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20210427Welcome to the April 27, 2021, 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. Library Volunteer Recognition. (LS) 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 2. Consider and act upon the minutes from the April 13, 2021, Town Council Meeting. (ML) Agenda Item 3. Consider and act upon a resolution to deny the application of Oncor Electric Delivery Company LLC for approval to amend its distribution cost recovery factor to increase distribution rates within the Town. (BP) Agenda Item 4. Consider and act upon an ordinance rezoning 9.5± acres from Planned Development-65-Single Family (PD- 65) to Office (O) District, located on the northwest corner of Mahard Parkway and Prairie Drive. (Z21- 0002). (AG) Agenda Item 5. Consider and act upon authorizing the Town Manager to execute a First Amended Development Agreement between Prosper Villages at Legacy, LLC, and the Town of Prosper, Texas, related to the Prosper Center development. (AG) Agenda Item 6. Consider and act upon an ordinance amending Subdistrict 4 of Planned Development-67 (PD-67), on 71.4±acres, generally to modify the single family development standards, and to allow for retail uses in the residential neighborhood subdistrict of the Gates of Prosper, located on the northwest corner of Preston Road and Lovers Lane. (Z21-0001). (AG) Agenda Item 7. Consider and act upon authorizing the Town Manager to execute a Development Agreement between 380 & 289, L.P., and the Town of Prosper, Texas, related to the Gates of Prosper. (AG) Agenda Item 8. Consider and act upon an ordinance amending Subdistrict 1 of Planned Development-67 (PD-67), on 44.1±acres, located on the northwest corner of US 380 and Preston Road, generally to modify the boundary, developments standards, and concept plan. (Z21- 0004). (AG) North (Front) Elevation South (Rear) Elevation –Along US 380 Side Elevations West Proposed covered parking structures Agenda Item 9. 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, including Prosper ISD Elementary School, No. 15 and Wild Fork Foods. (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 submit it to the Town Secretary prior to the meeting, or address the Council via videoconference or telephone. 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. 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 10. Consider and act upon an ordinance amending Ordinance No. 2020-71 (FY 2020-2021 Budget). (BP) Agenda Item 11. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan from Medium Density Residential to Tollway District, generally located on the south side of Frontier Parkway, east of Dallas Parkway. This is a companion case to Z20-0026. (CA20-0004). (AG) Agenda Item 12. Conduct a Public Hearing, and consider and act upon a request to amend Planned Development-69 (PD-69), on 74.3±acres, generally to amend the residential tract to allow for non-residential uses, located on the southeast corner of Dallas Parkway and Frontier Parkway. This is a companion case to CA20-0004. (Z20-0026). (AG) Agenda Item 13. Consider and act upon approving a resolution strongly opposing the proposed alignment of FM 1461 from SH 289 (Preston Road) to FM 2478 (Custer Road). (HW) •FM 1461 (Frontier Parkway)from SH 289 to FM 2478 within Prosper. •Since December 2017 Draft Schematic,staff has requested alternative sections to narrow medians,and retaining walls to minimize impacts on existing trees, landscape berms,and even an underground water line adjacent to Gentle Creek.Also mitigate the right-of-way needed on the south side of the roadway adjacent to all existing developments. •June 2018 Schematic showed alignment that removed right turn lane at Winding Creek and shifted proposed centerline south of existing centerline east of Coit Road .Included design of new bridge south of the existing bridge east of Gentle Creek. •During 2019 and 2020 design review,staff continued requesting more information on impacts to fences,trees,landscaping,stone walls and other features. Resolution: •Staff requesting Council approve this Resolution to strongly oppose the proposed alignment of FM 1461 within Prosper. •Direct staff to have no further coordination with TxDOT or any other entity related to the proposed alignment of FM 1461 within Prosper. •Request TxDOT stop all negotiations on proposed rights-of-way until an alternative design is considered to address the Town’s comments. Agenda Item 14. Consider and act upon awarding RFP No. 2021-35-B Construction Manager-At -Risk for Public Safety Complex Phase 2 (Central Fire Station and Fire Administration) to Pogue Construction Co., LP; and authorizing the Town Manager to execute documents for the same. (SB) TOWN OF PROSPER PROPOSAL TABULATION SUMMARY Solicitation Number RFP No. 2021-35-BSolicitation Title Construction Manager-At-Risk for Public Safety Complex Phase 2 (Central Fire Station and Fire Administration) Close Date 03/22/2021 2:00PM Responding Contractor Pre-Construction Services Fee Construction Services Fee General Conditions Total Proposal AUI Partners, LLC $ 5,500.00 3.00%$ 697,760.00 $ 1,132,260.00 Byrne Construction Services $ 15,000.00 1.95%$ 606,499.88 $ 900,349.88 CORE Construction Services of Texas, Inc.$ 20,000.00 2.50%$ 812,784.10 $ 1,190,284.10 Crossland Construction Company, Inc.$ 5,000.00 2.75%$ 639,876.00 $ 1,038,126.00 Key Construction $ 5,000.00 3.00%$ 672,069.98 $ 1,106,069.98 Pogue Construction Co., LP $ 20,000.00 1.49%$ 629,874.56 $ 862,944.56 Tegrity Contractors $ 10,777.00 3.477%$ 592,777.00 $ 1,100,765.00 **All bids/proposals submitted for the designated project are reflected on this tabulation sheet.However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive.The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents.The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. Certified by: January M. Cook, CPPO, CPPB Certified On:March 22, 2021 Purchasing Manager Town of Prosper, Texas Public Safety Complex Phase 2 (Central Fire Station and Fire Administration) Construction Project (Budget Summary as of April 27, 2021) Public Safety Proposition (Passed in November 2020 Bond Election): The issuance of $30,000,000 tax bonds by the Town of Prosper,Texas for Public Safety Facilities in the Town,consisting of fire stations,an emergency operations center,a public safety training facility and administrative facilities relating thereto. Distribution is as follows: -Central Fire Station: $ 18,000,000.00 -Fire Station No. 4:$ 6,000,000.00 -Public Safety Training Facility Phase 1:$ 6,000,000.00 Budget for Central Fire Station Project Budget Expenditures and Encumbrances to Date Balance Professional Services Budget $ 1,605,000.00 $ 1,523,100.00 $ 81,900.00 Other Development Costs $ 820,000.00 $ 8,250.00 $ 811,750.00 Construction of Facility (Guaranteed Maximum Price)$ 14,300,000.00 $ 630,051.72 $ 13,669,948.28 Furniture, Fixtures & Equipment $ 1,275,000.00 $ -$ 1,275,000.00 Total Project $ 18,000,000.00 $ 2,161,401.72 $ 15,838,598.28 Note: Expenditures include CMAR General Conditions Cost Fee and Pre-Construction Services Fees 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 and consider personnel matters and all matters incident and related thereto. The Town Council Meeting will resume after the Executive Session. 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 15. Thoroughfare Plan Amendment (Football Discussion). (DH) In 2010,the Town’s Thoroughfare Plan was amended at the request of the adjacent property owners showing the alignments of Prairie/Shawnee Drives and Mahard/Lovers Lane curving into one another to facilitate traffic in the area. The Planned-Development for Prosper West was amended in 2017 and followed with a Preliminary Site Plan showing a squared-up intersection and considered a roundabout with the condition that the Thoroughfare Plan be amended and a traffic study provided. •In 2019,MSW expressed interest in proceeding with Thoroughfare Plan Amendment.At same time property owner to the northwest of the ‘football’expressed similar interest in amending thoroughfare plan. •Since the proposed change was initiated by the developers/property owners,they were responsible to conduct a TIA to show the change would not be detrimental with respect to circulation •In 2020,staff and property owners engaged Deshazo Group,Inc.,to perform study on realigning the four arterial roadways that make up the ‘football’and look at certain intersection treatment (i.e.roundabouts) •Traffic Study is complete and supports the following recommendation: Agenda Item 16. Legislative Update. (RB) Legislative Agenda •Adopted by Council on November 24, 2020 •Purpose: •Convey legislative initiatives to the Town’s legislative delegation •Establish an official position statement on key issues •Use as a communication tool with legislators and residents Components 1.Legislative Philosophy •Guiding principles 2.Legislative Initiatives •Competitive Sealed Proposal (CSP) for horizontal projects 3.Legislative Priorities •Bills to Support •Bills to Oppose www.prospertx.gov/legislative-affairs •Transportation •Development •Public Safety •Economic Development •Financial Strength •Smart Cities/Broadband Access •Water Resources •Recreational and Cultural Resources •Open Government •Elections •Local Control Legislative Priorities Legislative Timeline Staff prepares a draft Legislative Agenda based on Council feedback and staff recommendations –November 10, 2020 Council adopts Legislative Agenda –November 24, 2020 Legislative visits –December 2020 CSP Legislation filed in House and Senate –March 12, 2020 Legislative advocacy –in progress •HB 4229 (Rep. Sanford) / SB 1812 (Sen. Springer) •Delegates testified in House Urban Affairs Hearing on April 21 •Left Pending in Committee •Bill has the support of TML and the Town’s legislative delegation Update on CSP Legislation •Broadband Deployment –HB 5 (Ashby) / SB 5 (Nichols) •Newspaper Notices –HB 2578 (Leach) •Sales Tax Sourcing –HB 4072 (Meyer) •Open Meetings Act –SB 768 (Patterson) •Open Meetings Act –SB 861 (Paxton) Bills to Support •Property Tax-Supported Debt –HB 1869 (Burrows) •Revenue Caps –HB 1391 (Middleton) •Ballot Language Review –HB 782 (Swanson) •Uniform Election Dates –HB 2640 (T. King) •Partisan City Elections –HB 2092 (Sanford) Bills to Oppose Council Feedback and Direction Adjourn.