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11.28.23Welcome to the November 28, 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. Recognize Mike Howard with the Prosper Police Department. (DK) Agenda Item 2. Presentation to the Town of Prosper for the 2023 Award for Planning Excellence from the American Planning Association Texas Chapter. (DH) Wendy Shabay Bonneau, FAICP Credentials 1.Award-winning urban planner with over 20+ years of experience in planning, architecture, and urban design. 2.Active member of the American Planning Association and serves the APA National Board as Director of Region III. 3.Held multiple leadership positions at the state and local level of APA including Chairwoman of the Northeast Leadership Forum and founder of the Emerging Young Leaders Group. Richard R. Lillie, FAICP Planning Excellence Recognition Program Evaluation Criteria 1.Level of training of Planning Commissioners and professional staff. 2.Professional qualifications of the planning staff. 3.Breadth and currency of master plan components and completion of other planning related projects. Richard R. Lillie, FAICP Planning Excellence Recognition Program Cont. Program Goals 1.Increase community awareness of the importance of planning. 2.Recognize planning departments which meet certain professional requirements. 3.Recognize planning efforts that have achieved community support. 4.Encourage funding of professional training for Planning Commissioners and staff. 5.Aid economic development and community image. Consent Agenda Agenda Item 3. Consider and act upon the minutes from the November 14, 2023, Town Council Work Session meeting. (MLS) Agenda Item 4. Consider and act upon the minutes from the November 14, 2023, Town Council Regular meeting. (MLS) Agenda Item 5. Consider acceptance of the October 2023 monthly financial report. (CL) Agenda Item 6. Consider and act upon a resolution suspending the September 1, 2023, effective date of a rate request from CoServ Gas Ltd, for the maximum period allowed by law. (TW) Agenda Item 7. Consider and act upon the approval of the purchase of a Forensics X7 Scanning System through the DIR-CPO-4504; and authorizing the Town Manager to execute documents for the same. (DK) Agenda Item 8. Consider and act upon authorizing the Town Manager to execute a Service Agreement between Flock Group Inc. and the Town of Prosper, Texas, related to the purchase of additional products and services. (DK) Agenda Item 9. Consider and act upon approval of the purchase of one (1) Pegasus S5493 Mower with accessories and authorize the Town Manager or his/her designee to execute documents related to the purchase. (DB) Agenda Item 10. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the County of Collin, Texas, and the Town of Prosper, Texas, related to the Coit Road Intersection Improvements project. (HW) Alternative Design: Deduct Bid Consideration Agenda Item 11. Consider and act upon approving Change Order No. 02 for CSP No. 2022-50-B to McMahon Contracting, LP, related to construction services for the Fishtrap (Teel - Gee Road) & Gee Road (Fishtrap - Windsong Retail) project; and authorizing the Town Manager to execute Change Order No. 02 for same. (HW) Agenda Item 12. Consider and act upon an ordinance amending Section 12.08.022, "Definitions," and repealing Section 12.08.003, “Unlawful Act/Exemptions,” with a new Section 12.08.003, "Approved and Prohibited Truck Routes; Exemptions,." of Article 12.08, “Truck Routes,” of Chapter 12, “Traffic,” of the Code of Ordinances. (HW) Agenda Item 13. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Blue Star Allen Land L.P., 701/709 Stadium Drive LLC, and the Town of Prosper, Texas, related to the construction of Safety Way. (HW) Agenda Item 14. Consider and act upon an ordinance to rezone for a Specific Use Permit (SUP) for a Drive-Thru Restaurant, on 1.5± acres, located south of West Frontier Parkway and east of North Dallas Parkway. (ZONE-23-0013) (DH) Agenda Item 15. Consider and act upon authorizing the Town Manager to execute a Development Agreement between DNT Frontier LP and the Town of Prosper relative to McDonald’s. (DH) Agenda Item 16. Consider and act upon an ordinance to rezone 0.3± acres from Single Family-15 (SF-15) to Downtown Single Family (DTSF), for Hillside Addition, Block 2, Lot 4, located north of East Fifth Street and west of North Church Street. (ZONE-23-0018) (DH) Agenda Item 17. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Christopher & Jennifer Richter and the Town of Prosper relative to 209 East Fifth Street. (DH) 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 Frontier South Retail 1, Gates of Prosper Park, St. Martin de Porres, and Lighthouse Church. (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 Update – Crash Data Laura Rauba Prosper Town Council Meeting 11/28/23 © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. Intro •My last presentation was largely the emotional side of why we need a 4-way stoplight at Gee & Acacia. •Today is more the data side, though I do have plenty of emotion still about the crosswalk situation as it is set up currently. •Thankfully, a lot of work by the Town of Prosper has gone into the future state of Gee & Acacia. •The current status, as I understand it, is we will be getting either a HAWK pedestrian crosswalk, OR, if we pass the traffic study that was conducted in mid- November, a 4-way stoplight will be installed. •The traffic study report is expected to be completed by Lee Engineering in late January 2024. © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. Warrant 7 – Crash Experience •While we wait on the vehicle volume results, which will make up the first 4 warrants, I would like to dive deeper into Warrant 7, which focuses on Crash Experience. •All data I’m presenting today is sourced from the Texas Department of Transportation Crash Records Information System (C.R.I.S.) •https://cris.dot.state.tx.us/public/Query/app/home •Per the 2022 traffic study by Lee Engineering, they use C.R.I.S. data in addition to the crash reports provided by the Town of Prosper Police Department, and C.R.I.S. was the sole source of data for the 2022 First St./Windsong Pkwy study - so it should be an accurate source and we would expect these crashes I’m about to review to be included in the forthcoming traffic study. •When the last Gee/Acacia traffic study was completed in May of 2022, three crashes had occurred at our intersection in the prior five years, so we did not meet Warrant 7’s criteria. © 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/Acacia Intersection •As of today, 19 crashes have occurred at that intersection since that last traffic study (5/11/22). 11 of them being in the last calendar year. •So basically one crash which has either resulted in injury, or property damage exceeding $1,000, which are the C.R.I.S. reporting criteria, is happening per month at the entrance to our section of Windsong. •As you’ll remember from last time, this is our only route to our schools, neighborhood amenities, grocery stores, jobs, etc… •It is also the only way in to Crosswater for emergency responders, should they be needed. •I wanted to review these today because I assume this data will all be included in Warrant 7 as part of the updated traffic study. © 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 •Gee Road is only a short distance, just the green highlight on the map to the right – about 0.70 of a mile. •At the bottom right you can see the steady increase in Gee Road accidents YOY, taken from the database. •So far in 2023, this short road is accounting for 8.2% of crashes in all of Prosper. •The 101 homes in Crosswater, circled in red, can’t enter or exit without crossing both lanes or turning left/right onto Gee Road. Even with an eventual median, we still will have to wait in the middle of the road, exposed to these crashes. •So we are less than 1% of Prosper’s population, exposed to 8.2% of crashes, meaning we are more than 8 times at risk of being in an accident in order to leave our homes, than an average Prosper resident. Year Gee Road Propser Gee Road as % of Prosper's Crashes 2018 9 308 2.9% 2019 7 378 1.9% 2020 17 410 4.1% 2021 19 481 4.0% 2022 26 500 5.2% 2023 (through Nov)29 353 8.2% © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. Windsong •Crosswater is the section of Windsong highlighted in yellow. •These are the crash totals from 2018 – 2023, shown in “cluster view” from the C.R.I.S. database. •The entrances to Crosswater along Gee Rd. account for 30 crashes, versus 15 at the Windsong Parkway/First Street intersection, which easily passed their 2022 traffic study and a 4-way traffic light was recently set up. •If you add in the 16 and 51 other crashes moving north to the intersection of First St. & Gee Rd., which would be our “longer route” through Windsong, there have been 97 total crashes. •But the intersection with 15 accidents in 6 years, that also already had a 4-way stop sign, just had a light installed. © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. Windsong •This is another view, the “heat map view,” from C.R.I.S. •Gee/Acacia is the dot circled in red, and again, the other two crash hot spots in Windsong, circled in blue, both have 4 way stop lights – Windsong Parkway/First and Teel/First. •It’s indisputable that crash activity is most robust along Gee Road, which unfortunately has mostly non-Windsong or Prosper residents driving along it. © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. Windsong •To the right is an even further zoomed out view of Windsong – Gee is a solid red line of a road, just like 380, while the rest of Windsong is green except where there are now 4-way stoplights •Gee Road experienced 29 crashes in 2023 and is 0.70 miles long – which equates to 41 crashes for every 1 mile of road •The 9.5 miles of 380 within Prosper’s boundaries had 85 crashes in 2023 – or 9 crashes for every 1 mile of road •So Gee Road had nearly 5X the number of crashes per mile as 380 in 2023. •Basically, Crosswater residents have to turn onto a road 5 times more dangerous than 380 to exit our neighborhood – without the assistance of 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. Pedestrians and The HAWK -Back to how this relates to what the Town of Prosper has already done which is commit to installing a HAWK, if we don’t pass the traffic study. -From the U.S. Federal Highway Administration, “the prime objective of a HAWK is to provide pedestrians with safe crossing opportunities,” and “high crash reductions…may not be achieved if the site has different characteristics, such as less pedestrian activity.” -Per the 2022 traffic study, “very few pedestrians cross Gee Road”. We’d like to, but most people are nervous and just end up driving. -My family had a very close call on Saturday Nov. 4th while we were crossing through the intersection, heading to the Windsong Fall Fest. Southbound traffic had stopped to let us cross, and a driver going north did not stop, coming within feet of hitting my oldest son – truly a heart-stopping moment for us as parents. -This was only days before the traffic study sensor and camera went up, otherwise it would have been footage worth turning into the police to try and find the reckless driver. My family is probably one of the few still trying to cross Gee in its current state, but even we are getting too scared after that incident. Source: https://www.fhwa.dot.gov/publications /research/safety/10045/ © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. Pedestrians and The HAWK -Thankfully, I couldn’t find evidence of one fatality to a pedestrian or bicyclist in Prosper’s history. -And again thankfully, none of the Gee/Acacia crashes in the C.R.I.S. database involved injuries to pedestrians. -But because we don’t have any pedestrian crashes in our history of data, installing a HAWK won’t have any statistical significance to measure it’s effectiveness over future years. -While the HAWK is a unique solution for pedestrians/bikes/golf carts – none of these 19 recent crashes involved those groups, which is who a HAWK is designed to help. -Unfortunately a HAWK might actually worsen vehicle accidents due to a lack of knowledge on the rules of the road related to them. And because most drivers on Gee don’t live in Windsong or Prosper, their care and concern is just realistically lower than people driving in their own neighborhood. -When the 4 lanes of Gee are open in Spring 2024, there should be less back-up of traffic. But cars will be able to move at higher speeds as well. -So that brings me to the solution that will have the largest effect at Gee & Acacia – a regular 4-way stoplight. © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. Closing •We are truly thankful that we live in a town that is taking our situation seriously. •And grateful these crashes haven’t involved pedestrians to this point. •But a HAWK pedestrian beacon is not what’s going to help this situation. •A 4-way traffic light will. •And based on the crash data presented tonight, I can’t imagine how we won’t meet at least Warrant 7 – Crash Data, of the new traffic study. •And from what I’ve been told, we only need to meet one criteria in the traffic study to pass and get a light. •Aside from the traffic study, these crash results should speak for themselves as to the necessity of a light for the safety of our residents in Crosswater, Windsong, and all of Prosper. © 2023 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford. Thank You Again Laura Rauba Prosper Town Council Meeting 11/28/23 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. 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 551.071 - To consult with the Town Attorney regarding In re Aqueous Film- Forming Foams Product Liability Litigation, a nationwide class action lawsuit involving 3M Company and DuPont Company, pending in the United States District Court for the District of South Carolina, Charleston Division. 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