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01.10.23 Town Council Regular Meeting PacketPage 1 of 4 ] Prosper is a place where everyone matters. Welcome to the Prosper Town Council Meeting. Citizens may watch the meeting live by using the following link: https://prospertx.new.swagit.com/views/378/ Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assumes no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for further assistance. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Town Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Town Council or while attending the Town Council meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Town Council during that session of the Town Council. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. 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. 1. Consider and act upon the minutes of the December 13, 2022, Town Council Work Session meeting. (MLS) Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, January 10, 2023 6:15 PM Page 1 Page 2 of 4 2. Consider and act upon the minutes of the December 13, 2022, Town Council meeting. (MLS) 3. Consider and act upon approving Change Order Number 01 for CSP No. 2022-05-B, EDA Award No. 08-79-05522 to Archer Western Construction, related to construction services for the Lower Pressure Plane (LPP) Pump Station and LPP Water Line Phase 2 project; and authorizing the Interim Town Manager to execute Change Order Number 01 for same. (HW) 4. Consider and act upon authorizing the Interim Town Manager to execute a one-year renewal of two Consultant Services Agreements between Avenu Analytics/MuniServices, LLC, and the Town of Prosper, Texas, related to sales tax consulting for the Town’s two Special Purpose Districts Investment Advisory services. (RBS) 5. Consider and act upon a Façade Plan for a Residence/Extended Stay Hotel on Lot 16, 2.8± acres, located on the north side of U.S Highway 380, east of FM 1385. This property is zoned Planned Development-94 (PD-94). (D22-0086) (DS) 6. Consider and act upon appointing Bob Scott as the Interim Town Manager until such time as a new Town Manager begins employment with the Town; terminate the service provider agreement with Purefoy & Patterson, LLC, effective January 10, 2023; and to ratify any actions taken by Mr. Scott as Interim Town Manager prior to the date of appointment. (TW) 7. Conduct a public hearing and consider and act upon a request to rezone 13.3± acres from Single Family-15 (SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail development, located on the east side of Preston Road, north of St. Peter Lane. (Z21-0003). This is a companion case to CA21-0001. (Request to be tabled) (DS) 8. Conduct a public hearing and consider and act upon a request to amend the Future Land Use Plan from Residential Low Density to Retail and Neighborhood Services, generally located on the east side of Preston Road, north of St. Peter Lane. (CA21- 0001) This is a companion case to Z21-0003. (Request to be tabled) (DS) 9. Consider and act upon whether to direct staff to submit a written notice of appeals 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 Plans and Preliminary Site Plans, including Broadway Retail Phase 2, Westside Lots 15 & 16, Victory at Frontier Lot 7, Legacy Intuitive Health, Rock Creek Church, and Prosper Fire Station #4. (DS) 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 Comment Request Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to one individual appointed to speak on their behalf. All individuals yielding their time must be present at the meeting, and the appointed individual will be limited to a total of 15 minutes. Page 2 Page 3 of 4 REGULAR AGENDA: If you wish to address the Council, please fill out a “Public Comment Request Form” and present it to the Town Secretary, preferably before the meeting begins. Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a non-public hearing item, they may either address the Council during the Citizen Comments portion of the meeting or when the item is considered by the Town Council. Items for Individual Consideration: 10. Receive an update regarding the Guaranteed Maximum Price (GMP) for the Fire Station No. 4 project. (SB) 11. Consider and act upon a resolution adopting the Town of Prosper 2023 Legislative Agenda. (RB) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters, including Town Manager search and selection process, and all matters incident and related thereto. Section 551.071– To discuss possible litigation regarding U.S. 380 siting decisions, including alternate routes and environmental studies matters, and all matters incident and related thereto. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First 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 Friday, January 6, 2023, and remained so posted at least 72 hours before said meeting was convened. ________________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Page 3 Page 4 of 4 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 4 Page 1 of 2 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 5:02 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Jeff Hodges Deputy Mayor Pro-Tem Craig Andres Councilmember Amy Bartley Councilmember Chris Kern Councilmember Charles Cotten Council Members Absent: Councilmember Marcus E. Ray Staff Members Present: Ron K. Patterson, Interim Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Robyn Battle, Executive Director of Community Services Bob Scott, Executive Director of Administrative Services Hulon Webb, Interim Executive Director of Development and Infrastructure Services Jessika Hotchkin, Help Desk Technician I Doug Kowalski, Police Chief Scott Brewer, Assistant Police Chief Items for Individual Consideration 1. Receive direction on updates to the Sign Ordinance. (BC) Mr. Cudd presented the Town Council with an overview of the current requirements as well as items not currently addressed within the ordinance. Staff is seeking direction on any modifications to the ordinance including any considerations for the Downtown area and/or a process for variances. The Town Council discussed broker signs and ways to incorporate into a development with and without a monument sign, digital/electronic signs, having flexibility within the Downtown area and being open to sandwich boards, the number of maximum signs and placement on a building, and the sign variance process. Regarding election signs, the Council did not request any changes to the ordinance or any additional enforcement; however, staff was requested to make additional efforts to educate candidates on the sign ordinance requirements regarding elections signs. MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, December 13, 2022 Page 5 Item 1. Page 2 of 2 2. Discuss virtual participation in public meetings. (RKP/MLS) Mr. Patterson stated this is a continuation of discussion from a previous work session seeking a policy direction on whether to eliminate virtual participation or keep as is. The Town Council consensus was to eliminate virtual participation. Town staff indicated they would make the necessary wording changes for the agenda, website, and forms. Adjourn. The meeting was adjourned at 6:04 p.m. These minutes approved on the 10th day of January 2023. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 6 Item 1. Page 1 of 8 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 6:15 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Jeff Hodges Deputy Mayor Pro-Tem Craig Andres Councilmember Amy Bartley Councilmember Chris Kern Councilmember Charles Cotton Council Members Absent: Councilmember Marcus E. Ray Staff Members Present: Ron K. Patterson, Interim Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Robyn Battle, Executive Director of Community Services Bob Scott, Executive Director of Administrative Services Hulon Webb, Interim Executive Director of Development and Infrastructure Services Paul Rodriguez, Senior Planner Dan Baker, Parks and Recreation Director Chris Landrum, Finance Director James Edwards, Human Resources Director Leslie Scott, Director of Library Services Leigh Johnson, IT Director Jessika Hotchkin, Help Desk Technician I Len McCaw, Technical Project Manager Pamela Clark, Business Systems Specialist Brady Cudd, Building Official Doug Kowalski, Police Chief Scott Brewer, Assistant Police Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Brad Wilkerson with Rock Creek Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. An nouncements of recent and upcoming events. Councilmember Kern made the following announcements: We would like to thank all those who attended the annual Christmas Festival this year. We had great weather and a fantastic turnout of over 6,000 people. An extra special thanks to our Parks and Recreation Department for all their hard work, as well as to all the staff who helped and MINUTES Prosper Town Council Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Tuesday, December 13, 2022 Page 7 Item 2. Page 2 of 8 volunteered, and the sponsors for allowing the Town to make the event bigger and better each year. Be on the lookout this week through the Prosper Parks and Recreation Facebook page for this year’s Light the Night holiday lighting contest winners or visit prosperchristmas.org. Winners to be announced on social media on December 16. Thank you to everyone who has and continues to donate to the Salvation Army Red Kettle Campaign. On December 2, Prosper Mayor, David Bristol, and members of the Town Council and staff collected over $1,500 from generous shoppers at Kroger on Preston Road to support neighbors who battle poverty, addiction, and homelessness. You can still donate online to The Salvation Army of North Texas McKinney Corps Team. The Town has currently collected $1,748 with the most donors and just shy of the $2,000 goal behind The City of Frisco at $2,050. Show your support today and help the Town of Prosper reach and beat their goal. A reminder that Town Hall Offices will be closed on Friday, December 23 and Monday, December 26 for the Christmas Holiday as well as Monday, January 2 for the New Year’s Holiday. There will be no trash service delays since the holidays fall over the weekend. However, the special bulk drop off location at Public Works will be closed on Saturday, December 24 and Saturday, December 31. The Prosper Community Library will be closed Friday, December 23 thru Monday, December 26 for the Christmas Holiday, as well as Monday, January 2 for the New Year’s Holiday, and lastly Reminder to citizens that the Tuesday, December 27 Town Council meeting has been canceled. We wish everyone a Happy Holiday Season! Presentations. 1. Receive an update from the Engineering Services Department. (HW) Mr. Webb provided an update within the Engineering Department including residential and non-residential projects, construction inspections, right-of-way permits, stormwater management, capital projects, regional infrastructure, and progress being made within the Town. 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. 2. Consider and act upon the minutes of the November 22, 2022, Town Council Work Session meeting. (MLS) 3. Consider and act upon the minutes of the November 22, 2022, Town Council meeting. (MLS) 4. Consider and act upon the minutes of the December 2, 2022, Town Council Work Session meeting. (MLS) 5. Receive the Quarterly Investment Report for September 30, 2022. (CL) 6. Consider and act upon approval of various annual maintenance, repair, and operational open purchase orders for the Information Technology Department during FY 2023. (LJ) Page 8 Item 2. Page 3 of 8 7. Consider and act upon approving the expenditure for annual software assurance of the Town’s computer aided dispatch and record management systems for Public Safety, from Integrated Computer Systems, Inc., a sole source provider. (LJ) 8. Consider and act upon approving Change Order Number 01 for CSP 2022-48-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the First Street (Coit-Custer) 4 Lane project (CIP No. 2014-ST); and authorizing the Interim Town Manager to execute Change Order Number 01 for same. (HW) 9. Consider and act upon authorizing the Interim Town Manager to execute a Professional Engineering Services Agreement between Lockwood, Andrews & Newnam, Inc., and the Town of Prosper, Texas, related to the design of the Preston Road/Prosper Trail Dual Left Turns and Coit Road/US 380 Dual Left Turns projects. (HW) 10. Consider and act upon authorizing the Interim Town Manager to execute a Professional Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to providing on-call traffic engineering services. (HW) 11. Consider and act upon authorizing the Interim Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to stormwater inspections services. (HW) 12. Consider and act upon awarding RFP No. 2023-04-B for stop loss insurance for the Town’s self-insurance fund, effective January 1, 2023, and authorizing the Town Manager to execute all documents for the same. (JE) 13. Consider and act upon Ordinance 2022-74 adding the Restricted Prior Service Credit to the Town’s TMRS plan design. (JE) 14. Consider and act upon the dissolution of the Benefits Subcommittee. (JE) 15. Consider and act upon Ordinance 2022-75 to rezone 0.36± acres from Single Family-15 (SF-15) to Downtown Office (DTO), located on the northeast corner of First Street and Parvin Street. (Z22-0016). (DS) 16. Consider and act upon Ordinance 2022-76 to rezone 7.9± acres from Office (O) to Planned Development-Office (PD-O), generally to modify the development standards to facilitate an office/retail development, including drive-through coffee shop as a permitted use, located on the northwest corner of Preston Road and Coleman Road. (Z21-0013). (DS) 17. Consider and act upon authorizing the Interim Town Manager to execute a Development Agreement between Victory at Frontier South LP, and the Town of Prosper, Texas, related to the Victory at Frontier South development, located on the northwest corner of Preston Road and Coleman Road. (DS) 18. Consider and act upon adopting Ordinance 2022-77 amending certain Water and Wastewater Fees contained in Subsection (d), “Water/wastewater connection/tap fee” of Section XIV, “Public Works Fee Schedule,” contained in Appendix A “Fee Schedule”, the to the Town’s Code of Ordinances. (HW) 19. Consider and act upon Ordinance 2022-78 amending Subsection (d) of Section 6.06.005, “Specific conditions and cross-connection controls,” of Article 6.06, Page 9 Item 2. Page 4 of 8 “Irrigation Systems,” of Chapter 6, “Health and Sanitation,” of the Town’s Code of Ordinances. (BC) 20. 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 Plans and Preliminary Site Plans, including Rock Creek Church and Victory at Frontier Lot 5. (DS) Councilmember Cotten requested to pull item 8. Councilmember Kern requested to pull items 16 and 17. Mayor Pro-Tem Hodges made a motion to approve consent agenda items 2 through 20 except for items 8, 16 and 17. Councilmember Cotten seconded that motion, and the motion was unanimously approved. Councilmember Cotten asked regarding item 8 is intended to accelerate the project. Mr. Webb commented it would accelerate the project by six to nine months. Councilmember Cotten stated he would prefer to see the funds set aside for other projects. The Town Council discussed the two proposed sections of roadway to be completed as part of the change order. Councilmember Bartley made a motion to approve Section one (1) from First Street to Greenspoint. Deputy Mayor Pro-Tem Andres seconded that motion. Tie vote of 3-3. Councilmembers Cotten and Kern, and Mayor Bristol opposed. The motion failed. Councilmember Cotten made a motion to deny Change Order Number 01 for CSP 2022-48-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the First Street (Coit-Custer) 4 Lane project (CIP No. 2014-ST). Councilmember Kern seconded that motion. Motion fails with a 2-4 vote. Councilmember Bartley, Mayor Pro-Tem Hodges, Deputy Mayor Pro-Tem Andres, and Mayor Bristol opposed. Mayor Pro-Tem Hodges made a motion to approve Change Order Number 01 for CSP 2022-48-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the First Street (Coit-Custer) 4 Lane project (CIP No. 2014-ST) as presented; and authorizing the Interim Town Manager to execute Change Order Number 01 for same. Mayor Bristol seconded that motion. Motion fails with 2-4 vote. Councilmembers Cotten, Kern, Bartley, and Deputy Mayor Pro-Tem Andres opposed. Mayor Bristol made a motion to approve Section one (1) from First Street to Greenspoint as part of Change Order Number 01 for CSP 2022-48-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the First Street (Coit- Custer) 4 Lane project (CIP No. 2014-ST); and authorizing the Interim Town Manager to execute Change Order Number 01 for same. Councilmember Bartley seconded that motion (please double check; I have Charles seconding the motion). Motion carried with 5-1 vote. Councilmember Kern opposed. Councilmember Kern asked if the plans were meeting the masonry requirement regarding item 16. Mr. Welch, Town Attorney, indicated that within Exhibit B and the elevation plans, the applicant was meeting the 80% masonry requirement as requested by the Town Council, and the Development Agreement is pursuant to the proposed ordinance. Page 10 Item 2. Page 5 of 8 Mayor Pro Tem-Hodges commented that he is not in favor and would prefer to see the 100% masonry requirement as written within the Town’s ordinance. Councilmember Cotten made a motion to approve items 16 and 17 as presented. Mayor Pro-Tem Andres seconded that motion. Motion carried with 4-2 vote. Councilmember Kern and Mayor Pro-Tem Hodges opposed. CITIZEN COMMENTS Katya Kondragunta, 2908 Driftwood Creek Trail, stated she is a leader for ACE (Action for the Climate Emergency) team for Prosper High School. The team is raising awareness for support of having recycling services on campus at PHS. Emily Lilienthal, 2624 Seabiscuit Road, member of ACE, described the conditions of trash versus recycling at the high school. Isabelle Hughes, 4144 Agatha Lane, member of ACE, commented on microplastics and harming of the environment without recycling. Karya Kondragunta, 2908 Driftwood Creek Trail, member of ACE, noted the amounts of trash ended up in recycling and the education tools needed to promote recycling. Chloe Harbert, 641 Darian Drive, member of ACE, described the recycling program to help with paper waste. She requested that the Town Council add to the next general meeting to consider adding recycling services to the high school campus. Items for Individual Consideration: 21. Consider and act upon the 2023 Prosper Town Council regular meeting schedule. (MLS) Ms. Lewis Sirianni stated each year the Town Council has an opportunity to review and approve the upcoming regular meeting schedule. Staff is requesting approval as proposed with the cancellation of the second meeting in December. Councilmember Cotten made a motion to approve as presented. Mayor Pro-Tem Hodges seconded that motion, and the motion was unanimously approved. 22. Consider and act upon Ordinance 2022-79 amending Ordinance No. 2021-55 (FY 2021-2022 Annual Budget). (CL) Mr. Landrum presented the proposed amendments as part of fiscal year 2021-2022 Budget and indicated its support of approval by the Finance Subcommittee. Councilmember Kern made a motion to approve Ordinance 2022-79 amending Ordinance No. 2021-55 (FY 2021-2022 Annual Budget) to provide funding increased expenditures in the General Fund, Crime Control and Prevention District Fund, Fire Control, Prevention, and Emergency Medical Services District Fund, TIRZ #1 Fund, TIRZ #2 Fund, Stormwater Drainage Utility Fund, Wastewater Impact Fee Fund, West Thoroughfare Impact Fee Fund, and Health Fund. Mayor Pro-Tem Andres seconded that motion, and the motion was unanimously approved. Page 11 Item 2. Page 6 of 8 23. Consider and act upon Ordinance 2022-80 amending Ordinance No. 2022-54 (FY 2022-2023 Annual Budget). (CL) Mr. Landrum presented the proposed amendments as part of fiscal year 2022-2023 Budget and indicated its support of approval by the Finance Subcommittee. Mr. Landrum also spoke to the capital dedicated funds and projects as proposed by the Capital Improvements Subcommittee. The Town Council discussed the proposed capital projects. Deputy Mayor Pro-Tem Andres made a motion to approve Ordinance 2022-80 amending Ordinance No. 2022-54 (FY 2022-2023 Annual Budget to provide funding increased expenditures in the General Fun, Water-Sewer Utility Fund, Special Revenue Fund, and the Capital Dedicated Fund. Councilmember Cotten seconded that motion, and the motion was unanimously approved. 24. Consider and act upon awarding CSP 2022-53-A to Tyler Technologies, Inc. for an Enterprise Resource Planning (ERP) System Solution for the Town of Prosper; and authorize the Interim Town Manager to execute documents for same. (LJ) Mr. Johnson introduced this item indicating it is a budgeted item and has been previously discussed by the Town Council. The Town was able to negotiate and get lower pricing and favorable terms. Staff is recommending approval. Mayor Pro-Tem Hodges made a motion to approve awarding CSP 2022-53-A to Tyler Technologies, Inc. for an Enterprise Resource Planning (ERP) System Solution for the Town of Prosper; and authorize the Interim Town Manager to execute documents for same. Deputy Mayor Pro-Tem Andres seconded that motion, and the motion was unanimously approved. 25. Consider and act upon authorizing the Interim Town Manager to execute a Professional Services Agreement (PSA) between Sciens, LLC and the Town of Prosper, Texas, related to the implementation and deployment of the Enterprise Resource Planning (ERP) System Solution. (LJ) Mr. Johnson stated this item is a sequential item to the ERP project. Sciens will provide direct consulting services to assist the Town and staff with deployment of the ERP solution. The cost for services is included in the total project cost. Staff recommends approval. Deputy Mayor Pro-Tem Andres made a motion to authorize the Interim Town Manager to execute a Professional Services Agreement (PSA) between Sciens, LLC and the Town of Prosper, Texas, related to the implementation and deployment of the Enterprise Resource Planning (ERP) System Solution. Councilmember Bartley seconded that motion, and the motion was unanimously approved. 26. Consider an act upon approval of a contract with Motorola Solutions, Inc. for an in-car and body-worn camera and evidence management platform. (LJ, DK) Mr. Johnson stated that Town received two bids in response for this item. After a review and completion of the evaluation process, staff recommends awarding the contract to Motorola Solutions, Inc. Page 12 Item 2. Page 7 of 8 Mayor Pro-Tem Hodges made a motion to approve a contract with Motorola Solutions, Inc. for an in-car and body-worn camera and evidence management platform. Councilmember Cotten seconded that motion, and the motion was unanimously approved. 27. Consider and act upon authorizing the Interim Town Manager to execute a Professional Services Agreement between and Halff Associates and the Town of Prosper, Texas, related to 3rd party landscape review services. (DB) Mr. Baker stated that to support the workloads of existing staff and to maintain current levels of Town services, staff is requesting to use a third-party landscape review services on an as-needed basis. The cost for services was included as part of the budget amendment approved by the Town Council. Deputy Mayor Pro-Tem Andres made a motion to authorize the Interim Town Manager to execute a Professional Services Agreement between and Halff Associates and the Town of Prosper, Texas, related to 3rd party landscape review services. Mayor Pro- Tem Hodges seconded that motion, and the motion was unanimously approved. Possibly direct Town staff to schedule topic(s) for discussion at a future meeti ng. Mayor Bristol requested staff to review the current RFP for trash and recycling services regarding including recycling to the school district. Councilmember Kern requested to establish liaison contacts with AT&T wireless. Councilmember Cotten requested to discuss the landscape ordinance. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters, including Town Manager search and selection process, and all matters incident and related thereto. The Town Council recessed into Executive Session at 8:11 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Regular Session at 9:23 p.m. Mayor Pro-Tem Hodges made a motion to authorize the Interim Town Manager to execute a Settlement Agreement between the Town of Prosper and Trejax, L.P. and an Acknowledgement and Disclaimer related to property that was the subject of a 2015 Right-of-Way Agreement between the Town and CADG Prosper Lakes North, LLC. Councilmember Cotten seconded that motion, and the motion was unanimously approved. Adjourn. Page 13 Item 2. Page 8 of 8 The meeting was adjourned at 9:24 p.m. These minutes approved on the 10th day of January 2023. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 14 Item 2. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Ron K. Patterson, Interim Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: Lower Pressure Plane (LPP) Pump Station and LPP Water Line Phase 2: Change Order Number 01 Town Council Meeting – January 10, 2023 ____________________________________________________________________________ Agenda Item: Consider and act upon approving Change Order Number 01 for CSP No. 2022-05-B, EDA Award No. 08-79-05522 to Archer Western Construction, related to construction services for the Lower Pressure Plane (LPP) Pump Station and LPP Water Line Phase 2 project; and authorizing the Interim Town Manager to execute Change Order Number 01 for same. Description of Agenda Item: Town Council authorized a construction contract with Archer Western Construction at the June 14, 2022, Town Council meeting in the amount of $16,278,323. The project includes the construction of a new separate dedicated pump station to serve the Lower Pressure Plane and the installation of 2,060 LF of 42-inch water line from the proposed pump station extending to the west past the proposed Brookhollow multi-family development prior to the construction of that project. The remaining approximate 8,800 LF of 42-inch water line from the proposed Brookhollow development to connect the Lower Pressure Plane (LPP) Pump Station to the existing Lower Pressure Plane Water Line Phase 1 project at the intersection of Coit Road and Richland Boulevard, is anticipated to be bid in Summer 2023. This change order revises a portion of the original water line alignment, including additional linear feet of water line bore through environmental sensitive areas as a result of final negotiations with an adjacent landowner for the granting of a zero-cost water line easement. This change order also includes a modification to the grade and depth of the proposed water line to clear utilities associated with the Brookhollow multi-family development that were a result of Town requirements addressed during the plan review process. In addition, there are change in materials included in this change order. The pipe couplings were bid as Dynamic Movement Couplings but when the Contractor went to purchase the product, the supplier had greatly increased the costs. The Contractor submitted a request to change to Dresser Couplings which were readily available and saved the Town approximately $80,000. Prosper is a place where everyone matters. ENGINEERING SERVICES Page 15 Item 3. Page 2 of 2 Budget Impact: The cost for Change Order Number 01 is $114,915.00 and reflects a 0.706% increase to the contract. The total cost for the construction of the Lower Pressure Plane (LPP) Pump Station and LPP Water Line Phase 2 project, including Change Order Number 01, is $16,393,238. The funding for this project includes $14,062,000 from the Lower Pressure Plane (LPP) Pump Station budget and $2,331,238 from the LPP Water Line Phase 2 budget of $11,784,000. The remaining budget of $9,452,762 will be used to fund the construction of the remaining approximate 8,800 LF of 42-inch water line extension, to connect the Lower Pressure Plane (LPP) Pump Station to the existing Lower Pressure Plane Water Line Phase 1 project at the intersection of Coit Road and Richland Boulevard. The funding source is Account No. 760-6610-10-00- 1501WA Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard change order document as to form and legality. Attachments: 1. Change Order Number 01 2. Alignment Changes Location Map Town Staff Recommendation: Town staff recommends that the Town Council approve Change Order Number 01 for CSP No. 2022-05-B, EDA Award No. 08-79-05522 to Archer Western Construction, related to construction services for the Lower Pressure Plane (LPP) Pump Station and LPP Water Line Phase 2 project; and authorizing the Interim Town Manager to execute Change Order Number 01 for same. Proposed Motion: I move to approve Change Order Number 01 for CSP No. 2022-05-B, EDA Award No. 08-79- 05522 to Archer Western Construction, related to construction services for the Lower Pressure Plane (LPP) Pump Station and LPP Water Line Phase 2 project; and authorizing the Interim Town Manager to execute Change Order Number 01 for same. Page 16 Item 3. Page 1 of 1 Change Order No. 01 Grant No.:08-79-05522 Project Name:Lower Pressure Plane Pump Station and Water Line_Phase 2 Prj. No.:1501-WA Contractor:Archer Western Construction Bid No.:2022-05-B Contract Start:8/1/2022 PO No.:22298 Description of Change: This change order addresses discharge pipeline alignment adjustments due to coordination with adjacent developers, additional tunnelling and casing pipe along with a credit for open cut installation, changes to grade depth and pipe geometry resulting from adjacent development changes, and a material change to the couplings due to significant price increase in the bid item. Mod/ New Item No.Description Unit Quantity Unit Cost Cost ChangePrevChgNew Mod 2.8 Item B-08 / 60-in Steel Casing - Other than Open Cut LF 75 66 141 $2,820.00 $186,120.00 Mod 3.1 Item C-01 / Option 1 Bar Wrapped Concrete Cylinder Pipe LF 2,060 -11 2,049 $394.00 -$4,334.00 New C1.1 Additional Miter Fitting, Bonding, and Insurance_Less reduced Labor and Equipment Costs for revised work efforts LS 0 1 1 $5,309.00 $5,309.00 New C1.2 Additional depth and revised pipe miters LS 0 1 1 $9,243.00 $9,243.00 Mod 1.4 Lower Pressure Plane Pump Station Building and Substructure (Subtract Dynamic Movement Couplings) LS 1 -0.0228 1 $7,894,900.00 -$180,000.00 New C1.3 Install Dresser Couplings LS 0 1 1 $98,577.00 $98,577.00 Cost Adjustment this Change:$114,915.00 Time Adjustment this Change:0 The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change, whether said costs are known, unknown, foreseen or unforeseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change. Original Contract Amount:$16,278,323.00 Issued by Previous Change Orders:$0.00 TOWN OF PROSPER Current Change Order:$114,915.00 Revised Contract Amount:$16,393,238.00 By Signature Date Cal. Days Original Contract Time:610 Accepted by Previous Change Orders:0 Archer Western Construction Current Change Order:0 Rev. Subst. Compl. Date:4/2/2024 610 By Signature Date Final Completion Date:5/2/2024 Page 17 Item 3. Original Bores Qty. 2 75-LF, 75-LF = 150-LF Change Order #1 - Prop. Bores Qty. 3 64-LF, 92-LF, 60-LF = 216-LF LEGEND Original Permanent Easement Change Order #1 - Prop. Permanent Easement By Others - Permanent Easement Original LPP 42" Pipeline Alignment Revised Change Order #1 - LPP 42" Pipeline Alignment Original. LPP 42" Pipeline Bores Revised Change Order #1 - LPP 42" Pipeline Prop. Bores Page 18 Item 3. Page 1 of 2 To: Mayor and Town Council From: Robert Scott, Executive Director of Administrative Services Through: Ronald K. Patterson, Interim Town Manager Re: MuniServices Agreements Tow n Council Meeting – January 10, 2023 Agenda Item: Consider and act upon authorizing the Interim Town Manager to execute a one-year renewal of two Consultant Services Agreements between Avenu Analytics/MuniServices, LLC, and the Town of Prosper, Texas, related to sales tax consulting for the Town’s two Special Purpose Districts Investment Advisory services. Description of Agenda Item: Sales tax levies in Texas are a maximum of 81/4 cents consisting of 6 ¼ cent for the state and 2 cents for the local government. All sales tax is collected by the Texas Comptroller of Public Accounts with the local portion remitted to the appropriate local government less a 2% service charge. With the myriad of sales tax jurisdictions within the state, post offices serving more than one town and sales taxpayers determining where the taxes are owed, it is not unusual for the local portion to be allocated to the wrong jurisdiction. As a result, most municipalities employ one of several sales tax consultants to audit their payments received for completeness paying a contingency fee for identifying any additional sales tax revenue that the comptroller subsequently reallocates to the jurisdiction. The Town initially contracted with MuniServices, LLC for these services in 2014. This contract has been renewed multiple times and now expires January 13, 2024. Following the successful passage of the Crime and Fire Control and Prevention Districts, the Town entered additional contracts for each district for a term of four years. These two contracts are now up for renewal. All three contracts were executed via “Manager Memo” as they did not at the time reach the threshold for council approval. With the growth of both the Town and its sales tax base it is now quite likely that the 30% contingent fee may generate a payment in excess of the $25,000 threshold for council approval and this did in fact occur in September of 2022.The Town also wants to consolidate its three contracts into a single consulting contract. Therefore, staff is requesting renewal of the two special purpose contracts through January 13, 2024 the same as the other contract for the Town and Economic Development Corporation. Prior to expiration of all three contracts, the Town will seek requests for proposal for a single contract all taxing jurisdictions. Prosper is a place where everyone matters. Administrative Services Page 19 Item 4. Page 2 of 2 Budget Impact: The contingent fee is 30% of any additional sales tax paid to the Town’s Special Purpose Districts as a result of the Consultant’s findings. Any payment to the consultant is made only after the Comptroller remits the additional taxes to the Town. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the Professional Services Agreement as to form and legality. Attached Documents: 1. Proposed Consultant Services Agreements Town Staff Recommendation: Town staff recommends that the Town Council authorize the Interim Town Manager to execute a Consultant Services Agreement(s) between Avenu Analytics/MuniServices LLC, and the Town of Prosper, Texas, related to Sales Tax Consulting Services for a period of approximately one year expiring January 13, 2024. Proposed Motion: I move to authorize the Interim Town Manager to execute a Consultant Services Agreement(s) between Avenu Analytics/MuniServices LLC, and the Town of Prosper, Texas, related to Sales Tax Consulting Services for a period of approximately one year expiring January 13, 2024. Page 20 Item 4. 1 Consultant Services Agreement This Consultant Services Agreement (the “Agreement”) is made as of January 14, 2023 (“Effective Date”) by and between the Prosper Fire Control, Prevention, and Emergency Medical Services District, a special purpose district of the Town of Prosper and the State of Texas ("CLIENT") and MuniServices, LLC, a Delaware limited liability company, (“CONSULTANT”), collectively the Parties. In consideration of the mutual promises herein contained and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows: A. Services 1. CONSULTANT will provide CLIENT with the Services described in EXHIBIT A, Statement of Work which is attached hereto and incorporated by reference. CONSULTANT shall provide said services at the time, place, and in the manner specified in EXHIBIT A. 2. CONSULTANT shall furnish at its own expense all labor, materials, equipment and other items necessary to carry out the terms of this Agreement. B. Compensation 1. Upon execution of this Agreement, CLIENT will pay CONSULTANT as outlined in EXHIBIT B, Compensation Schedule incorporated and included herein. C. General Provisions 1. Term of the Agreement: The term of this Agreement shall be for a period of one (1) year ending January 13, 2024. Either party shall have the right to terminate this Agreement in the event of a material breach by the other party. Any such termination may be made only by providing sixty (60) days prior written notice to the other party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches. In the event that such cure is not made, this Agreement shall terminate in accordance with the initial sixty (60) days’ notice. Provided, however, this Agreement is subject to termination upon not less than thirty (30) days written notice to CONSULTANT if CLIENT has failed to receive funds for the continued procurement of the Products or Services after every reasonable effort has been made by CLIENT to secure the necessary funding and if no substitute arrangement is made by CLIENT to obtain the same or similar System or Services from another source. CLIENT agrees to discontinue use of all hardware, software, and other CONSULTANT-owned materials no later than the effective date of termination and return the hardware, software, and other CONSULTANT-owned materials to CONSULTANT within thirty (30) calendar days after termination. 2. Effect of Termination: Notwithstanding non-renewal or termination of this Agreement, CLIENT shall be obligated to pay CONSULTANT for services performed through the effective date of termination for which CONSULTANT has not been previously paid. In addition, because the services performed by CONSULTANT prior to termination or non -renewal of this Agreement may result in the CLIENT’s receipt of revenue after termination which are subject to CONSULTANT’s fee, the CLIENT shall remain obligated after termination or non-renewal to provide to CONSULTANT such information as is necessary for CONSULTANT to calculate compensation due as a result of the receipt of revenue by the CLIENT. Termination of this Agreement for any reason will not affect any liabilities or obligations of either party Page 21 Item 4. 2 arising before termination or out of events causing termination and will not affect any damages or other remedies to which a party may be entitled under this Agreement, at law, or in equity, arising from any breach or default. 3. Independent Contractor: It is understood that CONSULTANT and its subcontractors, if any, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the CLIENT. CLIENT understands that CONSULTANT may perform similar services for others during the term of this Agreement and agrees that CONSULTANT representation of other government sector clients is not a conflict of interest. CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CLIENT's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights. 4. Subcontractors: CONSULTANT shall have the right to hire subcontractors to provide the services described herein. CONSULTANT, in rendering performance under this Agreement shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. CONSULTANT shall be solely responsible for and shall hold CLIENT harmless from any and all claims for any employee related fees and costs including without limitation employee insurance, employment taxes, workman’s compensation, withholding taxes or income taxes. 5. Notice: Any notice required to be given under this Agreement shall be in writing and either served personally, sent prepaid first-class mail, or by express mail courier (i.e. FedEx, UPS, etc.). Any such notice shall be addressed to the other party at the address set forth below. All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or the next day if sent overnight delivery. If to CLIENT: Prosper Fire Control, Prevention, and Emergency Medical Services District Attn: Bob Scott PO Box 307 Prosper, TX 75078-0307 Phone: (972) 569-1009 Email: bscott@prospertx.gov If to CONSULTANT: MuniServices, LLC Attn: Contracts Department 5860 Trinity Parkway Suite 120 Centreville, VA 20120 Email: contracts@avenuinsights.com 6. Representative or designees: CONSULTANT Primary Representative/Project Manager shall be: Brenda Anderson, Client Services Manager 12600 N. Featherwood Dr., Ste. 240, Houston, TX 77034 Phone: (817) 771- 4066 / Email: Brenda.Anderson@avenuinsights.com 7. Indemnity: CONSULTANT shall indemnify, defend, and hold harmless the CLIENT, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable at torneys’ fees) to extent occurring or resulting from CONSULTANT’s negligent or unlawful performance of its obligations under or breach of the terms of this Agreement, unless such claims, liabilities, or losses arise out of, or are caused at least in part by the sole negligence or willful misconduct of the CLIENT. “CONSULTANT’s Page 22 Item 4. 3 performance” includes CONSULTANT’s action or inaction and the action or inaction of CONSULTANT’s officers, employees, agents and subcontractors. 8. Limitation of Liability: IN NO EVENT SHALL CONSULTANT, ITS EMPLOYEES, CONTRACTORS, DIRECTORS, AFFILIATES AND/OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DELAY, LOST DATA, DISRUPTION, AND LOSS OF ANTICIPATED PROFITS OR REVENUE ARISING FROM OR RELATED TO THE SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT, AND WHETHER OR NOT CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN ADDITION, CONSULTANT’S TOTAL LIABILITY HEREUNDER, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEES DESCRIBED IN EXHIBIT B. THE FOREGOING SETS FORTH THE CLIENT’S EXCLUSIVE REMEDY FOR CLAIMS ARISING FROM OR OUT OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS BETWEEN CONSULTANT AND THE CLIENT AND CONSULTANT’S PRICING REFLECTS THE ALLOCATION OF RISK AND LIMITATION OF LIABILITY SPECIFIED HEREIN. 9. Insurance: CONSULTANT shall keep in full force and effect insurance coverage during the term of this Agreement, including without limitation statutory workers’ compensation insurance; employer’s liability and commercial general liability insurance; comprehensive automobile liability insurance; professional liability and fidelity insurance. The insurance certificate shall name the CLIENT, its agents, officers, servants and employees as additional insureds under the CGL and Automobile policies with respect to the operations and work performed by the named insured as required by written contract. The General Liability policy is Primary & Non-Contributory. Waiver of Subrogation applies under the General Liability and Workers’ Compensation policies. The CGL insurance minimum coverage shall be at least $1,000,000 per incident, claim or occurrence and $2,000,000 aggregate. The Cybersecurity insurance minimum coverage shall be at least $2,500,000 per incident, claim or occurrence. The Automobile Liability insurance minimum coverage shall be at least $1,000,000 covering all owned, non-owned, and hired vehicles. The certificate shall provide that there will be no cancellation, termination, or non-renewal of the insurance coverage without a minimum 30-day written notice to the CLIENT, except in the case of cancellation for non-payment of premium which shall be at least 10-days written notice. 10. Equal Opportunity to Draft: The parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed a gainst any party upon a claim that that party drafted the ambiguous language. 11. Assignment: This Agreement shall be binding upon and inure to the benefit of the parties, their successors, representatives and assigns. CONSULTANT shall not assign this Agreement, or delegate its duties or obligations under this Agreement, without the prior written consent of CLIENT, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, CONSULTANT may assign this Agreement, in whole or in part, without the consent of CLIENT to any corporation or entity into which or with which CONSULTANT has merged or consolidated; any parent, subsidiary, successor or affiliated corporation of CONSULTANT; or any corporation or entity which acquires all or substantially all of the assets of CONSULTANT. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns. Page 23 Item 4. 4 12. Ownership of Documents: Except for CONSULTANT’s preexisting proprietary information and processes, any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by CONSULTANT pursuant to this agreement shall be the property of the CLIENT at the moment of their completed preparation. 13. Intellectual Property Rights: The entire right, title and interest in and to CONSULTANT’s database and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created in the course of this Agreement (collectively, the "Work Product") shall vest exclusively in CONSULTANT or its subcontractors. The foregoing notwithstanding, in no event shall any CLIENT-owned data provided to CONSULTANT be deemed included within the Work Product. 14. Public Release and Statements: Neither party or its representatives or agents shall disseminate any oral or written advertisement, endorsement or other marketing material relating to each other’s a ctivities under this Agreement without the prior written approval of the other party. Neither party shall make any public release or statement concerning the subject matter of this Agreement without the express written consent and approval of the other party. No party or its agent will use the name, mark or logo of the other party in any advertisement or printed solicitation without first having prior written approval of the other party. The parties shall take reasonable efforts to ensure that its subcontractors shall not disseminate any oral or written advertisement, endorsement or other marketing materials referencing or relating to the other party without that party’s prior written approval. In addition, the parties agree that their contracts wit h all subcontractors will include appropriate provisions to ensure compliance with the restrictions of this Section. 15. Force Majeure: CONSULTANT shall not be in default of its obligations hereunder to the extent that its performance is delayed or prevented by causes beyond its control, including but not limited to acts of God, government, quarantines, pandemics, endemics, weather, fire, flood, earthquake, weather, climate change, elements of nature, war, terrorism, civil disturbance, labor disruptions, strikes, embargoes, power or telecommunications failures, inability to obtain supplies, breakdown of equipment or interruption in vendor services or communications, or cause beyond the reasonable control of CONSULTANT (“Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party that has experienced a delay or failure of performance caused by the Force Majeure Event will be excused from further performance or observance of the affected obligation(s) for as long as the extenuating circumstances prevail and that party continues to attempt to recommence performance or observance whenever and to whatever extent possible without delay. The party that experienced a delay or failure of performance caused by the Force Majeure Event will immediately notify the other party and describe in reasonable detail the circumstances causing the delay or failure of performance. The provisions of this Section shall survive termination of this Agreement. 16. Relationship of the Parties This Agreement shall not constitute, create, give effect to, or otherwise imply a joint venture, partnership, or business organization of any kind. CONSULTANT and CLIENT are independent parties, and neither party shall act as an agent for or partner of the other for any purpose. Nothing in this Agreement shall grant to either party any right to make any commitments of any kind for or on behalf of the other party without the prior written consent of the other party. CONSULTANT shall not be restricted from providing products or performing services for others and shall not be bound to CLIENT except as provided under this Agreement. Page 24 Item 4. 5 17. Severability If all or part of any term or condition of this Agreement, or the application of any term or condition of this Agreement, is determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of the terms and conditions of this Agreement (other than those portions determined to be invalid or unenforceable) shall not be affected, and the remaining terms and conditions (or portions of terms or conditions) shall be valid and enforceable to the fullest extent permitted by law. If a judicial determination prevents the accomplishment of the purpose of this Agreement, the invalid term or condition (or portions of terms or conditions) shall be restated to conform to applicable law and to reflect as nearly as possible the original intent of the parties. 18. Waiver Or Forbearance Any delay or failure of either party to insist upon strict performance of any obligation under this Agreement or to exercise any right or remedy provided under this Agreement shall not be a waiver of that party’s right to demand strict compliance, irrespective of the number or duration of any delay(s) or failure(s). No term or condition imposed on either party under this Agreement shall be waived and no breach by either party shall be excused unless that waiver or excuse of a breach has been put in writing and signed by both parties. Waiver in any instance of any right or remedy shall not constitute waiver of any other right or remedy under this Agreement. Consent to or forbearance of any breach or substandard performance of any obligation under this Agreement shall not constitute consent to modification or reduction of the other obligations or forbearance of any other breach. 19. Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter contained herein. Said Agreement shall not be amended, altered, or changed, except by a written amendment signed by both parties. 20. Headings The section headings used in this Agreement are merely for reference and have no independent legal meaning and impose no obligations or conditions on the parties. 21. Governing Law This Agreement shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of Virginia, without reference to the principles of conflict of laws. 22. Counterparts: This Agreement may be signed in separate counterparts including facsimile copies. Each counterpart (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties. 23. Invalidity: If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 24. Implementation: Implementation should begin as soon as possible from the signing of this Agreement (the “Implementation Date”) for the performance of services under the terms of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 25 Item 4. IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above. “CLIENT” Prosper Fire Control, Prevention, and Emergency Medical Services District a Special Purpose District By: Name: Title: Date: “CONSULTANT” MuniServices, LLC a Delaware limited liability company Carl Kumpf By: Carl Kumpf (Jan 3, 2023 17:28 EST) Name: Carl Kumpf Title: CFO Date: Jan 3, 2023 6 Page 26 Item 4. EXHIBIT A - STATEMENT OF WORK SALES TAX COMPLIANCE REVIEW Objectives and Methods CONSULTANT's Sales Tax Compliance Review is designed to assist CLIENT with economic forecasting and in preserving and enhancing its sales and use tax revenues by detecting, documenting, and correcting sales tax misallocations thereby producing previously unrealized revenue for CLIENT while giving the CLIENT a more accurate sales tax base upon which to forecast its revenue. Statement of Work In providing the Sales Tax Compliance Review, CONSULTANT shall: • Meet with CLIENT's designated staff to review service objectives, scope, procedures, coordination of effort, work plan schedule, public relations, and logistical matters. • Establish an appropriate liaison with the CLIENT's coordinator and define logical checkpoints for reviewing progress. • Perform a review of the CLIENT's businesses' sales/use tax remittances in an effort to ensure proper application of local sales/use tax law and achieve past and/or prospective compliance, as applicable. • On behalf of the CLIENT, CONSULTANT will assist the businesses, as necessary, in the preparation and filing of amended returns and/or reallocation requests with the Comptroller's office in order to gain compliance. CONSULTANT and/or the CLIENT may also provide additional documentation to the Comptroller's office to request its assistance in gaining compliance from taxpayers as needed. Deliverables Progress Reports CONSULTANT will provide periodic progress reports to CLIENT in the form of status updates. These progress reports will also indicate areas in which CLIENT staff may further assist and improve the sales tax compliance review activities provided hereunder. CONSULTANT's progress reports will identify errors/omissions detected, documented and corrected and report on other services of benefit to CLIENT for the time period covered. CLIENT Assistance CLIENT shall assist CONSULTANT by providing necessary information and assistance to include, without limitation, the following: • Providing CONSULTANT, on a timely basis, information necessary to conduct its compliance review activities including but not limited to monthly tax payment histories. 7 Page 27 Item 4. • Providing two letters of authorization identifying CONSULTANT to local businesses and to the Texas Comptroller of Public Accounts and/or other state agencies as an authorized agent of CLIENT to perform sales and use tax reviews and to receive and examine taxpayer records (hard copy and electronic) necessary to assure sales and use tax compliance and revenue forecasts. • Pursuing in good faith corrective action on errors and omissions detected by CONSULTANT. • Issuing necessary documentation to the state to correct errors validated by CONSULTANT. The parties agree that the CLIENT and/or the State Comptroller retain exclusive authority and responsibility to administer, interpret and enforce the CLIENT's sales and use tax, recognizing that CONSULTANT's role is limited to employing its unique expertise and proprietary tools for: i) detecting and documenting errors/omissions by taxpayers in the application, calculation, collection, and/or remittance of sales and use taxes and, ii) providing CLIENT with technical assistance, without assuming or being delegated the authority or responsibility of CLIENT to administer, interpret, and enforce its sales and use taxes. Page 28 Item 4. EXHIBIT B – COMPENSATION SCHEDULE SALES TAX COMPLIANCE REVIEW The CLIENT shall pay CONSULTANT a 30% contingency fee. The fee applies to the sales and use tax revenue received by the CLIENT from correction of taxpayer reporting errors detected and documented by the Sales Tax Compliance Review for submissions to the Comptroller on/after contract date. The Contingency Fee applies to both: (a) past compliance (as applicable) -- sales and use tax revenues received by the CLIENT from prior periods; and (b) prospective compliance (as applicable) -- incremental increase in sales and use tax revenues received for the first eight consecutive reporting quarters (24 months) following correction of the errors and confirmation of receipt of revenue by the CLIENT. An incremental increase is calculated as the current month's correct tax remittance less the monthly average of the prior twelve (12) months immediately prior to the first month of correct tax remittance. CONSULTANT will invoice CLIENT quarterly based on past and/or prospective compliance secured on behalf of CLIENT. Invoices are due and payable upon receipt. All expenses incurred by CONSULTANT in providing the Sales Tax Compliance Review are the sole and exclusive responsibility of CONSULTANT, except those expenses that receive prior written approval by CLIENT. Completion of Services Notwithstanding anything else in this Agreement to the contrary, the CLIENT will pay CONSULTANT per the terms of this Agreement for services begun before termination or expiration of the Agreement even if the monies are received after termination or expiration. CONSULTANT will provide CLIENT with a list of accounts submitted but not yet corrected as of the expiration or termination within a reasonable time after the expiration or termination ("completion list"). CONSULTANT is allowed to continue working those accounts on the completion list for a reasonable time to obtain a correction. Additional Consulting CLIENT may request that CONSULTANT provide additional consulting services at any time during the term of this Agreement. If CONSULTANT and CLIENT agree on the scope of the additional consulting services requested, then CONSULTANT shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, standard hourly rates range from $75 per hour to $200 per hour. These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred. Page 29 Item 4. Created: By: Status: Transaction ID: 2023-01-03 Karen Miller-Kuwana (karen.miller-kuwana@avenuinsights.com) Signed CBJCHBCAABAA6jUoa7BTN3kuRBBTuuCqCUm_U9r3arRc TX - Town of Prosper Fire Control District - Sales Tax Compliance Agreement - 12.31.22 Final Final Audit Report 2023-01-03 "TX - Town of Prosper Fire Control District - Sales Tax Complian ce Agreement - 12.31.22 Final" History Document created by Karen Miller-Kuwana (karen.miller-kuwana@avenuinsights.com) 2023-01-03 - 9:13:14 PM GMT Document emailed to carl.kumpf@avenuinsights.com for signature 2023-01-03 - 9:14:24 PM GMT Email viewed by carl.kumpf@avenuinsights.com 2023-01-03 - 10:27:46 PM GMT Signer carl.kumpf@avenuinsights.com entered name at signing as Carl Kumpf 2023-01-03 - 10:28:32 PM GMT Document e-signed by Carl Kumpf (carl.kumpf@avenuinsights.com) Signature Date: 2023-01-03 - 10:28:34 PM GMT - Time Source: server Agreement completed. 2023-01-03 - 10:28:34 PM GMT Page 30 Item 4. 1 Consultant Services Agreement This Consultant Services Agreement (the “Agreement”) is made as of January 14, 2023 (“Effective Date”) by and between the Prosper Crime Control and Prevention District, a special purpose district of the Town of Prosper and the State of Texas ("CLIENT") and MuniServices, LLC, a Delaware limited liability company, (“CONSULTANT”), collectively the Parties. In consideration of the mutual promises herein contained and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows: A. Services 1. CONSULTANT will provide CLIENT with the Services described in EXHIBIT A, Statement of Work which is attached hereto and incorporated by reference. CONSULTANT shall provide said services at the time, place, and in the manner specified in EXHIBIT A. 2. CONSULTANT shall furnish at its own expense all labor, materials, equipment and other items necessary to carry out the terms of this Agreement. B. Compensation 1. Upon execution of this Agreement, CLIENT will pay CONSULTANT as outlined in EXHIBIT B, Compensation Schedule incorporated and included herein. C. General Provisions 1. Term of the Agreement: The term of this Agreement shall be for a period of one (1) year ending on January 13, 2024. Either party shall have the right to terminate this Agreement in the event of a material breach by the other party. Any such termination may be made only by providing sixty (60) days prior written notice to the other party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches. In the event that such cure is not made, this Agreement shall terminate in accordance with the initial sixty (60) days’ notice. Provided, however, this Agreement is subject to termination upon not less than thirty (30) days written notice to CONSULTANT if CLIENT has failed to receive funds for the continued procurement of the Products or Services after every reasonable effort has been made by CLIENT to secure the necessary funding and if no substitute arrangement is made by CLIENT to obtain the same or similar System or Services from another source. CLIENT agrees to discontinue use of all hardware, software, and other CONSULTANT-owned materials no later than the effective date of termination and return the hardware, software, and other CONSULTANT-owned materials to CONSULTANT within thirty (30) calendar days after termination. 2. Effect of Termination: Notwithstanding non-renewal or termination of this Agreement, CLIENT shall be obligated to pay CONSULTANT for services performed through the effective date of termination for which CONSULTANT has not been previously paid. In addition, because the services performed by CONSULTANT prior to termination or non-renewal of this Agreement may result in the CLIENT’s receipt of revenue after termination which are subject to CONSULTANT’s fee, the CLIENT shall remain obligated after termination or non-renewal to provide to CONSULTANT such information as is necessary for CONSULTANT to calculate compensation due as a result of the receipt of revenue by the CLIENT. Termination of this Agreement for any reason will not affect any liabilities or obligations of either party Page 31 Item 4. 2 arising before termination or out of events causing termination and will not affect any damages or other remedies to which a party may be entitled under this Agreement, at law, or in equit y, arising from any breach or default. 3. Independent Contractor: It is understood that CONSULTANT and its subcontractors, if any, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the CLIENT. CLIENT understands that CONSULTANT may perform similar services for others during the term of this Agreement and agrees that CONSULTANT representation of other government sector clients is not a conflict of interest. CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CLIENT's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights. 4. Subcontractors: CONSULTANT shall have the right to hire subcontractors to provide the services described herein. CONSULTANT, in rendering performance under this Agreement shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. CONSULTANT shall be solely responsible for and shall hold CLIENT harmless from any and all claims for any employee related fees and costs including without limitation employee insurance, employment taxes, workman’s compensation, withholding taxes or income taxes. 5. Notice: Any notice required to be given under this Agreement shall be in writing and either served personally, sent prepaid first-class mail, or by express mail courier (i.e. FedEx, UPS, etc.). Any such notice shall be addressed to the other party at the address set forth below. All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or the next day if sent overnight delivery. If to CLIENT: Prosper Crime Control and Prevention District Attn: Bob Scott PO Box 307 Prosper, TX 75078-0307 Phone: (972) 569-1009 Email: bscott@prospertx.gov If to CONSULTANT: MuniServices, LLC Attn: Contracts Department 5860 Trinity Parkway Suite 120 Centreville, VA 20120 Email: contracts@avenuinsights.com 6. Representative or designees: CONSULTANT Primary Representative/Project Manager shall be: Brenda Anderson, Client Services Manager 12600 N. Featherwood Dr., Ste. 240, Houston, TX 77034 Phone: (817) 771- 4066 / Email: Brenda.Anderson@avenuinsights.com 7. Indemnity: CONSULTANT shall indemnify, defend, and hold harmless the CLIENT, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys’ fees) to extent occurring or resulting from CONSULTANT’s negligent or unlawful performance of its obligations under or breach of the terms of this Agreement, unless such claims, liabilities, or losses arise out of, or are caused at least in part by the sole negligence or willful misconduct of the CLIENT. “CONSULTANT’s Page 32 Item 4. 3 performance” includes CONSULTANT’s action or inaction and the action or inaction of CONSULTANT’s officers, employees, agents and subcontractors. 8. Limitation of Liability: IN NO EVENT SHALL CONSULTANT, ITS EMPLOYEES, CONTRACTORS, DIRECTORS, AFFILIATES AND/OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DELAY, LOST DATA, DISRUPTION, AND LOSS OF ANTICIPATED PROFITS OR REVENUE ARISING FROM OR RELATED TO THE SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT, AND WHETHER OR NOT CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN ADDITION, CONSULTANT’S TOTAL LIABILITY HEREUNDER, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEES DESCRIBED IN EXHIBIT B. THE FOREGOING SETS FORTH THE CLIENT’S EXCLUSIVE REMEDY FOR CLAIMS ARISING FROM OR OUT OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS BETWEEN CONSULTANT AND THE CLIENT AND CONSULTANT’S PRICING REFLECTS THE ALLOCATION OF RISK AND LIMITATION OF LIABILITY SPECIFIED HEREIN. 9. Insurance: CONSULTANT shall keep in full force and effect insurance coverage during the term of this Agreement, including without limitation statutory workers’ compensation insurance; employer’s liability and commercial general liability insurance; comprehensive automobile liability insurance; professional liability and fidelity insurance. The insurance certificate shall name the CLIENT, its agents, officers, servants and employees as additional insureds under the CGL and Automobile policies with respect to the operations and work performed by the named insured as required by written contract. The General Liability policy is Primary & Non-Contributory. Waiver of Subrogation applies under the General Liability and Workers’ Compensation policies. The CGL insurance minimum coverage shall be at least $1,000,000 per incident, claim or occurrence and $2,000,000 aggregate. The Cybersecurity insurance minimum coverage shall be at least $2,500,000 per incident, claim or occurrence. The Automobile Liability insurance minimum coverage shall be at least $1,000,000 covering all owned, non-owned, and hired vehicles. The certificate shall provide that there will be no cancellation, termination, or non-renewal of the insurance coverage without a minimum 30-day written notice to the CLIENT, except in the case of cancellation for non-payment of premium which shall be at least 10-days written notice. 10. Equal Opportunity to Draft: The parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. 11. Assignment: This Agreement shall be binding upon and inure to the benefit of the parties, their successors, representatives and assigns. CONSULTANT shall not assign this Agreement, or delegate its duties or obligations under this Agreement, without the prior written consent of CLIENT, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, CONSULTANT may assign this Agreement, in whole or in part, without the consent of CLIENT to any corporation or entity into which or with which CONSULTANT has merged or consolidated; any parent, subsidiary, successor or affiliated corporation of CONSULTANT; or any corporation or entity which acquires all or substantially all of the assets of CONSULTANT. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns. Page 33 Item 4. 4 12. Ownership of Documents: Except for CONSULTANT’s preexisting proprietary information and processes, any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by CONSULTANT pursuant to this agreement shall be the property of the CLIENT at the moment of their completed preparation. 13. Intellectual Property Rights: The entire right, title and interest in and to CONSULTANT’s database and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created in the course of this Agreement (collectively, the "Work Product") shall vest exclusively in CONSULTANT or its subcontractors. The foregoing notwithstanding, in no event shall any CLIENT-owned data provided to CONSULTANT be deemed included within the Work Product. 14. Public Release and Statements: Neither party or its representatives or agents shall disseminate any oral or written advertisement, endorsement or other marketing material relating to each other’s activities under this Agreement without the prior written approval of the other party. Neither party shall make any public release or statement concerning the subject matter of this Agreement without the express written consent and approval of the other party. No party or its agent will use the name, mark or logo of the other party in any advertisement or printed solicitation without first having prior written approval of the other party. The parties shall take reasonable efforts to ensure that its subcontractors shall not disseminate any oral or written advertisement, endorsement or other marketing materials referencing or relating to the other party without that party’s prior written approval. In addition, the parties agree that their contracts with all subcontractors will include appropriate provisions to ensure compliance with the restrictions of this Section. 15. Force Majeure: CONSULTANT shall not be in default of its obligations hereunder to the extent that its performance is delayed or prevented by causes beyond its control, including but not limited to acts of God, government, quarantines, pandemics, endemics, weather, fire, flood, earthquake, weather, climate change, elements of nature, war, terrorism, civil disturbance, labor disruptions, strikes, embargoes, power or telecommunications failures, inability to obtain supplies, breakdown of equipment or interruption in vendor services or communications, or cause beyond the reasonable control of CONSULTANT (“Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party that has experienced a delay or failure of performance caused by the Force Majeure Event will be excused from fu rther performance or observance of the affected obligation(s) for as long as the extenuating circumstances prevail and that party continues to attempt to recommence performance or observance whenever and to whatever extent possible without delay. The party that experienced a delay or failure of performance caused by the Force Majeure Event will immediately notify the other party and describe in reasonable detail the circumstances causing the delay or failure of performance. The provisions of this Section shall survive termination of this Agreement. 16. Relationship of the Parties This Agreement shall not constitute, create, give effect to, or otherwise imply a joint venture, partnership, or business organization of any kind. CONSULTANT and CLIENT are independent parties, and neither party shall act as an agent for or partner of the other for any purpose. Nothing in this Agreement shall grant to either party any right to make any commitments of any kind for or on behalf of the other party without the prior written consent of the other party. CONSULTANT shall not be restricted from providing products or performing services for others and shall not be bound to CLIENT except as provided under this Agreement. Page 34 Item 4. 5 17. Severability If all or part of any term or condition of this Agreement, or the application of any term or condition of this Agreement, is determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of the terms and conditions of this Agreement (other than those portions determined to be invalid or unenforceable) shall not be affected, and the remaining terms and conditions (or portions of terms or conditions) shall be valid and enforceable to the fullest extent permitted by law. If a judicial determination prevents the accomplishment of the purpose of this Agreement, the invalid term or condition (or portions of terms or conditions) shall be restated to conform to applicable law and to reflect as nearly as possible the original intent of the parties. 18. Waiver Or Forbearance Any delay or failure of either party to insist upon strict performance of any obligation under this Agreement or to exercise any right or remedy provided under this Agreement shall not be a waiver of that party’s right to demand strict compliance, irrespective of the number or duration of any delay(s) or failure(s). No term or condition imposed on either party under this Agreement shall be waived and no breach by either party shall be excused unless that waiver or excuse of a breach has been put in writing and signed by both parties. Waiver in any instance of any right or remedy shall not constitute waiver of any other right or remedy under this Agreement. Consent to or forbearance of any breach or substandard performance of any obligation under this Agreement shall not constitute consent to modification or reduction of the other obligations or forbearance of any other breach. 19. Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter contained herein. Said Agreement shall not be amended, altered, or changed, except by a written amendment signed by both parties. 20. Headings The section headings used in this Agreement are merely for reference and have no independent legal meaning and impose no obligations or conditions on the parties. 21. Governing Law This Agreement shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of Virginia, without reference to the principles of conflict of laws. 22. Counterparts: This Agreement may be signed in separate counterparts including facsimile copies. Each counterpart (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties. 23. Invalidity: If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 24. Implementation: Implementation should begin as soon as possible from the signing of this Agreement (the “Implementation Date”) for the performance of services under the terms of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 35 Item 4. IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above. “CLIENT” Prosper Crime Control and Prevention District a Special Purpose District By: Name: Title: Date: “CONSULTANT” MuniServices, LLC a Delaware limited liability company Carl Kumpf By: Carl Kumpf (Jan 3, 2023 17:29 EST) Name: Carl Kumpf Title: CFO Date: Jan 3, 2023 6 Page 36 Item 4. EXHIBIT A - STATEMENT OF WORK SALES TAX COMPLIANCE REVIEW Objectives and Methods CONSULTANT's Sales Tax Compliance Review is designed to assist CLIENT with economic forecasting and in preserving and enhancing its sales and use tax revenues by detecting, documenting, and correcting sales tax misallocations thereby producing previously unrealized revenue for CLIENT while giving the CLIENT a more accurate sales tax base upon which to forecast its revenue. Statement of Work In providing the Sales Tax Compliance Review, CONSULTANT shall:  Meet with CLIENT's designated staff to review service objectives, scope, procedures, coordination of effort, work plan schedule, public relations, and logistical matters.  Establish an appropriate liaison with the CLIENT's coordinator and define logical checkpoints for reviewing progress.  Perform a review of the CLIENT's businesses' sales/use tax remittances in an effort to ensure proper application of local sales/use tax law and achieve past and/or prospective compliance, as applicable.  On behalf of the CLIENT, CONSULTANT will assist the businesses, as necessary, in the preparation and filing of amended returns and/or reallocation requests with the Comptroller's office in order to gain compliance.  CONSULTANT and/or the CLIENT may also provide additional documentation to the Comptroller's office to request its assistance in gaining compliance from taxpayers as needed. Deliverables Progress Reports CONSULTANT will provide periodic progress reports to CLIENT in the form of status updates. These progress reports will also indicate areas in which CLIENT staff may further assist and improve the sales tax compliance review activities provided hereunder. CONSULTANT's progress reports will identify errors/omissions detected, documented and corrected and report on other services of benefit to CLIENT for the time period covered. CLIENT Assistance CLIENT shall assist CONSULTANT by providing necessary information and assistance to include, without limitation, the following: • Providing CONSULTANT, on a timely basis, information necessary to conduct its compliance review activities including but not limited to monthly tax payment histories. 7 Page 37 Item 4. • Providing two letters of authorization identifying CONSULTANT to local businesses and to the Texas Comptroller of Public Accounts and/or other state agencies as an authorized agent of CLIENT to perform sales and use tax reviews and to receive and examine taxpayer records (hard copy and electronic) necessary to assure sales and use tax compliance and revenue forecasts. • Pursuing in good faith corrective action on errors and omissions detected by CONSULTANT. • Issuing necessary documentation to the state to correct errors validated by CONSULTANT. The parties agree that the CLIENT and/or the State Comptroller retain exclusive authority and responsibility to administer, interpret and enforce the CLIENT's sales and use tax, recognizing that CONSULTANT's role is limited to employing its unique expertise and proprietary tools for: i) detecting and documenting errors/omissions by taxpayers in the application, calculation, collection, and/or remittance of sales and use taxes and, ii) providing CLIENT with technical assistance, without assuming or being delegated the authority or responsibility of CLIENT to administer, interpret, and enforce its sales and use taxes. Page 38 Item 4. EXHIBIT B – COMPENSATION SCHEDULE SALES TAX COMPLIANCE REVIEW The CLIENT shall pay CONSULTANT a 30% contingency fee. The fee applies to the sales and use tax revenue received by the CLIENT from correction of taxpayer reporting errors detected and documented by the Sales Tax Compliance Review for submissions to the Comptroller on/after contract date. The Contingency Fee applies to both: (a) past compliance (as applicable) -- sales and use tax revenues received by the CLIENT from prior periods; and (b) prospective compliance (as applicable) -- incremental increase in sales and use tax revenues received for the first eight consecutive reporting quarters (24 months) following correction of the errors and confirmation of receipt of revenue by the CLIENT. An incremental increase is calculated as the current month's correct tax remittance less the monthly average of the prior twelve (12) months immediately prior to the first month of correct tax remittance. CONSULTANT will invoice CLIENT quarterly based on past and/or prospective compliance secured on behalf of CLIENT. Invoices are due and payable upon receipt. All expenses incurred by CONSULTANT in providing the Sales Tax Compliance Review are the sole and exclusive responsibility of CONSULTANT, except those expenses that receive prior written approval by CLIENT. Completion of Services Notwithstanding anything else in this Agreement to the contrary, the CLIENT will pay CONSULTANT per the terms of this Agreement for services begun before termination or expiration of the Agreement even if the monies are received after termination or expiration. CONSULTANT will provide CLIENT with a list of accounts submitted but not yet corrected as of the expiration or termination within a reasonable time after the expiration or termination ("completion list"). CONSULTANT is allowed to continue working those accounts on the completion list for a reasonable time to obtain a correction. Additional Consulting CLIENT may request that CONSULTANT provide additional consulting services at any time during the term of this Agreement. If CONSULTANT and CLIENT agree on the scope of the additional consulting services requested, then CONSULTANT shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, standard hourly rates range from $75 per hour to $200 per hour. These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred. Page 39 Item 4. Created: By: Status: Transaction ID: 2023-01-03 Karen Miller-Kuwana (karen.miller-kuwana@avenuinsights.com) Signed CBJCHBCAABAA-MQ9CtrjHF95cFDMp9vk-Itq_gW5nKNr TX - Town of Prosper Crime Control District - Sales Tax Compliance Agreement - 12.31.22 Final Final Audit Report 2023-01-03 "TX - Town of Prosper Crime Control District - Sales Tax Compli ance Agreement - 12.31.22 Final" History Document created by Karen Miller-Kuwana (karen.miller-kuwana@avenuinsights.com) 2023-01-03 - 9:22:26 PM GMT Document emailed to carl.kumpf@avenuinsights.com for signature 2023-01-03 - 9:23:18 PM GMT Email viewed by carl.kumpf@avenuinsights.com 2023-01-03 - 10:28:44 PM GMT Signer carl.kumpf@avenuinsights.com entered name at signing as Carl Kumpf 2023-01-03 - 10:29:13 PM GMT Document e-signed by Carl Kumpf (carl.kumpf@avenuinsights.com) Signature Date: 2023-01-03 - 10:29:15 PM GMT - Time Source: server Agreement completed. 2023-01-03 - 10:29:15 PM GMT Page 40 Item 4. Page 1 of 2 Prosper is a place where everyone matters. PLANNING To: Mayor and Town Council From: David Soto, Planning Manager Through: Ron K. Patterson, Interim Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: Façade Plan Westside Lot 16 Town Council Meeting – January 10, 2023 Agenda Item: Consider and act upon a Façade Plan for a Residence/Extended Stay Hotel on Lot 16, 2.8± acres, located on the north side of U.S Highway 380, east of FM 1385. This property is zoned Planned Development-94 (PD-94). (D22-0086) Description of Agenda Item: The Façade plan shows exterior elevations of the Residence/Extended Stay Hotel on Lot 16 that is being proposed on the subject property as shown below. Per Planned Development 94, the façade plan shall be approved by Town Council. Renderings of the façade plan shall be shown below and attached: Residence/Extended Stay Hotel On December 6, 2022, Planning & Zoning Commission approved a Site Plan for Lots 15 (Retail) and Lot 16 (Residence/Extended Stay Hotel). Attachments: 1. Location Map 2. Façade Plan Page 41 Item 5. Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council approve a Façade Plan for a Residence/Extended Stay Hotel on Lot 16, 2.8± acres, located on the north side of U.S Highway 380, east of FM 1385. Proposed Motion: I move to approve a Façade Plan for a Residence/Extended Stay Hotel on Lot 16, 2.8± acres, located on the north side of U.S Highway 380, east of FM 1385. Page 42 Item 5. Page 43 Item 5. FACADE MATERIAL ANALYSIS NORTH ELEVATION MATERIAL AREA % STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 SOUTH ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 EAST ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 WEST ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 1,525 SF +/- 3,420 SF +/- 1,600 SF +/- 585 SF +/- TOTAL 8,380 SF +/- 2,000 SF +/- 5,300 SF +/- 2,600 SF +/- 1,230 SF +/- 12,660 SF +/-TOTAL 2,135 SF +/- 4,850 SF +/- 2,665 SF +/- 1,200 SF +/- 12,500 SF +/-TOTAL 1,950 SF +/- 2,920 SF +/- 1,880 SF +/- 590 SF +/- 8,390 SF +/-TOTAL MATERIAL TABLE BRICK COLOR 1 BRICK COLOR 2 STONE 24% 35% 22% 7% 100% 18% 41% 19% 7% 100% 17% 39% 21% 10% 100% 16% 42% 20% 10% 100% MANGANESE IRON SPOT -VELOR (BR-1)COTTON WOOD HONED (ST) AUTUMN SAND (BR-2) EIFS APPLIQUE SAND BEACH (E-1) EIFS COLOR 1 EIFS COLOR 1 EIFS COLOR 1 EIFS COLOR 1 1,250 SF +/-15% 1,530 SF +/-12% 1,650 SF +/-13% 1,050 SF +/-12% BRICK COLOR 3 ARTIC WHITE (BR-3) EXTERIOR FINISH LEGEND BRICK COLOR 1 (BR-1) BRICK COLOR 2 (BR-2) BRICK COLOR 3 (BR-3) STONE (ST) EIFS COLOR 1 (E-1) BR-1 BR-2 BR-3 ST E-1 FACADE SURFACE AREA ANALYSIS NORTH ELEVATION AREA % TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA SOUTH ELEVATION EAST ELEVATION WEST ELEVATION 10,440 SF +/- 2,050 SF +/- 2,050 SF +/- 0 SF +/- 100% 20% 100% 0% NET SURFACE AREA 8,380 SF +/- 12,660 SF +/- 12,500 SF +/- 8,390 SF +/-80% TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA 9,740 SF +/- 1,360 SF +/- 1,360 SF +/- 0 SF +/- 100% 14% 100% 0% NET SURFACE AREA 86% TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA 15,135 SF +/- 2,635 SF +/- 2,530 SF +/- 105 SF +/- 100% 17% 96% 4% NET SURFACE AREA 83% TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA 15,280 SF +/- 2,620 SF +/- 2,620 SF +/- 0 SF +/- 100% 17% 100% 0% NET SURFACE AREA 83% Level 1 100' -0" Level 2 112' -0" Level 3 123' -0" Level 4 134' -0" ROOF 145' -0" T.O.P 1 148' -0" T.O.P. 2 151' -0" T.O.P. 4 155' -0" T.O.P. 3 153' -0"2' - 0"2' - 0"3' - 0"3' - 0"11' - 0"11' - 0"11' - 0"12' - 0"10' - 0"45' - 0"55' - 0"SP-3.2 2 291' - 9 1/4" 3' - 0"2' - 6"33' - 1 1/4"28' - 2 3/4"15' - 11 1/4"49' - 4 1/2"79' - 11"16' - 10 1/4"7' - 5 1/2"8' - 6 3/4"12' - 5 1/4"13' - 5"12' - 5 1/4"8' - 6 3/4" 236' - 4 1/4"55' - 5" 8 6 8 8 8 8 5 7 7 7 8 8 8 8 865 8 12 14 11 10 12 13 11A 11 11 10 10 11 11 11 11 11 11 11 11 10 11 11 11A 11A 11 11 11 11 11 11 11 11 11 11 12 14 12 14 12 14 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 14 14 12 14 12 14 12 14 12 14 14 14 12 14 12 14 12 14 12 14 12 14 12 14 11 12 1212 12 12 12 14 14 12 14 12 14 11A 11A 1414 14 14 12 12 12 12 14 14 1414 14 14 12 12 12 12 1212 1212 1212 1212 1212 14 14 14 14 14 14 2121212121 21 21 21 21 21 212121 9 TYPTYP TYP TYP TYP TYP TYP TYP TYP TYP TYPTYP TYP BR-2BR-1BR-2 ST BR-3 BR-3 BR-3 BR-1BR-1BR-1BR-1BR-1 BR-2 BR-2 BR-2 BR-2 BR-3BR-3BR-3BR-3BR-3 BR-3 BR-3BR-3 STSTST BR-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1E-1E-1 E-1 E-1 ST BR-3 BR-2 BR-3BR-3 BR-3BR-3 BR-3 BR-3 Level 1 100' -0" Level 2 112' -0" Level 3 123' -0" Level 4 134' -0" ROOF 145' -0" T.O.P 1 148' -0" T.O.P. 2 151' -0" T.O.P. 4 155' -0" T.O.P. 3 153' -0"12' - 0"11' - 0"11' - 0"11' - 0"3' - 0"3' - 0"2' - 0"2' - 0"45' - 0"10' - 0"55' - 0"SP-3.2 1 178' - 7 3/4" 67' - 5"111' - 2 3/4" 3' - 0"8' - 5"15' - 11 1/2"12' - 8 1/2"15' - 11 1/2"8' - 4 3/4"3' - 0"74' - 9"5' - 2 1/2"25' - 9 3/4"2' - 6"2' - 11 1/2" BR-1 BR-1 BR-2 BR-2BR-3 BR-3BR-3 BR-1 BR-3BR-3 STST ST ST E-1 E-1 E-1 E-1 E-1 E-1E-1 ST ST BR-1 BR-1BR-1 BR-1 BR-1BR-1 BR-2 BR-2 BR-2 BR-2 BR-2BR-3 BR-3BR-3 BR-1 BR-3BR-3 ST ST ST E-1 E-1 E-1 E-1 E-1 E-1 E-1E-1 E-1 E-1 5886 8 12 14 12 14 12 14 12 14 12 14 12 14 14 14 1111 12 14 12 14 12 14 12 14 14 14 12 14 12 14 11 11 11 11 11 BR-1 8 8 6 4 8 8 11 11 1515 10 12 13 12 14 12 13 12 13 12 14 12 14 12 14 1414 12 13 12 13 12 1212 14 14 12 14 14 11A 13 11A 13 11 11 11 11 11 10 BR-3BR-3 BR-3 BR-3 9 2121 21 21 21 21 TYPTYPTYP TYP TYP TYP TYP TYP TYP KEYPLAN N 1/SP-3.0 2/SP-3.02/SP-3.11/SP-3.1 3/SP-3.22/SP-3.21/SP-3.2 ENTRANCE FACADE PLAN CITY NOTES • THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLAS REQUIRE REIVEW AND APPROVAL FROM BUILDING INSPECTIONS DIVISION. • ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENED BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHE BE BE TO THE SPECIFICATIONS OF THE ZONING ORDINANCE. • WHEN PERMITEED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING. • ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. • WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN (10) PRECENT. • ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE- APPROVAL BY THE TOWN OF PROSPER. EXTERIOR ELEV. KEYNOTES 1 BLACKLIGHTED, THERMO-PLASTIC RESIDENCE INN SIGN-MOUNTED ON BRICK FACE. MARRIOTT SIGN TO BE SURFACE MTD CHANNEL LETTERS. SEE SIGNAGE PAKAGE . SIGN LETTERS ARE TO BE THE BRAND COLOR BY DAY, WHITE AT NIGHT (DUAL-COLOR FILM). WHERE THE BUILDING COLOR IS MEDIUM TO DARK TONED, WHITE FACE LETTERS BY DAY & NIGHT SHOULD BE USED. SIGNAGE TO BE PERMITTED SEPERATELY. 2 BRAND ACCENT LIGHT 3 HOLLOW METAL DOOR & FRAME AS PER SCHEDULE 4 AUTOMATIC ENTRANCE DOOR 6 MECHANICAL EXTERIOR LOUVER, PTD TO MATCH ADJACENT WALL COLOR 7 LOW E GREY TINT GLAZING, DARK BRONZE STOREFRONT AS PER SCHEDULE 8 LOW E GREY TINT GLAZING, DARK BRONZE WINDOW AS PER SCHEDULE 9 BRICK CONTROL JOINT, TYP 10 MECHANICAL EQUIPMENT SCREENING 11 EFIS CORNICE - ORNATE 12 BRICK SOLDIER COURSE 13 CAST STONE SILL 14 BRICK SILL 15 SLOPED METAL SEAM ROOF 5 STORE FRONT DOOR AS SCHEDULED 17 METAL PERGOLA 16 METAL TRELLIS 19 PROPOSED GAS METER 20 PROPOSED TRANSFORMER 11A EFIS CORNICE - SIMPLE 18 FABRIC AWNING C O N C E P T U A L DRA W IN G N O T F O R C O N S T R U C T IO N SEAL: sheet no. job no. date sheet title Revisions: This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright. © 2016 MAYSE & ASSOCIATES, INC. UNAUTHORIZED DUPLICATION PROHIBITED. #1 2Engineer:A 1234 B C D E A B C D E 1234 1700 PACIFIC SUITE 1850 DALLAS TX 75201 SUBDIVISION/DEVELOPMENT: TOWN PROJECT NUMBER: LOT 15&16, BLOCK A OF WESTSIDE ADDITION, AN ADDITION TO THE TOWN OF PROSPER, DENTON COUNTY, TEXAS D22-0086 LANDOWNER: ALPHA3 HOTEL CONTACT: PERRY MOLUBHOY 1700 PACIFIC SUITE 1850 DALLAS, TX 75201 PHONE: 972.416.9900 APPLICANT FOR LANDOWNER: MAYSE & ASSOCIATES CONTACT: RON SMITH CONTACT: JESSICA MAREK 14881 QUORUM DR SUITE 800 DALLAS TX, 75254 PHONE: 972.386.0338 C:\Revit\21122 - RI Prosper - Central - New Gate House - RV22_jmarek@mayseassociates.com.rvtNo 10/17/2022 5:44:04 PMSP-3.0 FACADE PLAN - HOTEL RESIDENCE INN BY MARRIOTT ALPHA3 HOTELS LOTS 15&16 WESTSIDE ADDITION, US 380/FM 1385, PROSPER, TX 10/18/2022 21122 3/32" = 1'-0"SP-3.0 1 WEST BUILDING ELEVATION -COLOR -HOTEL FRONT/ENTRANCE 3/32" = 1'-0"SP-3.0 2 NORTH BUILDING ELEVATION-COLOR FACADE MATERIAL ANALYSIS FOR GATE HOUSE NORTH ELEVATION INCLUDED IN NORTH BUILING ELEVATION. GATE HOUSE NORTH ELEVATION PROVIDED FOR CLARITY OF DESIGN INTENT. FACADE MATERIAL ANALYSIS FOR GATE HOUSE WEST ELEVATION INCLUDED IN WEST BUILING ELEVATION. GATE HOUSE WEST ELEVATION PROVIDED FOR CLARITY OF DESIGN INTENT. Page 44 Item 5. KEYPLAN N 1/SP-3.0 2/SP-3.02/SP-3.11/SP-3.1 3/SP-3.22/SP-3.21/SP-3.2 ENTRANCE FACADE SURFACE AREA ANALYSIS NORTH ELEVATION AREA % TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA SOUTH ELEVATION EAST ELEVATION WEST ELEVATION 10,440 SF +/- 2,050 SF +/- 2,050 SF +/- 0 SF +/- 100% 20% 100% 0% NET SURFACE AREA 8,380 SF +/- 12,660 SF +/- 12,500 SF +/- 8,390 SF +/-80% TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA 9,740 SF +/- 1,360 SF +/- 1,360 SF +/- 0 SF +/- 100% 14% 100% 0% NET SURFACE AREA 86% TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA 15,135 SF +/- 2,635 SF +/- 2,530 SF +/- 105 SF +/- 100% 17% 96% 4% NET SURFACE AREA 83% TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA 15,280 SF +/- 2,620 SF +/- 2,620 SF +/- 0 SF +/- 100% 17% 100% 0% NET SURFACE AREA 83% FACADE MATERIAL ANALYSIS NORTH ELEVATION MATERIAL AREA % STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 SOUTH ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 EAST ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 WEST ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 1,525 SF +/- 3,420 SF +/- 1,600 SF +/- 585 SF +/- TOTAL 8,380 SF +/- 2,000 SF +/- 5,300 SF +/- 2,600 SF +/- 1,230 SF +/- 12,660 SF +/-TOTAL 2,135 SF +/- 4,850 SF +/- 2,665 SF +/- 1,200 SF +/- 12,500 SF +/-TOTAL 1,950 SF +/- 2,920 SF +/- 1,880 SF +/- 590 SF +/- 8,390 SF +/-TOTAL MATERIAL TABLE BRICK COLOR 1 BRICK COLOR 2 STONE 24% 35% 22% 7% 100% 18% 41% 19% 7% 100% 17% 39% 21% 10% 100% 16% 42% 20% 10% 100% MANGANESE IRON SPOT -VELOR (BR-1)COTTON WOOD HONED (ST) AUTUMN SAND (BR-2) EIFS APPLIQUE SAND BEACH (E-1) EIFS COLOR 1 EIFS COLOR 1 EIFS COLOR 1 EIFS COLOR 1 1,250 SF +/-15% 1,530 SF +/-12% 1,650 SF +/-13% 1,050 SF +/-12% BRICK COLOR 3 ARTIC WHITE (BR-3) EXTERIOR FINISH LEGEND BRICK COLOR 1 (BR-1) BRICK COLOR 2 (BR-2) BRICK COLOR 3 (BR-3) STONE (ST) EIFS COLOR 1 (E-1) BR-1 BR-2 BR-3 ST E-1 Level 1 100' -0" Level 2 112' -0" Level 3 123' -0" Level 4 134' -0" ROOF 145' -0" T.O.P 1 148' -0" T.O.P. 2 151' -0" T.O.P. 4 155' -0" T.O.P. 3 153' -0"2' - 0"2' - 0"3' - 0"3' - 0"11' - 0"11' - 0"11' - 0"12' - 0"10' - 0"45' - 0"55' - 0"178' - 7 3/4" 12' - 0"30' - 4 3/4"13' - 4 1/4"15' - 7 3/4"25' - 4 1/4"15' - 7 3/4"26' - 5"8' - 6 3/4"25' - 9 3/4"2' - 6"2' - 11 1/2" BR-1 BR-1 BR-1BR-1 BR-1 BR-2 BR-2 BR-2 BR-2 BR-1 BR-3BR-3 BR-3 BR-3 BR-3 BR-3 STSTSTST E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1E-1 E-1E-1 BR-3 BR-3 BR-3 BR-3 ST ST 8 TYP 12 13 12 14 13 12 11 11 10 9 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 5 17 18 12 1212 12 12 13 13 11 11 11 11 11 E-1 11E-1 11E-1 11E-1 11 13 12 12 1212 12 12 13 13 12 13 12 13 12 14 12 14 12 14 10 1111 11 11 11 11 11 12 14 14 14 14 14 12 14 12 14 14 14 14 14 12 14 12 14 12 14 12 13 12 13 12 13 Level 1 100' -0" Level 2 112' -0" Level 3 123' -0" Level 4 134' -0" ROOF 145' -0" T.O.P 1 148' -0" T.O.P. 2 151' -0" T.O.P. 4 155' -0" T.O.P. 3 153' -0"2' - 0"2' - 0"3' - 0"3' - 0"11' - 0"11' - 0"11' - 0"12' - 0"10' - 0"45' - 0"55' - 0"291' - 9 1/4" 9' - 10 1/2"66' - 4 1/4"15' - 7 3/4"12' - 0"16' - 9 1/2"7' - 3 1/2"36' - 10 1/2"15' - 11 1/4"28' - 2 3/4"15' - 11 1/4"28' - 2 3/4"33' - 1 1/4"2' - 6"3' - 0" BR-2 BR-1BR-1 BR-1 BR-3BR-3 ST BR-3 ST BR-1 BR-1 BR-1 BR-2 BR-3 BR-3 BR-3 BR-1 BR-2 BR-2 STST BR-1 BR-1 BR-1 BR-2 BR-3 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 BR-2BR-2 BR-3BR-3 11 10 8 TYP 21 19 13 12 14 18 3 3 3 1212 12 12121212 12 12 12 12 12 12 12 12 12 12 1212 12 12 12 12 12 12 12 12 12 12 11A 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 14 14 11 17 11 9 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 8 TYP 21 11 11 11 11 11 11 11 11 11 11 11 11 ST ST ST ST ST ST 13 13 1212 13 13 13 13 13 13 10 E-1 11 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 13 13 13 13 13 13 13 13 13 13 13 13 13 13 1313 13 13 BR-3 BR-3 BR-3BR-3BR-3 14 14 14 E-1E-1E-1E-1E-1 E-1E-1E-1E-1 FACADE PLAN CITY NOTES • THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLAS REQUIRE REIVEW AND APPROVAL FROM BUILDING INSPECTIONS DIVISION. • ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENED BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHE BE BE TO THE SPECIFICATIONS OF THE ZONING ORDINANCE. • WHEN PERMITEED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING. • ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. • WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN (10) PRECENT. • ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE- APPROVAL BY THE TOWN OF PROSPER. EXTERIOR ELEV. KEYNOTES 1 BLACKLIGHTED, THERMO-PLASTIC RESIDENCE INN SIGN-MOUNTED ON BRICK FACE. MARRIOTT SIGN TO BE SURFACE MTD CHANNEL LETTERS. SEE SIGNAGE PAKAGE . SIGN LETTERS ARE TO BE THE BRAND COLOR BY DAY, WHITE AT NIGHT (DUAL-COLOR FILM). WHERE THE BUILDING COLOR IS MEDIUM TO DARK TONED, WHITE FACE LETTERS BY DAY & NIGHT SHOULD BE USED. SIGNAGE TO BE PERMITTED SEPERATELY. 2 BRAND ACCENT LIGHT 3 HOLLOW METAL DOOR & FRAME AS PER SCHEDULE 4 AUTOMATIC ENTRANCE DOOR 6 MECHANICAL EXTERIOR LOUVER, PTD TO MATCH ADJACENT WALL COLOR 7 LOW E GREY TINT GLAZING, DARK BRONZE STOREFRONT AS PER SCHEDULE 8 LOW E GREY TINT GLAZING, DARK BRONZE WINDOW AS PER SCHEDULE 9 BRICK CONTROL JOINT, TYP 10 MECHANICAL EQUIPMENT SCREENING 11 EFIS CORNICE - ORNATE 12 BRICK SOLDIER COURSE 13 CAST STONE SILL 14 BRICK SILL 15 SLOPED METAL SEAM ROOF 5 STORE FRONT DOOR AS SCHEDULED 17 METAL PERGOLA 16 METAL TRELLIS 19 PROPOSED GAS METER 20 PROPOSED TRANSFORMER 11A EFIS CORNICE - SIMPLE 18 FABRIC AWNING C O N C E P T U A L DRA W IN G N O T F O R C O N S T R U C T IO N SEAL: sheet no. job no. date sheet title Revisions: This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright. © 2016 MAYSE & ASSOCIATES, INC. UNAUTHORIZED DUPLICATION PROHIBITED. #1 2Engineer:A 1234 B C D E A B C D E 1234 1700 PACIFIC SUITE 1850 DALLAS TX 75201 SUBDIVISION/DEVELOPMENT: TOWN PROJECT NUMBER: LOT 15&16, BLOCK A OF WESTSIDE ADDITION, AN ADDITION TO THE TOWN OF PROSPER, DENTON COUNTY, TEXAS D22-0086 LANDOWNER: ALPHA3 HOTEL CONTACT: PERRY MOLUBHOY 1700 PACIFIC SUITE 1850 DALLAS, TX 75201 PHONE: 972.416.9900 APPLICANT FOR LANDOWNER: MAYSE & ASSOCIATES CONTACT: RON SMITH CONTACT: JESSICA MAREK 14881 QUORUM DR SUITE 800 DALLAS TX, 75254 PHONE: 972.386.0338 C:\Revit\21122 - RI Prosper - Central - New Gate House - RV22_jmarek@mayseassociates.com.rvtNo 10/17/2022 5:45:25 PMSP-3.1 FACADE PLAN - HOTEL RESIDENCE INN BY MARRIOTT ALPHA3 HOTELS LOTS 15&16 WESTSIDE ADDITION, US 380/FM 1385, PROSPER, TX 10/18/2022 21122 3/32" = 1'-0"SP-3.1 1 SOUTH BUILDING ELEVATION -COLOR 3/32" = 1'-0"SP-3.1 2 EAST BUILDING ELEVATION -COLOR FACADE MATERIAL ANALYSIS FOR GATE HOUSE SOUTH ELEVATION INCLUDED IN SOUTH BUILING ELEVATION. GATE HOUSE SOUTH ELEVATION PROVIDED FOR CLARITY OF DESIGN INTENT. Page 45 Item 5. EXTERIOR FINISH LEGEND BRICK COLOR 1 (BR-1) BRICK COLOR 2 (BR-2) BRICK COLOR 3 (BR-3) STONE (ST) EIFS COLOR 1 (E-1) BR-1 BR-2 BR-3 ST E-1 FACADE PLAN CITY NOTES • THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLAS REQUIRE REIVEW AND APPROVAL FROM BUILDING INSPECTIONS DIVISION. • ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENED BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHE BE BE TO THE SPECIFICATIONS OF THE ZONING ORDINANCE. • WHEN PERMITEED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING. • ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. • WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN (10) PRECENT. • ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE- APPROVAL BY THE TOWN OF PROSPER. Level 1 100' -0" Level 2 112' -0" Level 3 123' -0" 10' - 2"10' - 9"53' - 10" 74' - 9"13' - 8"22' - 0"12' - 0"11' - 0"23' - 0"ST ST ST ST 7 7 7 45 1616 16 15 777 7 151510 ST 21 21 21 Level 1 100' -0" Level 2 112' -0" Level 3 123' -0" 79' - 11" 22' - 10 1/4"7' - 7 3/4"17' - 1 3/4"32' - 3 1/4"15' - 0"22' - 0"14' - 7"23' - 0"11' - 0"12' - 0"E-1 BR-1 ST ST ST ST 7 7 7 7 7 7 7 7 10 15 15 117 7 16 21 21 21 21 21 12 14 12 14 12 14 Level 1 100' -0" Level 2 112' -0" Level 3 123' -0"11' - 0"12' - 0"15' - 0"22' - 0"8' - 2"10' - 0"56' - 6 3/4" 74' - 10 1/4"23' - 0"E-1 BR-1 ST 7 1015 11 16 ST 15 15 3 FACADE SURFACE AREA ANALYSIS NORTH ELEVATION AREA % TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA SOUTH ELEVATION EAST ELEVATION WEST ELEVATION -SF +/- -SF +/- -SF +/- -SF +/- 100% -% -% -% NET SURFACE AREA 8,840 SF +/- 14,130 SF +/- 16,545 SF +/- 10,310 SF +/--% TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA -SF +/- -SF +/- -SF +/- -SF +/- 100% -% -% -% NET SURFACE AREA -% TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA -SF +/- -SF +/- -SF +/- -SF +/- 100% -% -% -% NET SURFACE AREA -% TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA -SF +/- -SF +/- -SF +/- -SF +/- 100% -% -% -% NET SURFACE AREA -% FACADE MATERIAL ANALYSIS NORTH ELEVATION MATERIAL AREA % STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 SOUTH ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 EAST ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 WEST ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 1,490 SF +/- 3,710 SF +/- 1,915 SF +/- 560 SF +/- TOTAL 8,840 SF +/- 2,455 SF +/- 5,895 SF +/- 2,255 SF +/- 1,490 SF +/- 14,130 SF +/-TOTAL 4,140 SF +/- 6,530 SF +/- 2,400 SF +/- 1,450 SF +/- 16,545 SF +/-TOTAL 2,580 SF +/- 3,560 SF +/- 1,735 SF +/- 1,220 SF +/- 10,310 SF +/-TOTAL MATERIAL TABLE BRICK COLOR 1 BRICK COLOR 2 STONE 25% 34.5% 16.8% 11.9% 100% 16.9% 42% 21.7% 6.3% 100% 25% 39.5% 14.5% 8.8% 100% 17.4% 41.8% 16% 10.6% 100% MANGANESE IRON SPOT -VELOR (BR-1)COTTON WOOD HONED (ST) AUTUMN SAND (BR-2) EIFS APPLIQUE SAND BEACH (E-1) EIFS COLOR 1 EIFS COLOR 1 EIFS COLOR 1 EIFS COLOR 1 1,165 SF +/-13.1% 2,035 SF +/-14.2% 2,025 SF +/-12.2% 1,215 SF +/-11.8% BRICK COLOR 3 ARCTIC WHITE (BR-3) KEYPLAN N 1/SP-3.0 2/SP-3.02/SP-3.11/SP-3.1 3/SP-3.22/SP-3.21/SP-3.2 ENTRANCE EXTERIOR ELEV. KEYNOTES 1 BLACKLIGHTED, THERMO-PLASTIC RESIDENCE INN SIGN-MOUNTED ON BRICK FACE. MARRIOTT SIGN TO BE SURFACE MTD CHANNEL LETTERS. SEE SIGNAGE PAKAGE . SIGN LETTERS ARE TO BE THE BRAND COLOR BY DAY, WHITE AT NIGHT (DUAL-COLOR FILM). WHERE THE BUILDING COLOR IS MEDIUM TO DARK TONED, WHITE FACE LETTERS BY DAY & NIGHT SHOULD BE USED. SIGNAGE TO BE PERMITTED SEPERATELY. 2 BRAND ACCENT LIGHT 3 HOLLOW METAL DOOR & FRAME AS PER SCHEDULE 4 AUTOMATIC ENTRANCE DOOR 6 MECHANICAL EXTERIOR LOUVER, PTD TO MATCH ADJACENT WALL COLOR 7 LOW E GREY TINT GLAZING, DARK BRONZE STOREFRONT AS PER SCHEDULE 8 LOW E GREY TINT GLAZING, DARK BRONZE WINDOW AS PER SCHEDULE 9 BRICK CONTROL JOINT, TYP 10 MECHANICAL EQUIPMENT SCREENING 11 EFIS CORNICE - ORNATE 12 BRICK SOLDIER COURSE 13 CAST STONE SILL 14 BRICK SILL 15 SLOPED METAL SEAM ROOF 5 STORE FRONT DOOR AS SCHEDULED 17 METAL PERGOLA 16 METAL TRELLIS 19 PROPOSED GAS METER 20 PROPOSED TRANSFORMER 11A EFIS CORNICE - SIMPLE 18 FABRIC AWNING C O N C E P T U A L DRA W IN G N O T F O R C O N S T R U C T IO N SEAL: sheet no. job no. date sheet title Revisions: This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright. © 2016 MAYSE & ASSOCIATES, INC. UNAUTHORIZED DUPLICATION PROHIBITED. #1 2Engineer:A 1234 B C D E A B C D E 1234 1700 PACIFIC SUITE 1850 DALLAS TX 75201 SUBDIVISION/DEVELOPMENT: TOWN PROJECT NUMBER: LOT 15&16, BLOCK A OF WESTSIDE ADDITION, AN ADDITION TO THE TOWN OF PROSPER, DENTON COUNTY, TEXAS D22-0086 LANDOWNER: ALPHA3 HOTEL CONTACT: PERRY MOLUBHOY 1700 PACIFIC SUITE 1850 DALLAS, TX 75201 PHONE: 972.416.9900 APPLICANT FOR LANDOWNER: MAYSE & ASSOCIATES CONTACT: RON SMITH CONTACT: JESSICA MAREK 14881 QUORUM DR SUITE 800 DALLAS TX, 75254 PHONE: 972.386.0338 C:\Revit\21122 - RI Prosper - Central - New Gate House - RV22_jmarek@mayseassociates.com.rvtNo 10/17/2022 5:47:08 PMSP-3.2 FACADE PLAN - HOTEL RESIDENCE INN BY MARRIOTT ALPHA3 HOTELS LOTS 15&16 WESTSIDE ADDITION, US 380/FM 1385, PROSPER, TX 10/18/2022 21122 1/8" = 1'-0"SP-3.2 1 GATE HOUSE -NORTH ELEVATION -ENTRANCE 1/8" = 1'-0"SP-3.2 2 GATE HOUSE -WEST ELEVATION 1/8" = 1'-0"SP-3.2 3 GATE HOUSE -SOUTH ELEVATION FACADE MATERIAL ANALYSIS FOR GATE HOUSE NORTH ELEVATION INCLUDED IN NORTH BUILING ELEVATION. GATE HOUSE NORTH ELEVATION PROVIDED FOR CLARITY OF DESIGN INTENT. FACADE MATERIAL ANALYSIS FOR GATE HOUSE WEST ELEVATION INCLUDED IN WEST BUILING ELEVATION. GATE HOUSE WEST ELEVATION PROVIDED FOR CLARITY OF DESIGN INTENT. FACADE MATERIAL ANALYSIS FOR GATE HOUSE SOUTH ELEVATION INCLUDED IN SOUTH BUILING ELEVATION. GATE HOUSE SOUTH ELEVATION PROVIDED FOR CLARITY OF DESIGN INTENT. Page 46 Item 5. EXTERIOR FINISH LEGEND BRICK COLOR 1 (BR-1) BRICK COLOR 2 (BR-2) BRICK COLOR 3 (BR-3) STONE (ST) EIFS COLOR 1 (E-1) BR-1 BR-2 BR-3 ST E-1 FACADE PLAN CITY NOTES • THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLAS REQUIRE REIVEW AND APPROVAL FROM BUILDING INSPECTIONS DIVISION. • ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENED BY A PARAPET WALL OR SCREENING WALL. SCREENING WALLS SHE BE BE TO THE SPECIFICATIONS OF THE ZONING ORDINANCE. • WHEN PERMITEED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING. • ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTIONS DIVISION. • WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF TEN (10) PRECENT. • ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE RE- APPROVAL BY THE TOWN OF PROSPER. Level 1 100' -0" RETAIL -ROOF 114' -0" RETAIL -T.O.P. 5 123' -0" RETAIL -T.O.P. 6 124' -8"24' - 8"14' - 0"9' - 0"1' - 8"64' - 2 1/4" E-1E-1E-1 E-1 E-1 ST BR-1 ST BR-1 ST BR-1 BR-1 1111A 13 12 12 77 11A 13 12 12 1111 1818 Level 1 100' -0" RETAIL -ROOF 114' -0" RETAIL -T.O.P. 1 119' -0" RETAIL -T.O.P. 2 119' -6" RETAIL -T.O.P. 3 121' -2" RETAIL -T.O.P. 4 121' -8" RETAIL -T.O.P. 5 123' -0" RETAIL -T.O.P. 6 124' -8"6"5' - 0"14' - 0"6"7' - 2"14' - 0"1' - 8"9' - 0"14' - 0"24' - 8"1' - 8"1' - 4"6"1' - 8"6"5' - 0"14' - 0"29' - 2 1/4"45' - 9 3/4"54' - 2 1/4"20' - 9 3/4"54' - 2 1/4" 204' - 2 1/4" E-1 E-1 E-1E-1E-1 STBR-1STBR-1ST BR-1BR-1 11 11A 13 12 12 7 11A 13 12 12 11 11 3 77 1818 E-1 E-1E-1 STBR-1ST BR-1 11 11A 13 12 12 11 STSTSTST BR-3 E-1 11A 12BR-3 E-1 11A 12BR-3 E-1 11A E-1 11A E-1 11A E-1 11A E-1 11A 12 E-1 BR-2 BR-2 11A 13 12 12 E-1 BR-2 BR-2 11A 13 12 12 13 12 13 13 13 13 13 13 13 7 12 14 7 7 12 14 7 7 12 14 7 7 12 14 7 7 12 14 12 3 3 3 3 3 3 3 17 FACADE MATERIAL ANALYSIS NORTH ELEVATION MATERIAL AREA % STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 SOUTH ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 EAST ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 WEST ELEVATION STONE BRICK COLOR 1 BRICK COLOR 2 BRICK COLOR 3 290 SF +/- 670 SF +/- 0 SF +/- 0 SF +/- TOTAL 1,040 SF +/- 830 SF +/- 1,107 SF +/- 1,010 SF +/- 720 SF +/- 3,952 SF +/-TOTAL 830 SF +/- 810 SF +/- 485 SF +/- 560 SF +/- 2,885 SF +/-TOTAL 290 SF +/- 670 SF +/- 0 SF +/- 0 SF +/- 1,040 SF +/-TOTAL MATERIAL TABLE BRICK COLOR 1 BRICK COLOR 2 STONE 28% 64% 0% 0% 100% 28% 64% 0% 0% 100% 29% 28% 16% 20% 100% 21% 28% 26% 18% 100% MANGANESE IRON SPOT -VELOR (BR-1)COTTON WOOD HONED (ST) AUTUMN SAND (BR-2) EIFS APPLIQUE SAND BEACH (E-1) EIFS COLOR 1 EIFS COLOR 1 EIFS COLOR 1 EIFS COLOR 1 80 SF +/-8% 285 SF +/-7% 200 SF +/-7% 80 SF +/-8% BRICK COLOR 3 ARCTIC WHITE (BR-3) FACADE SURFACE AREA ANALYSIS NORTH ELEVATION AREA % TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA SOUTH ELEVATION EAST ELEVATION WEST ELEVATION NET SURFACE AREA 1,040 SF +/- 3,952 SF +/- 2,885 SF +/- TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA 1,560 SF +/- 520 SF +/- 520 SF +/- 0 SF +/- 100% 33% 100% 0% NET SURFACE AREA 67% TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA 4,540 SF +/- 1655 SF +/- 1634 SF +/- 21 SF +/- 100% 36% 98% 2% NET SURFACE AREA 64% TOTAL SURFACE AREA TOTAL GLAZING SURFACE AREA WINDOW/STOREFRONT SURFACE AREA METAL DOOR SURFACE AREA 4,540 SF +/- 588 SF +/- 420 SF +/- 168 SF +/- 100% 13% 71% 29% NET SURFACE AREA 87% 1,040 SF +/- 1,560 SF +/- 520 SF +/- 520 SF +/- 0 SF +/- 100% 33% 100% 0% 67% Level 1 100' -0" RETAIL -ROOF 114' -0" RETAIL -T.O.P. 5 123' -0" RETAIL -T.O.P. 6 124' -8"24' - 8"1' - 8"9' - 0"14' - 0"64' - 2 1/4" E-1E-1E-1 E-1 E-1 ST BR-1 ST BR-1 ST BR-1 BR-1 1111A 13 12 12 5 77 11A 13 12 12 1111 18 18 Level 1 100' -0" RETAIL -ROOF 114' -0" RETAIL -T.O.P. 1 119' -0" RETAIL -T.O.P. 2 119' -6" RETAIL -T.O.P. 3 121' -2" RETAIL -T.O.P. 4 121' -8" RETAIL -T.O.P. 5 123' -0" RETAIL -T.O.P. 6 124' -8"24' - 8"6"5' - 0"14' - 0"6"7' - 2"14' - 0"1' - 8"9' - 0"14' - 0"1' - 8"1' - 4"6"1' - 8"6"5' - 0"14' - 0"204' - 2 1/4" 54' - 2 1/4"20' - 9 3/4"54' - 2 1/4"45' - 9 3/4"29' - 2 1/4" E-1E-1E-1 E-1 E-1 ST BR-1 ST BR-1 ST BR-1 BR-1 1111A 13 12 12 77 11A 13 12 12 1111 5 5 5 5 5 577777 7 18 18 18 18 18 18 18 18 E-1E-1 E-1 ST BR-1 ST BR-1 1111A 13 12 12 11 ST ST ST STBR-3 E-1 11A 12 BR-3 E-1 11A 12 BR-3 E-1 11A E-1 11AE-1 11A E-1 11A E-1 11A 12 E-1 BR-2 BR-2 11A 13 12 12 E-1 BR-2 BR-2 11A 13 12 12 17 3 BR-2 EXTERIOR ELEV. KEYNOTES 1 BLACKLIGHTED, THERMO-PLASTIC RESIDENCE INN SIGN-MOUNTED ON BRICK FACE. MARRIOTT SIGN TO BE SURFACE MTD CHANNEL LETTERS. SEE SIGNAGE PAKAGE . SIGN LETTERS ARE TO BE THE BRAND COLOR BY DAY, WHITE AT NIGHT (DUAL-COLOR FILM). WHERE THE BUILDING COLOR IS MEDIUM TO DARK TONED, WHITE FACE LETTERS BY DAY & NIGHT SHOULD BE USED. SIGNAGE TO BE PERMITTED SEPERATELY. 2 BRAND ACCENT LIGHT 3 HOLLOW METAL DOOR & FRAME AS PER SCHEDULE 4 AUTOMATIC ENTRANCE DOOR 6 MECHANICAL EXTERIOR LOUVER, PTD TO MATCH ADJACENT WALL COLOR 7 LOW E GREY TINT GLAZING, DARK BRONZE STOREFRONT AS PER SCHEDULE 8 LOW E GREY TINT GLAZING, DARK BRONZE WINDOW AS PER SCHEDULE 9 BRICK CONTROL JOINT, TYP 10 MECHANICAL EQUIPMENT SCREENING 11 EFIS CORNICE - ORNATE 12 BRICK SOLDIER COURSE 13 CAST STONE SILL 14 BRICK SILL 15 SLOPED METAL SEAM ROOF 5 STORE FRONT DOOR AS SCHEDULED 17 METAL PERGOLA 16 METAL TRELLIS 19 PROPOSED GAS METER 20 PROPOSED TRANSFORMER 11A EFIS CORNICE - SIMPLE 18 FABRIC AWNING C O N C E P T U A L DRA W IN G N O T F O R C O N S T R U C T IO N SEAL: sheet no. job no. date sheet title Revisions: This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright. © 2016 MAYSE & ASSOCIATES, INC. UNAUTHORIZED DUPLICATION PROHIBITED. #1 2Engineer:A 1234 B C D E A B C D E 1234 1700 PACIFIC SUITE 1850 DALLAS TX 75201 SUBDIVISION/DEVELOPMENT: TOWN PROJECT NUMBER: LOT 15&16, BLOCK A OF WESTSIDE ADDITION, AN ADDITION TO THE TOWN OF PROSPER, DENTON COUNTY, TEXAS D22-0086 LANDOWNER: ALPHA3 HOTEL CONTACT: PERRY MOLUBHOY 1700 PACIFIC SUITE 1850 DALLAS, TX 75201 PHONE: 972.416.9900 APPLICANT FOR LANDOWNER: MAYSE & ASSOCIATES CONTACT: RON SMITH CONTACT: JESSICA MAREK 14881 QUORUM DR SUITE 800 DALLAS TX, 75254 PHONE: 972.386.0338 C:\Revit\21122 - RI Prosper - Central - New Gate House - RV22_jmarek@mayseassociates.com.rvtNo 10/17/2022 5:49:19 PMSP-3.3 FACADE PLAN - RETAIL RESIDENCE INN BY MARRIOTT ALPHA3 HOTELS LOTS 15&16 WESTSIDE ADDITION, US 380/FM 1385, PROSPER, TX 10/18/2022 21122 1/8" = 1'-0"SP-3.3 2 RETAIL EXTERIOR ELEVATIONS -NORTH 1/8" = 1'-0"SP-3.3 4 RETAIL EXTERIOR ELEVATIONS -WEST 1/8" = 1'-0"SP-3.3 1 RETAIL EXTERIOR ELEVATIONS -SOUTH 1/8" = 1'-0"SP-3.3 3 RETAIL EXTERIOR ELEVATONS -EAST -ENTRANCES Page 47 Item 5. C O N C E P T U A L DRA W IN G N O T F O R C O N S T R U C T IO N SEAL: sheet no. job no. date sheet title Revisions: This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright. © 2016 MAYSE & ASSOCIATES, INC. UNAUTHORIZED DUPLICATION PROHIBITED. #1 2Engineer:A 1234 B C D E A B C D E 1234 1700 PACIFIC SUITE 1850 DALLAS TX 75201 SUBDIVISION/DEVELOPMENT: TOWN PROJECT NUMBER: LOT 15&16, BLOCK A OF WESTSIDE ADDITION, AN ADDITION TO THE TOWN OF PROSPER, DENTON COUNTY, TEXAS D22-0086 LANDOWNER: ALPHA3 HOTEL CONTACT: PERRY MOLUBHOY 1700 PACIFIC SUITE 1850 DALLAS, TX 75201 PHONE: 972.416.9900 APPLICANT FOR LANDOWNER: MAYSE & ASSOCIATES CONTACT: RON SMITH CONTACT: JESSICA MAREK 14881 QUORUM DR SUITE 800 DALLAS TX, 75254 PHONE: 972.386.0338 C:\Revit\21122 - RI Prosper - Central - New Gate House - RV22_jmarek@mayseassociates.com.rvtNo 10/17/2022 5:53:07 PMSP-3.5 DIGITAL SAMPLE BOARD RESIDENCE INN BY MARRIOTT ALPHA3 HOTELS LOTS 15&16 WESTSIDE ADDITION, US 380/FM 1385, PROSPER, TX 10/18/2022 21122 STONE THIN BRICKEFIS FORMS METAL PAINT A 4'X4' BUILDING MATERIAL MOCK UP BOARD WILL BE CONSTRUCTED AT WORK SITE FOR INSPECTION BY PLANNING DIVISION PRIOR TO VERTICAL CONSTRUCTION. RENDERS THIN STONE VENEER PATTERN: RUNNING BOND COLOR: COTTONWOOD HONED SIZE: 1'X2" MANF: BLACKSON BRICK CONTACT BRAE BARTON 817-874-3194 CAST STONE SILL COLOR: COTTONWOOD HONED (OR CLOSEST MATCHING) SIZE: 6" TALL, REFER TO DETAILS/ELEVATIONS FOR WIDTH MANF: ADVANCED CAST STONE THIN BRICK VENEER PATTERN: STACKED BOND COLOR: ARTIC WHITE SIZE: MODULAR BRICK MANF: BLACKSON BRICK CONTACT BRAE BARTON 817-874-3194 THIN BRICK VENEER PATTERN: RUNNING BOND COLOR: AUTUMN SANDS SIZE: MODULAR BRICK MANF: BLACKSON BRICK CONTACT BRAE BARTON 817-874-3194 THIN BRICK VENEER PATTERN: RUNNING BOND COLOR: MAGANESE IRONSPOT SIZE: MODULAR BRICK MANF: BLACKSON BRICK CONTACT BRAE BARTON 817-874-3194 EFIS BANDS (FANCY/REGULAR) COLOR: SW 7529 SAND BEACH SIZE: REFER TO DETAILS MANF: PAREX SYSTEM INC METAL PERGOLA, METAL TRELLIS, METAL SEAM ROO, HAVC SCREENS, METAL FENCES, ETC COLOR: DARK BRONZE MANF: REFER TO SPECIFIC MANUFACTURER FOR EACH ITEM PAINT - MATCH TO BR-1 COLOR: SW 7602 INDIGO BATIK MANF: SHERWIN WILLIAMS BR-1E-1 BR-2 BR-3 STPAINT - MATCH TO ST/E-1 COLOR: SW 7529 SAND BEACH MANF: SHERWIN WILLIAMS PAINT - MATCH TO BR-2 COLOR: SW 6048 TERRA BRUN MANF: SHERWIN WILLIAMS PAINT - MATCH TO BR-3 COLOR: SW 7104 COTTON WHITE MANF: SHERWIN WILLIAMS PAINT - MATCH TO BR-3 COLOR: SW 7048 URBANE BRONZE MANF: SHERWIN WILLIAMS MT PT1 PT2 PT3 PT4 PT5 Page 48 Item 5. Page 1 To: Mayor and Town Council From: Terrence S. Welch, Town Attorney Through: Bob Scott, Executive Director of Administrative Services Re: Town Council Meeting – January 10, 2023 Agenda Item: Consider and act upon appointing Bob Scott as the Interim Town Manager until such time as a new Town Manager begins employment with the Town; terminate the service provider agreement with Purefoy & Patterson, LLC, effective January 10, 2023; and to ratify any actions taken by Mr. Scott as Interim Town Manager prior to the date of appointment. Description of Agenda Item: In the summer of 2022, the Town entered into an Interim Town Manager Agreement with Ron K. Patterson as a service provider for Purefoy & Patterson, LLC. It was the general understanding of the parties that Mr. Patterson would provide such interim town manager services until January 2023. It is anticipated that the Town Council will appoint a new Town Manager on January 10, 2023, and this item would authorize current Executive Director of Administrative Services Bob Scott to serve as Interim Town Manager until the date the new Town Manager begins employment with the Town of Prosper. Due to the appointment of Mr. Scott as Interim Town Manager, the service provider agreement with Purefoy & Patterson, LLC, is being terminated effective January 10, 2023. It is also requested that the Town Council ratify any actions that may have been taken by Bob Scott as Interim Town Manager prior to the date of his appointment. Town Staff Recommendation: Town staff recommends the Town Council appoint Executive Director of Administrative Services Bob Scott as the Interim Town Manager until such time as a new Town Manager begins employment with the Town; terminate the service provider agreement with Purefoy & Patterson, LLC, effective January 10, 2023; and ratify any actions that may have been taken by Mr. Scott as Interim Town Manager prior to the date of his appointment. Proposed Motion: I move to appoint Executive Director of Administrative Services Bob Scott as the Interim Town Manager until such time as a new Town Manager begins employment with the Town; terminate the service provider agreement with Purefoy & Patterson, LLC, effective January 10, 2023; and to ratify any actions taken by Mr. Scott as Interim Town Manager prior to the date of appointment. Prosper is a place where everyone matters. TOWN COUNCIL Page 49 Item 6. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Ron K. Patterson, Interim Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: Zoning MQ Prosper North Town Council Meeting – January 10, 2023 Agenda Item: Conduct a public hearing and consider and act upon a request to rezone 13.3± acres from Single Family-15 (SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail development, located on the east side of Preston Road, north of St. Peter Lane. (Z21-0003). This is a companion case to CA21-0001. (Request to be tabled) Description of Agenda Item: At the October 11, 2022, Town Council meeting, this item was tabled to the January 10, 2023, Town Council meeting. The applicant has requested this item be tabled to the February 14, 2023, Town Council meeting to allow additional time to finalize the request. Town Staff Recommendation: Town staff recommends that the Town Council table the request to rezone 13.3± acres from Single Family-15 (SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail development, located on the east side of Preston Road, north of St. Peter Lane , and continue the public hearing to the February 14, 2023, Town Council meeting. Proposed Motion: I move to table the request to rezone 13.3± acres from Single Family-15 (SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail development, located on the east side of Preston Road, north of St. Peter Lane, and continue the public hearing to the February 14, 2023, Town Council meeting. Prosper is a place where everyone matters. PLANNING Page 50 Item 7. Page 1 of 1 To: Mayor and Town Council From: David Soto, Planning Manager Through: Ron K. Patterson, Interim Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: Comprehensive Plan Amendment MQ Prosper North Town Council Meeting – January 10, 2023 Agenda Item: Conduct a public hearing and consider and act upon a request to amend the Future Land Use Plan from Residential Low Density to Retail and Neighborhood Services, generally located on the east side of Preston Road, north of St. Peter Lane. (CA21-0001) This is a companion case to Z21-0003. (Request to be tabled) Description of Agenda Item: At the October 11, 2022, Town Council meeting, this item was tabled to the January 10, 2023, Town Council meeting. The applicant has requested this item be tabled to the February 14, 2023, Town Council meeting to allow additional time to finalize the request. Town Staff Recommendation: Town staff recommends that the Town Council table the request to amend the Future Land Use Plan from Residential Low Density to Retail and Neighborhood Services, generally located on the east side of Preston Road, north of St. Peter Lane, and continue the public hearing to the February 14, 2023, Town Council meeting. Proposed Motion: I move to table the request to amend the Future Land Use Plan from Residential Low Density to Retail and Neighborhood Services, generally located on the east side of Preston Road, north of St. Peter Lane, and continue the public hearing to the February 14, 2023, Town Council meeting. Prosper is a place where everyone matters. PLANNING Page 51 Item 8. Page 1 of 2 PLANNING Prosper is a place where everyone matters. To: Mayor and Town Council From: David Soto, Planning Manager Through: Ron K. Patterson, Interim Town Manager Chuck Ewings, Executive Director of Development and Infrastructure Services Re: Notice of Appeal Town Council Meeting – January 10, 2023 ____________________________________________________________________________ Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeals 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 Plans and Preliminary Site Plans, including Broadway Retail Phase 2, Westside Lots 15 & 16, Victory at Frontier Lot 7, Legacy Intuitive Health, Rock Creek Church, and Prosper Fire Station #4. Description of Agenda Item: Attached are the site plans that were acted on by the Planning & Zoning Commission at their December 6, 2022, meeting. Per the 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 Site Plans and Preliminary Site Plans acted on by the Planning & Zoning Commission. Attachments: 1. Broadway Retail Phase 2 Site Plan 2. Westside Lots 15 & 16 Site Plan 3. Victory at Frontier Lot 7 Site Plan 4. Legacy Intuitive Health Site Plan 5. Rock Creek Church Site Plan 6. Prosper Fire Station #4 Site Plan Page 52 Item 9. Page 2 of 2 Planning & Zoning Recommendations: At their December 6, 2022, meeting, the Planning & Zoning Commission approved the following items: 1. Broadway Retail Phase 2 Site Plan (Approved) 2. Westside Lots 15 & 16 Site Plan (Approved) 3. Victory at Frontier Lot 7 Site Plan (Approved) 4. Legacy Intuitive Health Site Plan (Approved) 5. Rock Creek Church Site Plan (Approved) 6. Prosper Fire Station #4 Site Plan (Approved) Town Staff Recommendation: Town staff recommends the Town Council take no action on this item. Page 53 Item 9. 69.85'STEPPEDFFE87.49'EXPATIOAREAEX 5' SSEASEMENT162.22'PROPPOSED5,870 SFBUILDING NO. 2PROPPOSED5,175 SFBUILDING NO. 1W. BROADWAY STREETVARIABLE WIDTH RIGHT-OF-WAYMcKINLEY STREETVARIABLE WIDTHRIGHT-OF-WAYLOT 2BLOCK ASILO PARK ADDITIONVOLUME 2020, PAGE 67P.R.C.C.T.LOT 1LOT 2BLOCK 1BRYANT'S ADDITIONVOLUME 116, PAGE 162D.R.C.C.T.LOT 23LOT 22LOT 21BLOCK 1BRYANT'S ADDITIONVOLUME 116, PAGE 162D.R.C.C.T.LOT 1LOT 2BLOCK 3BRYANT'S ADDITIONVOLUME 116, PAGE 162D.R.C.C.T.LOT 3LOT 1G, BLOCK 27RAILROAD ADDITIONVOLUME 2017, PAGE 568P.R.C.C.T.SARAH NELL MORRIS TEMPLINVOLUME 5132, PAGE 4351O.P.R.C.C.T.LOT 2, BLOCK APRECISION ADDITIONCABINET I, PAGE 132P.R.C.C.T.LOT 1, BLOCK APRECISION ADDITIONCABINET I, PAGE 132P.R.C.C.T.LOT 1RBLOCK ASILO PARK ADDITIONVOLUME 2020, PAGE 67P.R.C.C.T.TBM X-CUTELEV.=655.10TBM X-CUTELEV.=654.18W. FIFTH STREETVARIABLE WIDTH RIGHT-OF-WAY20' ALLEY(VOL. 116, PG. 162D.R.C.C.T.)654654654655 65 6 6 5 7 658659654 653 654654658CROCKETT STREET (UNIMPROVED) 30' RIGHT-OF-WAY (VOL. 116, PG. 162 - D.R.C.C.T.)EX. BLDG1,500 SFS CROCKETT STREET EX PHASE 1BUILDING8'19.12'10.91'10.89'69.86'EX TRASH ENCLOSURE10.34'9'TYP20' 18'16.98'15'69.85' 8'10.34'R3'R 3 '16'2247778STEPPEDFFEEXCURBINLETEX SSMHEX SSMHEX FENCEEX FH7.85' 73'163'87.49'79.92'17.5'34R3 0 '10'4'18.25' 18.25' 17.5'9'9'9'9'R3'R3 ' 13'15'53.62'56R30'R2'R30'R30'417.5'R30'R 3 0 ' 6.24' 5' LS SE T B A C K PROP 5' SSEASEMENT137.41' NO CURB18.48'17.97'19.43'23.98'136.25'162.22'9'9'18.25'17.5'18.25'R2'9'9'18.25'18.24'56220'9'TYP41212ZONING: DTR (PD-84)LAND USE: FOOD TRUCK PARKZONING: DTRLAND USE: ROOFING CONTRACTORZONING: DTRLAND USE: CARPET TECHZONING: DTRLAND USE: INDUSTRIALZONING: DTR-CLAND USE: VACANTZONING: DTRLAND USE: VACANTZONING: DTR-CLAND USE: RESIDENTIAL27.79'PROP PATIO19.12'8'82.28'72.48'71.92'70.46'11.7'8'444EX FHFDC(BLDG 2)FDC(EX BLDG)FDC(BLDG 1)R3'R3'R3'R3'R3'R3'R3'R3'PROP RET WALLW/ HANDRAIL PERDESIGN BUILDEX FHEX FH12R3'5'5.51'5'5'R20.49'LEGENDPROPOSED CONCRETE SIDEWALKPARKING COUNTSITE PLANSP-1DATENo.REVISION BYDATE:SHEETFile No.06/01/2021CHECKED:ASDDRAWN:RDSDESIGN:ASDBGREA BROADWAY RETAIL PHASE II 360 & 370 W BROADWAY STREET PROSPER, TEXAS 1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572 COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #141992021-056PRELIMINARYCLAYMOORE ENGINEERING0GRAPHIC SCALE1 inch = ft.3030603015COUNTYSURVEY:ABSTRACT NO.COLLIN COUNTY SCHOOL147CITY:STATE:TOWN OF PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/ENGINEER:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572BROWN & GRIFFIN REAL ESTATE ADVISORS, LP1061 N. COLEMAN STPROSPER, TX 75078PH: CASE #:CONTACT NAME: LUKE BROWNCONTACT NAME: MATT MOORECOLLINLOT 2, OF BLOCK A, LOTS 1R & 2 OF SILO PARKADDITION, AN ADDITION TO THE TOWN OF PROSPER, COLLINCOUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDEDIN VOLUME 2020, PAGE 67, PLAT RECORDS, COLLIN COUNTY, TEXAS.SURVEYOREAGLE SURVEYING, LLC210 SOUTH ELM STREET, SUITE 104DENTON, TX 76201PH: 940.222.3009CONTACT NAME: DAN RICKTOWN OF PROSPER SITE PLAN NOTES:1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED PER THE ZONINGORDINANCE.2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED PER THE ZONINGORDINANCE.3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDSCONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE.4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THEZONING ORDINANCE.6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIREDEPARTMENT.7.OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FORALL NEW CONSTRUCTION, OR EXISTING CONSTRUCTION COMPLYING WITH THEINTERNATIONAL BUILDING CODE, FOR RENOVATIONS TO EXISTING BUILDINGS,TENANT SPACES, CHANGES IN OCCUPANCY, REPLACEMENT OR MODIFICATION OFTHE EXISTING FIRE ALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODEOFFICIAL, FOR ALL BUILDINGS OR SPACES PROVIDED WITH AN APPROVEDAUTOMATIC SPRINKLER SYSTEM.8.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS ORAS DIRECTED BY THE FIRE DEPARTMENT.9.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALLTIMES.10.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.11.FIRE LANES SHALL BE PROVIDED WITHIN 150 FEET OF ALL EXTERIOR WALLS OFANY BUILDING FOR HOSE LAY REQUIREMENTS. AMENDMENT 503.1.112.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.113.BUILDINGS MORE THAN 30 FEET IN HEIGHT ARE REQUIRED TO HAVE A MINIMUM OFA 26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTINGOPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT WIDE FIRE LANES SHALL BELOCATED A MINIMUM OF 15 FEET FROM THE BUILDING AND NO MORE THAN 30FEET. APPENDIX D10514.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF30 FEET. AMENDMENT 503.2.415.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF30 FEET. AMENDMENT 503.2.416.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS.17.FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS.AMENDMENT 507.5.118.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALLINTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET(300') FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). DISTANCES BETWEENHYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BYA FIRE APPARATUS FROM HYDRANT–TO-HYDRANT, NOT AS THE "CROWFLIES." AMENDMENT 507.5.119.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALLBE LOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRELANE. 5” STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKINGCAP. AMENDMENT 507.5.120.FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACK FROM THECURB OR FIRE LANE AND SHALL NOT BE LOCATED IN THE BULB OF A CUL-DE-SAC.AMENDMENT 507.5.121.THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACHPROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OFONE FIRE HYDRANT SHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.122.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND ABUILDING FOR ADEQUATE FIRE DEPARTMENT ABOVE. A CONTINUOUS ROW OFPARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT503.1.123.THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDREDFEET (600') AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREETTO THE CENTER POINT OF THE RADIUS. AMENDMENT 503.1.524.ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIREPROTECTION SYSTEMS PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALLONE-AND TWO-FAMILY DWELLINGS WITH A CONDITIONED FLOOR AREA OF 5,500SQUARE FEET (511 M2) OR GREATER, DWELLINGS THREE (3) STORIES ORGREATER, OR DWELLINGS WITH ROOF HEIGHTS EXCEEDING THIRTY-FIVE FEET(35') FROM GRADE. IRC-2015 AMENDMENT R313.225.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORMTO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTSOF THE CURRENT, ADOPTED BUILDING CODE.26.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.27.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN ANDARE SUBJECT TO BUILDING OFFICIAL APPROVAL.28.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIALAPPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN.29.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARESAND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS ANDBARRIER-FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWNSTANDARDS.30.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS AREAPPROVED BY THE ENGINEERING SERVICES DEPARTMENT.31.SITE PLAN APPROVAL IS REQUIRED BEFORE THE GRADING RELEASE.32.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATEDUNDERGROUND.33.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW PER THEZONING ORDINANCE.34.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OFEASEMENT.35.IMPACT FEES WILL BE ASSESSED PER THE LAND USE CLASSIFICATION(S)IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THEPROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAYRESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS.36.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR EIGHTEEN (18) MONTHSFROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THEEND OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THEAPPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERINGPLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL,TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL ANDVOID.CONSTRUCTION SCHEDULE4" PARKING STALL STRIPING COLOR: WHITE (TYP)CURB & GUTTERPROPOSED PEDESTRIAN RAMPHANDICAP SYMBOLPAVEMENT STRIPINGPROPOSED SIDEWALKPROPOSED TRASH ECLOSUREPROPOSED SERVICE RAMP23456789GENERAL SITE PLAN NOTES:1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESSOTHERWISE NOTED.2.REFER TO ARCHITECTURAL PLANS FOR BUILDINGDIMENSIONS AND EXACT DOOR LOCATIONS.3.REFER TO ARCHITECTURAL PLANS FOR FENCE AND GATEDETAILS.BENCHMARKS:NO. 1"X-CUT" AT THE CENTER OF CURB RETURN ON THE NORTHEASTCORNER OF E BROADWAY STREET AND MCKINLEY STREET.ELEV: 654.18'NO. 2"X-CUT AT THE CENTER OF THE EAST CURB RETURN LOCATEDON THE SOUTH SIDE OF E BROADWAY STREET APPROXIMATELY230' EAST OF THE INTERSECTION OF E BROADWAY STREET ANDMCKINLEY STREETELEV: 655.10'VICINITY MAPN.T.S.SITEMETER TABLEDOMESTIC METER12D22-0069Page 54Item 9. Lot 8, Block A Westside Addition Doc. No. 2020-55 PRDCT Lot 14, Block A Westside Addition Doc. No. 2020-55 PRDCT Zoning: PD-94 Existing Use: Vacant Lot 9, Block A Westside Addition Doc. No. 2020-55 PRDCT Zoning: PD-94 Existing Use: Vacant Lot 17, Block A Westside Addition Doc. No. 2020-55 PRDCT Zoning: PD-94 Existing Use: Vacant Lot 17, Block A Westside Addition Doc. No. 2020-55 PRDCT Zoning: PD-94 Existing Use: Vacant Lot 10, Block A Westside Addition Doc. No. 2020-55 PRDCT Zoning: PD-94 Existing Use: Vacant SITE PLAN WESTSIDE ADDITION Lot 15 & 16 Block A IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS J. HAYNES SURVEY ABSTRACT NO. 573 175,511 Sq. Ft./4.029 Acres S N W E Vicinity Map TOWN CASE NO. D22-0086 Page 55 Item 9. FH UPUP SSSS EX BUILDING (7-11 FUEL STATION)719718 717716715716717718719 720 721 722 723 724 725 722 7240 724 722721720719718717 716 715714 FH FH LOT 3, BLOCK A VICTORY AT FRONTIER LLC DOC. NO. 20161122001590950 D.R.C.C.T. ZONING: PD-10 LAND USE: UNDEVELOPED N1°24'24"E167.98'N89°26'11"E 83.18' S88°35'36"E S0°15'13"W 26.31' LOT 5, BLOCK A Victory At Frontier LLC VOL. 2018, PG. 699 P.R.C.C.T. 1.198 ACRES ZONING: PD-10 LAND USE: RESTAURANT LOT 7, BLOCK A VICTORY AT FRONTIER LLC VOL. 2018, PG 699 P.R.C.C.T. ZONING: PD-10 LAND USE: RETAIL/RESTAURANT N0°34'18"W292.44'S89°48'44"W 114.33'S89°25'42"W 63.04' N89°25'42"E 228.84'S77°2 0 ' 0 3 " E 38.30'N0°15'13"E211.13'FRONTIER PARKWAY 120' R.O.W.FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIREL A N E FIRELANE FI R E L A N E FIREL A N E FIRELANE FIRELANE PROPOSED BUILDING 11,700 SF FFE = 723.81 FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELA N E FIRELANE FI R E L A N E FIR E L A N E FIRELA NE FH FH FH11 12 13 12 13 11 9.0' CONNECT TO EX. PAVEMENT CONNECT TO EX. PAVEMENT PROP. BFR PROP. BFR EX. SSMH EX. FH EX. SSMH EX. FH 22.9' 36.2' PATIO 300 SF 5' LANDSCAPE SETBACK 18.0'9.0' PROP. FIRE HYDRANT PROP. FDC 21.8'18.0'24.0'18.0'32.0'20.0'13.2'130.0'14.2'18.0'12.0' PATIO 300 SF 90.0'8.8'18.0'PROP. BFR18.0'9.0'18.0'9.0' PROP. BFR APPROXIMATELY 244 LF TO PRESTON RD APPROXIMATELY 382 LF TO NEXT DRIVEWAY 1 3 2 R3 0' R 1 0 ' R 20'R 6 8 ' 2' OVERHANG 10' HIKE AND BIKE TRAIL 25' LANDSCAPE AND ACCESS EASEMENT PROP. BERMS PROP. BERMS PROP. BERMS PROP. BERMS PROP. RISER ROOM PROPOSED 23'X15' 8.0' MASONRY DUMPSTER ENCLOSURE (REFER TO ARCH. PLANS FOR DETAILS) PROP. 15' DRAINAGE EASEMENT CONNECT TO EX. PAVEMENT PROP. MUTUAL ACCESS EASEMENT PROP. 24' MUTUAL ACCESS EASEMENT PROP. 10' WATER EASEMENT EX. 10' WATER EASEMENT PROP. 10' WATER EASEMENT PROP. TRANSFORMER PAD PROP. WATER EASEMENT PROP. WATER EASEMENT 9.5' PROP. WATER AND SEWER EASEMENT 22.7'5.4'6 OFFSITE PARKING DEDICATED TO LOT 7 LEGEND C3.0 FILENAME: C3.0 SITE PLAN_.dwgPLOTTED BY: John GardnerFULL PATH: K:\Jobs\VIC21024_Frontier Retail 4\Drawings\03 - ProductionK:\Jobs\VIC21024_Frontier Retail 4\Drawings\03 - Production\C3.0 SITE PLAN_PLOTTED DATE: 12/1/2022SITE BENCHMARKS BM NO. 1 THE SITE BENCHMARK IS AN "X" CUT FOUND ON THE TOP OF A CONCRETE CURB IN THE EAST LINE OF A CONCRETE FIRE LINE AT THE NORTH END OF THE RADIUS OF A DRIVEWAY ENTRANCE, BEING LOCATED APPROXIMATELY 250 FEET WEST OF THE INTERSECTION OF PRESTON ROAD AND FRONTIER PARKWAY, AND BEING LOCATED APPROXIMATELY 45 FEET SOUTH OF A STORM DRAIN MANHOLE IN THE CENTER OF SAID FIRE LANE. ELEVATION = 724.86' (NAVD '88) BM NO. 2 THE SITE BENCHMARK IS AN "X" CUT FOUND ON THE TOP OF A CONCRETE CURB IN THE WEST LINE OF A CONCRETE PARKING STALL ADJACENT TO THE WEST LINE OF CONCRETE FIRE LANE, BEING LOCATED APPROXIMATELY 370 FEET WEST AND 720 FEET SOUTH OF THE INTERSECTION OF PRESTON ROAD AND FRONTIER PARKWAY, AND BEING LOCATED APPROXIMATELY 15 FEET SOUTH OF THE NORTHWEST CORNER OF SAID PARKING STALL. ELEVATION = 710.39' (NAVD '88) 2911 TURTLE CREEK BLVD. STE 700 DALLAS, TX 75219 972-707-9555 SHEET:REV:DATE:DESCRIPTION:VICTORY ATFRONTIER RETAIL 4LOT 7, BLOCK ATOWN OF PROSPERCOLLIN COUNTY, TEXASKIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 TEXAS FIRM NO. 15874 JOB NUMBER: ISSUE DATE: VIC21019 E N G I N E E R I N G P R E L I M I N A R Y F O R R E V I E W O N L Y T H E S E D O C U M E N T S A R E F O R D E S I G N R E V I E W O N L Y A N D N O T I N T E N D E D F O R T H E P U R P O S E S O F C O N S T R U C T I O N , B I D D I N G O R P E R M I T . T H E Y W E R E P R E P A R E D B Y, OR UND ER T H E S UPE R VIS IO N OF : P.E.# 138295 JOHN D. GARDNER DATE: December 1, 2022 SITE PLAN CITY PROJECT NO. D22-0093 FRONTIER RETAIL 4 1.63 ACRES LOT 7, BLOCK A SURVEY ADDITION NAME (INST. NO. 20190215010000670) TOWN OF PROSPER, COLLIN, TEXAS PREPARATION DATE: 08/24/2022 OWNER/APPLICANT LUCKY 7 RETAIL 2911 TURTLE CREEK BLVD, STE 700 DALLAS, TEXAS, 75219 PH: (972) 707-9555 CONTACT: BOBBY MENDOZA LANDSCAPE ARCHITECT LONDON LANDSCAPES, LLC PO BOX 28 COLLINSVILLE, TX 76233 PH: (972) 800-0676 CONTACT: AMY LONDON ENGINEER KIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-488-4960 CONTACT: JOHN GARDNER, PE SURVEYOR BARTON CHAPA SURVEYING 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-864-1957 CONTACT: JACK BARTON, RPLS KE SITE PLAN KEY 1 PROP. METER (DOMESTIC) 2 PROP. DCDC (FIRE SERVICE) 3 PROP. METER (IRRIGATION) SITE PLAN NOTE TO CONTRACTOR THE CONTRACTOR SHALL FIELD VERIFY THE LOCATION AND DEPTH OF ALL EXISTING UTILITIES (WHETHER SHOWN ON PLANS OR NOT) PRIOR TO COMMENCING CONSTRUCTION. IF FIELD CONDITIONS DIFFER SIGNIFICANTLY FROM LOCATIONS SHOWN ON THE PLANS, THE CONTRACTOR SHALL CONTACT THE PROJECT ENGINEER PRIOR TO PROCEEDING WITH CONSTRUCTION. GRAPHIC SCALE FEET04020 SCALE: 1" = 20' LAYOUT & DIMENSIONAL CONTROL NOTES: 1.BOUNDARY LINES AND EASEMENT: REFER TO THE FINAL PLAT TO VERIFY PROPERTY LINES AND EXISTING EASEMENT LOCATIONS. 2.DIMENSION CONTROL: UNLESS NOTED OTHERWISE, ALL PAVING DIMENSIONS SHOWN ARE TO FACE OF CURB. 3.CURB RADII: UNLESS NOTED OTHERWISE, ALL CURB RADII SHALL BE 3' AT FACE OF CURB. 4.BUILDING DIMENSIONS: REFERENCE ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS. 5.CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND COORDINATES PRIOR TO CONSTRUCTION. 6.ALL COORDINATES ARE U.S. SURVEY FEET, NAD '83 SURFACE. 7.REFER TO SHEET(S) C10.0 FOR SITE DETAILS. Know what's below. before you dig.Call R PROPOSED SIGN FIRE LANE STRIPING PROPOSED FIRE HYDRANT PROPOSED SANITARY MANHOLE PROPOSED CURB INLET PROPOSED GRATE INLET ACCESSIBLE ROUTE PARKING COUNT PROPOSED RETAINING WALL PROPOSED FDC PROPERTY BOUNDARY EXISTING CONCRETE FIRE LANE CONCRETE BY OTHERS PROPOSED BERMS FH FIRELANE 10 SS PARKING DATA TABLE EXISTING ZONING PD-10 LOT AREA (SF) /( ACRES)71,060 SF / 1.63 ACRES TOTAL BUILDING AREA (SF)11,700 SF 600 SF PATIO AREA DISTRIBUTION RESTAURANT - 4,100 SF (35%) RETAIL - 7,600 SF (65%) BUILDING HEIGHT 25'-0" (1 STORY) MAXIMUM FAR (4:1)13.6% / 0.136:1 PARKING REQUIREMENTS 1 PER 250 SF (RETAIL) 1 PER 100 SF (RESTAURANT) TOTAL PARKING SPACES REQUIRED 78 TOTAL PARKING SPACES PROVIDED 78 REQUIRED ADA PARKING 4 PROVIDED ADA PARKING 4 VICINITY MAP N.T.S.N PRESTON RDFRONTIER PKWY N COLEMAN ST SUBJECT SITE NOTE TO CONTRACTOR REFER TO GENERAL NOTES PAGE C0.1 NOTE TO CONTRACTOR NO EXISTING TREES ARE ON THIS SITE. SITE PLAN NOTES 1)DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED PER THE ZONING ORDINANCE. 2)OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED PER THE ZONING ORDINANCE. 3)OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4)LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5)ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6)BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7)OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FOR ALL NEW CONSTRUCTION, OR EXISTING CONSTRUCTION COMPLYING WITH THE INTERNATIONAL BUILDING CODE, FOR RENOVATIONS TO EXISTING BUILDINGS, TENANT SPACES, CHANGES IN OCCUPANCY, REPLACEMENT OR MODIFICATION OF THE EXISTING FIRE ALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODE OFFICIAL, FOR ALL BUILDINGS OR SPACES PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM. 8)FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 9)TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 10)SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 11)FIRE LANES SHALL BE PROVIDED WITHIN 150 FEET OF ALL EXTERIOR WALLS OF ANY BUILDING FOR HOSE LAY REQUIREMENTS. AMENDMENT 503.1.1 12)THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.1 13)BUILDINGS MORE THAN 30 FEET IN HEIGHT ARE REQUIRED TO HAVE A MINIMUM OF A 26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTING OPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT WIDE FIRE LANES SHALL BE LOCATED A MINIMUM OF 15 FEET FROM THE BUILDING AND NO MORE THAN 30 FEET. APPENDIX D105 14)THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 15)THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 16)DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS. 17)FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS. AMENDMENT 507.5.1 18)AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET (300') FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). DISTANCES BETWEEN HYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BY A FIRE APPARATUS FROM HYDRANT-TO-HYDRANT, NOT AS THE "CROW FLIES." AMENDMENT 507.5.1 19)FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BE LOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRE LANE. 5” STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKING CAP. AMENDMENT 507.5.1 20)FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACK FROM THE CURB OR FIRE LANE AND SHALL NOT BE LOCATED IN THE BULB OF A CUL-DE-SAC. AMENDMENT 507.5.1 21)THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIRE HYDRANT SHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.1 22)A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDING FOR ADEQUATE FIRE DEPARTMENT ACCESS. A CONTINUOUS ROW OF PARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT 503.1.1 23)THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET (600') AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREET TO THE CENTER POINT OF THE RADIUS. AMENDMENT 503.1.5 24)ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIRE PROTECTION SYSTEMS PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALL ONE-AND TWO-FAMILY DWELLINGS WITH A CONDITIONED FLOOR AREA OF 5,500 SQUARE FEET (511 M2) OR GREATER, DWELLINGS THREE (3) STORIES OR GREATER, OR DWELLINGS WITH ROOF HEIGHTS EXCEEDING THIRTY-FIVE FEET (35') FROM GRADE. IRC-2015 AMENDMENT R313.2 25)HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 26)ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 27)ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 28)ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 29)SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS AND BARRIER-FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 30)APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING SERVICES DEPARTMENT. 31)SITE PLAN APPROVAL IS REQUIRED BEFORE THE GRADING RELEASE. 32)ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 33)ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW PER THE ZONING ORDINANCE. 34)ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 35)IMPACT FEES WILL BE ASSESSED PER THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 36)THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. Page 56 Item 9. -5"PROPOSED BUILDINGMEDICAL OFFICE11,230 S.F.26'-00" HEIGHT1 STORY BUILDINGFF=722.00PROPOSED BUILDING9,650 SFFFE = 723.81FHFHOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHU OHU 0030'60'GRAPHIC SCALE - 1"=30'N.T.S.VICINITY MAPC0.01SITE PLAN SSWGASSITE DATA SUMMARY TABLEWATER METER SCHEDULE SITE PLANLEGACY / INTUITIVE HEALTHLOT 6, BLOCK AVICTORY AT FRONTIER1.277 AC. (55,628 S.F.)SPENCER RICE SURVEY, ABSTRACT No. 787TOWN OF PROSPER, COLLIN COUNTY, TEXASTOWN OF PROSPER PROJECT # D22-0096NOVEMBER 30, 2022APPLICANT / ENGINEERHART, GAUGLER & ASSOCIATES, INC.12801 N. CENTRAL EXPWY. SUITE 1400DALLAS, TEXAS 75243972-239-5111 / 972-239-5055 (FAX)TEXAS REGISTERED ENGINEERING FIRM #F-5053JOHN D. BLACKERJBLACKER@HARTGAUGLER.COMScale: Designed by: Drawn by: Checked by: Date: Project No. LEGACY / INTUITIVE HEALTH LOT 6, BLOCK A VICTORY AT FRONTIER ADDITION SPENCER RICE SURVEY ABSTRACT No. 787 TOWN OF PROSPER, COLLIN COUNTY, TEXAS PLOTTED BY RUTH RANGEL 12/1/2022 7:17 AMDWG NAME F:\2022\222066 - INTUITIVE HEALTH PROSPER\DWG\PLAN SET\C0.01-SITE.DWGLAST SAVED 11/30/2022 5:04 PMIMAGES 2022-10-17 - 2022-11-01 - 2022-11-22 - 2022-11-30 - Scan2022-10-03_000417 - 3022028ProsperTXFSED100_R20_MLSmith6RPGN-E4H-Logo-Ttlblk-Color-18012598 - 3022028ProsperTXFSED100_R20_MLSmith6RPGN-LEGACY_ER-20436636 -XREFS XREF x2436 - XREF x3042 - XREF xUtil - XREF xDsgn - XREF xSite - XREF 3022028 Prosper TX FSED100_Floor Plan - Notes - XREF VIC21024_X SITE - XREF xStrm - XREF xTopo AS SHOWN HGA HGA JDB NOVEMBER, 2022 222066SHEET No.Date App.Revisions HART GAUGLER + ASSOCIATES Structural + Civil Engineering Services 12801 N. Central Expwy. Suite 1400 Dallas, Texas 75243 972.239.5111 / 972.239.5055 fax www.hartgaugler.com Texas Registered Engineering Firm #F-5053–” ARCHITECTe4h ARCHITECTURE1217 8TH AVENUE, SUITE 301FT WORTH, TEXAS 76104PHONE (817) 226-1917CONTACT: JARED NANCE, AIA JNANCE@e4hARCHITECTURE.COMSURVEYORPEISER & MANKIN SURVEYING, LLC1604 HART STREETSOUTHLAKE, TEXAS 76092PHONE 817-481-1806 TIM MANKINTMANKIN@PEISERSURVEYING.COMSITEOWNERANCHOR PROSPER OWNER, LLC.425 SEVENTH STREET NECHARLOTTESVILLE, VA 22902PHONE (434) 409-0070CONTACT: JON NELSONEMAIL:STRIVETTE@ANCHORHEALTHPROPERTIES.COMPage 57Item 9. LOT 1, BLOCK A C.O.C. METRO ADDITION DOC. NO. 2019-483 O.P.R.D.C.T. FISHTRAP ROAD (VARIABLE WIDTH RIGHT-OF-WAY) R.O.W. DEDICATION 0.805 ACRE DOC. NO. 2015-242, O.P.R.D.C.T. FIRELANE, ACCESS, & UTILITY EASEMENT DOC. NO. 2019-336 O.P.R.D.C.T.36' DRAINAGE EASEMENTDOC. NO. 2019-336O.P.R.D.C.T.12' DRAINAGE EASEMENT DOC. NO. 2019-336 O.P.R.D.C.T. 15' SANITARY SEWER EASEMENT DOC. NO. 2019-336 O.P.R.D.C.T. PROSPER SCHOOL CHURCH ADDITION MAV ADDITION DOC. NO. 2019-483 O.P.R.D.C.T. MAV ADDITION DOC. NO. 2019-483 O.P.R.D.C.T. N 88°53'35" E 406.40' S 01°05'33" E 17.22'N 00°37'56" E 789.34'EX. FH 12"W12EX. 12" WATEREX. 12" WATEREX. 12' WATER EX. FH EX. FH EX. FH EX. 8" SSEX. 12' WATER APPROXIMATE LOCATION OF 100 YR FLOODPLAIN PER FEMA MAP 48121C0430G 4/18/11 AC AC AC AC AC AC AC AC AC AC AC AC AC AC RESERVED PARKING SIGN DO NOT ENTER SIGN HANDICAP SIGN EX. FH HANDICAP SIGN SANITARY SEWER SIGN SANITARY SEWER SIGNEXISTING MODULARBUILDINGEXISTING MODULARBUILDING25' LANDSCAPE & ACCESS EASEMENT 5' LANDSCAPE SETBACKEXISTING PARKING AREA EXISTING CHURCH BUILDING 24,600 S.F. NEW MODULAR BUILDING 24.00' 24.00' 24.00' 4.00' 214.95'120.12'239.33'293.31' 9X20 PARKING STALLS (TYP) EXISTING PARKING LOT 144 SPACES24.00' EX. 2 HC SPACES FIRELANEFIRELANE 26.00'24.00'40.00'24.00'10x40 LANDSCAPE ISLAND (TYP) 10X20 LANDSCAPE ISLAND (TYP) 9X20 PARKING STALLS (TYP)20.00'20.00'24.00'FIRELANEFIRELANE FIRELANEFIRELANEPROPOSED PARKING LOT 118 SPACES EX. 2 HC SPACES EX. 2 HC SPACES 45.00'81.00'81.00'45.00' 81.00'81.00'81.00' 24.00' 5.00' PROPOSED 5' CONCRETE SIDEWALKS 15x40 LANDSCAPE ISLAND EX FIRE HYDRANT EX FIRE HYDRANT EX FIRE HYDRANT EX FIRE HYDRANT 15' SANITARY SEWER ESMT. BY SEPARATE INSTRUMENT N 88°53'19" E 66.57' N 88°53'07" E 352.48'N 01°06'57" W 186.48'N 01°06'25" W 217.60'PROP. SIDEWALK EX. SIDEWALK PROP. 2 HC SPACES FUTURE DUMPSTER LOCATION PER APPROVED PRELIMINARY SITE PLAN EXISTING DUMPSTER ENCLOSURE EXISTING DRAINAGE EASEMENT TO BE ABANDONED BY SEPARATE INSTRUMENT PROPOSED 20' DRAINAGE EASEMENT BY SEPARATE INSTRUMENT PROPOSED 20' DRAINAGE EASEMENTBY SEPARATE INSTRUMENTrevisionno.dateby teague nall and perkins, inc 825 Watters Creek Blvd., Suite M300 Allen, Texas 75013 214.461.9867 ph 214.461.9864 fx www.tnpinc.com TBPELS:ENGR F-230; SURV 10011600, 10011601, 10194381 GBPE:PEF007431; TBAE: BR 2673 NOV 2022 scale horiz vert when bar is 1 inch long GOF22305 ROCK CREEK CHURCH - PARKING LOT ADDITION TOWN OF PROSPER, TEXAS Improvements for 24 of sheet tnp project Drawing: T:\Projects\GOF22305\Eng-C3D\CAD\Sheets\GOF22305 - SITE PLAN.dwg at Nov 30, 2022-2:42pm by cslownNOT FOR CONSTRUCTION N/A ROCK CREEK CHURCH 2860 FISHTRAP RD PROSPER, TX. 75078 (469)815-525311/30/2022 SITE PLAN NOTES Any revision to this plan will require town approval and will require revisions to any corresponding plans to avoid conflicts between plans. 1.Dumpsters and trash compactors shall be screened per the Zoning Ordinance. 2.Open storage, where permitted, shall be screened per the Zoning Ordinance. 3.Outdoor lighting shall comply with the lighting and glare standards contained within the Zoning Ordinance and Subdivision Ordinance. 4.Landscaping shall conform to landscape plans approved by the Town. 5.All elevations shall comply with the standards contained within the Zoning Ordinance. 6.Buildings of 5,000 square feet or greater shall be 100% fire sprinkled. Alternative fire protection measures may be approved by the Fire Department. 7.Occupant notification per this section and 907.5 shall be required for all new construction, or existing construction complying with the International Building Code, for renovations to existing buildings, tenant spaces, changes in occupancy, replacement or modification of the existing fire alarm system, or as required by the Fire Code Official, for all buildings or spaces provided with an approved automatic sprinkler system. 8.Fire lanes shall be designed and constructed per Town Standards or as directed by the Fire Department. 9.Two points of access shall be maintained for the property at all times. 10.Speed bumps/humps are not permitted within a fire lane. 11.Fire lanes shall be provided within 150 feet of all exterior walls of any building for hose lay requirements. Amendment 503.1.1 12.The fire lane shall be a minimum of 24 feet wide. Amendment 503.2.1 13.Buildings more that 30 feet in height are required to have a minimum of a 26-foot wide fire lane in the immediate vicinity for firefighting operations of the building. One of the 26-foot wide fire lanes shall be located a minimum of 15 feet from the building and no more that 30 feet. Appendix D105 14.The inside turning radius of the 24-foot fire lane shall be a minimum of 30 feet. Amendment 503.2.4 15.The inside turning radius of the 26-foot fire lane shall be a minimum of 30 feet. Amendment 503.2.4 16.Dead-end fire lanes are only permitted with approved hammerheads. 17.Fire hydrants shall be provided at the entrances and intersections. Landscape around the Fire Hydrant shall be no higher than 12 inches at the mature height. Amendment 507.5.1 18.As properties develop, fire hydrants shall be located at all intersecting streets and the maximum spacing shall be every 300 feet (30') for all developments, and facilities other R3. R-3 developments shall be every 500 feet (500'). Distances between hydrants shall be measured along the route that fire hose is laid by a fire apparatus from hydrant-to-hydrant, not as the "crow flies." Amendment 507.5.1 19.Fire department connection (FDC) for the fire sprinkler system shall be located within 50 feet of a fire hydrant and 50 feet of a fire lane. 5" Storz, 30-degree downward turn with locking cap. Amendment 507.5.1 20.Fire hydrants shall be located 2 foot (2') to 6 foot (6') back from the curb or fire land and shall not be located in the bulb of a cul-de-sac. Amendment 507.5.1 21.There shall be a minimum of two (2) fire hydrants serving each property within the prescribed distances listed above. A minimum of one fire hydrant shall be located on each lot. Amendment 507.5.1 22.A minimum 10-foot unobstructed width shall be provided around a building for adequate Fire Department access. A continuous row of parking and landscaping shall be considered a barrier. Amendment 503.1.1 23.The maximum dead- end cul-de-sac length shall not exceed six hundred feet (600') as measured from the centerline of the intersection street to the center point of the radius. Amendment 503.1.5 24.One-and two-family dwellings automatic fire systems. Automatic fire protection systems per NFPA 13D or NFPA 13R shall be provided in all one-and two-family dwellings with a conditioned floor area of 5,500 square feet (511 m2) or greater, dwellings three (3) stories or greater, or dwellings with roof heights exceeding thirty-five feet (35') from grade. IRC-2015 Amendment R313.2 25.Handicapped parking area and building accessibility shall conform to the Americans with Disabilities Act (ADA) and with the requirements of the current, adopted building code. 26.All signage is subject to Building Official approval. 27.All fences and retuning walls shall be shown on the Site Planned are subject to Building official approval. 28.All exterior building materials are subject to Building Official approval and shall conform to the approved facade plan. 29.Sidewalks of not less than six (6) feet in width along thoroughfares and collectors and five (5) feet in width along residential streets and barrier-free ramps at all curb crossings shall be provided per Town Standards. 30.Approval of the Site Plan is not final until all engineering plans are approved by the Engineering Services Departments. 31.Site Plan Approval is required before the grading release. 32.All new electrical lines shall be installed and/or relocated underground. 33.All mechanical equipment shall be screened from public view per the Zoning ordinance. 34.All landscape easements must be exclusive of any other type of easement. 35.Impact fees will be assessed per the land use classification(s) identified on the Site Data Summary Table; however, changes to the proposed land use at the time of CO and/or finish-out permit may result in additional impact fees and/or parking requirements. 36.The approval of a Site Plan shall be effective for a period of 18 months from the date that the Preliminary site Plan is approved by the Planning & Zoning Commission, at the end of which time the applicant must have submitted and received the approval of a Site Plan by the Planning & Zoning Commission. If a site plan is not approved within such 18 month period, the Preliminary Site Plan approval is null and void. If Site Plan approval is only for a portion of the property, the approval of the Preliminary Site Plan for the remaining property shall be null and void 37.The Town currently contracts with CWD for waste disposal services. They may be contacted at 972-392-9300 38.7% of net lot area is required to be provided as open space. The following shall not included: vehicular paving , required parking lot landscape islands, building footprint, utility yards, required landscape setbacks, sidewalks, and detention ponds. 0 4040 SCALE IN FEET 1" = 40' 20 1"=40' N/A LEGEND VICINITY MAP NOT TO SCALE NORTH FRISCO PROSPER 380 COUNTYLINEROADDALLAS NORTH TOLLWAYFISHTRAP 1ST TEEL PKWYLEGACYPR A I R I E SITE HARPER RD. TOWN PROJECT NUMBER: D22-0100 PHASE 2 SITE PLAN 06 SITE INFORMATION LAND AREA: CURRENT ZONING: EXISTING USE: PROPOSED USE: BUILDING AREA: BUILDING HEIGHT: LOT COVERAGE: BUILDING REQUIRED PARKING: BUILDING PARKING PROVIDED: INTERIOR LANDSCAPE AREA REQUIRED: INTERIOR LANDSCAPE AREA PROVIDED 14.9 AC (650,600 S.F.) AGRICULTURAL CHURCH CHURCH ± 24,600 S.F. 24'-11" 24,600 = .037 -> 4% 1/3 AUDITORIUM SEATS = 477 SEATS/3 =159 262 7% OF TOTAL SITE = 45,542 S.F. (1.05 AC.) 91,047.17 S.F. (2.09 AC.) = 14% OF TOTAL SITE HANDICAP PARKING REQUIRED, INCLUDING VAN ACCESSIBLE 7 HANDICAP PARKING PROVIDED, INCLUDING VAN ACCESSIBLE8 FLOOR AREA RATIO 24,600 = .037 -> 4% SQUARE FOOTAGE OF IMPERVIOUS SURFACE 152,860 S.F. OPEN SPACE 307,830 S.F. Page 58 Item 9. UPPROSPER TRAILSTMHTPWMFHGPPGPP30" RCP30" RCP EM0020'40'GRAPHIC SCALE - 1"=20'C0.01SITE PLAN SSWGAS SITE PLANFIRE STATION NUMBER 4 ADDITIONLOT 1, BLOCK A2.68 AC. (116,738 S.F.)LARKIN McCARTY SURVEY, ABSTRACT No. 600TOWN OF PROSPER, COLLIN COUNTY, TEXASTOWN OF PROSPER PROJECT D22-0101Scale: Designed by: Drawn by: Checked by: Date: Project No. PLOTTED BY RUTH RANGEL 11/30/2022 2:08 PMDWG NAME F:\2021\221260 - PROSPER #4\DWG\PLAN SET\C0.01-SITE.DWGLAST SAVED 11/30/2022 2:08 PMIMAGES 2022-11-07 - 2022-11-22 - 2022-11-29 - 2022-11-17 - 220221_ProsperFireStationNo-4_CentralFile_rlawrence2QCRP-AddressBRWLogo_Dallas_LeftAlign_nobackground-2092964 - 220221_ProsperFireStationNo-4_CentralFile_rlawrence2QCRP-TownofProsper-2092990 -XREFS XREF x2436 - XREF x3042 - XREF xDsgn - XREF xSite - XREF xStrm - XREF xUtil - XREF xUtil-Exst - XREF 2021-0143 - XREF A1-1 Floor Plan - XREF A1-1 Fitness Floor Plan - XREF MEP1-1 SHEETNo.Date App.Revisions HART GAUGLER + ASSOCIATES Structural + Civil Engineering Services 12801 N. Central Expwy. Suite 1400 Dallas, Texas 75243 972.239.5111 / 972.239.5055 fax www.hartgaugler.com Texas Registered Engineering Firm #F-5053 AS SHOWN HGA HGA JDB NOVEMBER, 2022 221260 TOWN OF PROSPER FIRE STATION NO. 4 LOT 1, BLOCK A FIRE STATION NUMBER 4 ADDITION LARKIN McCARTY SURVEY ABSTRACT No. 600 TOWN OF PROSPER, COLLIN COUNTY, TEXASOWNERTOWN OF PROSPER250 W. FIRST STPROSPER, TEXAS 75078972-246-2640BRYAN AUSENBAUGHBAUSENBAUGH@PROSPERTX.GOVARCHITECTBROWN REYNOLDS WATFORD ARCHITECTS3535 TRAVIS STREET, SUITE 250DALLAS, TEXAS 75204PHONE (214) 528-8704CONTACT: CAROL ANN T. KESLER, AIA CKESLER@BRWARCH.COMENGINEERHART, GAUGLER & ASSOCIATES, INC.12801 N. CENTRAL EXPWY. SUITE 1400DALLAS, TEXAS 75243972-239-5111 / 972-239-5055 (FAX)TEXAS REGISTERED ENGINEERING FIRM #F-5053JOHN D. BLACKERJBLACKER@HARTGAUGLER.COMRUTH RANGELRRANGEL@HARTGAUGLER.COMSURVEYORNORTH TEXAS SURVEYING, LLC1010 W. UNIVERSITY DR.MCKINNEY, TEXAS 75069PHONE (214) 504-0933FAX (214) 504-0938CONTACT: MICHAEL ARTHURMARTHUR@NORTHTEXASSURVEYING.COMWATER METER SCHEDULESITE DATA SUMMARY TABLEN.T.S.VICINITY MAPSITENOVEMBER 29, 2022–” PARKING TABLE BY USEPage 59Item 9. Page 1 of 1 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Ron Patterson, Interim Town Manager Re: GMP Fire Station No. 4 Town Council Meeting – January 10, 2023 Agenda Item: Receive an update regarding the Guaranteed Maximum Price (GMP) for the Fire Station No. 4 project. Description of Agenda Item: The GMP bids for the construction of Fire Station No.4 were received in December. Staff has worked with Pogue Construction and Brown Reynolds Watford Architects (BRW) Inc. to identify value engineering cost savings and the GMP has been finalized for the project. Attached Documents: 1. GMP Summary 2. Budget Summary Town Staff Recommendation: Town Staff is requesting the Town Council provide feedback and direction on the proposed Guaranteed Maximum Price (GMP) for the Fire Station No.4 Project. Prosper is a place where everyone matters. FIRE DEPARTMENT Page 60 Item 10. GMP TOWN OF PROSPERTOWN OF PROSPER Fire Station #4 December 29, 2022 Page 61 Item 10. TENTS POGUE CONSTRUCTION CO., LP TABLE OF CONTENTS 1. Executive Summary 2. GMP Pricing Summary 3. Subcontractor Bid Tab 4. Qualifications and Clarifications 5. Construction Schedule TOWN OF PROSPER - FIRE STATION #4 GMP DECEMBER 29, 2022 Page 62 Item 10. Page 63 Item 10. Page 64 Item 10. Page 65 Item 10. Page 66 Item 10. Page 67 Item 10. Page 68 Item 10. Page 69 Item 10. Page 70 Item 10. Page 71 Item 10. Page 72 Item 10. Page 73 Item 10. Page 74 Item 10. Page 75 Item 10. IDTask NameDuration Start Finish1PROSPER FIRE STATION #4 PRELIMINARY SCHEDULE326 daysWed 2/1/23Wed 5/1/242SITE WORK270 daysWed 2/1/23Tue 2/13/243Notice to Proceed1 dayWed 2/1/23Wed 2/1/234Building Permit15 daysWed 2/1/23Tue 2/21/235Mobilization5 daysThu 2/2/23Wed 2/8/236Line Locates5 daysThu 2/9/23Wed 2/15/237Install Construction Fencing5 daysThu 2/2/23Wed 2/8/238Erosion Control5 daysWed 2/22/23Tue 2/28/239Strip Site5 daysWed 3/1/23Tue 3/7/2310Cuts & Fills12 daysWed 3/8/23Thu 3/23/2311Lay Out Building Corners5 daysFri 3/24/23Thu 3/30/2312Building Pad5 daysFri 3/31/23Thu 4/6/2313Storm Sewer 12 daysFri 3/24/23Mon 4/10/2314Domestic Water 12 daysTue 4/11/23Wed 4/26/2315Sanitary Sewer15 daysThu 4/27/23Wed 5/17/2316Install Sand & Oil Seperator5 daysThu 4/27/23Wed 5/3/2317Gas Line5 daysMon 5/15/23Fri 5/19/2318SITE ELECTRIC197 daysMon 5/15/23Tue 2/13/2419Primary / Secondary Conduits 5 daysMon 5/15/23Fri 5/19/2320Form & Pour Transformer Pad5 daysMon 5/22/23Fri 5/26/2321Set Transformer3 daysThu 6/1/23Mon 6/5/2322Install Secondary Wire to Transformer5 daysMon 10/30/23Fri 11/3/2323Install Primary Wire to Transformer5 daysMon 11/6/23Fri 11/10/2324Electrical Meter / Permanent Power3 daysMon 11/13/23Wed 11/15/2325Underground Electrical5 daysMon 5/22/23Fri 5/26/2326Drill Lt Pole Bases3 daysTue 6/27/23Thu 6/29/2327Install Light Poles3 daysFri 7/7/23Tue 7/11/2328Emg. Generator Pad5 daysMon 10/30/23Fri 11/3/2329Emg. Generator Del.0 daysTue 2/6/24Tue 2/6/2430Install and Test Emg. Generator5 daysWed 2/7/24Tue 2/13/2431PAVING43 daysThu 4/27/23Mon 6/26/2332Paving Lime Stabilize12 daysThu 4/27/23Fri 5/12/2333Pavement Bluetop10 daysMon 5/15/23Fri 5/26/2334Irrigation Sleeves5 daysTue 5/9/23Mon 5/15/2335PAVING21 daysMon 5/29/23Mon 6/26/2336FIRE LANE POUR #116 daysMon 5/29/23Mon 6/19/2337Formwork / Reinforcing5 daysMon 5/29/23Fri 6/2/2338Pre-Pour Inspection3 daysMon 6/5/23Wed 6/7/2339Concrete Placement5 daysThu 6/8/23Wed 6/14/2340Formwork Removal3 daysThu 6/15/23Mon 6/19/2341FIRE LANE POUR #216 daysMon 6/5/23Mon 6/26/2342Formwork / Reinforcing5 daysMon 6/5/23Fri 6/9/2343Pre-Pour Inspection3 daysMon 6/12/23Wed 6/14/2344Concrete Placement5 daysThu 6/15/23Wed 6/21/2345Formwork Removal3 daysThu 6/22/23Mon 6/26/2346Pour Flat Work10 daysMon 10/30/23Fri 11/10/2347Top Soil5 daysMon 11/13/23Fri 11/17/2348Fencing10 daysMon 11/20/23Fri 12/1/2349Irrigation1 wkMon 12/4/23Fri 12/8/2350Landscaping2 wksMon 12/11/23Fri 12/22/2351Signage/ Post & Panel3 daysMon 12/25/23Wed 12/27/2352Seal Paving5 daysThu 12/28/23Wed 1/3/2453Clean/Stripe Parking Lot5 daysThu 1/4/24Wed 1/10/2454BUILDING215 daysFri 4/7/23Thu 2/1/2455Drill & Pour Piers12 daysFri 4/7/23Mon 4/24/2356Grade Beams10 daysTue 4/25/23Mon 5/8/23PROSPER FIRE STATION #4 PRELIMINARY SCHEDULESITE WORKNotice to ProceedNotice to ProceedBuilding PermitBuilding PermitMobilizationLine LocatesInstall Construction FencingErosion ControlErosion ControlStrip SiteStrip SiteCuts & FillsCuts & FillsLay Out Building CornersLay Out Building CornersBuilding PadBuilding PadStorm Sewer Domestic Water Sanitary SewerInstall Sand & Oil SeperatorGas LineSITE ELECTRICPrimary / Secondary Conduits Form & Pour Transformer PadSet TransformerInstall Secondary Wire to TransformerInstall Primary Wire to TransformerElectrical Meter / Permanent PowerUnderground ElectricalDrill Lt Pole BasesInstall Light PolesEmg. Generator PadEmg. Generator Del.Install and Test Emg. GeneratorPAVINGPaving Lime StabilizePavement BluetopIrrigation SleevesPAVINGFIRE LANE POUR #1Formwork / ReinforcingPre-Pour InspectionConcrete PlacementFormwork RemovalFIRE LANE POUR #2Formwork / ReinforcingPre-Pour InspectionConcrete PlacementFormwork RemovalPour Flat WorkTop SoilFencingIrrigationLandscapingSignage/ Post & PanelSeal PavingClean/Stripe Parking LotBUILDINGDrill & Pour PiersDrill & Pour PiersGrade BeamsGrade BeamsQ4Q1Q2Q3Q4Q1Q2Q3Q4202320242025TaskTaskSplitMilestoneSummaryProject SummaryExternal TasksExternal MilestoneBaselineBaselineInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneProgressDeadlinePFS4 - Preliminary Bid ScheduleWed 11/30/22Schedule Created By: TAProject: PFS4 - Preliminary Bid SchedDate: Wed 11/30/22PRELIMINARYPage 76Item 10. IDTask NameDuration Start Finish57Wreck Forms & Backfill @ Grade Beams5 daysFri 5/12/23Thu 5/18/2358CIP Vertical Basement Walls10 daysFri 5/26/23Thu 6/8/2359Backfill CIP Vertical Basement Walls5 daysFri 6/9/23Thu 6/15/2360Underground Plumbing8 daysFri 6/16/23Tue 6/27/2361Underground Electrical8 daysFri 6/16/23Tue 6/27/2362Fine Grade Slab5 daysWed 6/28/23Tue 7/4/2363Termite Control3 daysWed 7/5/23Fri 7/7/2364Slab Set Up & Pour8 daysMon 7/10/23Wed 7/19/2365CMU (Including Storm Shelter)15 daysThu 7/20/23Wed 8/9/2366Structural Steel Delivery0 daysWed 7/19/23Wed 7/19/2367Structural Steel Erection Main Building12 daysThu 7/27/23Fri 8/11/2368Install Joists10 daysMon 8/14/23Fri 8/25/2369Install Deck10 daysMon 8/28/23Fri 9/8/2370Storm Shelter Structural Roof Steel 10 daysThu 8/10/23Wed 8/23/2371Storm Shelter Roof Set Up & Pour5 daysThu 8/24/23Wed 8/30/2372Roofing15 daysMon 9/11/23Fri 9/29/2373Roofing Dry-In5 daysMon 10/2/23Fri 10/6/2374Complete Roofing, Coping Caps, etc.5 daysMon 10/30/23Fri 11/3/2375Install Mechanical Equipment5 daysMon 10/2/23Fri 10/6/2376Exterior Frame & Sheath20 daysMon 8/14/23Fri 9/8/2377Window Frames & Storefronts10 daysMon 9/11/23Fri 9/22/2378Flashings & Damproofing10 daysMon 9/25/23Fri 10/6/2379Masonry Veneer15 daysMon 10/9/23Fri 10/27/2380Canopy Erection10 daysMon 10/30/23Fri 11/10/2381Interior Framing15 daysMon 9/11/23Fri 9/29/2382HVAC Ducts10 daysWed 9/27/23Tue 10/10/2383Fire Sprinklers10 daysWed 9/27/23Tue 10/10/2384Electrical Rough-In10 daysWed 9/27/23Tue 10/10/2385Plumbing Rough-In10 daysWed 9/27/23Tue 10/10/2386Rough-In Inspections0 daysTue 10/10/23Tue 10/10/2387Paint Exposed Structure In Apparatus Bay5 daysWed 10/11/23Tue 10/17/2388Apparatus Roll-Up Doors5 daysWed 10/18/23Tue 10/24/2389Front Apparatus Bi-Fold Doors5 daysWed 10/25/23Tue 10/31/2390CO2 EVAC System5 daysWed 11/1/23Tue 11/7/2391Fire Alarm Rough-In5 daysWed 10/11/23Tue 10/17/2392Data Rough-In5 daysWed 10/11/23Tue 10/17/2393A/V Rough-In5 daysWed 10/11/23Tue 10/17/2394Security Rough-In5 daysWed 10/11/23Tue 10/17/2395Install Drywall12 daysWed 10/11/23Thu 10/26/2396Tape / Bed / Paint15 daysWed 10/18/23Tue 11/7/2397Kitchen Vent Hood5 daysWed 11/8/23Tue 11/14/2398Kitchen Grease Duct5 daysWed 11/15/23Tue 11/21/2399Kitchen Ansul5 daysWed 11/22/23Tue 11/28/23100Install Switch Gear & Electrical Panels5 daysMon 10/23/23Fri 10/27/23101Frame Gyp Ceilings5 daysFri 10/27/23Thu 11/2/23102MEP Work Above Gyp Ceilings5 daysFri 11/3/23Thu 11/9/23103Above Ceiling Inspection @ Gyp Ceilings1 dayFri 11/10/23Fri 11/10/23104Install Drywall @ Gyp Ceilings5 daysMon 11/13/23Fri 11/17/23105Tape / Bed / Paint @ Gyp Ceilings8 daysMon 11/20/23Wed 11/29/23106Floor & Wall Tile10 daysWed 10/25/23Tue 11/7/23107Install Linear Wood Ceiling10 daysWed 11/8/23Tue 11/21/23108Ceiling Grid10 daysWed 11/8/23Tue 11/21/23109Install Lights12 daysWed 11/22/23Thu 12/7/23110HVAC Trim Out5 daysWed 11/22/23Tue 11/28/23111Drop Fire Sprinkler Heads5 daysWed 11/22/23Tue 11/28/23112Hose Reels @ Apparatus Bay3 daysFri 12/8/23Tue 12/12/23113Above Ceiling Inspections5 daysFri 12/8/23Thu 12/14/23Wreck Forms & Backfill @ Grade BeamsWreck Forms & Backfill @ Grade BeamsCIP Vertical Basement WallsCIP Vertical Basement WallsBackfill CIP Vertical Basement WallsBackfill CIP Vertical Basement WallsUnderground PlumbingUnderground PlumbingUnderground ElectricalUnderground ElectricalFine Grade SlabFine Grade SlabTermite ControlTermite ControlSlab Set Up & PourSlab Set Up & PourCMU (Including Storm Shelter)Structural Steel DeliveryStructural Steel Erection Main BuildingStructural Steel Erection Main BuildingInstall JoistsInstall DeckStorm Shelter Structural Roof Steel Storm Shelter Roof Set Up & PourRoofingRoofing Dry-InComplete Roofing, Coping Caps, etc.Install Mechanical EquipmentExterior Frame & SheathExterior Frame & SheathWindow Frames & StorefrontsFlashings & DamproofingMasonry VeneerCanopy ErectionInterior FramingInterior FramingHVAC DuctsHVAC DuctsFire SprinklersFire SprinklersElectrical Rough-InElectrical Rough-InPlumbing Rough-InPlumbing Rough-InRough-In InspectionsPaint Exposed Structure In Apparatus BayApparatus Roll-Up DoorsFront Apparatus Bi-Fold DoorsCO2 EVAC SystemFire Alarm Rough-InData Rough-InA/V Rough-InSecurity Rough-InInstall DrywallInstall DrywallTape / Bed / PaintTape / Bed / PaintKitchen Vent HoodKitchen Grease DuctKitchen AnsulInstall Switch Gear & Electrical PanelsFrame Gyp CeilingsMEP Work Above Gyp CeilingsAbove Ceiling Inspection @ Gyp CeilingsInstall Drywall @ Gyp CeilingsTape / Bed / Paint @ Gyp CeilingsFloor & Wall TileInstall Linear Wood CeilingCeiling GridCeiling GridInstall LightsInstall LightsHVAC Trim OutDrop Fire Sprinkler HeadsHose Reels @ Apparatus BayAbove Ceiling InspectionsAbove Ceiling InspectionsQ4Q1Q2Q3Q4Q1Q2Q3Q4202320242025TaskTaskSplitMilestoneSummaryProject SummaryExternal TasksExternal MilestoneBaselineBaselineInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneProgressDeadlinePFS4 - Preliminary Bid ScheduleWed 11/30/22Schedule Created By: TAProject: PFS4 - Preliminary Bid SchedDate: Wed 11/30/22PRELIMINARYPage 77Item 10. IDTask NameDuration Start Finish114Ceiling Tile5 daysFri 12/15/23Thu 12/21/23115Millwork10 daysFri 12/22/23Thu 1/4/24116Install Lockers5 daysFri 12/29/23Thu 1/4/24117Appliances3 daysFri 1/5/24Tue 1/9/24118Electrical Trim Out5 daysFri 1/5/24Thu 1/11/24119Plumbing Trim Out5 daysFri 1/5/24Thu 1/11/24120Toilet Partitons & Accessories5 daysFri 1/12/24Thu 1/18/24121Fire Sprinkler Trim Out5 daysFri 12/22/23Thu 12/28/23122Fire Alarm Trim Out5 daysFri 12/22/23Thu 12/28/23123Data Trim Out5 daysFri 12/22/23Thu 12/28/23124A/V Trim Out5 daysFri 12/22/23Thu 12/28/23125Security Trim Out5 daysFri 12/22/23Thu 12/28/23126Install Floor Finishes10 daysFri 1/5/24Thu 1/18/24127Doors & Hardware 5 daysFri 1/19/24Thu 1/25/24128Final Clean5 daysFri 1/26/24Thu 2/1/24129Final Building Inspections74 daysFri 1/19/24Wed 5/1/24130Fire Sprinkler Final5 daysFri 1/19/24Thu 1/25/24131MEP Finals5 daysFri 2/2/24Thu 2/8/24132Fire Alarm Pre-Test3 daysFri 1/19/24Tue 1/23/24133Fire Alarm Final/Permission To Stock3 daysWed 2/14/24Fri 2/16/24134Building Final5 daysMon 3/11/24Fri 3/15/24135CO1 dayMon 4/1/24Mon 4/1/24136Substantial Completion0 daysMon 4/1/24Mon 4/1/24137Design Team Punch Walks - All Punch Lists5 daysTue 4/2/24Mon 4/8/24138All Punch List Completion17 daysTue 4/9/24Wed 5/1/24139Final Completion0 daysWed 5/1/24Wed 5/1/24Ceiling TileCeiling TileMillworkInstall LockersAppliancesElectrical Trim OutPlumbing Trim OutToilet Partitons & AccessoriesFire Sprinkler Trim OutFire Alarm Trim OutFire Alarm Trim OutData Trim OutA/V Trim OutSecurity Trim OutInstall Floor FinishesDoors & Hardware Final CleanFinal Building InspectionsFire Sprinkler FinalMEP FinalsFire Alarm Pre-TestFire Alarm Pre-TestFire Alarm Final/Permission To StockFire Alarm Final/Permission To StockBuilding FinalBuilding FinalCOCOSubstantial CompletionDesign Team Punch Walks - All Punch ListsDesign Team Punch Walks - All Punch ListsAll Punch List CompletionAll Punch List CompletionFinal CompletionQ4Q1Q2Q3Q4Q1Q2Q3Q4202320242025TaskTaskSplitMilestoneSummaryProject SummaryExternal TasksExternal MilestoneBaselineBaselineInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneProgressDeadlinePFS4 - Preliminary Bid ScheduleWed 11/30/22Schedule Created By: TAProject: PFS4 - Preliminary Bid SchedDate: Wed 11/30/22PRELIMINARYPage 78Item 10. Note: The CIP Sanitary Sewer was approved in the FY23 budget for $400,000. Funding Source: Water/Sewer Fund Fire Engine & Loose Equipment was approved and ordered April 2022. Delivery Date early 2024 Last Update: 01/03/23 Budget for Fire Station 4 Project: Professional Services Budget - 750-5410-10-00-2137-FC Amount EncumberedPrior Budget Other Development Costs - 750- 5410-10-00-2203-FC Construction of Facility - 750- 6610-10-00-2205-FC Furniture, Fixtures, & Equipment 750-6610-10-00-2206-FC $623,380.00 $601,620.00 $6,000,000.00 $775,000.00 $623,380.00 $8,250.00 Fire Station 4 Construction Project Total Project With Alternates $8,000,000.00 $631,630.00 Project Cost $8,000,000.00 $631,630.00 Alternate 2 - Natural Gas Line N/A N/A Page 79 Item 10. Project Estimate August 2022 Revised CIP October 2022 Project Total January 2023 $623,380.00 $600,000.00 $623,380.00 $678,274.00 $700,000.00 $553,274.00 $9,923,346.00 $7,925,000.00 $10,213,950.00 GMP $775,000.00 $775,000.00 $700,000.00 12,000,000.00 $10,000,000.00 $12,090,604.00 N/A N/A $195,000.00 12,000,000.00 $10,000,000.00 $12,285,604.00 The CIP Sanitary Sewer was approved in the FY23 budget for $400,000. Funding Source: Water/Sewer Fund Fire Engine & Loose Equipment was approved and ordered April 2022. Delivery Date early 2024 Expenditures to Date $459,416.67 $8,250.00 Fire Station 4 Construction Project $467,666.67 $467,666.67 N/A Page 80 Item 10. Page 1 of 2 To: Mayor and Town Council From: Robyn Battle, Executive Director of Community Services Through: Ron K. Patterson, Interim Town Manager Re: Town of Prosper 2023 Legislative Agenda Town Council Meeting – January 10, 2023 Agenda Item: Consider and act upon a resolution adopting the Town of Prosper 2023 Legislative Agenda. Description of Agenda Item: The Town Council established a strategic planning action items related to legislative advocacy during the 2022 Town Council Strategic Planning Work Session. With the 88th Texas legislative session now underway, the Town has an opportunity to define for our legislative delegation the topics and initiatives that are most important to the Town. The proposed Legislative Agenda includes issues that have been previously identified by the Town Council as top priorities for the Town and includes recommendations from Town staff. The Legislative Agenda is comprised of two sections. The Legislative Philosophy explains the overall purpose and guiding principles of the document. The Legislative Priorities section establishes the Town’s position on key legislative issues. A draft Legislative Agenda was presented to the Legislative Subcommittee comprised of the Mayor and the Deputy Mayor Pro-Tem for discussion on October 26, 2022, and again during a meeting with the Town’s Legislative Consultant on December 21, 2022. The Legislative Subcommittee recommends adoption of the proposed 2023 Legislative Agenda. The Legislative Agenda is to be used as a communication tool with the Town’s legislative delegation and others to clearly explain the Town’s position on critical issues. It is intended to provide guidance to the Town’s legislators on how they can best represent Town of Prosper residents and stakeholders in the upcoming legislative session. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has previously reviewed the resolution as to form and legality. Prosper is a place where everyone matters. COMMUNITY SERVICES Page 81 Item 11. Page 2 of 2 Attached Documents: 1. Resolution Town Staff Recommendation: Town staff recommends the Council approve a resolution adopting the Town of Prosper 2023 Legislative Agenda. Proposed Motion: I move to approve a resolution adopting the Town of Prosper 2023 Legislative Agenda. Page 82 Item 11. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-__ A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPROVING THE TOWN’S LEGISLATIVE AGENDA FOR THE 88TH TEXAS LEGISLATIVE SESSION; AUTHORIZING CERTAIN PERSONS TO REPRESENT AND COMMUNICATE THE TOWN’S LEGISLATIVE INTERESTS; AUTHORIZING THE MAYOR AND TOWN MANAGER TO SIGN ALL LETTERS, PETITIONS, AND/OR OTHER DOCUMENTS ON BEHALF OF THE TOWN TO PROMOTE THE TOWN’S LEGISLATIVE AGENDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 88th Texas Legislature convenes in January 2022; and WHEREAS, the Texas Legislature and its administrative agencies will consider many measures and actions that may affect the Town of Prosper, Texas; and WHEREAS, Town staff has prepared and recommends approval of the Town of Prosper 2023 Legislative Agenda, attached hereto as Exhibit “A”; and WHEREAS, the Town Council finds that the 2023 Legislative Agenda represents the issues and priorities that are in the best interest of the Town and its citizens, should be adopted, and should be forwarded to the Town’s legislative delegation for consideration; and WHEREAS, the Town Council is of the further opinion that the Mayor, the Town Manager and/or the Town Manager’s designee should be authorized and directed to take action with regard to the 2023 Legislative Agenda as outlined below. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Town of Prosper 2023 Legislative Agenda, attached hereto as Exhibit “A,” is hereby adopted and approved. SECTION 2 The Mayor, the Town Manager, and/or the Town Manager’s designee are authorized to communicate the items included in the Town’s Legislative Agenda to members of the Texas Legislature, in general, and/or to the appropriate legislative committees, committee members, and other persons or groups that may influence the 88th Legislative Session. SECTION 3 For those items designated as “support,” the Mayor, the Town Manager and/or the Town Manager’s designee are directed to actively pursue passage of the appropriate legislation if it is introduced by some other entity. Efforts to obtain passage of the legislation may include drafting Page 83 Item 11. Resolution No. 2023-__, Page 2 appropriate legislation, seeking a legislative sponsor, and actively pursuing passage of such legislation by providing testimony and through other means. SECTION 4 For those items designated as “oppose,” the Mayor, Town Manager, and/or the Town Manager’s designee are directed to oppose the passage of any such legislation. SECTION 5 The Mayor and the Town Manager are specifically authorized to sign any and all letters, petitions, and/or other documents on behalf of the Town in order to promote the Town’s 2023 Legislative Agenda. SECTION 6 When testimony before various committees is needed to support or oppose a bill, the Mayor, the Town Council Members, the Town Manager, or the Town Manager’s designee are authorized to testify so long as the testimony is consistent with the approved 2023 Legislative Agenda. SECTION 7 This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS THE 10TH DAY OF JANUARY, 2023. APPROVED: __________________________ David F. Bristol, Mayor ATTEST: ___________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________ Terrence S. Welch, Town Attorney Page 84 Item 11. EXHIBIT “A” 1 TOWN OF PROSPER 2023 LEGISLATIVE AGENDA LEGISLATIVE PHILOSOPHY The following Legislative Agenda represents the Town of Prosper’s legislative initiatives and priorities for the 88th Texas Legislative Session and establishes the Town’s position on key legislative issues. The Town of Prosper is committed to providing efficient and effective municipal government services to its residents, businesses, visitors, and community stakeholders. Municipalities represent the level of government that is closest to the people, and local officials are best equipped to determine the unique needs of their communities. The Town of Prosper bears the primary responsibility for providing capital infrastructure, public safety, recreational and cultural activities, and other municipal services in response to the needs and preferences of Town residents. Therefore, the Town will support legislation that protects home rule authority, advances the principles of local decision-making, and enhances the health, safety and welfare of its residents in the spirit of self-governance. Conversely, the Town will oppose legislation that preempts or erodes municipal authority on local matters or impedes the Town’s ability to allocate resources to locally-determined projects and services. Town of Prosper residents desire and expect exceptional municipal services. They want a high quality of life that is delivered through a beautiful and functional parks system, a variety of cultural amenities, exceptional public safety services, well-maintained roads, and outstanding Town facilities. The elected and appointed officials who represent the Town of Prosper are committed to preserving the Town’s ability to provide the public goods and services our residents desire through revenue sources that are approved at the local level and free from state mandated limitations. The Town of Prosper’s highest priority is to preserve the ability of locally-elected officials to govern and respond effectively and efficiently to the individual and market-driven needs of its residents, businesses, and stakeholders, according to the unique needs of the community. Throughout this document, it is understood that a position statement supporting a legislative action also establishes opposition to legislative measures that would have the opposite effect. LEGISLATIVE PRIORITIES TRANSPORTATION AND INFRASTRUCTURE  Support legislation that seeks to fund local transportation and infrastructure projects.  Support legislation that provides funding to maintain and rehabilitate existing and aging infrastructure.  Support legislation that promotes innovative financing tools and greater flexibility in the funding of the construction, rehabilitation, and maintenance of local transportation and infrastructure projects. Page 85 Item 11. EXHIBIT “A” 2  Support legislation that promotes pay-as-you-go financing for capital projects by authorizing a dedicated property tax rate that is classified similarly to the debt service tax rate in property tax rate calculations. LAND DEVELOPMENT  Support legislation that seeks to repeal, or makes beneficial amendments to, H.B. 2439 from the 86th legislative session (the building materials bill), which excessively prohibits the Town from regulating building products, materials, or methods used in the construction of residential and commercial structures.  Support legislation that seeks to limit state intrusion in the land development process by making beneficial amendments to H.B. 3167 from the 86th legislative session regarding subdivision platting procedures (the 30-day shot clock bill).  Oppose legislation that preempts or would otherwise erode municipal authority related to land use and zoning, local amendments to building codes, local building permit fees, tree preservation, short-term rentals, and eminent domain. ECONOMIC DEVELOPMENT  Support legislation that preserves all economic development programs and tools currently available under state law.  Support legislation and programs that help municipalities attract and retain new and existing businesses.  Support legislation that promotes new and innovative financing tools that would leverage state funds to create jobs.  Support legislation that would maintain funding for grants and programs that improve workforce training. PUBLIC SAFETY  Support legislation and measures that strengthen the integrity, effectiveness, and transparency of local law enforcement, and oppose any measures that weaken the same.  Support legislation that preserves qualified immunity for public safety personnel acting within the bounds of departmental policies and procedures in the performance of their official duties.  Support legislation that clarifies the roles of state, county and municipal governments in emergency management, and their respective authority, powers, and duties during a local state of disaster. Page 86 Item 11. EXHIBIT “A” 3 FISCAL MANAGEMENT  Support legislation that would preserve the Town’s use of certificates of obligation (COs) to fund necessary capital projects, and for the debt from COs to continue to be funded from the Town’s interest and sinking (I&S) tax rate.  Oppose legislation that would erode the Town’s ability to control, manage, and collect reasonable compensation for the use of municipal rights-of-way.  Oppose legislation that imposes additional revenue caps or tax caps of any kind that restrict the Town’s capacity to generate the revenue needed to provide the high level of municipal services expected by Town of Prosper residents.  Oppose legislation that would erode local taxing authority, including measures that would restrict the use of existing revenue streams.  Oppose legislation that reduces the ability of municipalities to provide economic and efficient methods of financing local purchases and projects, including limiting the Town of Prosper’s ability to control and manage its debt. BROADBAND ACCESS  Support legislation that treats broadband service as any other critical utility infrastructure to ensure consistent and sustainable availability and affordability for residents and businesses.  Support legislation to incentivize and recognize the importance of broadband service and the application of technology solutions through grants, awards, and other means.  Support legislation that develops plans and revenue sources needed for greater broadband connectivity to enhance public access to education, healthcare, employment, information, and services. WATER RESOURCES  Support legislation that provides ample funding for developing affordable and reliable water resources across North Texas.  Support legislation that provides funding for the construction, maintenance, and rehabilitation of new and aging water utility infrastructure.  Support legislation that accelerates the permitting process for development of new water resources in North Texas, preserves water storage options, and advances viable projects in the statewide water plan. RECREATIONAL AND CULTURAL RESOURCES  Support amendments to the hotel occupancy tax statute that allows the use of hotel occupancy tax revenue for the construction of improvements in municipal parks and trails that connect parks, lodging establishments, and related public facilities. Page 87 Item 11. EXHIBIT “A” 4  Support legislation that directly benefits public library services that support workforce, cultural, and educational programs. OPEN GOVERNMENT  Support legislation that simplifies the budget and tax rate notification and adoption process with the goal of improving transparency.  Support legislation that would allow required legal notices to be published on a municipality’s website rather than requiring publication in an official newspaper.  Support legislation that promotes increased flexibility to the Texas Open Meetings Act to allow for the expanded use of teleconference and videoconference technology in public meetings. ELECTIONS  Oppose legislation that eliminates the May or November uniform election dates.  Oppose legislation that requires candidates for a Town office to declare party affiliation in order to run for office. PREEMPTION OF LOCAL AUTHORITY  Support legislation that preserves local control and the right of Prosper residents to govern themselves and to work with their municipal government to adopt and enforce ordinances that address the health, safety, and welfare of the community.  Support legislation that preserves local authority for property taxation, budgeting, permitting, and zoning decisions.  Oppose legislation that limits or prohibits the Town’s current authority to use municipal funds to communicate with legislators or effectively participate in the legislative process on matters of public interest or pay dues to organizations or entities that advocate on the Town’s behalf.  Oppose legislation that provides for state preemption of municipal authority and/or creates unfunded mandates at the local level. Page 88 Item 11.