04.16.24 Town Council Meeting PresentationWelcome to the April 16, 2024,
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.
Proclamation recognizing April 14-20, 2024, as National Public
Safety Telecommunicators Week. (MLS)
Consent Agenda
Agenda Item 2.
Consider and act upon the minutes from the March 26, 2024,
Town Council Work Session meeting. (MLS)
Agenda Item 3.
Consider and act upon the minutes from the March 26, 2024,
Town Council Regular meeting. (MLS)
Agenda Item 4.
Consider and act upon authorizing the Town Manager to enter into
a Professional Services Agreement with Burgess and Niple for
wastewater line smoke testing services. (CE)
Agenda Item 5.
Consider and act upon approval of an ordinance amending and
adopting the Town of Prosper 2024 Water Conservation Plan and
Water Resource and Emergency Management Plan. (CE)
2024 Water Conservation Plan and Water Resource
and Emergency Management Plan
Plan must be adopted every five years as required by North Texas Municipal Water District (NTMWD)
New Amendments as Required by NTMWD:
•Customers using one million gallons per year or have a lot greater than one acre in size must
submit an evaluation by a licensed irrigator for permanently installed irrigation systems every three
years.
•Hotels and motels must offer a linen reuse option to customers.
•Prohibits restaurants, bars, and other commercial food or beverage establishments that provide
drinking water to customers unless a specific request is made by the customer for drinking water.
2024 Water Conservation Plan and Water Resource
and Emergency Management Plan cont.
Additional Recommended Provisions:
•Prohibit runoff from property greater than 50 ft.
•Prohibit outdoor watering when temperatures are below 32°
•Failure to repair a controllable leak, including but not limited to a broken sprinkler head, a leaking
valve, leaking or broken pipes, or a leaking faucet.
•Washing of driveways, sidewalks, parking lots or other impervious surface areas with an open
hose or spray nozzle attached to an open hose, except when required to eliminate conditions that
threaten public health, safety, or welfare.
Additional Triggers for Initiating Water Resource Management Stages:
•Water demand approaching a level that will cause reduced delivery capacity.
•Texas State Governor has declared a drought disaster declaration for Collin and/or Denton County.
Agenda Item 6.
Consider and act upon authorizing the Town Manager to enter into
an agreement with Fuquay, Inc., to rehabilitate 20 wastewater
manholes. (CE)
Agenda Item 7.
Consider and act upon awarding CSP No. 2024-15-A to The
Christmas Light Company, related to annual Christmas Display
Services; and authorizing the Town Manager to execute a contract
for the same. (DB)
Agenda Item 8.
Consider and act upon approving a Professional Services
Agreement between Parkhill and the Town of Prosper, Texas, for
the preparation of plans and construction documents for hike &
bike trail connections within the Doe Branch Property and
authorizing the Town Manager to execute documents for the
same. (DB)
Agenda Item 9.
Consider and act upon approving a Professional Services
Agreement between Parkhill and the Town of Prosper, Texas, for
the preparation of a conceptual rendering and plans and
construction documents for screening elements and trail /
sidewalk within the Right of Way along Prosper Trail and
authorizing the Town Manager to execute documents for the
same. (DB)
Agenda Item 10.
Consider and act upon approving a Professional Services
Agreement between Knight Erosion Control Inc. and the Town of
Prosper, Texas, for the design and construction of erosion control
improvements in Frontier Park and for the Doe Branch Property
and authorizing the Town Manager to execute documents for the
same. (DB)
Agenda Item 11.
Consider and act upon authorizing the Town Manager to execute
the First Amendment to the Roadway Construction
Reimbursement Agreement between MSW Prosper 380 II, LP,
and the Town of Prosper, Texas, related to the construction of
roadways within the Town’s Tax Increment Reinvestment Zone
No. 2 (TIRZ No. 2). (HW)
US 380 DNTPrairie
MahardShawnee
Agenda Item 12.
Consider and act upon authorizing the Town Manager to execute
a Development Agreement between Hunt Wandering Creek Land,
LLC, and the Town of Prosper relative to Wandering Creek. (DH)
Agenda Item 13.
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
Preliminary Site Plans and Site Plans. (DH)
Citizen Comments
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 14.
Conduct a public hearing and consider and act upon a request for
a Specific Use Permit (SUP) to allow a Licensed Child-Care
Center use, on 2.0± acres, on Barnes Addition, Block A, Lot 1,
located on the east side of Parvin Street and 190± feet south of
Seventh Street. (ZONE-23-0038) (DH)
Future Land Use Plan
Surrounding Area
Zoning Current Land Use Future Land Use
Plan
Subject Property Single Family-15 Residential Old Town District
North Single Family-15 Residential Old Town District
East Single Family-15 Middle School Old Town District
South Single Family-15 Residential Old Town District
West Single Family-15 Residential Old Town District
Proposal
Specific Use Permit:
•Licensed Child-Care Center
•Convert Existing Residential Home
•Components
•Existing Residential Home (2,794 SF)
•Addition (430 SF)
•Barn, Green House, and Playground
•60 Students and 10 Staff Members
Conditions
Applicant’s Request:
•Condition 1
•Five-foot reduction in landscape easement on the northern boundary. (Staff is in favor)
•Zoning Ordinance requires 15 feet adjacent to residential development.
•Condition 2
•Alternative screening around northern, eastern, and southern boundaries. (Staff is NOT
in favor)
•Zoning Ordinance requires six-foot masonry screening wall adjacent to residential
development.
Specific Use Permit Criteria
Evaluation:
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
•Adjacent educational uses show consistency with surrounding uses.
2. Are the activities requested by the applicant normally associated with the requested use?
•Education and recreational activities typically associated with licensed child-care center.
3. Is the nature of the use reasonable?
•Shown by consistency with surrounding uses.
4. Has any impact on the surrounding area been mitigated?
•Compliance with screening regulations will mitigate the impact.
Planning & Zoning Commission
Recommendation:
•Approved (6-0) with the following conditions:
•Five-foot reduction in landscape easement on the northern boundary is acceptable.
•Six-foot masonry screening wall is required along the northern, eastern, and southern
boundaries.
Conclusion
Notices:
•Friday, March 8th
Citizen Response:
•Email in Opposition
•Letter in Opposition
Recommendation:
•Approval (Compliance with P&Z Recommendation)
Agenda Item 15.
Conduct a public hearing and consider and act upon a request to
rezone 0.3± acres on Prosper Central Addition, Block 1, Lot 1
from Single Family-15 to Planned Development–Downtown Office
to allow multifamily, office, and retail uses, located on the
northeast corner of Coleman Street and Sixth Street. (ZONE-23-
0029) (DH)
Zoning Map
Future Land Use Plan
Surrounding Area
Zoning Current Land Use Future Land Use
Plan
Subject Property Single Family-15 Vacant Old Town District
North Planned
Development-112
(Downtown Office)
Office Old Town District
East Single Family-15 Residential Old Town District
South Commercial Residential Old Town District
West Downtown Retail Vacant Old Town District
Proposal
Planned Development:
•Mixed Use Building
•Multifamily
•Office
•Retail
Base Zoning:
•Downtown Office District
Permitted Uses
Uses Allowed by Right:
•Administrative/Medical and Professional Office
•Art and Craft Store
•Bakery
•Bank/Savings and Loan/Credit Union (No Drive-Thru)
•Bookstore
•Boot and Shoe Sales
•Business Service
•Ceramics Store
•Clothing and Apparel Store
•Florist
•Hobby or Toy Store
•Ice Cream Shop
•Insurance Office
Permitted Uses Cont.
Uses Allowed by Right:
•Leather Store
•Minor Dry Cleaning (Drop Off Only)
•Minor Print Shop (Drop Off Only)
•Multi-Family (2nd Floor Only) – Max. 4 Units
•Music Instrument Sales
•Novelty or Gift Shop
•Trophy Sales
*Any similar uses as determined by the Director of Development Services.*
Parking
By Use:
•Multifamily – 2 Spaces per Unit
•Office – 1 Space per 350 SF
•Retail – 1 Space per 250 SF
Provided:
•20 Spaces (18 Required)
•Multifamily (4 Units) – 8 Spaces
•Retail (2,450 SF) – 10 Spaces
Landscaping
Zoning Ordinance:
•5’ Landscape Buffer (Each Property Line)
•One ornamental tree and shrub every 15 linear feet.
Provided:
•5’ Landscape Buffer (Each Property Line)
•Ground Cover (North & South Property Lines)
•Ornamental Trees and Shrubs (East & West Property Lines)
Proposed Landscaping
(Development Standards)
Required Landscaping
(Zoning Ordinance)
Northern Boundary
(Adjacent to Commercial)
Buffer:
5’ Landscape Area
Plantings:
Ground cover.
Buffer:
5’ Landscape Area
Plantings:
One ornamental tree and shrub every 15 linear feet.
Eastern Boundary
(Adjacent to Residential)
Buffer:
5’ Landscape Area
Plantings:
One large tree, three-inch caliper minimum, on both landscape
islands.
One ornamental tree every 15 linear feet between the landscape
islands.
Buffer:
5’ Landscape Area
Plantings:
One ornamental tree and shrub every 15 linear feet.
Southern Boundary
(Sixth Street)
Buffer:
5’ Landscape Area
Plantings:
One large tree, three-inch caliper minimum, every 20 linear feet.
Buffer:
5’ Landscape Area
Plantings:
One ornamental tree and shrub every 15 linear feet.
Western Boundary
(Coleman Street)
Buffer:
5’ Landscape Area
Plantings:
One ornamental tree every 15 linear feet.
Three shrubs, five-gallon minimum, on each landscape planting
area.
Buffer:
5’ Landscape Area
Plantings:
One ornamental tree and shrub every 15 linear feet.
Architectural Standards
Zoning Ordinance:
•Downtown Office
Building Materials:
•92% Masonry (Excluding Glazing)
•Brick (80%)
•Stone (12%)
EAST ELEVATION
WEST ELEVATION
NORTH ELEVATION
SOUTH ELEVATION
Planning & Zoning Commission
Recommendation:
•Approved (4-2)
•Commissioners Reeves and Blanscet voted in opposition due to concerns with the
multifamily component and adjacency to residential development to the east.
Conclusion
Notices:
•Friday, February 23rd
Citizen Response:
•Email in Opposition
Recommendation:
•Approval
Agenda Item 16.
Consider and act upon authorizing the Town Manager to execute
a Development Agreement between O E 6th, LLC, and the Town
of Prosper relative to Prosper Central Addition, Block 1, Lot 1.
(DH)
Agenda Item 17.
Consider and act upon authorizing the Town Manager to execute
an Amendment to Participating Member Contract between the
Upper Trinity Regional Water District, and the Town of Prosper,
Texas, related to subscribing for additional wastewater treatment
capacity associated with the expansion of the Doe Branch Water
Reclamation Plant. (CE)
Background
•2016 – Doe Branch WRP plant in service 2MGD, Prosper funded 1MGD
•2021 – plant expanded to 4MGD capacity, Prosper did not participate
•Planning for next phase began and TCEQ permit increased from 5.5MGD to 20MGD
•2022 – preliminary planning for increase to 12MGD (adding 8 MGD) begins in September with three participants Prosper, Celina, and Mustang SUD
•Prosper projects need for 3MGD by 2030
•2023 – in January conceptual estimate is $146M
•August – Mustang SUD chooses not to participate
•December – 30% design completed; new construction estimate $186M
•Alternative phasing considered at request of Celina
•2024 – March decision to have single 8MGD shared between Prosper, Celina (approved by Celina council 9 April); provides lower overall cost
Doe Branch WRP - - Prosper Flows
Phase 2 Operational
(Nov. 2021)
Phase 3 Preliminary
Engineering Started
(Sept. 2022)
Final Design
Contract
Awarded
(Feb. 2023)
CMAR
Selected
(June 2023)
Doe Branch WRP expansion budget estimates
Description
Conceptual
Estimate
(8.0 mgd)
CMAR 30%
(8.0 mgd)
CMAR 30%
Phase 3A
(8.0 mgd phased)
CMAR 30%
Phase 3B
(8.0 mgd phased)
AACE Estimate Class 4 3 3 3
Direct costs $ 74,524,302 $ 136,284,270 $ 105,651,332 $ 44,050,577
Indirect costs $ 72,237,174 $ 50,162,138 $ 38,887,075 $ 16,213,691
Estimated
construction cost
$ 146,761,476 $ 186,446,408 $ 144,538,407 $ 60,264,268
Engineering & PM -$23,446,146 $30,949,584
Total Cost (8.0 MGD)-$209,892,554 $235,752,259
Notes:
1)OPCC is before design and without plans and specs
2)Based on 30% design plans
Terms of the Contract Amendment
•Subscription
•Increase of current capacity of 125,000 gal/day (.125 MGD)
•Subscribe to 3 MGD of future capacity
•Share cost of additional 1 MGD common-to-all capacity with City of
Celina
•Commits Town to funding two projects:
•3.0 MGD of expansion of DBWRP to 12 MGD from current 4 MGD
•Participate in construction of additional interceptor Line
Terms of the Amended Contract
•Town’s Share of Estimated Costs
•Plant Expansion - $104,946,277
•Trunk Main - $16,253,327.50
•Funding Plan
•Federal Funds - $6,102,367.26
•CO Issuance in 2024 - $31,250,000
•CO Issuance in 2025 - $31,250,000
•Remainder over subsequent years based on final costs.
•Estimated $52,597,237.24
Agenda Item 18.
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 legal issues
associated with Article 1.09 and Article 8.03 of the Town’s Code of Ordinances,
and Chapter 214 of the Texas Local Government Code, and all matters and
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