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07.22.2008 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, July 22, 2008 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. EXECUTIVE SESSION 4. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit: Section 551.087 to deliberate regarding economic development negotiations regarding the Prosper West project. 5. Reconvene into Regular Session and take any action necessary as a result of the Closed Session. 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 NnN UTES a. Consider and act upon minutes from the following Council meetings. (MID) • July 8, 2008 — Town Council Meeting • July 15, 2008 — Special Town Council Meeting • July 15, 2008 — Work Session • July 17, 2008 — Work Session ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon an ordinance for the voluntary annexation of approximately 101.572 acres of land being more generally located west of Gee Road and North of HWY 380. (MOD) 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) ANNEXATION PETITIONS d. Consider and act to accept a petition presented by Charles Winikates to set dates for two public hearings and call for a service plan for the voluntary annexation of approximately 11.295 acres of land generally located west of Coleman Street and +1750' south of Prosper Trail. (MD) Page 1 of 3 FINANCIALS e. Consider and act upon the financial statements ending June 30, 2008. (MG) f. Consider and act upon the Town's quarterly investment report for the Quarter ending June 30, 2008. (RB) 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.) PUBLIC HEARINGS 8. A public hearing to consider and act upon a request to rezone 0.3f acre, located on the north side of First Street, 100f feet west of Field Street, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z08- 11). (CC) DEPARTMENT ITEMS 9. Atmos presentation regarding service to the Town of Prosper. 10. Consider and act upon 1) an Interlocal Development Agreement regarding the reimbursement of various construction costs to the Prosper Independent School District for the development of Prosper High School and 2) adopt a resolution authorizing the Town Manager to execute the same. (HW) 11. Consider and act upon a preliminary site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building on a 73.8f acre tract, located north of the existing Prosper Middle School, south of the existing agriculture building. The property is zoned Single Family- 15. (1308-8). (CC) 12. Consider and act upon a site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building on a 73.8f acre tract, located north of the existing Prosper Middle School, south of the existing agriculture building. The property is zoned Single Family-15. (D08-18). (CC) 13. Consider and act upon 1) entering into a Participation Agreement with Oncor Cities Standing Steering Committee and 2) a resolution authorizing the Town Manager to execute the same. (MG) 14. Consider and act upon a resolution suspending the August 8, 2008, effective date of Oncor Electric Delivery Company requested rate change to permit the city time to study the request and to establish reasonable rates; approving cooperation with Oncor Cities Steering Committee to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals. (MG) 15. Consider and act upon recommendations regarding the location of the future Prosper Post Office. (ML) 16. Discuss and update the Town Council on the design revisions to the Highland Meadows Drainage Project. (HW) Page 2 of 3 17. Consider and act upon bid proposal for the US 380 / Coit Road Right Turn Lane and take any action necessary. (HW) 18. Consider and act upon a resolution authorizing individuals named in the resolution to endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with the Financial Institution named in the resolution and exercise all of the powers listed in the resolution. (MG) 19. Consider and act upon 1) a User Agreement with the Prosper Area Soccer Association, regarding the use of Folsom Park for organized practices; and 2) adopt a resolution authorizing the Town Manager to execute the same. (WI) 20. Town Manager Comments. 21. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 22. 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 Nojj�. y osted by the following date and time: Friday, July 18, 2008 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was OF PAsA�0 ��/ .yab, ° � s • p hew D. Denton, TRMC 60 °o Date Noticed Removed Town Secretary pis °°°°,°°Y•°�°C°°°®� In addition to any specifically identified Executive Sessions, Council mayAi� r4n9XA fi qAX0`on under Section 551 of the Texas Government Code at any point during the open meeting to discuss any item posted on this agenda. Tlf�(i '910V 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 6:07 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, July 8, 2008 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro. Kenneth Dugger, Dave Turley, David Vestal, Meigs Miller, and Danny. Staff present included: Mike Land, Town Manager; Hulon Hardin, Senior Planner; Kirk McFarlin, Police Chief; and Matti. Invocation and Pledge of Allegiance. The Invocation was given by Pastor David Vestal, Lighthouse Mayor Niswanger led the Pledge of Allegiance. CONSENT AGENDA Consent Agenda and Craig Road, Council meetings. (MD) Mayor Pro-Tem Services; Wade ice rezoning 202.6f acres, located on the northwest corner of U.S. 380 Family-15 (SF-15) to Planned Development -Mixed Use (PD-M). (Z07- nce rezoning 1.6t acres, located on the southwest corner of First Street Single Family (DTSF) to Downtown Office (DTO). (Z08-8). (CC) Consider and act upoirl) an Interlocal Agreement between the Town of Prosper and the Collin County Sheriffs Office to provide Law Enforcement services for special crimes where the victim is less than 17 years of age and 2) authorizing the Town Manager to execute the agreement. Motioned by Mayor Pro-Tem Smith, seconded by Councilmember Turley to approve the consent agenda subject to staff recommendations. Motion approved 7-0. Page 1 of 3 CITIZEN'S COMMENTS 5. Other Comments by the Public. REGULAR AGENDA DEPARTMENT ITEMS 6. Folsom Park update and discussion concerning park improvements. (WH) Wade Hardin, Senior Planner, gave council background information on this item. n x Mike McClung, 1400 Cedar Springs Dr., represented the Lakes of La Cima HOW,'and spoke in favor of limiting the use of the park as a practice field.£.<,,;yy.,,��.. Marcy Couturier, 871 White River Dr., spoke in favor of limiting the, use ofwthe park Vaasa practice field. 7. Discuss and act upon a reimbursement request by .St ne Creek Homeowne' sociation and Jobe Properties. (M}^ v Richard Cowans spoke on behalf of the Stone Creek Phil Jobe spoke on behalf of Jobe Properties. Mike Wadsworth addressed council regarding the Motioned by Councilmember Turley, seconded by 1 22, 2008 Town Council meeting. Motion approved 7-0. ,r• ,>t �.ti �;,h � 8. Discuss Council meeting time and agenda Town Tem Dugger to table the item until the July ing Executive Sessions. (TC) Councilmember Turley asked%lie.\counciffto consider moving"'M Executive Session to the beginning of the Town gr"`<,..�, �yc' x<.a: ' : tss::a ,v..-.......::.<c�s Council meetin s. t•,�� Council direct6d`staff?to�m�o��e the )✓xecutive Session portion of the meeting to the beginning of the meeting for V&��. future agendas. ��,.. 9. Recess °into,Closed Sessionin compliance with Section 551.001 et. seq. Texas Government Code, to wit:a £ a. Section 351.07FL Consultation with the Town's Attorney regarding a matter (s) in which the i"'T duty of th %&vn Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act related to the acquisition of retail water facilities from Danville Water Supply Corporation. Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to recess into closed session. Motion approved 7-0. Council recessed into closed session at 7:07 p.m. Page 2 of 3 10. Reconvene into Regular Session and take any action necessary as a result of the Closed Session. Motioned by Councilmember Turley, seconded by Mayor Pro-Tem Smith to reconvene back into regular session. Motion approved 7-0. Council reconvened back in to regular session at 7:31 p.m. Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Mayor Pro-Tem Smith to authorize the Town Manger to continue to negotiate and reach an agreement with Danville Water Supply for their service. Motion approved 7-0. Idh.. 11. Town Manager's Comments. rkr'i •��A,��hr 12. Possibly direct Town Staff to schedule topic(s) for discussion at a.4future m�ie0ing 13. Adjourn. Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Cou c lmember Turley to adj Motion approved 7-0. OA The meeting was adjourned at 7:32 p.m. b Matthew D. Denton, TRMC Town Secretary iswanger, Mayor Page 3 of 3 PISPER OWN OF Call to Order / Roll Call. The meeting was called to order at 6:07 p.m. Roll call was taken by the Town Secretary. MINUTES Special Called Meeting of the Prosper Town Council Prosper Fire Station 1500 E. First Street, Prosper, Texas Tuesday, July 15, 2008 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro- em Ray'Smith, Deputy Mayor Pro- Tem Kenneth Dugger, Dave Turley, David Vestal Mei s MiIler, and Dann Wilson{�fi gg Y, g � Y ti�h��, N� "� r Staff present included: Mike Land, Town Manager;0�; ulonn Webb;, Director of Develop pmen`t Services; Kirk McFarlin, Police Chief; Ronnie Tucker, Fire Chief; and:Natthew�,,tDenton, Town Secretary. 151 2. Consider and act upon a preliminary site plan of thelProsper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building on a 73.8f acre tract, located north of the existing Prosper Middle School, south of thOexA sting. agriculture building. The property is zoned Single Famil -15.'( 8-8. r0`r Hulon Webb gave council background informationon thisr`item.,i; �} Chuck Stuber, PISD Drew Watkins, PISD Paul Fi Middle Tom Blanev, Parks and Dan Tolleson, ISD Board Motioned by Deputy the July 22, 2008 Tov Motion approved 7-0. for council. ion to the bus yard being located at the Prosper nber, asked questions regarding the project. answered questions for council. "Tem Dugger, seconded by Councilmember Turley to table the item until Meeting. 3. Consider and act upon a site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building on a 73.8f acre tract, located north of the existing Prosper Middle School, south of the existing agriculture building. The property is zoned Single Family-15. (D08-18). Motioned by Councilmember Turley, seconded by Deputy Mayor Pro-Tem Dugger to table the item until the July 22, 2008 Town Council Meeting. Motion approved 7-0. Page 1 of 2 4. Adjourn Motioned by Councilmember Turley, seconded by Deputy Mayor Pro-Tem Dugger to adjourn. Motion approved 7-0. The meeting was adjourned at 8:00 p.m. Attest: Mat Tom Page 2 of 2 IMINUTES T Budget Work Session of the Prosper Town Council Prosper Fire Station OWN OF 1500 E. First Street, Prosper, TexasSP E Tuesday, July 15, 2008 immediately following the 6:00 p.m. Special l Called Town Council Meeting 1. Call to Order / Roll Call. The meeting was called to order at 8:07 p.m. Roll call was taken by the Town Secretary. Council present included: Mayor Charles Niswanger, Mayor ;Pro-Tem Ray Smith, Deputy Mayor Pro - Tern Kenneth Dugger, Dave Turley, David Vestal, Meigs Miller' aiid Danny Wilson ; kt Staff present included: Mike Land, Town Manager-gkkt McFarlih, Police Chief; Ronnie Fucker, Fire Chief; and Matthew Denton, Town Secretary. 1•t: 5 2. Discuss the Town's FY 2008-2009 proposed budget. p Mike Land, Town Manager, gave a presenon o the proposed budget for the Fire Department and Police Department.;�,� Kirk McFarlin, Police Chief, answered questions Ronnie Tucker, Fire 3. Adjourn Mot. Mot. The Atte Matthew D. Denton, TRMC Town Secretary for ber Wilson to adjourn. Charles Niswanger, Mayor Page 1 of 1 I TOWN OF S PER 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 Budget Work Session of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Thursday, July 17, 2008 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor'Pr Tern Kenneth Dugger, Dave Turley, David Vestal, and Danny Wilson. Deputy Mayor Pro - Staff present included: Mike Land, Town Manager;,cffi,1 Webb;�Director of Deve o ment Services; Chris Copple, Senior Planner; Wayne Snell, Building Offic-1; Frank Tar�omin, Director of Public Works; and Matthew Denton, Town Secretary. 2. Discuss the Town's FY 2008-2009 pro osed budget. Mike Land, Town Manager gave a presentation oM�the� proposed budget for the Development Services -. Department and the Public Works Department. ��p� >.,�., D,{y}•Q,. �,,,. J Wayne Snell, Building Official,',Msw�ered questions or council. � Hulon Webb, Frank Jaromin Director of Public Wlc 3. Adjou n V Motio a ;; by Deputy Mayor'Po-Tem Motion appr o� d 6-0. The meeting QB9,%djourned at 7:58 p.m. Attest: Matthew D. Denton, TRMC Town Secretary questions for council. for council. , seconded by Mayor Pro-Tem Smith to adjourn. Charles Niswanger, Mayor Page 1 of 1 ;IOSPER WN OF p To: Mayor and Town Council From: Matthew D. Denton, Town Secretary CC: Mike Land, Town Manager ADMINISTRATION Regular Meeting Prosper Town Council July 22, 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. Two public hearings regarding the proposed annexation were conducted by Council at their June 10, 2008 and June 24, 2008 meetings. Following is an ordinance to annex the property. Recommendation: Staff recommends approval of the ordinance to annex the property. Agenda Item No. 6b - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO.08-xxx AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE JAMISON SURVEY, ABSTRACT NO. 672, AND THE P. BARNS SURVEY, ABSTRACT NUMBER 79, AND THE MEP RAILROAD SURVEY, ABSTRACT NUMBER 1476, DENTON COUNTY, TEXAS, CONTAINING APPROXIMATELY 101.572 ACRES OF LAND, AND BEING MORE GENERALLY LOCATED WEST OF GEE ROAD AND NORTH OF HWY 380 MORE OR LESS IN DENTON COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE -DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town of Prosper ("Prosper") received a request from N.W. 380 & 423 L.P., to annex a tract of land containing approximately 101.572 acres of land, more or less; and WHEREAS, the Town Council of the Prosper ("Town Council") under the authority of Section 43.001, et seq. Local Government Code, investigated and determined that it would be advantageous and beneficial to Prosper and its inhabitants to annex the below -described property ("Property") to Prosper; and WHEREAS, the Town Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government Code; and WHEREAS, the Town Council finds that the Property the subject of this Ordinance is within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the existing town limits of Prosper; and WHEREAS, the Town Council finds that the field notes close the boundaries of the Property being annexed; and WEHREAS, the Town Council finds that the Property the subject of this Ordinance is one-half (1/2) mile or less in width; and WHEREAS, the Town Council finds that the Property the subject of this Ordinance is vacant and without residents or fewer than three (3) qualified voters reside thereon; and WHEREAS, the Town Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and Page 1 WHEREAS, the Town Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the Town Council finds it has completed the annexation process within ninety (90) days after the Town Council instituted annexation proceedings; and WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was prepared in compliance with law and was available for review and inspection by citizens; and WHEREAS, the Town Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findin sg Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Annexed. The Property described in the attached Exhibit "A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Prosper. SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit `B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. That from and after the passage of this Ordinance, the Property shall be a part of Prosper, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Prosper and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the laws of the State of Texas. SECTION 5: Official Map and Boundaries Amended. That the official map and boundaries of Prosper are hereby amended to include the property as part of Prosper and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 6: Unlawful Use. It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto; and it shall be unlawful for any person, firm Page 2 or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto. SECTION 7: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 9: Effective Date. This Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THIS 22°d DAY OF JULY, 2008. ATTESTED TO AND CORRECTLY RECORDED BY: MATTHEW D. DENTON, TRMC TOWN SECRETARY CHARLES NISWANGER, MAYOR Page 3 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 22, 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 I. 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 I. 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. I ) L- 8 � \\ iR / � � E A n C7. 0 rn O O O O i O 0CD 0 •� �� ' / EE 45 ) ) i All F.M.423 i • Gee Ro d 6 rt E•Irr O. aw lud [ i i t i::i•• is i• i=F i-• i �s H :F if .-e:: s i ' ci: sF �Y'r ::r:s ! •F e f of ini a Lr 5=�E+� 5 F Ys? { 1 '{c }s{i•• , .P I`acm is-'xs f'4• t' t5 '-';C'- as P'cri r c i i rrE; o f s:. :i- i s ifiiie • f' : ms t:1 c:e e o {ai : E : {s - E .ef : it pp H s's .s rf_ :: t s'i is c z rs cx fc:ss i o O F 3._. _ i f{:: :s e r c•c•c a :: t F. t 4S 9 4 3 b i:y x: j �• = r: •i: _ {• _ .tx;,x •f: 'ii,"r tit o xi^ -:° • - t:es s i- it{ ' :ie = :i c ;Yie. ' :.....: c: TLt7l x_ az i ::J fey s ._e s is `.z s L= EE f:?s ° 5{ lama p-E=sE 1 rE3EEESE'c s o 4 g 3 to O ... rji qr y NO -..- _. t.. t• ;.: d. L_.: S. S. Mai* ._f-f L = t S G :_ 9 =l: -- if `'. .tij i:fi: € rn yi?ei s . r 3 �� Z e p : .: ::: i:. [ .[ :r :r t et • r.: i Et te. 4 Z iit it i:_ i i re Ur •g •'C o > 2 r7 Ly 's c= i.s _ _ Fit iflr g � � � > c� [1] G) - - i -_sek s:: : °t� _r_ e_ i.- i' —i_ = ?: =-t'si!:• E._ �:= ftf!ii t:i:ii{ A Z `.•s °e � :'• :• s s:t a ;: { ?• �• �::..: 8 0 :� :t x: _ -.•r � y �t is gt t i t __;_ t { :,ij: g a ai tr E E [ its r :E? is it Nii E cam• i i L•" ri; �� :� - i a �i i = t- .: :: tc _ i.• � _•? ji. i s. :: =s- e fE . ci :_5 ivy _ is f •i' PLANNING p T SPER 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 — July 22, 2008 Date: July 17, 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 Agenda Item: Attached are the site plans and preliminary site plans acted on by the Planning & Zoning Commission at their July 15, 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. Revised preliminary site plan of Prestonwood Addition, approved 6-0 by the Planning & Zoning Commission. 2. Revised site plan of Prestonwood Addition, Block A, Lot 1, 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 ADMINISTRATION p TOWN S PER. To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Mike Land, Town Administrator Regular Meeting Prosper Town Council July 22, 2008 - 6:00 p.m. Re: Annexation of approximately 11.295 acres of land generally located west of Coleman Street and +1750' south of Prosper Trail. Description: Charles J. Winikates has submitted a petition for the voluntary annexation of approximately 11.295 acres of land generally located west of Coleman Street and +1750' south of Prosper Trail. Staff will prepare a service plan and schedule the two public hearings to receive input on the annexation of the property. The hearings are tentatively scheduled for August 12, 2008 and August 26, 2008. Recommendation: Staff recommends that Council accept the petition for annexation. Agenda Item No. 6d - Page 1 of 1 2 \ ti |' - -- -- 12 � I 6 I I $ I | d | � | I i I � I I - • l T:7 , ' | T 1 R. � � go \ R I | f §; 0 0 ■! a /§ ; ! | > J ■ k | |� � � ) I , . , | z 0 ` ti 4 ) / | . , ®-|SJ ACRE .WImKATEsTRAC PROSPER,T�S p ! a r s ||| || | _. _ _ _,_. ANNEXATION EXHIBIT PliROWN OF Regular Meeting SPEProsper Town Council July 22, 2008 6:00 p.m. To: Mayor, Town Council and Town Manager From: Matthew Garrett, Finance Director Re: June 2008 Financial Reports The Financial Report of the Town of Prosper for the month of June 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. Property tax collected as of June 30, 2008 totals 101.76 % of total levied for the current fiscal year before adjustments. Total delinquent taxes remaining to be collected for the years 1991 through 2006 is $17,454.76. Total cash in the bank at the Town's local bank for all funds is $1,863,014; the government pools, TexPool and TexStar, have a total of $22.9 million for all funds. The total cash for restricted funds is $15.5 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. Total sales tax received in June included a onetime audit payment of $303,030 and totaled $425,929. This will tremendously help to offset the otherwise expected shortfall. The actual sales tax portion of the June allocation was $122,899, which represents a 5.4% decrease from that of last June. 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. IOSPER WN OF June,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 SPER FINANCIAL SUMMARY Financial Overview CASH OVERVIEW SUMMARY SUMMARY BY FUND COMBINED REVENUE & EXPENDITURE SUMMARY R M_ co J O Q N h Oact rl.: N rI.: F M M N co R m Vo sn w o WIccoco co cm M 0 O 3 L n LL Q M M CC co m rn O d� w rn a V N M w O 0 E �I N O N EMD LL N m O M co co o co 0 « O rl- N p E yl o co of LU v5 v_ Lq R U o a Z O w " o W U) N > O W NM M OW a`o v v _ _ A to N N Q' (•i O CO c0 ci p Lq C CDI 0 a 0 OMi C.m M M 2 U a LL O v Z a c W am U o Go WI m M N. CIA h C M R R � M r LL 3 M a cq M M 10, j A M co O co I o M co 1W1 C 7 3 0 0) M N ; �I N � er 0 U U ca Q Q ' J a_ en a en C)I� i ..... ... ......... .... ... ....... ......... ........ . .. ..... ....... ............ ......... ...... . ......... . .... ........... ... n. .... . .. . ............. ........... . ........... .......... ... .... ... .......... . 14 .0 wt C,; It 14 Ir: ......... .. .... ...... m.:.CN ... ...... al ... NO I M," ........... ... . .... . . ..... . 51 JR OR 41 41 o a t4 o aw A: me I V M lo. w �'1 O a a a M O O 0 O a .� 0 M O .i M 7 N y� A m O u NI O m 7 rl a M 0 Y A M A O� O 0 7 k f �.J -,. .� ilXl in �'. .. r> . .........:::. a GF+ f F .. v: F% ;+ ' �•;s{; r.:n ;r';?i?�+ ''�-v.-,�"%!:Fj'� is\\\-• _- 1•?1.� pyxi CF'.-�a@ �� -=: ti. "•F;s}+ i--a - \o-::. 9 .-; j:. �:k•'t; � An VMS Xg F�•;.?;. \ .3 > y • j-' ,j^��y •?F F 9.y1 Y..I+� -aY `a ;; •\. '•� f' .CY/%/ ;,'. ENE" -ham. .�j++i' lJ i✓ %'F;. '�'inl: ., +;:,'i+,'+'Y+ t ' • - >+'Yv '!�!+ loop lip {-i. / . J •.� 11K oil 1./. < ;' ��,�•, gtp SO<: U !If A vl 1C e V N M P ••+• i:?i'->•"Z'=:( 211_,,>•-'�S\'1 \ ,;:;ice' •+'+\; ;" } E;'" m�.'•-.a xxx -Al 5 tl O P�:. ,•:;?;•,••;:;:: >: '$;:y -^,CcS %'¢+s!n•:�?'�+t+•• F`'2.`r,�`�''y'i` '+i'.i,:.`•,`��"•,:jr: �'ga.:% ��1.•: w ir.--n, �`�:?��`.��`C:y'�c t� 7�� ✓ ��F =-�-` `;`•,�'•�.' ..,J/.j�' �� _/ �C,` ado-= �� :�� ; �'��% a.:•`.✓ :�." \ is-;-�: ..y,•f; • YF--. a: ?.=-�"-----`- :;r,,;:.{.--.. •-,:; F :�• _ REX r, M. IN t u;. id (j >��,,; �<;. `��:> •?:; ;,;—nags.+�,� '•. "-<.'; ems-`;. N O FOB w U `•'�''' �/• .%O.: •..uu...".�.v �:j�i'i:;..: t• C `Yijy :.;........ .::- a0 11�� pp pp p 10 y pp q �..�':-:Y=:=:!-1�-� :k"�C vim``•`•?:C IR = A O M O O O A M 00 h it AI p F F F ll a b a Yp m MN* 4 N• V. 4 h F W 10 rt �4 /F 1I�01/ ! T Si h t P CE Al rl ! M T N:. e�•1. ndi �: o�i �: prof v t+ ' : 0 4a :ui. v.. 1 S o g o o' o aq o G 0 rPtY V 1 ' v tAV h 1�4 tV OI N N N �• MIN Sm v yr n o I. A C !? of n ' yr N ! a 14 0 o q o o V .!•� v a a V Aa N h M !• m M O A6 a®Q®~ PIsq{ O O 1ytl� O M gOp :!q1 rl . .. .. . i .. . - .. . .... ... .... Am * r, M. : 14 v 0 44 C4 C4 m ft m C; V 1: - - - - 10 bow ONW 4) V. .1 14 v 0 H Im 14 .... .. .... 9 rt 1�11 "I P 0). a to 9 9 ::::::: ........... ........ ..... ID 14. ID 11 17 0 W! X 6*4 Z S 00 0 0 0 OR 14 m 0 QK a,. 4D w a Ift. o4 10 SO 10 g -M 14 ...... ..... oo 10 H Ab u .... . .. ..... NO O h m n n; C: . in ko kb C9 Ak O Y .......%P, :}. yF W .-pirbl {!1:R: ..............'''..:'. • ^:; A N C� N eT{ �p 'iu?;i 1V 1f :. 0i;'• m 0 �O PI M' h ,ram '%iy o j'•1 i }', '. ;:.: -------------- h n N ifl V •Fr l�ii a ,^„ i 'c�', ``i 'd`kS�.;•`;c:; `,'. M qq ;. . rl M p .1 +4 ad e m A F N n L' dt: m o , �� ;�• Vi u aP yyt�Y1l At in 1�1.1� 1/7� of V wl L00071111 m'"". •F.,;: ;......... i1 m i1 iq m AI W n V F W i7 � Q� � rye{ p m �;;>.:;�pm;:• :�:;,. W 01 F' � 1f1 :O m '0 ::�:�:;.11: �: .. O�Y � ":•:'i•��_R_ �"� N. 14 In o e. o Q €i '0 0 o e'•t: O a%4+��`-' i7 O Q !7 �YpI it �n T V. R m � }7`r" )`> Q;:,•: o pS;�,,,'' +'t N V C W O U1 Q n .+ ri wi fir' a ii An m u m '�• �� ` cl <•�t:;+. ::;:r';��;: -;%C�F its// : "�:!: �;;{'%•':;�=[�;;.,>�.::�. - NOM ok Lpp 5 M i��p1t •A ipqi K H aGlq�pp Y #f / d i m D f i In D i} W !( � Pi 1-%k W Ik /N m FP 0 ....... .. .. ..... ....... . . .... . ....... .............. AA n m 4A Or . . .. . . . ..... . . . . ..... 0 0 4 V w W. . ........... . ........... ... ........... ..... IRA, 1 0 C! 0 Ct . ........... .......... 02 ............... ...... ............ a A J J loot IH Im 7 «� y • § E k § K 2 k§� . § - . 2 \ §: \\ . x «: = « . . ! / \ \ § k ! ® § . P riOWN OF S PER. FINANCIAL SUMMARY CASH BALANCES & GRAPHS BANK BALANCES TEXPOOL / TEXSTAR BALANCE TEXPOOL / TEXSTAR FUND DISTRIBUTION 3 w J_ U z 0 U w wLU _ � o � o N 0w xz CO) a� U x z 0 2 LL 0 0 z w 0 0 0 0 0 0 0 0 0 0 00 l0 LM d M N ei ey iA to 4/► Ln V? N V? to i/? spuesnOU 0 W J V Z O U W 3 _W > go w OO LU N 0U = Z U) Q � L) 2 Z O 2 LL R Z W 1� I Q C� � M � O) J O N OCD CN CD f.. O) M 0) CD 0) It O M Cn CO G v C`DO CD W CD CD O) 3I LQ LL O O W v U) r CO CO M O CO co G « CO f ` N E wl CD CN co C) 0i N + v_ LO � A �a 0 A O N yv W rn LO T t` C o ILto C. m v V o N cc LO It O C u CND• CL o 0.10 V o Q v CL o CLm U O LO CN n C!!NI O C O) O) r- v 7 33 M m co iOD c o W t` O O CD C 7I M CN LL W Lo N (; g g m m J O � Q J = d c H � Q ti 6�1 N m CD U C C CO w LL w m U c 0 .9 c 0 v LL C O C9 c 0 N U O a v LL •c U U) a Cca 0 n LL U cm V y C O C C y U w 0 w � C � 0 U d v W � 7 y 0 �p U U y m N � � y O � y U G7 y Cw~ rn LL c 'C o y -COO N N r co Ecu c CO !n O Z « « p riOWN OF SPER FINANCIAL SUMMARY PROPERTY TAX REPORT & GRAPH PROPERTY TAX REPORT THREE (3) YEAR PROPERTY TAX COMPARISON TOWN OF PROSPER PROPERTY TAX COLLECTIONS REPORT Jun-08 TAX YEAR BEGINNING BALANCE COLLECTIONS CHANGES + / . ENDING BALANCE TAXES P & 1 TOTAL 2007 4,088,818.74 4,160,902.28 42,998.93 4,203,901.21 184,490.56 112,407.02 2006 49,013.71 60,966.99 7,116.64 68,083.63 23,149.55 11,196.27 2005 7,177.41 4,308.49 1,062.48 5,370.97 0.50 2,869.42 2004 1,009.67 (15.56) 10.42 (5.14) (35.99) 989.24 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 - (3.22) 28.25 1996 28.64 - 28.64 1995 25.94 - 25.94 1994 102.12 - 102.12 1993 140.81 - 140.81 1992 284.34 - 284.34 1991 227.18 - 227.18 OTALS 4,148,422.58 4,226,162.20 51,188.471 4,277,350.67 207,601.40 129,861.78 CURRENT LEVY LEVY @ 10/01/07 : 4,088,818.74 ADJUSTMENTS 184,490.56 TOTAL LEVY @ 06/30/08 4,273,309.30 COLLECTED TO DATE 4,160,902.28 UNCOLLECTED TO DATE 112,407.02 • OF LEVY COLLECTED BEF. ADJ 101.76% • OF LEVY COLLECTED INCL.. ADJ L- 97.37% I VALUATION LE PROPERTY @ 10/01/07: 786,311, HANGES TO ROLL (+/-) : 35,478, AXABLE PROPERTY @ 06/30/08 821,790, Entry changes with each months activity. LEVY @ 10/01/07 : 59,603.84 ADJUSTMENTS 23,110.84 TOTAL LEVY @ 06/30/08 82,714.68 COLLECTED TO DATE 65,259.92 UNCOLLECTED TO DATE 17,454.76 OF LEVY BE( F ADJ) COLLECTED 1 OUTSTANDING CURRENT LEVY Tax Rate Levy Less Collected Outstanding Operations (63%) 0.275075% 2,260,539.53 2,201,077.80 59,461.73 DebtService(47%) 0.244925% 2,012,769.77 1,959,824.48 52,945.29 0.520000% 4,273,309.30 4,160,902.28 112.407.0211 PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON FOR PEAK COLLECTION MONTHS $1,750 $1,500 $1,250 C w $1,000 -1 L - - -- rt- , t $750 $500 $250 - - - --- -- T -- �. Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON PERCENT OF TOTAL DUE (Before Adjustments) COLLECTED 120% p 100% N y 80% O V 60% C " N 40% 2 N 0% Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept % of Total = �;:. ,:--5 X, .;.. . - % of Total % of Total Month FY 05/06 Taxes Due IFY06107};:: Taxes Due _ FY 07108 +Taxes Due ✓ Oct $ 1,187.18 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% $ 1,258,105.15 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% $ 106,398.32 2.56% June $ 26,630.43 1.60% $ 35,827.45 1.25% $ 80,432.36 1.94% 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 % $ 4,277,345.75 103.11 % Collected YTD includes delinquent collections $ 1,668,772.29 $ 2,864,424.61 $ 4,148,422.58 Total taxes due includes delinquent before adjustments p riOWN OF SPER FINANCIAL SUMMARY SALES TAX & GRAPHS TOTAL SALES TAX COLLECTED PROSPER SALES TAX ALLOCATION PEDC SALES TAX ALLOCATION $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 O& 04 peg 112c Town Share Month FY 05/06 FYO 1 7 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 $ 146,262.04 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 YTD Totals $ 2,008,687.85 $1,606,586.23 **One time State Comptroller audit payment THREE YEAR (3) COMPARISON TOTAL COLLECTIONS -SALES TAX TOWN OF PROSPER, TEXAS ■ FY 05-06 ■ FY 06-07 ■ FY 07-08 rrent Year awn Share $ 124,885.22 $ $ 106,473.48 $ $ 105,454.73 $ $ 108,657.68 $ $ 109,286.86 $ $ 101,721.88 $ $ 112,706.99 $ $ 117,497.93 $ ** $ 425,928.82 $ $ Amount % of Change Inc / Dec Inc/Dec) (41,827,41) -25.09% (35,223.73) -24.86% (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% (79,295.20) -40.29% 296,009.53 227.84% $ 1,312,613.59 $ 74,386.13 6.01% THREE YEAR (3) COMPARISON TOWN OF PROSPER SHARE OF SALES TAX PROSPER, TEXAS $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 Town Share own ar$ Month FY 05106 i`Y D6lEi7 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 $ 89,271.23 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 $ 89,759.63 Sept $ 115,661.39 $ 91,605.67 YTD Totals $ 1,506,515.90 $1,204,939.69 **One time State Comptroller audit payment $ 93,663.91 $ $ 79,855.10 $ $ 79,091.05 $ $ 81,493.26 $ $ 81,965.14 $ $ 76,291.41 $ $ 84,530.24 $ $ 88,123.45 $ ** $ 319,446.62 $ $ Amount % of Change Inc / Dec Inc /(Dec) (31,370.56) -25.09% (26,417.81) -24.86% (7,922.53) -9.10% (28,203.27) -25.71 % (7,306.09) -8.18% (17,405.95) -18.58% 11,880.03 16.35% (59,471.40) -40.29% 222,007.15 227.84% $ 984,460.18 $ 55,789.57 6.01% $1,200,000.00 Budgeted Sales Tax June Budgeted: $ 98,280.00 for month of June, 2008 June Received: $ 319,446.62 $ (221,166.62) Increase 225.037% June variance YTD Mo'ly Budgeted: $ 924,120.00 YTD October- June, 2008 YTD Mo'ly Received: $ 984,460.18 $ (60,340.18) Increase 6.529% YTD variance THREE YEAR (3) COMPARISON ECONOMIC DEVELOPMENT CORP.-SALES TAX PROSPER, TEXAS $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 Oc'� �a� sec tiac �e�0 lac �Qc �a� Jae �J�J P�Q, eQw 1 � ■ FY 05-06 2 FY 06-07 ■ FY 07-08 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 $ 36,565.51 Feb $ 41,402.93 $ 29,757.08 Mar $ 35,021.28 $ 31,232.45 Apr $ 49,242.85 $ 24,216.74 May $ 45,130.76 $ 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 **One time State Comptroller audit payment $ 31,221.31 $ $ 26,618.38 $ $ 26,363.68 $ $ 27,164.42 $ $ 27,321.72 $ $ 25,430.47 $ $ 28,176.75 $ $ 29,374.48 $ ** $ 106,482.20 $ $ Amount % of Change Inc / Dec Inc /(Dec) (10,456.85) -25.09% (8,805.92) -24.86% (2,640.85) -9.10% (9,401.09) -25.71 % (2,435.36) -8.18% (5,801.98) -18.58% 3,960.01 16.35% (19,823.80) -40.29% 74,002.38 227.84% $ 328,153.41 $ 18,596.54 6.01 % $ 390,000.00 Budgeted Sales Tax p,1OWN OF SPER CAPITAL PROJECTS BOND SUMMARIES 2004 BOND 2006 BOND Pri-rOWN OF S P E RL 2004 BOND On January 13, 2004, the Town Council adopted a resolution directing that notice be published of the Council's intent to sell $10,500,000 of the Town's Combination Tax and Revenue Certificates of Obligation to fund capital expenditures of the Town. The Council's resolution specifies the following uses for the proceeds received from the sale of the Certificates of Obligation: 1. To pay costs of extending, constructing and improving Town's sewer system, including, constructing sewage lift stations, extending and upgrading sewage collection lines and force mains throughout the Town. 2. To pay costs of constructing and improving the Town's water system, including the construction of elevated and ground water storage facilities and acquiring interests in land for such storage facilities, extending the water distribution system including extending and upgrading water lines and constructing pumping stations to improve access to, and the flow of water in, the Town. 3. To pay costs of constructing and equipping municipal park improvements and acquiring interests in land for parks and open space. 4. To pay legal, fiscal, engineering and architectural fees in connection with the foregoing projects. 5. To pay costs of constructing and equipping municipal buildings, specifically: a town hall, fire stations, police facilities, court facilities and acquiring interests in land for such buildings. In connection with the Town's capital planning for these projects, the Town Staff has prepared for the Council a proposed expenditure plan, which is summarized below. The capital plan summarized below is based upon current cost estimates and proposed construction schedules, and the expenditure plan is subject to change. However, under State law, the Town may not use the proceeds of the Certificates of Obligation except for the project categories included in the resolution adopted by the Council that are listed above. The Town Council has indicated that the Town will periodically account to the citizens of the Town, using the Town web site and other means of informing the citizens, as to how the proceeds of the Certificates of Obligation are spent. The following table will be used to report expenditures. The table lists descriptions of projects and their estimated costs. In the future as expenditures are made, the table will be updated to describe the expenditures, the amount of the expenditure, and the difference between the estimated and actual costs. Difference Description of Project Date of Description of Amount between and Estimated Cost Expenditure Expenditure Expended Estimated Cost and Amount Expended Fire Station Pogue Construction $100,000.00 $ 130,248.00 $400,000 Pogue Construction $ 25,174.00 $ 105,074.00 $230,248 12/9/04 Pogue Construction $ 85,957.00 $ 19,117.00 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 Lift 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 Proj: 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 sews a north to CR 122. Danville/Prosper Water Improvements $84,000 Pro': 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 $ 8,232,130.14 Pump Station at US 380 12/16/05 Freese & Nichols $ 22,116.57 $ 8,210,013.57 between Independence 01/16/06 TXU (Easements) $ 500.00 $ 8,209,513.57 Parkway & Custer Road 01/20/06 Freese & Nichols $ 95,154.97 $ 8,114,358.60 $8 046,409 02/03/06 Freese & Nichols $ 110,250.00 $ 8,004,108.60 $8,324,747- 02/20/06 Freese & Nichols $ 11,537.24 $ 7,992,571.36 $8 443,746 03/15/06 Freese & Nichols $ 7,047.73 $ 7,985,528.63 $8,242,972 03/15/06 Freese & Nichols $ 120,015.00 $ 7,865,508.63 04/07/06 Freese & Nichols $ 74,235.00 $ 7,791,273.63 Proj: 04-04 04/07/06 Freese & Nichols $ 15,971.38 $ 7,775,302.25 05/15/06 Freese & Nichols $ 52,500.00 $ 7,722,802.25 05/15/06 Freese & Nichols $ 5,837.97 $ 7,716,964.28 07/24/06 Freese & Nichols $ 5,341.73 $ 7,711,622.55 07/24/06 Red River Const $ 183,389.06 $ 7,528,233.49 08/15/06 Red River Const $ 252,424.91 $ 7,275,808.58 08/15/06 Freese & Nichols $ 5,046.10 $ 7,270,762.48 09/30/06 Freese & Nichols $ 13,112.88 $ 7,257,649.60 09/30/06 Red River Const $ 849,635.61 $ 6,408,013.99 09/30/06 Red River Const $ 494,082.78 $ 5,913,931.21 11/19/06 Red River Const $ 594,002.29 $ 5,319,928.92 11/10/06 Freese & Nichols $ 2,196.90 $ 5,317,732.02 11/10/06 Freese & Nichols $ 5,432.71 $ 5,312,299.31 12/05/06 W.R Hodgson $ 764,091.11 $ 4,548,208.20 12/13/06 Red River Const $ 950,626.97 $ 3,597,581.23 12/13/06 Freese & Nichols $ 5,423.23 $ 3,592,158.00 12/13/06 Freese & Nichols $ 3,417.40 $ 3,588,740.60 1/05/07 W. R. Hodgson $ 199,378.94 $ 3,389,361.66 1/05/07 W. R. Hodgson $ 496,636.25 $ 2,892,725.41 1/19/07 Freese & Nichols $ 5,635.02 $ 2,887,090.39 1/19/07 Freese & Nichols $ 2,704.08 $ 2,884,383.31 1/19/07 Red River Const $ 260,195.39 $ 2,624,190.92 1/23/07 W. R. Hodgson $ 50,567.55 $ 2,573,623.37 2/12/07 Freese & Nichols $ 3,176.40 $ 2,570,443.97 2/12/07 Freese & Nichols $ 5,568.24 $ 2,564,878.73 2/12/07 Red River Const $ 282,792.75 $ 2,282,085.98 2/23/07 W. R. Hodgson $ 425,850.80 $ 1,856,235.18 2/27/07 Freese & Nichols $ 5,000.00 $ 1,851,235.18 3/13/07 W. R. Hodgson $ 253,116.72 $ 1,598,118.46 3/13/07 Red River Const $ 265, 950.24 $ 1,332,168.22 04/09/07 Freese & Nichols $ 992.49 $ 1,331,175.73 04/09/07 Freese & Nichols $ 4,972.42 $ 1,326,203.31 04/09/07 W. R. Hodgson $ 104,328.05 $ 1,221,875.26 04/09/07 Red River Const $ 620,934.67 $ 600,940.59 05/02/07 Freese & Nichols $ 3,806.38 $ 597,134.21 05/02/07 Freese & Nichols $ 6,147.40 $ 590,986.81 05/02/07 Red River Const $ 166,514.45 $ 424,472.36 06/20/07 Freese & Nichols $ 12,869.13 $ 411,603.23 06/20/07 W. R. Hodgson $ 27,113.00 $ 384,487.23 06/25/07 Home Depot $ 223.46 $ 384,266.77 07/23/07 Freese & Nichols $ 10,379.53 $ 373,887.24 07/23/07 Freese & Nichols $ 3,393.83 $ 370,493.41 07/23/07 W. R. Hodgson $ 5,320.00 $ 365,173.41 08/31/07 Red River Const $ 22,427.97 $ 342,745.44 08/31/07 Freese & Nichols $ 2,387.37 $ 340,358.07 09/30/07 Red River Const $ 77,824.02 $ 262,534.05 12/11/07 Red River Const $ 41,013.65 $ 221,520.40 01/08/08 Freese & Nichols $ 1,624.40 $ 219,896.00 01/14/08 Freese & Nichols-reimb $ (2,000.00) $ 221,896.00 01/31/08 Freese & Nichols $ 1,239.35 $ 220,656.65 01/02/08 Red River Const $ 73,945.73 $ 146,710.92 02/12/08 Freese & Nichols $ 630.51 $ 146,080.41 02/23/08 W.R. Hodgson $ 119,442.23 $ 26,638.18 02/29/08 Freese & Nichols $ 1,937.93 $ 24,700.25 04/03/08 Red River Const(final) $ 2,599.75 $ 22,100.50 04/29/08 Freese & Nichols $ 746.69 $ 21,353.81 Status: The Town entered into a contract with the North Texas Municipal Water District (NTMWD) to provide the Town with another source of surface water. The Town 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 complete and the ground storage tank, pump station, and 30" water line are in service. 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 $2,900,G99 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': 04-07 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 05/22/08 La Terra Design $ 2,622.00 $ 653,040.12 6/17/08 Fugro Construction $ 346.00 $ 652,694.12 06/11/08 Site Planning $118,922.43 $ 533,771.69 Status: Folsom Park design is being designed by La Terra Studios. Completion for the construction of the park improvements -is anticipated by the end of 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 Pro': 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 3/31/08 Interest Added ($3,908.00) $269,203.50 04/30/08 Interest Added ($3,104.54) $272,308.04 05/31/08 Interest Added ($2,957.24) $275,265.28 06/30/08 Interest Added $2745.90 $278,011.18 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 $ 890,384.72 $9,996,973.04 $ 1,393,411.68 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 $ 5,673,486.47 FY 07/08 Expense $ 412,009.55 Total Expenses $ 9,996,973.04 OFP;LTOWNSPER 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 and Estimated Cost Date of Expenditure Description of Expenditure Amount Expended Difference between Estimated Cost and Amount Expended 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 Tank and 1st 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 $6,173 099 02/15/07 Freese & Nichols $ 18,945.13 $4,363,124.36 Contract $4,407,210 02/15/07 Freese & Nichols $ 21,622.24 $4,341,502.12 Acq Land & Easement 02/27/07 Freese & Nichols $ 53,452.37 $4,288,049.75 99 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;099,099 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 1 $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 $1,937,166.76 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 Landmark Structures $ 346,465.00 $1,339,741.12 05/13/08 Landmark Structures $ 171,570.00 $1,168,171.12 05/22/08 Golden Triangle Fire $ 281.00 $1,167,890.12 05/22/08 Rescom Fire Protection $ 75.00 $1,167,815.12 5/31/08 Freese & Nichols $ 2,457.50 $1,165,357.62 5/31/08 Freese & Nichols $ 4,485.00 $1,160,872.62 06/25/08 Four D Construction $ 113,762.07 $1,047,110.55 06/24/08 Freese & Nichols $ 6,727.50 $1,040,383.05 06/24/08 1 Freese & Nichols $ 944.49 1 $1,039,438.56 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 $3 044 690 6/20/07 Grant Reimbursement $ (500,000.00) $ 500,000.00 $2,005,400 Pro": 06-02 - Status: March 9, 2007, Purchased 57 acres of land from PISD. Town staff is working with PISD on a joint project with the Stadium architect PBK . Project: Boyer Park $200, 000 Pro": 06-03 Status: Pending resolution for acquisition of additional land west of Church street. 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 $469,990 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 06/11/08 RLK Engineering $ 54,000.00 $ 755,732.60 Improvements $500, 098 06/11/08 Dowdey & Associates $ 42,461.70 $ 713,270.90 $810,000 Pro': 06-05 Status: Design proposals for the three (3) roadway projects were approved by by Council on March 1, 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 11/06/07 Dowdey & Associates $ 1,500.00 $ 295,000.00 Improvements 12/11/07 Dowdey & Associates $ 5,944.99 $ 289,055.01 W9,900 01 /31 /08 Dowdey & Associates $ 549.08 $ 288, 505.93 $300,000 03/20/08 Dowdey & Associates $ 1,369.49 $ 287,136.44 Proj: 06-06 3/31/08 Dowdey & Associates $ 404.00 $ 286,732.44 5/22/08 Dowdey & Associates $ 46,546.67 $ 240,185.77 05/22/08 Dowdey & Associates $ 128.06 $ 240,057.71 05/22/08 S.W. Signs $ 555.00 $ 239,502.71 06/11/08 Quality Excavation $ 78,885.00 $ 160,617.71 Status: Quality Excavation has been awarded this project and will begin construction in March, 2008. The construction is anticipated to be complete by the end of summer 2008. Project: 12/18/07 DHS Auto -lift sta. mod $ 1,568.65 $ 29,831.35 Water Flow Reversal 12/18/07 DHS Auto -lift sta. mod $ 10,925.00 $ 18,906.35 $77,090 02/29/08 Preston Services $ 500.00 $ 18,406.35 $31,400 03/07/08 DHS Auto $ 12,975.00 $ 5,431.35 Proj: 06-07 04/11/08 Freese & Nichols $ 2,655.00 $ 2,776.35 05/22/08 Freese & Nichols $ 1,859.00 1 $ 917.35 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. Project: 01/08/07 Ferguson WW-Toll Rd $ 4,389.58 $ 271,610.42 Water/Sewer Line Repl. 01/22/07 Ferguson WW $ 695.10 $ 270,915.32 Water: $160,000 01/31/07 Rodman $ 16,240.00 $ 254,675.32 Sewer: $116,000 04/24/07 Ferguson (6" Line) $ 10,594.79 $ 244,080.53 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 Proj: 06-08 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 Status: Sewer line replacement on Main St. 1,500 Ift and 12 manhole rehab downtown. Water line replacement 1,300 Ift on Second Street. The toll road water line and Third Street was relocated 2007 and remaining to be done in 2008. Project: 01/02/08 Brookhollow $ 5,953.75 $ 969,046.25 Kohl's Development 01/02/08 G.E. Walker $ 29,599.74 $ 939,446.51 $975,000 01/02/08 G.E. Walker $ 14,377.49 $ 925,069.02 02/26/08 G.E. Walker $ 16,153.75 $ 908, 915.27 Proj: 06-09 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 05/07/08 G.E. Walker $ 12,254.04 $ 826,282.70 05/07/08 Rodman Const. $ 110,345.62 $ 715,937.08 05/06/08 Schneider Siltation $ 5,445.00 $ 710,492.08 05/06/08 Stromcon, LLC $ 1,900.00 $ 708,592.08 05/06/08 Stromcon, LLC $ 200.00 $ 708,392.08 05/31/08 StromCom, LLC $ 250.00 $ 708,142.08 05/31/08 Alpha Testing $ 4,411.00 $ 703,731.08 06/11/08 Rodman Const $ 455,333.18 $ 248,397.90 06/11/08 G.E. Walker $ 6,235.00 $ 242,162.90 Status: The project has been bid by Land Plan with Rodman Excavation being the low bidder. Construction will begin in March, 2008 and is anticipated to be completed in September, 2008. Project: 05/31/08 American Rehab $ 250.00 $ 737,750.00 Street Paving 2008 $738,000 Pro': 06-10 Status: Project: 1st St. Practice Fields 06/30/08 Fisher & Sons Fence $ 10,600.00 $ 19,400.00 $30,000 Project: 03/21/07 UTRWD $ 62,500.00 $ 1,656,868.20 Remaining bond funds 05/31/07 Home Depot $ 192.50 $ 1,656,675.70 available 01/02/08 UTRWD-Fees $ 68,095.84 $ 1,688,579.86 04/22/08 Apprai Consul(100 blk) $ 3,600.00 $ 1,584,979.86 $1, 561,488.18 $ 157, 880.02 $1, 719, 368.20 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: $799,403.25 Status: Interest available for future projects Total Bond + Interest Earned - Expenditures $1 ,842,19.O8 $799,403.25 $ 6,595,243.94 $12,000,000.00 General Ledger: FY 06/07 Expense $1,885,933.59 FY 07/08 Expense $4,709,310.35 Total Expenses $6,595,243.94 Balance $ 6,204,159.31 3 m E 0 0. C E i� d d W L. 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OMN0700v (0000 O W (00 0 (O NOO MOO N (ON w0 ON OOOO�NO P000 000 MO 00 N O NO ON Cl) O NM00 00000S POO v0� D 0000 00 O O O O 00 O O O O O O O O 00 O 0 (O O O 00000 0 0 U MaM 0) MM 0) IV O N a— O w 00000 as 0)NM 0 0 M0) M v rn rn v v v rn v W W y N U) ad LL p ILW d m Oa V n m E Y IL O v ^ c U N c Z`a U. m d n— E� 9 v al Z al 0 O £W a j .0 07 01 9 C 0 0) �, m w := li r��ood U. C c m m U O fT V LL y C _cc U- � c eo Ots ��d �3 YJm°m�(Od O me G O rnd O 90�� y c T m TT° c � y U. d 0 co � u oo� CO p J m`�mO J Z 0) W W a G (o o(o wm LL.a 00 CQLL (n al G G m00 c 47 m oQ0 6 9M �a of mn U atco �W N o.o co dNN 3 Q H 0 Q 3 on H O O o H YYY d UYY fA o `YY a .� o (aY Q LLY �O VY (n 16 Y o YY d V p ~ G« p D Y a m C C C X X C C C (a (a (a N a1 (a R C C X 9 (o (o N ` C X (A C R C X m N V C m as !� C C X X y as (a N a1 C C X X Q ns N N F �mmmHHmm 3mmH cmi- �mF- W p p �m ym �coco WmHH f '�� 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 — July 22, 2008 Date: July 17, 2008 Agenda Item: A public hearing to consider and act upon a request to rezone 0.3i acre (509 East First Street), located on the north side of First Street, 100i feet west of Field Street, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z08-11). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan North Single Family-15 Single Family Residential Old Town Core District — Single Family Residential East Single Family-15 Single Family Residential Old Town Core District - Office South Single Family-15 Single Family Residential Old Town Core District - Office West Single Family-15 Single Family Residential Old Town Core District - Office Requested Zoning — Z08-11 is a request to rezone 0.3t acre, located on the north side of First Street, 100t feet west of Field Street, from Single Family-15 (SF-15) to Downtown Office (DTO). The Downtown Office (DTO) district accommodates a variety of office uses providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. Future Land Use Plan — The Future Land Use Plan (FLUP) recommends Old Town Core District - Office for the property. The zoning request conforms to the FLUP. Conformance to the Future Thoroughfare Plan — The zoning exhibit complies with the Future Thoroughfare Plan. Agenda Item No. 8 - Page 1 of 2 Water and Sanitary Sewer Services — Water and sanitary sewer service have been extended to the property. Access — Access to the property is from First Street. Schools — This property is located within the Prosper Independent School District (PISD). A school site is not needed on this property. Parks — This property is not needed for the development of a park. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Notification was provided to neighboring property owners and the newspaper as required by State law. Town staff has received six public hearing notice reply forms, with four in opposition to the zoning request. The four opposition forms represent 16.9% of the surrounding property within a 200 foot buffer. Therefore, a supermajority vote by the Town Council is not required to approve the zoning request. Attached Documents: 1. Zoning Exhibit A. 2. Public hearing notice reply forms. Town Staff Recommendation: Town staff recommends that the Town Council approve the request to rezone 0.3t acre (509 East First Street), located on the north side of First Street, 100t feet west of Field Street, from Single Family-15 (SF-15) to Downtown Office (DTO). Agenda Item No. 8 - Page 2 of 2 K W a 0 a W ry u E c =E n u v - ° w Z n �u 30 o n� E Cw Q� OG °i L4 E C 'o °u J `o E w n - .2 o° ° u on Q° o� q.c cn -- ; uo is ;j. E. sus^E '= u 2C U� 01 WHO ZZv U„v UN WP WO1 m3 �l°n �� F-�» .L334VUS 073l4 8 6uY � ` J [ Q C rwra O n W V 1 ` ' w cn R u ]— � LLB cy I x w a (-) Q N O IW' _ O LLzJ I I I Nz z Un ocN O moo N LL _ o zaw N In cu v p O •9 ayi oo z i n LL w tO I � O N N " 4 IyJ u IrMin�- = a° _e " O 0 v^ I u II w rn LL_ y j a j a� tJi 8S'6�l M , LO L0.00 S pZ F Z U' z LLJ d m 3 W,y _ .. jy {jy � a n 0 ^ �NO F Ogo, yqyq u (-� [ipQ[i1I y w {��1 !n N to M a0 b, 00 �yy jyil �C (•p �4 N � 00 00 OD <N cn O 00 ix 3 „�Z,17Z.00 N Q U LL Z co, u I c o P O� _ 3 I a LL tOa �_� o w (n is a ° Oy a 2� 0o a D n ,o Ln LU K 0 a W u 0 Zx CL oW U 133W.9 NIA Hvd V / O W I O u N N G O u ° N vl� CL N grab � 2,5 �/''� N L h In O YN^ C o SEP� a F� 3;a 0: mS o Y"in n Ln u No C O _� I D I on LL m U L In N O M II Z u I o u � o � d � O �a(na u � L�? a q o �o v E. m a 4 «� 4Eo 0o LLY 2.s u 0$ C _E o `o Z) 8 ZNN C eg t$ s MEPL� o J J W =� >a 00 o In g • O = $gW� QN LL J y MCO ao a a _'F F$ . c M sao PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z08-11: The Town of Prosper has received an application to rezone 0.3t acre from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located 100f feet west of Field Street, on the north side of First Street. (See exhibit on the back side of this page). DESCRIPTION OF THE REQUEST: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town and accommodates a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. VI OPPOSE the request as described in the notice of public hearing. ❑ I DO NOT OPPOSE the request as described in the notice of public hearing. (ATTACH ADDITIONAL SHEETS IF 2 • -6ce O' � N 7 vim Name (please print) Signature 6y2- /-r Address s X 7 0 ze City, State, and Zip Code Date W- On 7-11, ram, E-rdail Address PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z08-11: The Town of Prosper has received an application to rezone 0.3t acre from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located 100f feet west of Field Street, on the north side of First Street. (See exhibit on the back side of this page). DESCRIPTION OF THE REQUEST: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town and accommodates a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. I OPPOSE the request as described in the notice of public hearing. ❑ I DO NOT OPPOSE the request as described in the notice of public hearing. (ATTACH ADDITIONAL SHEETS IF NECESSARY): Name (please prin it Address s r'� -7- -? It- City, tate, and Zip Code 0� - 7 / F_�- / Date L111 E-mail Address TOWN OF IT'N'o E REPLY FORM PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z08-11: The Town of Prosper has received an application to rezone 0.3t acre from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located 100f feet west of Field Street, on the north side of First Street. (See exhibit on the back side of this page). DESCRIPTION OF THE REQUEST: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town and accommodates a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. ja 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. / jj COM NTS (ATTACH AD ITIONAL EETS IF NECESSARY): 7�'ec i" ✓J �4 Jr K C ' P kp�'i6 4 CA� Name (please print) lD JF r'fes Address 4,5jel_ C D7 City, State, and Zip Code 6--,;q-oy Date C f 4 �� s�� ,�o.� E-mail Address TOWN OF P1SPER \1 REPLY FORM PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z08-11: The Town of Prosper has received an application to rezone 0.3t acne from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located 10Df feet west of Field Street, on the north side of First Street. (See exhibit on the back side of this page). DESCRIPTION OF THE REQUEST: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town and accommodates a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. K I OPPOSE the request as described in the notice of public hearing. o I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): S• n Name ease print) . ©3 F- Address Pjo e r 7'�_:_ 74 City, State, and ip Code i (v-a3-off Date AJ p a E-mail Address PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 REPLY FORM SUBJECT: Zoning Case Z08-11: The Town of Prosper has received an application to rezone 0.3t acne from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located 100f feet west of Field Street, on the north side of First Street. (See exhibit on the back side of this page). DESCRIPTION OF THE REQUEST: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town and accommodates a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. ❑ I OPPOSE the request as described in the notice of public hearing. V I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): C A, -,, �A" Name (please print) $ I - City, State, and Zip Code Date ail ddress Zoo J 1\ REPLY FORM PLANNING DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z08-11: The Town of Prosper has received an application to rezone 0.3f acre from Single Family-15 (SF-15) to Downtown Office (DTO). LOCATION OF SUBJECT PROPERTY: The property is located 100f feet -west of Field Street, on the north side of First Street. (See exhibit on the back side of this page). DESCRIPTION OF THE REQUEST: The Downtown Office District is established to maintain existing and encourage additional office development in the original downtown portion of the Town and accommodates a variety of office developments providing for professional, financial, medical, and similar services for local residents and service uses necessary to support such office uses. ❑ lop st as described in the notice of public hearing. 8PoSr OPPOSE request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): As LoN4 A s ©ctp" i s Cmwal A . Name (pljoe print) Zo Address Zlr� pity, State, and Zip Code 5 S?,- 1A D 3 (-6C" L .COn., E-mail Address t p T SPER. To: Mayor and Town Council ENGINEERING From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Re: Town Council Meeting — July 22, 2008 Date: July 18, 2008 Agenda Item: Consider and act upon 1) an Interlocal Development Agreement regarding the reimbursement of various construction costs to the Prosper Independent School District for the development of Prosper High School and 2) adopt a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: In order to develop the Prosper High School located on the southeast corner of Frontier Parkway and the Burlington Northern Santa Fe Railroad (BNSF), extensions of water and sanitary sewer lines along with new roadway improvements are necessary to service the needs of the facility. These improvements include the following: Project A: Water Line Improvements: • Construction of approximately 2,000' of 16" water line along Coleman Road from south of the Prosper High School, located at the southeast corner of Frontier Parkway and the Burlington Northern Santa Fe Railroad (BNSF), to the southwest corner of the Prosper High School. • Construction of approximately 4,000' of 16" water line from the southwest corner of the Prosper High School to the northeast corner of the Prosper High School. • Construction of approximately 2,800' of 16" water line from the northeast corner of the Prosper High School along Frontier Parkway to Preston Road (SH 289). Project B: Sanitary Sewer Line Improvements: • Construction of approximately 700' of sanitary sewer line along Coleman Road from south of the Prosper High School, located at the southeast corner of Frontier Parkway and the Burlington Northern Santa Fe Railroad (BNSF), to the southwest corner of the Prosper High School. • Construction of approximately 3,200' of sanitary sewer line from the southwest corner of the Prosper High School to the north side of the Prosper High School. Agenda Item No. 10 - Page 1 of 3 • Construction of approximately 1,000' of sanitary sewer line from the north side of the Prosper High School to the northeast corner of the Prosper High School. Project C: Roadway Improvements: • Construction of two lanes (2) of East Coleman Road adjacent to the Prosper High School, located at the southeast corner of Frontier Parkway and the Burlington Northern Santa Fe Railroad (BNSF), including concrete curb and gutter streets with underground drainage. In examining the Town of Prosper's Water and Wastewater Capital Improvement Plan (CIP) and Thoroughfare Plan (TP), the improvements necessary to facilitate the Prosper High School include the extension of water and sanitary sewer lines to the site as well as the realignment of Business 289 (Coleman Road). In accordance with the Town's CIP, the Prosper Independent School District (PISD) is constructing the necessary size water and sanitary sewer lines to serve not only their needs but the needs of the surrounding properties. The PISD is also constructing the northern two (2) lanes for the new alignment of Coleman Road adjacent to their property in accordance with the Town's TP. With the construction of Coleman Road the underground drainage system will be oversized to facilitate the future expansion of Coleman Road to a four (4) lane divided roadway as well as capacity to convey the existing upstream properties. Per the terms of the attached Interlocal Agreement, the Town would be responsible for the following: Cost differential between the Town's CIP water line being installed by the PISD and the cost of an adequately sized water line to serve only the PISD. Cost differential between the Town's CIP sanitary sewer line being installed by the PISD and the cost of an adequately sized sanitary sewer line to serve only the PISD. Cost of oversized underground drainage system being installed in Coleman Road to allow for future expansion of the roadway and capacity to convey upstream drainage. The detailed breakdowns for these costs are included in the Interlocal Agreement. The Town's estimated costs and recommended method of payment/reimbursement summarized in the next section. Budget Impact: To facilitate the timely design and construction of the Projects, the PISD will fund 100% of the design costs for the Projects with no prorata share reimbursement from the Town. The Project Estimated Construction Costs are to be funded by the PISD and the anticipated reimbursement by the Town for the Town's prorata share based on the Project Estimated Construction Costs is provided below. Prior to any payment by the Town, the PISD will provide Actual Construction Costs to the Town for verification. The Town will reimbursement the PISD for the prorate share of the Actual Construction Costs based on the same methodology utilized to calculate the Project Estimated Construction Costs. Project A ($382.787): With the development of the adjacent properties within the service area boundary as depicted in Exhibit "D", water impact fees will be collected by the Town. As these impact fees are collected, the Town will reimburse the PISD semi-annually (April and October) the fees collected until the Town's prorata share of Project A is paid in full. Project B ($195.049): Within thirty (30) business days of receiving the PISD's completion of the Project and Final Acceptance of the Prosper High School Addition Project, the Town will tender funds equal to the Town's prorata share of the Project Estimated Construction Costs and Project Construction Costs Overruns for Project B. Agenda Item No. 10 - Page 2 of 3 Project C ($496.712): With the development of the adjacent properties within the service area boundary as depicted in Exhibit "D", roadway impact fees will be collected by the Town. As these impact fees are collected, the Town will reimburse the PISD semi-annually (April and October) the fees collected until the Town's prorata share of Project C is paid in full. Legal Obligations and Review: The Interlocal Development Agreement was review and approved by the Town Attorney. Attached Documents: The following documentation is being provided for review: • Interlocal Development Agreement • Resolution authorizing the Town Manager to execute the agreement • Preliminary Site Plan for Prosper High School • Town of Prosper Water Capital Improvement Plan • Town of Prosper Wastewater Capital Improvement Plan • Town of Prosper Thoroughfare Plan Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council: 1) approve an Interlocal Development Agreement regarding the reimbursement of various construction costs to the Prosper Independent School District for the development of Prosper High School and 2) adopt a resolution authorizing the Town Manager to execute the same. Agenda Item No. 10 - Page 3 of 3 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN INTERLOCAL DEVELOPMENT AGREEMENT REGARDING THE REIMBURSEMENT OF VARIOUS CONSTRUCTION COSTS TO THE PROSPER INDEPENDENT SCHOOL DISTRICT (PISD) FOR THE DEVELOPMENT OF THE PROSPER HIGH SCHOOL, BY AND BETWEEN THE PISD AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an Interlocal Development Agreement regarding the reimbursement of various construction costs to the Prosper Independent School District (PISD) for the development of the Prosper High School, by and between the PISD and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 22Id day of July, 2008. Charles Niswanger, Mayor ATTEST TO: Matthew Denton Town Secretary ISPER PLANNING P 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 — June 24, 2008 Date: June 18, 2008 Agenda Item: Consider and act upon a preliminary site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building on a 73.8t acre tract, located north of the existing Prosper Middle School, south of the existing agriculture building. The property is zoned Single Family-15. (D08-8). History: [UPDATE July 17, 2008 (Hulon Webb) — This item was discussed at the July 15, 2008, Special Called Town Council Meeting with members of the Prosper Independent School District (PISD) and concerned citizens. Based on those discussions, Town Council decided to table this item until the July 22, 2008, Town Council Meeting to allow the PISD time to provide a written response to the concerns raised at the meeting. At the time of preparing the staff report for this item no written response or revised plans have been received. Without a written response or revised plans being received, the Town Staff Recommendation section of this report remains the same.] [UPDATE July 11, 2008 (Mike Land) — The Mayor reported that he spoke with Mr. Stuber on Thursday and Mr. Stuber stated that the District was ready to present their plan. He also requested that the Council consider their request as soon as possible. According to the Mayor's understanding of his discussion with Mr. Stuber, the District will present a plan Tuesday night that will illustrate the maintenance facility/bus barn located on the same site as originally proposed with plans for bus ingress and egress being through a drive to be constructed by the District located either north of the homes fronting on 8th Street (between the homes backyards and practice fields) until it intersects with the School District's street on the High School property or behind the north end of the football stadium.] Per Chapter 4, Section 1 of the Zoning Ordinance, preliminary site plans and site plans require review and approval by the Planning & Zoning Commission. The Planning & Zoning Commission denied the preliminary site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building at their June 17, 2008 meeting. Upon denial of the preliminary site plan by the Commission, the applicant, Prosper Independent School District, submitted a letter appealing the Commission's decision. The appeal process allows for the Town Council to affirm, modify, or reverse the decision of the Commission. Agenda Item No. 11 - Page 1 of 3 Description of Anenda Item: The preliminary site plan shows a school district bus yard, a maintenance facility, and a small animal building. Access to the site is proposed to be provided from Seventh Street and Eighth Street and the proposed parking is adequate. On April 7, 2008, the applicant submitted the preliminary site plan to the Town and comments were provided by Town staff on April 16, 2008. Prior to the June 9, 2008 Joint Meeting of the Town Council and the Prosper Independent School District Board, no revisions were resubmitted by the applicant in anticipation that the Prosper Independent School District would discuss concerns with the Town Council. At that meeting, the urgency of Prosper Independent School District's need to obtain approval of this project was conveyed and Town staff has been working diligently since that time on a resolution. While many of staff's comments have been addressed, the following comments and concerns described below have not been addressed: Access/bus routes The preliminary site plan shows access being provided to the property from Seventh Street and Eighth Street. Therefore, the buses will travel through the residential portion of downtown Prosper to access the bus yard and maintenance facility. Seventh Street and Eighth Street are twenty foot wide asphalt roads, designed for residential traffic with no sidewalks provided for pedestrian traffic. Seventh Street and Eighth Street are not designed for a heavy amount of bus traffic due to the significantly increased load factor of a bus (5,000 times greater than a car) and the turning radius of a bus. One of the standards of approval for a preliminary site plan in the Zoning Ordinance (Ch. 4, Sec 1) is "safety and efficiency of vehicular and pedestrian circulation, traffic control, and congestion mitigation." Town staff has recommended to the applicant that a drive be constructed west from the bus yard to an existing drive that extends north from Church Street (see attached exhibit), in order to provide cross access which would allow the buses to access Coleman Street, a future thoroughfare. If this drive were constructed, the buses could access Coleman Street and avoid accessing the bus yard and maintenance facility through the residential portion of downtown. The applicant has decided not to show a drive providing cross access to Coleman Street on the preliminary site plan. Screenincr The Zoning Ordinance states that unless otherwise approved by the Planning & Zoning Commission, school district bus yards shall be screened using one of the following methods: Option 1 • A six (6) foot ornamental metal fence. • Three (3) inch caliper evergreen trees on twenty (20) foot centers, and • Five (5) gallon evergreen shrubs on three (3) foot centers. Option 2 • A six (6) foot clay -fired brick wall, and • Three (3) inch caliper evergreen trees on twenty (20) foot centers. The preliminary site plan shows the bus yard being screened by a six (6) foot vinyl coated chain link fence without a landscape screen on all four sides. The proposed bus yard and maintenance facility is surrounded by residential uses and residential zoning. The applicant's proposed screening does not meet the requirements per the Zoning Ordinance. Two of the standards of approval for a preliminary site plan in the Zoning Ordinance (Ch. 4, Sec 1) are "affect on adjacent property and land use" and "use of landscaping and screening to shield lights, noise, movement or activities from adjacent properties and to complement the design and location of buildings and parking." Town staff recommended to the applicant that they provide one of the two screening options per the Zoning Ordinance, but the applicant decided not to provide any screening other than a six foot vinyl coated chain link fence. A six foot vinyl coated chain link fence does not adequately screen the bus yard and maintenance facility from surrounding residential uses. Agenda Item No. 11 - Page 2 of 3 Budget Impact: There are no significant budget implications associated with the approval of this preliminary site plan. Legal Obligations and Review: The preliminary site plan does not meet the minimum development requirements. Town staff has recommended solutions to the applicant in order to meet the minimum development requirements. Summary: The preliminary site plan does not meet the standards of approval per the Zoning Ordinance. Town staff has provided recommendations to the applicant in order to bring the preliminary site plan into conformance with the standards of approval. The applicant has decided not to comply with Town staffs recommendations. Therefore, Town staff cannot support the preliminary site plan as submitted. Attached Documents: 1. The preliminary site plan. 2. Exhibit showing Town staff's recommendation to construct a drive west from the bus yard to an existing drive that extends north from Church Street in order to provide access to Coleman Street. 3. Letter from Prosper Independent School District appealing the Planning & Zoning Commission's denial of the preliminary site plan. 4. Draft minutes from the June 17, 2008 Planning & Zoning Commission Meeting. 5. [UPDATE July 17, 2008 (Hulon Webb) — Letter from Drew Watkins dated July 15, 2008, requesting Council approval on July 15, 2008, with bus access being proposed internal to the PISD site.] Planning & Zoning Commission Recommendation: At their June 17, 2008 meeting, the Planning & Zoning Commission denied the preliminary site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building by a vote of 5-1. Commissioner DeMattia voted in opposition to the motion to deny and stated he would have preferred to approve the preliminary site plan subject to Town staff's recommendations. Town Staff Recommendation: Town staff recommends approval of the preliminary site plan subject to: 1. The applicant revising the preliminary site plan showing the construction of a drive providing cross access to Coleman Street in order to meet the standard of approval based on "safety and efficiency of vehicular and pedestrian circulation, traffic control, and congestion mitigation" per the Zoning Ordinance. 2. The applicant revising the preliminary site plan providing one of the two screening options per the Zoning Ordinance in order to screen the bus yard from the adjacent residential properties and to meet the standards of approval based on "affect on adjacent property and land use" and "use of landscaping and screening to shield lights, noise, movement or activities from adjacent properties and to complement the design and location of buildings and parking." 3. Fire Department approval of all fire hydrants and fire lanes including widths, radii, construction materials. 4. Town Engineer approval of preliminary water, sewer, and drainage plans. Agenda Item No. 11 - Page 3 of 3 06/18/2008 16:50 9723469247 PROSPER ISD PAGE 02 AW� TMGUE MLL AND PERKINS Civil Engineering Sunfeying : Landamps ArcWtwure ! Planning June 18, 2008 Hulon T. Webb, Jr. PE Director of Development Setvices/Town Engineer Town of Prosper 407 E. First Street P.O. Box 307 Prosper, Texas 75078 Mike Land Town Manager 121 W. Broadway P.O. Box 307 Prosper, Texas 75078 Dear Mr. Webb/Mr. Land, It has come to our attention that the Planning and Zoning commission denied the request for Prelimainy and Final Site plan approval for the new Prosper ISD Support Services Facility at the June 17, 2008 meeting, Prosper ISD would like to appeal this ruling to the City Council at the next possible opportunity. Thank you in advance for your assistance with this issue. Sincerely, Superintendent of Schools Prosper Independent School District 4 AM -- r__. __ ram___► r..f.., 'M^ . r4.r....... T..... 7CAAA . 0%0%1 67A 4AOA .&.-- . AA7 Oq1 0%4L"% M _ MINUTES ISPER Regular Meeting of the Prosper Planning & Zoning Commission OWN OF 605 E. Seventh Street, Prosper, Texas Prosper Middle School - Library Tuesday, June 17, 2008, 6:00 p.m. 1. Call to Order / Roll Call. The meeting was called to order at 6:00 p.m. Roll call was taken by Chris Copple, Senior Planner. Commissioners present included: Chair Mark DeMattia, Vice Chair George Dupont, Reno Jones, Sam Johnson, Jason Dixon, and Marcus Ruark. Secretary Ronni Gallup was absent. Staff present included: Hulon Webb, Director of Development Services/Town Engineer; Chris Copple, Senior Planner; and Melanie Videan, Planning Technician. 2. Consider and act upon minutes from the following Planning & Zoning Commission meetings: • June 3, 2008 Regular Meeting Motioned by Dupont, seconded by Johnson to approve item. Motion approved 6-0. REGULAR AGENDA 3. Consider and act upon a preliminary site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building on a 73.8f acre tract, located north of the existing Prosper Middle School, south of the existing agriculture building. The property is zoned Single Family-15. (D08-8). Staff Summary Copple: Summarized preliminary site plan noting access had been proposed by the applicant off of Seventh Street and Eighth Street, and the proposed parking was adequate. Directed Commission to two main concerns given in staff report. First concern was access to the property. Due to the current access situation, having access to Seventh and Eighth Streets with no cross access provided, the buses would have to travel Seventh and Eighth Streets each time a trip to and from the bus yard would be made. Informed Commission that Seventh and Eighth Streets are 20 foot wide asphalt roads designed for residential traffic, not heavy amounts of bus traffic. Continued to say that the roads' turning radii are also designed for passenger vehicles, not buses, and added there are no sidewalks to carry pedestrian traffic. Recited one standard of approval for a preliminary site plan per the Zoning Ordinance is safety and efficiency of vehicular and pedestrian circulation, traffic control, and congestion mitigation. Noted staff's recommendation to construct a drive west from the bus yard to an existing drive that extends north from Church Street. The proposed route would lead buses north through the school's property to Eagle Lane and continue west to Coleman Street. Staff s second concern was screening. Recited zoning ordinance in that unless otherwise approved by the Commission, school district bus yards must be screened using either an ornamental fence with a living screen or a brick wall with trees every 20 feet. Noted the current plan had the proposed bus yard being screened by a 6 foot vinyl coated chain link fence without a landscape screen. Explained that neighborhoods surrounding the bus yard were residential uses and buildings; old downtown residential to the southwest, Stonecreek to the southeast, and single family to the east directly behind the bus'drive Page 1 of 6 and maintenance facility. Noted two standards for approval of a preliminary site plan are: 1) Affects of proposed use on adjacent properties and land use, and 2) The use of landscaping and screening to shield light, noise, movement, and/or activity from adjacent properties and to complement the design and location of buildings and parking. Staff recommended to applicant to show one of the two options for screening provided in the zoning ordinance; however, the applicant decided not to provide any screening other than the 6 foot vinyl coated chain link fence. Noted the fence would not adequately screen the bus yard or maintenance facility from the surrounding residential uses. Informed Commission that although staff made recommendations"lo the district in order to bring the preliminary site plan to the Commission which meets the standards of approval per the zoning ordinance, the District has declined to comply; therefore staff could not support the preliminary site plan as submitted. Noted four conditional approval items (staff recommendations to the applicant) in staff report that were given to the District, and with these conditions met, staff would recommend approval. Town staff recommended approval of the preliminary site plan subject too: 1) The applicant revising the preliminary site plan showing the construction of a drive providing cross access to Coleman Street in order to meet the standard of approval based on "safety and efficiency of vehicular and"pedestrian circulation, traffic control, and congestion mitigation" per the Zoning Ordinance, 2) The applicant revising the preliminary site plan providing one of the two screening options per the Zoning Ordinance in order to screen the bus yard from the adjacent residential properties and to meet the standards of approval based on "affect on adjacent property and land use" and "use of landscaping and screening to shield lights, noise, movement or activities from adjacent properties and to complement the design and location of buildings and parking.", 3) Fire Department approval of all fire hydrants and fire lanes including widths, radii, construction materials, and 4) Town Engineer approval of preliminary water, sewer, and drainage plans. Commission Discussion Ruark: Asked staff the following questions: 1) If the proposed traffic route [by staff] would be more capable of carrying bus traffic than Seventh and Eighth Streets?, 2) If the last two recommendations to the District in the staff report are sufficient reasons to"deny request?, and 3) what the appeal process of the Town was in response to a Commission denial? To the applicant asked the following: 1) Why that particular site was selected, noting that ingress and egress issues are one of the most important aspects of site selection, 2) Whether the animal building was for small animals or was just a small building, 3) What type of animals would be housed in the building?, and 4) If it was typical for Districts to be represented at Planning and Zoning meetings by the consultant. Commented that Prosper's regulations are in place to guide the look and feel of the Town and why people want to live here and not be surprised by something suddenly next to their house that wasn't there originally. Felt uncomfortable for the citizens on Seventh and Eighth Streets with all the bus activity. Spoke in objection to the fence. Suggested to Commission to either table the item until the school district could send a District representative to a Planning and Zoning meeting to answer questions and justify their non-compliance with staff recommendations, or to deny the preliminary site plan until the District could match the zoning currently in place. Voiced that to him, it didn't feel right to vote favorably for the preliminary site plan as submitted, but noted he would consider voting to approve the item subject to staff's conditions for approval. DeMattia: Asked the following of the applicant: 1) Why there was no compliance with staff recommendations?, 2) If the road proposed by staff was acceptable?, 3) What the trip estimation down Seventh and Eighth Streets are?, 4) If the screening issue was based on budgetary reasons?, 5) Why the preliminary site plan is being brought before the Commission so late in the process since timing for the District on this project is important?, and 6) If the district had any preference regarding tabling the item until staff and the District could come to an agreement versus a vote? Suggested to Commission to approve the item subject to staffs recommendations/conditions. Dixon: Asked the following of the applicant: 1) How many buses did the District currently have?, 2) If the District had considered locating this bus yard to a site along a larger, major thoroughfare?, 3) If Page 2 of 6 the applicant was in competition with another firm for doing this multi -purpose facility?, and 4) If the District had considered taking Eagle Lane due east instead of winding around; thereby safety being less of a concern?, and 5) If the District planned on keeping the existing building? Voiced that he hadn't heard a definitive reason for non-compliance with staff s recommendations, and that the District was asking for a number of concessions. Responded to Ruark that the animal facility was probably for Future Farmers of America. Asked staff the following: 1) If the metal building met code?, and 2) If there was an entrance/exit off of Coleman Street (i.e. a circular drive in front of the existing high school). Asked Commission if any of them had bel6n addressed by any school board members. Suggested tabling the item. Dupont: Explained to applicant the purpose of Commissioner appointments. Cited the preliminary site plan did not conform to the downtown residential zoning district and did not conform to the ordinance (speaking in regards to the chain link fence and the landscape screening). Also noted it did not conform to the thoroughfare plan in that buses would travel a 20 foot wide street that is 4 inches thick and was designed for car traffic, not bus traffic. Noted there were no curbs, no sidewalks, and if two buses were going in opposite directions at the same time, they would have to drive on front lawns and that turning onto Seventh and Eighth Streets, buses would eventually cause the culverts to collapse. Also stated that commercial traffic would begin at 6:00 am through an existing residential neighborhood. Asked applicant about security lighting, noting that the first time something would be broken into, high poles with security lighting would want to be installed and questioned the applicant if the District would be willing to conform to the Town's residential lighting ordinance? Commented on the preference that the District had come to the Town approximately four months ago when the residential project south of where the tennis courts are now, so the developer of that project would have had a requirement to put a street in that would have ran parallel all the way up and it would have been at no cost to the District or the Town. Asked the applicant why the District couldn't use thirteen acres they pulled from a 70 acre proposal the County made to the District for a park system for this maintenance facility, citing that the idea was for the bus barn to be centrally located and near the new high school which has a central location. Questioned the applicant on suggestion and a suggestion of using a property north of FM 1461 in Celina which would still be in PISD, and was zoned commercial/industrial, which would be more appropriate to the use and FM 1461 would be a 6 lane divided highway which would provide better access for buses. Noted to the current plan, in back of the current high school, the parking lot is fairly large and when it becomes a middle school, not as much parking would be needed; therefore, could the District re-route the road by going through the existing parking lot, putting the road on their property, and the District would be responsible for the upkeep and maintenance of the road due to the damage over time by buses which could be as high as 120 round trips per day at 60 buses total. Mentioned that 120 round trips a day on the Town's roads is not a favorable solution. Didn't agree that there would be no impact on the Town's budget. Also noted that by using Seventh and Eighth Streets, the Town would, instead of providing a regular upgrade, there would have to be a higher standard for the roads and the Town was going to have to continue to maintain those roads as the buses would break them down. Voiced no support for this item as submitted; however, he would consider the following: 1) If there were consideration by the District to allieviate concerns and return to the Commission, he would support tabling item, or 2) Willing to approve the plan with conditions, but requested item one also include language that notes to the effect of not using Seventh or Eighth Streets or any existing residential street. Would also like a condition added of conformance to the Town Lighting Ordinance concerning overhead security lighting in a residential neighborhood and any other applicable Town ordinances. Johnson: In regards to the screening issue, commented that the budgetary issue of the screening was not agreeable to him and felt it inappropriate to the taxpayers, noting a high amount of school taxes are paid and a quality product should be given. Asked applicant why this item was before the Commission if discussions are still ongoing. Asked the applicant if a more favorable plan could be presented at the next Commission meeting should the item be tabled. After much discussion, voiced he would support denial rather than tabling so the issues at hand could be resolved in some fashion. Page 3 of 6 Jones: Agreed with staff and Commission members that the roads were not designed for this intended use. Commented to the applicant that screening is of importance in the Town and that it should be considered more in depth by the District. Voiced support to deny item. All Commissioners answered that they had not been approached by any school board members. Applicant Discussion Chris Schmitt/Teague Nall & Perkins: In response to Ruark: 1) PISD only informed him that the site was selected because it was already their property, and they wouldn't have to acquire any property, 2) The building would house small animals, but it is also a small building which would-be behind the main building, 3) Confirmed it was not uncommon for consultant to be sent to Planning and Zoning meetings by the District, but on occassion, a district representative would attend. In response to DeMattia: 1) Noted ongoing discussions between PISD, Town Staff, and Town Council, 2) Two meetings with staff and a joint session with Council took place to discuss the roads' issue, and there was discussion between Council and Staff to consider alternate access points once a certain number of trips per day began; however, no firm decision had been made in any meeting, 3) A scenario of 18-20 buses was mentioned, but no one had validated that number. At build out, the parking currently provides for up to 37 buses, with ultimately 50 buses possibly in service. Staff's recommendation of the alternate alignment concerned the District with running traffic through the campus. At this time, the road issue was still under consideration between Town Council and PISD, and PISD had not authorized him [applicant] to negotiate terms of approval, 4) Screening was a budget issue. Allocating such a large amount of money towards the recommended screening on the north and south sides was believed to not really screen the immediate residential use. Given the property's location, the need to do wrought iron or a brick wall seemed unnecessary for this use. Agreed with staff that on the east side of property, there was consideration by the District for a living screen of some kind. The District had understanding of the ordinance and its purpose for screening (particularly for this intended uqe); however, he [the consultant] had not been instructed by the District to show such screening on the plan at this time, 5) In regards to construction, there was a timing issue. The drawings were complete, the contractor had been hired, and the District was working through permitting options on the building, but the District had given him [consultant] no reason why the Commission was presented with the preliminary site plan late in the process, and 6) Stated an understanding that action was needed in order for the process to move forward should the Commission deny the preliminary site plan. Tabling the item would delay their appeal process. In response to Dixon: 1) Currently there were six buses in service, but as the population of the district increases, so would the need for the number of buses, 2) Noted that they were not in competition at this site with another firm, 3) The proposed alignment in Town Staff's recommendation was in response to the original location north of the football field which was too costly to the District and would put the road very close to the north side of the stadium, approximately 3-5 feet off of the 24 foot road which the District is proposing for fire land access, and 4) Attached to the main building, there are currently some pens being demolished. The proposed building would replace those pens. In response to Johnson: Answered that should the item be tabled, the District would probably not return with a different preliminary site plan, that they would probably return with the same plan. Page 4 of 6 In General: Informed Commission the District understands that any improvement on the site would be subject to permitting whether the modifications be to the inside or outside of the building(s). Staff Discussion Copple: Informed Commission the District would have to follow the site plan process to receive their building permit and the zoning ordinance had standards of approval for site plans. Noted the staff report informed why the proposed preliminary site plkn did not meet the standards for approval. In regards to voting versus tabling the item, recommendehhat based on the time frame of the District to receive a building permit, the Commission take action on the item rather then tabling so in the case of denial, the appeal process could begin. Recited the zoning ordinance in that conditions for a school district maintenance building may be metal with an approved SUP; however, after discussions with the Town Attorney, the Town was recommended not to enfgrce the SUP on building materials because it would not be an issue associated with health, safety, or welfare. Webb: Informed Commission that the route to Coleman is an existing 24 foot concrete fire lane, and noted one alternative route of which the buses could enter through Coleman Street, loop around to drop off, and circle back out through the parking lot on Coleman Street. Motion by Dupont, seconded by Johnson to deny item as submitted. Motion passed 5-1. After motion, Commissioner DeMattia requested a notation on his preference for a motion to approve item subject to staff's recommendations. 4. Consider and act upon a site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building on a 73.8E acre tract, located north of the existing Prosper Middle School, south of the existing agriculture building. The property is zoned Single Family-15. (D08-18). Staff Summary Copple: Noted that since PISD did not have an approved preliminary site plan, the District could not receive approval on the final site plan; therefore, staff recommended denial. Motioned by Dupont, seconded by Jones to deny item. Motion passed 6-0. 5. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Commission Discussion DeMattia: Asked that at Commissioner Dupont's discretion, he share his findings and the status of the Non - Residential Design Standard Committee, as he [Dupont] is the Planning and Zoning Representative for that Committee. Dupont: Asked staff regarding super majority vote process. Johnson: Asked staff the status of the Wind Energy System ordinance amendment status. Staff Discussion Copple: Informed the Commission there is not a requirement for a super majority vote for a preliminary site plan, but there is one for a zoning case in which only four votes would be needed to overturn the Commission's vote. Also informed Commission that the Wind Energy System ordinance amendment is Page 5 of 6 moving forward with permitting regulations along with other recommendations by the Commission, and an anticipated return date to the Commission is set for July 1, 2008. 6. Adjourn. Motioned by Johnson, seconded by Ruark to adjourn. Motion approved 6-0. The meeting was adjourned at 6:45 p.m. Melanie Y. Videan, Planning Technician Ronni Gallup, Secretary Page 6 of 6 I Drew Watkins, EdD Superintendent of schools (972)346-3316 (972)346-9247/faz dwatkins@prosper-isd.net July 15, 2008 Re: Prosper ISD Transportation/Maintenance Facility Dear Mayor Niswanger and Mfl%l tid, AN A AN .,, On behalf of Prosper ISD, I r6cl� you consider appro a stated project as originally submitted with the of PISD's will' tract an additional drive .. (per Town's recommendatiox to,J?ISD properly;; vent additional bus traffic on 7�' and 8�` Str `ve be utiliz-to - 'onal bus traffic directly onto Business 289 (C anl - _- I believe that it is inrtant to note PISD has eliminated minimum of traveling on 7 h and Streets rAx streets by at least 70;000 vehiGlis My hope is that you r gmze this as o _ continue to move our c = unity forty sincerely, ("'Draw'* Wa s Wge"of use oJWs particular site, ay.=ef which ari eenage drivers) It- student-relattraffic on these y6ar. "C&WAM 5666" with then so that we can r _ tnapt f p T SPER. To: Mayor and Town Council From: Chris Copple, Senior Planner PLANNING Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — June 24, 2008 Date: June 18, 2008 Agenda Item: Consider and act upon a site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building on a 73.8t acre tract, located north of the existing Prosper Middle School, south of the existing agriculture building. The property is zoned Single Family-15. (D08-8). History: [UPDATE July 17, 2008 (Hulon Webb) — This item was not discussed at the July 15, 2008, Special Called Town Council Meeting with members of the Prosper Independent School District (PISD). It was tabled until the June 22, 2008, Town Council Meeting. At the time of preparing the staff report for this item no revised plans have been received. Without revised plans being received, the Town Staff Recommendation section of this report remains the same.] Per Chapter 4, Section 1 of the Zoning Ordinance, preliminary site plans and site plans require review and approval by the Planning & Zoning Commission. The Planning & Zoning Commission denied the site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building at their June 17, 2008 meeting. Upon denial of the site plan by the Commission, the applicant, Prosper Independent School District, submitted a letter appealing the Commission's decision. The appeal process allows for the Town Council to affirm, modify, or reverse the decision of the Commission. Description of Agenda Item: The previous item on this evening's agenda is the preliminary site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building. Town staff recommends the Town Council approve the site plan subject to the site plan being revised to reflect the preliminary site plan as approved by the Town Council. Budget Impact: There are no significant budget implications associated with the approval of this site plan. Legal Obligations and Review: The site plan does not meet the minimum development requirements. Town staff has recommended solutions to the applicant in order to meet the minimum development requirements. Attached Documents: 1. The site plan. Agenda Item No. 12 - Page 1 of 2 2. Letter from Prosper Independent School District appealing the Planning & Zoning Commission's denial of the site plan. Planning & Zoning Commission Recommendation: At their June 17, 2008 meeting, the Planning & Zoning Commission denied the site plan of the Prosper Independent School District Bus Yard, Maintenance Facility, and Small Animal Building by a vote of 6-0. Town Staff Recommendation: Town staff recommends approval of the site plan subject to: 1. The site plan being revised to reflect the preliminary site plan as approved by the Town Council. 2. Fire Department approval of all fire hydrants and fire lanes including widths, radii, construction materials. 3. Additions and/or alterations to the engineering plans and site plan by the Town Engineer. 4. Town staff approval of the landscape plan and fagade plan. 5. Planning & Zoning Commission approval of a final plat of the 73.8t acre tract. Agenda Item No.12 - Page 2 of 2 06/18/2008 16:50 9723469247 PROSPER ISD PAGE 02 OF 'TMGUE MU AND PERKINS. Civil Engineering ! Surveying ' Landscapa A►thftWure ! Planning June 18, 2008 Hulon T. Webb, Jr. PE Director of Development Services/Town Engineer Town of Prosper 407 E. First Street P.O. Box 307 Prosper, Texas 75078 Mike Land Town Manager 121 W. Broadway P.O. Box 307 Prosper, Texas 75078 Dear Mr. Webb/Mr. Land, It has come to our attention that the Planning and Zoning commission denied the request for Prelimainy and Final Site plan approval for the new Prosper ISO Support Services Facility at the June 17, 2008 meeting. Prosper ISO would like to appeal this ruling to the City Council at the next possible opportunity. Thank you in advance for your assistance with this issue. r Superintendent of Schools Prosper Independent School District HM ...... T__. __ t----- --j— GM . nL.— We~ . q4%1 OVA 4Aeft rf.rr . nn'% bAft 0%.11 !_._ ;ISPER OWN OF To: Mayor and Town Council From: Matthew B. Garrett, Finance Director Cc: Mike Land, Town Manager ADMINISTRATION Re: Participation with Oncor Cities Standing Steering Committee Agenda Item• Consider and act upon 1) entering into a Participation Agreement with Oncor Cities Standing Steering Committee and 2) a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: Membership in the Steering Committee allows Prosper to be an active participant in managing the transmission and distribution rates charged by Oncor and entitles Prosper to have a voice in directing the rate and policy issues addressed by the Steering Committee. For 20 years, the Steering Committee has maintained a united front and maximized the regulatory presence of cities before the Public Utility Commission. The Steering Committee is actively involved in rate cases, appeals, rulemakings, and legislative efforts impacting the rates charged by Oncor within Prosper. Steering Committee representation is also strong at ERGOT, where municipal membership far exceeds all other consumer and market participant segments. The work undertaken by the Steering Committee has saved all cities and ratepayers in the Oncor service area millions of dollars in unreasonable charges. Activities undertaken by the Steering Committee are funded by its members. An initial membership assessment of $0.10 per capita is used as a fair method for the members to bear the burdens associated with the benefits received from that membership. All funds collected through membership assessments are deposited in an account directed and controlled by the Steering Committee's Executive Committee. Budget Impact• The cost of participation would be $635, an initial membership assessment. This is calculated based on population reported on the TML Online Directory, which currently shows the population for Prosper at 6,350. Legal Obligations and Review: Lloyd, Gosselink, Blevins, Rochelle & Townsend P.C. represents the Oncor Standing Steering Committee Members and is active in resolution and document preparation. Item No. 13 Page 1 of 2 Attached Documents: Proposed Resolution and Agreement Board. Committee and/or Staff Recommendation: Staff is recommending that the Town elect to enter into the Participation Agreement with Oncor Cities Standing Steering Committee. Item No. 13 Page 2 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF THE STANDING STEERING COMMITTEE PARTICIPATION AGREEMENT BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,, TEXAS: I. The Town Manager or designee is hereby authorized to execute the Standing Steering Committee Participation Agreement, a substantial copy of which is attached as Attachment 1. II. Naming Mike Land Town Manager [NAME] [TITLE] P.O. BOX 307 [ADDRESS] Prosper , Texas 75078 , as the Town of Prosper's [CITY] [ZIP CODE] [CITY] Steering Committee representative to receive notices and carry out the responsibilities set forth in Attachment 1. Authorizing the payment of the initial participation of 100 per capita, according to Town's population shown in the TML Directory of Texas Town Officials. IV. Directing that a certified copy of this resolution and the approved participation fee be sent to: Jay Doegey City of Arlington Post Office Box 231 Arlington, Texas 76004-0231 PRESENTED AND PASSED on this the day of , 200_, by a vote of ayes and nays at a regular meeting of the Town Council of the Town of , Texas. ATTEST: Signature Printed/Typed Name [signature] [title] . M O]� WOMMIN06301,1151 [name] [title] BY: (2) THE STATE OF TEXAS § STANDING STEERING COMMITTEE COUNTY OF COLLIN § PARTICIPATION AGREEMENT THIS Agreement is made and entered into on this the day of , 200_, by, between and among the TOWN OF PROSPER, TEXAS ("TOWN") and member cities of the STANDING STEERING COMMITTEE ("SSC"). This Agreement is authorized by the Texas Interlocal Cooperation Act (V.T.C.A. Texas Government Code, Chapter 791), and other authorities. WITNESSETH: WHEREAS, the cities in the service area of Oncor Electric Delivery Company (formerly TXU Electric Delivery Company and Texas Utilities Electric Company) have worked together collectively in a coalition to participate in the regulatory process to assure electric rates charged were just and reasonable; and WHEREAS, the nature of electric utility regulation is undergoing substantial change as a result of state and federal legislation; and WHEREAS, there remains a need for cities to cooperate to assure the public interest is protected and electric and other utility rates are just and reasonable; and WHEREAS, regulatory changes now require quick response in order to have meaningful input into the ratesetting process; and WHEREAS, it is necessary to provide adequate resources to enable cities to act quickly, decisively, and jointly on electric utility regulatory developments; NOW THEREFORE, In consideration of the premises, agreements, covenants and promises set forth herein, it is agreed as follows: 1. Standing Steering Committee Membership and Executive Committee The TOWN and the member cities hereby form the Standing Steering Committee ("SSC"). Each member city shall, by action of its governing body, approve its membership in the SSC and designate its representative to receive notices and participate in and vote at SSC meetings. The SSC shall be composed of all cities paying the current nonrefundable membership fee. The membership fee shall be established from time to time by the Executive Committee. The fee for the initial period (approximately one year) is 100 per capita, according to the TOWN's population listed in the most recent Texas Municipal League Directory of Texas City Officials. The members shall elect an Executive Committee consisting of no more than twenty (20) persons which shall function as the Board of Directors. The Executive Committee shall at least include a representative from all member cities with a population greater than 100,000, according to the most recent Texas Municipal League Directory of Texas City Officials. The remainder of the representatives shall be selected based upon diversity of geographic location and city population size. Each city on the SSC and each city on the Executive Committee shall have one vote, respectively. Meetings of the Executive Committee shall be open to each city on the SSC whether or not it has a representative on the Executive Committee. 2. Powers of the Executive Committee The TOWN and the member cities delegate to the Executive Committee the power to intervene on behalf of SSC member cities in electric projects, rulemaking, rate case, and related dockets and appeals thereof, represent the interests of cities in utility matters before state and federal legislative bodies and to pay for such activities. A member city may subsequently request and cause its party status to be withdrawn from such activities. The Executive Committee shall fix the amount of the membership fee from time to time. 3. Election of Officers The Executive Committee shall elect a chair and any co-chairs as it deems necessary who shall serve at the pleasure of the Executive Committee. The Executive Committee shall also elect a secretary/treasurer. 4. Powers of the Officers Each officer elected shall serve at the pleasure of the Executive Committee up to a term of four (4) years. The Executive Committee shall elect or re-elect officers at least every four (4) years. Unless terminated by the Executive Committee or the respective city governing body, the officer shall perform the duties of office until a replacement has been elected. Meetings of the Executive Committee and SSC shall be upon call of the chair or two (2) members of the Executive Committee. The Executive Committee shall meet at least annually. The chair is authorized by action of the Executive Committee to engage consultants and attorneys and to pay for such services. 5. Termination of Membership A city may terminate its membership by action of its governing body, or if said city fails to pay its membership fee in full within one -hundred eighty (180) days after notification of fee due. A city is considered notified on the day written notice is sent to its last designated representative on file with the secretary/treasurer. 6. Money Held in Trust The officers shall hold and manage all money collected in trust for the benefit of the member cities collectively. Officers may establish prudent fund accounts that accumulate funding for activities and to pay authorized expenses. Officers shall serve without pay, but may be reimbursed reasonable out-of-pocket expenses as approved by (2) the Executive Committee. TOWN may request and receive a statement of SSC revenues and expenses each year. 7. By entering into this Agreement, TOWN affirms that it is paying for the performance of governmental functions or services from current revenues available. The payments made under this agreement fairly and adequately compensates the SSC for the services or functions performed under the contract. 8. Legal Construction In case any one or more of the terms, provisions, phrases or clauses contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall be construed as if such invalid, illegal or unenforceable portion had never been contained herein. 9. Entire Agreement This contract embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties. 10. No Other Obligations By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 11. Immunity It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor SSC waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 12. Authority The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto, and each hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. (3) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated above. TOWN OF PROSPER, TEXAS STANDING STEERING COMMITTEE BY: BY: Signature Signature Printed/Typed Name Title ATTEST: TOWN SECRETARY Signature Printed/Typed Name Printed/Typed Name Title (4) ISPER i OWN OF To: Mayor and Town Council From: Matthew B. Garrett, Finance Director Cc: Mike Land, Town Manager ADMINISTRATION Re: Suspension of Oncor Rate Increase Request Agenda Item• Consider and act upon a resolution suspending the August 8, 2008, effective date of Oncor Electric Delivery Company requested rate change to permit the city time to study the request and to establish reasonable rates; approving cooperation with Oncor Cities Steering Committee to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals. Description of Agenda Item: Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about June 27, 2008 with cities retaining original jurisdiction seeking to increase system -wide transmission and distribution rates by $275 million. (Until last year, Oncor was known as TXU Electric Delivery Company.) The Company asks the Town to approve a 17.6% increase in residential rates, a 9.1% increases in commercial rates, and a 5.8% increase in street lighting rates. According to Oncor, annual rates would increase by approximately $60 for an average residential customer. The resolution suspends the August 8, 2008 effective date of the Company's rate increase for the maximum period permitted by law to allow Prosper, working in conjunction with the Steering Committee of Cities Served by Oncor, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The law provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the Town to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the Town fails to take some action regarding the filing before the effective date, Oncor's rate request is deemed administratively approved. Item No. 14 Page 1 of 2 Budget Impact• Rates directly related to the suspension will be deferred until later agreed upon. While these rates are not yet determined, the Town will be saving money initially by suspending an increase and will also likely negotiate a more favorable rate increase once the process is concluded. Legal Obligations and Review: The suspension submitted was authored/reviewed by Lloyd, Gosselink, Blevins, Rochelle & Townsend P.C. representing the Oncor Cities Standing Steering Committee. Attached Documents: Proposed Resolution Board, Committee and/or Staff Recommendation: Staff is recommending that the Town elect to suspend the proposed Oncor rate increases for 90 days following the otherwise effective date of August 8, 2008. Item No. 14 Page 2 of 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SUSPENDING THE AUGUST 8, 2008, EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ONCOR CITIES STEERING COMMITTEE TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE WHEREAS, on or about June 27, 2008, Oncor Electric Delivery Company (Oncor), pursuant to PURA §§ 33.001 and 36.001 filed with the City of a Statement of Intent to increase electric transmission and distribution rates by $275 million in all municipalities exercising original jurisdiction within its service area effective August 8, 2008; and WHEREAS, the City of is a member of the Oncor Cities Steering Committee ("Steering Committee") and will cooperate with the 109 similarly situated city members and other city participants in conducting a review of the Company's application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF , TEXAS: 1. That the August 8, 2008 effective date of the rate request submitted by Oncor on or about June 27, 2008, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 2. As indicated in the City's resolution approving membership in the Steering Committee, the Executive Committee of Steering Committee is authorized to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations regarding reasonable rates, and to intervene and direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Public Utility Commission. 3. That the City's reasonable rate case expenses shall be reimbursed by Oncor. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this resolution shall be sent to Oncor, care of Debra Anderson, Oncor Electric Delivery Company, 1601 Bryan St., Suite 23-055C, Dallas, Texas 75201 and to Geoffrey Gay, General Counsel to the Oncor Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. ATTEST: Mayor, City of 2 ;1SPER OWN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager CC: Re: Town Council Meeting — July 22, 2008 Date: July 18, 2008 Agenda Item: Discuss and give direction on the potential location of the new Post Office for Prosper. Description of Agenda Item: Please review the attached letter from the United States Post Office concerning this issue. Staff understands that three sites are being considered by the Post Office to be their eventual new location. The three sites are located in downtown Prosper off of Broadway west of Main St., on First St. between Craig and Preston Rd. due east of the Prosper Bank, and off of First Street near its intersection with Hayes, in the Town Center commercial development. For discussion purposes the following is provided for you to consider as you formulate a possible recommendation to the Post Office. DOWNTOWN SITE: Pro: • Brings people downtown • In close proximity to existing location • Central to the Town • Could possibly spur economic development downtown due to increased traffic Con: • Increases vehicular traffic downtown demand on old and undersized roadway system • Architecture will not match downtown standards • Eliminates potential retail use of the property • Screening will most likely not comply with Town standards Agenda Item No. 15 - Page 1 of 3 PROSPER STATE BANK ALTERNATE SITE ISSUES: Pro: • Central to the Town • Close to Preston Road • Typical architecture for the Post Office would not have a dramatically different appearance from surrounding developments. (Architecture will not have to meet downtown or Prosper Town Center standards.) Con: • Access limited from future widening of First Street (no median opening) • Eliminates potential retail use of the property • Will increase traffic congestion with Rucker Elementary PROSPER TOWN CENTER: Pro: • Central to the Town • Close to Preston Road • Easy access off of First Street and Hayes Road • Could spur economic development on the east side of Prosper Town Center Con: • Architecture will not match Prosper Town Center standards • Eliminates potential retail use of the property Budget Impact: NA Legal Obligations and Review: NA Agenda Item No. 15 - Page 2 of 3 Attached Documents: 1. Letter from the US Post Office requesting input and direction from the Town Council regarding the preferred location for the to be constructed US Post Office. Town Staff Recommendation: Town staff recommends that the Town Council consider and recommend one of the three sites being considered for the potential location of a new U.S. Post office for the Town of Prosper. In reviewing the issues related to all three sites, the downtown site is appealing because of what it could do for the commitment to the traditional downtown of the Town. On the other hand if it is not constructed in accordance with the Town's downtown standards it would be a significant missed opportunity to help reinforce the commitment the Town has made to the architectural standards for this area. The site due east of Prosper Bank on the north side of First St. has one significant challenge that is two fold. The main issue with this site is the planned restricted access off of First St. once it becomes a 4 lane divided roadway between Craig and Preston. The location of the intersections in this specific are do not have enough spacing between them to accommodate the needed left turn lanes for Preston and Craig therefore eliminating the possibility of a median opening, thus the somewhat restricted access. Of the three sites it appears that the Town Center site allows for the greatest flexibility from a design and access/egress standpoint. Agenda Item No. 15 - Page 3 of 3 SOUTHWEST FACILITIES SERVICE OFFICE F 7U •) : ' 11 • i •7' 1 June 25, 2008 Honorable Mayor Charles Niswanger and City Council of Prosper Texas PO Box 307 Prosper TX 75078-0307 RE: Community Relations - Site Review Prosper, Texas 75078-9998 - Main Post Office Dear Mayor Niswanger: The Postal Service as a follow-up to the December 5, 2007 meeting with you and the City Council Meeting on December 11, 2007 would like to report the following locations are being considered by the Postal Service. Please provide any comments in to the Postal Service before July 25, 2008. The following Address may be used: BILL McMURRY USPS SW FSO PO BOX 667180 DALLAS TX 75266-7180 If you have any questions, please contact me at (214) 819-7222. Sincerely, William L. McMurry Real Estate Specialist Enclosure PO Box 667180 DALIAS TX 75266-7180 TEL: (214) 819-7222 FAX: (214) 819-7290 Sites Considered Contending Sites Site 1 Location North side of First Street, adjacent to and east of the Prosper Bank Site includes a 19 foot access easement from Craig Street Size Approximately 60,402.36 square feet Site 2a Location Along the northern boundary of Town Center Shopping Center, adjacent to the eastern edge of the existing Town Center development. Size Approximately 130,000 square feet, offered to reduce size down to 2 acres, if USPS preferred. Site 2b Location The west side of Hayes Street (County Road 77) and along the northern boundary of the Town Center Shopping Center Size Approximately 130,000 square feet, offered to reduce size down to 2 acres, if USPS preferred. Site 2c Location The northwest corner of Hayes Street (County Road 77) and First Street Size Approximately 130,000 square feet, offered to reduce size down to 2 acres, if USPS preferred. Site 3a Location Northeast corner of Broadway Street at McKinley Street, additional frontage on 5th Street Size Approximately 75,000 square feet Site 3b Location Northeast corner of Broadway Street at McKinley Street, additional frontage on 5th Street Size Approximately 87,120 square feet t p TOWN ER To: Mayor and Town Council ENGINEERING From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Re: Town Council Meeting — July 22, 2008 Date: July 18, 2008 Agenda Item: Discuss and update the Town Council on the design revisions to the Highland Meadows Drainage Project. Description of Agenda Item: On May 8, 2007, staff discussed with the Town Council the drainage situation in the Highland Meadows Subdivision where an existing drainage channel located along the rear of the properties fronting Fair Oaks is unable to handle the existing drainage from the south as well as from the adjacent properties. Due to the necessity to expedite this project, an engineering services contract in the amount of $9,650 for this work was ratified by Town Council at the June 12, 2007, Town Council Meeting. The design for the original project was complete in July 2007 and the project was advertised for bids in anticipation of a bid award to be acted upon by the Council at the August 14, 2007, Town Council Meeting. Unfortunately there were no bidders on the project the first or second time it was advertised. On October 9, 2007, the Town Council rejected a single bid received the third time it was advertised due to the significant cost proposal received versus the funds allocated. On November 19, 2007, Town staff attended an HOA meeting where another drainage issue was discussed; that issue being that another drainage channel located west of Blue Forest Drive has continual standing water in it and needed immediate attention. Staff immediately met with the design engineer on -site and it found what appeared to be an underground spring providing a source of constant water making that channel difficult to maintain. It was determined that in order to address this issue and any other potential drainage problems in the subdivision, additional engineering design was needed to evaluate all the drainage ditches in the subdivision and plans provided to adequately bid/build any proposed improvements. On March 25, 2008, Town Council approved a design change order in the amount of $9,525 to RLK Engineering for the additional work to include a concrete pilot channel in the drainage channel west of Blue Forest Drive along with additional channel grading east of Blue Forest Drive to the north of Fair Oaks. These design revisions are complete. The Public Works Department performed some minor grading work on July 20, 2007, and March 17, 2008, to help alleviate some of the ponding problems. At this time, the relocation of the fences located in the drainage easement is complete and the Public Works Department is working with a contractor to perform a portion of the original design grading necessary to address the most immediate flooding concerns by the end of July 2008. Due to the size of the Agenda Item No. 16 - Page 1 of 2 design revisions to the subdivision along with the remaining original design work of the channel behind Fair Oaks not being completed by the Public Works Department contractor, staff anticipates that when this new combined project is bid, the Town will receive a positive turnout of potential bidders. Budget Impact: The cost to construct the additional improvements in the subdivision along with the remaining channel work behind Fair Oaks, not being completed by the Public Works Department contractor, is estimated to be around $275,000 and is currently unfunded. Legal Oblinations and Review: N/A Attached Documents: The following documentation is being provided for review: • Opinion of Probable Costs Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council discuss and direct staff on whether or not to proceed with funding and bidding the revised Highland Meadows Drainage Project. Agenda Item No. 16 - Page 2 of 2 �� W AW� 6136 Frisco Square Blvd.: Ph: 1214)619-1733 Suite 325 - ax: 12. Texas -18 33 Fax: 12141b14-1833 1 F ! West Main Street - Allen, Texas 75013 NMVAII�Nw Ph: (972) 359-1733 Fax. (972) 359-1833 Opinion of Probable Construction Cost Date: July 9, 2008 Client: Town of Prosper Project: Highland Meadows 601 W. Fifth Street Drainage Improvements Prosper, TX 75078 Engr. Project #: 07045F Project Manager: Chad A. Pendley, P.E. Contact: Hulon Webb, P.E. Project Desc: Drainage Improvements Item # Item Description Unit CostlUnit QtY Total Item Cost P1 Prep. Right-of-way LS $20,000.00 1 $ 20,000.00 P2 Channel Excavation (Haul Off Condition) CY $ 16.00 3300 $ 52,800.00 P3 Embankment CY $ 10.00 110 $ 1,100.00 P4 Concrete Channel With 6" Integral Curb SY $ 60.00 1350 $ 81,000.00 P5 Stone Riprap SY $ 75.00 150 $ 11,250.00 P6 Adjust Ex. Septic Spray Heads LS $ 2,000.00 1 $ 2,000.00 P7 Soil Retention Blanket SY $ 2.00 1000 $ 2,000.00 P8 Project Erosion Control - Silt Fence LF $ 5.00 1250 $ 6,250.00 P9 Project Erosion Control - Rock Filter Dam LF $ 50.00 100 $ 5,000.00 P10 Topsoil - 3" Depth CY $ 8.00 1120 $ 8,960.00 P11 Block Sod SY $ 4.00 13300 $ 53,200.00 P12 Lower Existing 12" Water Line LS $ 3000.00 1 $ 3,000.00 Project Subtotal $ 246,560.00 10% Contingency $ 24,656.00 Total Project Cost $ 271,216.00 This pre -bid opinion of probable construction cost has been prepared based upon limited existing information available and is subject to change upon desi n completion. This opinion of construction cost was prepared by John Elliott on July 9, 2008. t p T SPER. To: Mayor and Town Council ENGINEERING From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer CC: Mike Land, Town Manager Re: Town Council Meeting — July 22, 2008 Date: July 18, 2008 Agenda Item: Consider and act upon bid proposal for the US 380 / Coit Road Right Turn Lane and take any action necessary. Description of Agenda Item: With the opening of the new middle school along Coit Road north of US 380 school bus traffic is anticipated to travel US 380 and turn right on Coit Road. Currently along US 380 there does not exist a dedicated right turn lane at Coit Road, only a small shoulder not intended to be utilized as a turn lane. Town staff discussed this proposed turn lane improvement with the Texas Department of Transportation (TxDOT) Collin County Area Engineer in April 2008 and they agreed to provide the engineering services necessary to design the improvements in exchange for the Town constructing the improvements. On July 14, 2008, two (2) bids were received, one from JRJ Paving in the amount of $75,028.39, and the other from Reynolds Asphalt in the amount of $118,080. The construction estimate from TxDOT was approximately $40,000. TxDOT is also in the process of designing multiple turn lane projects along Custer Road and Preston Road for the Town of Prosper that are anticipated to be complete in September 2008. In order to potentially save money, the US 380 / Coit Road Right Turn lane could be rebid with those improvements. Those improvements include the following: • Custer Road (FM 2478) o Northbound Left Turn Lane at First Street o Northbound Left Turn Lane at Prosper Trail • Preston Road (SH 289) o Southbound Right Turn Lane at Broadway o Southbound Right Turn Lane at First Street o Northbound Right Turn Lane at First Street Budget Impact: The $75,028.39 cost for constructing the right turn lane is currently unfunded. Agenda Item No. 17 - Page 1 of 2 Lenal Obligations and Review: The contract is a standard construction contract previously approved by the Town Attorney. Attached Documents: The following documentation is being provided for review: Bid Tab —1 page Copy of Contract Agreement —1 page Resolution authorizing the Town Manager to execute the agreement Board. Committee and/or Staff Recommendation: Town staff recommends that the Town Council 1) reject the bid on July 14, 2008, for the construction services for the US 380 / Coit Road Right Turn Lane and 2) direct staff to include the project with the upcoming Preston Road and Custer Road Turn Lane Improvements Project with the understanding that the construction of the US 380 / Coit Road Turn Lane will not be complete prior to the first day of school on August 25, 2008. Alternate Motion: 1) approve the bid to JRJ Paving LP, in the amount of $75,028.39, 2) enter into a contract agreement with JRJ Paving LP, regarding the construction services for the US 380 / Coit Road Right Turn Lane and 3) approve a resolution authorizing the Town Manager to execute the same Agenda Item No.17 - Page 2 of 2 Q O �c 0 u Q 00 LLN M a (A H 0 a Z C Q Z W O 4 ~ v Z CC r� o000 Lntn00000000000 p O N r\ tD -' N 00 o 0 M to O O to to 0 L 0-0 O N M ri ri O ci N tD O 4 Ln O m to 4 tD O. 0) N i r r-i N� O O Ln 0 tD qt tD 00 N M 00 N t 0] E Mr, O 4 r,O N M N to tD O N M M G1 n Q ` C w to V', C tD M r r-I N 00 G1 44q, 4.4 4.4 t4 t4 4.4 N O C4 Vj- of i iM O Q U m 66 tr H i' O O O O Ln Ln O O O O O to 00 to to 0 C O O O 01 r, N O O o 0 M to cc n 01 V--i C O O N ri M O 4 to o0 O O ri N 0 N ri M O N tD v,,. r\ ri m O N O v,,. 4.n M Gl v-,. v-,. ri Q O 4.4 t4 VIP. 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CC G W m> J J 0 <] cc G W m m m m W CO N ri O N ri tD ri ri 00 ri N tD � W N ri N 0 O O O O O O Ln r-i IRT 0 ri M Ln G1 ri 0 Z O O N O O O O O O O O O O O O O N N N N N N N N N N N N N N N N y 0 0 N N 00 0 0 0 0 0 tD tD tD tD N r\ R. a� M IRTon �O r-i cn rl rm-i N N M t tD tD tD tD tD to ton O O O O 00 ri ri Ch M 00 N O 1f1 n N W u cc a J 0 STANDARD FORM OF AGREEMENT STATE OF TEXAS § COUNTY OF § y THIS AGREEMENT, made and entered into this day of A.D., 20 , by and between of the County of a�o' State of Texas, acting through thereunto duly authorized so to do, Partyc f the First �4rt, hereinafter termed the OWNER, and of the City of CouhhLof ;, and State of TEXAS, Party of the Second Part, hereinafter termed CONTRACTO . WITNESSETH: That for and in con ' eration o ,.the payments and 'agre ents hereinafter mentioned, to be made and performed by the O oTft Firat,Part (OWNER), and un the conditions expressed in the bonds bearing even date lIerewith, the s`4d Pity of the Second Pad (C CTOR) hereby agrees with the said Party of the Fimt,Part (OWNER) 0a commence and complete the co truction of certain improvements described as followt: US 380 / Coit Road FhahLTdrn Lane and all extra work in con tfiere un� the terrrilps meted in the Construction Plans; and at his (or their) own proper costa expense to ish the rri*riats, supplies, machinery, equipment, tools, superintendence, labor, urance, and otheNgcce�ories aN. services necessary to complete the said construction, in accordaric with the conditions Aid prices stat4k in tle-�oposal attached hereto, and in accordance with all the Cron truction Plans, attached he'kto, which'�nclod s all maps, plats, blueprints, and other drawing$ and prin*d 4pr written explanatory Tatkr thereof' end the Specifications therefore, as prepared by t6'Texas De rtnV nt of Transportation, he(eir% entitled- `ie ENGINEER, each of which has been identified p-yjjg. _CONTRAC,TOR end the ENGINEER, 6U 0 which are made a part hereof and collectively evidencdg d constittikpe eh ire cWtract. i The CONTRACTOR hereby, agre",to commenc Work on or after the date established for the start of wor} 'a� set forth in a written notice tbommfnce. d to substantially complete all work within the time stated i the Proposal. — 4 \The,OWNER agrees to pay t CONTRACTOR in current funds the price or prices shown in the proposal, whi�h forms a part of this C tract. N&,assigngent by a party h 'to of any rights under or interests in the Contract will be binding on another partk,4,eretd without the wrj'KV consent of the party sought to be bound; and, specifically but without limitation, mone"at MW.beeorneAue and moneys that are due may not be assigned without such consent (except to the exten ►ai<t# a e,#W of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Proposal and Construction Plans OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Proposal and Construction Plans. Any provision or part of the Proposal and Construction Plans held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Proposal and Construction Plans shall be Contract Agreement 00500-1 reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: By Party of the F#st Part, OWNER Sig Name dry Title (phase t�" or print) (SEAL) r` ATTEST: �.-- .� •.` Pai 1 f the Second Part, MO AACTOR Signature Name and Title b 06ase type or print) `Y (SEAL) Contract Agreement 00500-2 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 CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES FOR THE US 380 / COIT ROAD RIGHT TURN LANE, BETWEEN JRJ PAVING LP, 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 contract agreement for construction services for the US 380 / Coit Road Right Turn Lane, between JRJ Paving, LP, and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 22"d day of July, 2008. Charles Niswanger, Mayor ATTEST TO: Matthew Denton Town Secretary '��` ADMINISTRATION TOWN OF SPE To: Mayor and Town Council From: Matthew B. Garrett, Finance Director Cc: Mike Land, Town Manager Re: Update to Town's Financial Institution Authorized Signature List Agenda Item• Consider and act upon a resolution authorizing individuals named in the resolution to endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with the Financial Institution named in the resolution and exercise all of the powers listed in the resolution. Description of Agenda Item: An update to our list of individuals authorized to endorse checks is required given changes to the Town Council. Budget Impact• None Legal Obligations and Review: None Required Attached Documents: None Board, Committee and/or Staff Recommendation: Staff is recommending that the Town designate the Mayor Charles Niswanger, Mayor Pro Tem Ray Smith, Town Manager Mike Land and Town Secretary Matthew Denton to complete such duties. Item No. 18 Page 1 of 1 I p T SPER. To: Mayor and Town Council From: Wade Harden, Senior Planner PARKS & RECREATION CC: Mike Land, Town Manager Hulon T. Webb, Jr., PE., Director of Development Services / Town Engineer Re: Town Council Meeting — July 22, 2008 Date: July 18, 2008 Agenda Item: Consider and act upon 1) a User Agreement with the Prosper Area Soccer Association, regarding the use of Folsom Park for organized practices; and 2) adopt a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: The Folsom Park improvements are scheduled to be completed by early August. The project will provide area residents with new recreational opportunities including the option of using the facility for organized athletic team practice. Following collaboration with the Town Parks Board (PARBd), Town Council and the LaCima Home Owner's Association (HOA) Advisory Board, staff has drafted an agreement for the use of the fields for organized team practices. The agreement specifically addresses the following — 1. Town's right to control the use of the field for organized team practice. 2. The required parking locations for patrons of the User. 3. User's requirement to inform its patrons concerning the required parking location. 4. The use of trash receptacles on -site. 5. The placement of restroom facilities being prohibited. 6. The use of the sports field lights is restricted to Monday thru Friday to 9:00 P.M. during the game season (note: over -ride timers will shut off lights at 9:00 P.M.). 7. Establishes communication between the User and Town regarding concerns with the Park and the use of the Park. 8. The use of the site for practice functions only, no game play is permitted. Budget Impact: There are no significant budget implications associated with the approval of this agreement. Legal Obligations and Review: The agreement has standard language as with previous agreements reviewed by the Town Attorney. Agenda Item No. 19 - Page 1 of 2 Attached Documents: • User Agreement • Resolution authorizing the Town Manager to execute the agreement. Board. Committee and/or Staff Recommendation: The use of Folsom Park was discussed at the June 19th PARBd meeting. The PARBd recommended an agreement be drafted to address to specific issues regarding the use of the park. Town staff recommends the Town Council approve 1) a User agreement with the Prosper Area Soccer Association; and 2) a resolution authorizing the Town Manager to execute the same. Agenda Item No. 19 - Page 2 of 2 FOLSOM FIELD USE AGREEMENT This 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 Area Soccer Association (P.A.S.0)., (hereinafter described as the "User"), on the terms and conditions hereinafter set forth. WHEREAS, the Property is adjacent to Folsom Elementary School, 10.9± acres, more or less, described as Lakes of La Cima, Phase Three, Block 36, Tract 2X as shown on the attached Exhibit "A"; WHEREAS, the Town has determined that a special use agreement for the use of open space at the Folsom Park location is needed for the benefit of the Town and its citizens; WHEREAS, the Town has designated Folsom Park as a Neighborhood Park intended for, but not limited to passive recreational uses and for organized team sports practice area. The use of the park for scheduled organized game play is not an appropriate use at the Folsom Park location and shall be prohibited; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Obligations. A. Obligations of Town. i) Town shall reserve the right to prohibit the use of Folsom Park by any single team or all teams for the use of organized practices, if it deems it in the best interest of the Town. B. Obligations of the User i) The User shall require all of its patrons to use the Folsom Park parking facilities designated within Exhibit A. At no time shall the User's patrons use on -street parking facilities during scheduled practices for organized team sports. ii) The User shall make all reasonable efforts to inform its patrons of the designated Folsom Park parking locations. Verbal communication, newsletters, and flyers should be considered as part of the process to inform patrons of the User. iii) User shall make every effort to keep the Folsom Site free of litter from use by its patrons. Trash receptacles are provided by the Town for the User's patrons. iv) At no point in time shall the User locate temporary or permanent restroom facilities within Folsom Park. Page 1 of 5 v) The sports field lighting may be operated Monday through Friday for team practice during the game season. At no point in time shall the sports field lighting remain in use following 9:00 P.M. at any point during the week. The User shall not operate the sports field lights on Saturday or Sunday. vi) User shall not schedule the Folsom Park location for any game play. The site shall be used for practice functions only. C. Joint Obligations of the Parties. i) To keep the Park and its users in harmony with the surrounding neighborhood, the Town and the User shall maintain communication regarding the Park and its use. 2. Rules and Regulations. Use of the Park not specifically outlined as part of this agreement must comply with the Town's Comprehensive Parks Ordinance as existing or amended. A. Liability i) Town shall not be liable for any damage or injury to the persons, business (or any loss of income), goods, inventory, furnishings, fixtures, equipment, merchandise or other property of the User, User's employees, invitees or licensees, whether the damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or wind; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, or lighting fixtures or any other cause; (c) conditions arising on or in the Park, or from other sources or places; or (d) any act or omission of the User. Town shall not be liable for any damage or injury even though the cause of or the means of repairing the damage or injury are not accessible to User. Town does not waive its right of sovereign immunity by entering into or performing the terms and conditions of this Agreement. ii) User does not waive its right of sovereign immunity by entering into or performing the terms and conditions of this Agreement. B. Compliance with the Law. i) Parties will insure that all operations and vendor activities will comply with applicable federal, state and local laws. User and Town will not be responsible for the compliance of third parties with this provision. 3. Incidents. All accidents to persons or damage to the fields / field equipment by the User's patrons shall be reported by the User receiving the report of the accident or damage to the other party verbally within twenty-four (24) hours, verbal notice may include leaving a voice mail message at the contact numbers identified in paragraph 6 below, and in writing within three (3) business days from the date of such accident or damage. Page 2 of 5 4. Default. Failure of a party to abide by any of the terms and conditions of this Agreement shall constitute an Event of Default. The defaulting party shall have ten (10) days from the date of notice within which to cure the default. The non -defaulting party shall have the right to immediately terminate this Agreement. 5. User and Town Council Approval. This Agreement is entered into by Prosper Area Soccer Association (P.A.S 0 approved by its Board of Trustees dated , 2008, authorizing the Chairman to execute the same on behalf of the Prosper Area Soccer Association., and by Town pursuant to a resolution passed by Town Council dated 2008, authorizing the Town Manager to execute the same on behalf of the Town of Prosper. 6. 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 User: Prosper Area Soccer Association Attn: Lloyd Mills P.O. Box 1207 Prosper, TX 75078 Telephone: 972-562-0684 To Town: Town of Prosper Town Manager P.O. Box 307 Prosper, Texas 75078 Telephone: 972-346-2640 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. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable 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 User. F. Non -Transferable. Neither party hereto shall sublet, transfer or assign any of its rights hereunder to a third party. Page 3 of 5 G. Cumulative Remedies. All rights and remedies of Town and User 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 User 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 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 User 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 User and which by the exercise of due diligence Town or User is unable, wholly or in part, to prevent or overcome. Page 4 of 5 Attest: Matt Denton, Town Secretary TOWN OF PROSPER, TEXAS Im Mike Land, Town Manager Date: PROSPER AREA SOCCER ASSOCIATION Im Lloyd Mills, P.A.S.O. Chair Date: Page 5 of 5 EXHIBIT "A" me SomeNj\\ems 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 USER AGREEMENT BETWEEN PROSPER AREA SOCCER ASSOCIATION, 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 user agreement between Prosper Area Soccer Association, and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 22"d day of July, 2008. Charles Niswanger, Mayor ATTEST TO: Matthew Denton Town Secretary