10.22.24 Town Council Meeting Presentation Work SessionWelcome to the October 22, 2024,
Prosper Town Council
Work Session
Call to Order/Roll Call
Agenda Item 1.
Discussion regarding the Town’s Stormwater Enforcement Plan. (HW)
Texas Commission on Environmental Quality (TCEQ)
Small MS4 General Permit Post Construction
Requirements
Section 5, Subsection (2)
•All permitees shall use, to the extent allowable under state, federal, and local law
and local development standards, an ordinance or other regulatory mechanism to
address post-construction runoff from new development and redevelopment
projects.
•The permittees shall establish, implement and enforce a requirement that owners
or operators of new development and redeveloped sites design, install, implement
and maintain a combination of structural and non-structural BMPs appropriate for
the community and that protects water quality.
Common Post Construction Feature Violations
•Trash
Common Post Construction Feature Violations
•Trash
•Erosion/Excess Sediment
Eroded soil reduces capacity of drainage feature to convey or
detain water, which can cause flooding.
Excess sediment into the drainage ways can hurt aquatic life, and
also can cause mosquito breeding grounds.
Eroded channel slopes are
blocking the flow of water,
which creates a flood
hazard for residents and
negatively impacts stream
health.
Construction Feature Violation Examples
Excess sediment
has filled in a
designed
Detention Pond,
reducing the
capacity for
water, which
creates a flood
hazard for
residents.
Construction Feature Violation Examples
Excess sediment has
blocked culverts, blocking
the flow of water, which
creates a flood hazard for
residents and negatively
impacts stream health.
Construction Feature Violation Examples
Common Post Construction Feature Violations
•Trash
•Erosion/Excess Sediment
Eroded soil reduces capacity of drainage feature to convey or
detain water, which can cause flooding.
Excess sediment into the drainage ways can hurt aquatic life, and
also can cause mosquito breeding grounds.
•Excess Vegetation
Non-planned vegetation reduces space intended for water
storage and can block the flow of water into and out of a pond or
drainage channel.
Excess and unplanned
vegetation reduce
Retention Pond
capacity.
Construction Feature Violation Examples
Excess sediment and
vegetation that block
designed drainage flumes,
reduce the capacity for
water, which creates a
flood hazard for residents.
Areas like this, also provide
spots for water to pond,
creating a mosquito
hazard.
Construction Feature Violation Examples
Common Post Construction Feature Violations
•Trash
•Erosion/Excess Sediment
Eroded soil reduces capacity of drainage feature to convey or
detain water, which can cause flooding.
Excess sediment into the drainage ways can hurt aquatic life, and
also can cause mosquito breeding grounds.
•Excess Vegetation
Non-planned vegetation reduces space intended for water
storage and can block the flow of water into and out of a pond or
drainage channel.
•Non-operational fountain or aerator
Fountains and aerators help circulate the water which helps
reduce algae, balances the oxygen level and helps prevent
mosquito breeding.
Excessive algae in a post
construction feature throws
off the dissolved oxygen
levels of the water.
Construction Feature Violation Examples
Post construction features that are regularly maintained, are less expensive to maintain in the long run,
create aesthetically pleasing views for our residents and protect Prosper’s water quality.
Construction Feature Compliant Examples
Post Construction Enforcement History
•In 2019, the Stormwater Utility Administrator (SUA) started
compiling a list of all Post Construction drainage features.
•List of all Post Construction features mapped.
•SUA started an education and outreach campaign with goal to
educate the feature owners, so they would start maintaining
their features in preparation for future requirements from the
TCEQ.
The Stormwater Program has the standards in place and ability
to implement enforcement measures and access monetary
penalties to gain compliance.
•Town has ordinance(s) in place to address post-construction runoff from
new development and redevelopment projects.
•Town has ordinance in place to enforce owners maintain BMPs to protect
water quality.
•Provide notices. (10 days to comply)
•Issue citations.
•Fine for non-compliance. (No more than $500/day)
•Stormwater staff are able to work through Code Compliance.
What’s Been Done Since Last Update
Current Post Construction Enforcement
•Property owner receives a warning, listing the feature
violations with photos of what to fix. 30 days to comply.
•After 30 days, first re-inspection. If the feature is still out of
compliance, the property owner is issued a Notice of
Violation. Additional 30 days to comply.
•After the additional 30 days, second re-inspection. If the
feature is still out of compliance, the case is turned over to
Code Compliance and initiates the process to start daily
fines.
** Green boxes on the handout highlight those developments
going through this process now.
Next Steps
•Request support to continue implementing Enforcement.
•Revise Stormwater Ordinance
•Consolidate standards
•Update Enforcement timelines
•Add re-inspection fees in FY2026 for all Stormwater related re-inspections
(development, home builders, post construction, illicit discharges, erosion
control, residents, contractors, etc.).
•$50.00 for first reinspection
•$75.00 for second re-inspection
•$100.00 for the third re-inspection
•Stormwater staff able to issue citations.
Agenda Item 2.
Discussion regarding the annual solid waste CPI adjustment and
proposed service enhancements. (RBS)
Annual Solid Waste Price
Adjustment and Service
Enhancement Proposal
Solid Waste Contract Price Change
•In June 2023, Republic Services was awarded an exclusive
franchise for all solid waste related services following a competitive
RFP process
•Effective date was February 1, 2024 with provision for annual rate
adjustments on each contract anniversary date.
•The adjustment is based on the 12 month change in CPI-All Urban
Consumers for the “Garbage and Trash Collection” sub-category
•The September 2023 to September 2024 change in this index is 3.8%
•This percentage will be applied to all residential and commercial service
categories
Solid Waste Contract Price Change
•For base residential services this will increase the 2024 monthly rate
from $18.55 to $19.15 for 2025.
•Both 2024 and 2025 rates include a $2.00 cart repayment fee and a $0.80 Town
administrative fee.
Proposed Service Enhancement for 2025
•While the transition to the new provider has gone well and the
Town has seen a substantial reduction in Solid Waste related
complaints for both residential and commercial customer
categories, there continues to be confusion and complaints
regarding which week monthly bulk is picked up.
•To address this area, the Town requested a quote from Republic for
weekly bulk pick-up on the same day as all other services and
received the following:
•Weekly bulk pick-up with no Saturday drop-off service offered or one-time box pick up for
new move-ins- $1.98 over currently quoted prices or a total of $21.13 base charge.
•Weekly bulk pick-up while continuing Saturday drop-off service and box pick up-$3.20 over
currently quoted prices or a total of $22.35 base charge.
Benchmark City Comparison
Where We go From Here
•Annual CPI adjustment is a contractual obligation and will be made
effective February 1, 2025 pending approval November 12, 2024.
•If Council chooses either service level enhancement, staff will also
bring back November 12th a contract amendment effective February
1, 2025.
•Certain “housekeeping” clean up item naming September CPI as the
month used for pricing adjustments and raising replacement carts
from current $25 to $60 (Town’s cost is $55) will also be added.
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 legal issues
associated with code enforcement and substandard structures, and all matters
incident and related thereto.
•Section 551.071 – Consultation with the Town Attorney to discuss legal issues
associated with any agenda item.
The Town Council will reconvene after Executive
Session.
Reconvene into Work Session
Adjourn