20211109Welcome to the November 9, 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.
Agenda Item 1.
Consider and act upon the minutes from the October
26, 2021, Town Council meeting. (MLS)
Agenda Item 2.
Receive the September Financial Report. (BP)
Agenda Item 3.
Receive the Quarterly Investment Report. (BP)
Agenda Item 4.
Consider and act on an ordinance amending Section
10.03.051, “Franchise Utilities,” of Article 10.03,
“Subdivision Ordinance,” of Chapter 10, “Subdivision
Regulation,” of the Code of Ordinances, related to Fiber
Optic Communications. (AG)
Agenda Item 5.
Consider and act upon authorizing the Town Manager
to execute an Interlocal Agreement for Fire Protection
Services with Denton County Fresh Water District
No.10 for the Artesia Area. (SB)
Agenda Item 6.
Consider and act upon an ordinance amending Section
5.02 of the Town of Prosper Personnel Policies and
Procedures Manual regarding vacation leave for
members of the Fire and Police Departments as
required by Local Government Code 142.0013 and
increasing the maximum vacation accrual limit for all
employees. (JE)
Agenda Item 7.
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 LIV Multifamily. (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.
Agenda Item 8.
Conduct a public hearing and consider and act upon a
request for a Sign Waiver at 101 E. Broadway Street
(Prosper Chiropractic), regarding downtown signs,
located on the northeast corner of Broadway Street
and Coleman Street. (MD21-0010) (AG)
Agenda Item 9.
Conduct a public hearing and consider and act upon a
request for a Sign Waiver for CareNow, in the Gates of
Prosper, regarding a monument sign, located on the
east side of Preston Road, north of Lovers Lane. (MD21-
0011) (AG)
Agenda Item 10.
Consider and act upon authorizing the Town Manager
to execute an agreement between the Town of Prosper,
Texas, and Brown Reynolds Watford Architects, Inc.,
related to architectural and engineering design services
for the Fire Station No. 4. (SB)
Agenda Item 11.
Receive an update regarding the Central Fire Station
and Fire Administration Construction project. (SB)
Agenda Item 12.
Receive an update regarding the Irrigation Systems
Ordinance. (BC)
Irrigation Systems-
New Ordinance for Town Council
Consideration
•Prosper Strategic Plan Action
•Pursuant to Section 551.006 of the Texas
Local Government Code
•Municipalities with Population >20,000
•Water Conservation
•Protection of Water Supply
41
•Proper licensing requirements for professionals
that install irrigation systems
•Permitting requirements for the installation of
new systems
•Irrigation plan requirements to ensure that the
irrigation systems are designed, installed, and
maintained in a way that promotes water
conservation.
•Completion documents at the end of irrigation
installation that confirm the installation was in
accordance with the ordinance and industry
requirements.
42
Irrigation Systems Ordinance-2
Part Adoption Process
Part 1-Fall 2021
New irrigation systems requirements in
accordance with the Texas Local
Government Code
43
Backflow Assembly
Requirements-
Coming Soon!
Fall 2022
In accordance with Texas
Commission on Environmental
Quality (TCEQ ) Rules
For Irrigation systems designed or
installed on a property served by on-
site sewage facility
Reduced pressure backflow
prevention assembly (a.k.a. RPZ or
RP) required
Irrigation Ordinance-
Part 2
Irrigation Ordinance-Part 2
TCEQ Requirements:
•TAC 30 344.52 (a) If an irrigation system
is connected to a potable water supply
and requires major maintenance,
alteration, repair, or service, the system
shall be connected to the potable water
supply through an approved, properly
installed backflow prevention method
as defined in this title before any major
maintenance, alteration, repair, or
service is performed.
Irrigation Ordinance-
Part 2
Public Outreach
•Town staff will be meeting with HOA leaders of the
affected neighborhoods to inform them of the
update.
•Homeowners will be notified by their preferred way
of contact, according to Utility Billing data.
•This is anticipated to go to the Town Council after
public outreach has been completed.
•Once approved, this ordinance would require
that once the existing backflow assembly is no
longer repairable in-ground, it must be replaced
with a reduced pressure principal backflow
prevention assembly.
Agenda Item 13.
Discussion regarding Swimming Pool and Spa Code
adoption. (BC)
Pool & Spa Code Ordinance Update:
•Repeal current pool and spa code
•Adopt 2021 ISPSC with NCTCOG Amendments
Reasons for Update:
•Current ordinance is from 2006 and was primarily intended for
residential pools and spas
•HB 2858 made the 2018 ISPSC the municipal swimming pool and
spa code in the state effective 9/1/20 (86th Legislative Session)
•HB 2205 allows for municipalities to adopt a more recent version
effective 9/1/21 (87th Legislative Session)
•In line with a future proposal to update all codes to 2021
International Codes next fiscal year to maintain ISO rating
Key Components:
•Allows Building Inspections to better assist Health in the
inspection of Public Swimming Pools
•Provides codes for Aquatic Recreational Facilities (splash pads)
•Increases uniformity within the region regarding pool codes
•NCTCOG amendments remove conflicts with existing laws for
public swimming pools
•Pool setbacks will remain the same as previous (3’)
Agenda Item 14.
Discussion regarding the General Obligation Refunding
Bonds. (HJ)
2012 Refunding Options
•Option 1 –Proceed with the refunding as presented utilizing $2M of
the Debt Service fund balance towards the General Debt Service
portion of the outstanding debt.
•Option 2 -In addition to the $2M contribution from the Debt Service
fund balance,utilize General Fund balance ($433,581)to pay off the
remainder of the General Debt Service portion of the outstanding
debt.Proceed with debt issuance refunding of the water/sewer and
drainage Certificates.
•Option 3 -Pay off all outstanding debt with Debt Service fund balance
($2M),General fund balance ($433,581),Water/Sewer fund balance
($2,618,251),and Drainage fund balance ($536,449).
FUND BALANCE AND RESERVE POSITIONING
FUND ACCOUNT TYPE
ACTUAL
2019-2020
AMENDED BUDGET
2020-2021
ACTUAL TO DATE
2020-2021
ADOPTED BUDGET
2021-2022
REVENUES
TOTAL REVENUES 33,181,348$ 36,430,243$ 39,372,679$ 37,297,081$
EXPENDITURES
TOTAL EXPENDITURES 29,139,608$ 38,591,231$ 34,199,716$ 41,142,021$
Net Period Excess/(Deficit) 4,041,740$ (2,160,988)$ 5,172,962$ (3,844,940)$
NET CHANGE IN FUND BALANCE 4,041,740$ (2,160,988)$ 5,172,962$ (3,844,940)$
BEGINNING FUND BALANCE 9,881,492$ 13,923,232$ 13,923,232$ 19,096,194$
ENDING FUND BALANCE 13,923,232$ 11,762,244$ 19,096,194$ 15,251,254$
BALANCE OF UNRESTRICTED FUNDS 13,923,232$ 11,762,244$ 19,096,194$ 15,251,254$
Less: Contingency per Charter 5,827,922 7,718,246 6,839,943 8,228,404
5% Reserve 1,456,980 1,929,562 1,709,986 2,057,101
AMOUNT OVER (UNDER) MINIMUM RESERVE TARGET 6,638,330$ 2,114,436$ 10,546,265$ 4,965,749$
% AMOUNT OVER MINIMUM RESERVE TARGET 23%5%31%12%
AMOUNT OVER (UNDER) IN DAYS OPERATING COST 82 20 111 43
General Fund Summary
NET ASSETS AND RESERVE POSITIONING
FUND ACCOUNT TYPE
ACTUAL
2019-2020
AMENDED BUDGET
2020-2021
ACTUAL TO DATE
2020-2021
ADOPTED BUDGET
2021-2022
REVENUES
TOTAL REVENUES 26,102,101$ 24,504,693$ 26,179,104$ 30,454,845$
EXPENDITURES
TOTAL EXPENDITURES 26,164,371$ 24,593,130$ 22,767,594$ 30,201,240$
Net Income (Loss)(62,270)$ (88,437)$ 3,411,510$ 253,605$
CHANGE IN NET ASSETS (62,270)$ (88,437)$ 3,411,510$ 253,605$
BEGINNING NET ASSETS 6,929,669$ 6,867,399$ 6,867,399$ 10,278,909$
ENDING NET ASSETS 6,867,399$ 6,778,962$ 10,278,909$ 10,532,514$
1.25 times Debt Service Reserve Limit 1.75 1.83 2.78 2.84
AMOUNT OVER (UNDER) IN DAYS OPERATING COST 94 99 163 126
Water and Sewer Fund Summary
FUND BALANCE
FUND ACCOUNT TYPE
ACTUAL
2019-2020
AMENDED BUDGET
2020-2021
ACTUAL TO DATE
2020-2021
ADOPTED BUDGET
2021-2022
REVENUES
TOTAL REVENUES 682,786$ 715,200$ 746,764$ 763,300$
EXPENDITURES
TOTAL EXPENDITURES 527,673$ 648,269$ 566,033$ 1,367,339$
Period Excess / (Deficit)155,113$ 66,931$ 180,731$ (604,039)$
NET CHANGE IN FUND BALANCE 155,113$ 66,931$ 180,731$ (604,039)$
BEGINNING FUND BALANCE 477,466$ 632,579$ 632,579$ 813,310$
ENDING FUND BALANCE 632,579$ 699,510$ 813,310$ 209,271$
AMOUNT OVER (UNDER) IN DAYS OPERATING COST 432 388 517 55
Stormwater Drainage Utility Fund Summary
FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22
GENERAL FUND 4,671,997$ 3,525,000$ 1,250,000$ 3,885,225$ 4,405,000$
WATER/SEWER FUND 2,000,000$ 350,000$ 4,126,507$ 471,250$ 4,000,000$
STORMWATER FUND -$ -$ -$ 100,000$ 763,323$
HISTORICAL USE OF FUND BALANCE FOR CAPITAL EXPENDITURES
First Street Right of Way Acquisition 1,464,000 Silo Purchase 763,000
DNT Road Improvements 659,184 Apparatus for Fire Station 3 1,810,000
Prosper Trail (Coit - Custer)1,378,813 In-Car Camera and Body worn Cameras 387,225
Windsong Road Repairs 920,000 Prosper Trail Median Landscape 275,000
Highway 289 Gateway Monument 250,000 Coleman Median Landscape 650,000
4,671,997$ 3,885,225$
Public Safety Furniture, Fixtures, and Equipment 1,500,000 Quint Engine Fire Station 4 1,100,000
Aerial Ladder Truck 1,650,000 Lakewood Park Lighting 1,545,000
Coleman (Gorgeous-Prosper Trail)375,000 Coleman (Gorgeous-PHS) Design 450,000
3,525,000$ Coleman (Gorgeous-PHS) Land Acquisition 625,000
Legacy (Prairie-Fishtrap) Design 575,000
Additional Funds Fire Station 3 Apparatus 110,000
4,405,000$
Prosper Trail (Coit-Custer)1,250,000
1,250,000$
FY 19/20
HISTORICAL USE OF FUND BALANCE FOR CAPITAL EXPENDITURES
FY 18/19
FY 17/18 FY 20/21
GENERAL FUND
FY 21/22
Land Purchase (Public Works Facility)2,000,000 Water Meter and MTU Upgrades 471,250
2,000,000$ 471,250$
EW Collector Cook Ln Water Line 250,000 12" Water Line Frontier (Preston-Custer)4,000,000
Church/Parvin Water Line Relocation 100,000 4,000,000$
350,000$
Custer Rd Meter Station and Water Line Relocation 3,576,507
Cook Lane Water Line Relocation 400,000
Broadway (Craig-Parvin) Water Line Relocation 150,000
4,126,507$
FY 19/20
WATER AND SEWER FUND
HISTORICAL USE OF FUND BALANCE FOR CAPITAL EXPENDITURES
FY 17/18 FY 20/21
FY 18/19 FY 21/22
Next Steps -Refunding
•Staff Recommendation of Option 2
•Parameters Ordinance approval -November 23rd
•Budget Amendment to allocate $443,581 from General Fund
fund balance -November 23rd
Agenda Item 15.
Discussion regarding the November Strategic Planning
discussion. (HJ)
Executive Session
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 there to.
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.
Adjourn.