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09.26.17 Town Council Regular Meeting PacketPage 1 of 4 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3.Announcements of recent and upcoming events. 4.Presentations. •Presentation of a Proclamation to members of the Prosper Police and Fire Departments declaring October 3, 2017, as National Night Out. (RB) •Demonstration of the myPROSPER Mobile App. (LJ) 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.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB) •Special Meeting – September 5, 2017 •Regular Meeting – September 12, 2017 5b. Consider and act upon a resolution amending Resolution No. 10-64 and Resolution No. 10-104 relative to the Employee Benefits Trust. (KN) 5c. 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 2017-2018. (RB) 5d. Consider and act upon adopting the FY 2017-2018 Prosper Economic Development Corporation budget. (RS) 5e. 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 0.359 acres of real property, situated generally in the Bryants First Addition, Block 7, in the Town of Prosper, Collin County, Texas, necessary for the construction of the First Street Project and for other public purposes permitted by law. (HW) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, September 26, 2017 6:00 p.m. Page 2 of 4 5f. 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 0.479 acres of real property, situated generally in the Elisha Chambers Survey, Abstract No. 179, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Prosper Trail (Kroger – Coit) Project and for other public purposes permitted by law. (HW) 5g. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between North Texas Municipal Water District and the Town of Prosper, Texas, regarding the Regional Capacity Management, Operations and Maintenance (RCMOM) Program. (FJ) 5h. Consider and act upon authorizing the Town Manager to execute Amendment Eleven to the Interlocal Agreement between Collin County and the Town of Prosper, Texas, extending the agreement through FY 2017-2018, relating to Animal Sheltering Services. (JW) 5i. Consider and act upon authorizing the Town Manager to execute Amendment Eleven to the Interlocal Agreement between Collin County and the Town of Prosper, Texas, extending the agreement through FY 2017-2018, relating to Animal Control Services. (JW) 5j. Conduct a Public Hearing, and consider and act upon a request to rezone 2.5+ acres from Downtown Retail (DTR) to Planned Development-Downtown Retail (PD-DTR) to facilitate the development of a food truck park and outdoor entertainment venue (Silo Park), located on the northeast corner of W. Broadway Street and McKinley Street. (Z17-0009). (AG) 5k. 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) 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. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. Page 3 of 4 PUBLIC HEARINGS: 7.Conduct a Public Hearing, and consider and act upon a request for a Variance to Section 1.09 of the Sign Ordinance, regarding Wall Signs, for Texas Bank, located on the northwest corner of First Street and Preston Road. (V17-0007). (AG) 8.Conduct a Public Hearing, and consider and act upon a request to rezone 47.9± acres from Agriculture (A) to Planned Development (PD), for a Prosper ISD (PISD) athletic complex with a multi-sport stadium and a natatorium, located on the south side of Frontier Parkway, 460+ feet west of the Burlington Northern-Santa Fe Railroad (BNSF) right-of- way. (Z17-0008). (AG) 9.Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 4, Section 2 of the Zoning Ordinance, regarding landscaping maintenance. (Z17-0011). (AG) DEPARTMENT ITEMS: 10.Consider and act upon approving the purchase of lighting and installation services for the Eagles Landing Park and Folsom Park lighting project, from Musco Lighting LLC through the Texas Local Government and Cooperative. (DR) 11.Consider and act upon authorizing the Town Manager to execute the First Amendment to an Agreement between Prosper Independent School District and the Town of Prosper, Texas, related to the installation of lights at Eagles Landing Park. (DR) 12.Discussion on proposed Detention/Retention requirements in the Drainage Design Standards. (DH) 13.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: 13a. Section 551.087 – To discuss and consider economic development incentives. 13b. 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. 13c. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. 14.Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 15.Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. •Urban Transit Service (HW) •Gateway Monument Design Update (HW) Page 4 of 4 16.Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on September 22, 2017, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569- 1011 at least 48 hours prior to the meeting time. Page 1 of 3 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order 5:30 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Deputy Mayor Pro-Tem Jason Dixon Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Senior Planner Steve Glass, Deputy Director of Engineering Services Dudley Raymond, Parks and Recreation Director Leslie Scott, Library Director Kelly Neal, Finance Director Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief PUBLIC HEARINGS: 2.Conduct a Public Hearing to consider and discuss the FY 2017-2018 Budget, as proposed. (KN) 3.Conduct a Public Hearing to consider and discuss a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 8.45 percent. (KN) Mayor Smith opened Items 2 and 3 concurrently. Finance Director Kelly Neal presented both item before the Town Council. Ms. Neal reviewed the changes made to the FY 2017-2018 Proposed Budget since the last Public Hearing, which includes additional funding for road repairs in Windsong Ranch. The proposed tax rate $0.52 per $100 valuation, and no changes have been made to the Water, Sewer, and Drainage fund estimates since the last Public Hearing. Ms. Neal MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, September 5, 2017 Item 5a(i) Page 2 of 3 provided an overview of the changes to the CIP and the associated debt service estimates. Responding to a question from the Town Council, Ms. Neal stated that water, sewer and drainage fees are maintained separately from the General Fund, and are intended to be self-sustaining to fund the Town’s water, sewer and drainage utility services. Property tax and sales tax revenue is directed to the Town’s General Fund. Hulon Webb, Executive Director of Development and Community Services, continued the presentation with an update on road repairs within Windsong Ranch. He presented a map showing the locations of road failures within the subdivision, which areas will be repaired using soil stabilization, and which areas of pavement will be removed and replaced. Mayor Smith opened the Public Hearing for Items 2 and 3 concurrently, and read the following statement related to Item 3: This is the second of two public hearings to discuss the FY 2017-2018 proposed tax rate. The Town Council will vote on both the FY 2017-2018 Proposed Budget and the proposed tax rate at a meeting scheduled on September 12, 2017, at 6:00 p.m., located at the Town of Prosper Municipal Chambers at 108 W. Broadway, Prosper TX. Once the Public Hearing is opened, the public is encouraged to express their views. Larry Atchley, 4500 Honeyvine Lane, Prosper, spoke in favor of additional funding to repair the roads in Windsong Ranch, noting that the deteriorating roads create a poor perception of the neighborhood for new and potential residents. Renee Junell, 4641 Acacia Parkway, Prosper, thanked the Town Council for the additional funding for the Windsong Ranch road repairs. Dallas Wymes, 4710 Crossvine Drive, Prosper, expressed concern that the road repairs in Windsong Ranch will take up to three years to complete. Augie Galindo, 4640 Acacia Parkway, Prosper, thanked the Town Council for their proactivity in resolving the road repair issues in Windsong Ranch, and encouraged the Council to complete as much of the repair work as possible in FY 2017-2018. James Stout, 4721 Crossvine Drive, Prosper, spoke in support of the proposed funding for the Windsong Ranch road repairs, and thanked the Town Council and Town staff for their efforts. Dee Luxbacher, 4741 Crossvine Drive, Prosper, spoke in support of the additional funding for the Windsong Ranch Road repairs. Jeff Donald, 4711 Crossvine Drive, Prosper, spoke in support of the additional funding for the Windsong Ranch road repairs, and encouraged the Town to continue to monitor the remaining roads in the area for potential failures. David Blom, 2242 Good Hope Road, Prosper, spoke on behalf of Terra Verde Group, the developer of Windsong Ranch. He commended the residents, the Town Council and Town staff for working toward a successful resolution of the road repair issues. With no one else speaking, Mayor Smith closed the Public Hearings for Items 2 and 3. Mayor Smith encouraged the residents of Windsong Ranch to be patient during the road repair process. Item 5a(i) Page 3 of 3 4. Adjourn. The meeting was adjourned at 6:12 p.m., on Tuesday, September 5, 2017. These minutes approved on the 26th day of September, 2017. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a(i) Page 1 of 9 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order 6:03 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger (arrived at 6:18 p.m.) Councilmember Jeff Hodges Council Members Absent: Councilmember Meigs Miller Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terry Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Steve Glass, Deputy Director of Engineering Services Dudley Raymond, Parks and Recreation Director Leslie Scott, Library Director Kelly Neal, Finance Director Betty Pamplin, Accounting Manager Liz McDonald, Accountant 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Doug Kriz led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3.Announcements of recent and upcoming events. Fall registration is open for several Parks & Recreation Programs including Archery, Soccer, Tennis, and adult softball. Visit www.prosperparksandrec.org for more information, and to register. Several local youth sports leagues are also open for registration. The Town Council would like to thank everyone who attended the Community Picnic on Saturday. MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, September 12, 2017 Item 5a(ii) Page 2 of 9 The Prosper Fire Department participated in the 9/11 Memorial Stair Climb on Saturday. Over 900 climbers dressed in full gear, and climbed 110 floors to honor first responders who lost their lives on 9/11. Several Prosper Firefighters participated in the climb to raise money for organizations that support the families of first responders who have been killed in the line of duty. Several members of the Prosper Police and Fire Departments took part in yesterday’s 9/11 Remembrance Ceremony at Frontier Park. Thank you to everyone who supported and attended this event. On Tuesday, October 3, residents are encouraged to participate in National Night Out by spending the evening outside visiting with neighbors and Prosper’s public safety personnel. This annual event was created to heighten awareness, and strengthen participation in local anti-crime efforts. Contact Officer Erin Hubbard for more information or to schedule a block party. 4. Presentations. • Presentation of a Proclamation to members of the Leukemia & Lymphoma Society declaring September 2017 as Blood Cancer Awareness Month. (RB) Alexis Meyer of the North Texas Chapter of the Leukemia & Lymphoma Society accepted the Proclamation. • Presentation of a Proclamation to members of the Preston Ridge Chapter of the Daughters of the American Revolution declaring September 17-23, 2017, as Constitution Week. (RB) Joann Slaven of the Preston Ridge Chapter of the Daughters of the American Revolution accepted the Proclamation. • Presentation to members of the Town of Prosper Finance Division for receiving a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2016. (KN) Finance Director Kelly Neal, Accounting Manager Betty Pamplin, and Accountant Liz McDonald accepted the award on behalf of the Town of Prosper Finance Department. 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.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting – August 22, 2017 5b. Receive the July 2017 Financial Report. (KN) Item 5a(ii) Page 3 of 9 5c. Consider and act upon an amendment to an Interlocal Agreement regarding certain property in the City of Aubrey’s extraterritorial jurisdiction and authorize the Town Manager to substitute relevant pages into the previously approved Interlocal Agreement. (TW) Councilmember Korbuly removed Item 5d from the Consent Agenda. Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 5-0. Councilmember Dugger arrived at 6:18 p.m. and took his place at the Council bench. 5d. Consider and act upon an ordinance amending Article 4.05, “Alarm Systems,” of the Code of Ordinances relative to alarm monitoring companies and procedures for response to alarm signals. (DK) Police Chief Doug Kowalski responded to a question from the Town Council regarding language in the ordinance that requires police and fire personnel to attempt to verify alarm signals at least twice before responding. Town Attorney Terry Welch suggested the requirement for the fire alarms be removed from the proposed ordinance. Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to approve Ordinance No. 17-64 amending Article 4.05, “Alarm Systems,” of the Code of Ordinances relative to alarm monitoring companies and procedures for response to alarm signals, subject to the removal of the words “or fire” from paragraph 2 of the proposed ordinance. The motion was approved by a vote of 6-0. 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. There were no Citizen Comments. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. Item 5a(ii) Page 4 of 9 DEPARTMENT ITEMS: 7. Consider and act upon an ordinance adopting the Fiscal Year 2017-2018 Annual Budget for the fiscal year beginning October 1, 2017, and ending September 30, 2018. (KN) Finance Director Kelly Neal presented this item before the Town Council. Approval of this item will appropriate funds for the FY 2017-2018 Budget. Prior to this meeting, the Town published required notices, held two public hearings that included staff presentations about the budget, and gave interested taxpayers the opportunity to be heard by the Town Council. Ms. Neal reviewed the adjustments that have been made to the FY 2017-2018 Proposed Budget since it was presented to the Town Council on August 8, 2017. She responded to questions related to the overtime approval process. Mayor Pro-Tem Vogelsang made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 17-65 adopting the Fiscal Year 2017-2018 Annual Budget for the fiscal year beginning October 1, 2017, and ending September 30, 2018, as proposed. Mayor Smith called the roll, and Council Members responded as follows: Councilmember Hodges - approved Councilmember Miller - absent Councilmember Dugger - approved Deputy Mayor Pro-Tem Dixon – approved Mayor Smith – approved Mayor Pro-Tem Vogelsang – approved Councilmember Korbuly – approved The motion was approved by a vote of 6-0. Mayor Pro-Tem Vogelsang made a motion and Councilmember Korbuly seconded the motion to ratify the property tax revenue increase as reflected in the Fiscal Year 2017- 2018 Adopted Budget. Mayor Smith called the roll, and Council Members responded as follows: Councilmember Hodges - approved Councilmember Miller - absent Councilmember Dugger - approved Deputy Mayor Pro-Tem Dixon – approved Mayor Smith – approved Mayor Pro-Tem Vogelsang – approved Councilmember Korbuly – approved The motion was approved by a vote of 6-0. 8. Consider and act upon an ordinance adopting the Town of Prosper’s 2017 Property Tax Rate. (KN) Finance Director Kelly Neal presented this item before the Town Council. The proposed tax rate will generate sufficient revenues as required in the Adopted FY 2017-2018 Budget. The proposed ordinance sets the 2017 ad valorem tax rate at $0.52 cents per $100 assessed valuation. Item 5a(ii) Page 5 of 9 Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the motion to adopt Ordinance No. 17-66 stating that the property tax rate be increased by the adoption of a tax rate of $0.52 per $100 assessed valuation, which is effectively an 8.45 percent increase in the tax rate. Mayor Smith called the roll, and Council Members responded as follows: Councilmember Hodges - approved Councilmember Miller - absent Councilmember Dugger - approved Deputy Mayor Pro-Tem Dixon – approved Mayor Smith – approved Mayor Pro-Tem Vogelsang – approved Councilmember Korbuly – approved The motion was approved by a vote of 6-0. 9. Consider and act upon a resolution adopting the Fiscal Year 2017-2018 Capital Improvement Program. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. This program includes budgeted capital projects for the 2017-2018 fiscal year and major planned capital projects to 2027. Mr. Webb reviewed the proposed projects in the Capital Improvement Program. Mayor Smith recognized the following individuals who requested to speak: Rick Basher, 4570 Crossvine Drive, Prosper, thanked the Town Council for the approval of additional funding for the road repairs in Windsong Ranch. Jeremy Painkin, 4520 Acacia Parkway, Prosper, thanked the Town Council for listening to the residents’ concerns and taking action on the road repairs in Windsong Ranch. After discussion, Councilmember Korbuly made a motion and Mayor Pro-Tem Vogelsang seconded the motion to approve Resolution No. 17-67 adopting the Fiscal Year 2017- 2018 Capital Improvement Program. The motion was approved by a vote of 6-0. 10. Consider and act upon an ordinance amending various Town Fees; amending Section 3.03.002, “Fee,” of Article 3.03, “Certificate of Occupancy,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances; repealing existing Sections 6.04.003, “Review of Plans,” 6.04.004, “Fees,” and 6.04.005, “Suspension of Permit,” of Article 6.04, “Food Establishments and Mobile Food Units” of Chapter 6, “Health and Sanitation,” of the Town’s Code of Ordinances and replacing them with new Sections 6.04.003, “Review of Plans,” 6.04.004, “Fees,” and 6.04.005, “Suspension of Permit;” amending Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by repealing existing Section IX, “Water and Sewer Rates,” and replacing it with a new Section IX, “Water and Sewer Rates;” repealing existing subsection (a) of Section XII, “Municipal Drainage Utility System Fee Schedule,” and replacing it with a new subsection (a); repealing existing subsections (b) through (g), inclusive, of Section XIV, “Public Works Fee Schedule,” and replacing them with new subsections (b) through (g), inclusive; and adding a new Section XX, “Health and Sanitation Fees.” (KN) Item 5a(ii) Page 6 of 9 Finance Director Kelly Neal presented this item before the Town Council. Town staff is recommending increases to several of the Town’s rates and fees, which have not been increased in several years. Town staff presented information on the proposed rates and fees at the July 12, 2017, Budget Work Session, as well as the August 22, 2017, and September 5, 2017, Town Council meetings. Ms. Neal provided an overview of the proposed rates and fees. Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 17-68 amending various Town Fees; amending Section 3.03.002, “Fee,” of Article 3.03, “Certificate of Occupancy,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances; repealing existing Sections 6.04.003, “Review of Plans,” 6.04.004, “Fees,” and 6.04.005, “Suspension of Permit,” of Article 6.04, “Food Establishments and Mobile Food Units” of Chapter 6, “Health and Sanitation,” of the Town’s Code of Ordinances and replacing them with new Sections 6.04.003, “Review of Plans,” 6.04.004, “Fees,” and 6.04.005, “Suspension of Permit;” amending Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by repealing existing Section IX, “Water and Sewer Rates,” and replacing it with a new Section IX, “Water and Sewer Rates;” repealing existing subsection (a) of Section XII, “Municipal Drainage Utility System Fee Schedule,” and replacing it with a new subsection (a); repealing existing subsections (b) through (g), inclusive, of Section XIV, “Public Works Fee Schedule,” and replacing them with new subsections (b) through (g), inclusive; and adding a new Section XX, “Health and Sanitation Fees.” The motion was approved by a vote of 6-0. 11. Consider and act upon approving Change Order Number 02 for Bid No. 2016-68-B to North Texas Contracting, Inc., related to construction services for the Town Hall Infrastructure Project; and authorizing the Town Manager to execute Change Order Number 02 for same. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. The proposed change order will provide for the second phase of installation of the underground drainage system from the Town Hall site along the north side of First Street to the BNSF railroad on the Coserv property. Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger seconded the motion to approve Change Order Number 02 for Bid No. 2016-68-B to North Texas Contracting, Inc., related to construction services for the Town Hall Infrastructure Project; and authorize the Town Manager to execute Change Order Number 02 for same. The motion was approved by a vote of 6-0. 12. Consider and act upon a resolution authorizing the Town Manager to execute an application to the Texas Parks & Wildlife Department Outdoor Recreation Grant for the development of the Whitley Place Trail Extension Project. (DR) Parks and Recreation Director Dudley Raymond presented this item before the Town Council. Town staff is developing an application for the Texas Parks & Wildlife Department Outdoor Recreation Grant to assist in the development of the Whitley Place Trail Extension Project. The grant program provides 50% matching grants on a reimbursement basis to eligible applicants. The proposed project extends the existing Whitley Place Hike and Bike Trail, connecting Whitley Place Park to Cockrell Elementary, and adds amenities such as picnic tables, and a pavilion adjacent to the existing playground. The proposed trail will close the gap in our trail network between Cockrell Elementary and Whitley Place Park, two destinations that are now separated by Wilson Creek. Responding to a question Item 5a(ii) Page 7 of 9 from Council, Mr. Raymond responded that he would research opportunities to work with Collin County to include a possible pedestrian bridge for the project. After discussion, Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Resolution No. 17-69 authorizing the Town Manger to execute an application to the Texas Parks & Wildlife Department Outdoor Recreation Grant for the development of the Whitley Place Trail Extension Project. The motion was approved by a vote of 6-0. 13. Discussion on Multi-Family Rental Inspection Program. (JW) Development Services Director John Webb presented this item before the Town Council. Town staff is proposing the implementation of a Multi-Family Rental Inspection Program to ensure that the Town’s apartment complexes and multi-family developments receive consistent maintenance, and uphold basic livability elements as the complexes age and potentially change ownership. The proposed annual inspections would ensure that basic life-safety issues are addressed, as well as interior and exterior property maintenance standards. The inspection program would also ensure that Town staff has current ownership information for all multi-family developments so that any deficiencies may be dealt with promptly. A new staff position has been approved in the FY 2017-2018 budget to accommodate the additional inspections. Town staff will present proposed standards for the new program at a future Town Council meeting. No further action was taken. 14. 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: 14a. Section 551.087 – To discuss and consider economic development incentives. 14b. 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. 14c. Section 551.071 – Consultation with the Town Attorney regarding possible litigation regarding bond issues, and possible litigation regarding substandard structures, and all matters incidents and related thereto. 14d. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. 14e. 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. The Town Council recessed into Executive Session at 6:46 p.m. 15. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Item 5a(ii) Page 8 of 9 The Town Council reconvened the Regular Session at 8:20 p.m. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to appoint the following individuals to the Town’s various Boards and Commissions. The motion was approved by a vote of 6-0. Item 5a(ii) Page 9 of 9 16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Sales Tax – SPD Crime/Fire Timeline (KN) Finance Director Kelly Neal reviewed options for a sales tax special district for a crime and/or fire control and prevention district. She discussed a proposed timeline for calling a special election in May 2017. Formation of a committee of 5-7 members to study a special district will be discussed again at the September 26, 2017, Town Council meeting. • Health Insurance Trust (KN) Finance Director Kelly Neal briefed the Council on the Town’s Health Insurance Trust. The Council agreed to keep the trust in place, however, they agreed to staff’s recommendation to change the membership structure of the Trust’s Board of Directors. This item will be discussed again at the September 26, 2017, Town Council meeting. • Tree City USA (DR) Parks and Recreation Director Dudley Raymond updated the Council on Town staff’s efforts to apply for Tree City USA designation on behalf of the Town. The Council also discussed landscaping on Lovers Lane. • Town Seal (RB) Town Secretary Robyn Battle updated the Council on incorporating the Town Seal into several design elements in the new Town Hall facility, and reviewed the Town Seal that was approved by the Town Council in October 2016. The Council confirmed that the previously-approved seal should remain. 17. Adjourn. The meeting was adjourned at 8:40 p.m., on Tuesday, September 12, 2017. These minutes approved on the 26th day of September, 2017. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a(ii) Page 1 of 1 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Consider and act upon a resolution amending Resolution No. 10-64 and No. 10-104 relative to the Employee Benefits Trust, with the revised Declaration of Trust. Description of Agenda Item: The current resolution and Declaration of Trust was adopted in 2010 and needs to be amended to conform to the Town’s current Investment Policy, address the goal of maintaining at least three (3) months of premiums as a reserve, provide for year-end financial reporting, and provide an annual budget. Staff had presented a makeup of members of Council and staff but after further review it was determined that, an extra layer is not necessary in order to make decisions for the Health Benefits Trust. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Attached Documents: 1. Resolution Town Staff Recommendation: Town staff recommends approving a resolution amending Declaration of Trust as it relates to the Employee Benefits Trust. Proposed Motion: I move to approve a resolution amending the Declaration of Trust as it relates to the Employee Benefits Trust. Prosper is a place where everyone matters. FINANCE Item 5b TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-____ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING RESOLUTION NO. 10-64 AND RESOLUTION NO. 10-104 RELATIVE TO THE EMPLOYEE BENEFITS TRUST, WITH THE REVISED DECLARATION OF TRUST (EMPLOYEE BENEFIT TRUST) ATTACHED TO THIS RESOLUTION AND FULLY EXECUTED BY THE SETTLOR AND TRUSTEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), adopted Resolution No. 10-104, which resolution amended Resolution No. 10-064, both of which Resolutions addressed the Employee Benefits Trust; and WHEREAS, in adopting Resolution No. 10-064 and Resolution No. 10-104, the Town created and thereafter amended its Employee Benefits Trust; and WHEREAS, the purpose of this Resolution is to amend the Declaration of Trust (Employee Benefits Trust) to conform with the Town’s current Investment Policy, address the goal of maintaining at least three (3) months of premiums as a reserve, and provide for year-end financial reporting; and WHEREAS, the Town Council desires to appropriately follow all statutory and legal guidelines for the operation of the Employee Benefits Trust. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that the Declaration of Trust (Employee Benefits Trust) is hereby adopted as amended, as reflected in attached Exhibit A, and shall be executed by the Settlor and Trustees. SECTION 3 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 26TH DAY OF SEPTEMBER, 2017. ___________________________________ Ray Smith, Mayor Item 5b Resolution No. 17-__, Page 2 ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 5b Resolution No. 17-__, Page 3 EXHIBIT A Declaration of Trust (Employee Benefits Trust) Item 5b Resolution No. 17- , Page 4 DECLARATION OF TRUST I. CREATION OF TRUST The Town of Prosper, Texas (“Town”), as Settlor or creator of the Trust, designates the members of the Town of Prosper Council to be Trustees and declares that the Town holds in trust the funds described in Schedule A, attached hereto and incorporated herein by reference, which is the property of the Town, and all substitutions and additions to such funds, for the purpose of providing or offering, whether now or possibly in the future, life, disability, sick, accident, and other health benefits to the Town’s officers, employees, and qualified retirees and their dependents. II. PURPOSE This is a nonprofit trust created for the purpose of providing or offering, whether now or possibly in the future, Town officers, employees, and qualified retirees and their dependents with life, disability, sickness, accident, and other health benefits either directly or through the purchase of insurance and to perform operations in furtherance thereof. The Trust is intended to qualify as a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code (the “Code”). III. DURATION The Trust shall continue until terminated by operation of law or by majority vote of the Trustees. IV. TRUSTEES: COMPOSITION, OFFICERS, COMPENSATION, AND MEETINGS A. Composition. The Trustees are the members of the Town Council, and Trustee’s term is contemporaneous with his or her term of office as a member of the Town Council. Whenever a Trustee ceases to be a member of the Town Council, the person succeeding him or her in office will automatically be appointed to serve as a successor Trustee of the Trust. B. Officers. The Mayor shall serve as Chairman and shall preside at meetings of the Trustees and shall have all such other powers as are conferred herein or by majority vote of the Trustees at a duly called meeting at which a quorum is present. The Mayor Pro Tem shall serve as Vice Chairman and shall preside at meetings of the Trustees whenever the Chairman is absent. Item 5b Resolution No. 17- , Page 5 The Secretary shall rotate, coinciding with the Town’s Fiscal Year, between the Councilmembers based upon their designated places, skipping the Mayor and Mayor Pro Tem and beginning with the Councilmember for Place 1. The Secretary shall oversee the preparation of meeting agendas, giving notice of meetings to the Trustees, and maintain the minutes of the meetings of the Trustees. C. Compensation. The Trustees shall be reimbursed for all reasonable and necessary expenses incurred by them in the performance of their duties and will otherwise receive no compensation for their service as Trustees. D. Meetings. A meeting of the Trustees may be called by the Chairman or on written request to the Chairman by two or more Trustees. Trustees shall have at least three (3) days written notice of any meeting. For purposes of this section, electronic mail notice is written notice. V. RIGHTS, POWERS, AND DUTIES OF TRUSTEES; QUORUM AND VOTING A. Rights, Powers, and Duties. In addition to all other powers and duties conferred on them by this Trust document and imposed or authorized by law, the Trustees shall have the following powers and duties, but only to the extent permissible for a single purpose non-profit trust under Section 222.002(c)(5) of the Texas Insurance Code, as amended: 1. The Trustees shall carry out all of the duties necessary for the proper operation and administration of the Trust on behalf of the covered persons and shall have all the powers necessary and desirable for the effective administration of the affairs of the Trust. 2. The Trustees have the general power to make and enter into all contracts, leases, and agreements necessary or convenient to carry out any of the powers granted by this Trust document or by law or to effectuate the purpose of the Trust. All such contracts, leases, and agreements or any other legal documents herein authorized shall be approved by the Trustees by majority vote at a duly called meeting at which a quorum is present and signed by the Chairman on behalf of the Trust. The Trustees may also designate another Trustee to sign such documents. 3. The Trustees shall use the Trust’s funds to accomplish the purpose of the Trust, as described in Section II herein, and to operate and administer the Trust solely in the interest of the covered Town officers, employees, and qualified retirees and dependents thereof and for the exclusive purpose of providing or offering benefits to such persons and defraying the reasonable expenses of administration of the Trust. To this end, the Trustees may purchase life, disability, or accident and health insurance to provide or offer coverage for participating Town officers, employees, and qualified retirees and their dependents. The Trustees may also adopt a health benefits plan that covers eligible Town officers, employees, and qualified retirees, and their dependents. Item 5b Resolution No. 17- , Page 6 4. The Trustees may accept contributions to the Trust funds from any source including contributions from covered persons receiving benefits from the Trust. 5. The Trustees shall be authorized to contract with any qualified organization to perform any of the functions necessary for providing or offering life, disability, sick, accident, and other health benefits, including but not limited to excess loss insurance, stop loss insurance, claims administration, administrative services, and any other services that the Trustees shall deem expedient for the proper operation of the Trust. When required by law or desired by the Trustees, the Trustees shall seek sealed competitive bids or sealed competitive proposals with respect to contracts required to carry out the operations of the Trust and to affect the purpose of the Trust. 6. The Trustees shall arrange for the investing of the funds of the Trust so as to keep the same invested according to law and at the best interest rates obtainable for the benefit of the covered persons, in such a manner so as to minimize the risk of large losses. The Trustees may hire money managers and shall follow the then current Town investment policy for its own use and that of its agents in making investments. The Trustees shall select a depository for the Trust’s funds and provide for the proper security of any and all investments. The Trustees shall designate signatories for the Trust’s depository accounts. The Trustees shall adopt an annual budget to manage and maintain appropriate levels of reserves, with a desired goal of three (3) months of premiums. 7. The Trustees may purchase insurance for the Trustees and any other fiduciaries appointed by the Trustees and for the Trust itself to cover liability or losses occurring by reason of the act or omission of anyone or more of the Trustees or any other fiduciary appointed by them. Any insurance purchased by the Trustees must give the insurer recourse against the Trustees or other fiduciaries concerned for breach of any fiduciary obligation or fiduciary duty owed to the Trust. 8. The Trustees shall arrange for proper accounting and reporting procedures for the Trust’s funds and an annual audit of the Trust’s financial affairs shall be reported with the Town’s year-end financial report (CAFR), in accordance with the Town’s fiscal policies. 9. The Trustees may retain legal counsel to represent the Trust and the Trustees in all legal proceedings as well as to advise the Trust and the Trustees on all matters pertaining to the operation and administration of the Trust. 10. The Trustees have the authority to terminate the Trust at any time. 11. Upon termination of the Trust, the Trustees shall provide for the payment of Trust obligations, debts, losses, and other liabilities and shall provide for the disposition of the remaining Trust funds in accordance with Section IX herein. B. Quorum and Voting. A majority of the Trustees shall constitute a quorum for the Item 5b Resolution No. 17- , Page 7 transaction of business at any meeting of the Trustees and the vote of a majority of the Trustees present shall be required for approval of any action at such meeting. The vote of such majority of the Trustees at such meeting shall constitute action of the Trustees as a group. VI. BENEFICIARIES The beneficiaries of the Trust are the Town officers, employees, and qualified retirees and their dependents who are covered by a life, disability, sick, accident, dental, or other health benefits plan purchased or adopted by the Trust (also called “covered persons” herein). Beneficiaries may make contributions to the Trust for use by the Trustees in fulfilling the purposes of the Trust. No beneficiary shall have any claim against the funds or any other property of the Trust. The rights and interests of the beneficiaries are limited to the insurance or health benefits specified in any policy purchased or plan adopted by the Trustees. VII. TRUST FUNDS The Trust funds consist of the funds described in Schedule A hereto as provided by the Settlor to institute this Trust, future contributions by the Settlor, beneficiary contributions, investment income, and any other money or property which shall come into the hands of the Trustees in connection with the administration of the Trust. The funds of the Trust shall not inure to the benefit of, or be distributed to, any private person, except for the payment of necessary costs and benefits described below. The Trustees may use the Trust’s funds as follows: 1. to pay claims and/or premiums on group health, dental, accident and life policies or contracts; 2. to make authorized investments and paying fund management fees from the proceeds of the investment. VIII. LIABILITY OF TRUSTEES AND OFFICERS The Trustees shall use ordinary care and reasonable diligence in the exercise of their powers and the performance of their duties hereunder; and they shall not be liable for any mistake of judgment or other action made, taken or omitted by them in good faith, nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care; nor for loss incurred through investment of the Trust funds or failure to invest. No Trustee shall be liable for any action taken or omitted by any other Trustee. No Trustee shall be required to give a bond or other security to guarantee the faithful performance of his or her duties hereunder. To the Item 5b Resolution No. 17- , Page 8 fullest extent permitted by law: (a) the Town shall indemnify each Trustee who was, is, or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding (“Proceeding”), any appeal therein, or any inquiry or investigation preliminary thereto, by reason of the fact that the Trustee is or was a Trustee; (b) the Town shall pay or reimburse a Trustee for expenses incurred (i) in advance of the final disposition of a Proceeding to which such Trustee was, is or is threatened to be made a party, and (ii) in connection with such Trustee’s appearance as a witness or other participation in any Proceeding. IX. AMENDMENT, REVOCATION AND TERMINATION This Declaration of Trust and the Trust created herein shall terminate when and if required by operation of law. The Trustees shall have the power to amend, modify, terminate or revoke, in whole or in part, this Declaration of Trust and the Trust created herein by majority vote at a duly called meeting at which a quorum is present. Notwithstanding the foregoing, the Trustees shall have no power to amend Section II of this Declaration of Trust. Beneficiaries of the Trust shall have no right to amend this Declaration of Trust, and their approval shall not be a condition or requirement for an authorized amendment by the Trustees. Upon termination of the Trust, the Trustees shall pay all obligations, debts, losses, and other liabilities of the Trust. Thereafter, the Trustees shall first use the remaining trust funds to pay covered claims of persons covered under the Town’s health and dental benefits plans that may be in effect at the time of termination of the Trust and then, either apply any remaining balance of the funds to provide the benefits described herein or transfer such funds to a successor whose income is excluded under Section 115(1) of the Code. Notwithstanding the foregoing, the Trustees, upon termination of the Trust and payment of all Trust obligations may, by vote of a majority of the Trustees, transfer the remaining funds or any portion thereof to the trustees of any trust or trusts established by the Town for a substantially similar purpose to be applied for uses substantially similar to those set forth in Section II herein. X. GOVERNING LAW This Declaration of Trust and the Trust created herein shall be construed and governed by the laws of the State of Texas in force from time to time. XI. MISCELLANEOUS Whenever the context so admits and such treatment is necessary to interpret this Declaration of Trust in accordance with its apparent intent, the use herein of the singular shall include the plural, and vice versa, and the use of the feminine, masculine, or neuter gender shall be deemed to include the other genders. Item 5b Resolution No. 17- , Page 9 The captions or headings above the various Sections of this Declaration of Trust have been included only to facilitate the location of the subjects covered by each Section but shall not be used in construing this Declaration Trust. If any clause or provision of this Declaration of Trust proves to be or is adjudged invalid or void for any reason, such invalid or void clause, provision, or portion shall not affect the whole, but the balance of the provisions hereof shall remain operative and shall be carried into effect insofar as is legally possible. [REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGE FOLLOWS] Item 5b Resolution No. 17- , Page 10 IN WITNESS HEREOF, the undersigned parties have executed this Declaration of Trust, consisting of nine (9) pages and Schedule A, attached hereto, on the dates of their respective acknowledgments below. By joining in the execution of this Declaration of Trust, the Trustees acknowledge receipt of the property described in Exhibit A, signify acceptance of the Trust created hereunder, and covenant that the Trust will be executed with all due fidelity. This Trust is effective as of the last day of signature below. ____________________________________ ____________________________ Mayor Ray Smith, Settlor Date ____________________________________ ____________________________ Curry Vogelsang, Jr., Trustee Date ____________________________________ ____________________________ Jason Dixon, Trustee Date ____________________________________ ____________________________ Kenneth Dugger, Trustee Date ____________________________________ ____________________________ Meigs Miller, Trustee Date ____________________________________ ____________________________ Michael Korbuly, Trustee Date ____________________________________ ____________________________ Jeff Hodges, Trustee Date Item 5b Resolution No. 17- , Page 11 ACKNOWLEDGMENTS STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of September, 2017, by Ray Smith, Mayor of the Town of Prosper, on behalf of the Town. ____________________________________ Notary Public in and for the State of Texas STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of September, 2017, by Curry Vogelsang, Jr. ____________________________________ Notary Public in and for the State of Texas STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of September, 2017, by Jason Dixon. ____________________________________ Notary Public in and for the State of Texas STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of September, 2017, by Kenneth Dugger. ____________________________________ Notary Public in and for the State of Texas Item 5b Resolution No. 17- , Page 12 STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of September, 2017, by Meigs Miller. ____________________________________ Notary Public in and for the State of Texas STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of September, 2017, by Michael Korbuly. ____________________________________ Notary Public in and for the State of Texas STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of September, 2017, by Jeff Hodges. ____________________________________ Notary Public in and for the State of Texas Item 5b Resolution No. 17- , Page 13 SCHEDULE A The following is a list of the assets initially transferred by the Town of Prosper, Texas, to the Trust: Town of Prosper’s first month contributions for Employee and Dependents Medical/Pharmacy Benefits, Dental Benefits, Life and Accident Insurance Benefits, and Long- Term Disability Benefits. Town of Prosper’s Employee and Dependents first month of Plan Year’s payroll deductions or contributions for Medical/Pharmacy Benefits, Dental Benefits, Life Insurance Benefits, and Long-Term Disability Insurance Benefits. Item 5b Page 1 of 1 To: Mayor and Town Council From: Robyn Battle, Town Secretary Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Consider and act upon a r esolution 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 2017-2018. Description of Agenda Item: Section 2051.049 of the Texas Government Code provides that the Town Council shall select one or more newspapers to publish notices, and Section 11.02 of the Town Charter states that the Town Council shall annually declare an official newspaper of general circulation in the Town. The Prosper Press meets these requirements for the purpose of publishing ordinances, election notices, public hearing notices, and other notices required by ordinance, the Town Charter and state law. A second local newspaper, The Prosper Times, began publication in May 2017. Because the paper has been in publication for less than twelve months, it does not meet the criteria for an official newspaper as described in the Texas Government Code; therefore, Town staff recommends the continued use of The Dallas Morning News as an alternate advertising source in the event that the Town encounters a situation where an advertising or public notice deadline could not be timely met by The Prosper Press. Legal Obligations and Review: The proposed resolution is a standard format previously approved by the Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P. Attached Documents: 1. Resolution Town Staff Recommendation: Town staff recommends the Town Council adopt 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 2017-2018. Proposed Motion: I move to adopt 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 2017-2018. Prosper is a place where everyone matters. TOWN SECRETARY’S OFFICE Item 5c TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DESIGNATING THE PROSPER PRESS AS THE OFFICIAL NEWSPAPER OF THE TOWN OF PROSPER, AND THE DALLAS MORNING NEWS AS AN ALTERNATE ADVERTISING SOURCE, FOR FISCAL YEAR 2017-2018. WHEREAS, Section 11.02 of the Prosper Town Charter provides that the Town Council shall declare annually an official newspaper of general circulation in the Town. All ordinances, notices and other matters required by the Charter, Town ordinance, or the Constitution and laws of the State of Texas shall be published in the official newspaper; and WHEREAS, Section 2051.049 of the Texas Government Code provides that the Town Council shall select one or more newspapers to publish notices; and WHEREAS, Resolution No. 15-31, approved by the Prosper Town Council on May 26, 2015, provides that The Dallas Morning News is authorized as an alternate advertising source in the event that the Town encounters a situation where an advertising or public notice deadline could not be timely met by The Prosper Press; and WHEREAS, the Town Council of the Town of Prosper desires to designate the official public newspaper and an alternate newspaper of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Town Council of the Town of Prosper hereby designates The Prosper Press, a public newspaper in and of the Town of Prosper, Texas, as the official newspaper of said Town, the same to continue as such until another is selected, and shall cause to be published therein all ordinances, notices and other matters required by law or by ordinance to be published. The Dallas Morning News is hereby designated as an authorized advertising source in the event that the Town encounters a situation where an advertising or public notice deadline cannot be timely met by The Prosper Press. SECTION 2 This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS THE 26TH DAY OF SEPTEMBER, 2017. _____________________________ Ray Smith, Mayor Item 5c Resolution No. 17-__, Page 2 ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 5c Page 1 of 1 To: Mayor and Town Council From: Ray Smith, Mayor and EDC Board Member Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Consider and act upon adopting the FY 2017-2018 Prosper Economic Development Corporation budget. Description of Agenda Item: Section 21 of the Development Corporation Act of 1979 (Texas Revised Civil Statutes Article 5190.6), the “Act,” provides that the Town shall approve all programs and expenditures of the development corporation and shall annually review any financial statements of the corporation. It further provides that at all times the Town will have access to the books and the records of the development corporation. Additionally, Section 23(a)(13) of the Act states that the powers of the corporation shall be subject at all times to the control of the Town’s governing body. Budget Impact: There is no impact to the Town of Prosper’s General Fund as the Prosper Economic Development Corporation (Prosper EDC) is funded wholly by a half-cent of the local sales tax revenue. Since approved by Prosper citizens in 1996, the Prosper EDC has endeavored as its mission to “create jobs and capital investment” with the aim of expanding the local commercial property tax base and sales tax base, thereby lessening the property tax burden on homeowners. Attached Documents: 1.FY 2017-2018 Prosper Economic Development Corporation budget as approved by the Prosper EDC Board on August 16, 12017. Prosper EDC Board Recommendation: The Prosper EDC Board recommends that the Town Council review and adopt the FY 2017-2018 Prosper Economic Development Corporation budget. Proposed Motion: I move to adopt the FY 2017-2018 Prosper Economic Development Corporation budget. Prosper is a place where everyone matters. ECONOMIC DEVELOPMENT CORPORATION Item 5d PROSPER ECONOMIC DEVELOPMENT CORPORATION FY 2017 - 2018 Annual Budget Approved/Amended Requested FY 2016-2017 FY 2017-18 REVENUES 800 4120 65 00 Sales Tax 1,400,000$ 2,047,473$ 800 4610 65 00 Interest on Investments 21,000$ 36,000.00$ 800 4910 65 00 Other Revenue -$ -$ Total Revenues 1,421,000$ 2,083,473$ EXPENSES Personnel Services - Salary 800 5110 65 00 Salaries & Wages 199,100$ 374,333$ 800 5115 65 00 Salaries - Overtime 500$ -$ 800 5140 65 00 Salaries - Longevity Pay 645$ 85$ 800 5141 65 00 Salary Reserve / Objective Bonus -$ 20,000$ 800 5142 65 00 Car Allowance 6,000$ 14,400$ 800 5143 65 00 Cell Phone Allowance 3,300$ 2,580$ 800 0000 65 00 Temporary Salaries -$ -$ Total Salary 209,545$ 411,398$ Personnel Services - Benefit 800 5145 65 00 Social Security Expense 15,500$ 24,044$ 800 5150 65 00 Medicare Expense 3,600$ 5,624$ 800 5155 65 00 Unemployment (SUTA)650$ 513$ 800 5160 65 00 Health Insurance 20,000$ 25,107$ 800 5165 65 00 Dental Insurance 1,300$ 1,382$ 800 5170 65 00 Life Insurance 500$ 517$ 800 5175 65 00 Liability (TML) Worker's Comp 550$ 388$ 800 5176 65 00 TML Prop. & Liab. Insurance -$ -$ 800 5180 65 00 TMRS-Expense 31,000$ 54,137$ 800 5185 65 00 Long Term/Short Term Disability 500$ 712$ 800 5186 65 00 WELLE-Wellness Prog Reimb-Empl 1,800$ 600$ Total Benefits 75,400$ 113,024$ Operating, Land & Incentive Expenses 800 5189 65 00 Admin. Fees to Town 15,000$ 15,000$ 800 5190 65 00 Contract Labor -$ 800 5191 65 00 Hiring Cost -$ 800 5210 65 00 Office Supplies 2,500$ 2,500$ 800 5212 65 00 Building Supplies 500$ 500$ 800 5220 65 00 Office Equip & Furniture 12,500$ 25,000$ 800 5230 65 00 Dues & Subscriptions 27,200$ 30,000$ 800 5240 65 00 Postage & Freight 1,000$ 1,000$ 800 5265 65 00 Promotional Expense 45,000$ 75,000$ 800 5280 65 00 Printing and Reproduction 5,400$ 15,000$ 800 5305 65 00 Chapter 380 Program Grant -$ 81,177$ 800 5310 65 00 Rental/Office Lease 47,500$ 47,500$ 800 5330 65 00 Copier Service 5,500$ 5,500$ 800 5340 65 00 Building Repairs 500$ 500$ 800 5410 65 00 Professional Services 78,000$ 70,000$ 800 5412 65 00 Audit Fees 1,750$ 1,750$ 800 5418 65 00 IT Fees -$ 800 5430 65 00 Legal Fees 15,000$ 15,000$ 800 5480 65 00 Contracted Services -$ 12,500$ 800 5520 65 00 Telephones-Internet-Data 4,200$ 4,200$ 800 5521 65 00 Cell Phone Expense -$ 800 5524 65 00 Gas - Office 400$ 400$ 800 5525 65 00 Electricity - Office 2,100$ 2,100$ 800 5526 65 00 Water 500$ 500$ 800 5530 65 00 Travel/Lodging/Meals Expense 15,000$ 20,000$ 800 5531 65 00 Prospect Mtgs/Business Meals 2,000$ 6,000$ 800 5533 65 00 Mileage Expense 1,500$ 500$ 800 5536 65 00 Training/Seminars 7,500$ 15,000$ 800 6015 65 00 Project Incentives -$ Total Expenses 290,550$ 446,627$ Total Operating Costs 575,495$ 971,049$ Net Income 845,505$ 1,112,424$ Item 5d Page 1 of 1 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: 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 0.359 acres of real property, situated generally in the Bryants First Addition, Block 7, in the Town of Prosper, Collin County, Texas, necessary for the construction of the First Street Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the widening of First Street from Dallas North Parkway to Coleman Street. The subject property is needed for the referenced project, and at this point, the Town’s Consultant and the owners have not been able to reach an agreement regarding the purchase of the necessary property. In the event that the necessary property cannot be purchased through negotiations, staff is requesting approval to pursue eminent domain to secure the property. Attached Documents: 1. Resolution Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.359 acres of real property, situated generally in the Bryants First Addition, Block 7, in the Town of Prosper, Collin County, Texas, necessary for the construction of the First Street Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.359 acres of real property, situated generally in the Bryants First Addition, Block 7, in the Town of Prosper, Collin County, Texas, necessary for the construction of the First Street Project and for other public purposes permitted by law. Prosper is a place where everyone matters. ENGINEERING Item 5e TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.359 ACRES OF PROPERTY FOR THE FIRST STREET (DNT – COLEMAN) PROJECT, SAID PROPERTY LOCATED AT 206 WEST FIRST STREET, TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.359 acres of land located at 206 West First Street, Town of Prosper, Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes, is appropriate for use for the First Street Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of a roadway; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. Item 5e Resolution No. 17- , Page 2 SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 26TH DAY OF SEPTEMBER, 2017. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 5e Resolution No. 17- , Page 3 Exhibit A Item 5e Resolution No. 17- , Page 4 Item 5e Page 1 of 1 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: 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 0.479 acres of real property, situated generally in the Elisha Chambers Survey, Abstract No. 179, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Prosper Trail (Kroger – Coit) Project and for other public purposes permitted by law. Description of Agenda Item: The Town has completed the engineering plans for the widening of Prosper Trail from Kroger to Coit Road. The subject property is needed for the referenced project, and at this point, the Town’s Consultant and the owners have not been able to reach an agreement regarding the purchase of the necessary property. In the event that the necessary property cannot be purchased through negotiations, staff is requesting approval to pursue eminent domain to secure the property. Attached Documents: 1. Resolution Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.479 acres of real property, situated generally in the Elisha Chambers Survey, Abstract No. 179, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Prosper Trail (Kroger – Coit) Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.479 acres of real property, situated generally in the Elisha Chambers Survey, Abstract No. 179, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Prosper Trail (Kroger – Coit) Project and for other public purposes permitted by law. Prosper is a place where everyone matters. ENGINEERING Item 5f TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.479 ACRES OF PROPERTY FOR THE PROSPER TRAIL (KROGER – COIT) PROJECT, SAID PROPERTY LOCATED AT THE NORTHWEST CORNER OF PROSPER TRAIL AND COIT ROAD, TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.479 acres of land located at the northwest corner of Prosper Trail and Coit Road, Town of Prosper, Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes, is appropriate for use for the First Street Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of a roadway; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. Item 5f Resolution No. 17- , Page 2 SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 26TH DAY OF SEPTEMBER, 2017. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 5f Resolution No. 17- , Page 3 Exhibit A Item 5f Resolution No. 17- , Page 4 Item 5f Resolution No. 17- , Page 5 Item 5f Prosper is a place where everyone matters. To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between North Texas Municipal Water District and the Town of Prosper, Texas, regarding the Regional Capacity Management, Operations and Maintenance (RCMOM) Program. Description of Agenda Item: In 2014 and 2015, a U.S. Environmental Protection Agency (EPA) audit of the sanitary sewer system practices at the NTMWD and its Communities discovered that improvements were necessary to reduce Sanitary Sewer Overflows (SSOs). A Community is a wastewater member/customer/participant entity served by NTMWD. To efficiently address these concerns and avoid additional federal enforcement actions, such as consent decrees, which could result in more costly reprimands, NTMWD and the Communities collaborated to produce the Regional Capacity Management, Operation, and Maintenance (RCMOM) Coordination Plan following the 2015 Memorandum of Understanding (MOU) between NTMWD and the 12 member cities of the Regional Wastewater System. These early, proactive efforts have successfully allowed the EPA to avoid implementing stringent consent decrees on NTMWD and the Communities, contingent upon the continued, coordinated implementation of RCMOM programs. One of the RCMOM Coordination Plan goals is to establish a concerted process and approach to capacity planning that will provide a common basis and understanding of regional system capacity and foster enhanced interface between Community and NTMWD systems. NTMWD is in the process of implementing the Regional Modeling Protocol as contained within the RCMOM Coordination Plan, for its two Regional Wastewater Systems, the Upper East Fork Interceptor System (UEFIS), and the South Mesquite Creek Regional Conveyance System. Details of the Regional Modeling Protocol outlines the steps for NTMWD and its Communities to collaborate on capacity by expanding the existing NTMWD model to include select infrastructure elements of the Communities systems to allow for increased system understanding and a more coordinated approach to capacity planning across the system. The current efforts will be a three year phased effort as follows: A.Phase 1. (FY 2017‐FY 2018): Develop and Update Model – Conducted in two separate phases. The initial phase (Phase 1A) is to fully define the NTMWD and Community system extents and perform initial data collection efforts and data gap assessments. The following phase (Phase 1B) will be to complete data collection, model construction and perform flow monitoring. PUBLIC WORKS Item 5g B. Phase 2. (FY 2018-2019): Capacity Assessment – Assess system capacity for level of service and planning horizon. C. Phase 3. (FY 2019-2020): Capacity Assurance – Develop improvement alternatives to meet level of service and/or goals. Field activities will be an integral part of the success of Phase 1B. Phase 1B is scheduled to begin in the Fall of 2017. Field activities will include surveying infrastructure, installing and maintaining temporary flow monitors in both the NTMWD and Community systems, installing and maintaining rain gages, as well as general field investigation for model connectivity verification. NTMWD has worked with the Communities on the attached Interlocal Agreement to provide access to Community infrastructure. Following execution of the Interlocal Agreement, a Field Coordination Plan, and Health and Safety Plan will be established with the Communities. The plans will establish field coordination protocols for allowing access to the areas of the Community systems requested as described above. Budget Impact: There is no additional cost to the Town for the RCMOM Program. It is already included in the NTMWD Wastewater Management Fees charged to the Town. Legal Obligations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the Interlocal Agreement as to form and legality. Attached Documents: 1. Interlocal Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute an Interlocal Agreement between North Texas Municipal Water District and the Town of Prosper, Texas, regarding the Regional Capacity Management, Operations and Maintenance (RCMOM) Program. Proposed Motion: I move to authorize the Town Manager to execute an Interlocal Agreement between North Texas Municipal Water District and the Town of Prosper, Texas, regarding the Regional Capacity Management, Operations and Maintenance (RCMOM) Program. Item 5g INTERLOCAL AGREEMENT PAGE 1 INTERLOCAL AGREEMENT REGARDING REGIONAL CAPACITY, MANAGEMENT, OPERATIONS AND MAINTENANCE (RCMOM) PROGRAM THIS AGREEMENT is made by and between the Member and Customer Cities of the North Texas Municipal Water District Regional Wastewater System (RWWS) listed herein: CITY OF ALLEN (ALLEN), the CITY OF ANNA (ANNA), the TOWN OF FAIRVIEW (FAIRVIEW), the CITY OF FORNEY (FORNEY), the CITY OF FRISCO (FRISCO), the CITY OF HEATH (HEATH), the CITY OF LUCAS (LUCAS), the CITY OF McKINNEY (McKINNEY), the CITY OF MELISSA (MELISSA), the CITY OF MESQUITE (MESQUITE), the CITY OF PARKER (PARKER), the CITY OF PLANO (PLANO), the CITY OF PRINCETON (PRINCETON), the TOWN OF PROSPER (PROSPER), the CITY OF RICHARDSON (RICHARDSON), the CITY OF ROCKWALL (ROCKWALL), the CITY OF SEAGOVILLE (SEAGOVILLE), and the NORTH TEXAS MUNICIPAL WATER DISTRICT (NTMWD), acting by and through their City Managers and Executive Director, respectively, or their duly authorized representatives. WHEREAS, in or near September of 2015, ALLEN, FORNEY, FRISCO, HEATH, McKINNEY, MESQUITE, PLANO, PRINCETON, PROSPER, RICHARDSON, ROCKWALL, SEAGOVILLE AND NTMWD entered into a Memorandum of Understanding making agreements to work together in good faith to establish a model written Regional Capacity, Management, Operations and Maintenance (CMOM) program. A true and correct copy of that Memorandum of Understanding (hereinafter “MOU”) is attached hereto as Exhibit A and is incorporated by reference herein; and WHEREAS, the parties to the MOU did undertake and substantially complete the tasks outlined in the MOU and have developed a Regional Capacity, Management, Operation, and Maintenance Coordination Plan (RCMOM) as described therein. The RCMOM prepared by NTMWD on or about December 14, 2016 is incorporated herein by reference; and WHEREAS, the MOU was executed by all Member Cities of the NTMWD RWWS (specifically, ALLEN, FORNEY, FRISCO, HEATH, McKINNEY, MESQUITE, PLANO, PRINCETON, PROSPER, RICHARDSON, ROCKWALL, and SEAGOVILLE); and WHEREAS, Customer Cities of the NTMWD RWWS are participating in the RCMOM developed in connection with aforementioned MOU (specifically, ANNA, FAIRVIEW, LUCAS, MELISSA, AND PARKER); and Item 5g INTERLOCAL AGREEMENT PAGE 2 WHEREAS, each of the Member Cities and Customer Cities who are parties to this Agreement shall hereinafter be referred to as “Communities” within this Agreement; and WHEREAS, in order to implement portions of the RCMOM, it will be necessary for NTMWD representatives and its contractors to access wastewater pipelines and other wastewater facilities owned by the Communities; and WHEREAS, in order to implement portions of the RCMOM, it will be necessary for NTMWD to expend funds and other NTMWD resources; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, implementing the RCMOM is a governmental function which will benefit the citizens of all parties to this Agreement; and WHEREAS, the Communities and NTMWD have determined that the RCMOM may be implemented most expeditiously and economically through this Agreement. NOW, THEREFORE, this Agreement is made and entered into by and between the Communities and NTMWD for the mutual consideration stated herein. ARTICLE ONE The Project 1.01 The RCMOM identifies roles and responsibilities for NTMWD and Communities. Each of the Communities and NTWMD shall endeavor to implement the components of RCMOM as appropriate for their respective systems. 1.02 This Agreement is necessary to execute the capacity coordination approach, developed in cooperation with Communities and NTMWD, as identified in the RCMOM. The purpose of the capacity coordination is to jointly establish a collaborative process and approach to capacity planning that will provide a common basis and understanding of regional system capacity, and foster interface between Communities and NTMWD systems. 1.03 The goals of the regional capacity coordination are to meet the level of service goals identified in the RCMOM, understand community system plans and operation impacts on the regional system, optimize capital and Item 5g INTERLOCAL AGREEMENT PAGE 3 operational improvements based on community considerations, and assist NTMWD and Communities in planning sewer capacity improvements, maintenance, and operation with an increased understanding of existing and future conditions of the regional system. 1.04 For Communities that execute this ILA, NTMWD representatives and its contractors will coordinate with signatory representatives to perform fieldwork at mutually agreeable locations within Communities’ infrastructure for purposes such as field survey at critical Communities locations, installation and monitoring of rain gauges and flow meters, and other appropriate field activities to support the execution of the RCMOM plan. For Communities that do not execute this ILA, similar fieldwork will be conducted within NTMWD infrastructure at locations as near as reasonably possible to critical Communities locations. 1.05 NTMWD shall coordinate with Communities’ representatives and obtain permits where required at least 14 days prior to entering Community infrastructure, and provide plans for work to be completed with the Communities’ infrastructure. NTMWD shall provide, or cause its contractors to provide, adequate general liability and motor vehicle insurance protecting the Communities when conducting work within or at the Community’s wastewater pipelines and other wastewater facilities; and to provide certificates of insurance and policy endorsements as applicable prior to such work. 1.06 Communities shall provide NTMWD representatives and its contractors reasonable access to each Community’s wastewater pipelines and other wastewater facilities. 1.07 NTMWD and Communities will coordinate master planning efforts on a consistent and regular 5-year cycle to identify capacity needs early and prioritize Capital Improvement Plan efforts. ARTICLE TWO Duties and Payment 2.01 Each of the Communities participates in one or more of the following NTMWD wastewater systems and are responsible for payment of system costs in accordance with the contracts governing same: a. Forney Wastewater Interceptor System; b. Lower East Fork Wastewater Interceptor System; c. Buffalo Creek Interceptor System; d. Mustang Creek Wastewater Interceptor System; and e. Upper East Fork Wastewater Interceptor System. 2.02 These existing contracts define the allocation of charges between and among the Communities, based on metered volumes and others contractual Item 5g INTERLOCAL AGREEMENT PAGE 4 bases. The costs expended by NTMWD in furtherance of the RCMOM work contemplated by this Agreement will be funded by NTMWD through the normal budgeting process, which includes budget approval by the NTMWD Board. These RCMOM costs shall be charged to the appropriate system set forth in Section 2.01 and shall be reimbursed by Communities in accordance with said contracts. ARTICLE THREE Funding 3.01 The Parties agree that the payments for the performance of governmental functions or services shall be made only from funds legally available to the paying party at the time the payment becomes due. ARTICLE FOUR Term and Termination 4.01 This Agreement shall become effective on the earlier of either a.) the date of the last signature, or b.) November 30, 2017. It is contemplated that every Community listed in this Agreement may not execute the Agreement. In that event, the Agreement shall be valid and enforceable only as to each of the parties executing the Agreement. Unless terminated in accordance with Section 4.02, herein, This Agreement shall continue in effect annually until all obligations hereunder are completed and each party has given final acceptance of duties contemplated by this Agreement, in writing, to the other parties. This Agreement shall automatically renew annually during this period, if not terminated. 4.02. Any signatory to this Agreement may withdraw from the Agreement and terminate all duties, rights, and obligations hereunder by providing sixty (60) days’ notice to each Party by providing a written notification to each signatory or their successor(s) at the applicable Town or City. ARTICLE FIVE Immunity 5.01 It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, expressed or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. Item 5g INTERLOCAL AGREEMENT PAGE 5 ARTICLE SIX Successors and Assigns 6.01 This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. No party will assign or transfer an interest in this Agreement without the written consent of each of the other parties. ARTICLE SEVEN Venue 7.01 The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas, and that exclusive venue shall lie in the District Courts of Collin County, Texas. ARTICLE EIGHT Interpretation 8.01 This is a negotiated document and should any part of this Agreement be in dispute, the parties agree that the Agreement shall not be construed more favorably for either party. ARTICLE NINE Remedies, Non-Waiver 9.01 No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity, but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of each of the parties. It is further agreed that one or more instances of forbearance by any party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. ARTICLE TEN Entire Agreement 10.01 This Agreement, including the MOU and the RCMOM incorporated by reference herein, embodies the entire agreement between the parties as to the matters contained within it and may only be modified in writing executed by all parties to the Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Item 5g INTERLOCAL AGREEMENT PAGE 6 CITY OF ALLEN, TEXAS _______________________ BY: PETER H. VARGAS TITLE: CITY MANAGER DATE: ADDRESS: 305 CENTURY PARKWAY, ALLEN, TEXAS 75013 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared Peter H. Vargas, City Manager of the City of Allen, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 7 CITY OF ANNA, TEXAS _______________________ BY: PHILIP SANDERS TITLE: CITY MANAGER DATE: ADDRESS: P.O. BOX 776, ANNA, TEXAS 75409 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared Philip Sanders, City Manager of the City of Anna, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 8 TOWN OF FAIRVIEW, TEXAS _______________________ BY: JULIE COUCH TITLE: TOWN MANAGER DATE: ADDRESS: 372 TOWN PLACE, FAIRVIEW, TEXAS 75069 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared Julie Couch, Town Manager of the Town of Fairview, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 9 CITY OF FORNEY, TEXAS _______________________ BY: JAMES FISHER TITLE: CITY MANAGER DATE: ADDRESS: P.O. BOX 826, FORNEY, TEXAS 75126 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF KAUFMAN § Before me, the undersigned authority on this day personally appeared James Fisher, City Manager of the City of Forney, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 10 CITY OF FRISCO, TEXAS _______________________ BY: GEORGE PUREFOY TITLE: CITY MANAGER DATE: ADDRESS: 6101 FRISCO SQUARE BLVD., FRISCO, TEXAS 75064 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared George Purefoy, City Manager of the City of Frisco, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 11 CITY OF HEATH, TEXAS _______________________ BY: BRIAN BERRY TITLE: MAYOR DATE: ADDRESS: 200 LAURENCE DRIVE, HEATH, TEXAS 75032 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF ROCKWALL § Before me, the undersigned authority on this day personally appeared Brian Berry, Mayor of the City of Heath, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 12 CITY OF LUCAS, TEXAS _______________________ BY: JOE GORFIDA TITLE: CITY ATTORNEY DATE: ADDRESS: 665 COUNTRY CLUB ROAD, LUCAS, TX 75002-7651 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared Joe Gorfida, City Attorney of the City of Lucas, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 13 CITY OF McKINNEY, TEXAS _______________________ BY: PAUL GRIMES TITLE: CITY MANAGER DATE: ADDRESS: P.O. BOX 517, McKINNEY, TEXAS 75069 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared Paul Grimes, City Manager of the City of McKinney, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 14 CITY OF MELISSA, TEXAS _______________________ BY: JASON LITTLE TITLE: CITY MANAGER DATE: ADDRESS: 3411 BARKER AVENUE, MELISSA, TEXAS 75454 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared Jason Little, City Manager of the City of Melissa, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 15 CITY OF MESQUITE, TEXAS _______________________ BY: CLIFFORD V. KEHELEY, JR. TITLE: CITY MANAGER DATE: ADDRESS: P.O. BOX 850137, MESQUITE, TEXAS 75185-0137 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § Before me, the undersigned authority on this day personally appeared Clifford V. Keheley, Jr., City Manager of the City of Mesquite, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 16 CITY OF PARKER, TEXAS _______________________ BY: JEFFRY FLANIGAN TITLE: CITY ADMINISTRATOR DATE: ADDRESS: 5700 E PARKER RD PARKER, TEXAS 75002-6767 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared Jeffry Flanigan, City Administrator of the City of Parker, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 17 CITY OF PLANO, TEXAS _______________________ BY: BRUCE D. GLASSCOCK TITLE: CITY MANAGER DATE: ADDRESS: P.O. BOX 860358, PLANO, TEXAS 75086-0358 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared Bruce D. Glasscock, City Manager of the City of Plano, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 18 CITY OF PRINCETON, TEXAS _______________________ BY: DEREK BORG TITLE: CITY MANAGER DATE: ADDRESS: 123 W. PRINCETON DRIVE, PRINCETON, TEXAS 75407 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared Derek Borg, City Manager of the City of Princeton, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 19 TOWN OF PROSPER, TEXAS _______________________ BY: HARLAN JEFFERSON TITLE: TOWN MANAGER DATE: ADDRESS: P.O. BOX 397, PROSPER, TEXAS 75078 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared Harlan Jefferson, Town Manager of the Town of Prosper, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 20 CITY OF RICHARDSON, TEXAS _______________________ BY: DAN JOHNSON TITLE: CITY MANAGER DATE: ADDRESS: P.O. BOX 830309, RICHARDSON, TEXAS 75083 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § Before me, the undersigned authority on this day personally appeared Dan Johnson, City Manager of the City of Richardson, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 21 CITY OF ROCKWALL, TEXAS _______________________ BY: RICHARD CROWLEY TITLE: CITY MANAGER DATE: ADDRESS: 385 S. GOLIAD, ROCKWALL, TEXAS 75087 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF ROCKWALL § Before me, the undersigned authority on this day personally appeared Richard Crowley, City Manager of the City of Rockwall, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 22 CITY OF SEAGOVILLE, TEXAS _______________________ BY: PATRICK STALLINGS TITLE: CITY MANAGER DATE: ADDRESS: 702 N. HIGHWAY 175, SEAGOVILLE, TEXAS 75159 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § Before me, the undersigned authority on this day personally appeared Patrick Stallings, City Manager of the City of Seagoville, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 23 NORTH TEXAS MUNICIPAL WATER DISTRICT _______________________ BY: THOMAS W. KULA TITLE: EXECUTIVE DIRECTOR DATE: ADDRESS: 501 E. BROWN STREET, WYLIE, TEXAS 75098 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority on this day personally appeared Thomas W. Kula, Executive Director of the North Texas Municipal Water District, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged and swore to me that he executed the same for the purposes and the consideration therein expressed, and as the act and deed of said entity. ________________________________ Notary Public, State of Texas [Notary Seal} Item 5g INTERLOCAL AGREEMENT PAGE 24 EXHIBIT A MEMORANDUM OF UNDERSTANDING REGARDING DEVELOPMENT OF A REGIONAL CAPACITY, MANAGEMENT, OPERATIONS, AND MAINTENANCE (CMOM) PROGRAM Item 5g NORTH TEXAS MUNICIPAL WATER DISTRICT MEMORANDUM OF UNDERSTANDING REGARDING DEVELOPMENT OF A REGIONAL CAPACITY, MANAGEMENT, OPERATIONS, AND MAINTENANCE (CMOM) PROGRAM WHEREAS, the City of Allen, the City of Forney, the City of Frisco, the City of Heath, the City of McKinney, the City of Mesquite, the City of Plano, the City of Princeton, the Town of Prosper, the City of Richardson, the City of Rockwall and the City of Seagoville, (individually and collectively the “Communities”), have entered into various contracts (the “Contracts”) for the collection, conveyance, and treatment of wastewater from their various systems (the “Systems”); and WHEREAS, the Contracts do not include explicit provisions related to maintenance, management, and operation of the Systems; and WHEREAS, each entity has its own unique collection system and appropriations approval by their respective governing body, the program will be implemented consistent with the needs and appropriated funding of each entity; and WHEREAS, North Texas Municipal Water District (“NTMWD”) and the Communities have a goal to improve wastewater collection capacity, management, operations, and maintenance programs of the Systems; and NOW THEREFORE, NTMWD and the Communities agree to the following: NTMWD and the Communities shall work together in good faith to establish a model written Regional Capacity, Management, Operations, and Maintenance (CMOM) program related to the following aspects of NTMWD’s and Communities’ practices, assets, and programs. a. Emergency response and mitigation plan, b. Collection system cleaning program, c. Comprehensive Fats, Roots, Oil, and Grease (FROG) program, d. Condition assessment: Force mains, lift stations, manholes, gravity sewers, and service laterals, e. Hydraulic modeling capacity assessment, f. Formalized operation and maintenance (“O&M”) training program including standard operating procedures and classroom training, g. Point of entry and flow metering program, h. Maintenance management system, and i. Framework for identification and implementation of NTMWD and Community capital project needs resulting from condition and capacity assessments. This Memorandum of Understanding will be effective the date of the last signature with an awareness all Communities may not participate. Item 5g I t e m 5 g I t e m 5 g I t e m 5 g Item 5g Item 5g Item 5g Item 5g Item 5g I t e m 5 g I t e m 5 g MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM PAGE 3 Bruce D. Glasscock City Manager, City of Plano Derek F. Borg City Manager, City of Princeton Harlan Jefferson Town Man Town of Prosper Dan City Ma of Richardson Rick Crowley City Manager, City of Rockwall Pat Stallings Acting City Manager, City of Seagoville Date Date Date Date )) Date Date Item 5g Item 5g Item 5g Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item Consider and act upon authorizing the Town Manager to execute Amendment Eleven to the Interlocal Agreement between Collin County and the Town of Prosper, Texas, extending the agreement through FY 2017-2018, relating to Animal Sheltering Services. Description of Agenda Item: Collin County, the Town of Prosper, and several other municipalities (collectively referred to as "Parties") identified a need for an animal shelter in Collin County, for their mutual benefit. In 2006, the Parties entered into an Interlocal Agreement for the Facility Construction and Use of an Animal Shelter in Collin County. The shelter was constructed, and the Parties pay an annual fee to Collin County for the maintenance, operations, and use of the shelter. The Animal Sheltering Services provided by the County include, but are not limited to, receiving stray animals, caring for impounded animals, and coordinating adoptions and returns, when possible. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). Budget Impact: The fee for Animal Sheltering Services for FY 2017-2018 is $24,583.00. This is a $5,384.00 increase from last fiscal year. The fee will be funded by Code Compliance Contracted Services (100-5480-40-02). Legal Obligations and Review: Amendment Eleven is a standard format that was previously reviewed by Terrence Welch, of Brown & Hofmeister, L.L.P., as to form and legality. Attached Documents: 1.Collin County Contract Amendment Eleven – Interlocal Agreement for Animal Sheltering Town Staff Recommendation: Town staff recommends the Town Council authorize the Town Manager to execute Amendment Eleven to the Interlocal Agreement between Collin County and the Town of Prosper, Texas, extending the agreement through FY 2017-2018, relating to Animal Sheltering Services. Prosper is a place where everyone matters. DEVELOPMENT SERVICES Item 5h Page 2 of 2 Proposed Motion: I move to authorize the Town Manager to execute Amendment Eleven to the Interlocal Agreement between Collin County and the Town of Prosper, Texas, extending the agreement through FY 2017-2018, relating to Animal Sheltering Services. Item 5h Office of the Purchasing Agent Collin County Administration Building Contract Amendment Eleven (11)2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor:Town of Prosper Effective Date 10/1/2017 P. O. Box 307 Contract No.10100-09 Prosper, Tx 75078 Contract Awarded by Court Order No.: Contract Amendment No.:1 Court Order No. Contract Amendment No.:2 Court Order No. Contract Amendment No.:3 Court Order No. Contract Amendment No.:4 Court Order No. Contract Amendment No.:5 Court Order No. Contract Amendment No.:6 Court Order No. Contract Amendment No.:7 Court Order No. Contract Amendment No.:8 Court Order No. Contract Amendment No.:9 Court Order No. Contract Amendment No.:10 Court Order No. Contract Amendment No.:11 Court Order No. YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Contract shall be in effect from October 1, 2017, continuing through and including September 30, 2018 at the below rate: Total amount for fiscal year 2018: 24,583.00$ Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY:ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY Town of Prosper COMMISSIONERS’ COURT Collin County Administration Building P. O. Box 307 2300 Bloomdale Rd, Ste 3160 Prosper, Tx 75078 McKinney, Texas 75071 SIGNATURE Michalyn Rains, CPPO, CPPB TITLE:Purchasing Agent DATE: DATE: 2016-031-01-04 2014-1003-12-15 2014-013-01-06 2013-069-01-28 2011-687-09-19 2017-044-01-23 2009-853-10-12 Interlocal Agreement for the Facility Construction and Use of an Animal Shelter in Collin County 2008-895-10-14 2006-891-09-26 2008-048-01-22 2011-019-01-10 Item 5h Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Consider and act upon authorizing the Town Manager to execute Amendment Eleven to the Interlocal Agreement between Collin County and the Town of Prosper, Texas, extending the agreement through FY 2017-2018, relating to Animal Control Services. Description of Agenda Item: The Town of Prosper and Collin County entered into an Interlocal Agreement in 2006, authorizing Collin County to provide Animal Control Services for the Town of Prosper. The initial term of the agreement was one year, with automatic one-year renewal terms. This amendment to the agreement represents the eleventh renewal term for the period of October 1, 2017, to September 30, 2018, and the associated fee for services. The Animal Control Services provided by the County include, but are not limited to, vaccination of animals, reporting of human exposure to rabies, quarantine and testing of biting animals, reduction of the stray animal population, restraint of dangerous animals, prohibition of dogs running at large and of inhumane treatment of animals, and other related services; and to prescribe penalties for violation of such provisions in accordance with Chapters 822, 825, and 826 of the Texas Health & Safety Code, and Chapter 142 of the Agriculture Code. Local governments are authorized by the Interagency Cooperation Act, V.T.C.A. Government Code, Title 7, Chapter 771, to agree or contract with another agency for the provision of necessary and authorized services and resources. The Town of Prosper, and several other municipalities, contract with Collin County for Animal Control Services. Budget Impact: The fee for Animal Control Services for FY 2017-2018 is $40,604.00. This is a $2,256.00 increase from last fiscal year. The fee will be funded by Code Compliance Contracted Services (100-5480- 40-02). Legal Obligations and Review: Amendment Eleven is a standard format that was previously reviewed by Terrence Welch, of Brown & Hofmeister, L.L.P., as to form and legality. Prosper is a place where everyone matters. DEVELOPMENT SERVICES Item 5i Page 2 of 2 Attached Documents: 1. Collin County Contract Amendment Eleven – Interlocal Agreement for Animal Control Services Town Staff Recommendation: Town staff recommends the Town Council authorize the Town Manager to execute Amendment Eleven to the Interlocal Agreement between Collin County and the Town of Prosper, Texas, extending the agreement through FY 2017-2018, relating to Animal Control Services. Proposed Motion: I move to authorize the Town Manager to execute Amendment Eleven to the Interlocal Agreement between Collin County and the Town of Prosper, Texas, extending the agreement through FY 2017-2018, relating to Animal Control Services. Item 5i Office of the Purchasing Agent Collin County Administration Building Contract Amendment Eleven (11)2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor:Town of Prosper Effective Date 10/1/2017 P.O. Box 307 Contract No.10110-09 Prosper, TX 75078 Contract Awarded by Court Order No.: Contract Amendment No.:1 Court Order No. Contract Amendment No.:2 Court Order No. Contract Amendment No.:3 Court Order No. Contract Amendment No.:4 Court Order No. Contract Amendment No.:5 Court Order No. Contract Amendment No.:6 Court Order No. Contract Amendment No.:7 Court Order No. Contract Amendment No.:8 Court Order No. Contract Amendment No.:9 Court Order No. Contract Amendment No.:10 Court Order No. Contract Amendment No.:11 Court Order No. YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Extension of agreement for a one (1) year period as provided for in section 5.0 of the contract documents. Agreement shall be in effect from October 1, 2017, continuing through and including September 30, 2018. Total amount for fiscal year 2018: 40,604.00$ Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY:ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY TOWN OF PROSPER COMMISSIONERS’ COURT Collin County Administration Building P.O. Box 307 2300 Bloomdale Rd, Ste 3160 Prosper, TX 75078 McKinney, Texas 75071 SIGNATURE Michalyn Rains, CPPO, CPPB TITLE:Purchasing Agent DATE: DATE: Interlocal Agreement for Animal Control Services 2008-894-10-14 2006-879-09-26 2008-047-01-22 2011-018-01-10 2017-043-01-23 2016-030-01-04 2014-1004-12-15 2014-012--01-06 2013-017-01-07 2011-684-09-19 2009-852-10-12 Item 5i Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 2.5+ acres from Downtown Retail (DTR) to Planned Development-Downtown Retail (PD-DTR) to facilitate the development of a food truck park and outdoor entertainment venue (Silo Park), located on the northeast corner of W. Broadway Street and McKinley Street. (Z17-0009). Description of Agenda Item: The applicant has requested this item be tabled and the Public Hearing continued to the October 10, 2017, Town Council meeting, as outlined in the attached letter. Town Staff Recommendation: Town staff recommends this item be tabled and the Public Hearing continued to the October 10, 2017, Town Council meeting. Proposed Motion: I move to table this item and continue the Public Hearing to the October 10, 2017, Town Council meeting. Prosper is a place where everyone matters. PLANNING Item 5j September 19, 2017 Mr. Alex Glushko City of Prosper P.O. Box 307 Prosper, TX 75078 Re: Silo Park Town Council Meeting Dear Alex: This letter shall serve as a formal request to table action on the Silo Park zoning hearing from the September 26, 2017 meeting. Our team would respectfully request being placed on the October 10, 2017 scheduled meeting. Our team is evaluating the scope of the project and would like to further explore the opportunities before proceeding to Town Council. Thank you and please call if you have any comments or need additional information. Sincerely, Matt Moore, P.E. By Alex Glushko at 1:31 pm, Sep 19, 2017 Item 5j Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: 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. Description of Agenda Item: Attached are the Preliminary Site Plan and Site Plan that were acted on by the Planning & Zoning Commission at their September 19, 2017, meeting. Per the Town’s Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning & Zoning Commission. Attached Documents: 1.Preliminary Site Plan for Prosper Crossing 2.Site Plan for Kiddie Academy Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Prosper Crossing PSP South side of Richland Boulevard, 1,125+ feet east of Coit Road 40,540 square feet, total (5 buildings) Retail, Medical Office, and Child Day Care Center Pinnacle Montessori and Unknown Kiddie Academy SP Southwest corner of Hays Road and Highpoint Drive 10,000 square feet Child Day Care Center Kiddie Academy Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Item 5k Item 5k I t e m 5 k Page 1 of 2 On To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Conduct a Public Hearing, and consider and act upon a request for a Variance to Section 1.09 of the Sign Ordinance, regarding Wall Signs, for Texas Bank, located on the northwest corner of First Street and Preston Road. (V17-0007). Description of Agenda Item: On December 6, 2016, the Planning & Zoning Commission approved a Site Plan for a 3-story, 60-foot tall, 10,622 square-foot office building (Texas Bank). The Sign Ordinance limits the height of tenant wall signs to a maximum height of three (3) feet, where the height of the tenant wall area is 20 feet or less. The height is measured per floor and not total height of the building. The Texas Bank wall height is 14 feet, and located on the first floor of the building. The applicant is requesting a maximum sign height of eight (8) feet and to locate the wall sign on the second floor of the building in order to provide proportionate signage for the overall building height. For reference, the table below lists this request and previously approved Variances and Special Purpose Sign Districts related to wall sign height. Project Height of Tenant Wall Area Max. Permitted Wall Sign Height Per Sign Code Approved Wall Sign Height % of Sign Height to Wall Height Texas Bank 14 feet, 0 inches 3 feet 8 feet, 0 inches (proposed) 57% Dick’s Sporting Goods (Gates of Prosper) 45 feet, 0 inches 5 feet 15 feet, 1 inch 33% Field & Stream (Gates of Prosper) 45 feet, 0 inches 5 feet 30 feet, 1 inch 67% Home Depot (Windsong Ranch) 43 feet, 0 inches 5 feet 6 feet, 0 inches 14% Kroger Marketplace (Prosper Plaza) 47 feet, 8 inches 5 feet 12 feet, 6 inches 26% Kroger Marketplace (Shops at Prosper Trail) 47 feet, 8 inches 5 feet 12 feet, 6 inches 26% Kroger Marketplace (Windsong Ranch) 47 feet, 8 inches 5 feet 12 feet, 6 inches 26% Longo Toyota 26 feet, 4 inches 4 feet 14 feet, 0 inches 53% Prosper is a place where everyone PLANNING Item 7 Page 2 of 2 Lowes (Prosper Plaza) 54 feet, 8 inches 5 feet 9 feet, 4 inches 17% Texas Roadhouse (Gates of Prosper) 22 feet, 10 inches 4 feet 6 feet, 0 inches 27% The Sign Ordinance contains five criteria to be considered in determining the validity of a sign variance request. The applicant has provided a response letter addressing these criteria. 1. The literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant; 2. The proposed sign shall not adversely impact and will be wholly compatible with the use and permitted development of the adjacent property (visibility, size, etc.); 3. The proposed sign shall be of a unique design or configuration; 4. The special exception is needed due to a hardship caused by restricted area, shape, topography, or physical features that are unique to the property or structure on which the proposed sign would be erected, and such hardship is not self-imposed; and 5. The special exception will substantially improve the public convenience and welfare and does not violate the intent of this Ordinance. Staff’s believes that this request is in harmony with the intent of the Sign Ordinance and is reasonable given the overall height of the building, and that the criteria for variance approval has been satisfied. Legal Obligations and Review: Notification was provided to neighboring property owners as required by the Sign Ordinance. Staff has received one Public Hearing Notice Reply Form, not in opposition to the request. Attached Documents: 1. Location map 2. Sign Variance exhibits 3. Request letter Staff Recommendation: Staff recommends the Town Council approve a Variance to Section 1.09 of the Sign Ordinance, regarding Wall Signs, for Texas Bank, located on the northwest corner of First Street and Preston Road. Proposed Motion: I move to approve a Variance to Section 1.09 of the Sign Ordinance, regarding Wall Signs, for Texas Bank, located on the northwest corner of First Street and Preston Road. Item 7 FIRST ST CR A I G R D LA N E S T THIRD ST PR E S T O N R D V17-0007 ±0 90 180 27045Feet Item 7 Item 7 Item 7 Variance Request Letter • The new Texas Bank building at 290 S Preston Rd in Prosper is 65’ x 136’ in length. This constitutes a building façade of a total of 8840 sq ft. The banks proposed signage is 8’ x 13’-10”. The total square footage is 110.64 sq ft. This is a total of approximately 12.5% of total wall space. • The bank is requesting a larger than allowed wall sign. (Max 3’-0” under code). Our application is for 8’ x 13’-10” individual letter wall sign as per Chandler’s design #0395159AR7. • The granting of the variance for the manufacture and install of (1) 8’ x 13’- 0” individual sign display will not adversely affect the land use in any form or fashion. • The variance if granted will not affect the material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity. Item 7 Page 1 of 5 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 47.9± acres from Agriculture (A) to Planned Development (PD), for a Prosper ISD (PISD) athletic complex with a multi-sport stadium and a natatorium, located on the south side of Frontier Parkway, 460+ feet west of the Burlington Northern-Santa Fe Railroad (BNSF) right-of-way. (Z17-0008). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Agriculture Undeveloped Medium Density Residential North City of Celina City of Celina City of Celina East Commercial Commercial Office Park Medium Density Residential South Agriculture Town of Prosper Frontier Park Medium Density Residential West Agriculture Town of Prosper Frontier Park Medium Density Residential The purpose of the proposed PD amendment is to allow for the development of a Prosper ISD athletic complex containing a multi-sport stadium, natatorium, and associated parking. The seating capacity of the stadium is approximately 12,000 and the seating capacity of the natatorium is approximately 500. To facilitate this request, reductions to the Town’s minimum parking, architectural, and landscaping requirements are being requested by PISD. Prosper is a place where everyone matters. PLANNING Item 8 Page 2 of 5 The Zoning Ordinance requires one parking space for every four (4) seats or bench seating spaces. Based upon the proposed seating capacity of 12,000 for the stadium and a seating capacity of 500 for the natatorium, 3,125 parking spaces are required. PISD is requesting that this ratio be reduced to one parking space for every five (5) seats, which would require 2,500 parking spaces. A review of parking for similar facilities in McKinney and Allen would indicate that a ratio of one space to every five seats is adequate. Details of the proposed parking are as follows: Total Parking Proposed 2,641 parking spaces • New Parking Proposed • 2,435 parking spaces • PISD and Town Joint Use Parking • 166 parking spaces • Off-Site Parking • 40 parking spaces PISD will be required to enter into a shared parking agreement with the Town for use of the parking located at Frontier Park in order to comply with the proposed parking ratio. The agreement will benefit the Town, as it would allow for additional parking at PISD’s stadium for large events or tournaments at Frontier Park. PISD is also requesting that certain Zoning Ordinance landscaping requirements be modified or waived, as shown on Exhibit G, as follows: Perimeter Landscaping – The Zoning Ordinance currently requires a 25-foot landscape buffer along Frontier Park and a 5-foot buffer along the remaining property lines, with associated large trees and shrubs. The applicant is proposing to eliminate the eastern half of the 25-foot landscape buffer and required plantings along Frontier Parkway and to eliminate the 5-foot landscape buffer and required planting along the remainder of the property lines. PISD is requesting to relocate and cluster the required trees at entrances to the complex and around the stadium in lieu of Frontier Parkway frontage tree planting. They feel that this will allow them to group trees and provide a more aesthetically appealing approach to the stadium. Exhibit G shows that shrubs forming the required head light screening along Frontier Parkway will be provided. Interior Landscaping – The Zoning Ordinance requires a landscape island and large tree every 15 parking spaces. The proposed PD calls for the elimination of a number of parking islands, which creates large parking fields without internal landscaping. The proposed landscaping as shown on Exhibit G, groups tree and shrub plantings around the two main entrances into the complex from Frontier Parkway and around the stadium. In this case, the Zoning Ordinance requires a total of 437 perimeter and interior trees. PISD is proposing to plant 352 trees. Exhibit F illustrates the proposed façade plans for the stadium and the natatorium. Both structures are proposing the use of approved primary masonry materials, brick and CMU; however, the use of secondary materials, metal, exceeds the Towns maximum requirement of 10%. In addition, the proposed natatorium proposes the use of a single masonry material, CMU, to exceed 80 percent of an Item 8 Page 3 of 5 elevation, which is not permitted by the Zoning Ordinance. PISD is requesting that these façade plans and building materials be allowed. Item 8 Page 4 of 5 The proposed athletic complex is a unique development in the Town. This uniqueness also carries over into architectural design and masonry façade requirements. Staff supports the Planned Development as proposed. Future Land Use Plan – The Future Land Use Plan recommends Medium Density Residential for the property; the proposed amendment conforms to the Future Land Use Plan as Prosper ISD facilities are permitted in all future land use categories. Thoroughfare Plan – The property has direct access to existing Frontier Parkway, an ultimate six- lane divided thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water and sanitary sewer services are directly adjacent to the property. Confirmation of capacity under analysis by the Prosper ISD. Access and Circulation – The property has access from Frontier Parkway. Adequate access is provided to the property. The Town and District are currently working on the details necessary to account for and accommodate the mass egress of traffic following large events. The District has indicated an operational strategy through the use of police and routing which will accommodate the anticipated volumes. Schools – This property is owned by the Prosper Independent School District. Parks – The site is directly adjacent to the Town’s Frontier Community Park and Sports Complex. Environmental Considerations – No 100-year floodplain exists on the property. Legal Obligations and Review: Notification was provided to neighboring property owners, as required by state law. Town staff has not received a Public Hearing Notice Reply Form. Attached Documents: 1. Location and Zoning Maps 2. Proposed Exhibits A, B, C, D, E, F, and G Planning & Zoning Commission Recommendation: At their September 19, 2017, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0, subject to: 1. Enhancing the architectural design materials and accent colors to the natatorium. Update: On September 21, 2017, the applicant indicated to staff that they were working on a revised elevation for the natatorium, per request of the Planning & Zoning Commission. The applicant indicated that the revised plan should be ready by Monday, September 25, 2017. This will be forwarded to Council upon receipt with staff comments. Town Staff Recommendation: Town staff recommends the Town Council approve the request to rezone 47.9± acres from Agriculture (A) to Planned Development (PD), for a Prosper ISD (PISD) athletic complex with a multi-sport stadium and a natatorium, located on the south side of Frontier Parkway, 460+ feet west of the Burlington Northern-Santa Fe Railroad (BNSF) right-of-way. Item 8 Page 5 of 5 Proposed Motion: I move to approve the request to rezone from Agriculture (A) to Planned Development (PD) for 47.9± acres, for a Prosper ISD (PISD) athletic complex with a multi-sport stadium and a natatorium, located on the south side of Frontier Parkway, 460+ feet west of the Burlington Northern-Santa Fe Railroad (BNSF) right-of-way. Item 8 Z17-0008 FRONTIER PKWY TA L O N L N CR 5 1 COLEMAN ST AC C E S S D R EVENING SUN DR WE S L E Y D R HIGHBRIDGE LN BE A C O N H I L L D R GR E E N W O O D M E M O R I A L D R TRAILSIDE DR SABINE DR RUSTIC LN AMBERLY LN S W I T C H G R A S S S T PR I N C E W I L L I A M L N DY L A N D R WATERVIEW DR OV E R B R O O K D R SAGEBRUSH DR SE D A L I A D R BA R N H I L L L N OL D O A K C T COUNTRYSIDE DR EA G L E D R FAWN MIST DR EA G L E D R ±0 275 550 825137.5 Feet Item 8 Z17-0008 FRONTIER PKWY TA L O N L N CR 5 1 COLEMAN ST AC C E S S D R EVENING SUN DR WE S L E Y D R HIGHBRIDGE LN BE A C O N H I L L D R GR E E N W O O D M E M O R I A L D R TRAILSIDE DR SABINE DR RUSTIC LN AMBERLY LN S W I T C H G R A S S S T PR I N C E W I L L I A M L N DY L A N D R WATERVIEW DR OV E R B R O O K D R SAGEBRUSH DR SE D A L I A D R BA R N H I L L L N OL D O A K C T COUNTRYSIDE DR EA G L E D R FAWN MIST DR EA G L E D R SF-10/15PD-22 SF-10PD-8 SF-12.5PD-69 A SF-10/15 SF-10 C SF-10 SF-12.5 ±0 275 550 825137.5 Feet Item 8 Item 8 I t e m 8 Z17-0008 EXHIBIT B STATEMENT OF INTENT AND PURPOSE Prosper Independent School District (PISD) is proposing to create a Planned Development for the creation of a PISD sports complex which will include a multi-purpose stadium and natatorium on a 44.8+ acre site. The proposed site improvements include a multi-building stadium, which will include a multi- sport playing field, a press box, concessions, locker rooms, restrooms, athletic offices, and banquet facilities. A separate natatorium will constructed in the southeast corner of the site, which will include two pools with multiple swimming lanes, offices, restrooms, and locker rooms. To support these facilities there will be almost 2,600 parking spaces on site with a shared parking agreement with the Town of Prosper providing additional parking in the adjacent Frontier Park sports complex and community park. Item 8 Z17-0008 EXHIBIT C PLANNED DEVELOPMENT STANDARDS Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance, as it exists or may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall apply. 1. Permitted Uses A. Athletic Stadium or Field, Public 2. Development Plans A. Concept Plan: The Tract shall develop in general accordance with the attached concept plan, set forth in Exhibit D. B. Elevations: The Tract shall be developed in general accordance with the attached elevations, set forth in Exhibit F. C. Landscaping: The site landscaping shall be developed in general accordance with the attached landscape plans, set forth in Exhibit G. 3. Regulations A. Setbacks i. Minimum Front Yard, Thirty (30) feet. ii. Minimum Side Yard, Fifteen (15) feet. iii. Minimum Rear Yard, Fifteen (15) feet. B. Height i. The heights of site improvements are indicated on Exhibit F with the maximum height of the stadium being 100 feet and the maximum height of the light standards being 130 feet. C. Parking i. Parking shall be provided at the ratio of one (1) parking space per five (5) seats or bench seating spaces in the multi-sport stadium. In addition to the 2,388 parking spaces located on the Prosper ISD site, this ratio requires Prosper ISD to enter into a shared parking agreement with the Town of Prosper to utilize parking located in the Town’s Frontier Park. D. Landscaping i. Perimeter – Requirements of Chapter 4, Section 2.6, Paragraph C.1.a of the Town’s Zoning Ordinance, as they exist or may be amended, shall not apply ii. Interior – Requirements of Chapter 4, Section 2.6, Paragraph C.2.g and Section 8.5, Paragraph A.3 of the Town’s Zoning Ordinance, as it exists or may be amended, shall not apply. Item 8 I t e m 8 Z17-0008 EXHIBIT E DEVELOPMENT SCHEDULE The proposed development will be constructed in one continuous phase with construction to commence following site plan approval and the issuance of appropriate construction- related permits. It is the intent of the Prosper Independent School District to begin construction immediately following January 1, 2018 and complete the facilities prior to the beginning of the 2019-2020 school year. Item 8 Item 8 Item 8 I t e m 8 I t e m 8 Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 4, Section 2 of the Zoning Ordinance, regarding landscaping maintenance. (Z17-0011). Background and Purpose of the Proposed Amendment: The proposed amendment codifies the requirement to maintain trees on Town-owned property, requires the development and maintenance of a work program, and gives the Parks and Recreation Board the option of establishing an advisory committee to assist on issues that are related to trees on public property. The proposed amendment is required for the Town to achieve the designation of Tree City USA by the Arbor Day Foundation and is consistent with other communities’ standards applicable to their Tree City USA designation. This program recognizes over 3,400 communities that have made commitment to the Urban Forest. The amendment will not change the tree care requirements or responsibilities on private property. An excerpt of the Zoning Ordinance with the proposed new language is attached. Legal Obligations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to recommend approval of the request. Notice of Town Council Public Hearing was provided in the newspaper as required by the Zoning Ordinance and state law. To date, no correspondence has been received. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1.Excerpt of the Zoning Ordinance regarding Landscape Maintenance with proposed amendments 2. Ordinance Planning & Zoning Commission Recommendation: At their September 19, 2017, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0. Town Staff Recommendation: Town staff recommends the Town Council approve an ordinance amending Chapter 4, Section 2 of the Zoning Ordinance, regarding landscaping maintenance. Proposed Motion: I move to approve an ordinance amending Chapter 4, Section 2 of the Zoning Ordinance, regarding landscaping maintenance. Prosper is a place where everyone matters. PLANNING Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 2 – LANDSCAPING SECTION 2 LANDSCAPING … 2.4 MAINTENANCE: A. The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping required by this Ordinance. All plant material shall be perpetually maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials that die shall be replaced by property owner, tenant or agent with plant material of similar variety and size, within thirty (30) days of notification by the Town or a date approved by the Town. B. All trees located on Town Property shall be cared for by the Town unless that responsibility is transferred to another entity through a Council-approved agreement. The Director of the Parks and Recreation Department shall ensure that the Town, or its contractor, monitors and cares for trees in a way that promotes a healthy and growing urban forest, is performed according to ANSI A300, “Standards for Tree Care Operations,” and tree care best management practices published by the International Society of Arboriculture. It shall be unlawful to remove, prune, damage or otherwise harm trees on Town property without permission from the Director of the Parks and Recreation Department. The Parks and Recreation Department shall be responsible for developing and updating an annual work plan. This work plan shall document what maintenance activities are being performed and scheduled each year. The Parks and Recreation Board may appoint an advisory committee to focus on issues and initiatives that pertain to any Urban Forest that is located on public lands. Item 9 TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE BY AMENDING SECTION 2.4, “MAINTENANCE,” OF SECTION 2, “LANDSCAPING,” OF CHAPTER 4, “DEVELOPMENT REQUIREMENTS,” BY ADDING THERETO A NEW SUBSECTION (B); PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town’s Zoning Ordinance to encompass those amendments as set forth herein; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning and Zoning Commission, and of all testimony and information submitted during said public hearing, the Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s Zoning Ordinance as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, and they are hereby approved and incorporated into the body of this Ordinance as if restated herein in their entirety. SECTION 2 From and after the effective date of this Ordinance, existing Section 2.4, “Maintenance,” of Section 2, “Landscaping,” of Chapter 4, “Development Requirements,” of the Town’s Zoning Ordinance, is hereby amended to read as follows: “2.4 MAINTENANCE A. The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping required by this Ordinance. All plant material shall be perpetually maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials that die shall be replaced by property owner, tenant or agent with plant material of similar variety and size, within thirty (30) days of notification by the Town or a date approved by the Town. B. All trees located on Town Property shall be cared for by the Town unless that responsibility is transferred to another entity through a Council-approved agreement. The Director of the Parks and Recreation Department shall ensure that the Town, or its contractor, monitors and cares for trees in a way that promotes Item 9 Ordinance No. 17-__, Page 2 a healthy and growing urban forest, is performed according to ANSI A300, “Standards for Tree Care Operations,” and tree care best management practices published by the International Society of Arboriculture. It shall be unlawful to remove, prune, damage or otherwise harm trees on Town property without permission from the Director of the Parks and Recreation Department. The Parks and Recreation Department shall be responsible for developing and updating an annual work plan. This work plan shall document what maintenance activities are being performed and scheduled each year. The Parks and Recreation Board may appoint an advisory committee to focus on issues and initiatives that pertain to any Urban Forest that is located on public lands.” SECTION 3 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense. SECTION 6 This Ordinance shall become effective from and after its adoption and publication as required by law; however, the provisions of this Ordinance shall not be applicable to any residential development or tract of land for which one or more final plats has been approved by the Town as of the effective date of this Ordinance. Item 9 Ordinance No. 17-__, Page 3 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF SEPTEMBER, 2017. ___________________________________ Ray Smith, Mayor ATTEST: _____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Item 9 Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond, RLA, Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Consider and act upon approving the purchase of lighting and installation services for the Eagles Landing Park and Folsom Park lighting project, from Musco Lighting LLC (Musco) through the Texas Local Government and Cooperative. Description of Agenda Item: In the FY 2016-2017 budget, a decision package was approved to provide lighting at Eagles Landing Park and Folsom Park using poles and light fixtures that were removed from Main Street Park prior to the commencement of the Town Hall construction project. As staff was working through the agreement with the PISD to allow the additional lighting at Eagles Landing Park, the PISD requested that the used poles from Main Street Park be “certified” as suitable prior to being allowed on PISD property. The lighting contractor was unable to find an engineer who would certify the poles, which necessitated that the project utilize new poles. Then, when the lights were removed, a closer inspection revealed the fixtures previously had been damaged by hail. Once known, it required changes to the scope of the original project. In lieu of requesting additional funds, staff met with representatives of the Prosper Baseball and Softball Association who agreed to forgo lighting Boyer Field at Eagles Landing Park. The project will still include lighting the two backstops on the north side of Eagles Landing Park. Also, electrical easements on the Folsom Park site restricted the lighting to the western backstop. Due to these new developments, staff asked Musco to provide pricing for new lights and poles. The system quoted will be more energy efficient and comes with the typical 25-year maintenance free warranty from Musco. As Musco was designing the project, staff asked for pricing and a light glare analysis for using LED lights at Folsom Park. In the past, park neighbors have expressed concern about the amount of light spill and glare. The LED lights are able to control the light much better and, due to the proximity of the homes, staff recommends using the LED fixtures. The LED system at Folsom Park will cost approximately $9,522.00 additional over metal halide. If approved, it is anticipated the project would be complete in December 2017. PARKS & RECREATION Prosper is a place where everyone matters. Item 10 Page 2 of 2 Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper entered into an interlocal participation agreement in June 2005, providing the Town’s participation in the Texas Local Government Purchasing Cooperative. Participation in the cooperative purchasing program allows our local government to purchase goods and services from the cooperative’s online purchasing system, BuyBoard, while satisfying all competitive bidding requirements. Budget Impact: The total cost of the lighting and installation services is $144,564.00. Funding in the amount of $96,000.00 was approved in the FY 2016-2017 budget, account number 100-6120-60-02, and $10,576.00 has been expended to remove the existing lighting equipment from Main Street Park. The balance of $59,140 is to be funded from $12,840 in cost savings from other projects and $46,300 in funds allocated in lieu of an Arborist position. Attached Documents: 1. Buy Board Quotes 2. Location Map 3. Glare Analysis Town Staff Recommendation: Town staff recommends that the Town Council approve the purchase of lighting and installation services for the Folsom Park and Eagles Landing Park lighting projects, from Musco Lighting LLC through the Texas Local Government Cooperative. Proposed Motion: I move to approve the purchase of lighting and installation services for the Folsom Park and Eagles Landing Park lighting project, from Musco Lighting LLC through the Texas Local Government Cooperative. Item 10 Musco Sports Lighting, LLC ž 2009, 2012 M-1290-enUS-3 1 Rucker Park Backstops – Metal Halide Prosper, Texas Buy Board Quote Park and Rec. Field Lighting Contract #512-16 September 7, 2017 Equipment Description Light-Structure Green™ System delivered to your site in Five Easy Pieces™ • 4 - Pre-cast concrete bases • 4 – 50’ Galvanized steel poles • UL Listed remote electrical component enclosure • Pole length wire harness • 16 – 1500W Factory-aimed and assembled metal halide luminaires Also Includes: • Energy savings of more than 50% over a standard lighting system • 50% less spill and glare light than Musco’s prior industry leading technology • Musco Constant 25™ warranty and maintenance program that eliminates 100% of your maintenance costs for 25 years, including labor and materials • Guaranteed constant light level for 25 years • 1 group re-lamp at the end of the lamps’ rated life, 5000 hours • Reduced energy consumption • Control Link® Control & Monitoring System for flexible control and solid management of your lighting system. We will tie into the existing Control Link for Rucker Park backstops. • Lighting Contactors • Installation of Musco equipment and electrical for a fully operational system • Designs and Electrical Engineering • Structural Engineering • Bonding and insurance Quote Musco’s Light Structure Green™ as described above Musco Equipment…………($15,545 per pole)………… $62,180 Installation…………………………………………………. $18,387 Bonding……………………………………………………. $754 Total…………………. $81,321 Pricing furnished is effective for 60 days and is considered confidential. Item 10 Musco Sports Lighting, LLC ž 2009, 2012 M-1290-enUS-3 2 Payment Terms To be determined. Musco will attempt to coordinate shipment so that delivery corresponds with the customer’s payment schedule. We will expect payment within the terms described above unless there is a written statement from Musco’s corporate headquarters stating the acceptance of different terms. • Delivery to the job site from the time of order, submittal approval, and confirmation of order details including voltage and phase, pole locations is approximately 30-45 days. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location • Two backstops. • Structural code and wind speed = 2012 IBC, 115 MPH • Confirmation of pole locations prior to production Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions. Chris Johnson Sales Representative Musco Sports Lighting, LLC Cell: 214-733-2927 E-mail: chris.johnson@musco.com Fax: 800-374-6402 Item 10 Musco Sports Lighting, LLC ž 2009, 2012 M-1290-enUS-3 1 Folsom Park Backstop LED Lighting Prosper, Texas Buy Board Quote Park and Rec. Field Lighting Contract #423-13 September 12, 2017 Equipment Description Light-Structure TLC 1150 LED™ System delivered to your site in Five Easy Pieces™ • 2- Pre-cast concrete bases • 2 – 50’ Galvanized steel poles • UL Listed remote electrical component enclosure • Pole length wire harness • 6 - Factory-aimed and assembled LED luminaires Also Includes: • Energy savings of more than 50% over a standard lighting system • 50% less spill and glare light than Musco’s prior industry leading technology • Musco Constant 25™ warranty and maintenance program that eliminates 100% of your maintenance costs for 25 years, including labor and materials • Guaranteed constant light level for 25 years • Reduced energy consumption • Control Link® Control & Monitoring System for flexible control and solid management of your lighting system. We will tie into the existing Control Links for Folsom Park backstop. • Lighting Contactors • Installation of Musco equipment and electrical for a fully operational system • Designs and Plans • Bonding and insurance Quote Musco’s Light Structure Green™ as described above Musco Equipment…………($22,309 per pole)………………. $44,618 Installation……………………………………………………….. $18,028 Bonding………………………………………………………….. $597 Total…………………. $63,243 Pricing furnished is effective for 60 days and is considered confidential. Item 10 Musco Sports Lighting, LLC ž 2009, 2012 M-1290-enUS-3 2 Payment Terms To be determined. Musco will attempt to coordinate shipment so that delivery corresponds with the customer’s payment schedule. We will expect payment within the terms described above unless there is a written statement from Musco’s corporate headquarters stating the acceptance of different terms. • Delivery to the job site from the time of order, submittal approval, and confirmation of order details including voltage and phase, pole locations is approximately 30-45 days. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location • Structural code and wind speed = 2012 IBC, 115 MPH • Confirmation of pole locations prior to production Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions. Chris Johnson Sales Representative Musco Sports Lighting, LLC Cell: 214-733-2927 E-mail: chris.johnson@musco.com Fax: 800-374-6402 Item 10 Item 10 Item 10 Item 10 Item 10 Page 1 of 1 To: Mayor and Town Council From: Dudley Raymond, RLA, Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Consider and act upon authorizing the Town Manager to execute the First Amendment to an Agreement between Prosper Independent School District and the Town of Prosper, Texas, related to the installation of lights at Eagles Landing Park. Description of Agenda Item In 2004, the Town and the Prosper Independent School District (PISD) entered into an Intergovernmental Joint Use and Lease Agreement for a portion of the Judy Rucker Elementary School site. That agreement allowed the Town to construct multi-use recreational fields for use by Town residents for youth sports. This area is known as Eagles Landing and contains a rectangular field, Coffman Field, Boyer Field and a practice area with two backstops. The attached First Amendment to an Agreement related to the installation of lights at Eagles Landing Park grants permission to the Town of Prosper from the PISD to install sports lighting at the practice area with two backstops. Lighting this area will allow the local sports leagues to use this area more and allow more practice time for teams. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Agreement as to form and legality. Attached Documents: 1.Agreement 2.Location Map Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute the First Amendment to an Agreement between Prosper Independent School District and the Town of Prosper, Texas, related to the installation of lights at Eagles Landing Park. Proposed Motion: I move to authorize the Town Manager to execute the First Amendment to an Agreement between Prosper Independent School District and the Town of Prosper, Texas, related to the installation of lights at Eagles Landing Park. PARKS & RECREATION Prosper is a place where everyone matters. Item 11 Item 11 Item 11 Item 11 R u c k e r E l e m e n t a r y I t e m 1 1 Page 1 of 3 To: Mayor and Town Council From: Dan Heischman, P.E., Senior Engineer Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 26, 2017 Agenda Item: Discussion on proposed Detention/Retention requirements in the Drainage Design Standards. Description of Agenda Item: Goal Four of the Town Council’s Major Initiatives, “Provide Efficient and Effective Roads and Infrastructure,” lists “Present drainage standards for adoption.” Staff reviewed current policies regarding drainage and developed a new set of Drainage Design Standards to be used in the design and construction of infrastructure within the Town and its Extra-Territorial Jurisdiction (ETJ). The proposed Design Standards were presented to Council as part of a Public Hearing on May 9, 2017. Based on Council input and direction, staff revised the proposed Detention/Retention requirements to require all detention be either retention or underground. The Prosper Developers Council (PDC) was invited to review and comment on the revised requirements. They expressed concerns with eliminating dry detention ponds due to the following: •Increased upfront costs: o Overexcavation to provide sufficient water depth below normal pool o Drilling of a water well to provide water to combat evaporation o 3-phase electric to water well o Aeration systems •Perpetual O&M burden on residents and business owners: o Electric costs for wells, fountains, and circulation o Equipment maintenance o More costly landscaping maintenance with water flora and fauna •Requiring wet facilities legislates practices that do not align with water conservation efforts: o Corralling water that would have been directed to local reservoirs (that provide water to local municipalities) and subjecting it to more evaporation losses due to more surface areas exposed o Utilizing groundwater or potable water to keep the appearance of the ponds •Aesthetic concerns: o Small developments (especially commercial development pads) could have small wet retention ponds that would look more conspicuous than a properly designed dry pond o Variability in weather can result in low water levels that can make the ponds unsightly, even with water wells where the flow is designed for average variability o Water flora and fauna maintenance o No matter how well designed, perception issue with regard to mosquitos Prosper is a place where everyone matters. ENGINEERING Item 12 Page 2 of 3 Specific Issues for Discussion: Wet Pond Criteria - Town staff and PDC worked on basic guidance for wet ponds. Most criteria did not receive objections or comments. One item receiving comment was the initial requirement of the pond depth being left up to the design engineer but the PDC requested a minimum depth for wet ponds for water quality. Language was added for a minimum depth but allows the Deputy Director of Engineering Services the ability to approve shallower depths. Underground Detention – New criteria was provided for underground detention criteria. Most criteria did not receive objections or comments. The first of two items, which had comments, included allowing structure slope to be a minimum of 0.30% instead of 0.50%, per draft guidelines. Staff had no objection to decreasing this minimum standard. Second item requested to provide additional material options for underground detention instead of just RCP pipe. Staff had no objections to expanding allowable material to include HDPE pipe or galvanized aluminum, which are common in neighboring municipalities. Language was added to allow the Deputy Director of Engineering Services the ability to approval additional alternative material. General – PDC requested minimum guidance on maintenance ramps as well as a change to the pond embankment slope from 5:1 (initial wet pond draft language) to 4:1. Staff provided minimum ramp criteria and agreed to an embankment slope of 4:1. Dry Pond Alternative - With PDC’s objection to the elimination of dry ponds, staff worked with the PDC on developing guidelines to a dry pond alternative, if allowed by Council. Initial language included criteria to ”soften” the look of dry ponds. Items that received comments include: • No portion of dry pond to be allowed within landscape buffers. The current Town policy is to not allow dry ponds to encroach into landscape setbacks unless done in a manner that makes it an amenity. • Draft language had guidance on requiring pilot channels and incorporating scour protection. PDC comments questioned the need for pilot channels and providing adequate scour protection. The current Town policy requires pilot channels and from staff’s experience, included options for scour protection that has worked well in the past. • Initial criteria had language for pilot channel design to incorporate aesthetic features (i.e. soft curves, natural stone). Because pilot channels in dry ponds are not always visible from adjacent roads or fire lanes, the language changed to “recommended” versus “required.” • PDC objected to the criteria to stone face any structure within a dry pond citing unnecessary added costs as the reason. The language was changed to require stone face on structures visible from adjacent roads or fire lanes. • Initial language had dry pond slopes at minimum of 5:1. The language was changed to 4:1, which is the same as the wet pond criteria. • Fence requirements on retaining walls was previously provided. Removed requirement in dry pond section as general guidance places responsibility on design engineer to consider pedestrian safety. • Town Parks and Recreation Department staff provided the following guidance on landscaping: o Landscaping a. One (1) evergreen shade tree OR three (3) evergreen ornamental trees for each fifty (50) linear feet of pond perimeter. b. Ten (10) evergreen shrubs (minimum five gallons in size) for each fifty (50) linear feet of pond perimeter. o Dry detention ponds are encouraged to be an irregular/natural looking shape, instead of trapezoidal, rectangular or square. Item 12 Page 3 of 3 Pending direction and input from the Town Council, staff will schedule the Drainage Design Standards for formal adoption on the October 10, 2017, Town Council agenda. Attached Documents: 1. Current Detention/Retention section proposed changes 2. Alternate section regarding dry detention for discussion 3. Map showing affected area Town Staff Recommendation: Town staff desires to receive feedback from the Town Council regarding the proposed Detention/Retention requirements in the Drainage Design Standards. Item 12 6.09. Detention/Retention Basin Design A. Town of Prosper Subdivision Ordinance and as amended requires detention within the town limits and its ETJ. 1. On September 8, 2015, Water Detention in Doe Branch Ordinance No. 15-51 was passed waiving detention requirements in the Doe Branch basin provided that creek stabilization is addressed and “pinch points” are analyzed. “Pinch points” include, but are not limited to culverts under BNSF railroad and under DNT service roads. 2. Where regional detention is not provided or locations in Doe Branch basin where infrastructure or other conditions create restrictions that would not allow release for fully developed flow, detention meeting the requirements of this section (6.09) shall be required. B. Detention Storage Calculations 1. Detention shall be provided for the 2, 5, 25, and 100-year design storms. Storage and outlet structures shall accommodate all four-frequency storm events. 2. Detention facilities without upstream detention areas and with drainage areas of twenty (20) acres or less can be designed using the Modified Rational Method otherwise the Unit Hydrograph Method shall be used. If the Unit Hydrograph Method is used, the model shall extend through the downstream point where the proposed development creates no adverse impacts. Include existing detention facilities within the influenced watershed. 3. No required parking space or fire lane may be located within a surface drainage pond. A maximum depth of six inches (6”) of ponded water is allowed in the parking lot. 1. Criteria established by the State of Texas for dam safety (TAC Title 30, Part 1, Chapter 299) and impoundment of state waters (Texas Water Code Chapter 11) shall apply where required by the state, and where, in the Engineer’s judgement, the potential hazard requires these more stringent criteria. C. Wet/Retention Pond Criteria 1. Wet ponds, aka Retention Ponds, are required in the Town of Prosper to satisfy detention requirements. Wet ponds provide amenities and increased water quality functions as compared to dry ponds. 2. Wet ponds should be designed to maintain a permanent pool of water throughout the year. 3. Wet pond design should consider water quality, and include a means of aeration such as fountains. Pond shall be a minimum of 6 ft deep, but should be designed to minimize potential of algae growth. Reduced pond depths can be allowed with approval by the Deputy Director of Engineering Services. 4. All areas above the normal pool water surface shall be irrigated or shall have an approved vegetative ground cover to prevent erosion. 5. Per Zoning Ord Ch 4, Sec 8.9.C.7 for non-residential development, detention ponds that are located between the building and street and contain a constant water level, are landscaped, or otherwise Commented [DH1]: B.3 – This language is vague – perhaps set a minimum depth and provide a provision that “reduced depths can be considered by the Director of Engineering and approved administratively”. Response – Town would prefer to defer minimum depth to design engineer and/or a professional in this area (biologist, etc). However, set depth at 6 ft which is consistent with area standard.  Item 12 treated as an amenity for the development, as determined by the Director of Development Services or his/her designee, may be calculated toward the required open space B. All detention/retention facilities shall demonstrate and provide an adequate outfall in accordance with Town Requirements. D. Underground Detention 1. Underground detention is allowed and encouraged on small development sites where regional detention is not provided. 2. Underground detention shall be located in a drainage and detention easement with the perimeter of easement being a minimum of 5 ft from edge of facility (or 1.5x the depth, whichever is greater). 3. All underground detention facilities shall have at least one access point for maintenance purposes. a. Periodic removal of sediment or other debris is required for proper function of detention facility. Access points shall be placed in manner for easy access and proper maintenance. b. Access shall be provided at point of restriction if less than 18” in diameter to allow ease of removal of trapped debris. 4. Underground detention shall have a minimum slope of 0.30% for all portions of invert/bottom of facility. 5. Material for underground detention shall be reinforced concrete, HDPE pipe or aluminized corrugated metal pipe. However, alternative material may be allowed with the approval of the Deputy Director of Engineering Services. Long-term stability and maintenance shall be considered with approval of alternative materials. 6. Underground facilities (including easements for detention) shall not be located under fire lanes without approval by Fire Marshal. If approved, only a single run of pipe shall be allowed to cross perpendicularly to fire lane. No pipe or other facility for underground detention shall be allowed to run longitudinally within a fire lane. All material under fire lanes shall be reinforced concrete. 7. No other public utility shall be allowed to cross an underground detention facility with exception of a single run of pipe. 8. All components of underground detention shall be privately maintained in accordance with standard detention easement language. 1. Upstream flow from public storm sewer shall not be permitted to flow through an underground facility without approval by the Deputy Director of Engineering Services. If allowed, measures shall be incorporated into underground detention design to provide an emergency outlet in case the detention outlet structure becomes blocked. This emergency outlet shall be placed in manner to prevent damage to structures on upstream development in likelihood underground detention facility becomes blocked. 9. C.A. Detention Storage Calculations Commented [DH2]: Reduce minimum slope to 0.3%. 0.5% is typical for ditch flow to prevent ponding in the earth bottom due to fluctuation in slope. 0.3% is commonly allowed with piping. Response - agree Commented [DH3]: D.4 – Multiple comments on underground detention allowed with alternate materials since these aren’t visible and provide no negative impact to the Town. I think Frisco has come up with a methodology that could be utilized here. Spiars has only designed one project in close to 20 years that included concrete pipe…it’s just too expensive. Much more common are plastic (PVC or HDPE) or aluminized corrugated metal consistent with what is authorized in Frisco and included in the text edit.   Response – agree, but want to not allow any product without additional info, etc. HDPE and aluminized corrugated metal should be acceptable. Item 12 1. Detention facilities without upstream detention areas and with drainage areas of twenty (20) acres or less can be designed using the Modified Rational Method otherwise the Unit Hydrograph Method shall be used. 2.1. If the Unit Hydrograph Method is used, the model shall extend through the downstream point where the proposed development creates no adverse impacts. Include existing detention facilities within the influenced watershed. 3.1. No required parking space or fire lane may be located within a surface drainage pond. A maximum depth of six inches (6”) of ponded water is allowed in the parking lot. E. Detention facilities, when required, shall be designed based upon the following minimum criteria: D. Pond and Spillway Geometry 1. Detention structures shall have a minimum of one foot (1’) of freeboard above the 100-year water surface elevation. If one foot (1’) of freeboard increases the capacity of the pond by a factor greater than 125% required for the 100-year water surface elevation, then the pond shall be designed to have a freeboard up to the 125% capacity. 2. The steepest side slope permitted for a vegetated embankment is 4:1. 3. Earth embankments used to temporarily or permanently impound surface water must be constructed according to specifications a required based on geotechnical investigations of the site and all regulatory requirements. 4. Detention facilities shall be designed with an emergency spillway in case the primary outfall ceases to function as designed. The spillway shall be designed to pass a minimum of the 100-year flood event. 5. It shall be the engineer of record’s responsibility to determine if a stability analysis is necessary based on global overturning and rapid drawdown. The stability analysis shall be performed by a licensed geotechnical engineer. Global overturning shall be based on full hydrostatic loading (at 100-year flood stage). The stability analysis from rapid drawdown conditions shall consider saturated soil conditions without the hydrostatic loading. A minimum factor of safety of 1.25 shall be required. 6. The EngineerApplicant shall provide a maintenance plan for the detention facility as part of the design. The maintenance plan shall indicate the ingress and egress locations to enter and maintain the pond, maintenance roles and responsibilities, contact information for the party responsible for the maintenance, and a maintenance schedule. 7. Access shall be provided to the banks and bottom of a detention facility for maintenance. a. Access ramps shall have width no less than 10 ft wide on a maximum longitudinal slope of 10:1. b. The Applicant shall provide an operations and maintenance plan that will detail access. c. Facilities with permanent pools shall address dewatering procedures. 5. Access shall be provided to the banks and bottom of a detention facility for maintenance. a. Engineer shall provide an operations and maintenance plan that will detail access. b. Facilities with permanent pools shall address dewatering procedures. Commented [DH4]: We recommend 4:1 slopes, which is definitely maintainable. 5:1 is unnecessary and would take up a lot more area. Response – intent of comment is for aesthetics not maintenance or other. Changed to 4:1 for wet pond version, but recommend 5:1 or greater if dry option allowed. Commented [DH5]: F.9 – Add a spec for a maintenance ramp, including max slope and minimum width. Response: specs added 7.a-c.  Commented [DH6]: The operations and maintenance plan will need input from the developer, HOA, operations folks, attorneys, landscape architects, etc. These sections would read more accurately if the responsibility was assigned to the developer, owner aka applicant. Item 12 Dry Pond Alternative A.Dry/Detention Pond Criteria 1.Where detention is required, and retention (wet ponds) are not feasible, underground detention (See 6.09.D.) or dry detention ponds shall be considered. 2.No portion of a dry detention pond required for storage shall be located within required landscape setbacks (unless it includes an ornamental landscaping design which will not impede the function of the dry detention pond). No portion of the detention pond is allowed in a required open space for non- residential development (unless pond is for retention and designed as a water feature). 3.Longitudinal slope shall be no less than 0.50%. Cross slopes to the pilot channel shall be no less than 1.0%. 4.A non-erodible pilot channel for maintenance purposes shall be provided to convey low flow runoff from points of concentrated inflow to the pond outlet structure if the bottom slope is less than two percent (2%). Erosion protection must be provided adjacent to the pilot channel to prevent undermining due to scour. The pilot channel must have a minimum slope of one half percent 0.50%). a. Approved methods of scour protection would include turf mats or rip rap (3”-5” typical). Alternative methods may be allowed with the approval of the Deputy Director of Engineering Services. 1.5.Pilot channels shall incorporate aesthetically pleasing components such as gentle curves, natural stone or other into its design. See example in Figure 6.1 below. Figure 6.1 Commented [DH7]: It might not be a bad idea to allow some landscaping flexibility within the design of the dry detention ponds or at least the slopes down into them. Response: Zoning ordinance X.X restricts this, but… Commented [DH8]: C.4 – I’ve heard multiple arguments for and against pilot channels. The biggest drawback is the scour along the edge between concrete and not concrete. There really isn’t “fix” for this. Both item nos. 4 & 5 mandate certain actions without providing any detail. #4 is ok if we could specify curlex and seed adjacent to the pilot channel and satisfy the requirement. See 4.a. added language 6.a. Item 12 2.6.All inlets (including headwalls) and outlet structures clearly visible from an adjacent street or fire lane shall be faced with stone or other masonry complimentary to the adjacent buildings. 3.7.No more than two (adjacent) sides shall have retaining walls to encompass a dry pond. All other sides must have maximum (no steeper) 4:1 slopes. 4.A forty-two inch (42”) height (minimum) ornamental fence shall be provided atop all retaining walls over thirty inches (30”). 8.Landscaping a.One (1) evergreen shade tree OR three (3) evergreen ornamental trees for each fifty (50) linear feet of pond perimeter. b.Ten (10) evergreen shrubs (minimum five gallons in size) for each fifty (50) linear feet of pond perimeter. 9.Dry detention ponds are encouraged to be an irregular/natural looking shape, instead of trapezoidal, rectangular or square.  5.10.All areas shall be irrigated and/or shall have an approved vegetative ground cover to prevent erosion. Commented [DH9]: Figure 6.1 doesn’t clarify at all. We would prefer to see sample cross-sections (see inserted sketch) of potential options that would represent the minimum acceptable requirements. Aesthetically pleasing is subjective and should be made more definitive. Response: Because pilot channels typically are not as visible from public eye, language changed to “recommend” but not require. If dry pond alternative allowed, staff does not intend to provide sample cross section as suggested. Commented [DH10]: There is no reason to increase development costs and thereby home costs if the residents are not going to see the dressed up drainage structures. Response: Intent is for structures seen by the public and will not necessarily apply to those that are hidden from view Commented [DH11]: Recommend 4:1 slopes, which is definitely maintainable. 5:1 is unnecessary and would take up a lot more area. Response: While flatter slopes may make dry ponds more aesthetically pleasing, staff has no objection to 4:1 max slopes. Commented [DH12]: No. 8 seems like an unneeded expense and not a drainage related item (unless speficifically tied to retaining walls within detention ponds). Recommend it be either clarified or deleted here and potentially addressed in another section if deemed appropriate. Response: Deleted item as D.8. covers Town concerns without placing unwarranted restrictions if non-issue. PDC did not object to D.8. (previosuly E.8. from original draft) Commented [DH13]: Added criteria recommended by Town’s Landscape Architect not seen previously by PDC or others. Item 12 Item 12