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20190423ppt_combinedAgenda Briefing April 23, 2019 Agenda Item 1. Call to order/roll call Agenda Item 2. Questions about items listed on the Regular Meeting Agenda. Agenda Item 3. Discussion items. •Discuss Proposed Amendments to the Texas Pool & Spa Code and Miscellaneous Amendments to the Health Code Texas Swimming Pool and Spa Code History/Background •In past years, locations have only been inspected once by the third party agency when the permit holder applies for permit •With inspections and plan review now being conducted by Town staff, we need to adopt the Texas Swimming Pool and Spa Code •The Town of Prosper currently has 24 semi-public swimming pools, 3 spas, 4 inter-active water features/fountains, and the Windsong Ranch Crystal Lagoon (completion late Spring) •Each location is required to be inspected during operation, when a closure is warranted, and if a complaint is received Types of Pools/Water Features Subject to Inspections •Public pool –Typically associated with municipally-owned pools •Semi-Public pool -Typically associated with hotels, apartment complexes, HOA amenity centers, private clubs, and schools for the use of members and their guests but not open to the general public. •Spa-a volume of 3,250 gallons or less, commonly associated with “hydrotherapy pool,” “whirlpool,” “hot spa,” “hot tub,” etc. •Public & Semi Public Inter-active Water Feature -Commonly referred to as splash pads –currently in Town parks and day care centers. •Artificial Recreational Body of Water -Crystal Lagoon •Single Family Residential Pools and Spas -Subject to the initial Building Inspections plan review and inspections regarding setbacks, pool barriers, and proper installation of electrical and plumbing equipment. Upon acceptance of construction, these pools are not subject to any further inspections, unless we receive a complaint or receive evidence of stagnant water. Town Health Inspector Will Interact with and Check: •Pool Maintenance Personnel •Pool Maintenance •Pool Pumps, Drains and Suction Covers •Pool Construction •Pool Electrical Safety •Pool Gates, Locks, Signs and Rescue Devices •Pool Chemical -Handling and Storage Food Code What's changing? •Added a purpose •Clarifying existing definitions •Addition of new definitions •Amendments to existing sections •New section Amending Existing Definitions •Ensure Definitions are in line with Texas Department of State Health Services and ensure the Electrical, Fire, and Mechanical Code references are in line with the Town’s adopted 2015 adopted codes. New Definitions •Need New Definitions including Grease Trap –in line with Town’s Plumbing Code Walls and Ceiling surfaces in food prep areas and restrooms need to have light definitive reflective value (LRV) to remove subjectivity of Plan Reviewer and applicant Farmers Market –anticipated future use in the Town Seasonal Temporary Food Establishment –operating less than 45 consecutive days Amend Existing Sections of Food Code •Functionality of lighting to include food preparation area. •Handwashing sinks/handwashing cleanser availability/to include a supply of liquid soap •Grease trap location, size and sizing •Health Permit Non-Transferable •Finish height for floors, walls, and ceilings •Temporary Food Establishment Permit application –five (5) days prior to event (we have received applications at 4:45 pm on the day of the operation) •Bed and Breakfast Certified Food Manager on-site Refuse collection Kitchen facilities re: washing of containers Disposal of liquid waste •Sustained, popular use as found in many of our area communities•Recent interest in bringing a Farmers Market to Prosper –need to be prepared •Establish Definition and/or amend Definition in the Zoning Ordinance (Zoning Ordinance does not permit sale of meat, fish, poultry, eggs, refrigerated dairy products, or home packaged items). Meat, poultry, eggs, and refrigerated dairy items are appropriate if kept at proper temperatures.•Conditional allowance of fish, game animals and non-pasteurized dairy items from approved sources.•Farmers Market currently allowed by right in Downtown Retail, Retail, Downtown Commercial and Commercial Districts. SUP may be more appropriate.•Maximum % of area for non-food articles?•Guidelines will be similar to Temporary Food Establishments Farmers Market Agenda Item 3. Discussion items. •Discuss Census Support Resolution and Membership of Complete Count Committee •April 1, 2020 •On-Going Efforts oBoundary Updates oEducation Phase Website (including employment opportunities) Utility Billing Inserts •Town Council –May 14 th oResolution of Support oComplete Count Committee (CCC) appointments Education, Awareness, and Motivational ‘marketing’ entity Comprised of Town, school, civic, and/or religious representatives Welcome to the Prosper Town Council Meeting. The 5:45 Agenda Briefing takes place in the Executive Conference Room behind Council Chambers, and is open to the public. The Regular Meeting will begin in Council Chambers immediately following the Agenda Briefing at approximately 6:15 p.m. Town Council Meeting April 23, 2019 Agenda Item 1. Call to order/roll call Agenda Item 2. 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. Agenda Item 3. Announcements of recent and upcoming events. Agenda Item 4. Consent Agenda Items placed on the Consent Agenda are considered routine in nature and non-controversial.The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.Zoning-related Public Hearing items on the Consent Agenda have received a unanimous recommendation for approval by the Planning & Zoning Commission, and no written opposition was received prior to the posting of this agenda.Those wishing to speak on a Public Hearing item on the Consent Agenda should complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Agenda Item 4a. Consider and act upon minutes from the following Town Council meeting. •Regular Meeting –April 9, 2019 Agenda Item 4b. Receive the January Financial Report Agenda Item 4c. Consider and act upon a resolution denying the Distribution Cost Recovery Factor (“DCRF”) application proposed by Oncor to increase distribution rates in their service area. Agenda Item 4d. Consider and act upon an ordinance amending Section 13.05.001, “Plan Adopted,” of Article 13.05, “Water Conservation and Water Resource and Emergency Management Plan,” of Chapter 13, “Utilities,” of the Code of Ordinances; amending Section XVII, “Water Conservation and Enforcement Fees,” of Appendix A, “Fee Schedule,” of the Code of Ordinances; and adopting a Water Conservation and Water Resource and Emergency Management Plan. The Town of Prosper currently maintains a Water Conservation and Water Resource and Emergency Management Plan, which was last updated in May 2015. The Town of Prosper is required by the Texas Commission of Environmental Quality (TCEQ) to submit a revised Water Conservation and Water Resource and Emergency Management Plan every five years. The plans are due by May 1, 2019. •The current plan defines “Regulated Irrigation Property” as any property that uses 1 million gallons of water or more for irrigation in a single calendar year, or is greater than 1 acre in size. Town staff does not recommend including the “greater than 1 acre in size” or “for irrigation purposes” delineations, because the Water Conservation Plan requires that the owner of a regulated irrigation property obtain an evaluation of any permanently installed irrigation system on a periodic basis by a license irrigator in the State of Texas. Since many of our lots exceed 1 acre in size but very few use more than 1 million gallons, the proposed plan defines it as any property that uses 1 million gallons of water or more in a single calendar year. •The proposed plan imitates the stage restriction watering schedules as the current plan in place; therefore, water users will not be affected by changes in the watering schedule. Updates Updates Cont. Alteration Current Proposed Stage 1 Initiation Storage in Lavon Lake is less than 55% of NTMWD’s total conservation pool capacity Storage in Lavon Lake is less than 70% of NTMWD’s total conservation pool capacity April – October or less then 60% during November – March Stage 2 Initiation Storage in Lavon Lake is less than 45% of NTMWD’s total conservation pool capacity Storage in Lavon Lake is less than 55% of NTMWD’s total conservation pool capacity April – October or less then 45% during November – March Stage 3 Initiation Storage in Lavon Lake is less than 35% of NTMWD’s total conservation pool capacity Storage in Lavon Lake is less than 30% of NTMWD’s total conservation pool capacity April – October or less then 20% during November – March ET/Smart Controllers Not Allowed to operate in Smart Mode NTMWD has remained silent on the issue *Note: Staff does not wish to grant ET/Smart controller variances from the watering schedule. Goals •Reduce the total and residential per capita usage. •Maintain water loss percentage below 12 percent. •Total Losses were 4.68% for 2018. •Maintain meter replacement and repair program. Description 2017 Actual 5-Year Goal 10-Year Goal Total gpcd 209 200 190 Residential gpcd 140 135 130 0 50 100 150 200 250 300 350 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018GallonsTotal vs Residential Gallons Per Capita Per Day (GPCD) Total Residential Year 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 0 1,000 2,000 3,000 4,000 5,000 6,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 PopulationGallons of Water (in millions)Deliveries vs Usage Population Received Billed Flushing Construction •When complaints/notifications arise, public works staff will continue to send letters to personally educate offenders. Enforcement Enforcement Guidelines First Offense Courtesy Warning Second Offense Certified Letter with Notification of Violation Third Offense $100 Fee Fourth and Subsequent Offense $300 Fee •Town staff recommends that the Town Council consider and act upon an ordinance amending Section 13.05.001, “Plan Adopted,” of Article 13.05, “Water Conservation and Water Resource and Emergency Management Plan,” of Chapter 13, “Utilities,” of the Code of Ordinances; amending Section XVII, “Water Conservation and Enforcement Fees,” of Appendix A, “Fee Schedule,” of the Code of Ordinances; and adopting a Water Conservation and Water Resource and Emergency Management Plan. Recommendation Agenda Item 4e. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 0.3±acre, from Single Family-15 (SF-15) to Downtown-Office (DTO), located at the northwest corner of Fifth Street and Coleman Street. Agenda Item 4f. Consider and act upon whether to direct staff to submit a written notice of appeal 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 Plan or Preliminary Site Plan. Agenda Item 5. Citizen Comments The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Agenda Item 6. Conduct a Public Hearing, and consider and act upon a request to rezone 6.2±acres from Single Family-15 (SF- 15) to Planned Development-Downtown Retail (PD-DTR), located on the southwest corner of Coleman Street and future McKinley Street. (Z19-0001). Agenda Item 7. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan from Medium Density Single Family to Retail & Neighborhood Services, generally located on the north side of Fishtrap Road, west of Legacy Drive. (CA19-0001).[Companion Case Z19-0002] Agenda Item 8. Conduct a Public Hearing, and consider and act upon a request to rezone 9.1±acres from Agricultural (A) to Office (O), located on the north side of Fishtrap Road, west of Legacy Drive. (Z19-0002). [Companion Case CA19-0001] Agenda Item 9. Executive Session Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 9a.Section 551.087 –To discuss and consider economic development incentives. 9b.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. Agenda Item 10. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Agenda Item 11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Agenda Item 12. Adjourn.