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09.26.23Welcome to the September 26, 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. Presentation of a Proclamation to members of the Prosper Police and Fire Departments declaring October 3, 2023, as National Night Out. (MLS) Agenda Item 2. Presentation of a Proclamation to members of the Prosper Fire Rescue declaring the month of October 2023 as Fire Prevention month. (MLS) Agenda Item 3. Presentation of a Proclamation declaring the month of October 2023 as National Breast Cancer Awareness month. (MLS) Consent Agenda Agenda Item 4. Consider and act upon the minutes from the September 12, 2023, Town Council Work Session meeting. (MLS) Agenda Item 5. Consider and act upon the minutes from the September 12, 2023, Town Council Regular meeting. (MLS) Agenda Item 6. Consider acceptance of the July 2023 monthly financial report. (CL) Agenda Item 7. Consider and act upon purchasing a sanitary sewer easement at 302 N Parvin Street from property owner, David Maya; and authorize the Town Manager to execute documents for same. (FJ) Agenda Item 8. Consider and act upon an amendment to the contract of the Interlocal Agreement for Facility Construction and use of an Animal Shelter in Collin County for the 2024 fiscal year. (DH) Agenda Item 9. Consider and act upon approving a Services Agreement with Gray Reed Advisory Services, LLC, d/b/a GRPR, for Strategic Communications Planning and Crisis Communications Services, and authorize the Town Manager to execute the same. (RB) Agenda Item 10. Consider and act upon an ordinance to rezone 73.4± 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, located on the southeast corner of Prosper Trail and Teel Parkway. (Z21-0010) (DH) Agenda Item 11. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Prosper 100 LP, Prosper Hills LLC, and the Town of Prosper relative to Prosper Hills, as described in Planned Development-123 (PD- 123). (DEVAGREE-23-0012) (DH) Agenda Item 12. Consider and act upon authorizing the Town Manager to execute a Water Impact Fees Reimbursement Agreement between PPP 100 DEV LLC, Prosper Hills LP, Prosper Meadows LP, and the Town of Prosper, Texas, related to the extension of water lines to serve the Park Place, Prosper Hills, and Prosper Meadows developments. (HW) Water System CIP: 1 of 2 Water System CIP: 2 of 2 Agenda Item 13. Consider and act upon authorizing the Town Manager to execute a Thoroughfare Impact Fees Reimbursement Agreement between PPP 100 DEV LLC, Prosper Hills LP, Prosper Meadows LP, and the Town of Prosper, Texas, related to the construction of Teel Parkway, Prosper Trail, and Legacy Drive to serve the Park Place, Prosper Hills, and Prosper Meadows developments. (HW) Agenda Item 14. Consider and act upon authorizing the Town Manager to execute a Wastewater Impact Fees Reimbursement Agreement between PPP 100 DEV LLC, Prosper Hills LP, and the Town of Prosper, Texas, related to the extension of a wastewater line to serve the Park Place and Prosper Hills developments. (HW) Wastewater System CIP Agenda Item 15. Consider and act upon authorizing the Mayor to execute an Amendment to Ultimate Boundary Line Agreement between the City of McKinney, Texas, and the Town of Prosper, Texas, related to the maintenance of improvements along Christie Farms Boulevard in the City of McKinney to serve the Christie Farms development. (HW) Agenda Item 16. Consider and act upon an ordinance amending the Town’s Subdivision Ordinance by amending Subpart (1) of Section (D), “Plat Required,” of Section 10.03.004, “Applicability,” to Comply with Revised Language contained in House Bill No. 3699; amending Subsection (B) of Section 10.03.034, “Director of Development Services,” relative to Authorizing the Director of Development Services to Approve or Deny Plats; amending Section 10.03.063, “30-day Time Frame for Plat Approvals,” to Reflect that the Right to 30-day Action for Plat Applications Begins on the Filing Date and One or More 30-day Extensions shall be authorized; adding a Definition of “Filing Date,” amending the Definitions of “Approval” and “Plat,” and repealing the definitions of “Administratively Complete” and “Official Submission Date,” contained in Section 10.03.192, “Words and Terms Defined”; providing that the phrase “Official Submission Date” shall be replaced with the phrase "Filing Date” in Sections 10.03.084(f)(2) and 10.03.085(h)(2). (TW) Subdivision Ordinance Amendment Amending the Town’s Subdivision Ordinance to be in conformance with House Bill 3699 Filing Date (State Definition) •Date that plat is submitted to Town with completed application and fees. 1.If submittal not reviewed in a timely manner (30 days), administrative approval or denial is allowed. (Applicant can appeal to P&Z or Council if denied.) Language in Ordinance •Definition of “filing date” being amended to match State’s definition. 1.This date will now trigger 30-day action period. 2.Town and Applicant can mutually request extension of 30 -day action period. •Definitions of “Filing Date”, “Approval”, and “Plat” being added or amended. •Definitions of “Administratively Complete” and “Official Submission Date” are repealed. Agenda Item 17. Conduct a public hearing to consider an ordinance Amending Chapter 1, “General Provisions, Administration and Procedures,” of the Town’s Zoning Ordinance, by Amending Subpart (E) of Subsection 7.11 , “Amortization of Nonconforming Uses or Structures,” of Section 7, “Nonconforming Uses and Structures,” by Providing for Amortization Procedures consistent with Senate Bill 929, and Subpart (A), “Zoning Changes,” of Subsection 8.2, “Public Hearing and Notice,” of Section 8, “Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures,” by Providing for Notices relative to a Change in a Zoning Regulation that Could Result in a Nonconforming Use, Consistent with Senate Bill 929. (TW) Zoning Ordinance Amendment Amending the Town’s Subdivision Ordinance to be in conformance with Senate Bill 929 Amortization of Nonconforming Uses (Municipality Initiated) •ZBA used to determine time it took for owner to recoup investment in property. 1.Owner must receive fair market value of the use as well as a “wind down” time prior to ceasing the nonconforming use of the property. Written Notice •The Town will provide written notice of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed. 1.“THE TOWN OF PROSPER IS HOLDING A HEARING THAT WILL DETERMINE WHETEHR YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY.” Agenda Item 18. 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 Site Plans including Prosper Business Park. (DH) Citizen Comments © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. Gee Road & Acacia Parkway Crossing Laura Rauba Prosper Town Council Meeting 9/26/23 © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. Current Status/Background -Over 100 homes in the Crosswater section of Windsong Ranch. -Crossing the intersection of Gee & Acacia is the only way for Crosswater residents to get to our neighborhood schools, the Windsong amenities we pay an HOA fee for, or to anything outside of our section of homes. -It is also the way the main section of Windsong accesses Gee/423. -Entering and exiting is currently extremely unsafe whether in a car, golf cart, bike or on foot. -This is due to increased traffic, the curve of Gee Road, high speeds (45 MPH speed limit, though many cars going faster), distracted driving habits, and drivers blatantly ignoring crosswalk markings. © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. •In recent months, we’ve engaged Mayor Bristol, Prosper PD, Prosper Engineering, Windsong HOA and Tellus Group to find a solution before Gee opens to 4 lanes this spring and eventually 6 lanes by 2026. •Our goal is a 4-way traffic light. •A 4-way traffic light is the only solution that provides a safe method of crossing for pedestrians, bikes, golf carts and vehicles. •While the HAWK signal presented at the Windsong meeting last week might have some impact short-term, it is not a long-term solution when Gee is 6 lanes and does nothing to help vehicle accidents at this intersection. •A lower speed limit would also be beneficial. Current Status/Background Here is the view from the vehicle circled in blue facing West on Acacia. This is me trying to turn left onto Gee to get home from the pool at 6:41PM in July. Curve of Gee road facing West. Car circled in blue is blind to oncoming traffic Southbound on Gee. You have to dart out, hoping that there is a break in traffic while cars are going 45MPH+ around a bend © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. 3 Questions: HOW? WHO? WHAT? © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. HOW? •Based on a traffic study in May 22, the intersection did not meet the criteria for a stoplight – HOW is that possible? •Anyone who’s stood at the intersection sees the issue and agrees that it is dangerous to cross. •Standing in this same spot with the Mayor, Prosper Engineering and 30+ residents at our meeting on Saturday, 9/16, cars continued to fly past us, not stopping for pedestrians to cross safely even with a large group gathered. •This is a video of my family walking home from The Commons on a Saturday morning, when traffic is as light as it gets. My 5 year old son pushes the crosswalk signal and we still have to play Frogger to cross. •This is sadly also teaching our kids that cars don’t respect pedestrians which ultimately leads to us driving everywhere versus being active in the community. © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. HOW? •The traffic study cited 3 crashes since 2019. •It also references a “school crosswalk” which is anything but effective as you just saw in the video. •The examples here make you wonder if that portion of the traffic study is incorrect, what else is incorrect in the study? •We are beholden to this traffic study as the reason for no light. © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. HOW? These are 17 examples I pulled from simple searches of the word “accident” or “crash” on Gee. These are just 17 examples of people went out of their way to post on Facebook groups. There are likely many more. The traffic study cites 3 accidents since 2019. And the traffic study is the reason we don’t have a light. © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. WHO? •WHO is benefitting from not having a stoplight here? •WHO owns and maintains Gee road? •WHO has ultimate responsibility for this road? •We feel we are subsidizing Aubrey’s growth while paying Prosper property taxes. •Are we prioritizing finances over life safety? •It’s clear WHO is paying the price – it’s the residents of Crosswater, and all of Windsong really, which unfortunately includes hundreds of Prosper’s kids. © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. WHAT? •The only thing left to ask is WHAT will have to happen to make a change? The second most recent accident on 9/13/23 was the scariest. •The next accident could be a child on a bike, just wanting to ride to school like their friends in the rest of the neighborhood do. Or a family on a golf cart, coming home from enjoying the Windsong lagoon. •It could be my family, or another Crosswater family, and the reason I am up here today is I can’t live with myself without doing everything I can to prevent these pictures from becoming one of us who live it daily, vocalized we were scared, and nothing was done by the city of Prosper. •We are ready to go to any lengths of local or Texas State Government to make a change. We can’t keep relying on a traffic study that clearly is not capturing the reality of living in this chaos. © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. Back to the 3, now 4 Questions: HOW? We are not going to rely on an outdated, incorrect traffic study to make decisions regarding life safety. WHO? Town Council, partnered with the residents of Crosswater and all of Windsong. WHAT? The solution is a four-way traffic light. Period. and WHEN? The time is now. Today I’m asking for a commitment to reconsider, separate from a traffic study, based on the evidence provided this evening, installing a 4-way traffic light before the 4 lanes of Gee open. We can’t wait for another traffic study to be completed in Spring 2024. Something tragic can happen before then. 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 19. Conduct a public hearing and consider and act upon a request to rezone 0.2± acres from Single Family-15 (SF-15) to Downtown Retail (DTR), for Mitchell Addition, Block 3, Lot 3D, located on the southwest corner of West Seventh Street and North Coleman Road. (ZONE-23-0016) (DH) 5 Rezoning Request Proposal •Demolish existing mobile home and construct commercial building with office and retail uses. DTO v. DTR •Downtown Retail provides a more encompassing zoning because it allows for both office and retail uses while Downtown Office only allows for office uses. Relevant Factors Surrounding Area •Properties further south on Coleman Road have DTR zoning. Downtown Master Plan •The Downtown Master Plan recommends “niche” retail at the northern end of Coleman Road. Niche retail, specialized products and services, gives the downtown area character and makes it a destination. Agenda Item 20. Consider and act upon a resolution establishing loan terms between the Utility Fund and the Solid Waste Fund for financing the purchase of solid waste and recycling carts. (RBS) PROOF APPROVAL - Part # 431 9.50” 9.00” Signature / Date Central Decal Company 6901 High Grove Blvd Burr Ridge, IL 60527 www.centraldecal.com job# 233235 customer Schaefer Systems filename SSI1197.x9 attn account mgr Erin Kaplan quality control Tom Casey proofed by Rob Swaim operator BS revision created 08/24/23 rev date Primer CMYK PRINTED COLORS Clear LABEL SIZE 9.50” x 9.00” CONSTRUCTION 10 mil Clear Anti-static PP Blend SPECIAL INSTRUCTIONS PROOF APPROVAL - Part # 431 Please mark up any changes. Your approval indicates your complete acceptance of the decal produced PLEASE sign & email or fax 630-325-9860 - NOTE: Delivery date is contingent upon our receipt Approved Approved with changes/corrections Resubmit PART DESCRIPTION White Orange 715 Dk Blue 2955 Note: Colors on this paper proof are not accurate. For color approval please see your color swatch or digitally printed proof 431 AUG23 Signature / Date Central Decal Company 6901 High Grove Blvd Burr Ridge, IL 60527 www.centraldecal.com job# 233587 customer SCHAEFER filename SSI1201.x5 attn account mgr Butch Kaplan quality control Tom Casey proofed by Rob Swaim operator KG revision created 9/14/23 rev date 9/20/23 RED 485 PRINTED COLORS PRIMER WHITE CLEAR 9.50” x 4.50” CONSTRUCTION 10MIL CL ANTISTAT PP SPECIAL INSTRUCTIONS None PROOF APPROVAL - Part #: 435 Please mark up any changes. Your approval indicates your complete acceptance of the decal produced PLEASE sign & email or fax 630-325-9860 - NOTE: Delivery date is contingent upon our receipt Approved Approved with changes/corrections Resubmit PART DESCRIPTION TOWN OF PROSPER TRASH COOL GREEN BLUE 2955 LABEL SIZE GRAY 10 7490 9.5" 4.5" 435 SEPT23 BLUE 646 Agenda Item 21. Receive an update on the Lakewood Preserve Park project. (DB) Funding •Project funding of $4,995,000 is comprised of 2020 Bond dollars, tree mitigation fees, park improvement/development fees, and General Fund dollars. •PASO Donation of $500,000 covering restroom expense •Hines (developer) will be managing the project, covering the park design costs, and platting expenses in lieu of payment of park fees. The Town has entered into a Facilities Agreement with Hines that defines their responsibilities for overseeing development of the park. Scope Change •Pond Design Refinements •Removed Sand Volleyball Courts •Added four Pickleball Courts •Added Cricket Pitch •Added Restroom / Infrastructure Park Amenities •Pickleball Courts (4) •Cricket Pitch •Lighted Soccer Fields (3) •Playground Expansion (addition of 2-5 yr old equipment) •Basketball Court •Baseball Backstops •Restroom •Trails •Landscaping •Parking (76 spaces) Bidding / Negotiations •Initial Bid - $5,162,955 (did not include restroom or playground installation •Budget - $4,995,000 •Negotiated Price - $4,866,456 (includes restroom and playground installation - does not include 2-5 yr. old playground) •Playground Cost - $131,477 (encumbered prior to bidding) •Total Project Cost - $4,997,933 (PASO donation covering restroom & overage) Moving Forward •Need to execute Town Joinder •All base bid items including bid alternates of restroom building and 2-5 yr. old playground installation are included on this project. •Project will begin within 30 days of execution of construction agreement •Project construction estimated time frame of 14 months •The Town, Hines, and Ratliff Hardscape are in agreement regarding the future of this project and are committed to delivering a quality project. Agenda Item 22. Consider and act upon Contract Amendment #1 to a Professional Services Agreement with Dunaway Associates, LLC, for additional design services related to the development of Raymond Community Park. (DB) Contract amendment of $261,250 •Initial contract award of $1,091,600 •Amendment includes Additional Services •Final Plat •Addition of pickleball / tennis area amenities (shade structure, restroom, court lighting) •North playground design Project Recap •95% Plans currently under review by PARD •Bidding – early November 2023 •GMP – late November 2023 •Council approval of GMP – December 2023 •Construction begins – January / February 2024 •Project construction estimated time frame 15-16 months Project Budget Agenda Item 23. Consider and act upon approval of agreement with Nancy Lieberman Charities for the installation of a NLC Dream Court at Tanner's Mill Park. (DB) NLC Dream Court Program •National program began in 2010 •Basketball court overlay •Provides secure space that •Engages in play •Fosters social interactions •Cultivates the values of teamwork and sportsmanship •Develops positive relationships with local law enforcement •Enables heightened engagement in health and wellness activities Project Details •Shared cost between Town and NLC •$75,000 Town Share (funded in FY24 Budget) •Tanner’s Mill Park •Installation in late October •Kickoff Event in early November •Future programming opportunities for PPD and PARD programming Agenda Item 24. 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. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, the Community Engagement Committee, and Mayor’s appointees to the Town Council Subcommittees, 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