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20190625 combinedWelcome to the Prosper Town Council Meeting. The Joint Meeting of the Prosper Town Council and the Prosper Economic Development Corporation will begin in Council Chambers at 5:45 p.m. The Regular Town Council Meeting will begin in Council Chambers immediately following the Joint Meeting. Joint Meeting of the Prosper Town Council and the Prosper Economic Development Corporation June 25, 2019 Agenda Item 1. Call to Order/Roll Call Agenda Item 2. Legislative Update Review of the 86th Legislative Session Rick Dennis HillCo Partners Entering the 86th Session •Democrats made significant gains in both chambers •Every statewide was re -elected, but by much smaller margins •Elected a new Speaker of the House •Critical Issues Identified: Overhauling School Finance / Increasing the state’s share Property Tax Reform Hurricane Harvey Response Senate Bill 2 The legislature, along with the Governor, Lt. Governor and Speaker of the House, made it apparent from the beginning of session that it was not “if” property tax reform would pass, but “when” and what form it would take. Both chambers designated the identical first proposals as SB 2 and HB 2, signifying their importance. Hearings on both bills were held almost as immediate as committees were formed in each chamber. Senate Bill 2 Early versions of one or both bills included such problematic components as: •Only allowing for a growth rate of 2.5% in revenue before triggering an automatic ratification election •Counting non-voted debt service payments the proposed revenue cap •Not allowing taxing entities to “bank” any unused cap space from year to year Senate Bill 2 The final product on Senate Bill 2 was certainly a disappointment for those who value local control and infrastructure spending, but the bill was improved in several ways before the final version was passed and signed into law, such as: •Growth rate was increased from 2.5% to 3.5% •A “banking” provision was inserted to allow taxing units to tap into unused cap space from the three previous budget years •Payments necessary for non -voted debt were removed from the calculation and would not count against the 3.5% cap •Accommodations were put in for taxing units in disaster declared parts of the state Local Govt. Preemption Measures The Governor and the Legislature took aim not only at local government budgeting decisions, but also those of public policy as well. Several attempts were made to strike local government’s abilities to govern non -discriminatory policies and initiatives, employee rights and relations, even the ability to regulate the number of chickens a resident can maintain on their property. While none of those mentioned bills passed, here is a look at some local government preemption bills that were enacted during the session. Regulation of Building Materials House Bill 2493 •States that municipalities may not go outside of the National Model Code •May not prohibit a particular piece of equipment or material that is not prohibited by the national model code •May not prohibit a standard or aesthetic method of construction that is allowed for by the national model code •Does carve out from the prohibition any buildings that have been designated with a historic or cultural significance, or located in a municipality’s designated main street program Residential Permit Fees House Bill 852 •Prevents municipalities from determining the amount of building and inspection permit fees based on the value of the property or the construction cost involved with the improvement project. •Allows municipalities to consider all other factors beyond property value and construction cost Ban on Red Light Cameras House Bill 1631 •Prohibits municipalities from using photographic technology to enforce applicable traffic laws and makes unenforceable any citations issued beyond the effective date of the act any citations that are issued using photographic technology •Act immediately took effect after the Governor signing it into law •Does include a provision that allows current photographic systems to continue to operate and for citations using them to be issued until the contract with the current service provider expires Designation of Historical Landmarks House Bill 2496 •Requires a municipality to either gain property owner consent before designating their property as a historical site, or to take the act via a public vote by the governing board with at least 75% voting in favor •Further sets forth necessary notifications and disclosures that must be sent to a property owner before any meeting where designating their property as a historical site is to be considered •Similar language was also passed as a component to SB 2 Rough Session. Anything Good Happen? Not all was problematic during the legislative session for municipalities. In fact, there were several legislative outcomes to be thankful for. Specifically….. •Local Debt Issuance –much was protected, only transparency bills were passed Attempts to limit debt elections to November elections only defeated No new ballot language Thresholds for voter participation and yes votes were avoided •Charter Amendment Elections –no change in procedure. Efforts to make the ballot language for a charter amendment elections go through a judicial or Secretary of State review process were not enacted More Good Things…. •Chapter 312 Agreements –were reauthorized after much work and discussion. New process will include a 30 day disclosure period for impacted property owners to have more notification, but that is the only significant change from existing program •Scope of Responsibility for Economic Development Corps –Protected and not expanded to include those functions that have been traditionally left to municipalities, like funding police and fire protection or road improvements •Eminent Domain Authority –While attempts were made, nothing was passed during the legislative session to restrict or make harder for a municipality to utilize eminent domain to acquire land necessary for a public project More Good Things…. •Strengthening TMRS –Several small, but needed cleanups and changes were made to TMRS to ensure that it will continue to meet our commitment to retired municipal employees. •Avoiding a Sales Tax Cap –Although no bills were actually filed on this topic, conversations were had early in session about conceptual ideas to require municipalities to use their year to year sales tax growth above a certain threshold on further buying down their local property tax rate. Ultimately they were not introduced, but not without a lot of work. •Maintaining the Right to Advocacy –SB 29 would have restricted the ability of municipalities to have registered lobbyists work on their behalf, but the bill was ultimately defeated on the House floor 55 -85. And The Best Thing of All… •The expiration date Prosper (and other municipalities) faced to execute a hotel convention center project under Chapter 351 of the Tax Code was removed completely. Without legislative action, Prosper would have been forced to sign a development agreement in the next 66 days or else lose their authority. Senator Pat Fallon and Rep. Scott Sanford both filed bills to extend the sunset date for all municipalities by 2 years, but with Prosper mostly in mind. Ultimately their concept was included in the omnibus hotel convention center bill signed into law by the Governor, HB 4347, but not before it was improved to simply do away with the sunset provision all together. Now Prosper can develop and execute their plan on their timeline, and not that of some arbitrary deadline. Questions? It was an eventful session on the municipal front. Many more measures beyond those focused on were introduced during the session. If further information is helpful, always feel free to contact me at: Rick Dennis, HillCo Partners rdennis@hillcopartners.com 512-480-8962 (office) 512-573-9347 (cell) Agenda Item 3. Adjourn Town Council Meeting June 25, 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. Presentations. •Administration of Oath-of-Office and Presentation of Certificate of Election. (RB) Agenda Item 4. Presentations. •Recognition of participants in the Prosper 100-Mile Challenge.(DR) 78 Completed Tracking Sheets 41,893 Total Miles Agenda Item 4. Presentations. •Presentation of Certificates of Recognition to Officer Seanna Arrendondo and Sergeant Paul Boothe of the Prosper Police Department, and recognition of all Police and Fire personnel involved in the incidents. (DK) Agenda Item 5. 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. Agenda Item 5a. Consider and act upon minutes from the following Town Council meeting. (RB) •Regular Meeting –June 11, 2019 •Special Called Meeting –June 17, 2019 Agenda Item 5b. Receive the April Financial Report (KN) Agenda Item 5c. Consider and act upon approving a Microsoft Enterprise Agreement, from SHI Government Solutions, Inc., through a Texas Department of Information Resources (DIR) Purchasing Contract; and authorizing the Town Manager to execute all related documents for the same. (LJ) Agenda Item 5d Consider and act upon a resolution authorizing the placement of orders for the purchase of replacement vehicles in FY 2019-2020 to realize current incentives related to said purchase with payment to be made from the Town’s Vehicle Equipment and Replacement Fund (VERF) in FY 2019-2020. (KN) Agenda Item 5e. Consider and act upon an ordinance amending Section I, “Construction Permits and Fees,” of Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances regarding certain residential permit fees. (TW) Agenda Item 5f. Consider and act upon an ordinance abandoning a segment of Second Street right-of-way, located between Main Street and Crockett Street. (AG) Agenda Item 5g. 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. (AG) Agenda Item 6. 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 7. Conduct a Public Hearing, and consider and act upon an ordinance amending the Old Town Insert Map of the Future Land Use Plan, from Old Town Single Family to Old Town Office, generally located on the east side of Coleman Street, between Second Street and north of Third Street. (CA19-0003). [Companion Case Z19- 0009] (AG) Agenda Item 8. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 0.3±acres from Single Family-15 (SF-15) to Downtown Office (DTO), located on the southeast corner of Third Street and Coleman Street. (Z19-0009). [Companion Case CA19-0003] (AG) Existing Old Town Insert Map Proposed Old Town Insert Map MSR O SF Existing Old Town Insert Map Agenda Item 9. Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding Farmer’s Markets. (Z19-0008). (AG) Agenda Item 10. Consider and act upon all matters incident and related to the issuance and sale of the Town of Prosper, Texas, General Obligation Bonds, Series 2019, including the adoption of an ordinance authorizing the issuance of such Bonds, approving an Official Statement, a Paying Agent/Registrar Agreement and an engagement letter of Bond Counsel. (KN) Agenda Item 11. Consider and act upon all matters incident and related to the issuance and sale of the Town of Prosper, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2019, including the adoption of an ordinance authorizing the issuance of such Certificates, approving an Official Statement, a Paying Agent/Registrar Agreement and an engagement letter of Bond Counsel. (KN) Agenda Item 12. Discussion regarding design standards for Network Nodes. (AG) Permitted Network Nodes •4752 Acacia Parkway •100 E. Broadway Street •105 S. Church Street •455 S. Craig Road •254 Prosper Commons •1164 E. Prosper Trail •2615 E. Prosper Trail •155 W. Prosper Trail •955 W. Prosper Trail •1554 W. Prosper Trail •785 Redstem Drive •655 Richland Boulevard Mounted Standalone Agenda Item 13. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.222 acres of Right-of-Way and 0.483 acres of Temporary Construction Easement situated in the L. Netherly Survey, Abstract No. 962, Town of Prosper, Denton County, Texas, necessary for the construction of the Fishtrap Road/Teel Parkway Intersection Improvements project and for other public purposes permitted by law. (PA) Agenda Item 14. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.432 acres of Right-of-Way, 0.476 acres of Temporary Construction Easement, and 1.661 acres of Slope Easement situated in the B. Hodges Survey, Abstract No. 593, J. Morton Survey, Abstract No. 793, and J. Kennedy Survey, Abstract No. 1688, Town of Prosper, Denton County, Texas, necessary for the construction of the West Prosper Road Improvements, Phase 3 (Segment E) project and for other public purposes permitted by law. (PA) Agenda Item 15. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.309 acres of Right-of-Way, 0.311 acres of Drainage Easement, and 0.065 acres of Temporary Construction Easement, and situated in the Spencer Rice Survey, Abstract Number 787, Town of Prosper, Collin County, Texas, necessary for the construction of the Victory Way (Coleman Street –Frontier Parkway) project and for other public purposes permitted by law. (PA) Agenda Item 16. Consider and act upon awarding Bid No. 2019-60-B to Quality Excavation, LTD., related to construction services for the Coleman Street Road Widening (Gorgeous –Wilson) project; and authorizing the Town Manager to execute a construction agreement for same. (PA) •Right Turn Lane Section •Continuous Left Turn Lane Section Agenda Item 17. 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: 17a.Section 551.087 –To discuss and consider economic development incentives. 17b.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 17. 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: 17c.Section 551.074 –To discuss and consider personnel matters and all matters incident and related thereto. 17d.Section 551.074 –To discuss and consider election of Mayor Pro-Tem and Deputy Mayor Pro-Tem. Agenda Item 18. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Agenda Item 19. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Discuss Town Council Subcommittee Membership. (RB) • Discuss Public Safety and Military Wall of Honor. Agenda Item 20. Adjourn.