05.27.2008 Town Council Packet1.
2.
3.
4.
5.
riSPER
OWN 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, May 27, 2008 at 6:00 p.m.
Announcements of dates and times of upcoming community events.
Administer Oath and Issuance of Certificate of Election to Elected Councilmember. (MD)
Presentation of appreciation for outgoing councilmembers and incoming councilmembers.
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.)
6. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
May 13, 2008 — Regular Town Council Meeting
May 19, 2008 — Special Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. An update on the Town's construction of the Folsom Park Improvements. (WI)
C. 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
d. Consider and act upon the financial statements ending April 30, 2008. (MG)
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.)
7. 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 items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.)
Page I of 3
PUBLIC HEARINGS
8. A public hearing to consider and act upon a request to rezone 80.3f acres, located on the northeast corner
of Prosper Trail and Coleman Street, to amend Planned Development-24 (Ariana Estates) regarding the
thoroughfare screening requirements. (Z08-6) (WI)
DEPARTMENT ITEMS
9. Consider and act upon the appointment of a Mayor Pro-Tem and Deputy Mayor Pro-Tem. (MD)
10. Consider and act upon drawing lots between Place 3, Place 4, and Place 5 to determine which Place shall
receive a two year term and which Places will receive three year terms. (MD)
11. Consider and act upon 1) approval of a Right of Way Services Agreement with Property Acquisition
Services, Inc., regarding the removal of Business SH 289 (US 380 to SH 289) and FM 1193 (Business SH
289 to from the Texas Department of Transportation's roadway network and 2) adopt a resolution
authorizing the Town Manager to execute the same. (HW)
12. Consider and act on a resolution designating the 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 a grant application for
program assistance. (WI)
13. Consider and act on a resolution designating the Town Manager as the project official/representative to act
on behalf of Town in dealing with Texas Parks and Wildlife Department (TPWD) for the purpose of
participating in the TPWD Outdoor Recreation Grant; and authorizing the submittal of a grant application
for program assistance. (WI)
14. Consider a Resolution authorizing the Town Manager to engage Freese & Nichols to perform an analysis of
the Town of Prosper's non-residential development standards. (ML)
15. Consider and act upon 1) an Interlocal Agreement with the Prosper Independent School District, regarding
the master plan development of the 57 acre Community Park. (WI-1)
PUBLIC HEARING
16. A public hearing to consider and act upon franchise fee increases on Atmos Energy Corporation Gas
franchises. (MG)
17. Town Manager's Comments.
18. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
19. Adjourn.
CERTIFICATION
I, 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, May 23, 2008 at
5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
Page 2 of 3
joatthew D. Denton, TRMC Date Noticed Removed
wn Secretary
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at
any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting
be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a
result of this Executive Session, will be taken and recorded in open session.
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) 347-2111. BRAILLE IS NOT AVAILABLE.
Page 3 of 3
ISPER
OWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:05 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, May 13, 2008 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem.
Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and Ray Smith.
Staff present included: Mike Land, Town Manager; Matthew
Development Services; Chris Copple, Senior Planner; Wade I
Secretary. A
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor Phil Hamblin, Rhea's Mill Baptist
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of u
4. Consider and act upon an
results for the Gener%l E-1
fi�
declare the resultsof the
adopted. (MD)v,..
r
Matthew Denton, Town Secretary, t
meeting. Denton irifoririedythe coun
accounted for vet and wouldndealt
Motioned bADeputy Mayor Pro-Te
Special TowriCouncil meeting.
Motion approved DA.,
1, Deputy Mayor Pro-Tem Dave
% inance Direct6Fg ulon Webb, Director of
Senior Planner; an& ' atthew Denton, Town
m to receiv aiid accepfraRRrue and correct the Canvassed voting
on May 10, 2008 as presented by the Town Secretary and hereby
be set forthin an ordinance and that said ordinance should be
ed?co : cil table .this item until the May 19, 2008 Special Town Council
y��xax et,
there were.sstill$ provisional ballots and 3 overseas ballots that have not been
the Early Voting Ballot Board on Friday, May 16, 2008.
ded by Councilmember Dugger to table item 4 until the May 19, 2008
5. Administer OMth,�and Issuance of Certificate of Election to Elected Councilmembers. (MID)
No action taken. i%��
PRESENTATIONS e
6. Presentation of appreciation to outgoing Councilmembers.
No action taken.
7. Presentation of a proclamation for Click it or Ticket.
Mayor Niswanger read a proclamation for Click it or Ticket.
Page 1 of 3
CONSENT AGENDA
8. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• April 22, 2008 —Regular Town Council Meeting
ORDINANCES, RESOLUTIONS. AND AGREEMENTS
b. Consider and act upon whether to direct staff to submit a written notice oft eal on behalf of the Town
Council to the Development Services Department, pursuant to Chapt�erSection 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) ..
C. Consider and act upon an ordinance rezoning 0.8f acre. (101 East iBi¢adway), located on the
northeast corner of Broadway Street and Coleman Streets om Single Family-15�(8F-15) to Downtown
Office (DTO). (Z08-5) (CC) .r va, .
d. Consider and act upon an ordinance rezoning 127.'8f
400t feet east of Dallas Parkway, to amend Planned l
regarding the landscape requirements. (Z08-4) (WH)
e. Consider and act upon a Mutual Aid confractwith Collin
ANNEXATION PETITIONS
f. Consider and act to accept a 1
and call for a service pla;M.
located north of Hwvh380 and
Motioned by Councilmem
f. Motion approved 7-0.
9
by
presented
Gee Road.
by Counc
I W. 38rJ
on of app
south side of Arosper Trail,
�tonwood Baptist Church)
services. (RT)
. to set dates for two public hearings
ly 101.572 acres of land generally
to approve the consent agenda items a through
Lloyd Mills, 4:90 Cloud View Court, gave a short presentation on the Town creating an ordinance requiring public
disclosure for organizations using ci ,re§, ources.
Scott Scher, 981 Wood'�iew addresse the council regarding the May 10, 2008 General Election.
Danny Wilson, 671 Willow 'yi vl addressed the council regarding statements made by Scott Scher.
REGULAR AGENDA
PUBLIC HEARINGS
10. A public hearing to consider and act upon a request to rezone 80.3f acres, located on the northeast corner
of Prosper Trail and Coleman Street, to amend Planned Development-24 (Ariana Estates) regarding the
thoroughfare screening requirements. (Z08-6) (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Page 2 of 3
Motioned by Councilmember Dugger, seconded by Deputy Mayor Pro-Tem Turley to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:32 p.m.
Mark Webb, Webb Consulting, answered questions for the Council.
Motioned by Councilmember Wadsworth, seconded by Councilmember Dugger to continue the public hearing until the
May 27, 2008 Town Council meeting.
Motion approved 6-1 with Mayor Pro-Tem Bristol voting "no".
DEPARTMENT ITEMS
Motioned by Wadsworth, seconded by Councilmember Drown to table items;,. 'through 6 until the May 27, 2008 Town
Council meeting.
Motion approved 6-1 with the Mayor abstaining.
11. Consider a Resolution authorizing the Town Manager to engage Freese &"Nichols to perform an
analysis of the Town of Prosper's non-residential develo ment standards. (ML)
12. Consider and act upon 1) approval of a Right of Way Service's Agreement with Property Acquisition
Services, Inc., regarding the removal of Business SH 289ontS380 to SH 289) and FM 1193 (Business
SH 289 to SH 289) from the Texas Department of Transportation's, roadway network and 2) adopt a
resolution authorizing the Town Manager to execute the same. WIN'
13. Consider and act on a resolution designating the -'Town Manager asfthe project official/representative
to act on behalf of Town in dealing with Collin Cot uny Dior. the urpose of participating in the Collin
County Parks and Open Space Assistance Prog ram; and authorizing the submittal of a grant
application for program assistance. (WH)
14. Consider and act onAWresolution designating the Town Manager as the project official/representative to act
on behalf of Towng°in,,d'ealing with Texas Parks nid Wildlife Department (TPWD) for the purpose of
participating in the TpWn Outdoor Recreation Grant; and authorizing the submittal of a grant
gym. 1$
application for program assistance. (WHJ
15. Discus0and give direction to H §for the Gateway Enhancement Project. (ML)
16. N-e
Toit_Manager's Comments
17. Possibly. irect Town Staff to schedule topic(s) for discussion at a future meeting.
18. Adjourn.
Motioned by DepuNMayorTem Turley, seconded by Councilmember Smith to adjourn.
Motion approved 7.
The meeting was adjourned at 6:42 p.m.
Matthew D. Denton, TRMC
Town Secretary
Charles Niswanger, Mayor
Page 3 of 3
ISPER
OWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:09 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Special Called Meeting of the Prosper Town Council
Prosper Fire Station
1500 E. First Street, Prosper, Texas
Monday, May 19, 2008 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Deputy Mayor Pro-Tem Dave Turley, Kenneth Dugger,
Kevin Drown, Mike Wadsworth, and Ray Smith.
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; and
Matthew Denton, Town Secretary.
2. Consider and act upon an ordinance to receive and accept as true and correct the Canvassed
voting results for the General Election held on May 10, 2008 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)
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro -Tern Turley to approve item number
2. Motion approved 6-0.
3. Administer Oath and Issuance of Certificate of Election to Elected Councilmembers. (MD)
Matthew Denton, Town Secretary, Administered the Oath of Office to Meigs Miller and David Vestal.
Mayor Niswanger signed the Certificate of Election.
4. Presentation of appreciation to outgoing Councilmembers.
Mayor Niswanger made a presentation of appreciation to Kevin Drown and Mike Wadsworth for their
contributions to the Town of Prosper for their time on the Town Council.
5. Adjourn. ,:,::.;.:
Motioned by Councilmember Dugger, seconded by Councilmember Smith to adjourn.
Motion approved 6-0.
The meeting was adjourned at 6:15 p.m.
Matthew D. Denton, TRMC
Town Secretary
Charles Niswanger, Mayor
PARKS A
RECREATION
To: Mayor and Town Council
From: Wade Harden, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Mike Land, Town Manager
Re: Town Council Meeting — May 27, 2008
Date: May 20, 2008
Agenda Item:
An update on the Town's construction of the Folsom Park Improvements.
Description of Agenda Item:
On May 9th Town Staff issued a notice to proceed to S.P.S.D., Inc. to commence construction of
the Folsom Park improvements. To date the contractor has installed S.W.P.P.P. measures,
surveyed the job site and is working on demolition of a portion of the hike and bike trail.
The project is a 75 calendar day contract and should be completed by late July, weather
permitting. Staff is working with the contractor on the scheduling of materials in hopes to have
the field surfaces installed as early as feasible in order to assist with the establishment of the
turf.
Budget Impact:
Funding for the construction will be paid from the 06' Bond funds, of which 50% of the total
$549,869 will be reimbursed by an approved Collin County Parks and Open Space Grant.
Legal Obligations and Review:
No legal review has occurred regarding this specific item.
Attached Documents:
• Folsom Park Site Plan (1 pg.)
Town Staff Recommendation:
No action by the Town Council is required on this item.
Agenda Item No. 6b - Page 1 of 2
Not folk cnNei Urr1UM
b UNINCr to CpqAMVI
Agenda Item No. 6b - Page 2 of 2
t
''�� PLANNING
p TOWN ER.
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 — May 27, 2008
Date: May 21, 2008
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 Aoenda Item:
Attached are the site plans and preliminary site plans acted on by the Planning & Zoning
Commission at their May 20, 2008 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 of Whispering Farms Commercial Center, Block A, Lots 4R-C, 4D,
and 4E, approved 6-0 by the Planning & Zoning Commission.
2. Site plan of Whispering Farms Commercial Center, Block A, 4D and 4E, approved 6-0
by the Planning & Zoning Commission.
Town Staff Recommendation:
Town staff recommends that the Town Council take no action based on the approval of the site
plans and preliminary site plans by the Planning & Zoning Commission.
Agenda Item No. 6c - Page 1 of 1
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PIISPER
TOWN
Regular Meeting
Prosper Town Council
May 27, 2008 6:00 p.m.
To: Mayor, Town Council and Town Manager
From: Matthew Garrett, Finance Director
Re: April 2008 Financial Reports
The Financial Report of the Town of Prosper for the month of March 2008 is a reporting of the cash,
taxes, revenues, and expenditures in summary and by department. The 2004 and 2006 Bond summaries
have been added to the condensed financials for your review.
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, notes
on current month operations and various statistics have been added to better explain the figures provided.
To save on copy costs, only the revenue and expense summaries are printed for review. Individual
department summaries are available at Town Hall upon request.
At the end of April 2008 revenues are exceeding expenditures in both the General Fund and the Water
Fund. The General Fund revenues are largely based on the collection of property taxes from December
2007 through February 2008. Property tax collected as of April 30, 2008 totals 97.68 % of total levied
for the current fiscal year before adjustments. Total delinquent taxes remaining to be collected for the
years 1991 through 2006 is $21,085. Total cash in the bank at the Town's local bank, for all funds, is
$1,454,829; the government pools, TexPool and TexStar, have a total of $24.1 million for all funds. The
total cash for restricted funds is $16.1 million. Restricted funds include bond money, impact fees, park
improvement & dedication fees, escrow paid, debt service funds and special revenue funds collected for
specific purposes. Monthly sales tax collections have increased as compared to last month, but are still
below the projected estimates for Fiscal Year 2008. The total current sales tax collected is 17% below
total budgeted to date.
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.
-y
F
• 1;
1
P
T'
IOSPER
WN OF April, 2008
FINANCIAL REPORTING TABLE OF CONTENTS
1. INTRODUCTION
2. FINANCIAL OVERVIEW
CASH OVERVIEW SUMMARY
SUMMARY BY FUND
COMBINED REVENUE & EXPENDITURE SUMMARY
3. CASH BALANCES AND GRAPHS
BANK BALANCES
TEXPOOL / TEXSTAR 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. CAPITAL PROJECT BONDS
2004 BOND
2006 BOND
Individual Department Summaries available upon request
priOWN OF
s PER.
FINANCIAL SUMMARY
Financial Overview
CASH OVERVIEW SUMMARY
SUMMARY BY FUND
COMBINED REVENUE & EXPENDITURE SUMMARY
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OWN OFP riSPED.
FINANCIAL SUMMARY
CASH BALANCES & GRAPHS
BANK BALANCES
TEXPOOL / TEXSTAR BALANCE
TEXPOOL / TEXSTAR FUND DISTRIBUTION
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OWN OFP riS P E R.
FINANCIAL SUMMARY
PROPERTY TAX REPORT & GRAPH
PROPERTY TAX REPORT
THREE (3) YEAR PROPERTY TAX COMPARISON
TOWN OF PROSPER
PROPERTY TAX COLLECTIONS REPORT
Apr-08
TAX
YEAR
BEGINNING
BALANCE
COLLECTIONS
CHANGES
+/.
ENDING
BALANCE
TAXES PSI TOTAL
2007
4,088,818.74
3,993,967.41
27,752.58
4,021,719.99
120,944.46
215,795.78
2006
49,013.71
57,675A1
6,224.16
63,899.67
23,149.55
14,487.85
2005
7,177.41
3,992.63
938.87
4,931.50
0.50
3,185.28
2004
1,009.67
35.99
35.99
(35 99)
1,009.67
2003
443.20
-
443.20
2002
601.86
-
601.86
2001
360.72
-
360.72
2000
96.42
-
96.42
1999
37.08
-
37.08
1998
23.27
-
23.27
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
227.181
227.18
OTALS
4,148,422.58
4,055,599.461
34,915.611
4,090,515.07
144.058.51
236.881.63
CURRENTLEVY
LEVY @ 10/01/07 :
4,088,818.74
ADJUSTMENTS
120,944.4
TOTAL LEVY @ 04/30/08
4,209,763.1
COLLECTED TO DATE
3,993,967.41
UNCOLLECTED TO DATE
215,795.78
• OF LEVY COLLECTED BEF. ADJ
97.68%
• OF LEVY COLLECTED INCL.. ADJ
94.87%
STANDING CURRENT LEVY
Tax Rate Levy
atlans (53%) 0.275075% 2,226,924.25
Servke(47%) 0.244925% 1,982,838.94
ED VALUATION
TAXABLE PROPERTY @ 10/01/07: 1,465,865,97111
�HANGES TO ROLL (+/-) : 23,2
ARABLE PROPERTY @ 04/30/08 1,489,1
Entry changes with each months activity.
LEVY @ 10/01/07 :
59,603.84
ADJUSTMENTS
23,114.06
TOTAL LEVY Q
82,717.90
COLLECTED TO DATE
61,632.05
UNCOLLECTED TO DATE
21,035.85
OF LEVY (ME ADJ) COLLECTED
Less Collected
Outstanding
2,112, 770.86
114,153.
1,881,196.55
101,642.
3,993,967.41
215,795.
PROPERTY TAX COLLECTIONS
THREE (3) YEAR COMPARISON
FOR PEAK COLLECTION MONTHS
$1,750
$1,500
$1,250
C
H $1,000
L $750 -
~ $500-
$250
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
0.-r-
120% Tj
p 100%
m 80%
O
U 60%
8
40%
N
a 20%
0%
Oct Nov
PROPERTY TAX COLLECTIONS
THREE (3) YEAR COMPARISON
PERCENT OF TOTAL DUE (Before Adjustments) COLLECTED
Dec Jan Feb Mar Apr May June July Aug Sept
!
: % of Total
- _ - .
% of Total
% of Toted
Month
F Y 05 TE
Taxes Due
Taxes Due
Taxes Due
Oct
$
f W.-W
0.07%
$
29,457.50
1.03%
$
50,747.84
1.22%
Nov
$
51,306.76
3.07%
$
70,460.97
2.46%
$
279,501.69
6.74%
Dec
$
665,598.53
39.89%
$
906,001.34
31.63%
$
1,492,718.39
35.98%
Jan
$
423,246.34
25.36%
$
876,903.32
30.61%
$
1,258,106.15
30.33%
Feb
$
387,560.32
23.22%
$
744,527.90
25.99%
$
708,460.51
17.08%
Mar
$
34,578.18
2.07%
$
114,929.76
4.01 %
$
166,240.49
4.01 %
Apr
$
28,827.86
1.73%
$
46,745.77
1.63%
$
134,741.00
3.25%
May
$
17,896.93
1.07%
$
43,138.91
1.51%
June
$
26,630.43
1.60%
$
35,827.46
1.25%
July
$
23,375.92
1.40%
$
70,078.70
2.45%
Aug
$
7,195.32
0.43%
$
36,247.22
1.27%
Sept
$
6,076.11
0.36%
$
13,684.32
0.48%
YTD Totals $ 1,673,479.88 100.28% $ 2,988,003.16 104.31% $ 4,090,515.07 98.60% Collected YTD
includes delinquent
collections
$ 1,668.772.29 $ 2,864,424.61 $ 4,148,422.58 Total taxes due
includes delinquent
before adjustments
priNN OF
PER
FINANCIAL SUMMARY
SALES TAX & GRAPHS
TOTAL SALES TAX COLLECTED
PROSPER SALES TAX ALLOCATION
PEDC SALES TAX ALLOCATION
5
$250,000
$200,000
$150,000
$100,000
$50,000
S-
Month
OP` 404 Op 1ac
Oct
$
196,881.25
$
166,712.63
Nov
$
170,412.36
$
141,697.21
Dec
$
167,516.79
$
116,018.11
Jan
$
160,464.80
$
146,282.04
Feb
$
165,611.73
$
119,028.30
Mar
$
140,085.12
$
124,929.81
Apr
$
196,971.39
$
96,866.94
May
$
180,523.03
$
196,793.13
June
$
166,563.38
$
129,919.29
July
$
178,924.32
$
126,538.37
Aug
$
130,518.50
$
119,679.50
Sept
$
154,215.18
$ 122,140,90
THREE YEAR (3) COMPARISON
TOTAL COLLECTIONS -SALES TAX
TOWN OF PROSPER, TEXAS
pep
mat
Phi
jai
1e
■ FY 05,M
■ FY 0"7
■ FY 07-M
$ 124,885.22 $
$ 106,473.48 $
$ 105,454.73 $
$ 108,657.68 $
$ 109,286.86 $
$ 101,721.88 $
$ 112,706.99 $
$ Amount % of Change
Inc / Dec Inc Wadi
(41,827.41)
-25.09%
(35,223.73)
-24.860/.
(10,563.38)
-9.10%
(37,604.36)
-25.71 %
(9,741.44)
-8.18%
(23,207.93)
-18.58%
15,840.05
16.35%
YTD Totals $2,008,687.85 $1,606,586.23 $ 769,186.84 $ (142,328.20)-15.61%
THREE YEAR (3) COMPARISON
TOWN OF PROSPER SHARE OF SALES TAX
PROSPER, TEXAS
$160,00o
$140,000
$120,000
$100,000 - - — - - -- --- — — -
$80,000
$6Q000 -
i
$40,000 - -
$20,000 - -
$- r - -
�} . joy
OFY 05.06 ■ FY 06-07 ■ FY 07.08
Month
Oct
$
147,660.94
$
125,034.47
Nov
$
127,809.27
$
106,272.91
Dec
$
125,637.59
$
87,013.58
Jan
$
120,348.60
$
109,696.53
Feb
$
124,208.80
$
$9,271.23
Mar
$
105,063.84
$
93,697.36
Apr
$
147,728.54
$
72,650.21
May
$
135,392.27
$
147,594.85
June
$
124,922.54
$
97,439.47
July
$
134,193.24
$
94,903.78
Aug
$
97,888.88
$
$9,759.63
Sept
$
115,661.39
$
91,605.67
YTD Totals $ 1,506,515.90 $1,204,939.69
$ Amount
% of Change
Inc / Dec
Inc /(Dec)
$ 93,663.91
$ (31,370.56)
-25.090/6
$ 79,855.10
$ (26,417.81)
-24.86%
$ 79,091.05
$ (7,922.53)
-9.10%
$ 81,493.26
$ (28,203.27)
-25.71%
$ 81,965.14
$ (7,306.09)
-8.18%
$ 76,291.41
$ (17,405.95)
-18.58%
$ 84,530.24
$ 11,880.03
16.35%
$ 576,890.11 3 (106,746.18) -15.61 %
$1,200,000.00 Budgeted Sales Tax
Apr. Budgeted:
$
95,040.00 for month of April, 2008
Apr. Received:
$
84,530.24
$
10,509.76
-11.058% April variance
YTD Mo'ly Budgeted:
$
698,280.00 YTD October- April, 2008
YTD Mo1y Received:
$
576,890.11
$
121,389.89
-17.384% YTD variance
THREE YEAR (3) COMPARISON
ECONOMIC DEVELOPMENT CORP.-SALES TAX
PROSPER, TEXAS
$60,000
$50,000
$40,000
$30,000
$20,000
$10,000
O5l 10 oqp lac
Month
Oct
$
49,220.31
$
41,678.16
Nov
$
42,603.09
$
35,424.30
Dec
$
41,879.20
$
29,004.53
Jan
$
40,116.20
$
38,565.51
Feb
$
41,402.93
$
29,757.08
Mar
$
35,021.28
$
31,232.45
Apr
$
49,242.85
$
24,216.74
May
$
45,130.78
$
49,198.28
June
$
41,640.85
$
32,479.82
July
$
44,731.08
$
31,634.59
Aug
$
32,629.63
$
29,919.88
Sept
$
38,553.80
$ 30,535.23
YTD Totals $ 502,171.98 $ 401,646.57
a FY 0S-06
■ FY 06-07
■ FY 07-08
>Jce ,4
.1, VA 'A
$ Amount
% of Change
Inc/Dec
Inc Wed
$ 31,221.31
$ (10,456.85)
-25.09%
$ 26,618.38
$ (8,805.92)
-24.86%
$ 26,363.68
$ (2,640.85)
-9.10%
$ 27,164.42
$ (9,401.09)
-25.71 %
$ 27,321.72
$ (2,435.36)
-8.18%
$ 25,430.47
$ (5,801.98)
-18.58%
$ 28,176.75
$ 3,960.01
16.35%
$ 192,296.73 $ (35,582.04)-15.61%
$ 390,000.00 Budgeted Sales Tax
priOWN OF
SPER
CAPITAL PROJECTS
BOND SUMMARIES
2004 BOND
2006 BOND
1-r
OWOFP
S P O R 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.
Description of Project Date of Describetween
Ion of Amount
and Expenditure Expenditure Expended Estimated Cost
Estimated Cost and Amount
Fire Station
Pogue Construction
$100,000.00
$130,248.00
$499,000
Pogue Construction
$ 25,174.00
$105,074.00
$230,248
12/9104
Pogue Construction
$ 85,957.00
$ 19,117.00
Proj:04-01
07/31/06
$ 19,116.55
$ .45
Total
$230,247.55
Diff added to othr project
(.45).
$ 0
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 Lfft Station 10/27/04 Dickerson Construction $ 224,505.43 $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
Pro): 04-02 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 sewa a north to CR 122.
Danville/Prosper Water — -- -- —
Improvements
$84,000
Proj: 04-03
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
$8,946;488
02/03/06
Freese & Nichols
$ 110,250.00
$ 8,085,853.60
02/20/06
Freese & Nichols
$ 11,537.24
$ 8,074,316.36
$6;44 46
03/15/06
Freese & Nichols
$ 7,047.73
$ 8,067,268 63
$8,242,972
03/15/06
Freese & Nichols
$ 120,015.00
$ 7,947,253.63
04/07/06
Freese & Nichols
$ 74,235.00
$ 7,873,018.63
Proj: 04-04
04/07/06
Freese & Nichols
$ 15,971.38
$ 7,857,047.25
05/16/06
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
Moved to Project 04-07
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. Hodason
$ 496.636.25
$ 2.972.620.41
1/19107
Freese & Nichols
$ 5.635.02
$ 2,966,985.39
1/19/07
Freese & Nicho
$ 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
2/12107
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
3/13107
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
Moved to Project 04-07
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
06/20/07
Freese & Nichols
$ 12,869.13
$ 491,023.23
06/20/07
W. R. Hodgson
$ 27,113.00
$ 463,910.23
06/25/07
Home Depot
$ 223.46
$ 463,686.77
Added Chg order $119,029
07/2007
$ (119,029.00)
$ 582,715.77
07/23/07
Freese & Nichols
$ 10,379.53
$ 572,336.24
07/23/07
Freese & Nichols
$ 3.393.83
$ 568,942.41
07/23/07
W. R. Hodgson
$ 5,320.00
$ 563,622.41
08/31/07
Red River Const
$ 22,427.97
$ 541,194.44
08/31/07
Freese & Nichols
$ 2,387.37
$ 538,807.07
09/30/07
Red River Const
$ 77,824.02
$ 460,983.05
12/11/07
Red River Const
$ 41,013.65
$ 419,969.40
Moved to Project 04-07
01/08/08
App. Consul Grp -land
$ 1,800.00
$ 418,169.40
Moved to Project 04-07
01/08/08
App. Consul Grp -land
$ 2,800.00
$ 415,369.40
01/08/08
Freese & Nichols
$ 1,624.40
$ 413,745.00
01/14/08
Freese & Nichols-reimb
$ (2,000.00)
$ 415,745.00
01/31/08
Freese & Nichols
$ 1,239.35
$ 414,505.65
01/02/08
Red River Const
$ 73,945.73
$ 340,559.92
02/12/08
Freese & Nichols
$ 630.51
$ 339,929.41
02/23/08
W.R. Hodgson
$ 119,442.23
$ 220,487.18
02/29/08
Freese & Nichols
$ 1,937.93
$ 218,549.25
Moved to P T El Sto-Proj 07
11/10/06
Spiars Engineering
$ (1,850.00)
$ 220,399.25
Moved to P T El Sto-Proj 07
04/10/07
Spiars Engineering
$ ( 475.00)
$ 220,874.26
Moved to P T El Sto-Prof 07
01/08/08
App. Consul Grp -land
$ (1,800.00)
$ 222,674.25
Moved to P T El Sto-Prof 07
01/08/08
App. Consul Grp4and
$ (2,800.00)
$ 225,474.25
Balance moved-proj comp)
03/31/08
$ 200,774.50
$ 24,699.75
04/03/08
Red River Const(final)
$ 2,599.75
$ 22,100.00
04/29/08
Freese & Nichols
$ 746.69
$ 21 353.31
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. These projects are essentially complete and the ground
storage tank, pump station, and 30" water line are in service. The balance makes up the remaining retainage
to be paid upon completion of the oroiect
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;800•,GAA Total $ 72,188.68
$72 188.68 Pro : 04-05
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.
Police Department
Renovations
$60,000 Pro : 04-06
Status: Pending -Depending on where the Town Hall moves, we will need to renovate some of the space
in the possibly vacated offices of Town Hall for use for the officers. We may also enlarge the Court Room by
removing walls in the present location at 110 W. Broadway
Prosper Trail Elevated
11/10/06
Spiars Engineering
$ 1,850.00
$ 98,150.00
Storage Tank
04/10/07
Spiars Engineering
$ 475.00
$ 97,675.00
$100,000
01/08/08
App. Consul Grp -land
$ 1,800.00
$ 95,875.00
Pro : 04-M
01/08/08
App. Consul Grp -land
$ 2,800.00
$ 93 075.00
Status
Folsom Park
11/13/07
Appraisal Consultation
$ 2,800.00
$ 697,200.00
$700,000
01/08/08
La Terra Design
$ 5,320.00
$ 691,880.00
Proj: 04-08
04/01/08
La Terra Design
$ 24,358.00
$ 667,522.00
04/15/08
Denton Co Electric
$ 12,219.88
$ 655,302.12
04/28/08
Plans Reimb
$ 360.00
$ 655,662.12
Status: Folsom Park design
is being designed by La Terra Studios. This project will be bid in March,
2008. Anticipated completion date
is summer 2008.
Athletic Field Work
$200,000
Pro'. 04-09
Status
La Cima Sewer Force Main
$60,000
Pro : 04-10
Status
Town Phone system
$63,200
Prof: 04-11
Status
Remaining Funds
2/9/07
City of Frisco
$ 5,000.00
$280,061.06
Available including
3/27/07
Randall Scott Architects
$ 7,300.00
$272,761.06
interest.
05/22/07
Randall Scott Architects
$ 6,000.00
$266,761.06
$ 285,061.06
05/31/07
Tx Meter
$ 235.56
$266,525.50
09/30/07
HP Envirovision
$1,230.00
$265,295.50
3131/08
Interest Added
($3,908.00)
$269,203.50
04/30/08
Interest Added
($3,104.54)
$272,308.04
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 + Interest Earned - Expenditures = Balance
$10,500,000.00 $ 884,681.58 $9,875,083.86 $ 1,509,597.72
General Ledger: FY 03/04 Expense $ 436,766.99
FY 04/05 Expense $ 1,116,373.81
FY 05/06 Expense $ 2,358,336.22
FY 06/07 Expense $ 5,673,487.72
FY 07/08 Expense $ 290,119.12
Total Expenses $ 9,875,083.86
Pri74WN OF
S P E R. 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 4.
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.
Description of Project Date of I Description of I Amount between
and Expenditure Expenditure Expended Estimated Cost
Estimated Cost and Amount
Project:
12/13/06
Freese & Nichols
$
5,457.81
$4,401,752.19
1.5 MG Elevated Storage
12/13/06
Freese & Nichols
$
3,351.81
$4,398,400.38
1
Tank and 1°` Street 20"
01/19/07
Freese & Nichols
$
6,811.20
$4,391,589.18
Water Line
01/19/07
Freese & Nichols
$
9,519.69
$4,382,069.49
$6,17-3000
02/15/07
Freese & Nichols
$
18,945.13
$4,363,124.36
Contract $4,407 210
02/16/07
Freese & Nichols
$
21,622.24
$4,341,502.12
Acq Land & Easement
02/27/07
Freese & Nichols
$
53,452.37
$4,288,049.75
S-692.788
02/27/07
Freese & Nichols
$
1,533.92
$4,286,515.83
03/19/07
G.M. Geer
$
1,350.00
$4,285,165.83
Total $5,000,000
04/10/07
Freese & Nichols
$
920.00
$4,284,245.83
$4,407,210
05/02/07
Freese & Nichols
$
18,181.50
$4,266,064.33
06/14/07
TXU
$
250.00
$4,265,814.33
06/30/07
Freese & Nichols
$
42,957.60
$4,222,856.73
Proj: 06-01
07/23/07
Freese & Nichols
$
46,715.00
$4,176,141.73
08/31/07
Freese & Nichols
$
10,408.54
$4,165,733.19
08/31/07
Freese & Nichols
$
5,272.75
$4,160,460.44
08/31/07
Freese & Nichols
$
11,595.00
$4,148,865.44
08/31/07
Dallas Morning News
$
267.40
$4.148,598.04
09/30/07
Freese & Nichols
$
396.75
$4.148.201.29
10/16/07
LandAmerica Title
$ 458.00
$4,147,743.29
11/19/07
Four D Construction
$ 496,831.95
$3,650,911.34
11/19/07
Landmark Structures
$ 230,636.25
$3,420,275.09
12/11/07
Landmark Structures
$ 336,395.00
$3,083,880.09
12/18/07
Four D Construction
$ 158,553.90
$2,925,326.19
01/08/08
Freese & Nichols
$ 4,111.25
$2,921,214.94
01/14/08
Landmark Structures
$ 613,260.15
$2,307,954.79
02/06/08
Landmark Structures
$ 218,916.10
$2,089,038.69
02/11/08
Four D Construction
$ 146,639.43
$1,942,399.26
02/29/08
Freese & Nichols
$ 5,232.50
$1,937,166.75
03/12/08
Landmark Structures
$ 160,312.50
$1,776,854.26
04/01/08
Freese & Nichols
$ 11,096.46
$1,765,757.80
04/08/08
Four D Construction
$ 79,551.68
$1,686,206.12
04/11/08
1 Landmark Structures
$ 346 465.00
1 $1 339 741.12
Status: The 1.5 MG elevated storage tank is under construction and is anticipated to be complete in the
Fall of 2008. The First Street 20" pipeline is also under construction and is anticipated to be complete in the
summer of 2008.
Project:
03/06/07
LandAmerica Wilson
$2,005,400.00
$ 0
Community Park
6/20/07
Grant Reimbursement
$ (500,000.00)
$ 500,000.00
$3,041 ,500
$2, 006,400
Pro : 06-02
Status: March 9, 2007, Purchased 57 acres of land from PISD. Town staff is working with PISD on a
possible joint project with the Stadium architect.
Project:
Boyer Park
$200,000
Pro : 06-03
Status:
Project:
11/20/07
JRJ Paving
$186,239.56
$ 321,382.24
Street Paving Projects 2007
01/08/08
JRJ Paving
$196,994.84
$ 124,387.40
$469,900
03/07/08
JRJ Paving
$ 56,473.02
$ 67,914.38
$507,621.80
04/11/08
JRJ Paving
$ 48,856.38
$ 19,058.00
Pro': 06-04
Status: Paving is complete, cleaning up and back filling being done.
Project:
02/13/08
Dallas Morning New
$ 267.40
$ 809,732.60
Prosper / County Road
Improvements
$a00;090
$810,000
Pro : 08-05
Status: Design proposals for the three (3) roadway projects are to be considered by Council in March I,
2008. The Town has received monetary consideration from Collin County for 50% matching funds on their
November, 2007 bond election.
Project:
9/30/07
Dowdey & Associates
$ 3,500.00
$ 296,500.00
Prosper Trail Road/Drainage
11/06107
Dowdey & Associates
$ 1,500.00
$ 295,000.00
Improvements
12/11/07
Dowdey & Associates
$ 5,W.99
$ 289,055.01
$619,900
01/31/08
Dowdey & Associates
$ 549.08
$ 288,505.93
$300,000
03/20/08
Dowdey & Associates
$ 1,369.49
$ 287,136.44
Pro : 0646 1
3131/08 1
Dowdey & Associates 1
$ 404.00 1
$ 286 732.44
Status: Quality Excavation has been awarded this project and will begin construction in March, 2008_ The
construction is anticipated to take 90 days to corn lete.
Project:
12/18/07
DHS Auto -lift sta. mod
$ 1,568.65
$ 29,831.35
Water Flow Reversal
12/18/07
DHS Auto4ift sta. mod
$ 10,925.00
$ 18,906.35
$;E;E,990
02/29/08
Preston Services
$ 500.00
$ 18,406.35
$31,400
03/07/08
DHS Auto
$ 12,975.00
$ 5,431.35
Pro]: 06-07
04/11/08 1
Freese & Nichols
$ 2,655.00 1
$ 2,776.35
Status: Flow has been turned over to NTMWD and staff is cleaning up plant. Freese & Nichols is preparing
a closure plan for TECQ. Payment pending invoicing.
Water/Sewer Line Repl.
Water. $160,000
Sewer. $116,000
Proj: 06-08
Kohl's Development
$975,000
Proj: 06-09
Ferguson WW-Toll Rd
$
4,389.58
01/08/08
$
271,610.42
01/22/08
Ferguson WW
$
696.10
$
270,915.32
01/31/08
Rodman
$
16,240.00
$
254,675.32
04/24/07
Ferguson (6" Line)
$
10,594.79
$
244,080.63
04/24/07
Keys Tapping(6" line)
$
180.00
$
243,900.53
04/24/07
Barbosa Const(6 line)
$
31,500.00
$
212,400.53
05/31/07
Keys Tapping (6" line)
$
195.00
$
212,205.53
05/31/07
Texas Meter
$
441.60
$
211,763.93
05/31/07
Barbosa Const(6" line)
$
7,500.00
$
204,263.93
05/31/07
Barbosa Const(6" line)
$
3,500.00
$
200,763.93
05/31/07
Ferguson Waterworks
$
1,028.80
$
199,735.13
05/31/07
Ferguson Waterworks
$
347.19
$
199,387.94
05/31/07
Ferguson Waterworks
$
45.00
$
199,342.94
11/20/07
Ferguson Waterworks
$
4,582.16
$
194,760.78
12/18/07
Barbosa Const(12" line
$
7,600.00
$
187,160.78
01/02/08
Brookhollow
$ 5,953.75
$ 969,046.25
01/02/08
G.E. Walker
$ 29,599.74
$ 939,446.51
01/02/08
G.E. Walker
$ 14,377.49
$ 925,069.02
02/26/08
G.E. Walker
$ 16,153.75
$ 908,915.27
02/26/08
G.E. Walker
$ 40,488.00
$ 868,427.27
02/29/08
AJ Bedford Group
$ 800.00
$ 867,627.27
04/08/08
G.E. Walker
$ 11,202.92
$ 856,424.35
04/08/08
G.E. Walker
$ 4,272.61
$ 852,151.74
04/08/08
AJ Bedford Group
$ 350.00
$ 851,801.74
04/08/08
AJ Bedford Group
$ 3,600.00
$ 848,201.74
04/08/08
JW Partners
$ 7,865.00
$ 840,336.74
04/08/08
JW Partners
$ 1.800.00
$ 838.536.74
will begin in March, 2008 and is anticipated to be completed in September, 2008.
Street Paving 2008
$738,000
Proj- 06-10
Status:
Project: 3/21/07
UTRWD
$
62,500.00 $ 1,628,988.18
Remaining bond funds 05/31/07
Home Depot
$
192.50 $ 1,528,795.68
available 01/02/08
UTRWD-Fees
$
68,095.84 $ 1,460,699.84
$1,591,488.18 04/22/08
Apprai Consul(100 blk)
$
3,600.00 $ 1,457,099.84
Status: The 6" pipeline from Coleman to Church is complete. The fee to UTRW is to have Prosper included
the study for the Doe Branch wastewater treatment plant.
Project:
Interest available:
$722,191.38
Status: Interest available for future projects
Total Bond + Interest Earned -
Exaenditures =
Balance
$11,842,119.98 $722,191.38
$ 5,463,282.11
$ 7,101,029.25
General Ledger: FY 06107 Expense $1,885,933.59
FY 07 08 Expense $3,577,348.52
Total Expenses $5,463,282.11
I
PLANNING
PSPER
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 — May 27, 2008
Date: May 23, 2008
Agenda Item:
A public hearing to consider and act upon a request to rezone 80.74t acres, located on the north east
corner of Prosper Trail and Coleman Street, to amend Planned Development-24 (Ariana Estates)
regarding the thoroughfare screening requirements. (Z08-6)
Description of Agenda Item:
This item was tabled at the May 13, 2008, Town Council Meeting.
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use
Future Land Use Plan
North
Single Family-10/15
Single Family
Medium Density Residential
East
Single Family
(PD-31)
Single Family
Medium Density Residential
South
Single Family-10
Single Family- 1 2.5(PD-30)
Single Family
Medium Density Residential
West
ETJ
Single Family
Medium Density Residential
Requested Zoning — Z08-6 is a request to rezone 80.74t acres to amend Planned Development-24
(Ariana Estates) perimeter landscape and hardscape requirements. The property is located on the
north east corner of Prosper Trail and Coleman Street (see Zoning / Location Map). The Planned
Development-24 was originally approved by the Town Council on June 28th, 2005.
Agenda Item No. 8 - Page 1 of 2
Summary:
The proposed amendment to PD-24 removes the requirement for the perimeter hardscape to have a
100% wrought iron or decorative metal fence and allows for a combination of wrought iron fencing
with masonry sections detailed with planter boxes and decorative plantings. As proposed in a sample
design submitted by the applicant (see attached), the masonry sections are recessed from the
wrought iron sections providing variations in depth creating more visual interest.
Ariana Estates has an approved final plat and the request conforms to the Future Land Use Plan.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Legal review by the Town Attorney is not required. Zoning is discretionary. Therefore, the Town
Council is not obligated to approve the request. Notification was provided to neighboring property
owners as required by State law. Staff has received three reply forms, with none in opposition of the
request.
Attached Documents:
1. Zoning / Location Map
2. A copy of Ordinance No. 05-51 (PD-24 / Ariana Estates)
3. Public hearing notice reply forms.
4. The zoning application
5. Sample Photos & Landscape Elevations
Planning & Zoning Commission Recommendation:
At their April 15, 2008 meeting, the Planning & Zoning Commission approved a motion by Dixon,
seconded by Dupont to approve the item subject the proposed landscape plan being adopted in the
Planned Development ordinance, the solid portion of the screening wall must consist of split face
CMU or stone, and the capstones must be shown on the approved plan as per on the approved plan.
Motion approved 4-2. Jones and Johnson voted in opposition.
The proposed amendment has been revised to address the conditions of approval as motioned by the
Planning & Zoning Commission.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the amendment to Planned Development-24
(Ariana Estates) Exhibit C section F, Planned Development Standards as proposed:
Exhibit C of the Planned Development Standards:
F. Lots backing or siding to Prosper Trail and/or Coleman Street shall include a wrought iron eF
deGOFat've metal fence and masonry wall combination within ten (10) foot landscape lots along the
property line adjacent to the thoroughfare. A solid living screen of evergreen shrubs shall be planted
along the wrought iron sections and decorative plants shall be installed within inset planter boxes of
the masonry wall sections. and GCanopy trees thirty (30) foot centers shall be provided with en
between the lots and the adjacent thoroughfare. The trees shall be
located along the property line adjacent to the thoroughfare. A sidewalk shall be constructed within
the landscape buffer so that the trees are located between the sidewalk and the adjacent
thoroughfare. This landscape area shall incorporate mechanical
irrigation and shall be owned and maintained by the Ariana Estates Home Owners Association.
Agenda Item No. 8 - Page 2 of 2
TOWN OF PROSPER, TEXAS
ORDINANCE NO.05.51
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05.20; REZONING A
TRACT OF LAND CONSISTING OF 80.57 ACRES, MbRE OR LESS, SITUATED IN THE
COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, 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-10112.5 (PD-SF-10112.5); 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 Councill 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 Axxium Land
Development, L.L.C. ("Applicants to rezone 80.57 acres of land, more or less, situated in the Collin County School
Land Survey, Abstract No. 147, 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 80.57 acres of land, more or less,
situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas,
(the °Properly") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as
Planned Development -Single Family-10112.5 (PD-SF-10/12.5). 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 al!
purposes as If set forth verbatim,
4
The development plans, standards, and uses for the Property in this Planned Development District 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 Distdct must ajmply 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 IntemA eoeal. 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 by law.
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: Pena . 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
days 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: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of compe`.ent 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/Repealing 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
witn Mis Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall riot 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 281h DAY OF JUNE, 2005.
APPROVED AS TO FORM:
Charle anger, r
ATTESTED TO AND
CORRECTLY RECORDED BY:
Shane � wn Jennings, Secret
rY
DATE OF PUBLICATION. ffs Dallas Morning News —Collin County Addifion
4
B]avlar A
D P'!'itlN OF AN UN ACRE TRACT Of LAND
UNATID le Caft Cosa►, TO=% 14 the GOM COMW 8tdeool LOW &Wy, Ab *W No.147 babfg a pwft of
a QdW 80.737 sea afbW dams ed In a deed Oma 9m K. 1plmm at at b DOmld 8 GWwio sad wW Owuam
Q.fibiGo 4smed ft lS. 1999, eetmedad in VabM 44", PW2228, belt, dewed by ftt I and bounds se
DODO 1C1 at s ll2 smelt b+at rod A and oonw, veld pond b ft ft noelheaet =mee of maid SQ737 =m irate, and
being is the vast %a oft =Bad 119AMB 9= ttw of Ind oatweyed to Imm W. SWAM as I w aodid is deed
feCOW .In Yoftane SW PqP 24K OHM Dead l OW& sf C Oft CMEW, TWWA ad MW iae madmo am w
of a called 80 seas U" of land OWAYOd eo 1020 W. , by D ood Reottded Ia Volume 50% POV 2434 of
dte Dined woaanta Of CoOk Ca ft, Tssm;
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wad lies of said COW 119At'r58 vane Goat aotd vita m finM a 45vmo of 132 M het 10 a bw pia t o d iR do
oettOmr of C.R. A batng da eot&et comer of add K737 sail teat, end In rite Collin Cam► 2AW aoros
RAW.. momded in Volmme 4M P4p 951, o fdw Deed r mw& of Coft COMW. TaM4 sW bail fbe w
I O"C Oahe mid called 119AM taro teats;
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anode Itoe of odd 2.8697 sae � a diebpms of lO�iS.bR f� >n s icon pin ibmd ibr aomar;
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l4ltmm l WNW 20 BmkMst 40 sonar OMW of tadd 2JW tare fe0k sad said X737 sae test; wed be tha east
Tens oi' a 0.�35 saes tract of land conveyed io POW inlet by deed reomded in Vebme 4347, Page 3389, of dw
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of Conk Copoty, TOW end din ease Net$ of MO tateta of land called 1.174 amre tenet of bind conveyed to paW
P-Wd,bYDN&ROWdOdIAVOkmes:5l4O,P4p3llS,=dVahmoln%PW7$9,offtoW twooede OfCwHn
ComW. Tom and tam MA MW of a MAW 240 amte ttmt of hoed amnroyed to Tbmoatn lga 4 by Dowd Raeoaded to
Vohma 448% Pqp 1034 ofdw Deed 3laoads of CailtO COW. TOW tssdIO suet Leon of s MW 0.727 am to
of hod omnveyW m the Jdm IL HA by Deed lteoerded in Vdlmee 4381, Page ISM cM Deed eeeaei of Odh
Cry, Tvw, and We awl iron of tract of coaled OA91 sae teats of land aoaysyW tar Gwy James, by Deed
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and fbm 6006 Nee of amid S kuhm aa%d 80 a= tea0, a d n0s 0f 698.01 Rat m a 1!2 bxdt tron led raft !br
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aMW7
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sad the � lima of ssW aged 80 aetm traoa; s! d of 325.9011,ee m a 1� ie� iarop a d se! Ber
Denote;
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cxreaer;
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tad coo bi ft $0.97 am of eertapnil d hm d.
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EXHIBIT `B"
Statement of Intent and Purpose
Our intent for this tract is to develop it into a Master Planned Single Family
Development with a recreational center and a series of lakes. We propose to provide
single family lots starting with a minimum of 10,000 S.F. and increasing in size to
15,000 S.F. +.
T'he developer is also a custom home builder and plans to construct most if not all of
the homes, insuring the highest level of architectural control and home construction
quality control. The project will be developed in two (2) or three (3) phases depending
on market demand, with two (2) to three (3) different product types and sizes. We
propose an overall maximum density of 2.7 lots per acre.
Our purpose is to provide single family homes with on -site recreational amenities,
lakes and additional landscaped parkways within one community ranging in price from
$250,000 to $1,000,000 plus.
14
214 696-2828 6324 BANDERA AVE., SUITE D, DALLAS, TEXAS 75225 214 696-3282 Fax
Exhibit C
Planned Development Standards
A. The overall density of this project shall not exceed 2.72 units per acre or a total
of 211 single family lots.
B. Tract 1 of this property (the area bounded by Coleman Street, Prosper Trail,
proposed Superior Avenue, and proposed Michigan Avenue) shall be developed
with a maximum of 77 lots under the regulations of the Single Family-10 (SF-
10) District as outlined in the Town of Prosper Zoning Ordinance 05-20 as it
exists or may be amended.
C. Tract 2 pf this property (the remainder of the property) shall be developed with
a maximum of 134 lots under the regulations of the Single Family-12.5 (SF-
12.5) District as outlined in the Town of Prosper Zoning Ordinance 05-20 as it
exists or may be amended, subject to the following amendments:
1. Minimum lot area: 12,000 square feet.
2. Minimum. lot width: 80 feet.
3. Minimum lot depth: 125 feet.
4. Front building line: 25 feet.
5. Side building line: 8 feet, 15 feet adjacent to a side street.
6. Rear building line: 25 feet.
D. Block C, Lot 38, as shown on the attached Exhibit D, shall be developed as a
recreational area with a lake, clubhouse, pool, and other amenities. The
recreational area shall be developed in conjunction with Phase 1 of the
development.
E. All multiple car garages shall be oriented to a left or right entry with no front
entry orientation. Should there be a single car garage that must face the street, it -
shall be set back an additional 10 feet from the front setback line and the garage
door fagade shall blend with the exterior masonry.
F. Lots backing or siding to Prosper Trail and/or Coleman Street shall include a
wrought iron or decorative metal fence along the property line adjacent to the
thoroughfare. A solid living screen of evergreen shrubs and canopy trees on
thirty (30) foot centers shall be provided within a ten (10) foot landscape buffer
located between the lots and the adjacent thoroughfare. The trees shall be
located along the property line adjacent to the thoroughfare. A sidewalk shall
be constructed within the landscape buffer so that the trees are located between
the sidewalk and the adjacent thoroughfare. This landscape area shall
incorporate mechanical irrigation and shall be owned and maintained by the
Ariana Estates Home Owners Association.
G. All site plans, home designs and building, accent and landscaping materials
shall be of the highest quality and will be subject to review by the
"Architectural Control Committee" set forth by the Ariana Estates Home
Owners Association prior to commencement of construction.
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ARUNA ESTATES
Exhibit E
Planned Development Schedule
A. Phase 1 is scheduled to begin construction August 1, 2005 with home
construction beginning December 1, 2005.
B. Phase 2 is scheduled to begin construction July 1, 2006 with home construction
beginning November 1, 2006.
C. Phase 3 is scheduled to begin. construction June 1, 2007 with home construction
beginning October 1, 2005.
D. All lot sales are expected to be closed by years end 2010.
1`
PSPR
T E
REPLY FORN
PLANNING DEPARTMENT
P.O. Box 307
Prosper, TX 75078
Phone: 972-M-3502
Fax: 972-347.9006
SUBJECT.
Zoning Case Z.08-6: The Town of Prosper has received an application to w4ne 80.28t acres to amend Planned
Development-24 (Anna Estates) pedrnder landscape and hwdwAx requirements.
LOCATION OF SUBJECT PROPERTY:
The property is located on the north east comer of Prosper Trail and Coleman Sheet
DESCRIPTION OF THE REQUEST:
The requested zoning would amend the perimeter landscape and hardscape requirements to allow for portions of
the perimeter screening to bs a combination of evergreen trees with a wrought iron fence in conjunction with
masonry wall segments with planter boxes.
❑ 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.
COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY):
Name (per p"
M -am WE 710
City, , and Zip Code
Signature
E-mal Address
•
p iS PER
REPLY FORM
PLANNING DEPARTMENT
P.O. Box 307
Prosper, TX 75078
Phone: 972.346-=2
Fax: 972-347-9006
SUBJECT:
Zoning Case Z08-6: The Town of Prosper has received an application to rezone 80.26t acres to amend Planned
Development 24 (Arian Estates) perimeter Landscape and hndscape requirernents.
LOCATION OF SUBJECT PROPERTY:
The property is located on the north east comer of Prosper Trail and Coleman Street,
DESCRIPTION OF THE REQUEST:
The requested zoning would amend the perimeter landscape and hardscape requirements to allow for portions of
the perimeter screening to be a cornbination of evergreen trees with a wrought iron fence in oonr unctlon with
masonry wall segments with planter boxes.
o 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.
COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY):
Name prig
Address _
Q? C", 7r - 73-7—V8
City, State, aril Zip Code
E-mail Address
tit!
TOWN o fP.O. Box 307
p S PLAaalao DlPART1{r1�MT
!'rospe�,17C 75078 P E R Ph0m:9",US- OZ
Fax: 972-347.SM
REPLY FORM
suWEcr
Zordrtg Case ZDM, The Town of pmW h= ma g"d an op"on b rezone SoSt ac m to amwcl Planned
�rtt-24 (Arlene BIN") � landscape and hanf qm requirements,
LOAM OF P--
The PMPO* Is locgsd on the noM east comer of PMW Tral and Street
PTION 0
T mqmstBd Zoning wouldamendthepakoler bndsaape and hmdseape "mmerb to haw for portfm of
the per
wall� �to be a combirft of e+rar trees with a wtOW# bon fence In � va
beierplan6er bom
o i OPPOSE the rmPW as deaatbed in to notice of VAk Ire "M.
XI DO MOT OPPOSE the request as dmWbed in the won of public heat M.
COMMMM (ATTACH ADDITIONAL SHEETS IF NECES&W:
ay
Name p�
'roq?,r, l�gonk
QIY, Side, and Zip Code
K'011 muwm
+--I - A
DO
ro
1 Address
r 11 08 02:34p Mark C. Webb
2146963282 p.1
TOWN OF PROSPER ZONING APPLICATION
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BEFORE ice, a Nctasy Purbk on this day pe+emdy appeared m .4p_ 1,c c. y_aj6tW w Wsasigrted aq*Wt, who,
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iSPER
OWN OF Administration
Pl
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
Cc: Mike Land, Town Manager
Re: Prosper Town Council Meeting — May 27, 2008
Date: May 23, 2008
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-Tem and in this capacity shall have the
rights conferred upon the Mayor.
Budget Impact•
N/A
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. 9 - Page 1 of 1
PliSPER
OWN OF Administration
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
Cc: Mike Land, Town Manager
Re: Prosper Town Council Meeting — May 27, 2008
Date: May 23, 2008
Agenda Item:
Consider and act upon drawing lots between Place 3, Place 4, and Place 5 to determine which Place shall
receive a two year term and which Places will receive three year terms.
Description of Agenda Item:
The Town Charter states to initiate the three (3) year staggered terms, beginning with the May 2008
election, for Places 3, 4 and 5, there shall be a drawing of lots following the election to determine which
one Place shall receive a two-year term and which two (2) Places shall receive a three-year term,
thereafter, Places 3, 4, and 5 shall have three-year terms.
Budget Impact•
N/A
Legal Obligations and Review:
See above.
Attached Documents:
None.
Board. Committee and/or Staff Recommendation:
Town staff recommends that Places 3, 4, and 5 draw lots to determine which Place has a two-year term
and which Places has three-year terms.
Agenda Item No.10 - Page 1 of 1
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 — May 27, 2008
Date: May 23, 2008
Agenda Item:
Consider and act upon 1) approval of a Right of Way Services Agreement with Property
Acquisition Services, Inc., regarding the removal of Business SH 289 (US 380 to SH 289) and
FM 1193 (Business SH 289 to SH 289) from the Texas Department of Transportation's roadway
network and 2) adopt a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
This item was tabled at the May 13, 2008, Town Council Meeting.
With the development of the new Prosper High School on the southeast corner of Business SH
289 (Coleman) and the BNSF Railroad, the realignment of Coleman Street as depicted on the
Town's Thoroughfare Plan is proposed to be constructed in front of the school. In order to
facilitate the realignment of Coleman Street and the proposed connection with existing Business
SH 289, Business SH 289 must be taken off the state's roadway network. To take a portion of a
state roadway off the state's roadway network, the entire section of the state roadway from one
state roadway to another state roadway has to be removed. For instance, to serve the needs of
the High School and new Coleman Street, Business SH 289 could be removed from the state's
roadway network from SH 289 to FM 1193 (Broadway) but with the proposed development of
the Gates of Prosper it makes sense to remove the entire length of Business SH 289 from the
state's roadway network at this time. The effect of removing the entire length of Business SH
289 from the state's roadway network would leave FM 1193 without a connection to another
state roadway and therefore must also be taken off the state's roadway network.
The attached agreement with Property Acquisition Services, Inc., will provide the following
services necessary to accomplish this task:
• Coordinate with the Dallas District Right of Way Section of the Texas Department of
Transportation (TxDOT) on the removal process.
• Contract with a surveyor to provide the necessary legal descriptions and exhibits of the
affected property to TxDOT.
• Obtain an attorney's opinion regarding adjoining property vesting.
• Contact adjacent property owners to discuss the project and its purpose.
• Obtain appraisals of proposed surplus property.
• Monitor project progress through the Texas Transportation Commission in Austin.
Agenda Item No. 11 - Page 1 of 2
• File all necessary paperwork with the County Clerk for recordation as approved by the
Dallas District Right of Way Section of the Texas Department of Transportation.
Budaet Impact:
The $25,550 was not anticipated in the 2007-2008 budget but is recommended to be charged to
the Engineering Division's Professional Services Account. (10-5410-98)
Legal Obligations and Review:
None
Attached Documents:
The following documentation is being provided for review:
• Site Plan for Prosper High School
• Town of Prosper Thoroughfare Plan
• Right of Way Services Agreement
• Resolution authorizing the Town Manager to execute the agreement
Board. Committee and/or Staff Recommendation:
Town staff recommends that the Town Council: 1) approve a Right of Way Services Agreement
with Property Acquisition Services, Inc., regarding the removal of Business SH 289 (US 380 to
SH 289) and FM 1193 (Business SH 289 to SH 289) from the Texas Department of
Transportation's roadway network and 2) adopt a resolution authorizing the Town Manager to
execute the same.
Agenda Item No. 17 - Page 2 of 2
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Property
Acquisition
Services, Inc.
PAS, Property Acquisition Services, Inc
Scope of Right of Way Services
For
The Town of Prosper, Texas
After a review of the project(s) with the Town of Prosper (TOWN) and receiving an authorization
to proceed, PAS, Property Acquisition Services, Inc. (PAS) will proceed with the Right of Way
Project (PROJECT) as assigned. The appropriate Specialist will:
• submit in writing to the Dallas District Right of Way Section, a request -
identifying the prospective purchaser, address, and telephone number
• will supply TxDOT a general location map — showing the exact quadrant in the
Town where the property is located
• will supply 1) adjoining property owned and 2) property or access requested
• will furnish deed(s) of both State's property and the adjoining property,
• will supply the whole right-of-way map page, map title page whereby State acquired
property in question.
• as required by TxDOT, periodically send to the State a letter to proceed with process,
at the State's request.
Once the request is processed, PAS will proceed with the following tasks when requested by
TxDOT.
SURVEY
• Hire an RPLS to complete the survey in the State's format
• Provide field notes and parcel sketch (2 originals signed/sealed/dated), closure
sheet, State/adjoining deeds.
• Supply TxDOT with the Survey and obtain and approval of the survey.
ATTORNEY'S OPINION REGARDING ADJOINING PROPERTY
• Obtain an opinion that states all adjoining property owners and the exact name(s) in
which title is vested
• PAS will furnish as a representative of the Town on the State's form and upon
TxDOT's request the opinion for review.
LETTERS OF CONSENT FROM OTHER ADJOINING LANDOWNERS
• PAS will contact adjoining owners, which must waive their right to buy the adjoining
land, to discuss the Project and its purpose.
APRAISAL OF PROPOSED SURPLUS PROPERTY
0 Obtain appraisal by an approved fee appraiser in State's format
W
ED
Services, Inc.
SUBMISSION TO TEXAS TRANSPORTATION COMMISSION
• PAS will monitor the progress of the file as it proceeds with the process of obtaining
Commission Approval for the transaction.
CLOSING OF THE SALE OR EXCHANGE
• PAS, upon receipt of the fully executed instrument(s), prepare a submission to
Austin. (if funds exchange is required)
• PAS will coordinate with the District to file the necessary paperwork with the County
Clerk for recordation of all instruments and request an updated title commitment and
the title policy
Upon closing of the file to the satisfaction of the Client, PAS will maintain its work papers for a
period of three (3) years after final voucher.
PAS, Property Acquisition Services, Inc. submits the not to exceed amount of fifteen thousand
dollars ($15,000.00) for its services in conjunction with all three (3) options, in addition to the
charges of PAS the City will need to obtain a survey, appraisal, and review appraisal report all the
functions are done outside of our firm. However as indicated on the following price breakdown,
we have obtained pricing from some sub -consultants that work within the Dallas area, said total
pricing for the sub work is estimated at ten thousand five hundred and fifty dollars ($10,550.00).
It is PAS' intention to work on all three (3) options simultaneously with all work associated with
the options being billed at an hourly rate, except for the items as described in "Project Related
Expenses" in the attached rate schedule. If unforeseen circumstances arise, that would cause
PAS' fees to exceed the fifteen thousand dollar ($15,000.00) plus the ten thousand five hundred
and fifty dollar ($10,550.00) threshold, PAS will notify the Town before proceeding with any
further work.
Personnel proposed on the Project and projected hours spent will be billed according to the Rate
Schedule attached. (Not all personnel may be necessary to complete the assignment)
Town of Prosper, Texas: PAS, Property Acquisition Services, Inc.:
Signature
Print Name
Title
Date
Signature
Print Name
Title
Date
Property
Acquisition
Services, Inc.
PAS, PROPERTY ACQUISITION SERVICES, INC.
HOURLY RATE SCHEDULE
The Hourly Rate Schedule is based on a per hour basis respectively. PAS will be paid at the rates
per service or employee shown below. The Town will reimburse PAS for actual, project -related
expenses at the rates set forth below.
PAS will submit monthly invoices for services provided through the end of each month to the
Town, accompanied by an explanation of charges, professional fees, services, and expenses.
The Town will pay such invoices according to its normal payment procedures, but in no event
shall such payment exceed thirty days of the date of the invoice.
TITLE HOURLY FEES
Principal...................................................................... $150.00 / hr
Project Management...................................................... $125.00 / hr
Right of Way Specialist .................................................. $ 95.00 / hr
Title Specialist.............................................................. $ 75.00 / hr
Administrative Specialist ................................................ $ 50.00 / hr
All salary classifications may not be necessary on every project.
PROJECT RELATED EXPENSES (Billed as a pass through cost in addition to the Hourly fees
above)
• Survey $6,000.00
• Appraisal $3,500.00
• Appraisal Review $ 550.00
• Title Policy
AUTOMOBILE EXPENSES
Automobile expenses for miles driven on the project shall be reimbursed at the rate allowed by
the IRS per mile.
MISCELLANEOUS PROJECT RELATED EXPENSES
a) Recording fees
b) Other expenses authorized by the TOWN in the performance of the Scope of Services.
This estimate is based upon an assumption that the State of Texas owns the property in fee and
the State will require one negotiation, appraisal and survey for the entire project. However, it is
our understanding that the roadway was built on easements and unless the State retains implied
rights to the property, which the road is constructed on, the total project cost may increase
drastically as a result of the numerous owners on the project.
L-71WFIRST
Property Acquisition Services, Inc,
Right of Way Services Agreement
Exhibit
�.� Bus 289
1 Z afl
05/08/09
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 A RIGHT OF
WAY SERVICES AGREEMENT REGARDING THE REMOVAL OF
BUSINESS SH 289 (US 380 TO SH 289) AND FM 1193 (BUSINESS SH
289 TO SH 289) FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION'S ROADWAY NETWORK, BETWEEN PROPETY
ACQUISITION SERVICES, INC., 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, a
Right of Way Services Agreement regarding the removal of Business SH 289 (US 380 to
SH 289) and FM 1193 (Business SH 289 to SH 289) from the Texas Department of
Transportation's roadway network, between Property Acquisition Services, Inc., and the
Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 27th day of May, 2008.
Charles Niswanger, Mayor
ATTEST TO:
Matthew Denton
Town Secretary
t
p T SPER.
To: Mayor and Town Council
From: Wade Harden, Sr. Planner
PARKS A
RECREATION
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — May 27, 2008
Date: May 23, 2008
Agenda Item:
Consider and act on a resolution designating the 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 a grant application for program assistance.
Description of Agenda Item:
This item was tabled at the May 13, 2008, Town Council Meeting.
Staff with direction from the Parks and Recreation Board (PARBd) is in the process of drafting
an application to be submitted to the Collin County requesting funds to assist in the
development of the 57 acre park site at Frontier Parkway. The Program provides 50% matching
funds. The maximum grant awarded by the County has been in the amount of $500,000. 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 Town Manager as the representative
and authorizes him to submit the application. The deadline for submittal is July 8, 2008.
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:
• Resolution
Parks and Recreation Board Recommendation:
At their April 24, 2008 meeting, the PARBd requested staff maximize the Collin County Parks
and Open Space Grant in the amount of $500,000.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution authorizing the Town
Manager to submit an application to the Collin County Parks and Open Space Program for
partial funding toward the development of the 57 acre park site.
Agenda Item No. 12 - Page 1 of 1
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY DESIGNATING THE TOWN MANAGER
AS PROJECT OFFICIAL / REPRESENTATIVE TO ACT ON BEHALF
OF THE TOWN IN DEALING WITH COLLIN COUNTY FOR THE
PURPOSE OF PARTICIPATING IN THE COLLIN COUNTY PARKS
AND OPEN SPACE GRANT PROGRAM (HEREAFTER REFERRED TO
AS "GRANT PROGRAM"); AND AUTHORIZING THE SUBMITTAL OF
AN APPLICATION FOR PROGRAM ASSISTANCE.
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
designated as the Project Official / Representative to act on behalf of the Town in
dealing with Collin County concerning the Grant Program.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to make application to Collin County for funding assistance under the Grant
Program for development of the project known as the 57 Acre Park.
SECTION 3: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 27th day of May, 2008.
Charles Niswanger, Mayor
ATTEST:
Matthew Denton, Town Secretary
pTOWN
;ISPER
To: Mayor and Town Council
From: Wade Harden, Sr. Planner
PARKS &
RECREATION
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — May 27, 2008
Date: May 23, 2008
Agenda Item:
Consider and act on a resolution designating the Town Manager as the project
official/representative to act on behalf of Town in dealing with Texas Parks and Wildlife
Department (TPWD) for the purpose of participating in the TPWD Outdoor Recreation Grant;
and authorizing the submittal of a grant application for program assistance.
Description of Agenda Item:
This item was tabled at the May 13, 2008, Town Council Meeting.
Staff with direction from the Parks and Recreation Board (PARBd) 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 the 57 acre park site at Frontier Parkway. The Program provides
50% matching funds. The maximum amount which may be applied for is $500,000. 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 Town Manager as the representative
and authorizes him to submit the application. The deadline for submittal is July 31, 2008.
Budaet Impact:
There are no significant budget implications associated with this item.
Leaal Obligations and Review:
There are no legal obligations or review by the Town Attorney required.
Attached Documents:
• Resolution
Parks and Recreation Board Recommendation:
At their April 24, 2008 meeting, the PARBd requested staff maximize the TPWD Outdoor
Recreation Grant in the amount of $500,000.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution authorizing the Town
Manager to submit an application to the Texas Parks and Wildlife Department Outdoor
Recreation Grant Program for partial funding toward the development of the 57 acre park site.
Agenda Item No. 13 - Page 1 of 1
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY DESIGNATING THE TOWN MANAGER
AS PROJECT OFFICIAL / REPRESENTATIVE TO ACT ON BEHALF
OF THE TOWN IN DEALING WITH THE TEXAS PARK AND WILDLIFE
DEPARTMENT (HEREAFTER REFERRED TO AS "TPWD") FOR THE
PURPOSE OF PARTICIPATING IN THE TPWD GRANT PROGRAM;
AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR
PROGRAM ASSISTANCE.
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
designated as the Project Official / Representative to act on behalf of the Town in
dealing with TPWD concerning the TPWD Grant Program.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to make application to TPWD for funding assistance under the TPWD Grant
Program for development of the project known as the 57 Acre Park.
SECTION 3: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 27th day of May, 2008.
Charles Niswanger, Mayor
ATTEST:
Matthew Denton, Town Secretary
IOSPER
WN OF ADMINISTRATION
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting — May 27, 2008
Date: May 23, 2008
Agenda Item:
Consider a Resolution authorizing the Town Manager to engage Freese & Nichols to perform an
analysis of the Town of Prosper's non-residential development standards.
Description of Agenda Item:
Per Council's directive, staff has received a proposal from Freese and Nichols to perform an
analysis of the Town's existing and proposed non-residential development standards. This
analysis will include a competitive analysis of the cost of development comparing the Town of
Prosper to surrounding communities. Based on the schedule provided, the analysis should be
complete by the end of July, 2008. The proposal has been reviewed by the Prosper EDC's
Executive Director as well as by the Prosper Developers Council.
The Town has an existing Professional Services Agreement with Freese and Nichols. Because
this agreement is already in place, this vehicle allows Staff the opportunity to get this project
moving quickly by taking advantage of the contract already existing between the two parties.
Council will see that as part of the proposal Freese and Nichols will be bringing to the team an
architect who will be providing specific cost analysis of current and proposed building design
issues.
Buduet Impact:
The estimated cost of the project is a range between $15,000 and $20,000 to complete this
extensive study. Based on discussions with the PEDC and the Developer's Council the cost of the
project will be divided into thirds, with each entity contributing between $5,000 and $6,650 each.
The Town's portion will be paid for through Development Services Professional Fees. This is not a
budgeted item in the 2007-2008 Budget and a budget amendment will need to be made to cover
this cost.
Lenal Oblivations and Review:
NA — The Town already has an existing Professional Services Agreement with Freese and Nichols.
Agenda Item No. 14 - Page 1 of 2
Attached Documents:
1. A resolution authorizing the Town Manager to engage Freese and Nichols on behalf of the
Town of Prosper to perform an analysis of the Town of Prosper's non-residential
development standards.
2. A proposal from Freese and Nichols to perform an analysis of the Town of Prosper's non-
residential development standards.
Town Staff Recommendation:
Town staff recommends that the Town Council approve authorizing the Town Manager to engage
Freese and Nichols through its existing professional services agreement with the Town to perform
an analysis of the Town of Prosper's non-residential development standards as they exist and as
proposed.
Agenda Item No. 14 - Page 2 of 2
Freese and Nichols
Non -Residential Development Standards Analysis
Proposal
For
The Town of Prosper
May 13, 2008
Schedule:
• Present Project Team/Project Schedule/Study Approach to Town Council for
Comment/Direction: April 22
• Revise/Firm up scope and contract for approval by the EDC based on comments
received at Council meeting
• Contract Agreement approved at next regularly scheduled EDC Meeting : May 21
Special meeting by EDC can speed this phase up.
• Study Starts: May 22 — see statement above
• Draft study submitted to EDC/Town Staff: June 20
• EDC/Town Staff Review/Comment Period: June 20—July 7.
Include a Council work session in this period
• Final Study Submitted to EDC/Town Staff: July 18
Proposed Team:
• Freese & Nichols
o Kevin Johnson, P.E.—Project Manager
• Pritchard & Associates (Sub to FNI)
o http://pritchardassociates.com
o Extensive private sector development management experience in the local area
in the commercial, retail, industrial, and medical sectors.
o Will perform the cost estimates for the structures based on the requirements set
forth in the various municipalities non-residential design standards. Freese and
Nichols wanted to utilize a development firm that "is in the business" to generate
structure costs.
Established relationship with Freese and Nichols, Inc.
Project Scope:
• Non -Residential Development Standards
• Freese and Nichols will research local non-residential development standards,
fees structures, and permit structures as required for the case studies listed
below, and break them down into components that can then be incorporated into
a cost impact comparison.
• The following case studies (or locations where the prototypical developments
would take place, and what standards would be applied) will be studied;
• Town of Prosper Existing Non -Residential Development Standards
• Town of Prosper Proposed Non -Residential Development Standards
• Town of Prosper Conceptual Green Building Ordinance — Assume
identical to Frisco
• City of Celina Non -Residential Development Standards
• City of Frisco Non -Residential Development Standards
• City of McKinney Non -Residential Development Standards
• Collin County
Typical Development Projects
The following "standard development projects" will be applied to the seven (7)
location/standards case studies listed above
• Stand Alone Big Box Development
• Retail Strip Center
• Office Building
• Industrial Building
Freese and Nichols will generate a "narrative" description of the four (4)
development projects to include
• Square footage of the building, use, and typical building construction
• Water meter(s) size
• Base value of the development (for use in determining some building
permit fees)
• Land area required for minimum standards (includes footprint of the
building, parking, and circulation based)
• No site plan will be developed for the study. The basic characteristics of
the building that control basic costs can be described in simple narrative
format. It is noted that actual development will vary based on the
shape/topography of the actual site, but for comparison purposes of this
study, generalities will be used for all cases.
The standard development project will serve as the common base for the following cost
areas listed below;
Land Area Required
■ This will be a comparison of required land area because of parking
regulations, lot sizes, etc.
o Development Review Fees
o Building Permit Fees
o Impact Fees (Water, Wastewater, and Roadway as required by the municipality)
o Tap Fees
o Inspection Fees
o Opinion of Probable Construction Costs (OPCC) for structures
■ This cost will only be for the structure based on the requirements set
forth in the various standards. It is assumed that all horizontal work such
as pavement thicknesses, drainage, basic landscaping, and site utilities,
are similar between the communities being studied and any differences
will be assumed minor and therefore not included in the cost comparison.
In general the cost comparison will be summarized into a comparative matrix for the
Council/EDC/Town staff to see the comparison of the different scenarios. The following
table is a representative example of the final comparison. In addition to the final
comparative matrix a study memorandum will be prepared. If the Town prefers,
additional effort could be added to prepare the study for a "marketing -type" package to be
used when discussing potential developments. The current building/development
standards of Prosper will be used as the baseline for comparison costs.
Case Studies
Development
Prosper
Prosper
Prosper
Collin
Cost Area
(Existing)
(Proposed)
(Green
Celina
McKinney
Frisco
County
Ordinance
Land Area
Impact
Development
Review Fees
Building
Permit Fees
Water Impact
Fees
Wastewater
Impact Fees
Roadway
Impact Fees
Tap Fees
Inspection
Fees
Increase in
Structure
OPCC
Compared to
Least Costly
Structure
Proposed Fee:
• 1 propose the fee to be a cost plus format with a not to exceed value of $20,000. 1
think the cost is more in the ballpark of $15,000 but because of the unknowns in the
development/building standards differences between the cities, it is hard to tie down
an exact fee without doing significant more research.
Thanks,
Kevin Johnson
Cell (214) 802-0435
pTOWN
;1SPER
To: Mayor and Town Council
From: Wade Harden, Senior Planner
PARKS &
RECREATION
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Intergovernmental Agreement with PISD
Date: May 23, 2008
Agenda Item:
Consider and act upon 1) an Interlocal Agreement with the Prosper Independent School District,
regarding the master plan development of the 57 acre Community Park. (WH)
Description of Agenda Item:
The attached agreement with the Prosper Independent School District (PISD) is scheduled for
review and possible approval by the PISD at the April 21s' School Board meeting. At the same
meeting the School Board is expected to enter into contract with a consultant for the design of
the 126.6 acre site, with 57 of the acres being the Town of Prosper's park site.
As drafted the Town agrees to share the costs of the master planning at 45% of the total
contract cost, 45% being roughly the percentage of land owned by the Town out of the 126.6
acres. The actual payment will be to the PISD as a reimbursement for invoices submitted to the
Town and PISD. The Town's estimated share is approximately $27,000. Additional information
will be available Tuesday night. The agreement also requires the consultant selected by the
School Board to give monthly updates to the Town of Prosper Parks and Recreation Board until
the completion of the master plan.
Budget Impact:
Funding for the design services will be paid from the 06' Bond funds.
Leoal Obliaations and Review:
No legal review has occurred regarding this specific item.
Attached Documents:
• A copy of the proposed agreement is attached.
Town Staff Recommendation:
Town staff, recommends the Town Council enter into the agreement with the Prosper
Independent School District and approve a resolution authorizing the Town Manager to execute
the same.
Agenda Item No. 15 - Page 1 of 1
INTERGOVERNMENTAL JOINT USE AGREEMENT
This Intergovernmental Joint Use Agreement ("Agreement") is made and entered into
this day of , 2008, by and between the Town of Prosper, Texas, a municipal
corporation organized under the laws of the State of Texas ("Town"), with the authorization of
its governing body, and the Prosper Independent School District, a political subdivision of the
State of Texas ("District"), with the authorization of its governing body (collectively referred to
as the "Parties").
WHEREAS, the Town owns real property inside the extra territorial jurisdiction of the Town
containing 57.0± acres, more or less, known as the 57 Acre Community Park more specifically
described as ABSTRACT A0147 COLLIN COUNTY SCHOOL LAND #12, BLOCK 2,
TRACT 79, ACRES 57.000 as shown on the attached Exhibit "A" ("Park Property");
WHEREAS, the Prosper Independent School District owns real property inside the extra
territorial jurisdiction of the Town, being two tracts containing 69.623 f acres, more or less,
known as the Prosper High School Stadium Site more specifically described as ABSTRACT
A0147 COLLIN COUNTY SCHOOL LAND #12, BLOCK 2, TRACT 4, ACRES 49.5920 and
ABSTRACT A0147 COLLIN COUNTY SCHOOL LAND #12, BLOCK 2, TRACT 5, ACRES
20.0310 as shown on the attached Exhibit `B" ("Prosper Independent School District Property");
WHEREAS, the Park Property and Prosper Independent School District Property are
adjacent to one another,
WHEREAS, Town and District recognize that the taxpayers of each entity are best served
by the maximum utilization of facilities gained through development of a master planning
document, thereby minimizing the need for costly duplication of similar facilities;
WHEREAS, the parties agree to share the cost of the master plan design on a per acre
basis. The Town of Prosper for responsible for 45% (57 f acres) of the costs incurred and the
Prosper Independent School District for the remaining 55% (69.623 f acres) of the costs
incurred;
WHEREAS, the parties agree to develop their respective tracts of land in accordance with
the master planned document approved by the Town of Prosper Parks and Recreation Board, The
Town of Prosper Council, and the Prosper Independent School District Board;
WHEREAS, the Parties have determined their participation in this Agreement serves a
public purpose;
WHEREAS, the Parties will retain public control over the funds subject to this
Agreement to ensure that the public purpose is achieved;
WHEREAS, the Parties have determined that they will receive a return benefit for their
participation in this Agreement; and
Intergovernmental Joint Use Agreement (Development) Page 1
January 08'
WHEREAS, the Parties are authorized by law to enter into this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, the parties hereto agree as follows:
1. Term.
a. Primary Term. The primary term of this Agreement shall be to the completion
of the master plan document.
2. Obligations.
A. Obligations of Town.
i) Town shall reimburse the Prosper Independent School District for forty-five (45)
percent of the master planning costs of the 126.623 acre site. The Town shall
reimburse the Prosper Independent School District within thirty (30) days upon
receiving an invoice.
ii) The Town of Prosper Parks Board shall give direction and input to the Consultant
in a timely manner as to not cause delay in the process.
B. Obligations of District.
i) Prosper Independent School District agrees to enter into a contract with a
qualified Consultant for the development and design of a master plan for the
126.623 acre site consisting of Town property and Prosper Independent School
District property by no later than April 30, 2008.
ii) Prosper Independent School District shall fund 100% of the master planning costs
as agreed to by the Prosper Independent School District Board. The Prosper
Independent School District shall provide the payment to the approved design
consultant within thirty (30) days after receiving the documented invoice.
iii) Prosper Independent School District, as part of its agreement with the selected
Consultant, shall require the Consultant to complete all master plan document no
later than August 31, 2008.
iv) Prosper Independent School District shall require two invoices from the selected
Design Consultant one of which shall be provided to the Town of Prosper. The
Town shall reimburse the Prosper Independent School District forty-five (45)
percent of the total of the invoice as agreed to in Section 2.A.i. of this agreement.
C. Joint Obligations of the Parties.
i) Upon the selection of a Consultant by the Prosper Independent School District, the
Town of Prosper and the Prosper Independent School District shall arrange for a
joint meeting with the Consultant to give direction and the design parameters to
Intergovernmental Joint Use Agreement (Development) Page 2
January 08'
the Consultant. Following the meeting the Consultant shall present monthly
updates for review and to receive comments from the Town of Prosper Parks and
Recreation Board. Monthly updates will be provided up to the time the final
master plan document is prepared.
ii) Upon completion of the master plan, the Prosper Independent School District and
the Town of Prosper shall arrange a meeting to review, discuss, and a agree to the
entity responsible for the improvements as documented on the master plan.
C. Compliance with the Law.
Parties will insure that all processes within the execution of the agreement will
comply with applicable federal, state and local laws. The Prosper Independent School
District and Town will not be responsible for the compliance of third parties with this
provision.
7. Default.
Failure of a Party to abide by any of the terms and conditions of this Agreement shall
constitute an Event of Default. In the event of a non -monetary default, the non -defaulting
Party shall notify the defaulting Party of such event of default in writing. If the non -
monetary event of default does not involve the safety of person or property, in the sole
determination of the non -defaulting Party, the defaulting Party shall have thirty (30) days
from the date of notice within which to cure the default; or if the default is not susceptible
of being cured within such thirty (30) day period, the defaulting Party shall have ten (10)
days from the date of notice to commence cure of the default and shall continuously and
vigorously pursue the same to completion. In the event of a monetary default or a non -
monetary default which has not been cured within the time set forth above, the non -
defaulting Party shall have the right to immediately terminate this Agreement.
8. District Board and Town Council Approval.
This Agreement is entered into by District pursuant to a resolution passed by its Prosper
Independent School District Board of Trustees dated April 21, 2008, authorizing the
Superintendent to execute the same on behalf of the Prosper Independent School District,
and by Town pursuant to a resolution passed by its Town Council dated April 22, 2008,
authorizing the Town Manager to execute the same on behalf of the Town of Prosper.
9. Miscellaneous Provisions.
A. Notices. Any notice required or permitted under this Agreement shall be given when
actually delivered or when deposited in the United States mail as certified mail
addressed as follows:
To District: Prosper Independent School District
Superintendent
P. O. Box 100
Prosper, Texas 75078
Intergovernmental Joint Use Agreement (Development) Page 3
January 08'
Telephone: 972-346-3316
Facsimile: 972-346-9247
To Town: Town of Prosper
Town Administrator
P.O. Box 307
Prosper, Texas 75078
Telephone: 972-3 46-2640
Facsimile: 972-347-2304
B. Entire Agreement. This Agreement contains the entire agreement of the Parties with
respect to the matters contained herein and may not be modified or terminated except
upon the provisions hereof or by the mutual written agreement of the Parties hereto.
C. Governing Law and Venue. This Agreement shall be construed in accordance with
the laws of the State of Texas and exclusive venue shall be in Collin County, Texas.
D. Consideration. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is forever confessed.
E. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of the
governmental, sovereign, or official immunity afforded by law to either the Town or
District, nor shall this Agreement be deemed to alter the limitation of liability for
recreational uses in Chapter 75 of the Civil Practice and Remedies Code, as it exists
or may be amended.
F. Non -Transferable. Neither party hereto shall sublet, transfer or assign any of its
rights hereunder to a third party.
G. Cumulative Remedies. All rights and remedies of Town and District under this
Article shall be cumulative, and none shall exclude any other right or remedy
provided by law, or by any other provisions of the Agreement. All such rights and
remedies may be exercised and enforced concurrently and whenever, and as often, as
occasion for their exercise arises.
H. Waiver of Breach. A waiver by either Town or District of a breach of the
Agreement by the other party does not constitute a continuing waiver or a waiver of
any subsequent breach of the Agreement.
I. Parties Bound. The Agreement shall be binding upon, and inure to the benefit of, the
Parties to the Agreement and their respective heirs, executors, administrators, legal
representatives, successors, and assigns when permitted by this Agreement.
J. Legal Construction. In case any one or more of the provisions contained in the
Agreement shall for any reason be held by a court of competent jurisdiction to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision of the Agreement, and the
Intergovernmental Joint Use Agreement (Development) Page 4
January 08'
Agreement shall be construed as if the invalid, illegal, or unenforceable provision had
never been included in the Agreement.
K. Equal by all Parties. The Agreement shall be deemed drafted equally by all parties
hereto. The language of all parts of the Agreement shall be construed as a whole
according to its fair meaning, and any presumption or principle that the language
herein is to be construed against any party shall not apply.
L. Amendment. No amendment, modification, or alteration of the terms of the
Agreement shall be binding unless it is in writing, dated subsequent to the date of the
Agreement, and duly executed by the parties to the Agreement.
M. Force Majeure. Neither Town nor District shall be required to perform any term,
condition, or covenant in the Agreement so long as performance is delayed or
prevented by force majeure, which shall mean acts of God, strikes, lockouts, material
or labor restrictions by any governmental authority, civil riots, floods, and any other
cause not reasonably within the control of Town or District and which by the exercise
of due diligence Town or District is unable, wholly or in part, to prevent or overcome.
N. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the Parties
do not intend to create any third party beneficiaries by entering into this Agreement.
TOWN OF PROSPER, TEXAS
IM
Mike Land, Town Manager
Date:
Attest:
Matt Denton
Town Secretary
Intergovernmental Joint Use Agreement (Development) Page 5
January 08'
PROSPER INDEPENDENT
SCHOOL DISTRICT
IM
Drew Watkins, Superintendent
Date:
Intergovernmental Joint Use Agreement (Development) Page 6
January 08'
ISPER
OWN OF
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
Cc: Mike Land, Town Manager
Re: Atmos Gas Franchise Fee Increase
Agenda Item•
ADMINISTRATION
A public hearing to consider and act upon franchise fee increases on Atmos Energy Corporation
Gas franchises.
Description of Agenda Item:
Pursuant to a recent Settlement Agreement, at a municipality's request, Atmos will approve the
execution of or amendment to the town's franchise agreement to increase franchise fee payments.
The agreement, which caps the increase at a maximum of five (5) percent of gross revenues for
gas sold within city limits, is effective for franchise payments made on May 1, 2008 if submitted
on or prior to June 1, 2008.
Budget Impact•
The current rate of 4° o generated an annual payment totaling $15,021. Assuming the same
revenues the 5% rate proposed would generate $18,777, an increase of $3,755.
Legal Obligations and Review:
The ordinance submitted was authored/reviewed by Lloyd, Gosselink, Blevins, Rochelle &
Townsend P.C. representing the Atmos Cities Steering Committee Members.
Attached Documents:
Proposed Ordinance
Board. Committee and/or Staff Recommendation:
Staff is recommending that the Town approve the proposed ordinance to increase the franchise
fee to 5%.
Item No. 16 Page 1 of 1
ORDINANCE NO.
AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE
TOWN OF PROSPER AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A
DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION; AND FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED
IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, Atmos Energy Corporation ("Company") is engaged in the business of
furnishing and supplying gas to the general public in the Town of Prosper, including the
transportation, delivery, sale, and distribution of gas in, out of, and through the Town for all
purposes, and is using the public streets, alleys, grounds and rights -of -ways within the Town for
that purpose under the terms of a franchise ordinance duly passed by the governing body of the
Town and duly accepted by Company or its predecessor in interest; and
WHEREAS, the Town of Prosper and Company desire to amend said franchise ordinance
to provide for a different consideration;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS: that
SECTION 1: The consideration payable by Company for the rights and privileges
granted to Company by the franchise ordinance duly passed by the governing body of this Town
and accepted by Company or its predecessor in interest is hereby changed to be five percent (5%)
of the Gross Revenues, as defined in the franchise ordinance.
SECTION 2: Franchise payments shall be made on the dates prescribed in the existing
franchise and shall be for the rights and privileges as set forth in the existing franchise.
SECTION 3: This ordinance shall take effect on May 1, 2008. Company shall, within
thirty (30) days from the receipt of this ordinance, file its written acceptance of this ordinance
with the Office of the Town Secretary in substantially the following form:
To the Honorable Mayor and Town Council:
Atmos Energy Corporation, acting by and through the undersigned
authorized officer, hereby accepts in all respects, on this the
day of , 2008, Ordinance No.
amending the current gas franchise between the Town and Atmos
Energy Corporation.
Atmos Energy Corporation
Vice President, Mid -Tex Division
SECTION 4: In all respects, except as specifically and expressly amended by this
ordinance, the existing franchise ordinance heretofore duly passed by the governing body of the
Town shall remain in full force and effect.
SECTION 5: The Town shall provide a copy of this Ordinance to Mr. David Park, VP
of Rates and Regulatory Affairs, Atmos Energy Corp., 5420 LBJ Freeway, Suite 1800, Dallas,
Texas 75240, no later than ten (10) business days after its final passage and approval.
SECTION 6 It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice of the time,
place and purpose of said meeting was given as required.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
TEXAS, this the _ day of , 2008, at which meeting a
quorum was present and voting.
Mayor
ATTEST:
Town Secretary
APPROVED AS TO FORM:
Town Attorney