09.11.2007 Town Council PacketTOWN OF
S
PE
1. Call to Order / Roll Call.
2. Invocation and Pledge of Allegiance.
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, September 11, 2007 at 7:00 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 of 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)
• August 28, 2007 —Regular Town Council Meeting
• September 4, 2007 —Special Town Council Meeting
ORDINANCES RESOLUTIONS AND AGREEMENTS
b. An update on the Town's sports fields and/or the construction of future sports fields. (WH)
c. Consider and act upon an ordinance amending the Old Town Core District of the Town's Future Land
Use Plan. (CA07-2). (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)
e. Consider and act upon 1) an Agreement for Encroachment on Easement within the limits of the 20"
First Street Water Line Project (Craig — Coit), by and between Oncor Electric Delivery Company and l
the Town of Prosper and 2) a resolution authorizing the Town Manager to execute the same. (HW)
CITIZEN'S COMMENTS
(The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda.
Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.)
5. Other 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.)
Page 1 of 2
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 83.6t acres located on the northeast corner
of U.S. 380 and Coit Road from Planned Development-25-Commercial/Mixed Use (PD-25) to Planned
Development -Retail (PD-R). (Z07-14). (CC)
DEPARTMENT ITEMS
7. Consider and act upon an Ordinance regulating smoking in public places in the Town of Prosper. (ML)
8. Consider and act upon awarding bid contract for Brush Truck. (RT)
9. Discuss and give direction regarding the Preston 48 Addition development located in the southwest
quadrant of Prosper Trail and Hwy 289. (HW)
EXECUTIVE SESSION
9. 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 of individuals to the Parks and Recreation Board,
Planning & Zoning Commission, Board of Adjustment, and Economic Development Corporation.
b. Section 551.072. To deliberate the purchase, exchange, lease or value of real property
located at Lot 1, Block A, and Lot 1, Block B, of the Rhea Mills Estate.
c. Section 551.072 to discuss and give direction on the purchase, exchange, lease or value of real
property.
10. Reconvene into regular session and take any action necessary as a result of the closed session.
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
12. Adjourn.
Note: The order in which items are heard on the agenda is subject to change.
CERTIFICATION
1, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas,
a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, September
7, 2007 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
tatthew D. Denton,
own Secretary
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session unc
at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings
meeting be open. Should Council elect to convene into Executive Session, those exceptions will be s ica
action, as a result of this Executive Session, will be taken and recorded in open session. 1
%b
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetin
plan to attend this meeting and who may need auxiliary
p g y aids or services such as Interpreters fot:personj who
print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 349-2111. BR
Date Noticed Removed
of the Texas Government Code
lit ceptions that require that a
lK�unced. Any subsequent
A
s with disabilities who
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Page 2of2 ,,�4/1jef�NS"��,�`
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S P E, R,
1. Call to Order / Roll Call.
The meeting was called to order at 6:08 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, August 28, 2007 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -
Drown, Mike Wadsworth, and Ray Smith.
Staff present included: Mike Land, Town Manager; H
Copple, Senior Planner; Wade Harden, Senior Planner;
Development Corporation; Ron Butler, Business Manager,;;
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor John Fowlei
3. Announcements of dates and times of
Councilmember Wadsworth announced the Northern
and there are several people reprg� y t�.pg Prosper in tl
Mayor Pro -Tern Bristol
13. Recess
wit {A
1, Block
moved the
Motioned by Comember
Motion approve 61Osrr4
Council recessed into
Presbyterian
Kenneth Dugger, Kevin
actor of Dev6h'it nt Services; Chris
Executive Direct: j the Economic
(ion, Town Secreta w
gram was starting in September
School fr all was starting on Friday, August 31".
Ro'p1mrcc .IVitll .$action 551.401 et. Seq. Texas Government Code, to
,:r. {:, Kw, 1 i
To d.ate the p6i6ase, exchange, lease or value of real property located
sss
Got 1, ', of the Rhea Mills Estate. (HW)
five sessioj,':Vp on the agenda.
by Councilmember Drown to recess into closed session.
at 6:12 p.m.
14. Reconvene into PWgular Session and take any action necessary as a result of the Closed Session,
including, but not limited to:
a. Consider and possibly act upon adoption of resolutions determining a public necessity to
acquire by purchase or condemnation, property located within:
i. Lot 1, Block A of Rhea Mills Estate; and
ii. Lot 1, Block B of Rhea Mills Estate. (HW)
Motioned by Councilmember Smith, seconded by Mayor Pro-Tem Bristol to reconvene into regular session.
Motion approved 6-0.
Page 1 of 4
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to adopt a resolution determining a
public necessity to acquire, by purchase or condemnation, Lot 1, Block A of Rhea Mills Estates, for the provision
of water service and related infrastructure related to the construction of water improvements along FM 2478, giving
notice of an official determination to acquire said property for the purposes set forth within, and authorizing the
Town Manager to establish procedures for acquiring the property by purchase or condemnation.
Motion approved 5-1 with Councilmember Drown abstaining from the vote.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to adopt a resolution determining a
public necessity to acquire, by purchase or condemnation, Lot 1, Block B of Rhea Mills Estates, for the provision of
water service and related infrastructure related to the construction of water improvcgients along FM 2478, giving
notice of an official determination to acquire said property for the purposes set .''.thin, and authorizing the
Town Manager to establish procedures for acquiring the property by purchase qg Mdemnation.
Motion approved 5-1 with Councilmember Drown abstaining from the vote. ; ? ..
pp g ..
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following
August 14, 2007 — Regular Top Council Meeting
b. An update on the Town's sports fields andlIr the
C. Consider and act upaau�ution denyin:k' . request
Reliability Infrast fire t-;�m (GRIP) Ri% Increase.
FINANCIALS
d. Consider
Motioned
;1
5. Other
There were no
of fuk-tire sports fields. (CC)
Energy Corp. for an annual Gas
act upon.t (qq A , ding July 31, 2007. (RB)
by the
blic.
Councilmember Smith to approve the consent agenda subject to staff
REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon an amendment to the Old Town Core District of the
Town's Future Land Use Plan. (CA07-2). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Page 2 of 4
Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to open the public
hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 7:08 p.m.
There were no comments by the public.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to
Motion approved 6-0. A,
Mayor Niswanger closed the public hearing at 7:09 p.m.
Motioned by Councilmember Smith, seconded by Council
of the Planning and Zoning Commission to approve the
District of the Town's Future Land Use Plan.
c�
Motion approved 6-0.
7. A public hearing to discuss the Town of Prosper
Motioned by Councilmember Dugger, seconded, by Mayor Pro-Tem
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 7:144;pAl'.`
Mike McClung, 1400 Cedar Springs, asked the
Motioned by Councih
Motion approved 6-0.
Mayor Niswanger closed the
8. Q',&ider and act'' u ; a
on and 3 MG Gii%tl
Hulon Web6;�?,sector of
Jeff Payne, Freese`4Tichols,
by
7:29 p.m.
the public hearing.
the recommendation
the Old Town Core
tax rate.
open the public hearing.
budget and tax rate.
to close the public hearing.
chair*;�o',-yrder to Red River Construction Company, Inc., for the Pump
Storf�1ili' Project. (HW)
gave council background information on this item.
questions for council.
Motioned by Councilmaiftffiffith, seconded by councilmember Dugger to approve a change order to Red River
Construction Company, ini?:`ii► the amount of $12,670.81 minus the credits for the sales tax from CoServ, for the
Pump Station and 3 MG 4ound Storage Tank.
Motion approved 6-0.
9. Discuss and act upon creating Finance, Utility and Economic Development Committees comprised of
members of the Town Council. (ML)
Mike Land, Town Manager, gave council background information on this item.
Page 3 of 4
Council approved the appointments of Dave Turley and David Bristol to the Finance Committee, Kevin Drown and
Kenneth Dugger to the Utility Committee, and Mike Wadsworth and Ray Smith to the Economic Development
Committee.
10. Consider and act upon a resolution making nominations for the Board of Directors for the Central
Appraisal District of Collin County, Texas. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to tattle this item to the September
25, 2007 Town Council meeting.
Motion approved 6-0.
11. Consider and act upon a Resolution authorizing the Mayoruw: boundary agreement with
the Town of Little Elm. (ML)
SS..i,
Mike Land, Town Manager, gave council background informatio�<tiri this"tem.
Motioned by Councilmember Drown, seconded by Couns 4 nber Smith. to approved the ` agreement
with the Town of Little Elm. 6f,;4
12. Discussion of the 2007 Parks, Recreation and Open Space ` tik' ter Plan. (WH)
5 y1lrv' �r4•lVk
Wade Harden, Senior Planner, gave council back information
Council gave instructed staff to bring this item
recommended changes incorporated into the doc
15. Possibly direct
Mike Land, Town Ma
16. Adjourn.
Motioned by.(;-4
Motion aped 6-0.
The M&0- ,xgi:was adjourned at
Attest: "
Matthew D. Denton, TRMC
Town Secretary
by
18, 20 J�7,Town Council meeting with the
a future meeting.
of the meetings with ConBrio on October 11 and 12, 2007,
ber Drown to adjourn.
Charles Niswanger, Mayor
Page 4 of 4
MINUI`ES
Special Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, September 4, 2007 at 5:00 p.m.
1. Call to Order / Roll Call.
The meeting was called to order at 5:05 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Pro-Tem David Bristol, Kennett.
Staff present included: Mike Land, Town Manager; Dan T,
Development Corporation; Ron Butler, Business Manager; and
2. A public hearing to discuss the Town of Prosper..�r��
Y
Motioned by Councilmember Wadsworth, seconded by Councilme
Motion approved 4-0.
Mayor Pro-Tem Bristol opened the public hearing. m.
There were no comments by the public.':at,
}��;t r,ii+fi{ii♦i
5�5, l:V4"•,
Motioned by Councilmember Srr �conded by coup ' er l
�Y
,t;;;;, 'W
Motion approved 4-0.
Mayor Pro-Tem Bristol.;1:the publie'aring at 5:09 p.t1;
3. Adjourn. i,.,;,t,, vy�,}:,:,:.:5•r:::, 5x:,,:..
•'i51}<��C }• i((} j}[(�f,, yS 0- ;'r'.i•:jv..s ii•�YS?r:i�:::•5.{y'r
Motioned bX,,d9Im, MY,t;:Smith,G'ded by Couniilrnernber
't:ti,}'ti=•Yl:yirr::.:, r�.5 i �N
Motion a i`oved 4-0.
�yy�.
The t&Zff vas adjourned at 5'. ' .m.
Atte
Matthew D. Denton, TRMC
Town Secretary
ag Mike`i worth, and Ray Smith.
f tq
1, jtxecutive } or of the Economic
.w Denton, Town Se'd�� .
FY 2' 7-2008 tax rate
;.
kPith to`bpen the public'hearing.
I lose the public hearing.
Wadsworth to adjourn.
Charles Niswanger, Mayor
Page 1 of 1
PARKS AND
RECREATION
S PE
To: Mayor and Town Council
From: Wade Harden, Senior Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — September 11, 2007
Date: September 5, 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 on the Town's sports fields and/or the construction of future sports fields on future
agendas. 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.
Folsom Park (located next to Folsom Elementary in the La Cima subdivisions The
PARBd discussed future improvements to Folsom Park at their August 23, 2007
meeting. The development of Folsom Park would provide up to eight (8) youth
soccer/multi-purpose permanent fields. Town staff has initiated contact with Brian
Griffitt, Prosper Sports Association (PSA) President, Lloyd Mills, Prosper Area Soccer
Organization (PASO) President, and Brenda Keener, Folsom Elementary School
Principal to receive input concerning the fields and potential relocation of the existing
playground equipment.
Fred Montes, AIA of PBK presented a concept plan to the PARBd for review. This plan
(see attached) will be revised accordingly in consideration of input from Prosper ISD,
PSA, and PASO. Town staff has requested a formal proposal for design services from
PBK to present to PARBd and Town Council.
The two grant applications, one to Collin County ($390,000) and one to Texas Park &
Wildlife ($390,000) both matching grants, are still pending.
2. 57 acre community park site (adiacent to the future Prosper ISD athletic stadium, south
side of Frontier Parkway, west of the BNSF Railroad):
At the August 23, 2007 PARBd meeting Fred Montes, AIA of PBK presented conceptual
master plans for the 57 acre community park site (see attached). The Parks Board
directed Town staff to meet with Prosper ISD, Prosper Sports Association (PSA), and
Prosper Area Soccer Organization (PASO) to discuss the proposed design. Staff
initiated contact with PSA and PASO, and should be meeting with Prosper ISD in the
Agenda Item No. 4b - Page 1 of 3
near future. Town staff has requested a formal proposal for design services from PBK to
present to PARBd and Town Council.
At this time it is still unclear whether these fields will be ready for play in the fall season
of 2008.
Attached Documents:
No attachments.
Town Staff Recommendation:
No action needs to be taken on this item.
Agenda Item No. 4b - Page 2 of 3
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Folsom Park Concept Plan (Note this one of a few concept plans that has been used for general discussion
purposes and will change as input/ direction is given by the stakeholders involved in the process.)
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purposes and will change as input/ direction is given by the stakeholders involved in the process.)
Agenda Item No. 4b - Page 3 of 3
fk' PLANNING
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3.JL, r,
OPR
To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — September 11, 2007
Date: September 6, 2007
Auenda Item:
Consider and act upon an ordinance amending the Old Town Core District of the Town's Future
Land Use Plan. (CA07-2).
Description of Anenda Item:
At the August 28, 2007 meeting, the Town Council approved an amendment to the Town's
Comprehensive Plan to add an Old Town Core District Inset to the Future Land Use Plan by a
vote of 6-0 as recommended by the Planning & Zoning Commission.
Budget Impact:
There are no significant budget implications associated with the approval of this ordinance.
Lenai Oblinations and Review:
The Town Charter requires that the Town Council hold a public hearing before approving an
amendment to the Comprehensive. Plan. A public hearing has been held and the Town Council
approved the amendment. The ordinance has been prepared. Review of the ordinance by the
Town Attorney is not required.
Attached Documents:
1. An Ordinance amending the Comprehensive Plan.
Town Staff Recommendation:
Town staff recommends that the Town Council adopt the attached ordinance as submitted.
Agenda Item No. 4c - Page 7 of 7
TOWN OF PROSPER, TEXAS
ORDINANCE NO.07-_
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 11 (THE LAND USE PLAN) OF THE TOWN OF PROSPER'S
COMPREHENSIVE PLAN, ORDINANCE NO. 04-103; ADDING AN OLD TOWN
CORE DISTRICT INSET TO THE FUTURE LAND USE PLAN; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Teas ("Town Council") has investigated
and determined that Chapter 11 (The Land Use Plan) of the Town of Prosper, Texas ("Prosper")
Comprehensive Plan, Ordinance No. 04-103 should be amended; and
WHEREAS, Prosper has complied with all notices and public hearings as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Prosper to amend a portion of the Comprehensive Plan 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: Amendment to Prosper's Comprehensive Plan, Ordinance No. 04-103. Chapter I
of Prosper's Comprehensive Plan, Ordinance No. 04-103 is hereby amended to add an Old Town Core
District Inset, attached hereto as "Old Town Core District Inset," to the Future Land Use Plan.
SECTION 3: Savings/Repealing Clause: Prosper's Comprehensive Plan, Ordinance No. 04-103
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, 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 ordinance shall remain in full force and effect.
SECTION 4: Severability: 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 5: Effective Date: This Ordinance shall become effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 1101 day of September, 2007.
Charles Niswanger, Mayor
ATTESTED TO AND CORRECTLY RECORDED BY:
Matthew Denton, TRMC
Town Secretary
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To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — September 11, 2007
Date: September 6, 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 September 4, 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. Preliminary site plan for Prosper Trails Office Center, approved 4-0 by the Planning & Zoning
Commission at their September 4, 2007 meeting.
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council take no action based on the approval of the
preliminary site plan by the Planning & Zoning Commission.
Agenda Item No. 4d - Page 1 of 1
AW
77.-Ill Acres
0 40 100 Hw Cou/Citel' LP
Val, 5995, Pg. d29
Z¢"ed Agri- t-1
Vocanl
GRAPHIC SCALE
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IOWH STAROARpS uv
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SECTION A -A
SITE PLAN NOTES
1) Oampatere and trash comp -tam shall be scrvened in oeGOMance with the
Comprehensive Zoning Ordinance. I
2) Open storage. here permitted, shall be acre.. ad in accordance with the r
Compmhp-i5iw 2ming Ordinance. 1
3) CuW- lighting shall c ply with the lighting and glove et Ondande contained
within the Comprehensive Zoning Cryinance ontl Subdivlsion Regulotfon Drama-
4) Landscaping Sl't' cmform to landscape plops-pr¢ved by the to.n,
5) All elewtivns shall comply with the Tawn'a Comprehensive Zoning Ordinance
requirement..
6) 9ail dings a! 5000 swore feet cr greater shall b0 100% fire aprinklened. Alternative
pre prob-60n m¢osures may be appreveC by the Fire Department.
7) Fire 1¢nes troll be designed and cen.tructed per Sown standere5 or vs directed
by Ih. Fire Department., 24' wide .ith 30' radii.
0) Toro paints of eccpe5 Shall be maintained for the property at all times.
9) Soled b-ps/hampe are not permitted Within a im lone.
10) Handicapped parking areas ontl bugtling ac essi6ility shall conform to the
Americans with 0i5aLlilie9 Act (ADA) ontl wlglcthe requirements of the current,
adopted UnilOrm Building Code.
11) All ailill is subject to Building Olhcia! approval.
12) All fencer end retvining walls .hail be shown on the She Plan end ere subject
to al Official vpp-ol.
13) Ail evterior building materiels Ora subect to euiltling Official vpprowl,
14) Sidewalks of nut leas than six (6) feet in width ontl barrier free romps at all
curb Oro.aings "hall be provided per Tewn Standards.
15) .plans-1 W the Site Plen is not fin¢1 unlil all engineering plans are epprawd.
16) Site Jar- .p m—1 is required prior to gra ing rMe¢se.
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SITE DATA SUMMARY SITE DATA SUMMARY "-- LOT 7 SITE DATA SUIll --Ll
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interior Lontlaceped Provided 350 5q. FI. in eerier Landscaped Requires 1.003 Sq. FL Interior Lantlacgped Pravitlad 3e0 Sq. Ft, Impervious Surface 21.210 Sq. Ft. Interior Landscaped Provided 1.110 Sq. Ft. Impervious Surfogo 35.190 Sq. FI. Open Space RegVired •2.475 Sq. Ft. Impervious $urtace 61.870 Sq, FL Open Space Required
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PRELIMINARY SITE PLAN
PROSPER TRAILS
�— OFFICE CENTER
LOTS 1, 2, 3, BLOCK A
4.486 Gross, 4.153 Net Acres
Situated In The
WILLIAM BUTLER SURVEY ABST. 112
PROSPER, COLLIN COUNTY, TEXAS
Owner
OIRA Prosper Partners, Ltd.
5700 Granite Pl Suite 200
Plano, Texas 75024
Telephone 214 923-6069
Enalflex
RLK Engineering, Inc.
111 West Main Street
Allen, Texas 75013
Telephone 972 359-1733
August 27, 2007
Call
ENGINEERING
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Re: Town Council Meeting — September 11, 2007
Date: September 6, 2007
Agenda Item:
Consider and act upon 1) an Agreement for Encroachment on Easement within the limits of the 20"
First Street Water Line Project (Craig — Coit), by and between Oncor Electric Delivery Company
and the Town of Prosper and 2) a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
The Town of Prosper is proposing to construct a twenty -inch (20") water line which encroaches into
the Oncor Electric Delivery Company's easement within the 20" First Street Water Line Project
(Craig — Coit). In order to construct these improvements within the limits of the proposed
easement, Oncor Electric Delivery Company and the Town of Prosper must enter into the attached
agreement so that the Town of Prosper will have permission to construct, maintain, and operate
the proposed improvements which encroach into this easement.
Budget Impact:
There are no funds required.
Legal Obligations and Review:
The Agreement for Encroachment on Easement is a standard Oncor Electric Delivery Company
document that has previously been reviewed and approved by the legal department.
Attached Documents:
The following documentation is being provided for review:
• Agreement for Encroachment on Easement
• Resolution authorizing the Town Manager to execute the agreement
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve 1) an Agreement for Encroachment on
Easement within the limits of the 20" First Street Water Line Project (Craig — Coit), by and between
Oncor Electric Delivery Company and the Town of Prosper and 2) a resolution authorizing the
Town Manager to execute the same.
Agenda Item No. 4e - Page 1 of 1
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
AGREEMENT FOR ENCROACHMENT ON EASEMENT WITHIN THE
LIMITS OF THE 20" FIRST STREET WATER LINE PROJECT (CRAIG
— COIT), BY AND BETWEEN ONCOR ELECTRIC DELIVERY
COMPANY AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The 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, an Agreement for
Encroachment on Easement within the limits of the 20" First Street Water Line Project (Craig —
Coit), by and between Oncor Electric Delivery Company and the Town of Prosper, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 1 I" day of September, 2007.
Charles Niswanger, Mayor
ATTEST TO:
Matthew Denton, TRMC
Town Secretary
Collin -Payne 138kv
Request #07-00279RR
E-83268
ENCROACHMENT ON EASEMENT
WHEREAS, Oncor Electric Delivery Company ("Oncor'), formerly known as TXU Electric Delivery
Company and successor in interest to TXU Electric Company, is the owner of a easement in Collin
County, Texas, which is recorded in Volume 493, Page 96, of the Deed Records of Collin County,
Texas. ("Easement"); and
WHEREAS, the Town of Prosper, ("User"), desires permission to construct, operate and maintain
a twenty (20) inch wide water pipeline ("Encroaching Facility") within the area or boundaries of the
Easement ("Easement Area") shown on the attached drawing marked Exhibit "A" and incorporated
herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Oncor and
User do hereby agree as follows:
t . Location of Encroaching Facility. User may locate the Encroaching Facility in the
Easement Area, but only as described and shown on the attached drawing marked Exhibit "A" and
incorporated herein. User may not relocate the Encroaching Facility within the Easement Area
without the consent and approval of Oncor, which consent and approval shall be at Oncor's sole
discretion. User acknowledges and agrees that Oncor holds easement rights on the Easement
Area; therefore, User.shall obtain whatever rights and permission, other than Oncor's, that are
necessary.
2. Restrictions on Use of Easement Area. User shall use only so much of the Easement
Area as may necessary to construct, maintain and repair the Encroaching Facility. User shall, at
its own cost and expense, comply with all applicable laws, including but not limited to existing zoning
ordinances, governmental rules and regulations enacted or promulgated by any governmental
authority and shall promptly execute and fulfill all orders and requirements imposed by such
governmental authorities for the correction, prevention and abatement of nuisances in or upon or
connected with said Encroaching Facility. At the conclusion of any construction, User shall remove
all debris and other materials from the Easement Area and restore the Easement Area to the same
condition it was in prior to the commencement of User's construction thereon or in proximity thereto.
User shall not place trash dumpsters, toxic substances orflammable material in the Easement Area.
Further, if the Easement Area has transmission or distribution facilities located thereon, User shall
not place upon the Easement Area any improvements, including but not limited to, buildings, light
standards, fences (excluding barriers installed around transmission towers), shrubs, trees or signs
unless approved in advance in writing by Oncor. Additional general construction limitations on
encroachments are described and listed in Exhibit "B", attached hereto and by reference made a
part hereof.
ENCROACHMENT ON EASEMENT
Page 1
3. Maintenance oftEncroachingFacili - User, at User's sole expense, shall maintain and
operate the Encroaching Facility. Oncor will not be responsible for any costs of construction,
reconstruction, operation, maintenance or removal of User's Encroaching Facility.
4. Risk and Liabillitrr. User assumes all risks and liability resulting or arising from or relating to
Us,er's use, the existing condition or location, or existing state of maintenance, repair or operation of
the Easement Area. It is further agreed that Oncor shall not be liable for any damage to the
Encroaching Facility as a result of Oncor's, use or enjoyment of its Easement. Any Oncor property
damaged or destroyed by User or its agents, employees, invitees, contractors or subcontractors
shall be repaired or replaced by Oncor at User's expense and payment is due upon User's receipt of
an invoice from Oncor.
5. . Indemnification. User, to the extent allowable bylaw, agrees to defend, indemnify and hold
harmless Oncor, its officers, agents and employees, from and against any and all claims, demands,
causes of action, loss, damage, liabilities, costs and expenses (including attorney's fees and court
costs) of any and every kind or character, known or unknown, fixed or contingent, for personal injury
(including death), property damage or other harm for which recovery of damages is sought or
suffered by any person or persons that may arise out of, or be occasioned by, the negligence,
misconduct or omission of User, its officers, agents, associates, employees, contractors,
subcontractors, subconsultants, or any other person entering onto the Easement Area or may arise
out of or be occasioned by the use of the Encroaching Facility, except that the indemnity provided
for in this paragraph shall not apply to any liability resulting from the sole negligence of Oncor, its
officers, agents, or employees or separate contractors, and in the event of joint and concurrent
negligence of both Oncor and User, responsibility and indemnity, if any, shall be apportioned'
comparatively.
6. Hi h Voltage Restrictions. Use of draglines or other boom -type equipment in connection
with any work to be performed on the Easement Area by User, its employees, agents, invitees,
contractors or subcontractors must comply with Chapter 752, Texas Health and Safety Code, the
National Electric Safety. Code and any other applicable safety or clearance requirements.
Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen
feet of the Oncor power lines situated on the aforesaid property. User must obtain Oncor's approval
and notify the Dallas Region Transmission Department at (572) 721-6321, 48 hours prior to the
use of any boom -type equipment on the Easement Area.
7. Default and Termination. It is understood and agreed that, in case of default by User or its
agents in any of the terms and conditions herein stated and such default continues for a period of
ten (10) days after Oncor notifies User of such default in writing, Oncor may at its election forthwith
terminate this agreement and upon such termination all of User's rights hereunder shall cease and
come to an end. This agreement shall also terminate upon the abandonment of the. Encroaching
Facility.
ENCROACHMENT ON EASEMENT
Page 2
This agreement shall extend to and be binding upon User and its successors and assigns, and is
not to be interpreted as a waiver of any rights held by Oncor under its Easement.
Executed this day of , 2007.
APPROVAL:
ONCOR ELECTRIC DELIVERY COMPANY
By:
Thomas F. Newsom
Attorney -In -Fact
ACCEPTANCE:
TOWN OF PROSPER
By;
Name:
Title:
ENCROACHMENT ON EASEMENT Page 3
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally
appeared , as of the TOWN OF PROSPER,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he/she'executed the same as the act and deed of the Town of Prosper,
and for the purposes and consideration therein expressed and in the capacity therein stated, and
that he/she was authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, A.D.2007.
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
day of
BEFORE ME, the undersigned authority, on this day personally appeared Thomas F.
Newsom, as Attorney -In -Fact of ONCOR ELECTRIC DELIVERY COMPANY, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the. same as the act and deed of Oncor Electric Delivery Company, and for the purposes
and consideration therein expressed and in the capacity therein stated, and that he was authorized
to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A. D.2007,
Notary Public in and for the State of Texas
ENCROACHMENT ON EASEMENT gage 4
EXHIBIT . -
EASEMETPf
ACQL1SON % Exhibit
. aff OF � /
A
I / �
NW CORNER 4.049ACRE TRACT
---F1-S.T...-.STTREED----------------------------
------6--� --{ H E�� / 4947, PAGE 833
12
_SOUTH ROW LANE„ _ POLE ! / /` A; /I
2.815 ACRES
TOM OF PROSPER
c.c. NO. as-OOW462
1
15 WATER LINE EASEMENT
i
f
i(,b. / /
l CENTRAL FIRE STA77ON
ss / 4.049 ACRES
TOWN OF PROSPER
/ C.C. NO. 2003--0075344
E .
H. JA WS'ON SVRVEY, ABSTRACT NO. 480
OF KMM
AU OFAWW AND COORAWOE5 ARE
RCS M 7W TOM 4OORIVMTE SY57M
W -84 V E AMM CFNMV. ZOW as 73 ON
DmoT CQNnWL AIOWJUENM JR0430= AM
7FR5 PRIOVECr OF LOO 15271OX OMAN=
AND AREA SWWN ARE -'% ACF-
NUMBER
DRECnON
DISTANCE
L1
S IW33"41" W
71.47'
L2
5 &7'30,18•' E
30.52'
L3
N 89 59'42" E
73.98-
SURDUK4N SURVEYING, INC.
988J W. UNIVERSITY DR., SUITE 102
MCKINNEY TEXAS 75071
(972) 542-1446 DAMD J.
OX3liRiii ®I.
KUM Qzm.
1r= W ssl
EASENEUr
ACOUEMQN
PARCEL No. M EX92baw EKCMACKNENT
c YOPPRO n
jli60MZU)
tr�
LEGAL DESCRIP77ON
WATER LINE EASEMENT
BEING a 15' wide wafter line easement center ors the water fine and the
center line being described as follows. -
BEING a tract of land situated in the Harrison Jamison Survey, Abstract No.
480, Collin County, Texas and being across a 4.049 acre tract conveyed to . the
Town of Prosper as recorded in County Clerks No. 2003-0075344, Collin County,
Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a point in the west litre of said 4.049 acre tract, said paint
being South 19 degrees 33 minutes 41 seconds West a distance of 71.47 feet
from the northwest carnet of said 4.049' acre tract, said point also being 'in the
west dine of a TP&L. easement as recorded in Volume 493, Page 96, D.R.C.C.T.;
THENCE South 67 degrees 30 minutes 18 seconds . East a distance of
30.53 feet to a point,
THENCE North 89 degrees 59 minutes 42 seconds East a distance of 73.98
feet to a point in the east line of said TP&L Easement.
SURD UK4N SURVEYING., INC. �oF
9883 W. UNIVERSITY DR., SUITE 102 A-F-*
�4 CKINNEY, TEXAS 75071
(972) 542-1446 I -A
�N
CONSTRUCTION LIMITATIONS
ON Oncor ELECTRIC DELIVERY COMPANY RIGHT OF WAY
' EXHIBIT "B"
1. You are notified, and should advise your employees, representatives, agents, and contractors,
who enter the property that they will be working in the vicinity of high voltage electrical facilities
and should take proper precautions, included but not limited to the following stipulations and in
compliance, at all times, with Chapter 752, V.T.C.A., Health & Safety Code.
2. Blasting is not to be permitted on Oncor right-of-way or under Oncor lines.
3. Construction on electric transmission line easements acquired by Oncor after January 1,2003
shall comply with the requirements of Public Utility Commission Substantive Rules §25.101, as
amended from time to time.
4. Grading will be done in order to leave the right-of-way as near as possible to present condition.
Spoii dirt will be removed from the right-of-way and no trash is to be left on right-of-way. Slopes
shall be graded to that trucks can go down the right-of-way when required and such that the.
slopes can be mechanically maintained.
5. Equipment and materials will not be stored on the right-of-way during construction without
written approval of the Supervisor of Regional Transmission.
5. Street or road crossings are to be based on drawings submitted. Any change in alignment or
elevation will be resubmitted for approval.
7. No signs, lights or guard lights will be permitted on the right-of-way.
ENCROACHMENT ON EASEMENT Page 5
8. Equipment shall not be placed within fifteen (15) feet of the power lines.
9. Any pre -approved fencing will not exceed eight (8) feet in height, and if metal in nature, will be
grounded, at ten (10) feet intervals, with an appropriate driven ground. Gates should be at least
sixteen (16) feet in width to allow Oncor access to the right-of-way.
10. No dumpsters will be allowed on Oncor right-of-way or fee owned property.
11. Draglines will not be used under the line or on Oncor right-of-way,
12. The existing grade shall not be disturbed, excavated or filled within 25 feet of the nearest edge
of any tower.
.13. Right-of-way will be protected from washing and erosion by Oncor approved method before any
permits are granted. No discharging of water will be allowed within any portion of the right of
way.
14. No obstruction shall be installed on the right-of-way that would interfere with access to Oncor
structures or prevent mechanical maintenance.
15. Before any work is done under Oncor lines or by Oncor structures notify the Region
Transmission Department, (817) 496-2731, or (817) 496-2736.
16. No hazardous materials will be stored on the right of way.
17. For purposes of this document, "Hazardous Materials" means and includes those substances,
including, without limitation, asbestos -containing material containing more than one percent
(1 %) asbestos by weight, or the group of organic compounds known as polychlorinated
biphenyls, flammable explosives, radioactive materials, chemicals known to cause cancer or
reproductive toxicity and includes any items included in the definition of hazardous or toxic
waste, materials or substances. under any Hazardous Material Law. "Hazardous Material Laws"
collectively means and includes any present and future local, state and federal law relating to the
environment and environmental conditions including, without limitation, the Resource
Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §6901 et seg., the Comprehensive
ENCROACHMENT ON EASEMENT Page 6
Environmental Response, Compensation and Liability Act of 1980, ("CERCLA"), 42 U.S.C.
§§9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986
("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 et seg., the Federal
Water Pollution Control Act, 33 U.S.C. §1251, et sea., the Clean Air Act, 42 U.S.C. §741 et sere .,
the Clean Water Act, 33 U.S.C. §7401 et sea., the Toxic Substances Control Act, 15 U.S.C.
§§2601-2629, the Safe Drinking Water Act, 42 U.S.C. §§300f 330j, and all the regulations,
orders, and decrees now or hereafter promulgated thereunder.
18. Brush and cut timber will not be piled or stacked on-Oncor right-of-way or will not be burned
upon or in close proximity to the conductors or towers.
19. No structures or obstructions, such as buildings, garages, barns, sheds, guard houses, etc., will
be permitted on the. right-of-way.
20. Landscaping on Oncor right-of-way is permitted when Onco.r approves landscaping plans in
writing. No lighting or sprinkler systems are allowed on the right-of-way.
ENCROACHMENT ON EASEMENT
Page 7
PLANNING
s E 1 � R
ti
To: Mayor and Town Council
From: Chris Copple, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — September 11, 2007
Date: September 7, 2007
Agenda „Item,
A public hearing to consider and act upon a request to rezone 83.6t acres located on the
northeast corner of U.S. 380 and Coit Road from Planned Development-25-Commercial/Mixed
Use (PD-25) to Planned Development -Retail (PD-R). (Z07-1 4).
Description of Agenda Item:
The applicant has contacted Town staff and requested the public hearing be continued to the
September 18, 2007 Town Council meeting.
Attached Documents:
1. A letter from the applicant requesting the public hearing be continued until the
September 18, 2007 Town Council meeting.
Town Staff Recommendation:
Town staff recommends that the Town Council open the public hearing and then continue it to
their September 18, 2007 meeting.
Agenda Item No. 6 - Page 1 of 7
WWinkelmann
&Associates, Inc.
CONSULTING CIVIL ENGINEERS 0 SURVEYORS
September 7, 2007
Mr. Chris Copple
Development & Parks Planner
Town of Prosper
407 E. First St.
Prosper, Texas 75078
Re: Zoning Case Z07-14
US 380 @ Colt Rd.
Mr. Copple:
972-346-3502
The above referenced zoning case is currently scheduled for presentation to Town Council on
September 9It'. Please accept this letter as our request for a continuance to the September to
Town Council Meeting.
Should you have any questions, please do not hesitate to call me.
Sincerely,
Winkelmann & Associates, Inc.
Michael T ggett, P.E.
cc: Jerry Richmond -Alberta Development
Michael Clark, P.E.
52202
G.W ice datalwork15221021Chris Copple Ltr. 9-07-07.doe
6750 Hillcrest Plaza Drive, Suite 1100 Dallas, Texas 75230 (972) 490-7090 Fax (972) 490-7099
ADMINISTRATION
To: Mayor and Town Council
From: Mike Land, Town Manager
CC:
Re: Town Council Meeting — September 11, 2007
Date: September 7, 2007
Agenda Item:
Consider and act upon an Ordinance regulating smoking in public places in the Town of Prosper.
Description of A ends Item:
Per Council's discussion on July 10, 2007 the attached ordinance was prepared by the Town
Attorney. The three main points Council wanted to include in the ordinance were prohibiting
smoking in restaurants, hotels and within 25 feet of the entrance where smoking is prohibited.
Restaurants and Hotels are included in the definition of a Retail or Service Establishment (page 4
of 9). Section 4A.5 and Section 4A.7 specifically prohibit smoking in these areas. Section 4A.8
addresses the 25 feet prohibition. If the area is not specifically listed as a prohibited area then
Section 4B applies to the establishment allowing for smoking and requiring signage notifying the
occupant of smoking versus non-smoking areas. Section D of the proposed ordinance specifically
lists the types of places where smoking is allowed and may be regulated.
Budget Impact:
There are no budgetary impacts related to this ordinance.
Legal Obligations and Review:
The Town's Attorney, Rebecca Brewer, prepared the attached ordinance.
Agenda Item No. 7 - Page 1 of 2
Attached Documents:
1. Ordinance regulating smoking in Public Places in the Town of Prosper as prepared by
Rebecca Brewer.
Town Staff Recommendation:
Based on Council's July 101h discussions regarding this subject, the ordinance as presented
addresses the three major points requested by Council, prohibiting smoking in restaurants, hotels
and within 25 feet of the entrance to places where smoking is prohibited. If Section 4A, areas
where smoking is prohibited, and Section 4D, areas where smoking is regulated, meets with
Council's intent, then the Ordinance is recommended for approval.
Agenda Item No. 7 - Page 2 of 2
TOWN OF PROSPER, TEXAS ORDINANCENO.
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS REGULATING
SMOKING IN PUBLIC PLACES IN THE TOWN OF PROSPER, TEXAS,
WITH CERTAIN EXCEPTIONS; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS 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 the smoking of tobacco or weeds or other plant products
has been demonstrated to have a detrimental effect on others in close proximity to the
smoker; and
WHEREAS, the Town Council has investigated and determined that it is the right of
A citizens to be able to choose for themselves whether to smoke either actively or passively;
and
WHEREAS, the Town Council has further investigated and determined that it will be
advantageous and beneficial to the Town of Prosper, Texas ("Prosper") and its citizens to
provide patrons of retail and service establishments a smoke -free environment; and
WHEREAS, the Town Council has further investigated and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to regulate smoking in public
places in Prosper, with certain exceptions, to reduce detrimental effects on not only the
smoker, but others in close proximity to the smoker and to further the health, safety and
welfare of Prosper and its citizens.
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: Purpose. The Town Council hereby declares its purpose in enacting
this Ordinance is to further the public health, safety and welfare of Prosper and its citizens
through the regulation of smoking in public places with certain exceptions.
ORDINANCE REGULATING SMOKING Page 1 of 9
C:1Documents and Settings\mlandlLocal Settingffemporary Internet Files\Content.Outlook15x3HV9CEVMJ- #496748-vl-
Prosper_Non-Smoking_Ordinance.DOC
SECTION 3: Definitions.
Administrative Area as used herein shall mean the area of an establishment not
generally accessible to the public or to a minor, including but not limited to,
individual offices, stockrooms, employee lounges or meeting rooms.
Bar as used herein means an establishment principally for the sale and consumption
of alcoholic beverages on the premises that derives seventy-five percent (75%) or
more of its gross revenue on a quarterly (three-month) basis from the sale or service
of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on -
premises consumption. If an establishment is located in a hotel or motel, the gross
revenues of the particular establishment, rather than the gross revenues of the entire
hotel or motel, will be used in calculating the percentage of revenues derived from
the sale or service of alcoholic beverages.
Billiards as used herein means any game played on a cloth -covered table with balls
and cue sticks where the balls are struck by the sticks and the balls strike against one
another.
Billiard Hall as used herein means an establishment that:
A. holds a valid billiard hall license issued by Prosper, if required under
any ordinance and/or code of Prosper, whether now existing or in the
future arising,
B. has at least twelve (12) billiard tables that are not coin -operated
available for rent to persons desiring to play billiards on the premises;
and
C. derives seventy percent (70%) or more of its gross revenue on a
quarterly (three-month) basis from the sale or service of alcoholic
beverages, as defined in the Texas Alcoholic Beverage Code, for on -
premises consumption and from the rental of billiard tables and
billiard equipment to persons desiring to play billiards on the
premises.
Code Enforcement Officer as used herein means the Code Enforcement Officer, or
his/her designee, of the Town of Prosper designated and authorized to enforce and
administer this Ordinance.
Eating Establishment as used herein means any establishment that prepares or serves
food or beverages, regardless of whether the establishment provides seating or
facilities for on -premises consumption. The term includes, but is not limited to,
restaurants, coffee shops, cafeterias, short order cafes, fast food establishments,
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luncheonettes, lunchrooms, soda fountains, food carts, food vending vehicles and
catering establishments.
Employee as used herein means any person who works for hire at a designated indoor
area including an independent contractor with an assigned indoor location.
Employer as used herein means any person who employs five (5) or more employees.
Enclosed as used herein means an area that:
A. is closed in overhead by a roof or other covering of any material,
whether permanent or temporary; and
B. has forty percent (40%) or more of its perimeter closed in by walls or
other coverings of any material, whether permanent or temporary.
Food products establishment as used herein means any restaurant, coffee shop,
cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain,
private and public school cafeteria or eating establishment or any other eating
establishment, organization, club, boardinghouse or guesthouse, which gives or offers
for sale food to the public, guests, patrons or employees as well as kitchens in which
food is prepared on the premises for serving elsewhere, including, but not limited to,
catering facilities. Other food product establishments include, but are not limited to,
grocery stores and food markets, not including those outdoors.
Hospital as used herein means any institution that provides medical, surgical and
overnight facilities for patients.
Prosper as used herein shall mean the Town of Prosper, Texas
Minor as used herein means any individual under eighteen (1 S) years of age.
Person as used herein means an individual, firm, partnership, association or other
legal entity.
Private Club as used herein shall mean any building, premise or portion thereof
which is permitted by the State of Texas and allowed by special use permit by
Prosper as a private club for the storing, possession and dispensing for on -premise
consumption of alcoholic beverages. Private Club does not include a premise
operated by an organization which is not available to and not customarily used by the
general public and entry and privileges thereto are established by regulations of that
organization distinct from a Texas Alcohol and Beverage private club membership.
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Public Service Area as used herein means any enclosed, indoor area that is open to or
is used by the general public and includes, but is not limited to, retail stores, grocery
stores, offices, professional, commercial or financial establishments, restaurants,
public and private institutions of education, health care facilities, nursing and
convalescent homes, residential treatment facilities and buildings owned or occupied
by political subdivisions.
Retail or Service Establishment as used herein means any establishment that sells
goods or services to the general public, including but not limited to, any food
products establishment, eating establishment, restaurant, private club, hotel, motel,
department store, grocery store, drug store, shopping mall, Laundromat, bingo parlor,
bowling center or hair styling salon, including service lines.
Retail Tobacco Store as used herein shall mean a retail store utilized primarily for
the sale of tobacco products and accessories and in which the sale of the other
products is merely incidental.
Second -Hand Smoke as used herein means ambient smoke resulting from the act of
smoking.
Service Line as used herein shall mean an indoor line or area where persons await
service of any kind, regardless of whether or not such service involves the exchange
of money. Such service shall include, but is not limited to, sales, giving of
information, directions or advice and transfers of money or goods.
Smoke or Smoking as used herein means inhaling, exhaling, possessing, or carrying
any lighted or burning cigar or cigarette, or any pipe or other device that contains
lighted or burning tobacco or tobacco products.
Workplace as used herein means any indoor area where an employee works for an
employer, including an administrative area but excluding:
A. domestic residence;
B. factory or warehouse where smoking is regulated by another Town
ordinance or a state or federal law;
C. an enclosed room with only one regular occupant; or
D. any area that is generally accessible to the public or to a minor and
that is regulated under Section 4 of this Ordinance.
SECTION 4: Smoking Prohibited in Certain Public Areas.
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A. A person commits an offense in violation of this Ordinance if he/she
smokes or possesses a burning tobacco, weed or other plant product in
any of the following indoor and/or enclosed areas:
1. a public or private preschool, primary or secondary school; or
2. elevators, museums, libraries, galleries, public transportation
facilities open to the public and service lines of establishments
doing business with the general public used by the public; or
3. hospitals or nursing homes; or
4. any facility owned, operated or managed by Prosper; or
5. any retail or service establishment; or
6. all restrooms open for public use; or
7. within all areas available to and customarily used by the general
public in all businesses and nonprofit entities patronized by the
public, including, but not limited to, commercial, financial and
professional offices, including banks, hotels and motels; or
8. within twenty-five (25) linear feet of any entrance of any facility
where smoking is prohibited; or
9. any establishment or area marked with a no smoking sign
complying with Subsection B of this Section by the owner,
operator or person in control of the establishment, facility or area.
B. The owner, operator or person in charge of a facility in which smoking is
regulated shall post signs which designate smoking or no smoking areas
established by this Ordinance. The manner of such posting shall be at the
discretion of the owner, operator manager or other person having control
of such room, building or other place so long as the signs are conspicuous
and state that smoking is prohibited and that an offense is punishable by
fine not to exceed TWO THOUSAND AND N0/100 DOLLARS
($2,000.00).
C. The owner or person in control of a bar qualifying for a defense to
prosecution under Subsection D(3) of this Section or a billiard hall
qualifying for a defense to prosecution under Subsection D(7) of this
Section may designate smoking areas, except that the designated smoking
areas may not include:
the entire establishment;
2. cashier areas; or
3. restrooms.
D. It is a defense to prosecution under Subsection A of this Section if the
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person was smoking in a location that was:
1. a private residence, except that this defense does not apply when
the residence is being used as a child care facility, adult day care
facility, or health care facility;
2. an administrative area or office of an establishment described in
Subsection A(2), A(3) or A(5) of this Section if the administrative
area or office is physically separated from those areas of the
establishment where smoking is prohibited, except that this
defense does not apply if the location was posted as a
nonsmoking area under Section 5 of this Ordinance;
3. a bar that does not open into any other establishment in which
smoking is prohibited under this Section, except that this
defense does not apply if:
a. any part of the bar is generally accessible by a minor;
b. the bar opens into a hotel or motel; or
C. the location was posted as a nonsmoking area by the
owner or person in control of the bar with a sign
complying with Subsection B of this Section;
4. a retail or service establishment that:
a. derives ninety percent (90%) or more of its gross
revenue on a quarterly (three-month) basis from the
sale of tobacco, tobacco products or smoking
implements; and
b. does not open into any other establishment in which
smoking is prohibited under this Section;
5. an unenclosed outdoor seating area of an eating establishment,
except that this defense does not apply if:
a. the outdoor seating area is adjacent to a playground or
play area for children; or
b. the location was posted as a nonsmoking area by the
owner or person in control of the establishment with a
sign complying with Subsection B of this Section;
6. a private, rented guest room in a hotel or motel that has been
designated as a smoking room by the owner or operator of the
hotel or motel; or
7. a billiard hall that does not open into any other establishment in
which smoking is prohibited under this Section, except that this
defense does not apply if:
a. any part of the billiard hall is generally accessible by a
minor; or
b. the location was posted as a nonsmoking area by the
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owner or person in control of the billiard hall with a
sign complying with Subsection B of this Section.
E. It is a defense to prosecution under Subsection B of this Section that
the establishment or area is a location for which a defense to
prosecution is provided under Subsection D of this Section.
SECTION 5: Workplace.
A. Employer Workplace Requirements. An employer who, occupies or
controls a workplace shall:
I . have and implement a written policy on smoking that:
a. conforms to this Ordinance;
b. reasonably accommodates the interests of both
smokers and nonsmokers, but minimizes the
involuntary exposure of nonsmokers to second-hand
smoke;
C. designates nonsmoking areas so as to use existing
structural barriers and ventilation to minimize
involuntary exposure of nonsmokers to second-hand
smoke; and
d. establishes a procedure for addressing employee
complaints;
2. provide conspicuous signage indicating nonsmoking areas;
3. not discharge, retaliate or discriminate against any employee who:
a. files any complaint or causes any proceeding to be
instituted under or related to this Ordinance;
b. testifies or will testify in any proceeding instituted
under this Ordinance; or
C. exercises on his/her own behalf or the behalf of others
any right afforded by this Ordinance; and
4. not be responsible for fines assessed against an employee for
violation of Subsection C of this Section.
B. Workplace Prohibition. Nothing in this Ordinance shall prohibit an
employer from designating an entire workplace as nonsmoking.
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C. Smoking Prohibited. A person commits an offense if he/she smokes in an
area designated as nonsmoking pursuant to Section 5(A)(1)(c).
SECTION 6: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined a sum not exceeding TWO THOUSAND AND N0/100 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 7: Savings/RepealingCause. 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 8: Severability. 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 9: Effective Date. This Ordinance shall become effective from and after
its adoption and publication as required by the Town Charter and by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS on this day of 2007.
CHARLES NISWANGER, Mayor
ATTESTED:
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MATTHEW DENTON, Town Secretary
DATES) OF PUBLICATION:
The Dallas Morning News (Collin County Edition)
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P
To: Mayor and Town Council
From: Ronnie Tucker, Fire Chief
Cc: Mike Land, Town Administrator
Re: Town Council Meeting — September 11, 2007
Date: September 6, 2007
Agenda Item:
Consider and act upon awarding bid contract for Brush Truck.
Description of Agenda Item:
This is a contract with Weis Fire and Safety to build a 2008 Brush Truck.
Budget Impact:
Grant has been awarded from the Texas Forest Service for $54,000.00. The remaining balance
is in the 07/08 Budget.
Legal Obligations and Review:
We went out for bids per State Law. See attached letter of recommendation.
Attached Documents:
Recommendation, Bid, and Contract from Weis Fire and Safety.
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve the contract.
Agenda Item No. 8 - Page 1 of 1
Prosper Fire Department
1500 E. First Street, P.O. Box 307, Prosper, Texas 75078
(972) 347-2424 Central Station (972) 347-3010 Facsimile
The following is my recommendation for awarding the bid to build our 2008 brush
truck.
Breakdown of Bidders and reasons why excluded.
Madison Truck Equipment, Inc $109,172,00
• According to the Texas Department of Transportation, Madison Truck
Equipment is- not licensed to sell vehicles in the State of Texas. I have
attached Texas Occupations Code, Title 14, Regulation of Motor Vehicles
and Transportation, Chapter 2301, Sale or Lease of Motor Vehicles from
the Texas Forestry Service. It is illegal for us to purchase a vehicle from a
manufacturer that is not a dealer.
Blanchat Manufacturing, Inc. $118,568.00
• Blanchat Manufacturing submitted a bid that had 25 exceptions to the
specifications that we supplied. Examples of the exceptions are gasoline
engine instead of the diesel we requested for the pump, also does not list
computer, mount or radio. Does not meet NFPA 1901 on lights for fire
apparatus.
Wildfire Truck & Equipment Sales $124,707.56
• XL model truck; our specs XLT. Wildfire specifications do not include
underbody lights, or underbody storage. It also does not have the painted
aluminum doors on the compartment doors. One inch fill line on tank
instead of one and a half inch fill line as specked. All discharge valves are
operated at the rear of the apparatus instead of the mid mount pump
panel. These are some major exceptions.
The selection for the builder that meets our specifications for the truck is Weis
Fire and Safety at $119,861.16. This truck will be completed in 190 days at the
latest. Please let me know if you have any questions.
Thank you
�� /�
Chief Ronnie Tucker
Weis Fire & Safety Equipment Co., Inc.
NE1MM * FANK3 a * ML1111111111111 a
7014111€® * INIA HW * IiIiFR
www.weisfiresafetyeom
"It's a Weis choice"
WEIS FIRE AMMENDED PROPOSAL
TO: Pgqper Fire De rtment
DATE: Auaust_318T. 2007
GENTLEMER
WEIS FIRE AND SAFETY EQUIP. CO. INC. HERBY PROPOSES TO MANUFACTURE AND FURNISH YOU, SUBJECT TO
YOUR ACCEPTANCE OF THIS PROPOSAL AND THE PROPER SIGNING AND EXECUTION OF THE ATTACHED CONTRACT
AND ADDENDUM(S) BY THE PARTIES THERETO, THE APPAPATUS AND APPUR i c CES {'- "ROM UI=SCfU F3E b AND FOR
THE.FOLLOWING PRICES LISTED BELOW. IN THE EVENT THE PURCHASES USES ITS OWN PURCHASE ORDER OR ITS
OWN CONTRACT PAGES IN LIEU OF SIGNING THE ATTACHED CONTRACT, IT SHALL BE UNDERSTOOD BY ALL PARTIES
THAT ALL TERMS AND CONDMONS OF THE ATTACHED CONTRACT AND ADDENDUM(S) SHALL TAKE PRECEDENCE
OVER ANY AND ALL OTHER DOCUMENTS.
One (1) Weis Fire Quick Attack 500 as per the Muested deletions
DELETE PANASONtC TOIJCYHWOK COMPUTEiR:-$3.505.98
DELETE CAMBER J0HNSON CCMPUTER MOUNT-: 41.384.50
DELETE MOTOROLA MOBILE RAD10` .58,851A
DELETE RADIO INSTAMATIOIU_ 130_60
NEW PRICE OP.INEIS FIRE QUICK ATTACK ON WITH DELETIONS: $119,861.16
NO FEDERAL. STATE, OR LOCAL TAXES ARE INCLUDED, UNLESS SUCH TAXES ARE ITEMIZED.
All apparatus and appurtenances shall be manufactured in accordance with the attached
specifications, with the same specifications becoming a part of the contract. Delivery shall be
made within the time specified below after receipt and acceptance by WEIS FIRE AND SAFETY
EQUIP_ CO. INC., of the properly signed and executed contract and addendum(s). The delivery
time indicated is based on the best delivery knowledge available at this time. Delivery shall be
Contingent upon delays or failure to deliver from our suppliers, delays caused by or resulting
from labor problems, chassis shortages, strikes, fire, flood, accidents, any other acts of God, or
any other circumstances which are beyond the control of this Corporation.
TERMS OF PAYMENT:
- Chassis due upon arrival ($39,796.59)
- 50% of fire body due 30 days after signing Contract ($40,032.28)
- 60% of fire body due upon completion and pick up ($40,032.29)
ALL PRICES OR QUOTATIONS ARE SUBJECT TO CHANGE OR WITHDRAWAL UNLESS ACCEPTED WITH ._30 DAYS
FROM THE DATE HEREIN SET FORTH.
BY:
Glen ippard
Bid Coordinator
WETS FIRE SAFETY CON T "_T
AGREEMENT, Made this Day of S j'��)7,
ten c between WEIS
FIRE AND SAFETY EQUIPMENT COMPANY 1NC. (Hereafter known as Weis
Fire and Safety) and the PROSPER FIRE DEPARTMENT (Hereafter know as
the BUYER) in accordance with the conditions written below and the
specifications and addendum (s) attached, which are made part of the
contract This agreement does not become binding until it is agreed to and
accepted in writing and is properly signed by an officer of Weis Fire and
Safety.
TERMS OF PAYMENT -The Buyer agrees to purchase ONE (1) WEIS FIRE
QUICK ATTACK 500 for the total sum of, not to exceed, $119,861.16 (ONE
AND SIXTEEN CENTS) excluding any taxes (IF APPLICABLE) to be paid In
full, UPON DELIVERY AND ACCEPTANCE OF THE APPARATUS. The
vehicle shall not be released to the BUYER until payment is made. If the
selling price is subject to any taxes, the taxes added will be that which is
prevailing at the time of delivery.
Payment shall be made directly to Weis Fire and Safety. No checks or any
other form of payment shall be made to any sales representatives, dealers,
agents, etc.., except on presentation, in writing of an express power of
attorney, executed by an officer of Weis Fire and Safety, authorizing
payment to any other party on behalf of Weis Fire and Safety.
IF THESE PAYMENT TERMS ARE NOT STRICTLY ADHERED TO, WEIS FIRE
AND SAFETY SHALL ASSESS A DAILY INTEREST CHARGE BASED ON AN
ANNUAL PERCENTAGE RATE OF 18% ON THE UNPAID BALANCE. IF
MORE THAN ONE VEHICLE IS COVERED BY THIS CONTRACT AND THE
VEHICLES ARE SHIPPED ON DIFFERENT DATES, THE TERMS STATED
ABOVE SHALL APPLY TO EACH VEHICLE.
TERMS:
- Chassis due upon arrival ($39,796.59)
- 50% of apparatus due 30 days from contract acceptance ($40,032.28)
- 50% of apparatus due upon completion and pick-up ($40,032.29)
DELIVERY -Delivery shall be F.O.B. SALINA, KS., within 190 calendar days
from contract acceptance by Weis Fire and Safety. Weis Fire and Safety
shall not be held liable for damages from it's failure to make of delay in
making deliveries as a result of fire, flood, riots, strikes, chassis shortages
or delays caused by it's suppliers, any acts of God, or any other
circumstances beyond Weis Fire and Safety control.
Weis Fire and Safety complies with all civic rights laws and regulations.
INSPECTION -The BUYER shall inspect the apparatus immediately upon
delivery and shall give written notice within Ten (10) days of any defects.
The vehicle shall be deemed accepted it the BUYER fails to give such
notice. The BUYER expressly waives any rights the BUYER may have to
revoke acceptance after the Ten (10) day period.
AMENDMENTS) -No modifications, alterations, additions, deletions, or any
other changes in the terms hereof shall be binding on either party unless
reduced in writing and properly executed by a duly authorized officer of
Weis Fire and Safety and a representative of the BUYER.
GOVERNING LAW -This Agreement shall be constructed and interpreted
and its performance shall be governed by the laws of the state in which the
manufacturer is domiciled.
AGREED this Day of 20 b�sj Tc
SIGNED:
9,9
.4 _r
BY:
T41e
NAME, ADDRESS AND PHONE NUMBER OF FIRE DEPARTMENT:
6"'trim i f EL �=
NAME AND PHONE NUMBER OF PERSON DISBURSING FUNDS:
ACCEPTED THIS DAY OF 20.
WEIS FIRE AND SAFETY
SIGNED:
BY:
TITLE:
�L
1�
P Fes./'
To: Mayor and Town Council
ENGINEERING
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Re: Town Council Meeting - September 11, 2007
Date: September 7, 2007
Agenda Item:
Discuss and give direction regarding the Preston 48 Addition development located in the
southwest quadrant of Prosper Trail and Highway 289.
Description of Agenda Item:
On July 10, 2007, the Preston Lakes Homeowners Association addressed the Town Council on
the erosion issues experienced on Grapevine Court and Bridgeport Drive. Based on the
conversations at that meeting, Town staff and the developer of the Preston 48 Addition
development have been working on addressing their concerns.
Engineering plans for the proposed retaining wall along the south side of the development were
submitted to the Town for review on July 23, 2007. Due to the extent of the review comments,
Town staff and the developer met on site with the retaining wall structural engineer on July 31,
2007, to discuss the proposed revisions to the retaining wall to address existing field conditions.
At that time the developer agreed to contract with the original site engineer to resurvey the
property to adequately design the drainage for the development in conjunction with the
proposed retaining walls.
On August 24, 2007, the original site engineer contacted Town staff to discuss the progress of
the revised plans. He had been working with the structural engineer and was in the process of
revising the plans to address the concerns raised by Town staff on July 31, 2007. As soon as
they are complete, he will forward them to the developer first prior to submittal to the Town for
review. The plans have not yet been received by Town staff.
Currently the developer is constructing the strip center along Preston Road south of the new
carwash and as a condition of receiving a Certificate of Occupancy, is required to complete the
retaining walls for the development.
Budget Impact:
None
Legal Obligations and Review:
NIA
Agenda Item No. 9 - Page 1 of 2
Attached Documents:
September 6, 2007, email from Preston Lakes Subdivision resident Mike Simmons
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council discuss and give direction regarding the Preston
48 Addition development located in the southwest quadrant of Prosper Trail and Highway 289.
Agenda Item No. 9 - Page 2 of 2
Matthew Denton
From: Simmons, Mike [mike.simmons@fiserv.com]
Sent: Thursday, September 06, 2007 2:03 PM
To: charles_niswanger@prospertx.gov; kenneth—dugger@prospertx.gov;
daveturley@prospertx.gov; kevin drown@prospertx.gov; mike wadsworth@prospertx.gov;
david__bristol@prospertx.gov; ray smith@prospertx.gov
Subject: Royal Development in Prosper
Mayor and Town Council members of Prosper,
My name is Mike Simmons and I am a resident of the Preston Lakes subdivision in Prosper. Several of my neighbors and
1 had addressed the Town Council two months ago, at the end of June, regarding the damages that have occured to our
properties due to the construction, or lack thereof, at the Royal properties to our North.
I wanted to update you that since that meeting we have not received any communication from the developer of the
properties, as was the request of Mayor Niswanger, as to what their plans are for restoring our property lines, repairing
the damages that resulted from their construction, or how their plan will ensure that no future damages occur. There has
also been no work done on preventing the errosion and continuous destruction of mine and my neighbors properties since
that meeting. -
These damages are not soley limited to the ministorage unit parcel of land they are developing but also include the parcel
of land that is being developed for the strip center that faces Preston Road. In the past two months two other homes
properties, 951 & 931 Bridgeport, have been damaged, one of the homes back fences is being held up by 2x4s as can be
seen coming Southbound on Preston Road. Again, these homes do not front the ministorage unit development but
instead front the strip center development that is currently under construction. At the town council meeting the developer
had explained that the heavy rain we experienced in June slowed the development of the property, but we have not had
much rain since then and cannot understand the continuing delay in repairing the damages. Over the past several weeks
the developer has begun the construction of the strip center along Preston Road and we find it insulting that their priorities
seem to be in completing the construction their business but not in repairing the damages they caused to our properties.
I have recently spoken to Hulon Webb and he has advised me that the plans submitted by the developer for the retaining
wall along the North side of our properties have still not been approved and we are now under the impression that it may
be a combination of the town of Prosper and the developer that are delaying the repairs to our properties. Like Prosper,
we also want to make certain that the retaining wall that is built is of sound quality and understand the revision process as
being a means of ensuring the structural integrity of such a wall. We are now beginning to feet as though, with the
revision of the retaining wall plans taking more than 4 months now, a reasonable amount of time has elapsed for the
developer and the town engineer to have developed an acceptable plan.
We ask that you and the rest of the town council look upon this issue as if it were your property, as if it were your home
that was affected in the same manner. We have appreciated your assistance in this matter and also appreciate your
continued assistance in aiding in a timely resolution. I and several other home owners do still intend on attending an
upcoming town council meeting to update you again on the progress, or tack thereof, of this issue.
If 4 ._fir mmo&