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06.26.2007 Town Council Packet1. 2. TOWN OF Call to Order / Roll Call. Invocation and Pledge of Allegiance. AGENDA Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, June 26, 2007 at 5:00 p.m. 3. Announcements of dates and times of upcoming community events. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A majority vote or the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • June 12, 2007 —Regular Town Council Meeting • June 12, 2007 —Joint Town Council / EDC Board Meeting • June 19, 2007 —Joint Town Council / PISD Board Meeting ORDINANCES RESOLUTIONS AND AGREEMENTS b. Consider and act on a resolution designating the Interim Town Manager as the project official/representative to act on behalf of Town in dealing with Collin County for the purpose of participating in the Collin County Parks and Open Space Assistance Program; and authorizing the submittal of an application for program assistance. (CC) C. An update on the Town's sports fields and/or the construction of future sports fields. (CC) d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) FINANCIALS e. Consider and act upon the financial statements ending May 31, 2007. (RB) PRESENTATION 5. Presentation by Chief Tucker introducing the new Town Fire Marshall. (RT) Paget of 3 (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 Comments Form" and present it to the Town Secretary prior to the meeting.) 6. Comments by the Public REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 7. A public hearing to consider and act upon a request to rezone 40.4f acres located on the south side of Prosper Trail, 1,500f feet east of Coleman Street to amend Planned Development-30 (Prosper Creek Estates). (Z07-11). (CC) S. A public hearing to consider and act upon a request to rezone 15.3f acres of land located on the northeast corner of Fifth Street and the BNSF Railroad, from Downtown Commercial (DTC) to Industrial (1). (Z06- 15). (CC) 9. A public hearing to consider and act on a resolution designating the Interim Town Manager as the project official/representative to act on behalf of Town in dealing with Texas Parks & Wildlife for the purpose of participating in the Texas Parks & Wildlife Outdoor Recreation Grant Program; certifying that the applicant is eligible to receive program assistance; certifying that the applicant matching share is readily available; dedicating the proposed site for permanent and public park and recreational uses; and certifying that the application has been submitted to the appropriate regional council of governments for the Texas review and comment (TRACS) review. (CC) 10. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately 6.419 acres of land located in the Collin County School Land Survey, Abstract No.147, and being more generally located on the southwest corner of Prosper Trail and N. Coleman. (MD) 11. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately 24.296 acres of land located in the Collin County School Land Survey, Abstract No.147, and being more generally located south of First Street (CR 3) and 230+ feet east of the Dallas North Tollway. (MD) DEPARTMENT ITEMS 12. Consider and act upon an ordinance to receive and accept as true and correct the Canvassed voting results for the Runoff Election held on June 16, 2007 as presented by the Town Secretary and hereby declare the results of the election be set forth in an ordinance and that said ordinance should be adopted. (MD) 13. Administer oath and issuance of certificate of election to the elected Council Member for Place 2. (MD) 14. Hear and discuss a presentation of compensation market study by Waters Consulting Group. (KC) 15. Consider and act upon the appointment of a Mayor Pro-Tem and Deputy Mayor Pro-Tem. (MD) 16. Consider and act upon drawing lots between Place 1 and Place 2 to determine which Place shall receive a two year term and which Place will receive a three year term. (MD) Page 2 of 3 17. Consider and act upon an award of bid and enter into an agreement with Landmark Structures I, L.P., for construction of the Preston Road elevated storage tank, and approve a resolution authorizing the Interim Town Manager to negotiate and execute all necessary documents. (HW) 18. Consider and act upon a change order to Red River Construction Company, Inc., for the Pump Station and 3 MG Ground Storage Tank Project. (HW) 1.9. Consider and act upon selection of providers for group medical, dental, disability, and life insurance. (KG) 20. Consider and act upon the request to implement Flexible Spending Accounts (FSA) for employees for unreimbursed health care expenses and dependent day care expenses. (KG) 21. Discuss placement of utility lines underground. (KC) 22. Discuss budget workshop dates. (KC) 23. Discuss regulation of non-residential uses in residential areas, including but not limited to, home occupation and garage sales. (CC & BA) 24. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: a. Section 551.074 to discuss the appointment and employment of a. Town Manager. b. Section 551.087 to discuss economic development negotiations for the Custer Retail Project. (HW) 25. Reconvene into regular session and take any action necessary as a result of the closed session. 26. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 27. Adjourn. Kevin Carruth Interim Town Manager Note: The order in which items are heard on the agenda is subject to change. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was place convenient and readily accessible to the general public at all times, anrla 5:00 p.m. and remained so posted at least 72 hours before said meeting 104! atthew D. Denton, TRMC Z 0 Town Secretary i O®I mge�a���� In addition to any specifically identified Executive Sessions, Council maygnvett' �E uti, any point during the open meeting to discuss any item posted on this agen ' {; b tir be open. Should Council elect to convene into Executive Session, those except ffy"11,00 result of this Executive Session, will be taken and recorded in open session, window at the Town Hall of the Town of Prosper, Texas, a ij,§y the following date and time: Friday, June 22, 2007 at 53 a Date Noticed Removed Section 551 of the Texas Government Code at specific exceptions that require that a meeting I and announced. Any subsequent action, as a NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2I11. BRAILLE IS NOT AVAILABLE. Page 3 of 3 �t� TOWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:07 p.m. Roll call was taken by the Town Secretary. MINUTES Regular Meeting of the Prosper Town Council 800 Somerville Drive, Prosper, Texas Folsom Elementary School (Cafeteria) Tuesday, June 12, 2007 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro Drown, Mike Wadsworth, and Ray Smith. Staff present included: Kevin Carruth, Interim Town I Services; Chris Copple, Development and Parks Planner; Smith, Fire Captain; and Matthew Denton, Town Secretary.; 2. Invocation and Pledge of Allegiance. The invocation was given by Pastor Khris Kennedy, First Baptist Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming comm Matt Denton, Town Secretary, announced there will be a runoff e at the Prosper High School Voting will occur between 7;00 a.m. Mike Wadsworth Announce Leadership Program on June 4. Consent Agenda a. • May 22, upon Hulon Webb, Jaromin, Director Dave Turley, Kevin of Development c Works; Curtis r Place 2 on Saturday, June 16, 2007 p.m. and Matt Denton graduated from the Northern Collin County from the following Council meetings. (MD) Meeting b. Consider and act upon adoption of an ordinance amending the Zoning Ordinance regarding the creation of the Downtown Retail District and the amending of the Downtown Residential District, the Downtown Office District, and the Downtown Commercial District, including, but not limited to, the permitted uses and development standards. (Z07-8). (CC) C. Consider and act upon adoption of an ordinance rezoning 32.9t acres from Single Family-15 (SF- 15) to Downtown Commercial (DTC) along McKinley Street; 11.6t acres from Single Family-15 (SF-15), Office (0), and Downtown Office (DTO) to Downtown Retail (DTR) along Broadway Page 1 of 5 Street, west of Coleman Street; 2.9f acres from Single Family-15 (SF-15) to Downtown Office (DTO) west of Coleman Street at Fifth Street; and 9.3t acres from Single Family-15 (SF-15) to Downtown Office (DTO) east of Coleman Street, along Church Street. (Z07-9). (CC) d. Consider and act upon adoption of an ordinance rezoning 40.0t acres located 2,500f feet north of Prosper Trail, on the east side of Dallas Parkway from Single Family-15 (SF-15) to Commercial Corridor (CC). (Z07-6). (CC) e. Consider and act upon adoption of an ordinance rezoning 226.5f acres on the north side of Prosper Trail, 1,200 feet east of Dallas Parkway to amend Planned. Development-8 (Lakes of Prosper) to include an additional 39.5t acres. (Z07-5). (CC) f. Consider and act upon adoption of an ordinance ame Chapter 1, Section 8.4(B) — Changes and Amendments to Administrative Procedures. (Z07-10). (CC) h. Consider and act on authorizing the purchase of a skid steer authorizing the Interim Town Manager to negotiate and exe Mayor Pro-Tem Bristol requested item 4g be pulled from the Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember consent agenda subject to staff recommendations.: Motion approved g. Consider and act upon adoption of an ordinance amendi fee for the use of Town fields. (CC) Mayor Pro -Tern Bristol stated he wanted to pull this Loren Moulder, Parks and Recreation Board, answered Motioned by Councilmember Wadsworth, seconded by brings to council a revised PSA agreement. Motion apl 5. Comments by the for council. Ordinance regarding ices and Districts and ler for Public Works and all necessary documents. (F.1) -th to approve the balance of the 02-33, establishing a on the $10 park user fee. Turley to table the item until staff Ken Meier, 203 W. Third Street, addressed the council regarding the great job the Fire Department and Police Department have done taking care of he and his wife who are both suffering from cancer. PUBLIC HEARINGS 6. A public hearing to consider and act upon a request to rezone 40.4t acres located on the south side of Prosper Trail, 1,500�E feet east of Coleman Street to amend Planned Development-30 (Prosper Creek Estates). (Z07-11). (CC) Chris Copple, Development and Parks Planner, told the council the applicant has asked that the item be tabled until the June 26, 2007 Town Council meeting. Page 2 of 5 Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Turley to open the public hearing. Motion approved 6-0. Mayor Niswanger opened the public hearing at 6:41 p.m. There were no comments by the public. Motioned by Councilmember Turley, seconded by Councilmember Wadsworth to table the item until the June 26, 2007 Town Council Meeting. Motion approved 6-0. DEPARTMENT ITEMS 7. Consider and act upon 1) a developer's agreement between of Prosper and 2) a resolution authorizing the Interim Towi necessary documents. (IIW) Hulon Webb, Director of Development Services, gave Motioned by Mayor Pro-Tem Bristol, seconded by Counc between MF V Chesney 65, LP, and the Town of Pros Manager to negotiate and execute all necessary documents. Motion approved 6-0. S. Consider and act upon 1) an award of hid to Landmark Stru agreement with Landmark Structures I, L.P., regarding the Road Elevated Storage Tank and 3) approve a resolution an to negotiate and execute all necessary documents. (HW) Hulon Webb, Director of Development Services, gave ey 65, LP, and the Town negotiate and execute all on this item. approve a developer's agreement n authorizing the Interim Town I.P., 2) enter into a contract ion services for the Preston the Interim Town Manager information on this item. Motioned by Councilmember Wadsworth seconded by Councilmember Turley to table the item until the June 26, 2007 Town Council meeting so Town staff can obtain the deed to the property where the tank will be constructed. Motion approved 6-0. 9. Consider and act upon 1) ratification of an Engineering Design Services Agreement with RLK Engineering, Inc., regarding the Highland Meadows Drainage Improvements and 2) approve a resolution authorizing the Interim `Town Manager to negotiate and execute all necessary documents. (HW) Hulon Webb, Director of Development Services, gave council background information on this item. Mayor Niswanger stepped ;out of the room at 7:12 p.m. Motioned by Councilmember Drown, seconded by Councilmember Turley to approve a ratification of an Engineering Design Services Agreement with RLK Engineering, Inc., regarding the Highland Meadows Drainage Improvements and approve a resolution authorizing the Interim Town Manager to negotiate and execute all necessary documents. Motion approved 5-0. Page 3 of 5 to. Consider and act upon the appointment of a Town Council liaison to the Prosper Parks and Recreation Board. (CC) Chris Copple, Development and Parks Planner, gave council background information on this item. Copple informed the council staff research indicated that a Town Council liaison was not required by the Town Charter or Town ordinances. it. Discuss and act on extending the terms of the Board of Adjustment members until September 2007.(CC) Matt Denton, Town Secretary, gave council background information on this Motioned by Councilmember Wadsworth, seconded by Cou Shirrel, Rudy Gurerro and Lisa Dritschler to September 2008. Motion approved 5-0. 12. Discuss water use restrictions. (FJ) Frank Jaromin, Director of Public Works, presented council it Mayor Niswanger returned to the room at 7:18 p.m. Council discussed the various options for easing the water use 13. Consider and act upon a resolution brush truck, authorizing matching fu and execute all necessary documents. Curtis Smith, Fire the on this item. extend the terms of Bobby item. ice grant for purchase of a Town Manager to negotiate Motioned by Councilmember Wadsworth; seconded by Councilmember Turley to approve the purchase of the larger truck in the 07/08 budget with permission to go ahead and issue a PO as soon as all bid requirements are met. Motion approved 6-0. 14. Hear and discuss update on 2007. County Bond Transportation Sub -Committee actions. Planning and Zoning Commissioner, gave council and update on the Bond Sub -Committee actions. 15. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.087 to discuss economic development negotiations for the Custer Retail Project. (HW) Council recessed into executive session at 7:52 p.m. 16. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Councilmember Smith, seconded by Councilmember Turley to reconvene into regular session. Motion approved 6-0. Council reconvened into regular session at 8:33 p.m. Page 4 of 5 No action taken as a result of closed session. 17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Councilmember Turley asked that an ordinance requiring developments to bury utilities be on a future agenda. Councilmember Wadsworth requested potential budget workshop dates and an update on development timelines for the practice fields at Folsom Elementary and the 57 acre park be placed on the June 26, 2007 agenda. Councilmember Drown asked that a discussion item regarding the enforcement of the home based business ordinance be placed on a future agenda. 18. Adjourn. Motioned by Councilmember Smith, seconded by Councilmember Turley to adjourn. Motion approved 6-0. Meeting adjourned at 8:34 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Niswanger, Mayor Page 5 of 5 1�. TOWN OF S P E *rR. 1. Call to Order / Roll Call. The meeting was called to order at 4:20 p.m. Roll call was taken by the Town Secretary. MINUTES Special Joint Meeting of Prosper Town Council and Prosper Economic Development Corporation 800 Somerville Drive, Prosper, Texas Folsom Elementary School (Cafeteria) Tuesday, June 12, 2007, at 4:00 p.m. Council present included: Mayor Charles Niswanger, Drown, Mike Wadsworth, and Ray Smith (arrived at 5:00 Staff present included: Kevin Carruth, Interim Town Economic Development Corporation; Andrea Berry, Ecr Town Secretary. Economic Development Board Members Bob Luckock; and Mike Wadsworth. 2. Recess into closed session in compliance wit Section 551.087 to deliberate on ec Prosper project. Motioned by Councilmember Wadsworth, seconded by Motion approved 5-0. Council recessed 3. R,econver Council reconven, No action taken a,, 4. Adjourn. Motioned by Coui into into regular session at of David Bristol„Dave Turley, Kevin Hager; Dan Tolleson, Executive >Director of the iic Development` Assistant; and Matthew Denton, Ray Smith (arrived at 5:00 p.m.); Jim Campbell; on 551.001 et.'Seq. Texas Government Code, to velopment negotiations regarding the Gates of Turley to recess into closed session. any action necessary as a result of the closed session p.m. Turley, seconded by Councilmember Smith to adjourn. Motion approved 6-0. The meeting was adjourned at 6:04 p.m. Attest: Matthew D. Denton, TRMC Charles Niswanger, Mayor Town Secretary PISPER TOWN 1. Call to Order / Roll Call. The meeting was called to order at 6:10 p.m. Roll call was taken by the Town Secretary. MINUTES Joint Meeting of the Prosper Town Council and the Prosper Independent School District Board Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Monday, June 18 2007 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Wadsworth, and Ray Smith. Staff present included: Kevin Carruth, Interim Town Services; Chris Copple, Development and Parks Planner; Prosper Independent School Board Members present inclu Bernstein; Dan Tolleson; Johnny Warren; Daniel Jones; Chuck 2. Discuss use of Prosper Independent Council discussed with the ISD the possibility of for the Town Council and Planning and Zoning proceed with coordinating with the ISD staff to School Library. 3. Discuss any There were no sponsored 4. District Dave Turley, Mike Webb, Director, of Development i. Town Secretary. Superintendent Drew Watkins; Wayne ),bet; and David Toney. ittes for Council meetings. School Library as a permanent meeting place [eetings. Council directed Town staff to the Town Council meetings to the Middle District and Town sponsored events. activities and infrastructure projects within Chris Copp[e, Development and Parks Planner and Hulon Webb, Jr., Director of Development Services, presented information to the ISD Board regarding current zoning and development activities within the Town. 5. Discuss current and future plans for the acquisition, development, and/or construction of Prosper Independent School District facilities. Drew Watkins, Prosper School Superintendent, gave council information regarding the future plans for the ISD facilities. 6. Discuss the status of current and future joint projects of the Prosper Independent School District and the Town, including, but not limited to: a. Park site adjacent to the PISD stadium site; b. Future park/school sites; c. Tennis courts at the future school sites; d. Natatorium e. Water wells Discuss and consider action on the waiving of impact fees/permit fees regarding PISD projects. Council and the ISD Board discussed the continued waiving of the impact fees/permit fees by the Town. 8. Adjourn Motioned by Councilmember Turley, seconded by Councilmember Smith to adjourn. Motion approved 5-0. The meeting was adjourned at 7:06 p.m. Matthew D. Denton, TRMC Town Secretary Pi OWN OF S P To: Mayor and Town Council PARKS & RECREATION From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 26, 2007 Date: June 22, 2007 Agenda Item: Consider and act on a resolution designating the Interim Town Manager as the project official/representative to act on behalf of Town in dealing with Collin County for the purpose of participating in the Collin County Parks and Open Space Assistance Program; and authorizing the submittal of an application for program assistance. Description of Agenda Item: The Parks and Recreation Board is in the process of drafting an application to be submitted to Collin County requesting funds to assist in the development of Folsom Park. The Program provides 50% matching funds. There is no maximum amount which may be applied for. The application process requires that the Town Council approve a resolution authorizing submittal of the application and designating a project representative as a point of contact for program review and performance. The attached resolution designates the Interim Town Manager as the representative and authorizes him to submit the application. Deadline for submittal is July 9, 2007. Budget Impact: There are no significant budget implications associated with this item. Legal Obligations and Review: There are no legal obligations or review by the Town Attorney required. Attached Documents: A resolution authorizing the Interim Town Manager to submit an application to the Collin County Parks and Open Space Assistance Program for partial funding toward the development of Folsom Park. Parks and Recreation Board Recommendation: At their June 21, 2007 meeting, the Parks and Recreation Board recommended that the Town Council approve the resolution authorizing the Interim Town Manager to submit an application to the Collin County Parks and Open Space Assistance Program for partial funding toward the development of Folsom Park by a vote of 5-0. Agenda Item No. 4b - Page 1 of 2 Town Staff Recommendation: Town staff recommends that the Town Council approve the resolution authorizing the Interim Town Manager to submit an application to the Collin County Parks and Open Space Assistance Program for partial funding toward the development of Folsom Park. Agenda Item No. 4b - Page 2 of 2 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, (HEREAFTER REFERRED TO AS THE "TOWN") HEREBY DESIGNATING THE INTERIM TOWN MANAGER AS PROJECT OFFICIAL/REPRESENTATIVE TO ACT ON BEHALF OF THE TOWN IN DEALING WITH COLLIN COUNTY (HEREAFTER REFERRED TO AS THE "COUNTY") FOR THE PURPOSE OF PARTICIPATING IN THE COLLIN COUNTY PARKS AND OPEN SPACE PROJECT ASSISTANCE PROGRAM (HEREAFTER REFERRED TO AS THE "PROGRAM"); AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR PROGRAM ASSISTANCE. WHEREAS, the Town of Prosper has in the past successfully cooperated with the Collin County Park and Open Space Funding Assistance Program in providing needed recreational facilities for the citizens of Prosper and Collin County; and WHEREAS, the Town of Prosper has in the past and continues successful cooperation with the Prosper Independent School District (PISD) in providing needed public recreational facilities for the citizens of Prosper and Collin County; and WHEREAS, the Town of Prosper is desirous of authorizing an official to represent the Town in dealing with Collin County concerning the Open Space Funding Assistance Program. NOW. THEREFORE. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: That the Interim Town Manager of the Town of Prosper, Texas, is hereby designated as the Project Official/Representative to act on behalf of the Town in dealing with Collin County concerning the County's Parks and Open Space Project Funding Assistance Program. SECTION 2: That the Interim Town Manager of the Town of Prosper, Texas, is hereby authorized to make application to the County for funding assistance under the Program for development of the project known as Folsom Park. SECTION 3: That this Resolution shall take effect immediately upon its passage. Introduced, read and passed by affirmative vote of the Town Council on the 26th day of June, 2007. Charles Niswanger, Mayor ATTEST: Matthew Denton, Town Secretary IP TOWN OF -w---ER r Sr To: Mayor and Town Council PARKS AND RECREATION From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 26, 2007 Date: June 22, 2007 Agenda Item: An update on the Town's sports fields and/or the construction of future sports fields. Description of Agenda Item: At the June 12, 2007 meeting, a request was made by Councilmember Wadsworth to have an update the Town's sports fields and/or the construction of future sports fields. Currently, the Parks and Recreation Board (PARBd) and Town staff are considering the following options at Folsom Park and on the 57 acre community park site. 1. Folsom Park (located next to Folsom Elementary in the La Cima subdivision): The PARBd discussed future improvements to Folsom Park at their June 21, 2007 meeting. The development of Folsom Park would provide between three (3) to six (6) youth soccer/multi-purpose permanent fields. Town staff and members of the PARBd are currently working on two (2) applications for grants to assist in the funding of the improvements to Folsom Park. Both grants are 50% matching funds for the reimbursement of expenditures on park development; therefore, the existing Park Improvement Fees and the recently received $500,000 park grant fund, must be available to not only receive the grant(s), but pay for the improvements. If grant(s) are awarded, the reimbursement of the 50% matching funds will be received by the Town after completion of the development of Folsom Park. Town staff is in the process of requesting a scope of work from a design consultant. The PARBd anticipates that these permanent fields could be ready for play at Folsom Park for the fall season in 2008. 2. 57 acre community park site (adjacent to the future Prosper ISD athletic stadium, south side of Frontier Parkway, west of the BNSF Railroad): On May 31, 2007 the PARBd discussed the possibility of adding six (6) temporary fields on this property and was provided a cost estimate of approximately $350,000 for this construction. It was decided by the PARBd that in order to better utilize those funds, the site needed to be master planned so the improvements on the site could be designed in a manner to maximize the permanent improvements, limiting the money spent on temporary improvements. Due to the limited existing funding resources, the development of any temporary fields could eliminate the development of permanent improvements to Folsom Park and the matching funds necessary for the grant applications. Staff was directed to move forward with obtaining a scope of work from a design consultant. At the June 18, 2007 Joint Work Session with the PISD and Town Council, staff was directed to look at the possibility of adding temporary fields to the remaining acreage of the school's adjacent Agenda Item No. 4c - Page 1 of 2 property since the construction of the stadium was not planned for the immediate future. Staff updated the PARBd at their June 21, 2007 meeting and they agreed to expand the scope of design work to include the addition of temporary fields adjacent to the 57 acre community park. Town staff is in the process of requesting a scope of work from a design consultant. Once a design scope, estimate of construction time and costs is received, the PARBd will be able to make a recommendation on the desired improvements. At this time it is unclear on whether or not the fields will be ready for play at the 57 acre community park for the fall season in 2008. Attached Documents: No attachments. Town Staff Recommendation: No action needs to be taken on this item. Agenda Item No. 4c - Page 2 of 2 TOW PER To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 26, 2007 Date: June 21, 2007 Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. Description of Agenda Item: Attached are the site plans and preliminary site plans acted on by the Planning & Zoning Commission at their June 19, 2007 meeting. Per the Town's Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any site plan or preliminary site plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Site Plan for Whitley Place Amenity Center, approved 6-0 by the Planning & Zoning Commission at their June 19, 2007 meeting. Board Committee and/or Staff Recommendation: Town staff recommends that the Town Council take no action based on the approval of the site plan by the Planning & Zoning Commission. Agenda Item No. 1W Page 1 of 1 iE 6E U ill S l��SSS �fSFci J���i: I\I fZ\�<ma� Regular Meeting Prosper Town Council June 26, 2007 6:00 p.m. To: Mayor, Town Council, and Town Manager From: Ron Butler, Finance / Business Manager Re: May, 2007 Financial Reports The Financial Report on the Town of Prosper for the month of May, 2007 is a reporting of the cash, taxes, revenues, and expenditures in summary and by department. The Financials are reported as unreconciled financials. The Financial reporting format provides information to the council and the departments that reflect the operation of the Town and the departments on a monthly and year-to-date basis. Visual graphics, current month operation information, and percentages have been added to help further understand the information provided. The May, 2007 Financials indicate that General Fund overall expenditures are below the expected levels after eight months into the Fiscal Year at 48.82%. Although some line items in the departments will reflect a percentage above the expected percentage average, the bottom line percentage of each department is below the average expected projection of 67%. Total projected revenues for the General Fund are at 72.16%. Total property tax collected as of May 31, 2007 is 96.7% of the amount levied. Revenue has increased in the Court due to increased traffic enforcement. Planning revenues are up due to an increase in zoning permits and plat fees. The Water/Sewer Fund has revenues just above the expected average percentage while their expenditures remain below the average projection. The abundance of rain that has fallen in the area results in less water usage by residences for irrigation purposes. Sales tax collections are above the previous year's collection for the same period of time by 19% but still remains 28.5% less that the projected average for the current eight month period. A letter from the Texas Comptroller's Office advised that the Town's sales tax were down due to taxpayers who reported lower sales and taxpayers who went out of business during the year. Due to State laws, the Comptroller's Office cannot divulge the taxpayers' names of those who went out of business. Financial information on revenues and expenditures for the current budget year is being monitored and adjusted to assure that the Town operations within the limits of the adopted budget. Thus far, operations are within the budget framework approved. The Town of Prosper's budget is an annual projected budget and the percentages used to express projected percentages are guidelines based on a monthly average for the fiscal year. These guidelines may fluctuate according to budgeted items, department needs, emergency situations and scheduled receipts or expenditures. The Town is continuing to working on the installation of the new AMR Fixed Base Meter Reading System and hopes to be complete around the end of June to mid July. The Town will see an increase in efficiency and customer service satisfaction through the Utility Billing section after completion of the new meter reading system. Your comments and suggestions are welcome so that the Finance section can generate reports that are meaningful and will assist you in your decision making for the Town. UNRECONCILED 1. INTRODUCTION 2. FINANCIAL OVERVIEW CASH OVERVIEW SUMMARY COMBINED REVENUE & EXPENDITURE SUMMARY SUMMARY BY FUND 3. CASH BALANCES AND GRAPHS BANK BALANCES TEXPOOL BALANCE 4. PROPERTY TAX REPORT AND GRAPHS PROPERTY TAX REPORT THREE YEAR PROPERTY TAX COMPARISON 5. SALES TAX AND GRAPHS TOTAL SALES TAX COLLECTED PROSPER SALES TAX ALLOCATION PEDC SALES TAX ALLOCATION 6. FINANCIAL SUMMARY - General Fund Administration/Comm. 7. FINANCIAL SUMMARY - General Fund Police 8. FINANCIAL SUMMARY - General Fund Fire / EMS 9. FINANCIAL SUMMARY - General Fund Streets 10. FINANCIAL SUMMARY - General Fund Parks & Recreation 11. FINANCIAL SUMMARY - General Fund Court 12. FINANCIAL SUMMARY - General Fund Inspections 13. FINANCIAL SUMMARY - General Fund Planning 14. FINANCIAL SUMMARY - Water / Sewer 15. FINANCIAL SUMMARY - Interest & Sinking 16. FINANCIAL SUMMARY - Park Dedication & Improvement 17. FINANCIAL SUMMARY - Impact Fees 18. FINANCIAL SUMMARY - Special Revenue Fund 19. FINANCIAL SUMMARY - Capital Projects 2004/2006 Bonds 20. FINANCIAL SUMMARY - Economic Development Corporation l 1 i a ■ 2 W J U Z O U W Ir W LU O � N O 2 � Q U z Z O a LL O Z W n! e w 0 a U 3 LL 0 U m W W ' m Cl a Z Cl) LL U* A a w E a NI &MMIKi m m v a r r �(1 N 9 yEN Z p � el W N ry VC; a C q a ye Y Y V V � Ipi K m y V a a M T TX• V � F Imi O 44 U U U O 0 F m M V U 9 q � � p c w i o a M M oy j( FlO N U U u �J u O D p N h Y N [Ny N U F U p q yryU d R W q q d �jyN qpO [1 V d R W U V O V 'tl E R V H v w A N X O O d d u F O d tl tl0 N d0 C V H N p N N Y V d pl N 1 01 d H M O O Y Y b p p a O N 3 N N q E A H O H V q d O U V O W +Hi W � N A V W W O F XyL yq N O N 41 M1 9 b m O N R O C W ro V d p 2 u N 4 d V o O Y p q H Oa, q W w H F F F a o m w N � 9 L U N n ri n w N Np b \ N O V y F q � N py M q a u� ai N o m m q gp $ °` mp q a M y P W u p N � 9 � 23 O A M C p q P V �pypy a � dqi F: u .Qg Y N m .ppgi H n.. 5] pp� yx 5C. 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N w H � a.„ � �� n q a a �. z etl. � w" w" .� w q yy Mw tl N N U M M I' N S N U L U N M N pp :L as U p V tl u S Ym. q S S O O > q] F O U R > 3 N S U q F q H O F G N 3 N: S yU B vl A: H A F O H d. ryq > O H- R H W W V% M k o m � a c 0 d d W � w o ++ o m .M F � v" n H ° a 9 R m m � N ry e W d L� m n b n M �u � ae e � u H y „ a m m ry n 9„ x u tly7 q 4 W p p "q w v s o p M �H juj q > L � O [0� Z O WG � (EJ 6 M N W d � p V w U N 6 9 q J W 9 q O p > Wp N p 1� u d d O N O ul M 01 NO W Cy V N 4C E] aC p ; ; u G ry tV ry F K >...q O.> p W U p W G a` w" w a° � m a u m o a ro 0 m an n b u m N P m \ � U 11 q 0 F ] O N q n ry n q q O g a m 'm A a M O qgg qgg v n a N 0. q N N +roi q y 0%] WMA 194; It 11 v All 022 11 ilw9j NO- 9 3 LL 2 UU ui W s U N O) M W 'o a a 0 am Uo Z a O am U O 'p O aZ a u00 U p NIW N N N N L a R 0 U N LL d m m N 0 R vo d IL y c 0 c a m a Bank Accounts - Bal Sheet General Fd 537,775 Water Fd 110,698 1 & S Fd 177,540 2001 Bond 20,680 Saddle Ck 759,023 Spec Rev 57,479 Impact Fees 288,969 Parks 302,629 2004 Bond 5,094 Escrow 206,799 EDC 121,035 total Banks 2,587,721 TexPool / TexStar Account-Bal Sheet Gen Fd TP 2,777,459 Gen Fd TS 93,935 Water Fd TP 2,682,419 1 & S Fd TP 1,283,102 04 Bond TP 1,886,972 06 Bond TS 9,489,596 Parks TS 397,558 Escrow TS 350,556 EDC TP 566,517 EDC TS 605,915 Impact Fee TS 2,227,578 Total Gov't Pools 22,361,607 3 (a) PROPERTY REPORT THREE . PROPERTY .•. . COMPARISON Ei TOWN OF PROSPER PROPERTY TAX COLLECTIONS REPORT May-07 TAX YEAR BEGINNING BALANCE . COLLECTIONS CHANGES +/- ENDING BALANCE TAXES P&I TOTAL 2006 2,831,414.46 2,737,799.02 20,479.71 2,758,278.73 81,475.11 175,090.55 2005 21,003.49 65,338.89 3,676.10 69,014.99 56,033.00 11,697.60 2004 5,682.69 3,022.08 1,356.58 4,378.66 (1,171.90) 1,488.71 2003 766.46 262.17 168.07 430.24 (61.09) 443.20 2002 728.17 66.01 66.01 (60.30) 601.86 2001 2,063.34 0.03 0.03 (67.86) 1,995.48 2000 1,837.56 - 1,837.56 1999 37.08 - 37.08 1998 50.86 - 50.86 1997 31.47 - 31.47 1996 28.64 - 28.64 1995 25.94 - 25.94 1994 102.12 - 102.12 1993 140.81 - 140.81 1992 284,34 - 284.34 1991 227.18 - 227.18 TOTALS 2,864,424.61 2,806,488.17 25,680.49 2,832,168.66 1,146.96 36 194,083.40 CURRENTLEVY LEVY @ 10/01/06: 2,831,414.46 ADJUSTMENTS 81,475.11 TOTAL LEVY @ 05/31/07 2,912,889.57 COLLECTED TO DATE 2,737,799.02 UNCOLLECTED TO DATE 175,090.55 • OF LEVY COLLECTED BEF. ADJ 96.69% • OF LEVY (ADJ) COLLECTED 93.99% • OF LEVY COLUED @ BEF ADJ 0.00 % OF LEVY COLUED @ L,tl3'L,1 fitS.6li VALUATION 194,083.40 TAXABLE PROPERTY @ 10/01/06: 567,194,7 (includes Rendition Penalty) 137,7 CHANGES TO ROLL (+/-) : 16,333,E TAXABLE PROPERTY @ 05/31/07 583,666,1 . Entry changes with each months activity. LEVY @ 10/01/06: 33,010.15 ADJUSTMENTS 54,671.85 TOTAL LEVY @ 87,682.00 COLLECTED TO DATE 68,689.15 UNCOLLECTED TO DATE 18,992.85 OF LEVY BEF ADJ) COLLECTED OF LEVY (ADJ) COLLECTED OUTSTANDING CURRENT LEVY Tax Rate Levy Less Collected Outstanding Operations (371/6) 0.184549% 1,077,691.53 1,012,913.19 64,778.34 Debt Service(63%) 0.314268% 1,835,198.04 1,724,885.83 110,312.21 0.498817% 2.912.889.57 2.737.799.02 171, non x;r; 0.37 0.63 4 (a) % of Total % of Total % of Total Month FY 04/05 Collected FY 05/06 Collected Month FY 06/07 Collected Oct $ 72,904.47 0.82% $ 1,187.18 0.07% Oct $ 29,457.50 1.03% Nov $ 29,279.19 1.86%, $ 51,306.76 3.07% Nov $ 70,460.97 2.46% Dec $ 594,721.95 37.83% $ 665,598.53 39.89% Dec $ 906,001.34 31.63% Jan $ 433,086.52 27.55% $ 423,246.34 25.36% Jan $ 876,903.32 30.61% Feb $ 326,359.45 20.76% $ 387,560.32 23.22% Feb $ 744,527.90 25.99% Mar $ 89,153.20 5.67% $ 34,578.18 2.07% Mar $ 114,929.76 4.01% Apr $ 12,644.95 0.80% $ 28,827.86 1.73% Apr $ 76,745.77 2.68% May $ 15,854.95 1.01% $ 17,896.93 1.07% May $ 43,138.91 1.51% June $ 27,891.01 1.77% $ 26,630.43 1.60% June 0.00% July $ 17,269.82 1.10% $ 23,375.92 1.40% July 0.00% Aug $ 9,199.84 0.59% $ 7,195.32 0.43% Aug 0.00% Sept $ 3,580.31 0.23% $ 6,076.11 0.36% Sept 0.00% YTD Totals $ 1,571,945.66 100.00% $ 1,673,479.88 100.28% $ 2,862,165.47 99.92% Collected YTD $ 2,864,424.61 Total taxes due includes delinquent 4 (b) 5 THREE (3) YEAR: SALES TAX COMPARISON TOTALCOLLECTIONS '. TOWN OF PROSPER,: TEXAS $220,000 $210,000 $200,000 $190,000 $180,000 $170,000 $160,000 - I' $150,000 :. $140,000 $130,000 $120,000 $110,000 $100,000 ` $90,000 $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 F $0 Oct -. Nov '.Dec Jan Feb' Mar Apr May June. July Aug (Sept —`—FY 04/05—°�--FY 05/O6 —s—FY 06/07 $ Amount % of Change $ Amount % of Change Month FY 04/05 FY 05/06 Inc / Dec Inc / Dec FY 06/07 Inc / Dec Inc /(Dec) Oct $ 162,388.64 $ 196,881.25 $ 34,492.61 21.24% $ 166,712.63 $ (30,168.62) -15.32°% Nov $ 117,254.15 $ 170,412.36 $ 53,158.21 45.34% $ 141,697.21 $ (28,715.15) -16.85% Dec $ 88,775.79 $ 167,516.79 $ 78,741.00 88.70% $ 116,018.11 $ (51,498.68) -30.74% Jan $ 135,443.33 $ 160,464.80 $ 25,021.47 18.47% $ 146,262.04 $ (14,202.76) -8.85% Feb $ 127,490.60 $ 165,611.73 $ 38,121.13 29.90% $ 119,028.30 $ (46,583.43) -28,13% Mar $ 126,874.48 $ 140,085.12 $ 13,210.64 10.41% $ 124,929.81 $ (15,155.31) -10.82% Apr $ 186,359.44 $ 196,971.39 $ 10,611.95 5.69% $ 96,866.94 $ (100,104.45) -50.82% May $ 171,336.62 $ 180,523.03 $ 9,186.41 5.36% $ 196,793.13 $ 16,270.10 9.01% June $ 169,918.38 $ 166,563.38 $ (3,355.00) -1.97% 0.00% July $ 205,130.37 $ 178,924.32 $ (26,206.05) -12.78% 0.00% Aug $ 179,536.87 $ 130,518.50 $ (49,018.37) -27.30% 0.00% Sept $ 203,898.91 $ 154,215.18 $ (49,683.73) -24.37% 0.00% Totals $ 1,874,407.58 $ 2,008,687.85 $ 1342280.27 7.16%, $ 12108,308.17 $ (270,158.30)-19.60% 5 (a) Town Share Town Share $ Amount % of Change am Town Share $ Amount % of Change Month FY 04/05 FY O5/06 Inc / Dec Inc / Dec Fv 06/07 Inc / Dec Inc /(Dec) Oct $ 121,791.48 $ 147,660.94 $ 25,869.46 21.24% $ 125,034.47 $ (22,626.47) -15.32% Nov $ 87,940.61 $ 127,809.27 $ 39,868.66 45.34% $ 106,272.91 $ (21,536.36) -16.85% Dec $ 66,581.84 $ 125,637.59 $ 59,055.75 88.70% $ 87,013.58 $ (38,624.01) -30.74% Jan $ 101,582.50 $ 120,348.60 $ 18,766.10 18.47% $ 109,696.53 $ (10,652.07) -8.85% Feb $ 95,617.96 $ 124,208.80 $ 28,590.84 29.90% $ 89,271.23 $ (34,937.58) -28.13% Mar $ 95,155.86 $ 105,063.84 $ 9,907.98 10.41% $ 93,697.36 $ (11,366.48) -10.82% Apr $ 139,769.58 $ 147,728.54 $ 7,958.96 5.69% $ 72,650.21 $ (75,078.34) -50.82% May $ 128,502.47 $ 135,392.27 $ 6,889.80 5.36% $ 147,594.85 $ 12,202.58 9.01% June $ 127,438.79 $ 124,922.54 $ (2,516.25) -1.97% 0.00% July $ 153,847.79 $ 134,193.24 $ (19,654.55) -12.78% 0.00% Aug $ 134,652.65 $ 97,888.88 $ (36,763.77) -27.30% 0.00% Sept $ 152,924.18 $ 115,661.39 $ (37,262.79) -24.37% 0.00% YTD Totals $ 1,405,805.71 $ 1,506,515.90 $ 100,710,19 7.16% $ 831,231.13 $ (202,618,72)-19.60% $ 1,602,000.00 Budgeted Sales Tax NOTE: Sales tax was projected at an average of $133,500 / mo. Based on the average, sales tax is 28% less than projected for this 8 month period. Budgeted: $133,500 / mo average Averging: $103,904 / mo (28.484%) 5 (b) -*- FY 04/05 -+- FY 05/06 -a-FY 06/07 EDC Share EDC Share $ Amount % of Change EDC Share $ Amount % of Change Month FY 04/05 FY 05/06 Inc / Dec Inc / Dec FY 06/07 Inc / Dec Inc /(Dec) Oct $ 40,597.16 $ 49,220.31 $ 8,623.15 21.24% $ 41,678.16 $ (7,542.15) -15.32% Nov $ 29,313.54 $ 42,603.09 $ 13,289.55 45.34% $ 35,424.30 $ (7,178.79) -16,85% Dec $ 22,193.95 $ 41,879.20 $ 19,685.25 88.70% $ 29,004.53 $ (12,874.67) -30.74% Jan $ 33,860.83 $ 40,116.20 $ 6,255.37 18.47% $ 36,565.51 $ (3,550.69) -8,85% Feb $ 31,872.65 $ 41,402.93 $ 9,530.28 29.90% $ 29,757.08 $ (11,645.86) -28.13% Mar $ 31,718.62 $ 35,021.28 $ 3,302.66 10.41% $ 31,232.45 $ (3,788.83) -10.82% Apr $ 46,589.86 $ 49,242.85 $ 2,652.99 5.69% $ 24,216.74 $ (25,026.12) -50.82% May $ 42,834.16 $ 45,130.76 $ 2,296.60 5.36% $ 49,198.28 $ 4,067.52 9.01% June $ 42,479.60 $ 41,640.85 $ (838.75) -1.97% 0.00% July $ 51,282.59 $ 44,731.08 $ (6,551.51) -12.78% 0.00% Aug $ 44,884.22 $ 32,629.63 $ (12,254.59) -27.30% 0.00% Sept $ 50,974.73 $ 38,553.80 $ (12,420.93) -24.37% 0.00% YTD Totals $ 468,601.91 $ 502,171.98 $ 33,570.07 7.16% $ 277,077.04 $ (67,539.58)-19.60% $ 500,000.00 Budgeted Sales Tax 5(c) Administration / Communications 6 d N M d d N Om u D m n \ U W m N O O b N drt „ N O, C a1 N q 0^ b J p pq"q d b N M N m e W R N: rop1 O O q o V° p p 9 p F.F O OK k�t( F F F W n H Nd f JNq Aq q.P N:O NJN N h.Ta UO m O d N m m M. gg EE SW Ftbnm iiiW EE P mOM F�.a �°°„O R N g q q p a d b y N m m W .d4 P H M V \ O b m U U m W N N N n N m1., qq F ] m N N ti y� a m m ry O O O Q y " m W q m u yq w b U N O O q yu„ 0 W A W F q V w N U V H y q U 4 q A W V V N rbi r0 q L„ V w y U N N g q H a y N G d N VLFgCW2 tltlH w wd0 :tlH q6W L OD N b�biUtlY :MUq rd'I N N.:O G U O dy ] ] O ��ff W O O pp..d w y O O ryd O N M a w t9 O F tl N ~ m rmi . 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N K M N u rt 0 N V Y p W N u a A X V V H p tlg6 N q V u Eq q u Y pp a TOWPER N OF 2004 BOND On January 13, 2004, the Town Council adopted a resolution directing that notice be published of the Council's intent to sell $10,500,000 of the Town's Combination Tax and Revenue Certificates of Obligation to fund capital expenditures of the Town. The Council's resolution specifies the following uses for the proceeds received from the sale of the Certificates of Obligation: 1. To pay costs of extending, constructing and improving Town's sewer system, including, constructing sewage lift stations, extending and upgrading sewage collection lines and force mains throughout the Town. 2. To pay costs of constructing and improving the Town's water system, including the construction of elevated and ground water storage facilities and acquiring interests in land for such storage facilities, extending the water distribution system including extending and upgrading water lines and constructing pumping stations to improve access to, and the flow of water in, the Town. 3. To pay costs of constructing and equipping municipal park improvements and acquiring interests in land for parks and open space. 4. To pay legal, fiscal, engineering and architectural fees in connection with the foregoing projects. 5. To pay costs of constructing and equipping municipal buildings, specifically: a town hall, fire stations, police facilities, court facilities and acquiring interests in land for such buildings. In connection with the Town's capital planning for these projects, the Town Staff has prepared for the Council a proposed expenditure plan, which is summarized below. The capital plan summarized below is based upon current cost estimates and proposed construction schedules, and the expenditure plan is subject to change. However, under State law, the Town may not use the proceeds of the Certificates of Obligation except for the project categories included in the resolution adopted by the Council that are listed above. The Town Council has indicated that the Town will periodically account to the citizens of the Town, using the Town web site and other means of informing the citizens, as to how the proceeds of the Certificates of Obligation are spent. The following table will be used to report expenditures. The table lists descriptions of projects and their estimated costs. In the future as expenditures are made, the table will be updated to describe the expenditures, the amount of the expenditure, and the difference between the estimated and actual costs. Difference Description of Project and Date of Description of Amount between Estimated Cost Expenditure Expenditure Expended Estimated Cost and Amount Expended Fire Station Pogue Construction $100,000.00 $ 130,248.00 $400,000 Pogue Construction $ 25,174.00 $ 105,074.00 $230,248 12/9/04 Pogue Construction $ 85,957.00 $ 19,117.00 07/31/06 $ 19,116.55 $ .45 Total $230,247.55 Status: The Town's new Central Fire Station was completed in July. A grand opening ceremony was held on September 26, 2004. This project requires no additional funding from the 2004 Certificates of Obligation. Gentle Creek Lift Station 10/27/04 Dickerson Construction $ 224,5 55.43 $1,055,494.57 and Force Main to WWTP 11/9/04 Dickerson Construction $ 80,256.00 $ 975,238.57 and CR 80 Lift Station and 12/21/04 Dickerson Construction $ 218,217.85 $ 757,020.72 Force Main to CR 122 04/05/05 Dickerson Construction $ 334,074.91 $ 422,945.81 $1,280,000 06/20/05 Dickerson Construction $ 124,446.54 $ 298,499.27 07/18/05 Freese & Nichols $ 5,304.00 $ 293,195.27 08/04/05 Freese & Nichols $ 11,328.00 $ 281,867.27 08/04/05 Dickerson Construction $ 172,255.89 $ 109,611.38 9/13/05 Dickerson Construction $ 68,447.50 $ 41,163.88 9/13/05 Freese & Nichols $ 20,400.00 $ 20,763.88 9/30/05 Freese & Nichols $ 10,584.00 $ 10,179.88 01/31/06 Dickerson Construction $ 10,179.88 $ 0 Total $1,280,000.00 Status: The Town retained Dickerson Construction Company to construct the Gentle Creek and Steeplechase Sewer Improvement Project. A sewer force main has been extended from the Gentle Creek subdivision along CR 122, CR 81, CR 48, and CR 4 to the Town's wastewater treatment plant, a sewer gravity line was constructed from the Steeplechase subdivision past CR 80 to the east property line of the Whispering Farms subdivision, and a lift station and sewer line have been constructed near the east property line of Whispering Farms to force the sewage north to CR 122. The Town Council will be asked to accept all of these improvements at their July 25 meeting. Danville/Prosper Water Improvements $84,000 Status: A portion of east Prosper currently receives water from the Danville Water Supply District. After several years, the TCEQ approved the amendment to CCN No. 12967 and the transfer of a portion of the service area of CCN No. 10190 from Danville Water Supply Corporation to Prosper, making the Town the water service provider for all of east Prosper. The transfer will involve capping a number of lines, closing a number of valves, and constructing a number of new water lines. Freese & Nichols has recommended that the work be postponed until this fall due to the additional demand that will be placed on the Town's water system by the additional customers. Town staff is working with Freese & Nichols to prepare a plan for this project that will allow the improvements to be completed just as soon as the summer demand lessens. Water Storage Tanks and 11/30/05 Freese & Nichols $ 10,841.86 $ 8,313,875.14 Pump Station at US 380 12/16/05 Freese & Nichols $ 22,116.57 $ 8,291,758.57 between Independence 01/16/06 TXU (Easements) $ 500.00 $ 8,291,258.57 Parkway & Custer Road 01/20/06 Freese & Nichols $ 95,154.97 $ 8,196,103.60 $8,046,400 02/03/06 Freese & Nichols $ 110,250.00 $ 8,085,853.60 $8,324,717 02/20/06 Freese & Nichols $ 11,537.24 $ 8,074,316.36 03/15/06 Freese & Nichols $ 7,047.73 $ 8,067,268.63 03/15/06 Freese & Nichols $ 120,015.00 $ 7,947,253.63 04/07/06 Freese & Nichols $ 74,235.00 $ 7,873,018.63 04/07/06 Freese & Nichols $ 15,971.38 $ 7,857,047.25 05/15/06 Freese & Nichols $ 52,500.00 $ 7,804,547.25 05/15/06 Freese & Nichols $ 5,837.97 $ 7,798,709.28 07/24/06 Freese & Nichols $ 5,341.73 $ 7,793,367.55 07/24/06 Red River Const $ 183,389.06 $ 7,609,978.49 08/15/06 Red River Const $ 252,424.91 $ 7,357,553.58 08/15/06 Freese & Nichols $ 5,046.10 $ 7,352,507.48 09/30/06 Freese & Nichols $ 13,112.88 $ 7,339,394.60 09/30/06 Red River Const $ 849,635.61 $ 6,489,758.99 09/30/06 Red River Const $ 494,082.78 $ 5,995,676.21 11/19/06 Red River Const $ 594,002.29 $ 5,401,673.92 11/10/06 Spiars Engineering $ 1,850.00 $ 5,399,823.92 11/10/06 Freese & Nichols $ 2,196.90 $ 5,397,627.02 11/10/06 Freese & Nichols $ 5,432.71 $ 5,392,194.31 12/05/06 W.R Hodgson $ 764,091.11 $ 4,628,103.20 12/13/06 Red River Const $ 950,626.97 $ 3,677,476.23 12/13/06 Freese & Nichols $ 5,423.23 $ 3,672,053.00 12/13/06 Freese & Nichols $ 3,417.40 $ 3,668,635.60 1/05/07 W. R. Hodgson $ 199,378.94 $ 3,469,256.66 1/05/07 W. R. Hodgson $ 496,636.25 $ 2,972,620.41 1/19/07 Freese & Nichols $ 5,635.02 $ 2,966,985.39 1/19/07 Freese & Nichols $ 2,704.08 $ 2,964,281.31 1/19/07 Red River Const $ 260,195.39 $ 2,704,085.92 1/23/07 W. R. Hodgson $ 50,567.55 $ 2,653,518.37 2/12/07 Freese & Nichols $ 3,176.40 $ 2,650,341.97 2/12/07 Freese & Nichols $ 5,568.24 $ 2,644,773.73 2/12/07 Red River Const $ 282,792.75 $ 2,361,980.98 2/23/07 W. R. Hodgson $ 425,850.80 $ 1,936,130.18 2/27/07 Freese & Nichols $ 5,000.00 $ 1,931,130.18 3/13/07 W. R. Hodgson $ 253,116.72 $ 1,678,013.46 3/13/07 Red River Const $ 265,950.24 $ 1,412,063.22 04/09/07 Freese & Nichols $ 992.49 $ 1,411,070.73 04/09/07 Freese & Nichols $ 4,972.42 $ 1,406,098.31 04/09/07 W. R. Hodgson $ 104,328.05 $ 1,301,770.26 04/09/07 Red River Const $ 620,934.67 $ 680,835.59 04/10/07 Spiars Engineering $ 475.00 $ 680,360.59 05/02/07 Freese & Nichols $ 3,806.38 $ 676,554.21 05/02/07 Freese & Nichols $ 6,147.40 $ 670,406.81 05/02/07 Red River Const $ 166,514.45 $ 503,892.36 Status: The Town has entered into a contract with the North Texas Municipal Water District (NTMWD) to provide the Town with another source of surface water. The Town has executed contracts with Red River Construction to construct a 3 MG ground water storage tank and pump station and with Hodgson to construct a 30" water line to receive and distribute the surface water to be received from the NTMWD at a site near the intersection of Custer Road / US 380. The project is scheduled to be complete in the Spring of 2007. Town Facilities (Town Hall, Perkins & Will $ 23,339.56 $ 48,849.12 Police/Courts, Fire Station, 11/8/04 Perkins & Will $ 36,600.00 $ 12,249.12 etc) 09/30/05 Randal Scott $ 12,249.12 $ 0 $2,000,000 Total $ 72,188.68 $72,188.68 Status: To meet its current need for facilities, the Town has relocated its Police Department to 113 W. Broadway and purchased a building at 121 W. Broadway to serve as Town Hall. The construction of additional facilities is on hold. Other 2/9/07 City of Frisco $5,000.00 $503,846.32 $ 508,846.32 3/27/07 Randall Scott Architects $7,300.00 $496,546.32 05/22/07 Randall Scott Architects $6,000.00 $490,546.32 Status: A number of projects originally scheduled to be funded by the 2004 Bond proceeds were reprioritized to reallocate funds to the project to construct a 3 MG ground water storage tank, a pump station, and a 30" water line. These funds are anticipated to be used for a number of pending expenditures, including potential facility improvements, site acquisition for elevated water towers, and contributions towards several development driven water and sewer projects. Total Bond Expenditures Balance $10,500,000.00 $9,421,560.87 $1,078,439.13 Interest $ 813,390.81 $1,891,829.94 General Ledger: FY 03104 Expense $ 436,766.99 FY 04/05 Expense $ 1,116,373.81 FY 05/06 Expense $ 2,358,336.22 FY 06/07 Expense $ 5,510,083.85 Total Expenses $ 9,421,560.87 to TOW N O F PER 2006 BOND On July 25, 2006, the Town Council adopted a resolution directing that notice be published of the Council's intent to sell $12,000,000 of the Town's Combination Tax and Revenue Certificates of Obligation to fund capital expenditures of the Town. The Council's resolution specifies the following uses for the proceeds received from the sale of the Certificates of Obligation: 1. To pay costs of constructing and improving the Town's water system, including the construction of an elevated water storage tank and water distribution line. 2. To pay costs of acquiring, constructing and equipping municipal park improvements and open space. 3. To pay costs of constructing and improving roads and streets in the Town and related infrastructure. 4. To pay costs of extending, constructing and improving the Town's sewer system. 5. To pay costs of acquiring land and interests in land as may be required in connection with the purposes as described in 1 through 5. 6. To pay legal, fiscal, engineering and architectural fees in connection with the foregoing projects. In connection with the Town's capital planning for these projects, the Town Staff has prepared for the Council a proposed expenditure plan, which is summarized below. The capital plan summarized below is based upon current cost estimates and proposed construction schedules, and the expenditure plan is subject to change. However, under State law, the Town may not use the proceeds of the Certificates of Obligation except for the project categories included in the resolution adopted by the Council that are listed above. The following table will be used to report expenditures. The table lists descriptions of projects and their estimated costs. In the future as expenditures are made, the table will be updated to describe the expenditures, the amount of the expenditure, and the difference between the estimated and actual costs. Difference Description of Project and Date of Description of Amount between Estimated Cost Expenditure Expenditure Expended Estimated Cost and Amount Ex ended Project: 12/13/06 Freese & Nichols $ 5,457.81 $6,167,542.19 1.5 MG Elevated Storage 12/13/06 Freese & Nichols $ 3,351.81 $6,164,190.38 Tank and 1st Street 20" 01/19/07 Freese & Nichols $ 6,811.20 $6,157,379.18 Water Line 01/19/07 Freese & Nichols $ 9,519.69 $6,147,859.49 $6,173,000 02/15/07 Freese & Nichols $ 18,945.13 $6,128,914.36 02/15/07 Freese & Nichols $ 21,622.24 $6,107,292.12 02/27/07 Freese & Nichols $ 53,452.37 $6,053,839.75 02/27/07 Freese & Nichols $ 1,533.92 $6,052,305.83 03/19/07 G.M. Geer $ 1,350.00 $6,050,955.83 03//06/07 Mooreland Fd III 380 $ 477,850.00 $5,573,105.83 04/10/07 Freese & Nichols $ 920.00 $5,572,185.83 05/02/07 Freese & Nichols $ 18,181.50 $5,554,004.33 Status: The 1.5 MG elevated storage tank has had the design for it completed and bid for the project went out and is expected to be awarded at the Council meeting June 26, 2007. The 1" 20" pipeline design is complete and is out for bids. The bid is anticipated to be awarded at the July 24, 2007 Council meeting. Project: 03/06/07 LandAmerica Wilson $2,005,400.00 $ 0 Community Park $3r041 a99 $2,005,400 Status: March 9, 2007, Purchased 57 acres of land from PISD. Project: -- —_ Improve Prosper Trail to a four lane divided roadway from Preston Rd to Coleman. $2,800,000 Status: The Town has requested monetary consideration from Collin County for 50% matching funds on their November, 2007 bond election. Project: 3/21/07 UTRW $ 62,500.00 $ 801,220.00 Other: 04/24/07 Ferguson (6" Line) $ 10,594.79 $ 790,625.21 $863,720 04/24/07 Keys Tapping(6" line) $ 180.00 $ 790,445.21 04/24/07 Barbosa Const(6" line) $ 31,500.00 $ 758,945.21 05/31/07 Keys Tapping (6" line) $ 195.00 $ 758,750.21 05/31/07 Texas Meter $ 441.60 $ 758,308.61 05/31/07 Barbosa Const(6" line) $ 7,500.00 $ 750,808.61 05/31/07 Home Depot $ 192.50 $ 750,616.11 05/31/07 Barbosa Const(6" line) $ 3,500.00 $ 747,116.11 05/31/07 Ferguson Waterworks $ 1,028.80 $ 746,087.31 05/31/07 Ferguson Waterworks $ 347.19 $ 745,740.12 05/31/07 Ferguson Waterworks $ 45.00 $ 745,695.12 05/31/07 Texas Meter $ 235.56 $ 745,459.56 Status: The 6" pipeline from Coleman to Church is complete. The fee to UTRW is to have Prosper included the the study for the Doe Branch wastewater treatment plant. Project: Interest: $338,603.01 Status: Total Bona Expenditures $11,842,119.98 $ 2,742,656.11 General Ledger: FY 06/07 Expense $2,742,656,11 Total Expenses $2,742,645.11 Interest 53,208.28 51,608.24 53,754.19 53,867.57 48,776.01 45,488.76 41,108.26 42,320.20 (51,528.50) Due to I & S 338,603.01 Balance $ 9,099,463.87 338,603.01 $ 9,438,066.88 ■ 20 N m U U q U d n u x o � V r U U yV 9 q n H _ m A m N .m1 N m N n Fp ti N Y q N N N � s k Y v ri N y V ¢ N O q 0 gn m Yp U L 6 OS C V m m > o a F m W u F V H U U M E V O d tld N O H U W : yO n N p5M > O Y G NN aNl : O p: A m W M d `a ! O �p n dP O \ V n� o O c O OO o ti O y N N o Nq A 'y m v w el O a Q H a cl m T N GG 0 yH q m V £ m O ba o .So qo do O m oo 4N qE Y: �• U O. x ry u m uM u U M C y v li U G Y N 4 q d E q � N V rqF V A L yy O� w �U my Ey b a o. rc H a y°�� m 1y( v q o a w xm Mpy, „%YmVV aw vtlAY+OI ,qN OI 'W Nxa a \ \NU n A 41 y W F M M N N:A U q :: „ Y q. M 9 U• M A v„ y U b N rl 4 W N O d x L E .k q A ry '.ai 4 i4 m 4 0 U! Y n U r1 q. 9 i0 q q H. 4 W G y Y N •i 'i '1 N A V F 55 V +1 yN %j rl p ri yy w y U vAi vAi wm t�W P.H�N4U:�wC rn Na00W Si 4 a wp0.6 C..V WtiRW N:r1 .]FUVwF RHN a e; " " " a rl N. '1 rtm e m b RU m 0 m 0 0 0 0 b aq M M O w a P. � d p "o a e w + a v" a a .°. O rhi 'qi T ga a a C P M F Y n W E C W q 6 M W P q O �' V C s 0 O V Y O n G P o W N � G �o v m a p o w N� Y 9 b u 9 tl V as � o m x o � u ry v'� v 9 N:... N N A C a ti 0 01 ry N N P � N a.. M N u 4 m N a u A N Y N G ri �i m �+ F N.. .. Y gq $ W & m .. F e 0. a U i U q N 0. U N V E vary' U P O N A p U 9 � `a a n ...E w O a N O O W W w K H � O y5 a N w O a N „ i a ,�. o � � � �' N � a a w w 4 PLANNING TO W N, l'l SPE To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 26, 2007 Date: June 21, 2007 Anenda Item: A public hearing to consider and act upon a request to rezone 40.4± acres located on the south side of Prosper Trail, 1,500± feet east of Coleman Street to amend Planned Development-30 (Prosper Creek Estates). (Z07-11). Description of A enda Item: At the June 12, 2007 Town Council meeting, the public hearing was tabled per the applicant's request. The public hearing is open. The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan North Planned Development- Single Family Medium Density 24-Single Family-10112.5 Residential East Single Family-15; Single Single Family Medium Density Family -Estate Residential South Single Family-15 High School School West Single Family-10 Single Family Medium Density Residential Requested Zoning — Z07-11 is a request to rezone 40.4t acres located on the south side of Prosper Trail, ' 1,500t feet east of Coleman Street to amend Planned Development-30 (Prosper Creek Estates) to allow: 1. An eight -foot solid masonry wall along Prosper Trail in place of the required ornamental metal fence. 2. A six-foot masonry thin wall along the south property line. Agenda Item No. 7 - Page 1 of 3 Future Land Use Plan — The Future Land Use Plan (FLUP) recommends medium density residential for the property. The request conforms to the FLUP. Conformance to the Future Thoroughfare Plan -- The property is adjacent to Prosper Trail, a future four -lane divided thoroughfare. The zoning exhibit complies with the Future Thoroughfare Plan. Water and Sanitary Sewer Services — Water and sanitary sewer is extended to the property. Access — Access to the property will be provided from Prosper Trail and through Trails of Prosper. Adequate access will be provided to the property. Schools — This property is located within the Prosper Independent School District (PISD). The property is located north of Prosper High School and is not needed for a school site. Summary: The requested zoning conforms to the Future Land Use Plan. Prosper Creek Estates has an approved final plat and is being developed as a private street neighborhood. Due to the restricted access of the subdivision, the masonry walls are suitable for a private street development. Budget Imuact: None. Legal Obligations and Review: Legal review by the Town Attorney is not required. Zoning is discretionary. Therefore, the Planning & Zoning Commission is not obligated to approve the request. Town staff has received two public hearing notice reply forms in opposition. The two reply forms in opposition do not include 20% of the property area within 200 feet of the rezoning request. Therefore, a super majority vote for approval is not needed. Attached Documents: 1. Planned Development-30 for your review. 2. The final plat for your review. 3. Two public hearing notice reply forms. Town Staff Recommendation to the Planning & Zoning Commission: Town staff recommended that the Planning & Zoning Commission approve the requested zoning to amend Planned Development-30 as follows: E. Miscellaneous Development Standards 7. An 8 foot solid masonry screening wall may be constructed along Prosper Trail with a 10 foot landscape buffer with appropriate landscaping and irrigation required per the Zoning Ordinance. The screening wall and landscaping will be owned and maintained be the Homeowner's Association. A 6 foot masonry thin wall may be constructed along the south property line. The screening wall will be allowed to be constructed within the private street lot. The screening wall will be owned and maintained be the Homeowner's Association. Plannina & Zonina Commission Recommendation: The Planning & Zoning Commission held their public hearing for this item on May 15, 2007. The Planning & Zoning discussed the proposed amendment with the applicant. The Planning & Zoning Commission requested that additional language be added to the ordinance that requires the wood fences located on the retaining wall adjacent to the Trails of Prosper to have metal posts anchored in concrete. The applicant agreed to the request. The Planning & Zoning Agenda Item No. 7 - Page 2 of 3 Commission, by a vote of 4-0, recommends the Town Council approve the requested zoning to amend Planning Development-30 subject to: 1. Town staff's recommendation. 2. The wood fences located on the retaining wall adjacent to the Trails of Prosper must have metal posts anchored in concrete. Town Staff Recommendation to the Town Council: Town staff recommends that the Town Council approve the requested zoning to amend Planned Development-30 as follows: E. Miscellaneous Development Standards 7. An 8 foot solid masonry screening wall may be constructed along Prosper Trail with a 10 foot landscape buffer with appropriate landscaping and irrigation required per the Zoning Ordinance. The screening wall and landscaping will be owned and maintained be the Homeowner's Association. A 6 foot masonry thin wall may be constructed along the south property line. The screening wall will be allowed to be constructed within the private street lot. The screening wall will be owned and maintained be the Homeowner's Association. 8. The wood fences located on the retaining wall adjacent to the Trails of Prosper must have metal posts anchored in concrete. Agenda Item No. 7 - Page 3 of 3 TOWN OF PROSPER, TEXAS ORDINANCE NO, 06.33 t AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05.20; REZONING A TRACT OF LAND CONSISTING OF 39,076 ACRES, MORE OR LESS, SITUATED IN THE JOHN R. TUNNEY SURVEY, ABSTRACT NO. 916, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT -SINGLE FAMILY- 12.5 (PD-SF-12.5); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Parthenon Custom Homes ("Applicant") to rezone 39.076 acres of land, more or less, situated in the John R. Tunney Survey, Abstract No. 916, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS. SECTION 1; Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20, Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below -described property containing 39.076 acres of land, more or less, situated in the John R. Tunney Survey, Abstract No. 916, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development -Single Family-12.5 (PD-SF-12.5). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit "A" attached hereto and incorporated herein for afl purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development Distract shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit "C"; 3) the conceptual development plan, attached hereto as Exhibit "D"; and 4) the development schedule, attached hereto as Exhibit "E"; which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the building inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all property owners within two hundred feet (200) of the specific area to be amended. SECTION 3: No Vested Interest/Reoeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for bylaw. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance,.and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severabili . Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7. Savings/Repealin Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 11t" DAY OF APRIL, 2006. APPROVED AS TO FORM: Charles Niswa ger, Mayo ATTESTED TO AND Shanae Jennings, Town DATE OF PUBLICA TION: N4 Dallas Morning News — Collin County Addition EXHIBIT "A" Legal Description BEING a tract of land situated in the John R. Tunney Survey, Abstract No, 916, Collin County, Texas, and also be part Hof a 40.44 acre tract conveyed to Michael C. and Leann B. Perry as recorded in County Clerks No. 93-0104760 of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod for corner at the southwest corner of a tract conveyed to Collin County as recorded in Volume 5061, Page 1576, D. R. C. C. T., said iron rod being South 2 degrees 05 minutes 50 seconds West a distance of 50.01 feet from the northwest corner of said 40.44 acre tract, said iron rod also being at the the northeast corner of Lot 9, Block J, The Trails of Prosper, on addition to the City of Prosper according to the plat there of recorded in Cabinet N, Page 827, plat Records of Collin County, Texas, said iron rod being in the South Right Of Way line of County Road No. 48; THENCE South 89 degrees 21 minutes 40 seconds East following south ROW line of County Road No. 48 a distance of 0.63 feet to a 112 inch iron rod . set for corner; THL'NCE South 88 degrees 50 minutes 23 seconds East following the south ROW line of said County Road No. 48 a distance of 1059.79 feet to a 112 inch iron rod set for corner; THENCE South 00 degrees 29 minutes 22 seconds West passing at 352.42 feet a 112 inch iron rod found at the northwest corner of Lot 1, Block A, Preston Lakes, on addition to the City of Prosper, according to the plat thereof recorded in Cabinet 0, Page 735, P. R. C. C. T., continuing then along the west line. of said Block A, continuing in all a distance of 968.67 feet to a 112 inch iron rod found for corner at the southwest corner of Lot 7 of said Block A; THENCE South 00 degrees 23 minutes 57 seconds West a distance of 605.50 feet to a 112. inch iron rod set for corner; THENCE North 89 degrees 37 minutes 24 seconds West a distance of 1083.04 feet to a 112 inch iron rod found for corner at the southeast corner of The Trails of Prosper, Section Il as recorded in Cabinet P, Page 644, P. R. C. C. T.; THENCE North 00 degrees 39 minutes 41 seconds East following the east line of said The Trails of Prosper Section II and the east line of The Trails of Prosper a distance of 911.61 feet to a 112 inch iron rod found for corner; THENCE North 2 degrees 05 minutes 50 seconds _Fast following the east line of The Trails of Prosper a distance of 677.37 feet to the POINT OF BEGINNING and containing 1,702,142 square feet or 39.076 acres of land. t jai .a? P PROSPER CREEK ESTATES Pb SF-10 39.06 ACRES 77 LOTS (10,000 S.F. MINIMUM) TOWN OF PROSPER, TEXAS LETTER OF INTENT This property will be developed under the progressive and innovative plan for Residential allowing for a Gated Community. The property will be developed under the Town of Prosper Guideline for Planned Development Single Family 77 residential lots. The plan will provide for passive open space. The Open Space will preserve the majority of the natural vegetation and water features. Ultimate buildout will generate approximately $36,000,000± additional tax base to the Town of Prosper, Collin County and P.I.S.D. This tax base substantially exceeds the cost of services provided. The development will provide for upscale residential development along with sensitivity to Open Space. QAFHmTafU'roWa CreekEffumg fetter hAeut_doc Town of Prosper F Exhibit C: Planned Development Standards Prosper Creek Estates PD•SF12.5 A. General This Planned Development District contains approximately 40.443 acres of land, as described in Exhibit "A". This Planned Development Ordinance permits a maximum density of 1.91 single family residential units per gross acres of land (see attached Exhibit "D"), or a maximum of 77 single family residential lots. The development standards for the aforementioned housing types are outlined within this text or as set forth in the SF-12.5 Zoning District of Zoning Ordinance 05-20 and the Subdivision Ordinance 03-05 as they exist or may be amended, if not specifically ad -dressed herein. The use and development of the subject property shall generally conform to Exhibit "D" allowing for modifications and variations that follow sound and reasonable engineering practices or design refinements. B. Permitted Uses The uses permitted within this Planned Development District are those permitted in the SF-12.5 District of Zoning Ordinance 05-20 as it exists or may be amended. C. Lot Distribution The lot sizes developed on this property shall generally conform to the lot size distribution shown on Exhibit "D". The lot size distribution shall -be as follows: 1. 10,000 square feet— a maximum of 5 lots. 2. 12,500 square feet -- 37 Lots 3. 15,000 square feet— a minimum of 35 lots D. Lot Dimensions and Regulations The 10,000, 12,500, and 15,000 square foot shall be subject to the following regulations: 1. Minimum lot width = 80 feet 2. Minimum lot depth =125 feet 3.1. Minimum dwelling unit floor area = 3,000 square feet 4. Minimum front yard setback = 25 feet 5. Minimum side yard setback = 8 feet, 15 feet adjacent to a side street 6. Minimum rear yard setback = 25 feet 7. Maximum lot coverage = 55% 8. Maximum building height = 2'/ stories or 40 feet E. Miscellaneous Development Standards 1. All Garage doors shall side entry. Front entry garage doors will only be permitted if the Garage is set back an additional,10 feet from the front of the main structure on the same lot. 2. The maximum block length shall be 1,600 linear feet. 3. The maximum cul-de-sac length shall be 1,000 linear feet for lots of 15,000 square feet or larger. For lots smaller than 15,000 square feet, the maximum cul-de-sac length shall be 600 linear feet. 4. Landscape medians, Easements and Common Area Open Space Lots, as depicted on Exhibit "C", shall be common areas to by maintained for landscaping, screening, and pedestrian access purposes by the Mandatory Homeowners' Association. 5. A minimum 10 foot wide landscape buffer, will be provided along Prosper Trail for screening purposes. This landscape buffer will be owned and maintained by the Mandatory Homeowners Association. 6. Gated communities with private streets, (developed to Town Standards) will be permitted within this planned development district. A gated community with private streets is subject to the following requirements: a. Private Street Developments shall have a homeowners' association. The homeowners' association shall own and be responsible for the maintenance of private streets and appurtenances (such as alleys, storm sewer, etc...). The homeowners' association shall provide for the payment of dues and assessments required to maintain the private streets and appurtenances. The homeowners' association documents must be submitted to the Town for review and must be approved by the Town Administrator prior to final acceptance of the subdivision. The approved document must be filed for record concurrently with the filing of the final plat. b. The homeowners' association documents must establish a reserve fund for the maintenance of private streets and other improvements such as common greenbelts, security station structures and equipment, and other significant homeowners' association infrastructure. This reserve fund shall not be commingled with any other homeowners' association fund. The developer shall submit an independent reserve study to the Town for review. The reserve study shall be prepared by a professional third party. Final acceptance of the subdivision will occur only after approval of the reserve fund study by the Town Administrator or designee. Upon approval of the reserve fund study, the developer and/or homeowners' association shall maintain the reserve fund in accordance with the reserve fund study. Annual reviews of the status of the reserve fund shall be performed by a certified public accountant firm to verify compliance with the approved reserve study. A copy of this review shall be submitted to the Town for review. If the private streets are ever converted to public streets, the reserve fund shall become the property of the Town. c. Every owner of a lot within the gated community with private streets shall be a member of the homeowners' association. The declaration of covenants, conditions and restrictions, or comparable homeowner association document(s) (°Declaration") shall provide, but shall not be limited to, the following: i. The homeowners' association documents must indicate that the streets within the development are private, owned and maintained by the homeowners' association and that the Town has no obligation to maintain or reconstruct the private streets. ii. The homeowners' association documents shall include a statement indicating that the Town may, but is not obligated to, inspect private streets and require repairs necessary to insure that the same are maintained to Town standards. iii. The homeowners' association may not be dissolved without the prior written consent of the Town Council, which consent shall not be withheld by the Town if it determines that an adequate reserve fund exists. iv. The Declaration shall provide that the Town shall have all lien, assessment and/or enforcement rights granted therein to the homeowners' association and that the Town shall have the ability to enforce the liens and assessments, and avail itself of any other enforcement actions available to the Town pursuant to State and/or Town law or regulations. The Declaration shall also provide that under no circum,tances shall the Town be liable to the homeowners' association or any property owner or their respective heirs, executors, administrators, devisees, personal representatives, successors or assigns for any maintenance, construction or acts, negligent or otherwise, relating in any manner to maintenancefof the private streets or for failure to perform such maintenance, construction or act. v. No portion of the Declaration pertaining to the maintenance of the private streets or the reserve fund may be amended without the written consent of the Town. e. Should the homeowners' association fail to carry out its duties as specified in this Ordinance, the Town or its lawful agents shall have the right and ability, after due notice to the homeowners' association, to perform the duties required by this or any other Ordinance, regulation or agreement with the Town in order to bring the homeowners' association into compliance therewith. The Town or its lawful agents shall have the right and ability, after due notice to the homeowner's association to assess the homeowners' association for the full amount owed and/or assess the property owners on a pro rata basis for all costs incurred by the Town in performing said duties if the homeowners' association fails to do so, and said assessment shall constitute a lien, in favor of the Town, upon the property which the assessment is made. The Declaration shall specifically give the Town the authority to take the actions set forth in this paragraph. f. The homeowners' association documents shall note that certain Town services may not be provided in Private Street Developments. The services that may not be provided include, but are not limited to: police enforcement of traffic and parking ordinances and preparation of accident reports. Depending on the characteristics of the proposed development other services may not be provided. g. The homeowners' association documents shall contain a provision that requires the homeowners' association to provide unrestricted access to emergency vehicles, utility personnel, the U.S. Postal Service, and governmental employees, agents, or representatives in pursuit of their official duties. Gate access codes shall 'be provided to emergency personnel. h. The homeowners' association and its members shall be responsible for providing unrestricted access to emergency vehicles, utility personnel, the U.S. Postal Service and governmental employees, agents, or representatives in pursuit of their official duties at all times when the gates are closed and no on -site guard is available at the gates. The Town may, but is not obligated to, accept private streets for public access and maintenance. Requests to convert Private Street Developments to Public Streets shall be subject to the following provisions: i. The homeowners' association must submit a petition signed by at least 51 percent of its members (or greater number of signatures if required by the HOA document). 1L All of the infrastructure must be in a condition that is acceptable to the Director of Public Works. iii. All security stations and other structures not consistent with a public street development must be removed by the homeowners' association, at its cost, prior to acceptance of the streets and appurtenances by the Town. iv. All monies in the reserve fund for private street maintenance must be delivered to the Public Works Department. Money in the reserve fund in excess of what is needed to bring the streets and appurtenances up to Town standards will be refunded to the homeowners' association. V. The homeowners' association shall prepare and submit a replat to the Planning Department for review. Capon approval, the homeowners' association shall file the replat to dedicate the streets and appurtenances to the Town. vi.. The homeowners' association shall modify and re -file, at its cost, the homeowners' association documents to remove requirements specific to gated communities with private streets. The Town shall review the modified homeowners' association doruments prior to their filing. Aa 11j8 � 3€4 °qe�6$55 V�gls ga'it 8g 192a 8BB : 1Eime U. qW b. a x o®© M i Fa�F� �o 0.UU Y � wq $ A `me o 1 t , 1j; yy ygyg3 t�S g -'3 uE E 2 AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in The Dallas Morning News — Metro Collin County Edition on: before me this April 17, 2006 April 18, 2006 (Lynda Black) April 18, 2006, A.D rri�iii+ii irk Kmt Oritiri$"or-t-tv tr "t* "ti"�ii tri x_xxr rx a x sca9..ar._.�nrw.,sn_�xxEesRs2WFp_nn.,.nn. Ytlk2Y2kNYYirr k kki rY2Yr rrrF°ftrrrrrtrrrrer�r��*rri����rrrrt�� ¢�xs.s__sxWAW...,.,.oa.,,W�zezaec 3AA�A5AAA�AAAA��A����s�s�;Si���sx3���ss>+ MINIMUM NUMM 1: SOON95@ r r 0118 llIIyy }, 01Y I, INS, � it .la [�[� Iy�l�ayyL� �j 5 iL� � i1 4 X � 9 O �iP�dy:eli{t�17a'.3_�24r4 % y�,y �h 1y _ .,ATA�I„r—.'; �1kT ! �l-�'i�4x1191 , ,9I :Jp9IAI�"y� `g��II'S1I-. 94J9$J�§'I fiikAJ3���i!R +}]R77 519Jfel gq tl A � 9J,9J,9.I �9I 'I'IJ z7�l .4?i?t �tH,91 PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z07-11: The Town of Prosper has received an application to rezone 40.4± acres to amend Planned Development-30 (Prosper Creek Estates) to include an eight foot masonry wall along Prosper Trail and a six foot masonry wall along1he south property line. LOCATION OF SUBJECT PROPERTY: The property is located on the south side of Prosper Trail,1,500± feet east of Coleman Street. DESCRIPTION OF THE REQUEST: The requested zoning would allow the development of an eight foot (8) masonry wall along Prosper Trail and a six foot (6) masonry wail along the south property line. k0 I OPPOSE the request as described in the notice of public hearing. ❑ I DO NOT OPPOSE the request as described in the notice of public hearing. (ATTACH ADDITIONAL SHEETS IF NECESSARY): JUP 1110 Name (please print) AeI A!e Address .01 , ,-O—A Z A 7.5-a-797 City, State, and Zip Code :3 ! Ow'-7 Date E-mail Address ;ISPER OWN OF REPLY FORM PLANNING DEPARTMENT P.O. sox 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z07-11: The Town of Prosper has received an application to rezone 40.4 acres to amend Planned Development 30 (Prosper Creek Estates) to include an eight foot masonry wall along Prosper Trail and a six foot masonry wall along1he south property line. LOCATION OF SUBJECT PROPERTY: The property is located on the south side of Prosper Trail, 1,500t feet east of Coleman Street. DESCRIPTION OF THE REQUEST: i- The requested zoning would allow the development of an eight foot (8') masonry wall along Prosper Trail and a six foot (6) masonry wall along the south property line. rp, I OPPOSE the request as described in the notice of public hearing. c I DO NOT OPPOSE the request as described in the notice of public hearing, 6 h t Name (please print) Address City, State, and Zip Code Date �h E-mail Address PLANNING S PE'. R, To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 26, 2007 Date: June 22, 2007 Agenda Item: A public hearing to consider and act upon a request to rezone 15.3± acres of land located on the northeast corner of Fifth Street and the BNSF Railroad, from Downtown Commercial (DTC) to Industrial (1). (Z06-15) Description of A enda Item: At their May 22, 2007 meeting, the Town Council tabled the public hearing to their June 26, 2007 meeting to allow the Town Council to hold a public hearing and adopt an ordinance to rezone this property to Downtown Commercial (DTC). On June 12, 2007, the Town Council adopted an ordinance rezoning the property to Downtown Commercial (DTC). Town staff has contacted the applicant to discuss the options of withdrawing this zoning request or moving forward with the zoning request for Industrial (1). The applicant requested to table the public hearing to July 10, 2007 to allow for adequate time to consider their options. Town staff requests the Town Council to table the public hearing to the July 10, 2007 Town Council meeting. Attached Documents: No attachments. Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council table the public hearing to the July 10, 2007 Town Council meeting. Agenda Item No. 8 - Page 1 of 1 PARKS & RECREATION To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 26, 2007 Date: June 22, 2007 Agenda Item: A public hearing to consider and act on a resolution designating the Interim Town Manager as the project official/representative to act on behalf of Town in dealing with Texas Parks & Wildlife for the purpose of participating in the Texas Parks & Wildlife Outdoor Recreation Grant Program; certifying that the applicant is eligible to receive program assistance; certifying that the applicant matching share is readily available; dedicating the proposed site for permanent and public park and recreational uses; and certifying that the application will be submitted to the appropriate regional council of governments for the Texas review and comment (TRACS) review. Description of Agenda Item: The Parks and Recreation Board is in the process of drafting an application to be submitted to the Texas Parks and Wildlife Department requesting funds to assist in the development of Folsom Park. The Program provides 50% matching funds. The maximum amount which may be applied for is $400,000. The application process requires that the Town Council hold a public hearing and approve a resolution authorizing submittal of the application and designating a project representative as a point of contact for program review and performance. The attached resolution designates the Interim Town Manager as the representative and authorizes him to submit the application. Deadline for submittal is July 31, 2007. Budget Impact: There are no significant budget implications associated with this item. Leval Obligations and Review: There are no legal obligations or review by the Town Attorney required. Attached Documents: A resolution authorizing the Interim Town Manager to submit an application to the Texas Parks and Wildlife Department Outdoor Recreation Grant Program for partial funding toward the development of Folsom Park. Parks and Recreation Board Recommendation: At their June 21, 2007 meeting, the Parks and Recreation Board recommended that the Town Council approve the resolution authorizing the Interim Town Manager to submit an application to Agenda Item No.9 - Page 7 of 2 the Texas Parks and Wildlife Department Outdoor Recreation Grant Program for partial funding toward the development of Folsom Park by a vote of 5-0. Town Staff Recommendation: Town staff recommends that the Town Council hold a public hearing and approve the resolution authorizing the Interim Town Manager to submit an application to the Texas Parks and Wildlife Department Outdoor Recreation Grant Program for partial funding toward the development of Folsom Park. Agenda Item No.9 - Page 2 of 2 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, (HEREAFTER REFERRED TO AS THE "TOWN") HEREBY DESIGNATING THE INTERIM TOWN MANAGER AS PROJECT OFFICIAL/REPRESENTATIVE TO ACT ON BEHALF OF THE TOWN IN DEALING WITH TEXAS PARKS & WILDLIFE (HEREAFTER REFERRED TO AS THE "TPW") FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION AND PARKS ACCOUNT OUTDOOR RECREATION GRANT PROGRAM (HEREAFTER REFERRED TO AS THE "PROGRAM"); CERTIFYING THAT THE TOWN IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE TOWN'S MATCHING SHARE IS READILY AVAILABLE; DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES; AND CERTIFYING THAT THE APPLICATION HAS BEEN SUBMITTED TO THE APPROPRIATE REGIONAL COUNCIL OF GOVERNMENTS FOR THE TEXAS REVIEW AND COMMENT (TRACS) REVIEW. WHEREAS, the Town of Prosper is fully eligible to receive assistance under the Program; and WHEREAS, the Town of Prosper is desirous of authorizing an official to represent the Town in dealing with TPW concerning the Program NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: That the Town hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. SECTION 2: That the Town hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the Town hereby authorizes and directs its Interim Town Manager to act for the Town in dealing with TPW for the purpose of the Program, and the Interim Town Manager is hereby officially designated as the representative in this regard. SECTION 4: That the Town hereby specifically authorizes the Interim Town Manager to make application to TPW concerning the site to be known as Folsom Park in the Town of Prosper for use as a park site and is hereby dedicated for public park and recreation purposes in perpetuity. SECTION 5: That the Town hereby certifies that a copy of the application will be submitted to the appropriate regional council of governments for Texas Review and Comments System consideration. Introduced, read and passed by affirmative vote of the Town Council on the 26th day of June, 2007. Charles Niswanger, Mayor ATTEST: Matthew Denton, Town Secretary J r ADMINISTRATION Regular Meeting Prosper Town Council June 26, 2007 - 6:00 p.m. To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Kevin Carruth, Interim Town Manager Re: Annexation of approximately 6.419 acres of land generally located on the southwest corner of Prosper Trail and North Coleman. Description: Council accepted the petition for the voluntary annexation of approximately 6.419 acres of land located on the southwest corner of Prosper Trial and North Coleman at their May 22, 2007 meeting. This is the first of two public hearings required to annex the property. Following is a service plan for the property Recommendation: Staff recommends that Council receive any input at the public hearing. Following the public hearing, no Council action is required. Agenda Item No. 10 TOWN OF PROSPER. TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. 07-xx DATE OF ANNEXATION ORDINANCE: July 24, 2007 ACREAGE ANNEXED: Approximately 6.419 acres SURVEY, ABSTRACT & COUNTY: Collin County School Land Survey, Abstract 147, Collin County CURRENT PROPERTY OWNER: Lattimore Matterials MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: A. POLICE SERVICE PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. B. FIRE SERVICE I. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES I. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES. 3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN. D. PLANNING AND ZONING SERVICES THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN. E. PARK AND RECREATION SERVICES 1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER. THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. 3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE TOWN. 4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION 1. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANCE. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY, CHANGES AND SO FORTH. G. STREETS I. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES. H. WATER SERVICES 1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 '/Z) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. I. SANITARY SEWER SERVICES 1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES, UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS. 3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE- HALF (4-1/2) YEARS AFTER THAT DATE. J. MISCELLANEOUS 1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER. 2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, 3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE, 4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE ORDINANCE. O y w a �T Y „ °o a° FEi 33 eE=� °' pia E8 Stu Lr4R iEf' R E =R £ M i .� ° it A oro pp � Ell `a yiFi a i E ue �sA3j ce�*��O 14 s�'s=��e e�g�iv58� �'�cc��n`�'-9N-9\�b•_�S �4�"' °d�.'7�� 3 SoAayIt ES Q CY Hui, _SSG"p ^ pNpD yyZ Eu�S ��Ij�w S�Si fc••G��1 <f.P 6�0 82eFf a�PP9FR O gN Yr°. A a0F�m iY 1�iY ykt� N: >__________ �Cvo ( � w � � C � � • � Y 0. ! i H V � t� "J a$ �. �c�j�j• 3�1z�1N �~�'� J.E, SMITH, LAND SURVEYOR 5269 HWY 377 SOUTH AUBREY, TEXAS M27 (940) 365-9289 EXHIBIT "'A" 6.419 Acre Tract LATTIMORE MATERIALS CO., LP All that certain tract or parcel of land lying and being situated in Collin County, Texas, part of the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO.147, and being that some tract said to contain 7.00 acres as described In a deed to Dozier Living Trust recorded in Volume 4861, page 257 of the Collin County Land Records, LESS a tract said to contain 0.577 acres conveyed to the City of Prosper and described in an instrument recorded under County Clews # 04-177886, said tract or parcel of land Is herein described as follows; to wit; COMMENCING at an 112 inch iron rod found In the center of N. Coleman Street (Old Highway No. 289) for the Northeast corner of the J.D. McElhannon 153.8 acre tract described In a deed recorded In Volume 216, page 249 of the Collin County Deed Records; THENCE with the North line of said McElhannon tract along the center of County Road No. 4, North 89 degrees 32 minutes 44 seconds West 30.00 feet to a point for the Northeast corner of said 7.00 acre tract and the Northeast corner of said record 0.577 acre tract; THENCE South 01 degrees 03 minutes 58 seconds West 45.00 feet to an 112 Inch Iron rod set on the East line of said called 7.00 acre tract for the Southeast corner of said record 0.677 acre tract and the Northeast corner and Place of BEGINNING of the premises hereinafter described; THENCE South 01 degrees 03 minutes 58 seconds West along the West line of N. Coleman Street 469.31 feet to an 112 inch iron rod set at the Southeast corner of said called 7.00 acre tract for the Southeast corner hereof, said corner being the Northeast corner of a tract said to contain 2.99 acres as described in a deed Robert F. Clarke recorded in Volume 2315, page 988 of the Collin County Land Records; THENCE North 89 degrees 34 minutes 33 seconds West 854.61 feet to an 112 inch Iron rod found on the East line of the Burlington Northern & Santa Fe Railroad right-of-way at the Southwest corner of said called 7.00 acre tract for the Southwest corner hereof, said corner being the Northwest corner of said 2.99 acre tract; THENCE along the East line of said Railroad right -of -sway, North 12 degrees 21 minutes 00 seconds East 469.72 feet to an 112 Inch Iron rod set for the Southwest corner of said record 0.577 acre tract and Northwest corner hereof; THENCE along the South line of right-of-way dedicated for County Road No. 4, South 89 degrees 32 minutes 44 seconds East a distance of 562.59 feet to the Place of BEGINNING and containing 6.419 acres of land. N'111 T 0 fir' . 0 S Pt. R�- To: Mayor and Town Council From: Matthew D. Denton, Town Secretary ADMINISTRATION Regular Meeting Prosper Town Council June 26, 2007 - 6:00 p.m. Xc: Kevin Carruth, Interim Town Manager Re: Annexation of approximately 24.296 acres of land generally located south of First Street (CR 3) and 230+ feet east of the Dallas North Tollway. Description: Council accepted the petition for the voluntary annexation of approximately 24.296 acres of land located south of First Street (CR 3) and 230+ feet east of the Dallas North Tollway at their May 22, 2007 meeting. This is the first of two public hearings required to annex the property. Following is a service plan for the property Recommendation: Staff recommends that Council receive any input at the public hearing. Following the public hearing, no Council action is required. Agenda Item No. 11 TOWN OF PROSPER, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE: NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: SURVEY, ABSTRACT & COUNTY: CURRENT PROPERTY OWNER: July 24, 2447 Approximately 24.296 acres Collin County School Land Survey, Abstract 147, Collin County Brenda Browning MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: A. POLICE SERVICE PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. B. FIRE SERVICE 1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING PERSONNEL. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES. 3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN. D. PLANNING AND ZONING SERVICES THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN. E. PARK AND RECREATION SERVICES 1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER. THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. 3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE TOWN. 4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN, BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION I. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS ORDINANCE. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE TOWN AS TO FREQUENCY, CHANGES AND SO FORTH. G. STREETS 1. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE, APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER. 2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY. 3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN. 4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES, H. WATER SERVICES 1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC, COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES, UPON CONNECTION TO EXISTING MAINS, WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 %) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER. 3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY. I. SANITARY SEWER SERVICES 1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN. 2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS. 3, AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 112) YEARS FROM THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE- HALF (4-I12) YEARS AFTER THAT DATE. J. MISCELLANEOUS 1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER. 2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE. 4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE ORDINANCE. �.. pp" 4WD) Lam 771 Nod mw 1 � JrM� _ 4 'jut,All. sh sz t. ..' - .n •.•:.:•.•. •.• y\j\ :. R• T: i• S: .� Mw :::.. e/MO . {rl �• •'�^.•r•L:.w.....s.a+-f.t�....."............................ ......r�•*•L:.'..�. *`~ Fill Eli 0 Ma i EXHIBIT "A" Page 2 of 2 Metes and Bounds Description: (20.193 Acres) BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, in Collin County, Texas, and being all of that tract of land being known as Tract I, Tract fl and IV, described by deed to Brenda Joyce Savoy (hereinafter referred to as Savoy tract) as recorded in Volume 4140, Page 127, of the Deed Records of Collin County, Texas (D_R.C.C.T.) and also being all of that tract of land described by deed to Brenda Joyce Savoy, now known as, Brenda J. Browning (hereinafter referred to as Browning tract), as recorded in Volume 5510, Page 3951, D.R.C.C.T. and also being part of that tract of land described by deed to Lelia Joyce Weems, Ronald Earl Weems, Rickie Eugene Weems and Brenda Joyce Browning recorded in Volume 3493, Page 308 and Volume 4635, Page 1690, D.R.C.C.T., said tract being more particularly described as follows: BEGINNING at a p.k. nail set for the northeast corner of said Tract IV, some being in First Street (County Road No. 3), said corner also being the northwest corner of WARREN / AVANT—GARDE ADDITION , as recorded in Volume 2006, Page 615, of the Map Records of Collin County, Texas; THENCE South 00'18'44" East, along the west line of sold WARREN / AVANT—GARDE ADDITION , a distance of 1347.15' o a 1/2" iron pipe found for the southeast corner of Tract IV of said Savoy Tract, same being the southwest corner of a tract of land described by deed to Warren Cattle Family, L.P., as recorded under County Clerk's File No. 2004--0177021, D.R.C.C.T. and also being in the north line of that tract of land described by deed to Tollway & 380—Wally, Ltd., Zero Business Park, Inc. and Whitt Properties, L.L.C., as recorded under County Clerk's File No. 20060523000700470, D.R.C.C.T.; THENCE South 89'56'45" West, along the south line of said Savoy and Browning tracts, a distance of 734.93' to a 1/2" iron rod with cap found for the southeast corner of a called 2.681 acre tract of land described by deed to Collin County, Texas, recorded under Clerk's File No. 20060313000324730, D.R.C.C.T, and also being the northeast corner of a called 12.77 acre tract of land also described by deed to Collin County, Texas, recorded in Volume 5748, Page 4400, D.R.C.C.T.; THENCE North 01'43'46" East, along the east line of said 2.681 acre tract, a distance of 261.36' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set at the beginning of a tangent curve to the left, having a radius of 5744.58', a central angle of 01'51'54", a chord which bears N00'38'25"E and a chord length of 186.99'; THENCE along said tangent curve to the left, an arc length of 187.00' to a 1/2" iron rod with a yellow plastic cap found for the northeast corner of said 2.681 acre tract, some being the southeast corner of a called 2.697 acre tract of land also conveyed to Collin County, Texas, as recorded under County Clerk's File No. 20060912001319460, D.R.C.C.T., same being in the south line of a tract of land described by deed to Perspolis Oriental Rugs of Dallas, Inc., as recorded in Volume 5889, Page 1784, D.R.C.C.T.; THENCE North 89'41'02" East, along the south line of said Perspolis Oriental Rugs of Dallas, Inc. tract and the north line of said Weems/Browning tract, a distance of 221.90' to a called 1/2" iron pipe found for the northeast corner of said Weems/Browning tract, same being the southeast corner of said Perspolis Oriental Rugs of Dallas, Inc. and also being in the west line of said Tracts I and II of said Savoy tract; THENCE North 00'17'12" West, along the east line of said Perspolis tract, a distance of 447.10' to a called 2" iron pipe found for the northeast corner of said Perspolis tract; THENCE South 89'44'02" West, along the north line of said Perspolis tract, a distance of 229,69' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set for corner, said comer being the northeast corner of a called 2.697 acre tract of land described by deed to Collin County, Texas, as recorded under County Clerk's File No. 20060912001319460, D.R.C.C.T., said corner also being the southeast corner of a called 2.597 acre tract of land described by deed to Collin County, Texas, as recorded under Clerk's File No. 20060313000324750, D.R.C.C.T.; THENCE North 01'25'45" West, along the east line of said 2.597 acre tract, a distance of 446.12', to a p.k, nail found in said County Road No. 3, said corner being the northeast corner of sold 2.597 acre tract, said corner bears N89'30'22"E, a distance of 249.61', from a p.k, nail found at the intersection of County Road No. 27 and said First Street, same being the northwest comer of said 2.597 acre tract; THENCE North 89'30'22" East, along First Street, some being the north line of said Savoy and BrowninalfiCHAELB. tracts, passing a 1/2" iron rod with cap found, at a distance of 11.88% a p.k. nail found at a distanc of 24.70', a a p.k. nail found at a distance of 236.84', a a p.k. nail found at a distance of 399.00'and passing a p.k. nail found, at a distance of 498.00' and continuing in all a total distance of 738.79' to the POINT OF BEGINNING and containing 20.193 acres of land, more or less. DATE: 04/30/07 SCALE: 1" = so' CALL. BY: C.S.H. DRAWN BY: C.S.H. JOB NO.: 2007-0015-1 Annexation Exhibit 20.193 Acres Collin County School Land Survey Abstract No. 147 Collin County, Texas North Texas Surveying, L.L.C. Registered Professional Land ftmeyrors 1515 South McDonald St., Suite 110, McKinney, Tx. 75069 Ph. (469) 424-2074 Fax: (469) 424-1997 www.northtexassurveying.com ADMINISTRATION I W INN 0. P E To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Re: Canvassed voting results for the Runoff Election held on June 16, 2007 Date: June 26, 2007 Council Meeting Agenda Item: Consider and act upon an ordinance to receive and accept as true and correct the Canvassed voting results for the Runoff Election held on June 16, 2007 as presented by the Town Secretary and hereby declare the results of the election be set forth in an ordinance and that said ordinance should be adopted. Description of Agenda Item: The attached ordinance is to receive the official Canvas of election returns for the June 16, 2007 Town of Prosper Runoff Election results for the purpose of Council Member Place 2. Budget Impact: N/A Attached Documents: a) An ordinance to receive and accept the Canvassed voting results. b) Combined Early Voting and Election Day accumulated totals. c) Certification of Votes from the Collin County Elections Administration Board, Committee and/or Staff Recommendation: Town staff recommends Council move to accept as true and correct the Canvassed voting results for the Runoff Election held June 16, 2007 as presented by the Town Secretary and hereby declare the results of the election to be as set forth in ordinance and that said ordinance should be adopted. Agenda Item No. 12 TOWN OF PROSPER, TEXAS ORDINANCE NO.07-xx AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF THE RUNOFF ELECTION OF DUNE 16, 2007; FOR THE PURPOSE OF ELECTING ONE MEMBERS OF THE PROSPER TOWN COUNCIL, PLACE 2; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas, held a Runoff Election on June 16, 2007 for the purpose of electing Councilmember Place 2 to the Prosper Town Council; and WHEREAS, a Canvass of the Runoff Election returns was conducted on June 26, 2007; and WHEREAS, it was found that the persons herein named received the following votes for said term of office on the Prosper Town Council of the Town of Prosper, Texas: Place 2 Number of Votes Kenneth Dugger 192 Joe Anselmo 180 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: Section 1. The findings set forth above are incorporated into the body of this ordinance as if fully set forth herein. Section 2. Kenneth Dugger is hereby declared to be elected Council Member Place 2. Section 3. The Prosper Town Council hereby finds and determines, as a result of the Canvass, held on June 26, 2007, that a combined Election Day and Early Vote total of 372 votes were cast in the Runoff Election, with 157 early voters and 215 Election Day votes for the Runoff Election held on June 16, 2007. Section 4. It is hereby declared that the Town of Prosper approves and accepts the results of the Runoff Election as set forth in the Election Returns Sheet attached, as determined by the majority vote of the qualified voters of the Town of Prosper. Section 5. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation' if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Section 6. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. Section 7. This Ordinance will become effective immediately upon its passage by the Town Council of Prosper. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THIS 26rh DAY OF JUNE, 2007. CHARLES NISWANGER, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: MATTHEW D. DENTON, TRMC TOWN SECRETARY DATE OF PUBLICATION. , Dallas Morning News —Collin County Addition STATE OF TEXAS § CANVASS OF THE CITY OF PROSPER RUNOFF ELECTION COUNTY OF COLLIN § June 16, 2007 I, Sharon Rowe, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots. 1, therefore, make the following report of my findings from the June 16, 2007 City of Prosper Runoff Election that was held in Collin County, Texas. I hereby certify the results to be a full, true and correct tabulation, audit and count of the votes cast in the said election. WITNESS, my hand on this the 22nd day of June 2007. S aron Rowe Elections Administrator Collin County CERTIFICATE OF ELECTION IN THE NAME AND BY THE AUTHORITY OF THE TOWN OF PROSPER, TEXAS THIS IS TO CERTIFY, That at a special election held on the 16th day of June, A.D., 2007 KENNETHDUGGER was duly elected TOWN OF PROSPER, COUNCIL PLACE 2 In testimony whereof, I have hereunto signed my name and caused the Seal of Prosper, Texas to be affixed, this the 26th day of June, A.D., 2007. Signature of Presiding Officer of Canvassing Authority ADMINISTRATION To: Mayor and Town Council From: Kevin Carruth, Interim Town Manger Re: 2007 Compensation Market Study Date: June 22, 2007 Agenda Item: Hear and discuss a presentation of compensation market study by Waters Consulting Group. Description of Agenda Item: Council retained the Waters Consulting Group to study current labor market information from ten benchmark cities from our area. Overall the study found that Prosper's base salaries for non -civil service employees are an average of 10.7 percent below market however current actual pay for 32 percent of non -civil service positions is competitive with the market. Civil service positions are not competitive. Prosper's benefits are generally comparable to or exceed the market. The study recommends a three phase implementation schedule over 12 months. Ted Benavides will present the study on behalf of Waters. Budget Impact: If implemented as proposed, the total cost at the end of twelve months will be $98,307. Legal Obligations and Review: NIA Attached Documents: A copy of the PowerPoint accompanies this memo. Board, Committee and/or Staff Recommendation: With the extreme growth Prosper is expected to have in the next few years, it will become increasingly important that the Town be as competitive as possible in the labor market so that we may recruit and retain the quality employees required to address that growth. 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O M fp N to r 64 6F3 Y 614 r fA r 603 69 69 EfF 0 41 O CQ V N (D O O N N r 0)r N p ti MiD N a N� o �0 N d 0 O e CM U'j f�0 CQ 06,0 MN� O p M c NI�O N C. r� C. _ Or �p _ .� �v In ( O M (0Tr co I� w � W 0 Q W S r^ 1/ J D W 0 0O O co co ao Ir- M O ~ M fa N > N r. o Op ° 10 -O co M o N O G 00N�m O QW GQ 4 C. ," N 0U0 0 T- ti W �N 0 fD OD IL Z 0, �W �o N z a atu �./ 41 C Q w 0 0 0 0 41 of O a a E�' a2 � Cv aL w_ z Q a 4)'aCL d Q Q CD 0 L2 Y Z CCL d � (D Q I0 G L i6 V c z Z z z g ea a iL +� a� 5 CL IL ^ c0 O z L O meR N H L N a C 1 v z a a m a m a m 0 j 0.P....., SPER T ,;- Administration To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Cc: Kevin Carruth, Interim Town Manager Re: Prosper Town Council Meeting — June 26, 2007 Date: June 22, 2007 Agenda Item• Consider and act upon the appointment of a Mayor Pro-Tem and Deputy Mayor Pro-Tem. Description of Agenda Item: The Town Charter states that the Mayor Pro-Tem and Deputy Mayor Pro-Tem shall be Council Members elected by the Town Council at the first regular meeting after each election of Council Members and/or Mayor. The Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and in this capacity shall have the rights conferred upon the Mayor. The Deputy Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and Mayor Pro -Tent and in this capacity shall have the rights conferred upon the Mayor. Budget Impact: NIA Attached Documents: None. Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council nominate and appoint a Mayor Pro-Tem and a Deputy Mayor Pro-Tem. Agenda Item No. 15 - Page 1 of 1 1/ TO W N 0 Administration SPEIK- To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Cc: Kevin Carruth, Interim Town Manager Re: Prosper Town Council Meeting — June 26, 2007 Date: June 22, 2007 Agenda Item: Consider and act upon drawing lots between Place 1 and Place 2 to determine which Place shall receive a two year term and which Place will receive a three year term. Description of Agenda Item: The Town Charter states to initiate the three (3) year staggered terms, beginning with the May 2007 election, for Places 1 and 2, there shall be a drawing of lots following the election to determine which Place shall receive a two-year term and which Place shall receive a three-year term, thereafter, Places 1 and 2 shall have three-year terms. Budget Impact• NIA Legal Oblisations and Review: See above. Attached Documents: None. Board, Committee and/or Staff Recommendation: Town staff recommends that Place 1 and Place 2 draw lots to determine which Place has a two-year term and which Place has a three-year term. Agenda Item No. 16 - Page 1 of 1 ENGINEERING 4'. T7,", F SPu, To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Kevin Carruth, Interim Town Manger Re: Town Council Meeting — June 26, 2007 Date: June 22, 2007 Agenda Item: Consider and act upon 1) an award of bid to Landmark Structures I, L.P., 2) enter into a contract agreement with Landmark Structures I, L.P., regarding the construction services for the Preston Road Elevated Storage Tank and 3) approve a resolution authorizing the Interim Town Manager to execute the same. Description of Agenda Item: On February 13, 2007, Town Council discussed some architectural options and various painting schemes for the bowl and pedestal portion of the tank as well as a form liner alternative for the pedestal to include stars. A summary of these options along with computer aided renderings are provided below: Option A — Basic standard composite tank. Agenda Item No. 17 - Page 1 of 4 Option B — Includes Option A with additional paint bands on bowl and color staining of the pedestal. Option C — Includes Option B with the addition of third paint color on the bottom of the bowl and stars in the pedestal. Agenda Item No. 17 - Page 2 of 4 Option D — Includes Option C with an ashlar pattern form lined pedestal that includes horizontal bands. At that meeting, direction was given to staff to prepare the bid documents to include a Modified Option C with no painting of the pedestal and to include an alternate bid item for the painted stars on the pedestal as shown. Below is a computer aided rendering showing the final tank with the painted stars alternative. Agenda Item No. 17 - Page 3 of 4 Budget Impact: The financial impact is dependent upon the desired option selected. 1.5 MG Tank Cost Alternate: 1.5 MG Tank Cost wl Stars 2.0 MG Tank Cost Alternate: 2.0 MG Tank Cost wl Stars $2, 547, 000 ($1.70/gallon) $2, 717, 000 ($1.81/gallon) $2, 892, 000 ($1.451gallon) $3, 072, 000 ($1.541gallon) $2,400,000 is currently funded by the 2006 Certificates of Obligation Bond. The proposed cost increase will also be funded by the 2006 Certificates of Obligation Bond. Legal Obligations and Review: The contract is a standard construction contract previously approved by the Town Attorney. Attached Documents: The following documentation is being provided for review: • Bid Tabulations • Copy of Contract Agreement • Special Warranty Deed • Resolution authorizing the Interim Town Manager to execute the agreement Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council: 1) approve the bid to Landmark Structures I, L.P., in the amount of $2,892,000, 2) enter into a contract agreement with Landmark Structures I, L.P., regarding the construction services for the Preston Road Elevated Storage Tank and 3) approve a resolution authorizing the Interim Town Manager to execute the same. Agenda Item No. 17 - Page 4 of 4 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE INTERIM TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES FOR THE PRESTON ROAD ELEVATED STORAGE TANK, BETWEEN LANDMARK STRUCTURES I, L.P., AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Interim Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a contract agreement for construction services for the Preston Road Elevated Storage Tank between Landmark Structures i, L.P., and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 26th day of June, 2007. Kevin Carruth, Interim Town Manager ATTEST TO: Matthew Denton Town Secretary i� 5 � I N o�S$S N 9 "3 9 111HUHII__J� I 1 I 1 1 HU a n E U ` v c o c r m� �o� I UZm � i 1I Ti4 +4 YF N M O_ ri ny R {q fJ rt d iG Y A 0 0 O H m H �1 r'l Pl N O O S O S O N H K S O 6 5 NQ � M • "pp' � 0 �1 S O S O ���pp p 7 � � JHI 1 pp S S O O O d o o N S S S o o g � g ryQ F '$ Li pp U N N N N H b �O H 8 a3i ca w � w ud ro n s 2 1 2 Y ? W � 9 m q q } r. 113 Jy${ N A di � w � Y to n sG uT Li L-i Li — ' 00500 CONTRACT AGREEMENT AND BONDS STATE OF TEXAS § COUNTY OF § THIS AGREEMENT, made and entered into this day of and between of the County of through thereunto duly authorized so to do, OWNER, and of the City of , Party of the Second Part, hereinafter termed WITNESSETH: That for and in con ' mentioned, to be made and performed by th y o expressed in the bonds bearing even date _with, the hereby agrees with the said Party of the F' OWNE certain improvements described as follow. D., 20 , by State of Texas, acting oat the First rt, hereinafter termed the 6LDf and State of Cv. payments ankand eats hereinafter Part (OWNER), the conditions y of the Second Pa GKACTOR) mence and complete thg; r truction of and all extra work in con er the s stated in the General Conditions of the Agreement; and at his {or rl own proper expens ish all the materials, supplies, machinery, equipment, tools, superi ri fence, labor, in and oL. essories and services necessary to complete the said constr `on, in accordance w tih onditiorts 4qV S ated in the Proposal attached hereto, and in accordan tip all the General Con�lt�ons of the Ay em, t; the Supplementary Conditions, the Notice to qLdders (A� nsernent for Bids), Ineua �Uoos to Bidd 'm. and the Performance and Payment Bonds, all attacneg heret0P in accordance with the`Plans. whiclrofncludes all maps, plats, blueprints, and other drawangg: ri ,printe or..-�!rritten explanatory m Oer thereof, and the Specifications therefore, as prepare-d'bv FREE3&,AND`:.NICH0' S, INC., herein e. titied the ENGINEER, each of which has been identifieV by the CONTKACTL and:.the ENGINEER, aI :P: 'f which are made a part hereof and collectively evid incw, and constitute the entire,contraci.. `The CONTRACTOR hereby agre�_­�O_,q . a work on or after the date established for the start of work as 4 t forth in a written notice t commence work and to substantially complete all work within the time statet;xi t�s.e Proposal, subject to suc extensions of time as are provided by the General and Supplementary Condit �s The•-,QWNE.R agrees to pay t CONTRACTOR in current funds the price or prices shown in the proposal, to . h f6rms a part of s Contract, such payments to be subject to the General and Supplementary ; ract No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds Itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: By ATTEST: of the First %1 0. OWNER Nam'l-srd (please typi ry of the Second Part, CONTRACTOR Name and Title (please type or print) SFE UL WARRANTY DEED Effective Date: dvSm 20 9 0 , 200 7 Grantor: 183 Land Corporation, Inc. Grantor's Mailing Address (including county): I Cowboys Parkway Irving, Texas 75063 Dallas County Grantee: Town of Prosper Grantee's Mailing Address (including county): P.O. Box 307 Prosper, Texas 75078 Collin County Consideration: For and in consideration of the sum of TEN AND N01100 DOLL ($10.00) and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged. property; BEING all more particularly described .in Exhibit A attached hereto and made a part hereof for .all purposes. Reservations from and Exceptions to Conveyance and Warranty: This deed is executed and delivered subject to all matters of record but only to the extent such exceptions are valid and existing as of the date hereof, and standby fees, taxes and assessments by .any taxing authority for the year of2006, and subsequent years. Grantor, for the consideration and, subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise be onging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, adminisfi ators, successors, and .assigns against every person whomsoever lawfully claiming or to claim the same or any part AGREEMENT BETWEEN PROSPER. AND 104 PR[ SPER.. LTDo — Pap 1 of 3 thereof, except as to the reservations from .and exceptions to conveyance and warranty, by, through, or ender Grantor.but not otherwise. 183 LAND Name: --j Title: —1 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF COLLIIN BE FCR the undersigned authority, on this clay personally append �, l , known to me to be the persons whose games are subscribed to the 6regot g instrument; he acknowledges to me he is the duly authorizedrepresentative for the 183 Land Carps rtat on, Inc. and he executed said instrument for the purposes and oonsiderations therein expressed, GIVEN UNDER Y HAND AND SEAL OF OFFICE this � � Ir�ay of 20(i�. Notary Public in and for the State of Texas My Commission Expires. t2,,. coNNYE. M WKS QubliC� 5tete ' 1s�Y �pfsVrsli�l5 .Npp sepi9i11bW to 2008 AGREEMENT BETWEY,iv PROSPER AND 104 PROSM& LT1l. -Page 2 of 3 442061 A J� CL _ o " I IrEJM��. sr .4 jh -...... i AM ti raaw� ENGINEERING To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Kevin Carruth, Interim Town Manger Re: Town Council Meeting — June 26, 2007 Date: June 22, 2007 Agenda Item: Consider and act upon a change order to Red River Construction Company, Inc., for the Pump Station and 3 MG Ground Storage Tank Project. Description of Agenda Item: At the May 8, 2007, and May 22, 2007, Town Council Meeting, the Council tabled the change order to Red River Construction Company for additional improvements to the fire suppression system for the pump station based on staff's direction to allow adequate time for staff to complete its evaluation of alternative fire suppression measures. The existing design of the fire suppression system is for a wet sprinkler system throughout the pump station facility that can be monitored through the Town's SCADA system. Staff worked with the design engineer and the contractor on the following possible alternatives: 1. Connecting the existing wet pipe system flow meter and valve tamper switch to the SCADA system and programming necessary for the SCADA system to auto -dial the alarm monitoring station which will in turn notify dispatch. 2. Installing pull stations at each door in the chemical room. 3. Installing smoke detectors in the electrical room and pump room. 4. Providing an alternate waterless suppression system in the electrical room. The design engineer used the above referenced alternatives to obtain the following cost options from the contractor: Option 1 = $49,915: Removal of wet pipe system in electrical room. Installation of clean agent system in electrical room. Installation of smoke detectors in pump room. Autodialer for SCADA. Tying it all in with SCADA reprogramming. Option 2 = $54,896: Removal of wet pipe system in electrical room. Installation of high pressure 'CO2 system in electrical room. Installation of smoke detectors in pump room. Autodialer for SCADA. Tying it all in with SCADA reprogramming. Option 3 = 22 011: Removal of wet pipe system in electrical room. Installation of smoke detectors in the electrical room and pump room. Autodialer for SCADA. Tying it all in with SCADA reprogramming. Agenda Item No. 18 - Page 1 of 2 • _Option 4=_$24,000: Installation of smoke detectors in the electrical room and pump room, pull stations at each door in the chemical room and sprinkler head guards in the electrical room. Autodialer for SCADA. Tying it all in with SCADA reprogramming. The common element in all the proposed options is to add smoke detectors and connect the existing wet pipe system flow meter and valve tamper switch to the SCADA system and programming necessary for the SCADA system to auto -dial the alarm monitoring station. Option 1 or Option 2 provides the Town with the best level of protection of its pump station facility in the case of a fire. The existing wet flow system would knock out the entire electrical system causing the Town's water supply to be limited only to its elevated storage capacity and water well system. The wet system would also damage the expensive electrical systems that control the Town's pumping facility leading to extensive replacement costs and time delays in operations. Option 3 as proposed would completely shut off the wet system in the electrical room providing no fire protection and any incident would likely destroy the equipment. Although no damage to the equipment would be caused by water from the sprinkler heads, the Fire Department would need to use water to put out any fires therefore damaging the expensive electrical systems that control the Town's pumping facility leading to extensive replacement costs and time delays in operations. Option 4 is to keep the wet system in place and provide sprinkler head guards in the electrical room to lessen the likelihood of someone accidentally hitting the sprinkler heads causing them to go off. Once again, any damage to the expensive electrical systems will lead to extensive replacement costs and time delays in operations. Also included in this option is the additional cost to add pull stations in the chemical room and is recommended that the additional cost of $2,040 (pull station cost + 15% contractors fee) be added to any option that is selected. Based on the fact that the Custer Road pump station facility is currently the Town's only pump station facility receiving water from the North Texas Municipal District, staff is recommending consideration be given to implementing a waterless suppression system into the electrical room. Otherwise, staff recommends Option 4 in order to provide additional shielding of the sprinkler heads and pull stations in the chemical room. Budget Impact: Depending on the option selected, the cost of the change order will be funded from the 2004 CO Bonds. Please note that the cost for Options 1-3 are different then the change order estimates provided on the attachments and in the description of agenda item section above. The reason is staff is recommending that the additional cost of $2,040 (pull station cost + 15% contractors fee) be added to any option that is selected. It is already included in Option 4 so there is no change in the change order estimate. • Option 1 adding pull stations in chemical room: $51,995 • Option 2 adding pull stations in chemical room: $56,936 • Option 3 adding pull stations in chemical room: $24,051 • Option 4 including pull stations is chemical room: $24,000 Legal Obligations and Review: No legal review of this request by the Town's attorney is required. Attached Documents: Change Order Options — 2 pages Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council approve a change order to Red River Construction Company, Inc., for the Pump Station and 3 MG Ground Storage Tank. Agenda Item No. 18 - Page 2 of 2 DESCRIPTION OF CONTRACTOR'S PRICE FOR PROPOSED MODIFICATION PROJECT: Pump Station & Ground Storage Tank OWNER: city of Prosper, Texas CONTRACTOR: RED RIVER CONSTRUCTION CO. ENGINEER: Freese & Nichols ... REFERENCE: Add Film Monitnring System The Contractor proposes to make the fallowing additions, modifications, or deletions to the Work described in the Contract Documents: PROJECT NUMBER 209 Date: Jun.19, 2007 In regards to adding a Fire Alarm Monitoring System thru the SCADA system with smoke detectors in the Electrical Room and Pump Room, Pull Station In Chemical Room, and to instlall head guards in the Electrical Room, we can provide a system for the cost as follows: 1 lot Design system $2,300.00 1 lot Smoke Detectors $1,358.00 1 lot Pull Stations $1,774.00 1 lot Head Guards $928.00 1 lot Autodialer $3,154.00 1 lot Western States Installation $4,606.00 1 lot Conduit & Wire $2,443.75 1 lot Electrician $1,493.13 1 lot SCADA Reprogramming $3,000.00 0 hre Labor 14.00 $0.00 8 hrs Supervision 37.50 $300.00 40% Labor Burden $120.00 SUBTOTAL: $21,476.88 Contractor's Fee $2,170.00 Bond $363.12 TOTAL., $24,000.00 Prepared by: Red River Construction Co. ,, rreslaent DESCRIPTION OF CONTRACTOR'S PRICE FOR PROPOSED MODIFICATION PROJECT: Py" Station & Ground Storage Tank OWNER, City of Prosper, Tom CONTRACTOR, RED Rr1ER CONSTRUCTION CO. ENGINEER: Freese & Nichols REFERENCE: Add Fire Mon tarinq_Systern andlorAdd a System The Contractor proposes to make the following additions, modifications, or deletions to the Work described in the Contract Documents: PROJECT NUMBER 209 Date:.run. 7, 2007 In regards to adding a new FM20D Clean Agent Suppression System for Die Electrical room and provide an Autodialer to send signals thru the SCADA system and future phone system, we can provide Deese systems for the cost as follows: 1 lot Design systems $4,800.00 1 lot FM200 System $20,484.00 1 lot Autodialer $3,154.00 1 lot Western States Installation $0,126.00 1 lot Conduit & Wire $2,443.76 1 lot Electdclan $1,493.13 1 lot SCADA Reprogramming $3,000.00 0 hrs Labor 14.00 $0.00 24 hrs Supervision 3T50 $900.00 40% Labor Burden -- .. _$360.00 SUBTOTAL: 547,762.88 15% Contractors Fee $6,414.43 Bond $737.66 TOTAL: $49,914.97 In regards to adding a High Pressure CO2 Suppression System for the Electrical Room and provide an Autodialer to send signals thru the SCADA system and future prone system, we can provide these systems for the cost as follows: 1 lot Design systems $5,600.00 1 lot High Pressure CO2 Suppression System $19,660.00 1 lot Autodialer $3,1.04.00 1 lot Western States Installation $10,519.00 1 lot Conduit & Wire $2,443.76 1 lot Electrician $1,493.13 1 lot SCADA Reprogramming $3,000.00 0 hrs Labor 14.00 $0.00 24 hrs Supervision 37.50 $900..00 40% Labor Burden. $360.00 SUBTOTAL: $47,029.88 15% Contractor's Fee $7,054-48 Bond $811.27 TOTAL: $54,895.63 In regards to adding a Fire Alarm Monitoring System thru the SCADA system with smoke detectors In the Electrical Room (shutoff wet system) and Pump Room, we can provide a system for the cost as follows: 1 lot Design system $2,160.00 1 lot Smoke Detectors $1,368.00 1 tot Autodialer $3,164.00 1 lot Western States Installation $4,828.00 1 lot Conduit & Wire $2,443.75 1 lot Electrician $1,493.13 1 lot SCADA Reprogramming $3,000.00 0 hm Labor 14,00 $0,00 8 hrs Supervision 37.50 $300.00 40% Labor Burden $120.00 SUBTOTAL: $18,856.88 15% Contractor's Fee $2,828.53 Band $325.28 TOTAL: $22,o10.09 Prepared by: Red River ConSUltctlon Co. Dears Porter, President i ADMINISTRATION To: Mayor and Town Council From: Karen Gill, Finance Clerk Cc: Kevin Carruth, Interim Town Manager Re: Town Council Meeting —June 26, 2007 Date: June 22, 2007 A enda Item: Consider and act upon the selection of providers for group health, dental, disability, and Life/AD&D insurance. Descri tion of Agenda Item: A bid notice was posted in the Dallas Morning News, requesting RFP's for group health, dental, disability, Life, and AD&D. The RFP stated that the Town would select the lowest bid or the best value bid. There are currently two different brokers involved in our employee benefits. We requested bids with the intent of providing equivalent or better employee benefits at a lower overall cost. We also hoped to consolidate all benefits with one broker/consultant. Bids were received from the current vendors. The broker on the health and dental plans provided alternate quotes, as did two other brokers. The Town currently pays 100% of the cost of Employee Only medical and dental insurance. Employees must pay 100% of the cost of any dependent medical and dental coverage elected. Employee benefit costs continue to rise. Our current medical/dental provider is United HealthCare (UHC). They have presented a 6.3% medical rate increase, and a 5% dental rate increase. The following plan change recommendations were made because they represent the best value from the bid submissions. Medical / Dental: Recommend a change to Blue Cross Blue Shield, The medical plan mimics our existing plan design, but has lower office visit and prescription drug co -pays. The dental plan duplicates our existing dental plan. A "buy up" plan is available to those employees that would like orthodontic benefits for their children. It also provides a higher reimbursement rate for endodontic care. Short -Term & Long -Term Disability: Recommend a change to The Hartford. This change would improve the STD benefit, and duplicate the current LTD benefit. Agenda Item No. 11 Life Insurance: Recommend a change to The Hartford. This plan would provide a flat $75,000 Life and AD&D benefit to all non -safety employees. Safety (police, fire) employees would receive a flat $250,000 Life and AD&D benefit. Currently, the Town provides several individual life insurance policies for various employees, at a cost of more than $9,000 per year. With the implementation of the Hartford group Life/AD&D policy, we recommend the cancellation of the current Individual Life policies. Owners of the individual policies would be able to retain their existing policies, at their expense. Budget Impact: Implementation of the above recommended employee benefit plans would save the Town approximately $52,000 per plan year — based on current employee headcount. These changes would result in a savings of approximately $8,667 for the 06-07 fiscal year. • The BCBS medical annual cost is 20.2% lower than the UHC renewal rate. • The BCBS dental annual cost is 25.68% lower than the UHC renewal rate. • The Hartford STD annual cost is 44.76% lower than the current plan with The Standard. • The Hartford LTD annual cost is 2.96% lower than the current plan with The Standard. • The Hartford Life and AD&D annual cost is slightly higher than the cost of the current life policies with UHC and The Standard. However, we are offering a greater life insurance amount to all employees. In addition, the higher cost is offset by the fact that we would no longer be paying premiums on the Individual Life policies. Employees would realize a savings in the cost of medical and dental insurance for any dependent medical or dental coverage that they elect. Legal Obligations and Review: Legal review is not required. Attached Documents: 1. Comparison of current benefit plan costs & designs vs. plan costs & designs received from RFPs. 2. PowerPoint slides. Board Committee and/or Staff Recommendation: The Town's Finance Department recommends that the Town Council approve the vendor changes to Blue Cross Blue Shield (medical/dental) and The Hartford (STD, LTD, Life, AD&D). The benefit plans recommended represent the best value for the Town. These plans met or exceeded current benefit design, and were priced less than our current benefit plans. Finally, they provide consolidated administration via a single broker. We also recommend that the Town no longer pay for individual life policies. Agenda Item No. 18 (A 4-J a) co 0 E 0 0 Ln -La E x 0 CL 9.0 rNI c-I f q a1 O1 C0 rl D LO 0 N N M M F > " v C:? G) O CL LU 0 L) L L L L O f-+ c u O C _' s * x v� o +-� 0 v Af J , 0 c o di 41--OJ 00 . = O v, LA I- �Do 5 co ` 0 r °' o ' — ° o CD Q) C _rZ Q) I I I 0 V) +-+ 0 0 � O � ru .zlz O � � N � O LO Ln v? �3 4-' — Q sn O Z-- O u 0 4-0 C L r) -Q. E O co .c -L4 i Ln 00 O N 00 `Ln n O �t O Ln 00 .� . .. tC; M-- Ln O O rl O c7 tL C) + +R F + = 3.F 2 w C c m ❑ { V) s .� + m2 0 un � r,4 Ln S - i'" c: I I I 0 0 00 N 9 N O C� il} 01 � �th O Ln N O r r) O v >, E .� p N v p O LLJ - 4-1 4-1 1 ` ' a)vas U o = m O m o 0) — c!-' ° oL-L Ln �� ro 0- too c o o +— a ax 4-Q ) Q) '' LL (3) LL w — 0 ate-" -y C[3 ■ ; V Q Lu LU VS L I '= �n p O 1 Lr) IZI- . r Lr) � � �� CDO Lr) F�- co � � "vl- U cu s.. aJ b.0 O e- Ln tD .0 O J Z3 C Sri Ln V) m 0 O Medical Plan Renea�'Optfns;8i.{?os Plan Numbe r of i=mptoyees Marrthly Prem Per EE Per Month Total Ma,tthly Las" Total Annual [ask I %-Savings $ Savirlgs- UHC- Renewal 42 $392.72 $16,494.24 $197,930.88 -- TML Plan 42 $373.11 $15,670.62 $188,047.44 4,99% $9,883,44 jBCBS-M'!0G 033A- �� ,P $313.40 $13,16�-80 $157,953,F0 20.20% $39,97Tn Aetna - Belote 42 $271.00 1 $11,382.00 $136,584.00 1 30.99% $61,346.88 Notes 1. Highlighted plan is the recommended plan. 2. Plan was selected based on best value: a. Lower rate than incumbent carrier b. Equivalent or better plan design c. Only plan that met bid criteria d. Simplified administration Plaiti €i sign Cori'ipdrlson UHC TML K85-IV900 Aetna LTM $5,000,000 $2,000,000 55.000,000 $5,000,000 I I Deductible $250 / $500 $250 / $500 $250 / $; -W $500/$1500 Coinsur 90% / 70% 90% / 60% j .90% / 7q% 80C/0/60% OOP $1500/$3000 $1500/$3000 $1000/3000 $2000/$6000 Copay $20 $30 >=5 $20 Rx- Retail $10/$35/$60 $10/$38* i $IQ/525/$40 $15/$35/$50 Rx - Mail $25/$87.50/$1501 $25/$83 * $30/$75/$120 $45/$105/$150 Preventive $20 copay $30 co a ** I $15 $20 Pre -Ex No Yes*** Yes", Yes*** TML* 2-tier drug plan, with Specialty Druts @ $80 per 30-day supply. TML** Preventive Care = 1st $300 covered at 100%. Excess paid by employee. TML*** 12-month pre -ex clause, offset bytime employed at Prosper. NO HIPAAH BCBS*** 12-month pre -ex, but offset by HIPAA Prior Creditable Coverage. Aetna*** 12-month pre -ex, but offset by HIPAA Prior Creditable Coverage. Medical Plan Renewal Options C65ts ( Employees Pay 100 of the cost of Dependent Coverage) Savings to Employees Plan Coverage Monthly Prem Per 6E Per Month Total Annual Cost V. Savings $ savings UHC - Renewal Spouse $565.73 $6,788.76 -- -- Child(ren) $478.77 $5,745.24 -- -- :- _- Family $1,145.71 $13,748.52 -- -- I TML Plan Spouse $384.29 $4,611.48 32.07% $2,177.28 Child(ren) $384.93 $4,619.16 19.60% $1,126.08 Family $746.20 $8,954.40 34.87% $4,794.12 L CBS-M900 - & Spouse $548,52 $6,582.24 3_04% $206,52 C',,G (ren) $400.95 $4,811.40 16,25% $933.m i Farnify 949.48 11,333.76 17.13% '$2,B54.76 r Aetna - Belot e Spouse $302.00 $3,624.00 46.62% $3,164.76 Children) $198.00 $2,376.00 58.64% $3,369.24 Family $553.00 $6,636.00 51,73% $7,112.52 Med # Emps w/SP coverage 0 # Emps w/CH coverage 1 # Emps w/FAM coverage 0 Dtntall P10n R ne ,a10ption host$ I r l{r?n 4! of Employees Monthly Preen Per Et Per Month Total Monthly Cost Total Annul Cast i65avings Savings UHC - Renewal 42 $34.93 $1,467.06 $17,604.72 -- - TML Plan 42 $22.38 $939.96 $11,279.52 35.93% $6,325.20 Aetna - Belote 42 $28.10 $1,180.20 $14,162.40 19.55% $3,442.32 BC55 i!56- basic- E&W 42 $25.96 2,090.32 S-13,083.84 25,68% $4,520.88 BCBS #6A - buy up - E&W* 42 I _ $34.54 $1,450.68 $17,408.16 1 -- I -- J * Buy -Up Plan: Although the cost is higher than the UHC renewal, this plan would cover ortho for children, pay endo/perio at 80%, and has a higher calendar year max benefit. Town would pay the $25.96 cost of basic plan. Employee would pay the additional $8.58 per month. Notes 1. Highlighted plan is the recommended plan. 2. Plan was selected based on best value: a. Lower rate than incumbent carrier b. Equivalent or better plan design c. Only plan that met bid criteria d. Simplified administration Plan Design Comparison UHC j TML BM#6B- Eras iC I BCBS#6A- Bhp Aetna* I I Calendar Year Max $1,500 $1,500 $1,soo $2,000 $50 1500 Deductible $50 $50 $54 50 I Coinsurance Preventive 100% 100% 100°l0 100% 100% Basic 80% 80% 5096 80% 80% Major 50% 50% f 50% 80%J, 50% Orthodontia Lifetime Max n/a $1,500 n/a $1,500 _.I $1,500 Coinsurance n/a 50% j n/a 50% 50% *Aetna Notes: 12 month wait for major and orthodontic services. Orthodontic benefit for dependent children only. D dtal Mn Renewal Options & Costs Savings to Employees - I Plan Cnvera?e IVEonth IV Pren, Per FE Per Month Cost Total Annual I % Savings Savings UHC - Renewal Spouse $39.14 $469.68 1 Child(ren) $34.93 $419.16 T-- -- Family $77.66 $931.92 -- -- � I1 TML Plan Spouse $23.58 $282.96 39.75% $186.72 Children) $25.94 $311.28 25.74% $107.88 Family $46.34 $556.08 40.33% $375.84 Spouse Aetna - Belote $27.80 $333.60 28.97% $136.08 Children) $34.20 $410.40 2.09% $8.76 Family $62.00 $744.00 20.16% $187.92 ;E.C:BS 4 6 B - Basic • E&W Spouse $30.82 $369.84 21.26% $99.84 i Child(reny) $32.11 $385.32 8.07% 533.84 i Family $71-62 $959.44 7.78% 572.48 SC65 #6A-Buy Up • C&W EF 8.58 $102.9.6 -100.00% -$102.96 Spouse $40.15 $481.80 -14.94% - 62.64 Children) $47-84 S574,08 -26.969 - 154.92 Family $100-92 51,211,04 -29.9_5% .-5279.12 Buy -Up Plan: Although the cost is higher than the UHC renewal, this plan would cover ortho for children, pay endo/perio at 80%, and has a higher calendar year max benefit. Dent # Emps w/SP coverage 2 # Emps w/CH coverage 3 # Emps w/FAM coverage 4 4 STD Compeip�� Short -Term Disabliity Plan TRate per $10 wkIy bene#it Monthly Cost Anilual Savings Cost $ °� Standard - current 0.337 564.10 6,769.20 -- -- Standard - ALT 0.27 527.00 6,324.00 $445.20 6.58% Unum - TML 0.11 201.62 2,419.43 $4,349.77 64.26% Hartford - E&IN 0_i / 311.59. 3,739,1 t NW Mutual 0.20 421.20 5,054.40 $1,714.80 25.33% Unimerica - Belote 0.42 703.79 8,445.481,676.28} -24.76% STb Plan Design 0amparison % of Pay Max Wkly Ben Elim Period Duration Standard - Curr 60% $500 14 days 90 days Standard - ALT 60% $1,000 14 days 90 days Unum - TML 60% $1,000 14 days 11 weeks Hartford - rZW 601/3 1,000 14 days 11 weeks NW Mutual 60% $1,000 14 days 11 weeks Unimerica - Belote 60% $500 7 days 26 weeks Notes 1. Highlighted plan is the recommended plan. 2. Plan was selected based on best value: a. Lower rate than incumbent carrier b. Equivalent or better plan design c. Simplified administration RATE Guarantees: Standard = 3 Yr rate guarantee Standard (Alt) = 3 year Unum = 2 year Hartford = 3 year NW Mutual = 3 year Unimerica = 2 year 5 LTD Comparison Long -Terre Disability Plan Rate per $100 of cove;-ed salary Monthly Cost Annual Savings Cost % Standard 0.451 850.00 10,200.00 -- -- Unum -TML 0.15 274.94 3,299.22 $6,900.78 67.65% �Ha€'Llord - C )h' 0-45 824.91 9,897-C6 $302-34 2.96% NW Mutual 0.649 994.32 11,931.84 (1,731.84} -16.98% Unimerica - Belote 0.35 485.12 5,821.44 4,378.56 42.93% LTD P[an Design Comparison % of Pay Max Mthly Ben Elim Period Duration Own-Occ Standard 60% $5,000 90 days Age 65, reduces Cis 1= 12 thereafter mos, Cis 2 = 24 mos Unum - TML 60% $5,000 90 days Age 65; ADEA 1 2 Yr Reg Occ reduction 'Hartford - ESM 6 5,O00 90 days Age EIS; ADEA I Cls i = 12 tiv/SSNRA mos. CIS 2 _ 24 mos NW Mutual 60% $5,000 90 days Age 65 Cis 1= 12 mos, Cis 2 = 24 mos Unimerica - Belote 60% $4,500 180 days Age 65 w/SSNRA 2 yr Own Occ Notes 1. Highlighted plan is the recommended plan. 2. Plan was selected based on best value: a. Lower rate than incumbent carrier b. Equivalent or better plan design c. Simplified administration RATE Guarantees: Standard = 3 year rate guarantee Standard - ALT = 3 year Unum = 2 year Hartford = 3 year NW Mutual = 3 year Unimerica = 2 year 6 •' m M ICI two C •� i i i N i i Ln '� r-{ ko C L 0 OD 00 I o ooC) o oqd00oc °�N iO o"t 00 U O 00 Op I r-I M M O O p O r 4. n L N L C� O O q V� In v ou° 2 � r `° v �t crx,+p Q�� o 'V� N N N e si r•1 r-I Ln �--I m N D O a i 0 0 O G O o" I U o 0 0 o f 0 0 o O p �o o O q q C C p 0 0 0 Q rq 1,` o o O• j �, 0 O m m --I N N ; ❑4 ke ey 0 0 O O O O O aE4l � � � � LnD Ln . 0 CJiR X {n VI- Qr� S to NLOM l tO/ �O ' � m Ln 4-4 !. ro 4� F' Z 4- . 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GD R - M � f0 > > J J J J J O O ✓v C C E E E E E 'p -o C 29)MLn m ? ? > a - w ` '` o 0 0 00 0 LU Lu `u u j j — v _ L 3 c. �_ o 0 c o o � ro c To Ln Ln ,fin LA Ln 0 m mM n 0 0 0 �.mj� `�° C Zt a L T N Ln fV t N N O a���� J � E o y v a O O U L i O 0, 0 0 0 0 0 0 0 m a 0 0 0 0 0 0 0 0 0 Q H M 0 0 0 0 Ln Ln Ln Ln Ln Q s '�'' M eJ' N N N N N N N w X j, ~ 0 C Z N O LAI Ln H _2 co O a0r-i N M Ln l0 I� 00 Q1 0 CL a 0 t t C Iff ) k 2 2 / $ W \ 0 \ / / \ 0 2 n E Ln m \ )f#` §\2\k ,�}82 \\{/� }\{\\ AT £5 � Jr 7@ ° 2 $! k ® )■}}\ . )m � #e cs ^ �a ° £« ° !) !$ §f \{|\J4a $ \ ) 3 A k / ƒ 2 j � k CN l / 2 $ 2 F10.ble SON i 69 Aerbu-hts Unreimbursed Health Care expenses Dependent Day Care expenses Administrator. Worksite Benefit Plans Estimated Costs One Time Fees Monthly Annually Initial Set Up Fee $200.00 $0.00 $0.00 Annual Base Fee $0.00 $0.00 $200.00 Maintenance Fee $0.00 $6.00 $72.00 Admin Fees, $5 pepm* $0.00 $50.00 $600.00 Total Costs: $200.00 $56.00 $872.00 ** The annual FSA costs assumes a 25% participation, which is 10 employees. Estimated Annual Cost: $872 Less Estimated FICA savings: $689 Estimated NET Annual Cost of FSA benefit: $183 As participation & contributions increase in subsequent years, we expect the amount of FICA savings cover most, if not all, of the annual cost of maintaining the plan. Max Annua! Czntribs: Recommendation HCFSA $2,000 pepy DCFSA $5,000 pepy 11 tu c m ��`! 0000 0000 o "r o N q a ^ O m O M m 0 N f6 01 Ln en em0 °Q rev c m - crien c a 0 m O o m rn p G rrn ani cn 0 C ^ � n o0 -, O QLn N M a) rl m a d Y c O 0 m } w Vn O m m a ^ w W 7 4/} T , O 2 0� co L L o r r E E 3 V) m = U m al L H CI � m U C dF � � C uLn m ro l a c a s Cv ay H H vai O G p J In J W O. co r-i N ry N u'f 00 r-i L� 01 vi y m aJ off ri a Q o O O f/1 a � U 0 U Q. U 7 Q c s�. •- 'O p = at m 4- o c- 06 p 0 p Q 0 c 0 0 qj L Q L J ° 5 6 p 3 3 c -' 0 c }+ V7 C 0 0 L � ar 4- � (A a) � 0 In O U_ E 3 L ++ O ro 7 m U c u c C cu w O O Q m Z F- LU c L O ro 4� W m Z N E ZO W CU J W v J Of O a� a h LA ago m Q u LL 4- 0 4� c 3 0 E v L a3 4+ U w a x 0 a' a °' 3 c E a)CL L O m 7/1 T ,yd u CO W c s r! O 3 v� c O `" 3 c 00 OJ Ln E Ct N (!} y c � 0 0 L tI} Ln +1 Q Ln " O 9 0 U c m un to 3 N O O m m 'j U O N 4 0 O to O L 3 .Q +, O O m m Vf c aJ W -0 LA Q Z O -p E O C aJ cu41 }— N m {'A m m Ln CD LM U 0 W J W c Q m w Q H iF ADMINISTRATION To: Mayor and Town Council From: Karen Gill, Finance Clerk Cc: Kevin Carruth, Interim Town Manager Re: Town Council Meeting — June 26, 2007 Date: June 22, 2007 Agenda Item: Consider and act upon the request to implement Flexible Spending Accounts (FSA) for employees for unreimbursed health care expenses and dependent day care expenses. Description of Agenda Item: FSA plans allow employees to elect to contribute, on a pre-tax basis, a specified amount of money each year. This money is used to offset their out-of-pocket expenses for unreimbursed health care expenses (for themselves and eligible family members) and for dependent day care expenses. Eligible dependents are not required to participate in the Town's medical and/or dental plans. See attached PowerPoint slides for further detail. Budget Impact: Implementation of the Flexible Spending Plans would result in nominal costs to set up and maintain these plans. Assuming an initial participation rate of 25% (10 employees) and contributions of $75 per participant per month, annual plan year costs would be $872. In addition, any amounts that employees elect to contribute to an FSA are withheld from payroll on a pre-tax basis. Therefore, the Town does not have to pay FICA taxes on the FSA contributions made by participants. Based on the above assumptions, the Town would reduce FICA liability by $689, resulting in net first year costs of approximately $183. (The impact on the current 06-07 fiscal year budget would be $230.50. This includes the $200 one-time set-up fee.) As participation and contributions increase in subsequent years, it is expected that the increased FICA savings would equal or exceed the cost of operating the FSA plan. Legal Obligations and Review: Legal review is not required. Attached Documents: PowerPoint slides. Board, Committee and/or Staff Recommendation: The Town's Finance Department recommends that the Town Council approve the implementation of the Flexible Spending Account plans. Agenda Item No. a V) 4-j 0 L) u 1-. 0 4- LL u 0 o tin -C - L1) Lo 0 0 o + Q _ � �--+ C to 73 { � o 4-A o cu c 0 a) Ln Q) C ) m i +1 UP) .l w o C 5 _ a _ =5x • • • U.j I L.L I QJ LU I L U I L.J 1 El V) U- a a-j 0 u (l) } W C!! x 3� V {1? Q L LL a-J Q 4-a c- Q (u 0 Q) (31 0 Uri LU U- LU w 0 Q� 0 Ln �G Q) E F- CD CD Q� Q.� L ` tn 0- E w p 0 �.l 4--0 0 U ton 0 . LPL. 00 . ,1 .. Q) 11 v) •� '-P m LL m q .. ■ ■ + U. o U Noe,i �3 co \,/ E \ V * i • + X X 4-' 4- J M - �- L L 1CL 1 LU f.- ADMINISTRATION To: Mayor and Town Council From: Kevin Carruth, Interim Town Manger Re: Placement of Utilities Underground Date: June 22, 2007 Acienda Item: Discuss placement of utility lines underground. Description of Agenda Item: At the June 12 meeting Council requested that a discussion of the placement of overhead utilities be placed on the agenda. Electric deregulation and the reduction by the Texas Legislature of municipal control of municipal rights -of -way severely constrain the ability of Prosper to require the placement of overhead utility lines underground. However, there is a procedure for placing utilities underground, but the electric company is allowed to recover its costs from customers. Gerald Perrin with Oncor will give a brief presentation on the appropriate tariff. Budget Impact: Legal Obli ations and Review: The Town Attorney is reviewing the latest case law. Attached Documents: Rider underground facilities cost recovery factor tariff. Board, Committee and/or Staff Recommendation: Staff does not have a recommendation at this time. Agenda Item No;I - Page 7 of 1 Tariff for Retail Delivery Service TXU Electric Delivery Company 8.1.113elivery System Charges Sheet: 16 Applicable: As Listed in Section 6.4 Page 1 of 4 Effective Date: As Listed in Section 6.4 Revision: Original 6.1.1.16 — Rider Underground Facilities Cost Recovery Factor (UFCRF) PURPOSE This Underground Facilities Cost Recovery Factor ("Rider UFCRF") defines the procedure by which Company shall bill Retail Electric Providers (REPS) in order to collect funds from Retail Customers in a city requesting new or existing distribution facilities to be placed underground ("Requesting City") that a third party is not required to pay under Company's Tariff or applicable city ordinance to reimburse Company the costs of such improvements. The Requesting City may also request placement of transmission lines underground to the extent that Company determines that such placement is: (a) feasible; (b) consistent with the Public Utility Commission's ("PUC" or "Commission") Substantive Rules and the Electric Reliability Council of Texas' ("ERCOT") requirements; (c) able to be reimbursed to Company through a surcharge in the Requesting City; and (d) does not require Company to apply for an amendment to its CCN for permission to construct transmission line. APPLICABILITY This rider is applicable to Retail Customers receiving electric service provided by the Company within the Requesting City, whether metered or unmetered. MONTHLY RATE A separate Monthly Rider UFCRF rate shall be charged each class as set forth in the following formula and the rate for each such class shall be a surcharge applied to all premises within that class that are located within the corporate limits of the Requesting City. UFCRF„ = (FEPC„IRP„)ICYP,,. where, UFCRF„ = Underground Facilities Cost Recovery Factor for Project n FEPC„ = the Final Estimated Cost to place Project n Facilities Underground allocated to the class by the City RP„ = Recovery Period for Project n in months CYP„ = Calendar Year End Premises within the class located within Corporate Limits for Most Recent Calendar Year prior to approval of Project n 112.1 Tariff for Retail Delivery Service TXU Electric Delivery Company 6.1.1Delivery System Charges Sheet: 16 Applicable: As Listed in Section 6.4 Page 2 of 4 Effective Date: As Listed in Section 6.4 Revision: Original If there is more than one underground project approved within the Requesting City, the individual project UFCRFs for each class may be summed into one factor for billing purposes for that class such that the Total IJFCRF for the class is as follows: n TUFCRF = F UFCRFn SPECIAL CONDITIONS CAP ON OUSTANDING AMOUNTS Company is not required to underground facilities under this tariff if: A. The amount of money currently outstanding and to be repaid to Company for existing underground projects approved pursuant to this tariff and other undergrounding tariffs exceeds $20 million in total, or if the project requested by Requesting City will cause the total outstanding amount to exceed $20 million; or B. The amount of money currently outstanding and to be repaid by Requesting City to Company for existing underground projects approved pursuant to this tariff exceeds the larger of the amount equal to $10 times the total number of retail customers located within the corporate limits of Requesting City or $50,000, or if the project requested by Requesting City will cause the outstanding amount to exceed the larger of $10 times the total number of retail customers located within the corporate limits of Requesting City or $50,000. Company, at its sole discretion, may agree to underground facilities pursuant to this tariff even if the total or per customer caps have been exceeded. DETERMINATION OF COSTS AND INITIAL ESTIMATE A. Company shall submit to the City within 60 days of a written request by City a report estimating the cost to underground the facilities associated with the project identified by the City ("Initial Estimate"). The Initial Estimate shall include all of the additional costs associated with placing the facilities contained in the City's request underground, as compared to constructing standard facilities in accordance with the Company's tariffs and policies. Such additional costs shall include, but not be limited to, design, engineering, accounting, materials, labor, property taxes, ad valorem taxes, business margin taxes, franchise fees, federal income taxes, return, financing, and general administrative, overhead, and billing/collection costs. The Initial Estimate shall be accompanied by a set of workpapers sufficient to fully document the calculation of the costs to place the facilities associated with the project underground. B. The engineering study and other costs incurred by Company in creating the Initial Estimate shall be included in the Initial Estimate. Should the project, for whatever reason, ultimately not be placed underground, then City shall within 30 days of receipt of a bill or invoice from the Company, reimburse Company for the cost of developing the Initial Estimate. Company need not respond to a request to place facilities underground under this Agreement if City has failed to pay Company for the cost of developing an Initial Estimate for any prior underground project request. C. The underground facilities included in the Initial Estimate shall be sized to meet both current and future capacity requirements. 112.2 Tariff for Retail Delivery Service TXU Electric Delivery Company 6.1.1Delivery System Charges Sheet: 16 Applicable: As Listed in Section 6.4 Page 3 of 4 Effective Date: As Listed in Section 6.4 Revision: Original D. City, at its option, may perform the civil work necessary for the underground project. Such civil work shall be done to specifications provided by Company, and shall be subject to Company inspection and approval. E. City is responsible for securing any necessary easements or right-of-way that are necessary due to the project being placed underground. F. Company is not responsible for the relocation costs of other utilities resulting from the requested undergrounding project, or the costs necessary for customers to convert from overhead to underground service, and such costs shall not be included in the Initial Estimate or Final Estimate. INITIAL RECOVERY PERIOD AND INITIAL COST RECOVERY FACTORS. At the time it provides the Initial Estimate, Company shall also provide City with the year-end number of customers per rate class within City's corporate limits for the most recent calendar year. Within 20 days from receipt of the Initial Estimate, City shall provide Company with its proposed recovery period and allocation of project costs to the rate classes. Within 7 days from receipt of this information from City, Company will provide City a proposed Initial Recovery Period and Initial Cost Recovery Factors to be collected within the City to recover the costs of the project, pursuant to this tariff, or its successor. The Initial Cost Recovery Factors shall be accompanied by a set of workpapers sufficient to fully document the calculation of the Factors. FINAL ESTIMATE, FINAL RECOVERY PERIOD, AND FINAL COST RECOVERY FACTORS. The City Manager or hislher authorized representative may accept the Initial Estimate, Initial Recovery Period, and Initial Cost Recovery Factors, or request to discuss one or more of them with the Company. The Company shall negotiate in good faith with City as to the Recovery Period for the Cost Recovery Factors, but shall not be obligated to agree to a Recovery Period of more than four years. If the Initial Estimate, Initial Recovery Period, and the Initial Cost Recovery Factors are accepted by the City, then they shall constitute the Final Estimate, Final Recovery Period, and Final Cost Recovery Factors for the project. Should a different estimate, recovery period and/or cost recovery factors be agreed to by the Parties, then such estimate, recovery period, and/or cost recovery factors will constitute the Final Estimate, Final Recovery Period, and Final Cost Recovery Factors only when agreed to in writing by both parties. Unless otherwise agreed by the Parties, should the Parties be unable to agree to the Final Estimate, Final Recovery Period, and Final Cost Recovery Factors within 120 days from the date the Initial Estimate is provided to the City, the request by the City and the Initial Estimate shall be deemed to have lapsed, and a new request must be made pursuant to the provisions of this Tariff. Except as set out later in this paragraph, the Final Estimate, Final Recovery Period, and Final Cost Recovery Factors shall be final and binding on the Parties for all purposes, and are not subject to modification, re-examination, true -up, reconciliation, or any other review as to prudence, reasonableness, or in comparison to the actual costs of the project. Notwithstanding the above sentence, if City takes any action, by ordinance, rule, or otherwise, that results in increased costs to the undergrounding project, then Company may, at its sole option, unilaterally increase the Final Estimate by the increase in cost resulting from the City's action, and may unilaterally increase the Final Cost Recovery Factors so as to fully recover the additional cost by the end of the term of the Final Cost Recovery Factors. For purposes of increasing the Final Estimate and Final :Cost Recovery Factors, Company shall have the sole right to determine the cost increase resulting from City's action(s). COST RECOVERY RECONCILIATION — The Company will reconcile the actual revenue recovered pursuant to the application of the UFCRF to the amount of the Final Estimate and 112.3 Tariff for Retail Delivery Service TXU Electric Delivery Company 6.1 J Delivery System Charges Sheet: 16 Applicable: As Listed in Section 6.4 Page 4 of 4 Effective Date: As Listed in Section 6.4 Revision: Original apply the difference to the next project approved by the City. If the City does not approve another project within 3 months of this reconciliation, the following shall occur: (A). in the case of an over -recovery, the Company shall determine refund factors using the UFCRF formulae above to be credited during its next full billing cycle; or (6) in the case of an under -recovery, the Company shall invoice the City for the under -recovery amount and the City shall pay that amount within 35 days. AGREEMENT An Agreement for Underground Facilities and Cost Recovery between Company and Requesting City, attached hereto, is required. MODIFICATION OF RATE SCHEDULE. Should City, any other regulatory authority, or any court modify, eliminate or void some or all of this Rate Schedule 6.1.1.14 — Rider Underground Facilities Cost Recovery Factor (UFCRF) in such a manner that it is no longer acceptable to Company, then Company may withdraw from any and all Agreements it has entered into pursuant to Paragraph V, above, by giving City ten days written notice. Any Cost Recovery Factors in effect at the time of Company's withdrawal will remain in effect for their term, and this Rate Schedule 6.1.1.14 — Rider Underground Facilities Cost Recovery Factor (UFCRF) will remain in limited effect solely for that purpose, until all such Factors have expired. If the Factors can no longer be charged in full, then City shall on a monthly basis reimburse the Company for the shortfall between the amounts that would have been recovered absent the modification or elimination of the Underground Facilities Cost Recovery Factor Rider and the amounts actually recovered pursuant to the Rider. For each calendar month, the Company shall determine the shortfall and invoice the City for that amount by the 15th of the following month, and City shall pay such invoice by the last day of that month. NOTICE This Rate Schedule is subject to the Company's Tariff and Applicable Legal Authorities. 112.4 - , W N 0 -k; Administration { S`PE To: Mayor and Town Council From: Matthew D. Denton, Town Secretary OV Cc: Kevin Carruth, Interim Town Manager Re: Prosper Town Council Meeting — June 26, 2007 Date: June 22, 2007 Agenda, Item• Discuss budget workshop dates. Description of Agenda Item: The Town Manager is still refining the budget workshop calendar. It will be available for review and discussion at the meeting. Budget Impact• N/A Attached Documents: None. Board, Committee and/or Staff Recommendation: Discuss and set dates for the 2007-08 budget workshops. 1121 Agenda Item No. -Page I of I PLANNING S; OWN To: Mayor and Town Council From: Chris Copple, Development and Parks Planner Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 26, 2007 Date: June 22, 2007 Agenda Item: Discuss regulation of non-residential uses in residential areas, including but not limited to, home occupation and garage sales. Description of Agenda Item: At the June 12, 2007 meeting, a request was made by Councilmember Drown to discuss the regulation of non-residential uses in residential areas. The Zoning Ordinance restricts almost all non-residential uses from residential zoning districts. The few exceptions are houses of worship, schools, private recreation centers, household care facilities, athletic fields, golf courses, day care centers, and home occupation. A home occupation is a business that is permitted in all residential zoning districts customarily carried on in a home by the resident and in conformance to all of the following conditions and requirements: a) No signage associated with the home occupation and visible from outside of the dwelling shall be allowed on the premises. b) Only two (2) employees other than the occupants of the residence may be employed on - site at any one time. This shall not include the coordination or supervision of employees who do not regularly visit the house for purposes related to the business. c) Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor activities. d) Outdoor activities are not allowed, unless the activities are screened from neighboring property and public rights -of -way. e) No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the home occupation. f) The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat or glare beyond the property lines. g) A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in which fleet vehicles visit the site. h) No major alterations to the property or exterior of the dwelling unit shall be allowed that changes the residential character of the home. i) No repair or servicing of vehicles, internal combustion engines, large equipment or large appliances shall be allowed. Agenda Item No. 23 - Page 1 of 2 j) No storage of hazardous materials for business purposes shall be allowed on the premises. k) Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises. 1) No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot. Home Occupation does not include garage sales. Garage sale is not currently defined by the Zoning Ordinance. Therefore, garage sales are not regulated in the Town of Prosper. The Town of Prosper's Sign Ordinance does regulate garage sale signs. Attached Documents: No attachments. Town Staff Recommendation: Town staff recommends the Town Council discuss the regulation of non-residential uses in residential areas, including but not limited to, home occupation and garage sales. Agenda Item No. 23 - Page 2 of 2