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06.27.23Welcome to the June 27, 2023, Prosper Town Council Meeting Call to Order/Roll Call Invocation, Pledge of Allegiance, and Pledge to the Texas Flag Pledge to the Texas Flag Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. Announcements Presentations Agenda Item 1. Receive an update regarding the road construction project located at First Street and Coit Road. (MC) First Street Coit to Custer June 27, 2023 First Street - Overview •Sinacola is honored & proud to be the selected contractor to partner with the Town to construct this project. •2 miles of road, bridge, underground storm, sewer, water, & landscape/hardscape construction improvements from Coit to Custer Rd. converting an existing 2 lane road to 4 lane road. •Sinacola was asked to deliver 2 lanes of new concrete pavement (1 lane east bound & 1 lane westbound) by August 8th to the Town to help mitigate traffic congestion with the accelerated opening of the new PISD High School. 8 9 First Street – Video Clip First Street – Construction Challenges •Existing Franchise Utility Conflicts & Coordination throughout construction •Design changes to accommodate adjacent TXDOT project on Custer Rd. •Sewer & Water redesign at bridge •Inclement Weather First Street – Total Project Progress Update •Underground Work •75 % Complete •Earthwork •60% Complete •Stabilization •45% Complete •Concrete Paving •40% Complete •Bridge & Wall Construction •50% Complete First Street – Countdown to August 8th •Complete the Intersection at Coit & First Street •Complete the bridge construction so 1 bridge is fully constructed for traffic switch •Tie in the gaps of concrete paving from Townlake Blvd. to Southerland •Install the required traffic control devices & open to traffic Agenda Item 2. Receive an update on Parks and Recreation projects. (DB) Raymond Community Park Development Update Dunaway Team will submit 50% design development June 30 •100% design scheduled to be completed end of Summer 2023 Dean Construction (CMAR) in process of developing GMP cost estimates •Will begin the bidding process Fall 2023 •Geotech has been completed •No utilities have been identified for relocation Construction expected to begin January / February 2024 and be complete Fall / Winter 2025 Lakewood Preserve Development Update Public / Private Partnership has caused construction delay Project is being publicly bid now (CSP) with bid opening scheduled for July 18, 2023 • Will be evaluated by Town and Hines representatives Hines and GC will execute a construction agreement after bid award Once construction starts, pay apps will be reviewed and approved by Town Town will participate in regularly scheduled construction progress meetings and site visits Construction expected to begin Summer 2023 and be complete Fall 2024 Pecan Grove Park Update Project is 95% complete Irrigation pump failure is delaying landscape installation •Pump maintenance and repair is responsibility of HOA per agreement with Town •Town is moving forward on pump repair to expedite project completion •Town will seek reimbursement from HOA for repairs Change Order for wall failure and fence repair has been approved. Parks and Recreation Department Accreditation Background •National Recreation and Park Association’s Commission for Accreditation of Park and Recreation Agencies (CAPRA) •Only national accreditation of park and recreation organizations •Build comprehensive management system of operational best practices •Multi-Year submittal process •Re-accreditation required every five years •193 currently accredited parks and recreation agencies in the nation (22 in Texas) •Local agencies include Dallas, DeSoto, Rowlett, Plano, Lancaster, Grapevine, Grand Prairie, Frisco, Coppell, Allen, and Arlington Parks and Recreation Department Accreditation Criteria •Based on compliance with 151 standards •Comply with all 37 Fundamental Standards •Comply with 106 of 118 Non-Fundamental Standards •Per CRT, Town complies with all 37 fundamental and 117 non-fundamental standards •Standards Categories include Agency Authority, Planning, Organization and Administration, Human Resources, Financial Management, Programs and Service Management, Facility and Land Use Management, Public Safety, Law Enforcement, and Security, Risk Management, Evaluation, Assessment, and Research Parks and Recreation Department Accreditation Timeline •Dudley Raymond tasked with seeking accreditation in late 2019 / early 2020 •Hired Barbara Cottone to manage the accreditation process in January 2020 •Applied for accreditation March 2021 •Process delayed with Dudley’s passing in October 2021 – granted an extension by NRPA •Staff reconvene and continue process in February 2022 Parks and Recreation Department Accreditation Timeline •Staff submit self assessment report March 2023 •CAPRA Review Team perform site visit and interviews with multiple Town Departments and staff May 2023 •CAPRA Review Team recommends Town of Prosper for accreditation May 2023 •Town Staff to participate in the Commission’s review and decision hearing October 2023 at NRPA Annual Conference in Dallas, Texas Consent Agenda Agenda Item 3. Consider and act upon the minutes from the June 13, 2023, Town Council Work Session meeting. (MLS) Agenda Item 4. Consider and act upon the minutes from the June 13, 2023, Town Council Regular meeting. (MLS) Agenda Item 5. Consider acceptance of the October, November, and December 2022 monthly financial reports and quarterly financial summary. (CL) Agenda Item 6. Consider adoption of a resolution directing publication of Notice of Intention to issue Certificates of Obligation for the purpose of funding costs associated with the construction of water, wastewater, and street improvements in the Town. (CL) Agenda Item 7. Consider and act upon approving the purchase of miscellaneous water and wastewater materials from Fortiline Waterworks, utilizing NCPA Contract Number 02-76; and authorizing the Town Manager to execute documents for the same. (FJ) Agenda Item 8. Consider and act upon authorizing the Town Manager to execute Relocation Agreement – D9-2 Gee Road Crossing, between Atmos Energy Corporation, and the Town of Prosper, Texas related to the relocation and lowering of approximately 650 linear feet of 6” Steel Gas Pipeline Crossing Gee Road. (HW) Agenda Item 9. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Kimley-Horn and Associates, Inc., and the Town of Prosper, Texas, related to the design of the Gee Road (US 380 – FM 1385) – 2 Northbound Lanes Project. (HW) Agenda Item 10. Consider and act upon authorizing the Town Manager to execute an Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Prosper, Texas, related to the engineering, right-of-way acquisition, utility relocations, inspections, and construction of Gee Road (FM 1385) as a six-lane divided urban roadway between US 380 and FM 1385. (HW) Agenda Item 11. Conduct a public hearing and consider and act upon a request for a Specific Use Permit (SUP) for a new Wireless Communications and Support Structure, on .1± acre, located on the south side of Frontier Parkway, west of Talon Lane. (ZONE-23-0008) (DS) Agenda Item 12. Conduct a public hearing and consider and act upon a request to rezone 0.3± acres from Single Family-15 (SF-15) to Downtown Retail (DTR), on Lots 3-5, located south of Fifth Street and East of Main Street. (ZONE-23-0001) (DS) Agenda Item 13. Consider and act upon an ordinance to rezone 5.7± acres from Office (O) 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) Agenda Item 14. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Prosper Premier Hotel LLC and the Town of Prosper, related to the Prosper Center Development, located on the west side of Mahard Parkway, south of Prairie Drive, specifically to allow for a limited-service hotel. (DEVAGRE-23-0010) (DS) Agenda Item 15. 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 any Preliminary Site Plans and Site Plans including Ladera Phase 2, Richland Parkway Retail Development, Frontier Retail, Toyota Expansion, PISD High School, and One Community Church. (DS) Citizen 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 this agenda. 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. 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 opened. Agenda Item 16. Consider authorizing the Town Manager to enter into a contract with Republic Services including purchase and distribution of carts for the period February 1, 2024 ending January 31, 2031 with an option of three, one-year renewals, declaring an exclusive franchise in the Town for all solid waste services which include residential, commercial, industrial and construction disposal as allowed by state law and to provide for transition services by either its current provider, Republic or both in the intervening period until February 1, 2024. (RBS) Town of Prosper Solid Waste RFP Award Presentation to Town Council June 27, 2023 Background-Solid Waste Request for Proposal •Current Contract has an initial five-year term expiring 01/31/2024 •Solid Waste consultant Burns & McDonnell was hired to write RFP and perform initial evaluation of responses, staff to perform final evaluation •RFP released February 8th with a March 21st submission deadline. •Six proposals received with two determined to be non -responsive Consultant evaluated all proposals and provided both analysis and follow – up questions •Remaining four proposals were evaluated by selection committee. •Of the four the second lowest bid and highest bid ranked lowest •Second lowest had no North Texas Municipal clients exceeding 10,000 population and would have to acquire a staging yard and all equipment for the contract making the likelihood of a successful start by 02/01/2024 unlikely Goals and Structure of the RFP •Based on council feedback and a citizen survey, the RFP kept residential service levels basically the same •The one service enhancement was to offer “at your door” Household Hazardous Waste pickup (HHW) such as paints, chemicals, batteries, consumer electronics as often as monthly •Current service is to offer a coupon for one time per year drop off at the HHW site in Frisco •Contract would create an “exclusive franchise” for all commercial waste and recycling •While the services are contracted directly from the SW contractor and billed to the commercial customer with no Town involvement, there are significant implications to this approach: Goals and Structure of the RFP •It makes the contract much more attractive to the SW providers typically resulting in lower cost and better service to the residents •It creates a more efficient arrangement: •Only one contractor’s trucks are using the Town’s streets reducing both wear and tear on streets and traffic volumes and improving aesthetics (assuming most residents don’t want to see garbage trucks everywhere). •Contractor does not have to sell the business and their trucks spend more time picking up vs. driving due to the concentration of customers. •It is not as liked by commercial customers: •The big chain stores often have nation-wide contracts and often find the exclusive pricing more expensive. •It reduces options for all customers which is especially irritating if service is not good. Goals and Structure of the RFP •Goals for the RFP include: •Keep rates as close to their current level as possible while still creating a high possibility of accomplishing other goals •The residential solid waste rates should be self-supporting •Currently substantial costs including the HHW coupons, labor for Saturday drop off, overhead costs for administration and customer service time, are all borne by the Utility Fund. •Improve the quality and dependability of both commercial and residential service •Improve contract remedies for poor service •Increase contract monitoring and contract compliance Evaluation Team •Evaluation Team consists of: •Jay Carter, Purchasing Manager (non-voting) •Chris Landrum, Finance Director •Norma Perez, UB Supervisor •Marsa Wages, UB Supervisor •Tristan Cisco, Environmental Education Coordinator •Devon Jett, Community Engagement Specialist •Todd Rice, Communications Manager •Bob Scott, Deputy Town Manager BAFO Instructions •Following site visits and interviews, both finalists were visited with individually to explain the weaknesses in their proposal and to be given an opportunity to address those weaknesses in the form of a Best and Final Offer (BAFO) •CWD-It was explained that while residential rates were very low, the commercial rates were the highest of all proposers and included an increase from current levels. The Town was concerned about increasing commercial when those rates already appear high. •CWD had expressed concern in their proposal regarding liquidated damages. It was explained that the Town was committed to strong liquidated damages but was willing to consider minor changes. •Republic-It was explained that while commercial rates were low and represented a decrease from current levels, with the need to finance carts and the inclusion of an administrative fee their proposal will represent a substantial increase in residential rates from current levels. Staff Recommendation •Both finalists are qualified and submitted competitive proposals. •Staff recommends Republic Services for the following reasons: •After BAFOs from both finalists, total estimated contract values were within 1% of each other making factors other than price more of a consideration. •CWD pledged the same number of trucks to the account as they currently have and requested significant modifications to the proposed liquidated damages. •Republic pledged three additional trucks and substantially agreed to proposed liquidated damages providing the Town greater remedies in the event of service lapses. Likely Residential Rate Scenario •Attached is based Republic BAFO offer: Republic Trash $9.15 Recycling 4.00 Yard Waste and Bundled Brush 1.25 Monthly Bulk 0.75 At Your Door Household Hazardous Waste (1X per year)0.60 Proposed Rate-Current Service levels + HHW $15.75 Cart financing 2.00 Administrative Fee to cover full cost of SW 0.80 Total Monthly Residential Rate $18.55* *Current residential rates are $17.42 and under current contract would likely be about $18.27 (5% inflation) effective February 1, 2024. Average commercial rates will be less and no longer have enclosure fees. Benchmarking of Area Cities •Taken from each city’s website. Does not account for differences in service levels •Average $19.61, Median $18.68 Flower Mound Allen Prosper McKinney Little Elm Anna Keller Grapevine Southlake $14.87 17.09 17.42 17.92 18.03 18.21 18.24 18.29 18.68 Coppell Colleyville Plano Celina Frisco Fairview Carrollton Garland Highland Park $18.77 19.48 19.60 19.95 21.00 21.47 22.25 23.58 28.20 Agenda Item 17. Conduct a public hearing and consider and act upon a request to rezone 69.9± acres from Agriculture (A), a portion of Planned Development-40 (PD-40), and a portion of Single Family-12.5 (SF-12.5) to Planned Development-Single Family (PD-SF), generally to allow for a residential development and retirement housing development, located on the southeast corner of Prosper Trail and Teel Parkway. (Z21-0010) (DS) New Planned Development: •Gross acreage: 73.4ac •Floodplain 10ac •ROW dedication 4.8ac •Proposed sqft: minimum 10,000sqft •Density: Maximum 2.32 lots per acre •Maximum lots 170 Applicant Presentation PROSPER HILLS PARK PLACE FUTURE TOWN PARK STAR TRAIL PH 10-18MIN. LOT SIZE: 12,500 DENSITY: 2.1 DU/AC 51.5 AC MIN. LOT SIZE: 10,000 DENSITY: 2.3 DU/AC WINDSONG RANCH PH 5D MIN. LOT SIZE: 9,000 DENSITY: 3.59 DU/AC AVG LOT SIZE: 8,439 DENSITY: 3.59 DU/AC WINDSONG RANCH PH 6A AVG LOT SIZE: 7,594 DENSITY: 2.43 DU/AC AVG LOT SIZE: 9,197 DENSITY: 2.43 DU/AC WINDSONG RANCH PH 8 & 10 0 100 200 400 Scale: 1”=200’ JUNE 27TH, 2023 THE INFORMATION SHOWN IS BASED ON THE BEST INFORMATION AVAILABLE AND IS SUBJECT TO CHANGE WITHOUT NOTICE N PROSPER HILLS PROSPER, TX OVERALL SITE PLAN EXHIBIT AVG LOT SIZE: 8,645 DENSITY: 3.55 DU/AC ARTESIA NORTH PH2 (MUD) MIN. LOT SIZE: 5,750 DENSITY: 4.29 DU/AC DENSITY: 20+ DU/AC PROSPER ELMS APTS WINDSONG RANCH PH 9 COMMUNITY PARK INTERNAL TRAIL INTERNAL TRAIL 10’ HIKE & BIKE TRAIL 10’ HIKE & BIKE TRAIL trail entrance neighborhood gateway stone texture trails to promote a healthy lifestyle connected neighborhood to spark a sense of community nature driven to create peaceful moments PROSPER HILLS PROSPER, TX EXHIBIT E - CONCEPT PLAN WINDSONG PKWY 73.4 AC ZONING: AG LAND USE: VACANT FUTURE LAND USE: MED. DENSITY RESIDENTIAL TRACT1 APPROXIMATE LOCATION OF EXISTING FEMA FLOODPLAIN W E S T P R O S P E R T R A I L N O R T H T E E L P K W Y 0 50 100 200 Scale: 1”=100’ N TRACT 1 ±73.4AC (±2.3 DU/AC) SINGLE FAMILY RESIDENTIAL COMMUNITY GROSS SITE ACREAGE ±73.4 AC ROW DEDICATION ±4.8 AC FLOODPLAIN ±10 AC 80’ x 125’ TYP. LOT - MINIMUM AREA 10,000’ SF PROPOSED OPEN SPACE ROW DEDICATION (PROSPER TRAIL & TEEL PKWY) 10’ HIKE & BIKE TRAIL INTERNAL TRAIL L A N D U S E D A T A T O T A L S DIVIDED/FULL MEDIAN BREAK ENTRY ACCESS NOTE: NO GATE BETWEEN ‘PROSPER HILLS’ AND ‘PARK PLACE’ FLOODPLAIN NOTE: THE 100 YEAR FULLY DEVELOPED FLOODPLAIN LIMITS WILL BE STUDIED AFTER ZONING APPROVAL. NO DEVELOPMENT ACTIVITY WILL EXIST WITHIN THE CONFINES OF THE 100 YEAR FULLY DEVELOPED FLOODPLAIN. INTERNAL TRAIL COMMUNITY PARK INTERNAL TRAIL JUNE 27TH, 2023 THE INFORMATION SHOWN IS BASED ON THE BEST INFORMATION AVAILABLE AND IS SUBJECT TO CHANGE WITHOUT NOTICE 10’ HIKE & BIKE TRAIL OPEN SPACE 10’ HIKE & BIKE TRAIL TRAIL CONNECTION PROSPER HILLS PROSPER, TX COMMUNITY PARK PLAN ENLARGEMENT 0 20 40 80 Scale: 1”= 20’ N TENNIS/PICKLE BALL TURF ACTIVITY LAWN PAVILION-SHADED GATHERING SPACE FENCED DOG PARK BOSQUE-SHADED PICNIC SEATING SHADED SEATING NOOKS EXISTING TREES TOT LOT PEDESTRIAN TRAIL PEDESTRIAN TRAIL JUNE 27TH, 2023 THE INFORMATION SHOWN IS BASED ON THE BEST INFORMATION AVAILABLE AND IS SUBJECT TO CHANGE WITHOUT NOTICE park pavilion park pavilion neighborhood park - irvine, california dog park playground community seating Agenda Item 18. Conduct a public hearing and consider and act upon a request for a Specific Use Permit (SUP) for a new Wireless Communications and Support Structure, on .1± acre, located on the south side of Prosper Trail, west of Preston Country Lane. (ZONE-22-0001) (DS) The Zoning Ordinance contains the following four (4) criteria to be considered in determining the validity of a SUP request. 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses? 2. Are the activities requested by the applicant normally associated with the requested use? 3. Is the nature of the use reasonable? 4. Has any impact on the surrounding area been mitigated? Agenda Item 19. Consider and act upon an ordinance establishing a Homestead Tax Exemption. (CL) Homestead Exemption Eligibility •Applies to residential property where the taxpayer owns and occupies the property as their principal place of residence •Residence Homestead Exemption Application submitted to Central Appraisal District by April 30 of the year for which the exemption is requested. •Collincad.org – Collin County Residents •Dentoncad.com – Denton County Residents Homestead Exemption Consideration •This optional homestead exemption cannot be less than $5,000 or greater than twenty percent of the qualifying property’s assessed value. - 20% ($5,000 min.) •Current exemption - 12.5% ($5,000 min.) •Finance Subcommittee recommended increase to 15% ($5,000 min.) •Total homestead savings of $770,697 combined, average savings per homestead property owner is $87.90 •Effective for property taxes due in 2024 if submitted by July 1 Homestead Exemption History Fiscal Year Homestead Exemption Rate 2024 Proposed 15.0% ($5,000 min.) 2023 12.5% ($5,000 min.) 2022 10.0% ($5,000 min.) 2021 10.0% ($5,000 min.) 2020 10.0% ($5,000 min.) 2019 10.0% ($5,000 min.) 2018 10.0% ($5,000 min.) 2017 7.5% ($5,000 min.) Agenda Item 20. Consider all matters incident and related to the issuance and sale of "Town of Prosper, Texas, General Obligation Refunding and Improvement Bonds, Series 2023", including the adoption of an ordinance authorizing the issuance of such bonds and establishing procedures and delegating authority for the sale and delivery of such bonds. (CL) Agenda Item 21. Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas, declaring the public necessity to acquire certain properties for right-of-way, temporary construction easements, drainage easements, and water easement for the construction of the Legacy (Prairie – Fishtrap) – 4 lanes 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) Agenda Item 22. Discuss and consider Town Council Subcommittee reports. (DFB) Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Executive Session 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. The Town Council will reconvene after Executive Session. Reconvene into Regular Session and take any action necessary as a result of the Closed Session. Adjourn