08.13.24 Town Council Meeting PresentationWelcome to the August 13, 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
Consent Agenda
Agenda Item 1.
Consider and act upon the minutes from the July 23, 2024, Town
Council Work Session meeting. (MLS)
Agenda Item 2.
Consider and act upon the minutes from the July 23, 2024, Town
Council Regular meeting. (MLS)
Agenda Item 3.
Consider and act upon the minutes from the July 30, 2024, Town
Council Work Session meeting. (MLS)
Agenda Item 4.
Receive the Quarterly Investment Report for June 30, 2024. (CL)
Agenda Item 5.
Consider and act upon authorizing the Town Manager to execute
an audit engagement letter between Weaver and Tidwell, L.L.P.,
and the Town of Prosper, Texas, related to the fiscal year 2024
annual audit. (CL)
Agenda Item 6.
Consider and act upon an ordinance amending the Fee Schedule
for Emergency Medical Services (EMS) rates. (SB)
Agenda Item 7.
Consider and act upon authorizing the Town Manager to execute
documents for the emergency repairs of water supply pumps by
Global Pump Solutions LLC estimated not to exceed $150,000.
(CJ)
Agenda Item 8.
Consider and act upon authorizing the Town Manager to
approve $600,000 in expenditures under the existing contract
with WOPAC Construction, Inc., (WOPAC) Bid No. 2019-53-A,
for miscellaneous concrete replacement and repair services.
(CJ)
Agenda Item 9.
Consider and act upon authorizing the Town Manager to
execute a Professional Services Agreement between Geotex
Engineering LLC, and the Town of Prosper, Texas, related to
professional construction materials testing and observation
services for the Prosper Lower Pressure Plane Phase 2A
project for $102,820. (PA)
Professional Construction
Materials Testing & Observation
Services Agreement NTE:
$102,820.00
Recommendation:
Geotex Engineering, LLC
Coit Road Custer Road US 380
Richland Blvd
Agenda Item 10.
Consider and act upon an ordinance amending Section
3.14.012(2)(H) of the Town's Code of Ordinances as it relates to
Political Signs. (MLS)
Agenda Item 11.
Consider and act upon an ordinance amending Chapter 1,
“General Provisions,” of the Town of Prosper Code of
Ordinances by adopting a new Article 1.11 , “Downtown Prosper
Entertainment District.” (DH)
Agenda Item 12.
Consider and act upon an ordinance amending Chapter 6,
“Health and Sanitation,” of the Town of Prosper Code of
Ordinances by amending the definitions of Article 6.03,
“Maintenance of Property,” and adding new Subsections (c) and
(d) to Section 6.03.002, “Regulation of Weeds, Rubbish, Brush,
and Other Objectionable, Unsightly, or Unsanitary Matter.” (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)
Information
Purpose:
•Construct six commercial buildings totaling 124,781 square feet.
•Medical/Professional Office Building (Two-Story)
•Restaurant/Retail Buildings (3)
•Retail Buildings (2)
Information Cont.
Phasing:
•Phase 1 (Lots 1-2)
•Retail Building (11,075 SF) – Lot 1
•Restaurant/Retail Building (17,265 SF) – Lot 2
•Phase 2 (Lot 3)
•Medical/Professional Office Building (35,867 SF)
•Restaurant/Retail Buildings (52,574 SF)
•Retail Building (8,000 SF)
Information Cont.
Residential Adjacency:
•Zoning Ordinance requirements for commercial to residential adjacency.
•Six-Foot Masonry Wall
•Staff will require spacing in between the existing residential fences and the masonry
wall to allow for maintenance.
•15-Foot Landscape Buffer
•60-Foot Building Setback (Two-Story Building)
Information Cont.
Detention Pond:
•Per the Town’s Zoning Ordinance, detention ponds that contain a constant water level, are
landscaped, or otherwise treated as an amenity for the development, as determined by the
Director of Development Services or his/her designee, may be calculated toward the required
open space.
Information
Purpose:
•Renovate exterior elevations of an existing retail building with the proposed improvements.
•Removal of two doors.
•Installation of three windows on either side of the remaining door.
•Installation of awnings over all windows.
•Installation of posts on the front entrance holding up the center awning.
•Installation of a three-foot brick ledge across the entire front.
•Installation of siding around the entire building.
•Usage of earth tones as exterior colors.
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.
Consider and act upon a request for the removal of an historic
tree on Wandering Creek, Phase 1, on 48.9± acres, located on
the south side of First Street and 335± feet east of Wildcat Way.
(DH)
Information
Purpose:
•Remove a historic tree (48.6-caliper inch pecan tree) for the development of a residential
subdivision.
Historic Tree:
•An historic tree is any tree that exceeds 40-caliper inches.
Background:
•Approved final plat showed Harrison Lane in a way that avoided the tree.
•Arborist determined that the tree would not survive after the infrastructure for the subdivision
was put in place.
Information Cont.
Mitigation:
•Historic trees require a percentage of replacement (in caliper inches) of 400%.
•48.6 (Caliper Inches of Tree) x 4 (400% Replacement) = 194.4 (Required Caliper
Inches)
•The requirement for new trees is a minimum three caliper inches; therefore, the number of
trees required would be the required caliper inches divided by three.
•194.4 (Required Caliper Inches) / 3 (Caliper Inches for Tree) = 65 (Number of Trees)
•The fee for every caliper inch is $175; therefore, the fee in lieu of replacing the trees would be
the required caliper inches multiplied by $175.
•194.4 (Required Caliper Inches) x 175 (Fee Per Caliper Inch) = 34,020 (Fee In Lieu Of
Replacement)
Agenda Item 15.
Consider and act upon a request for the removal of an historic
tree on Legacy Gardens, Phases 3-4, on 136.1± acres, located
on the southwest corner of Shawnee Trail and Frontier Parkway.
(DH)
Purpose:
•Remove a historic tree (42-caliper inch ash tree) for the development of a
residential subdivision.
Historic Tree:
•An historic tree is any tree that exceeds 40-caliper inches.
Background:
•North side of the tree has been trimmed by power line company due to
interference with lines.
•The tree is in the future right-of-way of Frontier Parkway and would eventually
be removed due to the anticipated expansion of the thoroughfare.
Mitigation:
•Historic trees require a percentage of replacement (in caliper inches) of 400%.
•42 (Caliper Inches of Tree) x 4 (400% Replacement) = 168 (Required Caliper Inches)
•The requirement for new trees is a minimum three caliper inches; therefore, the number of
trees required would be the required caliper inches divided by three.
•168 (Required Caliper Inches) / 3 (Caliper Inches for Tree) = 56 (Number of Trees)
•The fee for every caliper inch is $175; therefore, the fee in lieu of replacing the trees would be
the required caliper inches multiplied by $175.
•168 (Required Caliper Inches) x 175 (Fee Per Caliper Inch) = 29,400 (Fee In Lieu Of
Replacement)
•Per the Engineering Department, the tree conflicts with CIP infrastructure for both roadway
and sanitary sewer. Consequently, if mitigation is required, it would be up to Town
Engineering to mitigate.
Agenda Item 16.
Consider and act upon authorizing the Town Manager to
execute a Professional Service Agreement between Freese and
Nichols, Inc., and the Town of Prosper, Texas, related to the
creation of a Unified Development Code for an amount not to
exceed $342,842. (DH)
Purpose:
•Combine different land use regulations into a single document.
•Code of Ordinances
•Engineering Standards
•Park Dedication Regulations
•Subdivision Ordinance
•Zoning Ordinance
•Other Development Standards
Purpose:
•Inclusion of new standards and updates to existing standards.
•New Dallas North Tollway Overlay District Standards
•New Downtown Overlay District Standards
•Updates to Existing Ordinances
Process:
•Six-month timeline that includes the following events.
•Kick-Off Meeting and Tour (Town and Consultant)
•Bi-Weekly Meetings (Town Staff and Consultant)
•Public Hearing at Planning & Zoning Commission
•Public Hearing at Town Council
Budget Impact:
•The overall cost of the project is $324,842.
•Budgeted for in Planning’s Professional Services Account (No. 100-5410-40-03).
•Funded from the current and upcoming budget years from Building Inspections contract
services.
•Savings from unspent money allocated to outsourced commercial plan review utilized for
contract.
•Expense paid in two fiscal years.
•Fiscal Year 2024 ($100,000) & Fiscal Year 2025 ($224,842)
•No increase to the general budget for Fiscal Year 2025.
Agenda Item 17.
Discuss and consider the submission of the Preliminary Fiscal
Year 2024-2025 Budget. (CL)
Town Council Strategic Visioning Priorities
ACCELERATION OF INFRASTRUCTURE
•Work with the Capital improvement Subcommittee to identify gaps in the Town’s infrastructure and ensure that it
meets the demands of a growing community
•Utilize all available financial methods (Bonds, Certificates of Obligation, Capital Dedicated Fund, Grants, etc.) to fund
projects.
•Work with the Capital Improvement Subcommittee to plan for a future bond program and/or pay-as-you-go program.
DEVELOPMENT OF DOWNTOWN PROSPER AS A DESTINATION
•Collaborate with the Downtown Business Alliance, Community Engagement Committee, Downtown Committee, and
Prosper EDC to implement the Downtown Master Plan.
•Pursue a mix of public and private developments as catalysts for office, retail, restaurants, entertainment, housing, and
outdoor events.
ENSURE THE TOWN’S COMMERCIAL CORRIDORS ARE READY FOR DEVELOPMENT
•Ensure US 380 and Dallas North Tollway are primed and ready for development.
•Develop long-term strategies for land use, landscaping, lighting, and traffic.
•Leverage partnerships with TxDOT, NTTA and private development.
CONTINUE TO PROVIDE EXCELLENT MUNICIPAL SERVICES
•Strive to be a high-performing organization focused on continuous improvement, best practices, and benchmarking.
•Develop a culture of excellence and provide the financial resources necessary to support these goals.
•Provide a welcoming and respectful environment for residents, visitors, and Town employees.
WORK TOWARDS A GROWING AND DIVERSIFIED TAX BASE
•Collaborate with Prosper EDC and be adaptable to changing market conditions.
•Place an emphasis on corporate, medical, and life-sciences sectors.
•Utilize metrics to create resiliency strategies against market changes.
Budget Timeline
February 27, 2024 Multi-Year Budget Projections
May 28, 2024 Adopted Strategic Vision Priorities
Spring/Summer 2024 Sub-Committee Meetings on Capital Project
Prioritization, Debt Issuance, Market Adjustments
July 25, 2024 Certified Rolls
July 30, 2024 Budget Workshop at Council Work Session
August 13, 2024 Presentation of Preliminary Budget,
Passage of all items needed to begin
Budget Adoption Process.
Budget Timeline
Before August 23, 2024 Sub-Committee Meetings per Council Direction
August 29, 2024 Budget Town Hall Meeting
September 10, 2024 Budget Public Hearing, Final Changes (if any)
and Adoption; Tax Rate Public Hearing and
Adoption; Tax Increase Ratification
Budget in Brief
Total FY 2024-2025 Preliminary Budget Operating Appropriations $102,622,254
including:
•$52,819,628 for General Fund operations and maintenance,
•$3,346,035 for the Crime Control and Prevention Special Purpose District,
•$3,544,260 for the Fire Control, and Emergency Medical Services Special
Purpose District,
•$42,912,331 for the Town’s Enterprise Funds including Solid Waste, Water, and
Sewer utilities as well as the Storm Drainage Utility Fund.
General Debt Service Appropriations for the coming fiscal year are $18,526,992.
Governmental Capital Projects added for the year total $51.4 million.
Key General Fund Revenue Drivers
For FY 2024-2025, General Fund revenues are expected to total $51,207,806
which is an increase of 7.04% over the previous year’s amended budget. This
additional revenue is from increased property tax, sales tax, and franchise fees.
The Preliminary Budget reflects 10.6% growth from FY 2023-2024 year-end
projected sales tax receipts. This is the seventh year for the Special Purpose
Districts that receive sales tax that had been previously reported in the General
Fund. The General Fund is projecting sales tax revenue of $12,659,839 for FY
2024-2025.
General Fund Staffing
Department Title Start Date FTE Recurring One-time
Grant
Revenue Year 2
Town Managers Office Management Analyst 10/1/2024 1 105,000 10,000 - 105,000
Finance Fleet Coordinator 1/1/2025 1 72,003 48,730 - 95,499
Communications Communication Specialist increase to Full-time 10/1/2024 0.5 34,091 - - 34,091
Municipal Court Municipal Court Clerk 1/1/2025 1 47,399 - - 47,399
Police Administrative Assistant-Patrol 4/1/2025 1 13,171 36,515 - 69,419
Police Detective 4/1/2025 1 80,049 115,264 - 150,101
Police Police Officers (COPS Grant)1/1/2025 5 579,298 505,917 333,333 749,943
Police 9-1-1 Communications CAD Supervisor 4/1/2025 1 65,425 5,369 - 127,553
Fire Fire Inspector/Investigator 1/1/2025 1 100,072 102,265 - 128,444
Public Works Signs and Marking Technician 4/1/2025 1 40,716 - - 77,323
Public Works Streets Utility Worker 1/1/2025 1 58,420 - - 76,724
Public Works Facilities Maintenance Technician 1/1/2025 1 51,700 - - 61,692
Parks Irrigation Technician 4/1/2025 1 37,558 51,456 - 72,977
Parks Parks Supervisor 11/1/2024 1 92,738 52,529 - 100,971
Library Library Assistant PT to FT 10/1/2024 0.5 30,286 - - 30,286
Engineering Senior Traffic Engineer 1/1/2025 1 101,028 20,686 - 141,929
Total General Fund 19 1,508,954 904,631 333,333 2,069,351
Other Funds Staffing
Water/Wastewater Fund
Department Title Start Date FTE Recurring One-time
Grant
Revenue Year 2
Public Works Crew Leader 10/1/2024 1 98,141 99,820 - 98,141
Public Works Heavy Equipment Operator 10/1/2024 1 85,270 335 - 85,270
Public Works Utility Worker 10/1/2024 1 75,672 1,800 - 77,472
Total Water/Wastewater Fund 3 259,083 101,955 - 260,883
Stormwater Drainage Fund
Department Title Start Date FTE Recurring One-time
Grant
Revenue Year 2
Public Works Stormwater Crew Leader 10/1/2024 1 168,280 14,502 - 103,830
Total Stormwater Drainage Fund 1 168,280 14,502 - 103,830
Fund Recurring
General Fund - Police-Sworn 232,513
General Fund - Fire-Sworn 228,464
General Fund 311,881
Water/Wastewater 37,601
Total Market Study 810,459
Market Study
•Public Safety Market Methodology
•The average minimum and maximum annual rates of pay at benchmark cities. The
data is anchored at the minimum and maximum annual rates for each respective
rank and file.
•Competitive percentage above market average – 1.75%
•Non-Public Safety Market Methodology
•(Max Average + Min Average)/2 = Midpoint
Major General Fund Additions
Other Funds
Utility Fund-Distribution and Collection Utility
•Potable Water Supplier proposing over 13.8% increase in rates
•Wastewater treatment supplier requires significant capital investment
for new treatment plant
•Rate Consultant projecting need for multiple year rate increases
including a blended 8.7% next year (5% water and 16% wastewater)
•First Rate Increase in four years (2020)
Solid Waste Fund
•Created in 2023, the fund will be self-supporting through rates.
Stormwater Drainage
•No rate increase recommended. Last rate increase 2018.
Rate Comparison
Debt Service Fund
•Add Series 2024 authorized by Council - $36.407 Million
•Redeem Series 2014 - $600,000 ($140,000 savings)
•$152 million available for 2025 Bond Election
•Increases I&S Rate from 0.177258 to 0.180392
•36% I&S percentage of total Tax Rate (below 40%)
•Outstanding Total Debt of $228,582,000 at end of FY24-25
•2.4% Outstanding Total Debt as a percentage of TAV (below 4%)
•$5,366 Outstanding Total Debt per Capita
Debt Service Fund
Governmental Capital Projects
•$35.9 million in Streets Projects
•$6.6 million in Parks Projects
•$5.3 million in Facility Projects
•$2 million in Public Safety Projects
•$1.5 million in Unrestricted Projects
•$51.3 million Total in Projects
Multi-Year Capital Program/Debt Issuance
Recently Approved Bonds 2023-2024
Parks
•Raymond Community Park, Phase 1: (Construction) $10,900,000
Street
•First Street (DNT – Coleman): (Construction) $9,000,000
•Coit Road (First – Frontier) – 4 lands: (Land/Esmt) $1,700,000
•Teel (US 380 – First St.) 2 NB Lanes (Construction) $1,400,000
•Legacy (First – Star Trail) 2NB Lanes (Construction) $650,000
•Braided Ramps $2,557,062
TOTAL $36,407,062
Public Safety
•Fire Station #4 (Construction) $10,200,000
Multi-Year Capital Program/Capital Dedicated
Parks
•Parks and Public Works Facility, Phase 1 $2,352,938
Street
•Traffic Signal – First & Artesia $230,000
•Traffic Signal – Teel & Prairie $460,000
•DNT Main Lanes (US 380 – FM 428) $2,557,062
Unprogrammed $1,500,000
TOTAL $9,600,000
Public Safety
•Fire Station #4 (Construction) $2,500,000
Agenda Item 18.
Consider and act upon an ordinance establishing the tax year
2024 Certified Appraisal Roll. (CL)
Historical Property Valuation
Fiscal Year
Valuation
Excluding Freeze Growth New Property
Growth
from New
Property
Reappraisal
Growth
Growth from
Reappraisal
2019-2020 4,209,067,499 12.4%414,634,110 11.1%49,749,601 1.3%
2020-2021 4,601,196,301 9.3%360,557,369 8.5%31,571,433 0.8%
2021-2022 5,437,210,564 18.2%469,526,490 10.2%366,487,773 8.0%
2022-2023 6,616,007,870 21.7%596,431,779 11.0%582,365,527 10.7%
2023-2024 8,335,296,679 26.0%876,474,004 13.3%842,814,805 12.7%
2024-2025 9,622,101,595 15.4%878,599,323 10.5%408,205,593 4.9%
Agenda Item 19.
Consider and act upon accepting submission of the tax year 2024,
fiscal year 2024-2025, no-new-revenue tax rate of $0.466941 per
$100 taxable value, voter-approval tax rate of $0.522075 per $100
taxable value, and preliminary property tax rate of $0.505000 per
$100 taxable value. (CL)
No-New-Revenue Tax Rate
•The “No-New-Revenue" rate is the highest property tax
rate a local government can adopt that generates the
same amount of revenue as the previous year, despite
changes in property values.
•The calculation excludes impact from new property
and property in a TIRZ.
•Compares like property year over year.
Voter-Approval Tax Rate
•The “voter approval” rate is the maximum property tax rate
increase, 3.5% on M&O plus calculated I&S Rate, that local
taxing units can implement without voter approval.
•Mandated to adopt the calculated I&S rate.
Property Tax Rate Comparison
2024-2025 2023-2024
No-New-Revenue Tax Rate $0.466941 $0.448160
Voter-Approval Tax Rate $0.522075 $0.51
Debt Rate (I&S Rate)$0.180392 $0.177258
Adopted Rate -$0.51
Preliminary Rate $0.505 -
Agenda Item 20.
Consider and act upon a proposed fiscal year 2024-2025 Property
Tax Rate. (CL)
Historical Property Tax Rate
Fiscal Year M&O I&S Total Rate
2019-2020 0.367500 0.152500 0.520000
2020-2021 0.367500 0.152500 0.520000
2021-2022 0.328000 0.182000 0.510000
2022-2023 0.329830 0.180170 0.510000
2023-2024 0.332742 0.177258 0.510000
2024-2025 0.324608 0.180392 0.505000
Benchmarking Fiscal Year 2023-2024
Entity Homestead
Exemption
Rate
General
Fund
Capital
Dedicated
I&S Total Tax Rate Equivalent Tax
Rate for
Homestead
Freeze
Anna 5.0%0.365930 -0.144787 0.510717 0.485181 No
Celina None 0.315878 -0.296276 0.612154 0.612154 Yes
Coppell 5.0%0.421666 -0.070152 0.491818 0.467227 No
Flower Mound 12.5%0.343173 -0.044127 0.3873 0.338888 No
Frisco 15.0%0.289263 -0.142942 0.432205 0.367374 Yes
Keller 20.0%0.260403 -0.051597 0.312 0.2496 Yes
Little Elm None 0.486416 -0.143484 0.6299 0.6299 Yes
McKinney None 0.286688 -0.140825 0.427513 0.427513 No
Southlake 20%0.264 -0.055 0.319 0.2552 Yes
Average of Comparison 8.61%0.336616 -0.126645 0.463261 0.425893 -
Prosper (Current)15.0%0.230742 0.102 0.177258 0.51 0.4335 Yes
Prosper (Preliminary)17.5%0.224608 0.10 0.180392 0.505 0.416625 Yes
Tax Year 2024; Fiscal Year 2024-2025
Agenda Item 21.
Consider and act upon scheduling a public hearing on the fiscal
year 2024-2025 Proposed Budget. (CL)
•A public hearing is required by State law on the Proposed Budget.
•Public Hearing: September 10, 2024, at 6:15 p.m., Council Chamber of Prosper
Town Hall.
Agenda Item 22.
Consider and act upon scheduling a public hearing on the
proposed FY 2024-2025 Tax Rate. (CL)
•A public hearing and a published notice is required if proposed rate exceeds the
lower of the no-new-revenue or voter-approval tax rates.
•Public Hearing: September 10, 2024, at 6:15 p.m., Council Chamber of Prosper
Town Hall.
•Notice will appear in the Frisco Enterprise on September 1
Agenda Item 23.
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 the 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 BFS Real Estate LLC, et al., v. Town of Prosper, et al., pending in the 471st Judicial District Court of Collin County, Texas, and all matters incident and related thereto; and discuss and consider anticipated litigation regarding contractual obligations.
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, Community Engagement Committee, and the Downtown Advisory Committee, 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