well. He does send me so no one else has
to do this. Alright. But when marcus goes out in the morning, when he's finished with his run
and he's all sweaty, he sends me a picture of himself finishing his run. So I have I
have visual evidence that he's completed the task that he's been presented with. So but the
the mayor's fitness challenge, again, it's something that's near and dear to me. And it is not just a a, a season. It's a year long event. And so thank you, trevor and your entire
team for making this happen. Appreciate you. Congratulations. Alright. Our next agenda item
is to recognize a member of members of prosper fire and rescue department for their
life saving efforts. Chief. Good evening. Mayor bristol town council, mr. Kronosaurus,
tonight we're recognizing multiple firefighter paramedics who accomplished something
truly extraordinary and also something fundamental to what we do. And that's saving a life.
we're also recognizing the dispatcher who took the call and provided critical
pre-arrival cpr instructions. Many firefighters and dispatchers dispatchers go
their entire career before or without receiving a life saving award. I'm continually
impressed by the outstanding results achieved by our members through their training. Through
teamwork and professionalism. We also look forward to returning before you again soon
to recognize additional crews for an incident that occurred just yesterday, when the swift
and decisive actions of our crews helped save a 43 year old male who is now awake and alert
at a local hospital after receiving cpr, defibrillation and advanced life support care
by prosper fire rescue paramedics. So that was an amazing day yesterday and so
good for us to hear that today. In that report from the hospital. At this time, I'd
like to invite our our team forward, along with our medical director and those who
responded that day, captain dwayne norvell, ryland duggan, william garrison, ramses
escobar, chase lowry, shane youngblood and dispatcher belema dbp. Chief chief bonnie
chief kennedy and doctor xeen, and also chief himes. Please come up. When someone's heart
stops. Nothing else matters in that moment. There is no bigger mission, no higher priority
than saving a life. That's why we exist as a fire department. Although we do many things,
this is the most important thing we do because the actions taken by these men and women
standing before you, a person is alive today who otherwise would not be a family was
spared a loss. A future was preserved with a chapter still left to be written. That
outcome is never accidental. It comes from the countless hours that they put forth in training,
their teamwork, the tremendous commitment they have, the decision making skills. And
again and again they answer the call with confidence and act with urgency and compassion. At
this time, I want to introduce the best medical director in existence for prosper fire
rescue medical director, doctor eric axene, to say a few words. It's quite an introduction.
thank you chief. Thank you town council, I really it's a great honor to be here, to be able to
represent something I'm so proud of. And it's a doctor's a lot of work to really be
committed to things. And mayor, I'm so happy to hear you holding the health and wellness
in such a high regard. It's really what we're all about is making our community safer and
more healthy. As a physician, there are a lot of different ways that I've been able to
serve, whether I'm on the field with the dallas cowboys as one of their doctors or in the
clinic or in the e.r. Doing whatever we do in the e.r. Crazy chaos, but serving as
medical director here for prosper has been something more fulfilling than anything else
I've experienced as a physician, not just because I'm prosper and prosper. I don't know if
that's the right word, but resident here. I just before I brag about these guys and the
great thing they did, I, I just just honored to be here. And it's so important to I really
want to let everybody know here in our community how lucky we are. I founded a company that
does medical direction across the country. I work with more fire departments than there are
40,000 of them. I don't have all 40,000 yet, but we I get to see a lot of fire departments,
and I can tell you we have a very special thing here in prosper, and I can't name any
names of places where I am medical director, but bar none above anything else, I've
experienced, our team here in prosper is amazing, and it's been a lot of work and a lot of
support from you to make this, this stuff happen. And I think that the cpr, save that we had
as a testament to that 60 year old gentleman, a cancer patient, went into cardiac arrest. The
son called 911 and as was mentioned earlier, I dispatcher appropriately started bystander
cpr, which is probably one of the important cogs in the wheel that made this thing happen.
and then we arrive. I think we defibrillated seven times total, six times without success. What
that means is sometimes you'll try to use electricity to get the heart jumpstarted and it doesn't work. So you continue chest compressions. One thing from a medical perspective a
lot of people don't understand is that if you interrupt cpr, it takes 14 chest compressions
to get back to a perfusing rhythm so we can start bringing blood to the brain again. It's
not a simple thing. It's not luck. Seconds count with these situations. And in cpr, even
though we're pushing on the heart, I think it's important for us all to understand that we're really trying to save brain cells, because that's really the key for discharge.
going home to your loved ones, fully functional. And it's amazing to me that we get close
to 20 minutes, which is almost unheard of to go through 20 minutes of cpr, to have this
patient discharged home to cardiac rehab was absolutely amazing. And for that, I think
it's not. Obviously, I'm kind of bragging on the guys here. Our our is amazing and
it's an honor for me to serve them. But it's it's you too. It's our community. It's our
leadership here in this town. Beautiful town I love that is put us in a position where we
can do things like this. And it's a real honor to be here. I could talk all day because I'm.
I feel like a dad to all these guys. I'm that old, but they are amazing. Yeah. Me too. So.
thank you for the honor to speak today. It's a real pleasure. And congratulations,
gentlemen. You representing our department, our town very well.
thank you. Great job. Thank you. Thank you brother. Appreciate. Ramsey's. Hey, buddy. Shane
youngblood. William garrison, thank you gentlemen. Captain dwayne norman. Great job. Chase
lowry. And. And. Thank you for being here. Thank you chief. With that said. I got to do a
tour in dispatch right before christmas. And I think very often we under hype the value
of the dispatcher that is is so important and getting things going. So I just want to say
thank you again to you and your entire team there. You guys don't get the glory that many
times. That is, you're back in that dark room looking at a computer screen and doing a lot
of work. But thank you very much for that. Haven't gone forgotten on us. We appreciate
everything that they do and they are very, very critical during that time frame to keep
them. Give us a I always say if if we have a viable chance, our crews are going to get you back,
they're going to they're going to they're going to make that difference like they did in this case. They're going to make that difference just like they did yesterday. But it
takes that to help and sometimes guide someone and calm them down and to do those
kind of things, to give us that chance. And so we appreciate it. Another question for doctor
vaccine would be is so 20 minutes of cpr, how long on each guy is that isn't that I
think it's just like about a minute or two and they're swapping through and yeah. So I
mean that's everybody on the team here was fully involved in this. So they are and and to
through we have some equipment on all of our ambulances that for chest compressions. So they
still have to do a lot of it manually. But then we move them over to to a machine that helps
do that, a lucas device that helps get them to the hospital and and is also very
instrumental, but it wouldn't happen without any of them. Thank you. Congratulations you
all. I know. Thanks for leadership. Thank you, thank you. Skinny skinny skinny
skinny. Alright, one. Two three. And then. Well done. Thank you, thank you, thank you chief.
thank you. Appreciate it. Alright. With that our next agenda item is another
highlight and that is to recognize the prosper police department for receiving the law enforcement recognition program redesignation by the texas police chiefs association
chief kowalski. Good evening, mayor and council. My name is jake sullivan. On behalf of the
texas police chiefs association, I'm here to recognize the prosper police department for
their third reaccreditation. This sets the gold standard for law enforcement to ensure you
and your citizens that the police department respond and act at the highest standards
possible in law enforcement. So with that being said, chief. Thank you, sir, on behalf of
the texas police chiefs association, we're proud to announce that prosper has got
their third accreditation. So every four years they go through an assessment, and that
assessment means that they meet the gold standard in policing in the state of texas. Thank
you sir. Sir. Thank you. We appreciate it. Yes, sir. Thank you very much. Congratulations.
thank you, thank you. I'll take a moment at the mic just to say this is obviously a team effort.
this doesn't happen by ourselves. And it starts with the citizens. Something
intrinsic and unique about prosper. We enjoy overwhelming support of the citizens. We
enjoy the overwhelming support of the council constantly backing public safety. And it
was incumbent upon us to return that confidence that's displayed in us by becoming
part of the best practices program and assuring the citizens that we follow all the
best practices in policing. And it's a award that is shared by the entire department because
everybody had to pitch in. And it is incumbent upon me to recognize assistant chief scott
brewer, also, who wanted to be here this evening. But he's away at a training for the one
of the grants that we've received. But he wanted to be here also. That's the only
reason he's absent and he is our program manager. So I wanted to mention him also. But
I want to thank you all for your support. Have a good evening. Congratulations. As
you can see, public safety is very important to the town of prosper. We'll move now to our
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, in
non-controversial routine planning and zoning items where there was no opposition and were unanimously approved by the pnc commission and were no comments in opposition, have
been received by the town council prior to the meeting. Also may be acted upon during
this portion of the meeting. Items. Items may be removed from the consent agenda at the
request of council members or staff. Is there anyone that would like to pull an item from
the agenda? Seeing none, can I have a motion to accept the consent agenda? Make motion
three 919 I would say there's more than that. Motion by marcus ray. Second second by
jeff hodges. All in favor? That motion passes unanimously, six zero. Thank you very much.
thank you. Thanks for being here. We appreciate it. Thank you. We'll move now to citizens.
comments. The public is invited to address the council on any topic. However, the council is
unable to discuss or take action on any topic not listed on the agenda. Please complete
a public comment request form and present it to the town secretary prior to the meeting.
please limit your comments to three minutes. If multiple individuals wish to speak on a
topic, they may yield their three minutes to one individual appointed to speak on their behalf. All individuals yielding their time must be present at the meeting, and the
appointed individual will be limited to a total of 15 minutes. Is there anyone here
tonight that would like to address the council? I have no public comment forms. Michelle.
anything else? Thank you. All right then we'll move on to our regular agenda pursuant to
section 551.007 of the texas government code, individuals wishing to address the council
for items listed as public hearings will be recognized when the public hearing is open.
agenda item number 20 is to conduct a public hearing and consider an act upon a request
to amend the development standards, uses and conceptual layout of planned development.
52 consisting of 10.8 acres on the south side of prosper trail and 815 approximate feet east
of mike howard lane. Mr. Hoover, thank you mayor council. Happy new year. I don't think I've
seen any of y'all since the new year began, so hopefully you enjoyed the holidays this
prosper flex park as it's it's being called it was most of you probably will remember that the
site was originally set up to be a nursery. And so the pd is pd 52. It's the same pd. It's
just being amended as part of this process. Assuming this is approved, we'll wind up have
four buildings that will be constructed. Excuse me. Constructed on it primarily
office warehouse similar to the crossland buildings that are adjacent to it. A lot of of of
standards are addressed as far as the proposal is concerned, which we'll talk about in a
minute. This is what it looks like. And the location there. Prosper trail not quite to
howard lane. Remember, nancy lieberman had her little basketball place there for a
while up in the front. The building that's there will be removed, which will probably be
happy about. And the new buildings will go in its place. This just shows what all the
surrounding zoning is. It's definitely compatible with the surrounding uses. Future land
use plan is kind of right up the alley, so to speak, for for what's being proposed adjacent
to the the railroad tracks. And again, crossland site is right next to it, which is very
similar in uses. This is just a breakdown of what the surrounding uses are. You can
see the only thing that's not business park either from from current land use or future land
use is across prosper trail and there's residential over there. This is what the concept plan,
what it will look like. You can see it's got the four buildings right now on the site. The
detention pond is is closer to being in the center. And that was because it was part of the
nursery use. The proposal has it moving to the back of the property. This is just the site
summary table. I'm not going to read it to you. It covers all of the the requirements that
are there. There are nothing special that's being asked for, for, for this type of
development. As far as our codes are concerned. Again, this is just the breakdown. I'm
not going to read them to you. Happy to answer questions, but all the landscaping that's
being proposed is is correct. The landscape buffers is are correct. Setbacks are all the
way they're supposed to be parking and so forth. So the landscape plan gives you an
idea of of what it will look like. Open space amenities there are putting more in here
than what you might normally find in this type of development. It's got tables,
benches, bike racks and so forth. Also, you might wonder how we came up with 11.3% for
open space. The requirement is 7%. When it came through the planning commission, the
applicant noted that it had more than 7%. It was 11.3. Planning commission says great,
then we'll add that in. So that's why it's 11.3. But it's basically the same site plan
and concept plan that was shown to the commission. Again, the open space I was just talking
about there's a detention pond. You can see it's got amenities around it and in the back. So
it'll actually be something that's usable instead of just a hole in the ground. The
building elevations you'll see. We see the pictures in a minute. It has articulation on various
sides. It has awnings, masonry materials, does have some tilt wall. As part of the
construction. This is what's there and hopefully you won't miss it too much. This is
what's going to go in its place and the development standards. It states that that the
architecture, the look, the appearance and all will be what these pictures look like. So these are not representative of they are what it will be. Couldn't see. It's I think well
designed. This is what it looks like. You can see across the back. And it's it's basically
for buildings 150,000ft■!s tota. There'll be subdivided inside depending upon who the users
are. And nothing prevents a user from taking a whole building or even more than one
building. But they're also designed, like most flex space, to to be able to subdivide it
into smaller pieces. As far as as notices. December 5th, the mailouts went out for the
meeting newspaper. In december 26th, the notice was there for the council meeting. We've
gotten no responses back from from citizens. Staff recommends approval. Planning and zoning
commission recommended approval 5 to 1. The the one that voted against commissioner fury to
have a limit as to what the smallest subdivision of the buildings could be. The other
commissioners didn't think that was a good idea. So the vote was was 5 to 1. But it was not
against commissioner fury, was not against the use or or what was being proposed. He just
thought that it might be a good idea to have that limit. And that's it. The applicants are
here. Do you have any questions for for me, I'm happy to answer them. Otherwise, I believe
council member hodges has a question for yes, I do so in the list of intended uses. I
guess there's a couple that that have, for example, auto automobile repair, minor and
major building materials and hardware sales, minor and major. What is the difference between
minor and major? What what is that defined as? I mean, how do you it seems that it's not
clear cut and maybe it is. It's just not written here. I don't know, but how do you decide
that we actually have definitions in our ordinances as far as what constitutes
minor and major? The, the building materials, for instance, is, is that one's a
little easier because it, it generally is supply places, window companies, door
companies, things that are pieces, trim things maybe that are pieces of of a development.
they're not full blown construction company inside, but they have the pieces and
the components. But they could be freestanding companies and they have their offices in the
front part, and they have a limited amount of of stock and service in the back office
warehouse in the back part, there are several the over in the crossland buildings right
now, several s similar types of things. The automobile same thing, major and minor are
different classifications of what can go. For instance, I can think of. In fact, the town
uses it. There's a tint shop that's in in, you know, window tint shop that that is in
crossland right now. And there are other similar types of things that go in there. The
the major is. Can't off the top of my head. Think of what specifically goes into the
major. You're not going to have outside wrecked vehicles with engines being rebuilt and those
types of things that falls under a completely separate category from the minor and the
major, so you won't see anything outside. There may be some things inside that are
going on. For instance, could be a classic car place. That or even hobbies for for people
that will redo cars in inside and then so they come in, they redo them completely, restore
them, and then then send them back out again. Those types of activities may occur, but but
nothing in the form of what I would call salvage, repair or body shops or those types of
things. That's a that's a more intense, different category. Does that help? Honestly not
really. Are you are we looking at like the size of what they're doing, or is it the
volume that they do? Or. I mean, because I'm looking at and thinking engine repair, right?
I mean engines, an engine, it's so that looks like it would fall under volume if they have
a bunch of cars waiting to be serviced, then it would be disallowed. Whereas if they had
cars that they could keep inside. That's okay. Well, it's disallowed based on the fact
that they can't have the outside storage and can't have them sitting outside of the
building. So depending on how much space they lease. Whoops. What did I hit? I'm sorry, how
much space they lease. They may be able to to have more going on at the same time, but that's
going to be more a limit as to what goes inside space wise, because they can't do anything
on the outside, so they can't have like and I'm not picking on place. It's just the first
thing that comes to mind, like a discount tire or a firestone that sometimes may have more
vehicles because they've only got four bays, but there's 12 cars that they're waiting to
put the tires on, and they're all parked outside. That won't be allowed as, as part of the,
the zoning. And it's also not allowed. I think you'll hear from the, the applicants if
they have an opportunity to speak. It's part of of what they put in their deed
restrictions to prevent that from happening because they didn't want the parking lot, excuse me, full of cars being worked on. So if somebody rented half of one of those the
whole development and turned it all into a repair shop and it was all indoors, would that
qualify still as minor? It would, it would. Okay. Yes. Now I don't again, not speaking for
the applicants is what they would or wouldn't do. I do not believe that that's the intent
of who they would would lease to. The category is something that would would fit based on
what we we have in there now. Yes. But you do have like like you said, you do have the
parameters are in code. So just looking at this, it just seems like if there was somebody who
came in and wanted to open a print shop, let's say, and it says minor print shop only, and
you said no, your print shop that you want to open is a major print shop that's in
writing somewhere. So someone wouldn't say, well, you're just you just don't want me to be in
town. And so you're calling me a major when it's all I'm doing is printing it? There is. We
have the the definitions in our, our codes and ordinance about what constitutes a difference
in the minor and the major to a minor would be something like a ups store where you go in and,
and you drop off and maybe you're getting, you know, 300 pieces of something. A major
would be like a magazine or a newspaper print shop, okay. Where you go in. And so there's
it's the definition is obviously a little more sophisticated than that, but
you've probably seen the ups where they and it's not just ups, but it's, it's several
fedex and the others. They all pretty much have that now where you can go in and it's very
limited. It's almost like a service, more so than than an actual industry, so to speak.
and that's the basic difference. Okay. And then one last thing that struck me as kind of odd
in the list of restrictions or eliminated from you have house of worship in there as a, as a,
as an allowed place. And I don't know what y'all think. I it just seems that a business
park should be a business park and not necessarily a church. So. I'm not I'm not against it
necessarily, but it just, it just seems out of place. And I don't know if if that's
something that we have in other places as well. Or, and maybe the applicant has somebody in mind already that they, they want to rent to us, but if not, I'd like to get that stricken
from the list of uses if, depending on how everybody else feels like. Again, it's nothing.
terry had something to say. Yeah. The town attorney would like to weigh in. Just said
that churches are permitted in any zoning district in the town. Okay, so that has to be in
there. But we could be challenged if it's not in there. Let me say. Okay. Well, it's
again, it's not that important. It just seemed out of place. So there's no question I agree
completely. And we have that discussion period periodically when we're looking because, you
know, houses of worship churches have limiting factors on other places when, when they
come in. And kind of the same thing, which I think would be out of place, but they come in,
you're not going to get restaurants because restaurants can't get alcohol licenses if they're within a certain distance of, of the church. And so both of those would probably
be out of place in a development like this. But the restaurants don't have the
privilege that the churches do. So that's why they're there. That's all I had. Thanks, mr.
welch. Mayor, I pulled up a few of the definitions from the zoning code just on my phone. A
major automobile repair, I believe, was one of them. Yes, sir. Major means the facility,
which offers general repair or maintenance of vehicles, including paint and or body
repair services, outdoor storage and vehicles. Overnight shall provide screening in
accordance with the open storage regulations in the zoning ordinance. Any facility offering auto services that requires overnight storage of the vehicle shall be considered
major. Automotive repair. Minor automotive repair means a facility which offers general
repair and maintenance of vehicles. Minor automobile repair uses shall not include a
facility which offers paint and or body repair services or the outdoor storage of vehicles
overnight. So I have a couple questions. Yes, sir. It's similar to what councilman
hodges was just bringing up in regards to the accepted uses. And I'm just confirming to just
for public viewing or public listening or watching that, you know, in the development
agreement, we do have additional restrictions that are in line with our, if you
want to call it, family friendly atmosphere. So eliminating some additional uses that aren't called out in the exhibit. Yes. In regards to worship, house of worship or
restaurant, with the restaurant being only one, one of the only ones with the conditional
approval. I just want confirmation. And I think this is what commissioner foray was
probably worried about in regards to the smallest amount of subdivision is that some of
these items, as they're developed out or built out, would food parking wise, some
of these additional, maybe potentially larger usage uses? I just want to make sure it's
not like they can just rent out any piece of this without coming back to y'all's
department to get approval for what they plan to build out in those additional pieces, like,
let's say, if it's all bunch of small places and they want to add a church as an example or
whatever, even if it's a small one, the parking requirements would be still enforced as part
of the overall standards. Is that right? Yes, sir. That's absolutely correct. Each of the
individual uses have to. The building shell itself gets what's called a certificate of
substantial completion. The individual uses in each of the, the the separate however the
amount of space is actually get a certificate of occupancy okay. For that certificate of
occupancy to be issued they have to show that they have the parking. So it is possible that
depending on how you lease at the beginning is you're working your way through the process,
you get to the end, and there's more of a limiting factor because of the amount of
parking spaces that that are required. So you get to the end. You need 12 spaces for whatever
your size and your use is. There's only six. You can't do it. So so there is there's
multiple controls as as you say that that are in there as far as it's it's developed out okay.
thank you. Yes, sir. Any other questions for staff. All right then at this time we will open
the public hearing. Is there anyone that would like to speak on this particular item? Seeing
none. I'll close the public hearing. Is it any council member wish to ask a question
of the applicant? No. Okay. All right. Is there a motion on this particular item? Well, mr.
hoover tries to figure out how to clear the screen. Yes. What did I do? There we go. Well,
that made it worse. I have no idea what I did. Sorry. Say that again, marcus. So I'll
make a motion to approve the request. Amended development standards uses a conceptual
layout plan. Development 52, consisting of 10.8 acres on the south side of prosper trail and
815ft east of my cowardly. We got a motion by marcus ray, second by amy bartley. All in
favor? Motion passes six zero. Thank you very much. Thank you. Sir. The next agenda item is
number 21. Consider and act upon authorizing the town manager to execute an interlocal agreement between collin county and the town of prosper for animal shelter
services for an initial term of five years, with annual renewal terms of one year and an
initial fee of 116,702 for fy 2025, 2026. Miss robin battle thank you, mayor and council.
so this evening we're asking the council to consider a new ila with collin county for
animal shelter services. The first original ila that we executed with collin county for
these services was back in 2006. Since that time, we have approved annual renewals. But
following discussions last year with all of the participating entities, collin county has
proposed a brand new ila with some very different terms. Council may remember we
discussed this in work session in november. The new cost structure, the new entities,
that kind of thing. So we're we have that ila for you to to consider tonight just as a
review. The services that collin county animal services provides to the town through
the ila include receiving stray animals, caring for impounded animals. They do rabies testing
and vaccination, microchipping. They also do foster services as well as adoption and
reunification. Reunification with families when possible. The current ila with collin
county expires in 2028, so if we were to continue with the ila that we're currently under,
that would expire in 2028. This new ila that we're proposing tonight would replace that old
ila, start us with a new contract with collin county, with the new terms of service,
the revised ila has the same services included. However, the initial term is five years. So
upon execution of this idea that would start a new five year term, after that there
would be one year renewals. As I mentioned, there is a very different cost structure that's
being proposed with this ila. As you may remember, some of the costs have been have wildly
fluctuated from year to year for animal shelter and for animal control services. So
this new cost structure is based on a base operations fee that includes a 3.5% cost
escalation each year. And what that is intended to do is to kind of smooth out those cost
fluctuations and provide a little more predictability to all of the participating entities in the contract. That's the first component of the cost. The second component
is a maintenance and capital contribution. And collin county is estimating those per fiscal
year. So there's a there's a predictable escalation each year for the maintenance and
capital costs. So those two components are split among all of the participating entities.
and it's based on population. So prosperous, prosperous percentage of population for
all of the entities is right about 5.8%. So of that really large $1.8 million number,
we're only about 5.8% of that. So our portion of those costs for fy 2526 would be $116,702.
collin county is encouraging all of the entities to sign this new ila, and they have
indicated that if we choose not to adopt the new ila, then they will not renew our existing ila
when it expires in 2028. So this is really our our most viable option for animal
shelter services. So with that, town staff is recommending approval and I'll be happy to
answer any questions. Questions for miss battle. Not our favorite, but I don't see a lot
of options. So is there anyone like to make a motion on this particular item? I find it here
21. I move to authorize the town manager to execute the interlocal agreement between
collin county and the town of prosper for animal shelter services for an initial term of
five years, with annual renewal terms of one year, an initial fee of 116,702 per fiscal year
2025 2026. Thank you. Do I have a second? Council member, hodges to second. It. All in
favor? Motion passes six zero. Thank you very much. Next item is agenda item number 22. To
consider an act upon authorizing the town manager to execute amendment number 19 to
the interlocal agreement between collin county and the town of prosper for animal
control services in the amount of 171,374. Yes, sir. This is the second component to animal
services with with collin county animal services. And this is for animal control
services. So we do have a separate eyalet with collin county for animal control. The
request tonight is to do an annual renewal of our existing ila. So we are not proposing a
new ila for collin county animal control services at this time. This is just the annual
renewal that you've seen for about 19 years. I think this is our 19th amendment to the
existing ila. So same services will continue. Animal control helps us reduce the stray
animal population, the responsible for the restraint of dangerous animals,
prevention of inhumane treatment of animals and some other services. They do have
some 24 over seven on call services for emergencies, deal with dead animal carcasses,
that kind of thing. So we are just requesting approval of the renewal of the annual ila with
collin county for these services. The town's portion of this for fy 2526 is $171,374.
staff is recommending approval. However, you may remember from the work session back in
november, town council did direct staff to start looking for other options, other
service models that that may be less expensive. So while we do recommend approval of this
renewal for this year, we will begin looking for other, more cost effective options. Okay,
so before I ask for other council members input, I had the opportunity to test this
particular thing. I actually put it used our my prosper app on. Can't remember who was
thursday or friday, and robin intervened. And so if you wouldn't mind, just share that
in our time frame for get getting the dead hog carcass removed. Sure. Yes, we did
receive that through the mobile app, so thank you for using that. That really is the most
effective and efficient way for us to receive those those kinds of requests, those that type of
service request gets routed to our code enforcement staff. I think we became aware of it on
thursday. I think that's right. And by saturday morning it had been picked up. So we forwarded
that request over to animal services. They came right out and took care of it. So that's
that's a a success story. The only thing I would point out is it did take until saturday to
get it picked up. So a lot of people drove by it along the way. But it did get picked up.
so any other questions for robin or commentary? Do I have a motion on this item? I'll
make a motion. Yeah, okay. I move to authorize the town manager to execute amendment
number 19 to the interlocal agreement between collin county and the town of prosper for
animal control services in the amount of 1700, I'm sorry, $171,374. All right. Motion by
jeff hodges. Is there a second, second, second by marcus ray? All in favor? Motion passes
unanimously with a delayed vote from mayor pro tem there. Thank you. Robin. Thank you. Agenda
item number 23 is to consider an act upon a park improvement fee agreement between the town
of prosper and creekside prosper, llc for the creekside development. Mr. Dan baker,
thank you, mayor and council. This one should look a little familiar. We had presented this
one a couple months ago before the holidays. You all have given us some direction to take
back to the developer, and so we're coming back to you tonight with some some slightly
new information. I do have the owner's representative, clint richardson, here. He'd be very
interested in answering any questions you might have or any comments you may have. So doing
the math, as we usually do for parking permit fees, the developer would owe us $331,000,
530,000 $331,500 based on his 221 lots, and then would also owe us 6.31 acres based on the
one acre per 35 units he is actually conveying over a little over seven acres, so a
little more than what he's required to do. Creekside development is sitting, you can
see in the red circle, just a little west of the tollway in northern northern part of town.
also, what the developer would propose to do is to widen existing sidewalk, per the
trails master plan for a credit back, and that credit would is estimated to be right around
$45,000. So going through the math, the park, the park that would be developed would have a
full trail around the perimeter. So you have a loop trail to walk fully irrigated sod.
that's something different than what we had last time. Signage and trees. We would also be
able to line the field, put out goals, do things. So if we needed some additional practice
space or just play area, we could do that right off the right off the bat. So it would
be a full park with still some opportunities to add amenities to it. The remaining park
improvement fees after the credit is observed would be 286,500. Last time we came to
you, mr. Shattuck had offered to add an additional $100,000 to try to close the gap of what
the town would have to pay. Since that time, he has upped that to $250,000, contingent on
the park being named after his father or his family. So that's something I know. There was
some some conversation regarding that, but with that, with the 250 and the 286, the
town would still have to pay or come up with $173,500 to build that park. Now, the developer
would manage the complete construction. So it's it's fairly turnkey park naming. I
know this is something we've talked about actually in a couple meetings now, I did pull
from the ordinance requirements as far as what is required. As far as someone asking to have
something named after whatever they desire, as long as it fits in the park ordinance. The
ordinance states that the total contributions would have to be 50% of the acquisition costs.
and in talking with terry, we we went back and forth and determined what is the
acquisition cost? So the acquisition cost is essentially what's going to be put into the
land to turn it into a park. It does not it does not count the land dedication. That's that's
required. It also does not. Inclusive of the park improvement fees that are
required based on the number of units that are, that are that the math is calculating to, to
get us that number. So really we're looking at the $710,000 that would be considered the
acquisition fee in this case. So 50% of that would be $355,000. So developers about
is $105,000 short of meeting that requirement. This was taken to the parks and
recreation board last week. The the board was fine with the development agreement, the park
facility agreement, but they did not feel good about essentially not following the
ordinance. They said if the developer were able to meet what was required in the
ordinance, they did not have a problem with the name, but they did not want to do it at a
discounted rate. So with that, I'm happy to answer any questions. And so would clint.
thank you. All right. Thank you very much, mr. Baker. Amy. Yes, I have a few questions. Okay.
so my first question is about this site has there and I think I know the answer to this, but
has parks ever taken up what the eventual result of this seven acre park would look like?
in other words, what amenities it would have eventually? Yeah. Yes, ma'am. So eventually,
based on the type of park it is, you would see a a playground and potentially backstop, maybe
a little picnic area. Excuse me. Picnic table, maybe some benches, water fountain, things
like that drinking fountain. But really that's about what we would come in later and propose
to do. Okay. So and I'm just asking that just because you're putting in irrigation and sod
and I'm wondering, you know, what kind of level of, you know, destruction has to go when you,
when you come back and retrofit all those items? Yes, ma'am. And we would be very careful as
far as the layout we would have. We already have an idea of where we would want to place
those items. Really, the playground is probably the biggest item, and I would tell you that's probably the easiest thing as far as with the irrigation. Typically you can
handle that by capping a couple heads and then even changing the nozzle. So if you've got a
just a full rectangular area, we were going to take a notch out of it to drop a playground
in. You might want to cap a couple heads on the backside. And then on this on the front
side, we would turn those into full heads. So really minimal minimal cost to do anything on
it. Okay, so here's my struggle with this. I'll just kind of lay out my argument. I I'm okay
with giving the credit for the trail because we've done that in the past. And I think it's
practice that we've done. It improves the trail. It meets our our plan. I'm okay with
that. My issue here is even with the contribution of $250,000, which is tied to the
naming, which I do not agree with, I'm really agree with with the parks board. It doesn't fit our ordinance. We're out of pocket $173,500 for a park that presumably is
not a park our rest of our citizens would drive to to use. It's it's really meant to be
sort of a neighborhood park, you know, go play soccer, go play ball, that kind of thing.
and in the situation that we're in today, with the bond not passing, my my feeling is we
don't spend our funds like that. Instead we take in the park dedication fees and use it for
what would be considered greater good for all of our residents. So whatever it is
that our residents are asking for more amenities in larger parks, more practice space, in
larger spaces where you've got parking and you've got other other amenities there, or other
other requirements there for more of our citizens to use it. So I just struggle with us
coming out of pocket, naming a park after a developer, basically, or a builder's name
without it, without it meeting the requirement for the ordinance. And on top of we're
going to have to tear some of it up a little bit later when we do finally put it in the
playground. So those are sort of my struggles with it. I'd love to hear my colleagues. I
don't know where everybody else is on it. I'm, you know, I just that's just sort of where I am.
thank you. Anybody else? I have to I have to say I, you know, when I, when I've been thinking
about this, this item I was going to, I was going to say really what council member
barley just said. And she really said it very eloquently, because that's literally what I
was going to say. I, I think that that we, we have to think differently on, on how we spend
our park funds today because we don't have the money because the bond didn't pass. And so we
really have toe to think differently on on our park dedication fees. And so I
really do agree with what she's saying there. Okay. Yes, sir. Yeah. Microphones not okay. So
absolutely in agreement with the widening of the trail and the reimbursement for that, I
really struggle with the naming of the park and not because of who it is. They've got a great
name throughout the metroplex, you know, and and it has a great name in prosper. So we've
got parks and prosper that were previously named after, you know, people who donated it,
that the name has changed. And so I want to make sure we don't set a bad precedent here. And I
do have concern with the naming of a park that is primarily used for the neighborhood
that's going to just use it. I would much rather we put the funds towards the wider good
for the park system in general, and so don't have a concern with reimbursement for the like
I said, the the trail because I think that's an appropriate one. I just I feel like this is the
third time with negotiating park fees for specific parts in that specific region for that
one park versus looking at the whole. And I would really maybe let's take it back to the parks
to say, you know, when we have cases like this that are brought before us in the future,
let's make sure we're looking at the wider because, you know, as mentioned by councilman
reeves and bartley, you know, without having the bond access to build parks, we've got to plan differently and more creatively. And I do appreciate this builder because I think
that they want to be a good partner, and we just need to find a way to leverage that
contribution for the wider community. And so if we can take that component back and
maybe think about it differently, I'd like for that to happen. But I have no concern with just the small portion about the trail widening reimbursement. Okay.
thank you. With that being said, mayor pro tem bartley, do you have a motion? I don't know,
terry can maybe help me with it, but I would make a motion to approve the credit for the
connector trail using the using the park improvement fees. So we would accept the park
dedication fee and give a credit for the for the construction costs associated with the trail. And what I would suggest is we could make a motion to approve that, and
we put the agreement back on and consent agenda so that everybody has agreed to that,
and the developer has agreed to that as well. Okay. Say that one more time, please, because
he'll be paying a park dedication fee with a credit for the 45,000, the 45,000, the
trail that we put that in. And that'll be an agreement we're going to need to amend was was
in the packet right now and change that. Well in in in thank you because I'm still not
sure as mr. Shaddock going to be okay. Part of his deal is the the naming. So I don't know
where he's going to. Well I'm saying we don't we don't make the fees. We're only doing
correct. Gotcha. Okay. Yeah. We're we're just going to take the fees as the ordinance says,
reimburse the connector. The connector trail is what we're. So I mean, that's that's all
within the ordinance. So there's no nothing outside of that. It just need we just need the agreement. Redrawn agreement. And they'd have to sign the agreement. Okay. We
could we could put that on a consent agenda. Barring their disagreement with that. Okay,
okay. No, I think we can we can approve an agreement with those requirements. And how would you
bring that back for approval on a consent agenda once, once everybody has signed off on
that. Yeah. Are you okay with that? Yes, I'm okay with that. So I make a motion to accept
the park improvement fees due for creekside development and to credit them for the
connector trail. Increased cost. Is that the right. Is that how you say it? One more time. Make
a motion to receive the park improvement fees due for creekside development and to
credit them for the connector trail? Increased cost. We would charge the park dedication fee
and a credit for the connector trail only. Correct? Yes. Thanks. Okay. Do you want to do
we need to clarify that motion more? As the attorney has stated, whatever terry says.
okay. Thank you. I've used that line with my wife and it hasn't worked very well, I would say.
yeah, if you make that motion, we'll second that and we have direction on what to do. Okay.
awesome motion second. All in favor. Motion passes unanimously. Thank you very
much. Thank you. Thank you, mr. Baker. Amy. Marcus. Okay. Next agenda item is agenda item
number 24. Consider an act upon authorizing the town manager to execute a construction
agreement with home run construction, llc for parvin park in the amount of
$532,145.32, mr. Baker. Yes. Okay. Thank you again, council. Let's see here. That's
interesting. Okay. Sorry about the transitions there okay. So some good news on this one.
parvin park, which we've also called the downtown pond which is also called the downtown park. We received our bids. We opened bids in november. The scope for the park includes an
eight foot wide concrete loop trail that goes around the park. It's a small park, small
playground, small pavilion, three parking spaces along the west side of the park,
including some accessible spots, some sod and tree plantings. We did receive 12 bids, so that
was really nice. It was a lot of interested people in this project, the lowest ranging
from $532,145.32, which is the one we're asking you to approve tonight, all the way up to one,
a little over $1.1 million. So pretty good spread. We've got just around $1 million
available to build this park. So so that's that's going to be helpful. Construction schedule
is for 145 days. We anticipate finishing this summer. Also failed to mention I've got our
consultant. Our design consultant tim may with perkins is here tonight too. So if
you've got any questions for him, he certainly help answer those. And here is a copy.
sorry, this isn't the best. This isn't the color copy, but the color one had a lot of
extra stuff that wasn't pertinent. But you can basically see the site plan for the park with the trail going around it, with the pond in the middle and the playground,
parking and pavilion in that southwest corner. With that, I'd be happy to answer any
questions. Questions. So one one minor question do we have? I know we have. I've mentioned
this before, but are we planning on putting any no parking signs on parvin and
broadway? I'm sorry. Yes. So yes, the part of it. So parvin and church. Yes. Broadway is
actually a texdot roadway. We can go down that that road, but it's going to take. It'll take
a few months. We can certainly look at it. It's just not something that we, the town
maintains or does traffic signage for. So I guess this would be a question for chief
if if somebody's parking along broadway, would y'all have the authority to do anything if
there there's no signs, but there there's. Yeah, but yeah, there's a couple answers to
that. There's currently there's no signage out there on broadway, but if the
obstructing the roadway in such a way that they've left the vehicle, that is impossible for
people to pass. That would be a parking violation. Additionally, as we developed the downtown, I
believe union has is bringing a ordinance that's going to allow the town manager to go ahead
and start designating certain places as no parking zones with the between between the police
department and union and the town manager. So if it becomes a problem, we can we can act
quickly as opposed to going through all the ordinances that we have in the past. Okay.
thank you. Thank you. Chief. Any other questions? Would anyone like to make a motion on
this item? I motion to approve authorizing the town manager to execute a construction
agreement with home run construction, llc for parvin park, and the amount of
$532,145.32. Okay. Motion by amy bartley, seconded by cameron reeves. All in favor?
motion passes unanimously. Thank you very much. Pleased to see the involvement on that
particular budget item. So thank you. Item number 25 is discussed. And consider the
town council subcommittee reports. The downtown committee met and we had no council
members that were able to attend. So does a staff member wish to make a report? Thank
you. Let's see, what did we talk about? I think we talked about the update on the
monument. So the bids are active. We had an update meeting with the landscape
architect last week to check on things. As of that time, we had three proposals that were in
progress and bids are due on the 22nd. So we're hoping to bring you a bid award. First
meeting in february. Chuck provided an update on the parking lot situation and and
that's moving along. So we've got several projects that are that are progressing. Thank you.
you're welcome. Cc. Oh yeah, I had a great meeting. We are changing things up a little bit
with cc. We're breaking up the entire group into three working groups, one for events and live
and prosper, one for communication and marketing and one for miac. And each working
group is supposed to meet before our next meeting. Events and life and prosper is really
supposed to be targeting and working on america. 250 and that should be bringing back in
our february meeting for the larger group to discuss and make some decisions. So it's
very exciting. Anybody else? Oh, good. Thank you very much for that. Next item is a possibly
direct town staff to schedule topics for discussion at a future meeting. Does anyone have something that they would like to be have brought forward? I'll throw out something for us
to discuss and that is that. Prior to christmas, I did a ride along with sergeant keith
man, and he was off. Was nice enough to give me a full demo on the flock system drones, the
first responder, which was very, very impressive. And then I had the opportunity to visit with
our dispatch team and sit in on some time with them. So I simply throw out there it to
the council that there's a lot of things there that if you have a few hours to spend going
to go with the departments and spend time in dispatch, it's a very worthwhile experience. So
thank you to sergeant man and the dispatch team. So anyone else things to discuss? Okay.
with that, the town council will recess into closed session in compliance with section
551.001 of the texas government code, as authorized by the texas open meetings act to
deliberate regarding the following. Section 551.0872 discussing. Consider economic
development incentives and all matters related thereto. Section 551.072 to discuss and
consider the purchase, exchange, lease or value of real property for municipal purposes, all
matters related thereto. Section 551.074 to discuss and consider personnel matters and
all matters incident related thereto. Section 551.089 to deliberate security information
collected, assembled or maintained by or for government entity to prevent, detect or investigate criminal activity pursuant to section 2059.055 of the texas government code, all
matters incident related thereto. Section 551.074 to discuss appointments to the
board of adjustments. Correct. Construction board of appeals, the parks and rec board, library board p-edc board, the planning and zoning commission, the community engagement
committee in the downtown advisory committee, and all that matters and incident related thereto. Section 551.071 consultation with the town attorney to discuss legal
issues associated with any work session or council meeting. Agenda item. The time now is
728 I need a quattro. Here we go. Quattro. Time now is 842 and we are back in regular
session. Mayor pro tem bartley, do we have any actions to take as a result of the closed session? No, thank you very much. Do we have a motion to adjourn? Motion to adjourn.
motion to adjourn. By amy bartley, seconded by cameron reeves. By. And then. All in
favor? Motion passes