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20190910Welcome to the September 10, 2019, 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 of recent and upcoming events. Presentations. Agenda Item 1. Presentation of a Proclamation to members of the Preston Ridge Chapter of the Daughters of the American Revolution declaring September 17-23, 2019, as Constitution Week. (RB) Agenda Briefing Questions About Items Listed on the Regular Meeting Agenda. Discussion Items. Agenda Item 2. Discussion on Revised Empowerment Zones and Architectural Standards for the Downtown Commercial and Residential Areas. (JW) Neighborhood Empowerment Zone (NEZ) Authorization & Purpose oAuthorized by Chapter 378 of the Texas Local Government Code oMust Satisfy the Requirements of the Texas Tax Code oEncourage Private Investment in New Housing and Businesses Adopted November, 2009 In Effect for 10 Years Adopted January, 2014 In Effect for 10 Years Neighborhood Empowerment Zone (NEZ) Incentives oAutomatic Waiver of 75% of Building Permit Fees including Electrical, Plumbing, Mechanical, and Certificate of Occupancy oAutomatic Waiver of 75% of Roadway, Water, and Wastewater Impact Fees oMay abate 100% of Municipal Property Taxes for 10 years oMay refund 60% of Municipal Sales Taxes for 10 years Neighborhood Empowerment Zone (NEZ) Incentive Examples New 2,500 sq. ft. Home Fee Current Amount With NEZ Reduction Building Permit $2,110.00 $527.00 Impact Fees $11,232.00 $2,808.00 Subtotal $13,342 $3,335.00 Optional 10-year Town Property Tax Abatement $1,949.00/yr $19,490.00 savings Neighborhood Empowerment Zone (NEZ) Incentive Examples New 7,300 sq. ft. Office Building Fee Current Amount With NEZ Reduction Building Permit $5,285.00 $1,321.00 Impact Fees $35,047.00 $8,762.00 Subtotal $40,332.00 $10,083.00 Optional 10-year Town Property Tax Abatement $6,094.00/yr $60,940.00 savings Neighborhood Empowerment Zone (NEZ) Proposal oRenew Both Zones as One Zone o In response to HB 2439 (Pre-empting Building Materials) Voluntary Agreement between Property Owner/Developer and the Town to Meet Development Standards to Receive Incentives Property Tax Abatement and Sales Tax Refund on case-by- case consideration Recent Single Family Development in Downtown Area Downtown Single Family (DT-SF) Zoning District Permits up to 90% Hardie-Board Façade – Continued Allowance? Downtown Office (DTO) Zoning District Permits up to 90% Hardie-Board Façade –Continued Allowance? Downtown Core Retail Area Proposed Architectural Standards/Images Heavier Materials BelowUndulating Roof Line Operable Windows/Overhead Doors Awnings and Window Areas Cornices Roof Top Dining Balconies over Sidewalk Consideration of Unique Design/Alternate Materials on a Case-by-Case Basis Neighborhood Empowerment Zone (NEZ) Questions? Agenda Item 3. Discussion on the Town Hall Lobby Art project. (RB) Southeast Wall Conceptual image Northeast Wall Northwest Wall Northwest Wall Conceptual image 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 4. Consider and act upon the minutes from the August 27, 2019, Town Council meeting. (RB) Agenda Item 5. Consider and act upon a resolution designating The Prosper Press as the official newspaper of the Town of Prosper, and The Dallas Morning News as an alternative advertising source, for Fiscal Year 2019-2020. (RB) Agenda Item 6. Consider and act upon adopting the FY 2019-2020 Prosper Economic Development Corporation budget. (RS) Agenda Item 7. Consider and act upon an ordinance approving a tariff authorizing an annual rate review (RRM) mechanism settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation regarding the Company’s 2019 rates set by the settlement as a substitution for the annual interim rate adjustment process defined by section 104.301 of the Texas Utilities Code. (KN) Agenda Item 8. Consider and act upon approving an Amendment to the Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorizing the Town Manager to execute the same. (CS) Agenda Item 9. Consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Town’s Code of Ordinances by adopting a new Article 13.13, “Wastewater Inflow Prevention Plan”; and adopting a Wastewater Inflow Prevention Plan. (FJ) Inflow -Storm water that enters into wastewater system at points of direct connection to the systems. Various sources contribute to the inflow including open wastewater pipes, unprotected manholes, and openings in wastewater lines. Due to large inflow during rain events, the Town of Prosper is in need of a Wastewater Inflow Prevention (WIP) Plan. The measures included in the WIP Plan are intended to provide non-domestic users of the wastewater collection system standards, education and guidelines for reduction of inflow to protect the public wastewater system of the Town of Prosper. Description. Large Flow Events Amount in MGD Cost to Treat Rain Fall in Inches October 10, 2018 3.4 $6,900 2.7 October 14, 2018 6.4 $13,600 2.7 October 20,2018 10.9 $23,700 1.7 December 26, 2018 1.9 $3,500 3.5 April 23, 2019 1.3 $2,100 1.5 May 18, 2019 0.44 $200 2.7 June 1, 2019 0.347 $0 1.7 *Typical flow is 0.375 –0.400 MGD Actual Inflow Occurrences Actual Inflow Occurrences During construction, all connections to live collection lines shall be protected from inflow. Proper construction practices and materials shall be utilized and maintained to eliminate inflow during construction. Residential and commercial builders are not exempt. All plumbing roughs are required to utilize a screw-in type test ball until inspections have been completed. A test tee plug is required post-inspection. Investigation of inflow conditions, inspections of construction, and enforcement of these standards will apply at all times during construction. Description Cont. The objectives of the WIP Plan are as follows: •To reduce the amount of inflow entering the public wastewater system. •To reduce the possibility of a Sanitary Sewer Overflow (SSO). •To reduce the amount of wastewater sent for treatment. •To extend the life of current wastewater system by delaying the need to expand infrastructure. Description Cont. Administrative Fees. Description Fee Non-Plugged Wastewater Lines & Manholes to System First Offense Second Offense Third and Subsequent Offense $500 Connection/Day $750 Connection/Day $1,000 Connection/Day Wastewater Services Open/Broken First Offense Second and Subsequent Offense $100 Lot/Day $200 Lot/Day Service Inflow from Plumbing Installation First Offense Second Offense Third and Subsequent Offense $250 Lot/Day $400 Lot/Day $500 Lot/Day *Offenses will be reset in January of even numbered years. Town staff recommends that the Town Council consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Town’s Code of Ordinances by adopting a new Article 13.13, “Wastewater Inflow Prevention Plan”; amending Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances by adopting a new Section XXII, “Wastewater Inflow Enforcement Fees”; adopting a Wastewater Inflow Prevention Plan; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Recommendation. Agenda Item 10. Consider and act upon authorizing the Town Manager to execute an Amendment to the First Amended Interlocal Agreement by and between the Town of Prosper, Texas and Collin County, Texas for the facility construction and use of an animal shelter in Collin County. (JW) Agenda Item 11. Consider and act upon authorizing the Town Manager to execute Amendment Thirteen to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2019- 2020, relating to Animal Control Services. (JW) Agenda Item 12. Consider and act upon an ordinance abandoning a portion of Fishtrap Road prescriptive right-of-way, located north of the intersection of Fishtrap Road and Gee Road, north of US 380. (AG) Exhibit AFishtrapRoad Segment Abandonment Agenda Item 13. Consider and act upon an ordinance abandoning portions of Good Hope Road prescriptive right-of-way, located north of US 380 and south of a point 150 feet north of Mill Branch Drive. (AG) Exhibit APortions of Good Hope Road Abandonment Agenda Item 14. Consider and act upon an ordinance abandoning a portion of S. Coleman Street right-of-way, located south of First Street, north of Preston Road. (AG) Exhibit APortions of S. Coleman Street Abandonment Agenda Item 15. 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) 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. Regular Agenda If you wish to address the Town Council, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary, preferably before the meeting begins. 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. For individuals wishing to speak on a non-public hearing item, they may either address the Council during the Citizen Comments portion of the meeting or when the item is considered by the Town Council. Items for Individual Consideration Agenda Item 16. Conduct a Public Hearing, and consider and act upon an ordinance to amend Planned Development-33 (PD-33), on 127.9±acres, located on the southwest corner of Prosper Trail and Cook Lane, to allow for the expansion of a House of Worship (Prestonwood Baptist Church), including a Private School and Gymnasium. (Z19-0012). (AG) Agenda Item 17. Consider and act upon an ordinance adopting the Fiscal Year 2019-2020 Annual Budget for the fiscal year beginning October 1, 2019, and ending September 30, 2020. (KN) Changes in General Fund Appropriations •Fire •Removed the 6 new FF positions due to Grant Supplanting •Will bring this back upon Grant notification. •Parks •Added $50,000 for Downtown Live Event •Reduced Frontier Park Storage Buildings from $285,000 to $147,927 –net reduction of $137,073 •Administration •Reduced Consulting Services for Enterprise Software to $50,000 for FY 2020 and FY 2021 planned $50,000 to assist in implementation services. 76 Other Changes from Proposed Budget •Park Improvement Fund –added PISD Frontier Park Agreement appropriation of $15,955 •Special Revenue Fund •Added $50,000 to Tree Mitigation appropriations due to agreements with Developers and fines incurred. •Added $5,000 to Court Technology appropriates due to new State law requiring CJJIS reporting. This requires the Court/Police to capture fingerprinting for Class C assaults involving family violence. 77 Agenda Item 18. Consider and act upon an ordinance adopting the Town of Prosper 2019 Property Tax Rate. (KN) Levying taxes for the fiscal year beginning October 1, 2019 and ending September 30, 2020, at a rate of $0.52 per One Hundred Dollars assessed value. 2019 Property Tax Rate Distribution $0.367500 for Maintenance and Operations (M&O Rate) $0.152500 for Debt Service (I&S Rate) $0.520000 Total Tax Rate 79 Agenda Item 19. Consider and act upon a resolution adopting the Fiscal Year 2019-2020 Capital Improvement Program. (HW) CAPITAL IMPROVEMENT PROJECTS FY2020 STREET Prosper Trail (Kroger –Coit): (Construction) $ 190,846 West Prosper Roads Improvements: (Design & Construction) $ 3,404,618 Gates of Prosper, TIRZ 1 (Richland, Lovers Lane Detention)$ 3,125,025 Victory Way (Coleman –Frontier): (Construction)$ 2,250,000 Prosper Trail (Coit –Custer) -2 lanes: (Design & Construction)$ 6,000,000 FM 2478 (US 380 –FM 1461): (ROW Payment)$ 69,000 Coleman Street (at Prosper HS): (Construction by First Texas Homes)$ 90,000 Fishtrap Segment 1 (Teel –Middle School): (Construction)$ 1,190,000 Coit Road and US 380 (Southbound Right Turn Lane): (Construction)$ 35,000 Prosper Trail / DNT Intersection Improvements: (Construction)$ 1,600,000 Fishtrap (Teel Intersection Improvements): (Construction) $ 1,350,000 Cook Lane (First –End): (Construction) $ 2,100,000 First Street (Coit –Custer) –4 lanes: (Design, no ROW)$ 1,000,000 Fishtrap (Teel –Gee Road): (Design by Tellus)$ 400,000 Gee Road (Fishtrap –Windsong Retail): (Design by Tellus)$ 250,000 Fishtrap (Elem –DNT) –4 lanes: (Design, no ROW)$ 700,000 Coit Road (First –Frontier) –4 lanes: (ROW Acquisition)$ 800,000 Teel (US 380 Intersection Improvements): (Design)$ 100,000 $24,654,489 TRAFFIC Traffic Signal –Fishtrap & Teel Parkway: (Construction)$ 300,000 Traffic Signal –Fishtrap & Gee Road: (Design)$ 50,000 Traffic Signal –Fishtrap & Gee Road: (Construction)$ 300,000 Traffic Signal –SH 289 & Lovers: (Design & Constr. TIRZ #1) $ 350,000 Traffic Signal –Coit & Richland: (Desig)$ 50,000 Traffic Signal –Coit & Richland: (Construction)$ 300,000 Traffic Signal –Fishtrap & Windsong Parkway: (Design) $ 50,000 $1,400,000 PARK Hays Park: (Design)$ 35,000 Pecan Grove Irrigation: (Design & Construction)$ 85,000 Star Trail Park #2: (Construction)$ 535,000 Pecan Grove Phase 2: (Design)$ 67,500 Windsong H&B Trail Phases 3C,5,6A,6B,7,8, and 9: (Construction)$ 450,524 Pecan Grove H&B Trail: (Design)$ 30,000 Star Trail H&B Trail Phases 1,2,3 and 4: (Construction)$ 100,000 Whitley Place H&B Trail (Power Esmnt): (Design) $ 10,000 Whitley Place H&B Trail (Power Esmnt): (Construction) $ 270,000 Frontier Park Storage: (Design & Construction) $ 147,927 $ 1,730,951 WATER Custer Road Meter Station and Water Line Relocations: (Non-Reimb. $300k)$ 2,501,275 Cook Lane (First -End): (Construction)$ 400,000 Broadway (Parvin –Craig): (Construction)$ 150,000 $ 3,051,275 WASTEWATER Church / Parvin Wastewater Reconstruction: (Construction) $ 100,000 $ 100,000 DRAINAGE Old Town Drainage –Church & Parvin: (Construction) $ 460,000 Old Town Regional Retention –Broadway: (Construction)$ 622,765 Frontier Park / Preston Lakes Drainage: (Design)$ 100,000 $ 1,182,765 Agenda Item 20. Consider and act upon an ordinance amending various Town Fees; amending Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by Amending Section V, “Development Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by adding thereto a new subsection (2), “Engineering Plan Review Fees,” and a new subsection (3), “Third Party Geotechnical and Material Testing Fee”; repealing existing Section IX, ”Water and Sewer Rates,” and replacing it with a new section IX, “Water and Sewer Rates.” (KN) Agenda Item 21. Discussion on the Downtown Open Space. (DR) 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: Section 551.087 –To discuss and consider economic development incentives. 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 appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Agenda Item 22. Discuss Development and Infrastructure Fees. (JW/HW) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Agenda Item 23. Discuss Tailgate Party. (RB) Adjourn.