06.10.2008 Town Council PacketISPER
OWN OF
1. Call to Order / Roll Call.
2. Invocation and Pledge of Allegiance.
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, June 10, 2008 at 6:00 p.m.
3. Announcements of dates and times of upcoming community events.
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one
motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item
without comment and may submit written comments as part of the official record.)
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• May 27, 2008 —Regular Town Council Meeting
ORDINANCES, RESOLUTIONS. AND AGREEMENTS
b. Consider and act upon an ordinance to rezone 80.74f 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) (WI)
(The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda
Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.)
5. Other Comments by the Public.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town
Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those wishing to
speak on a non-public hearing related item will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS
6. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately
01.572 acres of land located in the A. Jamison Survey, Abst. No. 672, MEP Railroad Survey, Abst. No.
1476, and the P. Barnes Survey, Abst. No. 76, Denton County and being more generally located west of
Gee Road and North of Hwy 380. (MD)
DEPARTMENT ITEMS
7. Consider and act upon approving and adopting an Ordinance establishing regulations for digital display
signs and prohibiting the conversion of static display billboards to digital display billboards in the Town
and providing for the requirement of a permit(s) and all associated fees. (DL)
Page 1 of 2
8. Discuss and update Town Council on the ramping configurations for the Dallas North Tollway Extension
Phase 4A from U.S. 380 to First Street. (HW)
9. Consider and act on Safer Grant to hire additional fire fighters. (RT)
10. Discuss and give direction to HOK for the Gateway Enhancement Project. (ML)
11. Town Manager's Comments.
12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
13. Adjourn.
Note: The order in which items are heard on the agenda is subject to change.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was 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, June 6, 2008 at
5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
fatthew D. Denton, TRMC
own Secretary
Date Noticed Removed
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.
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Page 2 of 2
ISPER
OWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:06 p.m.
MINUTES
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.
eigs Miller,
Director of
Chief; and
tvid Bristol
• May 13, 2008 — Regular Town Council Meeting
• May 19, 2008 — Special Town Council Meeting
ORDINANCES, RESOLUTIONS. AND AGREEMENTS
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)
Page 1 of 5
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)
Councilmember Dugger requested item 4b be pulled from the consent agenda.
Motioned by Councilmember Dugger, seconded by Councilmember Smith to approve the consent agenda items 6a,
6c and 6d subject to staff recommendations.
Motion approved 7-0.n
b. An update on the Town's construction of the Folsom Park Improvement'i*4WH)
f
Councilmember Dugger had a few questions for staff regarding parkkinkg andNrestrooms after the park was improved.
Motioned by Councilmember Smith, seconded by Councilmember Dugger to approve item 6b.
Motion approved 7-0.
CITIZEN'S COMMENTS N, 0
7. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
8. A public hearing. mconsider And act upon a request to rezone 80.3f acres, located on the northeast
CUM
corner of Prosperf:Trail and Coleman Street, to amend Planned Development-24 (Ariana Estates)
regarding the thoroughfare sc eening requirements. (Z08-6) (WH)
Chris Copple, SeniorJvnvnv.r, Planner, gave council backgrourid�j&rmation on this item.
v:AN!; , R
S'1
Motionedi y Deputy Mayor,RT' fem Turley seconded by Councilmember Vestal to open the public hearing.
Motionoam oved 7-0. U .
Mayor Niswa ger.�opened the publigl-,4earing at 6:41 p.m.
Mark Webb, Webb4Consulting Group, answered questions for council.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to close the public hearing.
Motion approved 7-0. T.
Mayor Niswanger closed the public hearing at 6:49 p.m.
Motioned by Councilmember Dugger, seconded by Deputy Mayor Pro-Tem Turley to approved the 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.
Motion approved 7-0.
Page 2 of 5
DEPARTMENT ITEMS
9. Consider and act upon the appointment of a Mayor Pro-Tem and Deputy Mayor Pro-Tem. (MD)
Deputy Mayor Pro-Tem Turley nominated Councilmember Smith for Mayor Pro-Tem.
Nomination approved 7-0.
Mayor Pro-Tem Smith nominated Councilmember Dugger for Deputy Mayor Pro-Tem.
Nomination approved 7-0.
10.
Consider and act upon drawing lots between Place 3, Place 4, and
shall receive a two year term and which Places will receive three ye
Matthew Denton, Town Secretary, had the three councilmembers draw
terms. The results were:
Place 3, Meigs Miller — 2 year term
Place 4, David Vestal — 3 year term
Place 5, Danny Wilson — 3 year term
11.
Consider and act upon 1) approval of a Right of Way
Services, Inc., regarding the removal of Business SH
SH 289 to from the Texas Department of Transp
resolution authorizing the Town Manag .execute t
Hulon Webb, Director of Development Services,
Paul Heidaker, Property Acqui
Motioned by Mayor Pro-T
Motion approved 7-0.
12.
Hulon
Consider and act on
to act on..behalf of'
Motioned by Deputy i
as the project official)
participation in the 0
application for progra
Motion approved 7-0.
13.
determine which Place
the lengths of their
reement with Property Acquisition
to SH 289) and FM 1193 (Business
oadway network and 2) adopt a
Pro-Tem Dugger to approve item 11.
Manager as the project official/representative
V for the purpose of participating in the Collin
; and authorizing the submittal of a grant
gave council background information on this item.
)r Pro-Tem: Dugger, seconded by Councilmember Miller to designate the Town Manager
,sentative-to act on behalf of the Town in dealing with Collin County for the purpose of
County Parks and Open Space Assistance Program and authorize the submittal of a grant
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. (WH)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to designate the Town
Manager as the project official/representative to act on behalf of the Town in dealing with the Texas Parks and
Page 3 of 5
Wildlife Department for the purpose of participating in the TPWD Outdoor Recreation Grand and authorize the
submittal of a grant application for the program assistance.
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. (NM)
Mile Land, Town Manager, gave council background information on this item.
Motioned by Mayor Pro-Tem Smith, seconded by Councilmember Turley to approve item 14.
Motion approved 7-0. Ak
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. ,MCgk. (WH)
Mike Land, Town Manager, gave council background information on this'aitem.
�r
Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to en�te nto the agreemeitn
with Prosper Independent School District and approve a resolution authorizing the Town Manager to execute the
document for the 57 acre park.
Motion approved 5-0.`,:;,�
PUBLIC HEARING
16. A public hearing to consider and act
franchises. (MG)
Matthew Garrett, Finance Director, gave council
Motioned by Deputy Mayor
Motion approved 7-0. Al
Mayor Niswanger
Jeff Burandt
franchise fee increases;.on Atmos Energy Corporation Gas
is hearing at 7:41 p.m.
on
Pro-Tem Smith to open the public hearing.
VA ' W'--SW'h9 '+AV Wh9h7
Motionedby Mayor Pro-Tem Smith, seconded by Deputy Mayor Pro -Tern Dugger to close the public hearing.
Motion.anproved 7-0.$£,, _
Mayor Niswanger closed the public hearing at 7:44 p.m.
Motioned by Mayor Pro -Tern Smithy. seconded by Deputy Mayor Pro-Tem Dugger to approve the rate increase for
Atmos Energy Corporation.
Motion approved 5-2 with 1NIayor?Niswanger and Councilmember Miller voting "no".
17. Town Manager's
Mike Land, Town Manager, informed the council that the Development Services Department would no longer be
closing during lunch time and would be open from 8 a.m. to 5 p.m.
Mike Land also informed the council there will be a joint meeting with PISD on June 9t'.
Page 4 of 5
18. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Mayor Pro-Tem Smith asked that council look at the Code of Ethics again regarding the endorsement issue and also
look at ways to inform citizens where the future water towers will be built.
19. Adjourn.
Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Mayor Pro-Tem Smith to adjourn.
Motion approved 7-0.
The
Atte.,
Matt
Towi
Page 5 of 5
PLANNING
PIISPER
To: Mayor and Town Council
From: Wade Harden, Senior Planner
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — June 10, 2008
Date: June 4, 2008
Agenda Item:
Consider and act upon and ordinance rezoning 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:
At the May 27, 2008 meeting, the Town Council approved zoning case Z08-6 by a vote of 7-0.
Town staff has prepared an ordinance rezoning the property.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a
zoning request and adopting an ordinance rezoning property. A public hearing has been held and
the Town Council approved the zoning case. The ordinance has been prepared. Review of the
ordinance by the Town Attorney is not required.
Attached Documents:
1. The Ordinance rezoning the property is attached.
Town Staff Recommendation:
Town staff recommends the Town Council adopt the attached ordinance rezoning 80.74t acres,
located on the northeast corner of Prosper Trail and Coleman Street, to amend Planned
Development-24 (Ariana Estates) regarding the thoroughfare screening requirements.
Agenda Item No. 4b - Page 1 of 1
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 08-_
AN ORDINANCE AMENDING ORDINANCE NO. 05.51; REZONING A TRACT OF LAND
CONSISTING OF 80.57 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT DISTRICT (PD-24) —
SINGLE FAMILY-10/12.5 (PD-SF-10/12.5) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENTDISTRICT (PD-24) — SINGLE
FAMILY-10/12.5 (PD-SF-10/12.5); DESCRIBING THE TRACT TO BE REZONED; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and
determined that Ordinance No. 05-51 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Axxium Land
Development, L.L.C. ("Applicant") to rezone 80.57 acres of land, more or less, situated in the 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.
TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
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 Ordinance No. 05-51. Ordinance No. 05-51 Exhibit "C" Section "F"
Landscaping section is amended as follows:
Exhibit C of the Planned Development Standards:
F. Lots backing or siding to Prosper Trail and/or Coleman Street shall include a wrought iron 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. Canopy trees thirty (30) foot centers shall be provided
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 Adana Estates Home Owners Association.
Except as amended by this Ordinance, the development of the Property within this Planned Development
District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist
or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed
and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be
changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting
thereon all changes and subsequent amendments for observation, issuing building permits, certificates
of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information
purposes may from time -to -time be made of the official zoning district map.
Written notice of any amendment to this Planned Development District shall be sent to all property owners
within two hundred feet (200) of the specific area to be amended.
SECTION 3: No Vested Interest/Repeal. 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: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20 and Ordinance No. 05-51, or as amended, shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all
remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have
passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 and Ordinance No. 05-51
shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal
shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a
prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any
remaining portions of said ordinances shall remain in full force and effect.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON
THIS 10th DAY OF JUNE, 2008.
APPROVED AS TO FORM:
Charles Niswanger, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Matthew Denton, Town Secretary
DATE OF PUBLICATION: . Dallas Morning News — Collin County Addition
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P TOWN ER
To: Mayor and Town Council
From: Matthew D. Denton, Town Secretary
Xc: Mike Land, Town Manager
ADMINISTRATION
Regular Meeting
Prosper Town Council
June 10, 2008 - 6:00 p.m.
Re: Annexation of approximately 101.572 acres of land generally located north of
Hwy 380 and west of Gee Road.
Description:
Council accepted the petition for the voluntary annexation of approximately 101.572 acres of
land generally located north of Hwy 380 and west of Gee Road at their May 13, 2008 meeting.
This is the first of two public hearings required to annex the property. Following is a service
plan for the property.
Recommendation:
Staff recommends that Council receive any input at the public hearing. Following the public
hearing, no Council action is required.
Agenda Item No. 6
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TOWN OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO.
DATE OF ANNEXATION ORDINANCE
ACREAGE ANNEXED:
SURVEY, ABSTRACT & COUNTY:
CURRENT PROPERTY OWNER:
08-xx
July 8, 2008
Approximately 101.572 acres
Jamison Survey, Abstract No. 672, and the P. Barns Survey,
Abstract No. 79, and the MEP Railroad Survey, Abstract
Number 1476, Denton County
NW 380 & 423 L.P.
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF
OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
A. POLICE SERVICE
PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE
LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL
BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN.
B. FIRE SERVICE
1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT
PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS
OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE
PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND
EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED
THROUGHOUT THE TOWN.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND
REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED
AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE
PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE
USE OF EXISTING PERSONNEL.
2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF
PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND
ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL
BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES.
3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED
IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED
ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL
WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH
AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA
UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL
THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO
CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN.
E. PARK AND RECREATION SERVICES
I. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL
SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE
ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY
APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER.
THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN.
3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION
SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE
TOWN.
4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES
WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN,
BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE.
F. SOLID WASTE COLLECTION
I. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH
EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE
COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF
RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF
THIS ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION
DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE
PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE
TOWN AS TO FREQUENCY, CHANGES AND SO FORTH.
G. STREETS
I. THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE,
APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY
BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A
STREET WITHIN THIS PROPERTY HAS BEEN
CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS,
THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER.
2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN
STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER
WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON
COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY.
3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS
WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS
PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS
SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT
POLICIES.
H. WATER SERVICES
1. CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC,
COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN
ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS,
WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH
SERVICE THROUGHOUT THE TOWN.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF
THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION
ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN
PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE
APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE
COMMENCED WITHIN TWO AND ONE-HALF (2 ''/z) YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A
SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE
ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE
TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE
TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY.
I. SANITARY SEWER SERVICES
1. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE
SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN
POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES
ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN.
2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN
STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN
THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE
TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE
SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH
EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS.
3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER
MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE
SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND
REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN
ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH
EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE
REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE
SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE-
HALF (4-1/2) YEARS AFTER THAT DATE.
J. MISCELLANEOUS
1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE
TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE
TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE
ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER.
2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN
SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF
THE ANNEXATION ORDINANCE.
3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE
ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS
OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT
BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE.
4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE
ORDINANCE.
BUILDING
INSPECTIONS
To: Mayor and Town Council
From: David Ledwitz, Code Enforcement Officer
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Wayne Snell, Building Official
Re: Town Council Meeting — June 10, 2008
Date: June 3, 2008
Agenda Item:
Consider and act upon approving and adopting an Ordinance establishing regulations for digital
display signs and prohibiting the conversion of static display billboards to digital display
billboards in the Town and providing for the requirement of a permit(s) and all associated fees.
Description of Agenda Item:
The proposed ordinance would amend the current Sign Code by adding the definitions of Digital
Display Signs and their allowed use and amending the Prohibited Signs section.
Budoet Impact:
This proposed ordinance does not alter any current fees.
Legal Oblioations and Review:
The Town Attorney has not reviewed the proposed ordinance.
Attached Documents:
The following documentation is being provided for review:
• Proposed Ordinance
• Current code for Monument Signs (1.09 (D)).
Board. Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve the proposed Ordinance amending the
Town's Sign Code.
Agenda Item No. 7 - Page 1 of 1
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 08-
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN ORDINANCE NO.
04-03, BY AMENDING SECTION 1.01 DEFINITIONS, AMENDING SECTION 1.10(D)
MONUMENT SIGNS; BY ADDING DIGITAL DISPLAY SIGN, AND AMENDING SECTION 1.11
PROHIBITED SIGNS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and
determined that Ordinance No. 04-03 (Regulation of Signs) should be amended as set forth below; and
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to regulate signs within Prosper and its Extraterritorial Jurisdiction
("ETJ");
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to prevent potential traffic hazards resulting from the signs' distractions
and locations;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to prevent nuisances;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to create a neat and orderly appearance throughout Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to create a means to safely identify a place of business and the services
available on the premises without creating aesthetic offenses and harm;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to support the general economic development of Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to support the general welfare of the citizens and to maintain the
historically small town atmosphere during a time of growth by providing for a means to communicate information
related to the non-residential community, civic activities and government;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to ensure a noncommercial atmosphere in residential areas;
ESTABLISHING SIGN CODE AMENDMENTS FOR DIGITAL DISPLAYS AND BILLBOARDS Page 1 of 5
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to create appropriate and orderly commercial and residential
atmospheres;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to maintain the privacy of the home and limit what an unwilling viewer
must be exposed to relative to the enjoyment of the investment made in the home;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and
in the best interest of the citizens of Prosper to enhance property values and psychological well-being for individuals
and families;
WHEREAS, Prosper has complied with all notices as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of the
citizens of Prosper to amend Ordinance No. 04-03 (Regulation of Signs) as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
SECTION 1: Findings Incorporated/Applicability of Ordinance. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein. This Ordinance shall regulate signs within
Prosper and its ETJ.
SECTION 2: Amendment to Ordinance No. 04.03 (Regulation of Signs) Section 1.01 Definitions.
Ordinance No. 04-03, Section 1.01 Definitions is hereby amended to add the following:
DIGITAL DISPLAY — for the purpose of this code shall have the same meaning as an Electronic Message Board
(EMB) or a Changeable Electronic Variable Message Sign (CEVMS).
ELECTRONIC MESSAGE BOARD (EMB) - means any sign with a fixed or changing display/message composed of
a series of lights that may be changed through electronic means. Signs that contain alphabetic, pictographic or
symbolic informational content can be changed or altered on a fixed display screen composed of electrically
illuminated segments.
CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGN (CEVMS) - means a sign which permits light to be
turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including
any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times
when such sign is in use, including light emitting diode (LED) or electronic message board or digital display, and
which varies in intensity or color. A CEVMS does not include a sign located within the right-of-way that functions as a
traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD)
approved by the Federal Highway Administration or the Texas Department of Transportation.
ESTABLISHING SIGN CODE AMENDMENTS FOR DIGITAL DISPLAYS AND BILLBOARDS Page 2 of 5
SECTION 3: Amendment to Ordinance No. 04.03 (Regulation of Signs) Section 1.10(D) Monument
Signs. Ordinance No. 04-03 Section 1.10 (D) is hereby amended to add paragraph 3, Digital Display Signs to read
as follows:
3. A Digital Display Sign, as defined in Section 1.01, may only be permitted as part of an
approved Monument Sign as defined in paragraph 1.
a. Time — A Digital Display Sign may only be permitted in conjunction with an approved
Monument Sign, whether new or retrofitting an existing monument sign. In the case of
retrofitting an existing Monument Sign, all current provisions of the sign code, as they exist or
may be amended, shall apply.
b. Place —
1. A Digital Display Sign shall meet the same requirements as a Monument Sign.
c. Manner —
1. A Digital Display Sign shall meet the same requirements as a Monument Sign, including
the minimum height for text and graphic elements shall be six inches (6").
2. A light detection device and/or photocell sensor shall be installed as part of the sign to
ensure the sign's brightness is dimmed when ambient light conditions darken. No sign
within one hundred fifty feet (150') of an adjacent residential tract shall create a light
nuisance. No sign adjacent to a thoroughfare shall create a light nuisance or an
impairment of vision creating a hazard for vehicular or pedestrian traffic.
3. Duration of message display shall not be less than 10 seconds. Public Service
information such as date, time, temperature, weather, or information related to a public
emergency (local, regional, state or national) shall be permitted to display not less than 5
seconds. This is also referred to as Hold Time or Frame Duration.
4. Message transition such as entry or exit effect shall not be greater than 1 second,
meaning the message should transition from one message to another within 1 second.
5. Frame effects such as flashing shall be prohibited.
6. All Digital Display Signs shall be maintained and kept in good working order. Reasonable
accommodations shall be made within thirty (30) days to repair damaged or non -working
displays.
ESTABLISHING SIGN CODE AMENDMENTS FOR DIGITAL DISPLAYS AND BILLBOARDS Page 3 of 5
7. Digital Display Signs may not be used to display commercial messages relating to
products or services that are not offered on the premises.
SECTION 3: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.11 Prohibited Signs.
Ordinance No. 04-03, Section 1.11 Prohibited Signs is hereby amended by the following:
1.11 (D) Commercial Billboard Signs is hereby amended by adding the following sentence to the existing
definition as follows:
The conversion of existing traditional static commercial billboard signs to signs employing digital or any
similar electronic technology shall be prohibited.
1.11(J) Other Signs is hereby amended as follows:
1. Signs which move and/or are animated by means of flashing, traveling or blinking lights, or other means
not providing constant illumination; provided however Digital Displays, Electronic Message Boards or
Changeable Electronic Variable Message Signs shall be permitted.
3. Appendages to primary signs which have flashing, blinking, or traveling lights; provided however Digital
Displays, Electronic Message Boards or Changeable Electronic Variable Message Signs shall be
permitted.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance,
or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not
exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to
enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal
law.
SECTION 5: Savings/Repealing Clause. Ordinance No. 04-03 shall remain in full force and effect, save
and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the
repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all
remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have
passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and
publication as required by law.
ESTABLISHING SIGN CODE AMENDMENTS FOR DIGITAL DISPLAYS AND BILLBOARDS Page 4 of 5
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on
this day of , 2008.
APPROVED AS TO FORM:
Charles Niswanger, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Matthew Denton, Town Secretary
DATE OF PUBLICATION: . Dallas Moming News — Collin County Edition
ESTABLISHING SIGN CODE AMENDMENTS FOR DIGITAL DISPLAYS AND BILLBOARDS Page 5 of 5
D. MONUMENT SIGNS
1. Definition - A monument sign is a sign that is supported from the grade to the
bottom of the sign having or appearing to have a solid and opaque base and
generally used to identify the name of a business or development.
2. A monument sign is permissible subject to the following conditions and upon the
issuance of a sign permit:
a. Time — A sign permit shall not be issued to erect or place a monument sign
on a property until a site plan and/or final plat has been approved by the
Town for development of the property and after the issuance of a building
permit for a building on the property.
b. Place —
1. Monument signs are permitted only in conjunction with a non-residential
use.
2. A monument sign is permitted on the same lot as a unified development
sign, but the total number of unified development signs and monument
signs located within a unified development zone shall generally not
exceed the number of lots located within the unified development zone.
The total number of signs shall be permitted to exceed the number of lots
when additional monument or unified development signs are permitted on
a property in accordance with Section 1.09(D)(2)(c)(3) and
1.09(G)(2)(c)(5).
3. Minimum setback is fifteen (15) feet from the front, side, and rear property
lines.
c. Manner —
Monument signs shall be entirely constructed of the same masonry
materials as the front building facade of the principle building on the same
lot or shall be stone or brick. All sign text and graphic elements shall be
attached to this masonry structure not closer than six (6) inches from the
top and side edges and twelve (12) inches from the bottom edge of the
sign structure. Sculpted aluminum sign panels will be permitted. The
minimum height permitted for text and graphic elements is six (6) inches.
2. Monument signs constructed in conjunction with unified development and
internal directional signs shall be consistent with the building elements
and materials of the unified development and internal directional signs on
the same lot and/or within the unified development. Architectural
embellishments are also encouraged and may be considered through the
review of the sign coordination plan defined in Section 1.18.
3. A lot is allowed a maximum of one (1) monument sign per street frontage.
4. The maximum area of a monument sign, including the one -foot masonry
border, is sixty (60) square feet.
5. The maximum height of a monument sign is six (6) feet five (5) inches.
6. Monument signs may only be illuminated utilizing internal lighting for
sculpted aluminum panels or a ground lighting source where the light
itself and supporting structure are not visible from any public right-of-way.
CURRENT MONUMENT SIGN REGULATIONS, ORDINANCE NO.04-03
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 — June 10, 2008
Date: June 4, 2008
Agenda Item:
Discuss and update Town Council on the ramping configurations for the Dallas North Tollway
Extension Phase 4A from U.S. 380 to First Street.
Description of Agenda Item:
At the April 8, 2008, Town Council Meeting, representatives of Halff Associates and HNTB
discussed with the council the proposed schematic design of the Dallas North Tollway
Extension 4A from U.S. 380 to FM 428. Since that meeting staff has met with Halff Associates,
HNTB and the North Texas Tollway Authority (NTTA) on two (2) separate occasions to address
NTTA's concerns with the traffic operations due to the number of proposed ramps between U.S.
380 and First Street. As a result of these meetings, the following four (4) alternatives were
developed:
• Option 1: Braided ramp pair serving Lovers Lane from the south over a
ramp pair serving US 380 to the north. The previously
proposed half diamond ramp pair between Lovers Lane and
First Street is removed.
• Option 2: A half diamond ramp pair serving US 380 on the south side of
Lovers Lane and a half diamond ramp pair serving First Street
on the north side of Lovers Lane. The previously proposed
half braided ramp pair serving Lovers Lane on the north side
of US 380 is removed and the ramp pair between Lovers Lane
and First Street is changed from a half diamond configuration
serving Lovers Lane on the south side of First Street to a half
diamond configuration serving First Street on the north side of
Lovers Lane.
• Option 3: A half diamond ramp pair serving Lovers Lane on the north
side of US 380 and a half diamond ramp pair serving Lovers
Lane on the south side of First Street. The previously
proposed half braided ramp pair serving US 380 on the south
side of Lovers Lane is removed.
Agenda Item No. 8 - Page 1 of 2
• Option 4: A half diamond ramp pair serving US 380 on the south side of
Lovers Lane and a half diamond ramp pair serving Lovers
Lane on the south side of First Street. The previously
proposed half braided ramp pair serving Lovers Lane on the
north side of US 380 is removed.
For each alternative discussed above, operations, access and cost were evaluated and the
resulting chart created:
Table 1 - Evaluation Summary
OPTION
OPERATION
ACCESS
COST
1
+
4
--
2
--
0
O
3
-
+
--
q
+
-
p
* Preferred NTTA Configuration
Based on the alternatives discussed and the town staffs concerns with access to Lovers Lane
on the north side of US 380, the Town recommends Option 1 be the approved preferred
configuration. Contrary to the recommendation from Halff Associates in the attached memo,
staff is recommending that the braided ramp configuration be shown to be constructed in a
single phase and not as traffic warrants.
The NTTA is currently planning to hold the Public Hearing for the schematic on July 10, 2008.
Budget Impact:
Due to the increased cost for the braided ramps proposed in Option 1, the NTTA is requiring the
Town of Prosper participate financially in its construction. Funding for this option will have to be
determined in the future and outlined in an upcoming Interlocal Agreement between the NTTA
and Town.
Legal Obligations and Review:
None
Attached Documents:
The following documentation is being provided for review:
• Memo from Halff Associates
• Ramping Alternatives Exhibit from Halff Associates
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council discuss the ramping configurations for the Dallas
North Tollway Extension Phase 4A from U.S. 380 to First Street and approve Option 1 as the
preferred configuration with the following conditions:
Braided ramps to be shown on the schematic to be constructed in a single phase with
the main lane extension.
Cost participation for the braided ramps from the Town of Prosper will be determined in
an upcoming Interlocal Agreement between the NTTA and Town.
Agenda Item No. 8 - Page 2 of 2
;;; HALFF
Halff Associates, Inc.
1201 North Bowser Road
Richardson, Texas 75081
(214)346-6200
Fax (214) 739-0095
MEMORANDUM
TO: Tom Diamond DATE: May 27, 2008
FROM: Nelson L. Underwood AVO: 25602
EMAIL: nunderwood@halff.com
SUBJECT: DNT 4A Prosper Ramp Alternatives
Prosper Ramping Alternatives
Overview — There are six ramps in the area between US 380 and First St. NTTA is concerned with the
traffic operations due to the close proximity of these ramps. The Town of Prosper is concerned with the
access to and from Lovers Pkwy. There have been two meetings between the Town of Prosper and
NTTA on 5/7 and 5/21 concerning these ramps. Out of these meetings, 4 alternate ramp configurations
have been developed. The alternatives are discussed below with Exhibit A showing the different
configurations, and Table 1 summarizing the evaluation ranking.
Table 1 — Evaluation Summary
OPTION
OPERATION
ACCESS
COST
1
+
+
--
2
--
0
0
3
-
+
--
4
+
-
0
* Preferred NTTA Configuration
OPTION 1
Description — Braided ramp pair serving Lovers Pkwy from the south over a ramp pair serving US 380 to
the north. There are no ramps between Lovers Pkwy and First St.
Operations: Increases the weaving distance between the north half diamond pair at US 380 and
the south half diamond pair south of Prosper Trail.
Access: Half diamond ramp pair south of Lovers Pkwy serves US 380 directly from the north
and south. Provides access to Lovers Pkwy which is more predominate First St.
Cost: The at -grade ramps are estimated to cost $2 mil per pair, and the braided ramps on
structure are estimated to cost $10 mil per pair. Total cost for this configuration is approximately
$12 mil.
;p; HALFF
OPTION 2
Halff Associates, Inc.
1201 North Bowser Road
Richardson, Texas 75081
(214)346-6200
Fax (214) 739-0095
Description — A half diamond ramp pair serving US 380 on the south side of Lovers Pkwy and a half
diamond ramp pair serving First St on the north side of Lovers Pkwy.
Operations: Decreases weaving distance from north half diamond ramp pair serving US 380
and the south half diamond ramp pair serving First St (Minimum 1500' tip -to -tip theoretical gore
requirement could not be met).
Access: Half diamond ramp pair serves US 380 directly from the north and south. Access to
Lovers Pkwy from northbound DNT must exit south of US 380 and pass through the US 380
interchange. Southbound DNT access to Lovers Pkwy must exit south of Prosper Trail and pass
through the First St intersection.
Cost: The at -grade ramps are estimated to cost $2 mil per ramp pair. Total estimated cost
would be $4 mil.
OPTION 3
Description — A half diamond ramp pair serving Lovers Pkwy on the north side of US 380 and a half
diamond ramp pair serving Lovers Pkwy on the south side of First St.
Operations: Increases US 380 traffic onto the frontage roads in both the north and south bound
directions north of US 380. The US 380 traffic to and from the north must pass through the
Lovers Pkwy intersection.
Access: The full diamond ramp pairs serve Lovers Pkwy from the north and south. Access from
US 380 to northbound DNT must pass through Lovers Pkwy intersection. Access from
southbound DNT to US 380 DNT must exit south of First St and pass through the Lovers Pkwy
Intersection.
Cost: The at -grade ramps are estimated to cost $2 mil per pair, the on -structure ramp pair north
of US 380 is estimated to cost $10 mil. The total cost for this configuration is approximately $12
mil.
OPTION 4
Description — A half diamond ramp pair serving US 380 on the south side of Lovers Pkwy and a half
diamond ramp pair serving Lovers Pkwy on the south side of First St.
Operations: Decrease weaving distance between the US 380 ramp pair and the southern
Prosper Trail ramp pair.
Access: Half diamond ramp pair south of Lovers Pkwy serves US 380 directly from and to the
north. Access to Lovers Pkwy and First St from northbound DNT must exit south of US 380 and
pass through the US 380 interchange for Lovers Pkwy and pass through both US 380 and Lovers
Pkwy intersections to access First St.
Cost: The at -grade ramps are estimated to cost $2 mil per ramp pair. Total estimated cost
would be $4 mil.
;;p HALFF
Conclusions:
Halff Associates, Inc.
1201 North Bowser Road
Richardson, Texas 75081
(214)346-6200
Fax (214) 739-0095
The NTTA recommends option 1 as the preferred configuration with the following conditions:
• No direct connectors are anticipated on any alignment configuration between US 380 and DNT 4A.
• Braided ramps will be shown on schematic as future construction.
• Phased construction of the braided ramps is anticipated when traffic warrants.
• Cost participation from the Town of Prosper will be necessary to build the braided ramps.
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To: Mayor and Town Council
From: Ronnie Tucker, Fire Chief
Cc: Mike Land, Town Manager
Re: Town Council Meeting — June 10,2008
Date: June 2, 2008
Agenda Item:
Consider and act on Safer Grant to hire additional fire fighters.
Description of Agenda Item:
Hiring of additional fire fighters under the Safer Grant Award.
Budget Impact:
See Attachment.
Legal Obligations and Review:
n/a.
Attached Documents:
Safer Grant paperwork.
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve hiring of the additional fire fighters.
Agenda Item No. 9
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Memorandum
To: SAFER Grant Recipients
From: SAFER Program Staff, Washington DC
Subject: Effective Management of Your SAFER Grant
Congratulations on your 2007 SAFER Grant award. We would like to provide you with
some important information to help you get started and assist you in successfully
managing your SAFER grant. Many of these tips have been identified by prior -year
SAFER grant recipients.
SAFER Information Resources
We highly recommend that you read and be familiar with this memorandum, as well as
your award package, the 2007 SAFER Program Guidance, and the 2007 SAFER Grant
frequently asked questions (FAQs). These latter two sources of information can be found
on our website at www.firegrantsLipl)ort.com. If you have specific questions not
addressed by the above documents, your first contact should be the AFG Help Desk at 1-
866-274-0960. Help desk staff will direct your call to a SAFER program specialist
assigned to your state.
Period of Performance (POP)
Please review your award package to identify the dates of your grant's performance
period. Remember that all work must be performed within the POP and no extensions
will be made.
90-Day Recruitment Period
The SAFER grant affords awardees a 90-day period in which to gather resources or
initiate processes needed to implement your SAFER grant activities. The recruitment
period starts on the date the application is approved for award, and ends with the start of
the performance period; therefore, by the time you are notified of receipt of award your
recruitment period has already begun.
Hiring Activity Awardees -- It is important to note that if you hire your SAFER -funded
firefighters during the 90-day recruitment period, you are responsible for paying 100% of
the salary and benefits costs incurred during this time. It is not a requirement that
SAFER -funded firefighters be hired on or by the first day of your grant's POP, but you
should make every effort to hire them as close to the start of the POP as possible. If you
are unable to hire all of your SAFER -funded firefighters during the first quarter of the
grant's POP, please contact the program office to discuss this with your SAFER program
specialist. If you do not know your assigned program specialist, call the AFG Help Desk
at 1-866-274-0960 for assistance.
Recruitment and Retention Awardees — You may begin implementing your awarded grant
activities during the 90-day recruitment period, and those costs are eligible for
reimbursement. However, you will not be able to submit your first payment request until
the end of the first quarter of the grant's POP.
Ouarterly Reporting — Payment Requests and Performance Reports
Quarters in SAFER are based on the grant's period of performance, not on the calendar or
fiscal year. This applies to both the Hiring and Recruitment and Retention (R&R)
activities. Please refer to the SAFER Grant FAQs for information regarding completing
Hiring Performance Report fields.
Submitting the First Payment Request — The SAFER grant requires awardees to submit
quarterly reports, whether or not any costs have been incurred during the quarter.
Reports in SAFER can not be submitted until the end of each grant quarter, and are due
within 30 days of the end of the quarter. The main payment request screen will indicate
the dates of the quarter covered by the report. All quarterly reports are submitted on-line
via the E-Grant system.
Report Content — While the quarterly report is called a Payment Request, there are
several sections within the report that must be completed. Whether your award is in the
Hiring activity, R&R activity, or both, you will need to complete the following sections:
Performance Report, SAFER Point of Contact, and Funds Request. In addition, if
awarded in the Hiring activity, you will need to complete a SAFER Personnel Roster. If
you are filling a position in a job -share capacity, or if you have a change in SAFER
personnel, please call the program office for assistance in how to update these changes to
your SAFER roster.
Program Q, ffice Feedback — When approving your quarterly reports, your SAFER
program specialist will communicate with you via comments in your E-Grant file. To
access these comments, select Manage Grant for your SAFER grant, and then click on
View Details for any request listed. The comments will appear in the top portion of the
screen. Prior to completing the next quarter's report, please review the comments entered
in your prior approved report for feedback or other important program information.
Additional Requirements — Hiring Activity
Roster of Personnel Employed at Time of Application — In order to monitor your SAFER
grant and verify the eligibility of SAFER -funded firefighters, you must provide the
program office a copy of your personnel roster in effect at the time of application. This
list must include the name and last 4 digits of the social security number of all paid
firefighting personnel who were in full-time or job -share positions at the time of
application. Rank, if available, would be helpful for our review. Volunteer personnel,
administrative civilian, and paid -on -call / stipend personnel do not need to be included on
the list. Make sure your grant number and department name appear at the top of the list
and on any subsequent pages. We would prefer this list to be sent via email in an Excel,
Word or PDF file to the SAFER program specialist assigned to your SAFER grant. If
you are unable to email the information, please contact us regarding other options. You
may submit the roster at any time after receipt of this letter, but must provide it before
your second quarter payment request can be approved.
2
Evidence of Completion o Required Training — As required by the 2007 SAFER
Program Guidance, you should be prepared to provide copies of training certificates
indicating that the newly hired firefighters are certified to the Firefighter I and Firefighter
II levels (NFPA 1001 or equivalent), if requested by the program office.
Recruitment and Retention Activity
When implementing your grant activities, please remember that the only activities
approved and awarded are those listed in the Request Details and Narrative sections of
your application. If you are unsure of which activities are awarded or feel a minor
change in the scope of your funded activities might better benefit your department, please
contact the program office for assistance.
Examples of Minor Modifications: You were awarded in the Marketing activity, and
were funded to have recruitment brochures and signs made; however, in implementing
this activity you realize that purchasing computer equipment and/or software to help
create signs and brochures would be more cost effective and allow you greater flexibility
in producing these materials. Or perhaps you were awarded in the "Reimbursement for
Attending Required Training" activity, but you find fuel reimbursement to be a greater
need for your membership than the awarded lodging reimbursement. Just remember that
any such changes to your grant activities (the grant's scope of work) must be approved
through the grant amendment request process.
A Note About System -Generated Emails
You should check your grant's e-mail center periodically. Under certain circumstances,
e.g., upon release of requests or final approval of payments, an email generated by the E-
Grant system will be sent to your grant's Mail Center as well as to the primary contact
listed for your department. A link to a new (unread) message for your SAFER grant can
be found in the Mail column on the Status page. (This is the page that opens once you
have logged into the E-Grant system.) Once the message has been read by you or any of
the other grant contacts from your department, it is automatically saved in the grant's
Mail Center. The Mail Center can be accessed from the menu bar near the top of the
Status screen.
Some grantees have noticed that emails sent from the E-Grant system are blocked. To
prevent this you can update your computer's browser security settings to receive email
from EOPS&dhs.gov.
Thank you for taking the time to review this information. We wish you great success in
achieving your SAFER goals.
3
What are the requirements for the matching funds in the Hiring Firefighters Activity?
Recipients of grants in the Hiring of Firefighters Activity must commit to a 5-year period of
performance during which the Federal contribution toward the costs of the salaries will diminish
over the course of the performance period. No Federal funds will be provided in Year Five.
Therefore, each applicant must certify that its governing body has been informed of its intention to
submit a SAFER grant application that the local governing body acknowledges the commitment
under the grant, and that appropriate financial support will be secured for the applicant's cost -
sharing obligations.
TOP
What type of firefighter positions will be funded?
Only full-time firefighter positions will be funded. Full-time positions are those that are funded for
at least 2,080 hours per year (i.e., 40 hours per week, 52 weeks per year.) The Grant Program
recognizes that many fire departments have shifts beyond this typical 40-hour work week. The
Grant Program will consider funding job -share positions if there is sufficient justification.
TOP
What is a job -share position?
A job -share position is a full-time position that is occupied by more than one person. The number
of employees who may share a job -share position will be limited to four (4).
TOP
How does the Federal share and applicant matching share for the Hiring Firefighters
Activity work?
Recipients of grants in the Hiring of Firefighters Activity must commit to a 5-year period of
performance during which the Federal contribution toward the costs of the salaries will diminish
over the course of the performance period, with all costs borne by the grantee in Year Five.
Based on a total funding cap of $108,380 per position over 5 years, the maximum annual Federal
share of funds that grantees can receive under SAFER for salary and benefits for newly hired
firefighters will not exceed the lesser of the following:
Grant Year
Federal Share Per Firefighter Position
Year One
90 percent of the actual costs or $39,015, whichever is less
Year Two
80 percent of the actual costs or $34,675, whichever is less
Year Three
50 percent of the actual costs or $21,670, whichever is less
Year Four
30 percent of the actual costs or $13,020, whichever is less
Year Five
No Federal share
May I apply for more than one firefighter position, with different salaries and benefits for
each?
A department that is eligible for the Hiring of Firefighters Activity may apply for multiple entry-level
positions that have the same salary or have varying salaries and benefits. To make such a
request, click "Add Budget Item" in the "Request Details" section of the online application.
Complete the information required, and click "Save and Continue." Repeat the "Add Budget Item"
steps until you have added all the positions you wish to request.
TOD
If I apply for both SAFER Program activities -Hiring of Firefighters and Recruitment and
Retention of Volunteer Firefighters -do I have to write two narrative statements?
No. You have a choice of dividing your narrative into two separate parts and addressing each
activity or combining your requests into one narrative statement.
If you choose to combine your requests into one narrative, you may discuss the four items
(shown below) required for both the Hiring of Firefighters Activity and the Recruitment and
Retention of Volunteer Firefighters Activity.
1. A statement that describes why the applicant needs the grant funds, i.e., how the recruitment
of new firefighters and retention of current firefighters will be used within the department and a
description of the specific benefit these firefighters will be to the fire department and community.
This statement should include specifics about the recruitment and/or retention plan and what
specific benefit the efforts would provide to the community.
2. A statement regarding how the community and current firefighters are at risk without the
needed firefighters, and to what extent that risk will be reduced if the applicant is awarded.
3. An explanation of the applicant's inability to address the need without Federal assistance.
4. A statement relating to how the applicant will ensure, to the extent possible, that it will seek,
recruit, and hire members of racial and ethnic minority groups and women to increase their ranks
within the department.
There are two additional items (shown below) that also must be discussed in the Hiring
Firefighters activity.
A statement regarding how the applicant plans to meet the match requirements for the 5
years required under the grant award. This statement should include any long-term plans
to retain the new firefighter positions.
A statement regarding how the applicant plans to meet the requirement to ensure that
firefighter positions filled under the SAFER grants are not discriminated against for, or
prohibited from, engaging in volunteer activities in another jurisdiction during off -duty
hours.
You may choose to discuss the four items for both activities in the early portion of your
presentation and add the two additional items for the Hiring Firefighters activity at the end of your
narrative. Remember, you are limited to six pages for your narrative. It is recommended that you
type your narrative offline in a word processing document and paste it into the space provided.
Please check it to make sure all your text is shown in the six pages provided.
TOD
If I receive a SAFER award, how much time do I have to hire the firefighters?
The SAFER grant performance period does not start until 90 days after the award has been
approved. This delay provides grantees with an opportunity to recruit new firefighters. Not all
grantees will need the full 90 days, and some may need more. Grantees that can recruit and hire
a firefighter before the start of the performance period are responsible for paying 100% of
incurred salary and benefits for that time, but may be afforded credit toward the final 12 months of
the grant performance period, when the grantee must fund the entire salary. The period of
performance will commence whether or not the grantee has filled the new firefighter positions.
Grantees that take more than 90 days will be losing an opportunity to receive Federal cost share.
TOP
If I am awarded new firefighter positions and can hire them before the end of the 90-day
recruitment period, at my own cost, will I receive credit for that period of time?
Yes. If you are able to hire the new firefighters before the end of the 90-day recruitment period,
an equal time period will be subtracted from the last (fifth) year of the period of performance when
grantees must absorb the entire cost of the new positions. The grantee must request through the
Grant Amendment process that consideration be given for pre -period of performance credit in
order to receive the credit.
TOP
Can I submit a payment request for pre -award expenditures?
No, pre -award expenditures are not allowable in the Hiring of Firefighters Activity. Thus,
firefighters hired prior to award are not eligible for SAFER funding.
TOP
Can fire departments request that current volunteer members be converted to career
positions?
Yes, but those volunteer and combination fire department applicants in the Hiring Firefighters
Activity who will increase the total number of active firefighters through hiring personnel from
outside the organization will receive higher consideration than those who recruit from within the
organization without increasing the total number of members.
TOP
What kind of documentation must be provided under the new training requirement in
SAFER?
You should be prepared to provide copies of training certificates indicating that the newly hired
firefighters are certified to the Firefighter I and Firefighter II levels (NFPA 1001 or equivalent), if
requested by the program office.
TOP