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08.12.2008 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, August 12, 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: a. Section 551.072 Deliberations regarding real property for parks and recreation. b. 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 MRgUTES a. Consider and act upon minutes from the following Council meetings. (MD) July 21, 2008 — Budget Work Shop July 22, 2008 — Town Council Meeting ORDINANCES, RESOLUTIONS. AND AGREEMENTS b. Consider and act upon an ordinance rezoning 0.31 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) C. Consider and act upon a resolution supporting the discontinuation of the diversion of transportation user revenues to non -transportation uses and the appropriation of all revenue generated from highway user fees and taxes to fund transportation projects. (ML) d. Consider and act upon a resolution setting the schedule for the involuntary annexations. (MD) e. 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) f. Consider and act upon a resolution calling for Public Hearing to be held on October 14, 2008 for the creation of the Tax Increment Refinancing Zone. (ML) Page 1 of 3 ANNEXATION PETITIONS g. Consider and act to accept a petition presented by Prosper Partners LP to set dates for two public hearings and call for a service plan for the voluntary annexation of approximately 121.281 acres of land generally located north of HWY 380 and +3640' west of the Dallas North Tollway. (MD) 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 an amendment to the Zoning Ordinance (Chapter 3, Sections 1 and 2) creating a definition and development standards for a Wind Energy System. (Z08-9). (CC) 9. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of approximately 11.925 acres of land located in the Collin County School Land Survey, Abstract No. 147, Collin County and being more generally located west of Coleman Street and +1750' south of Prosper Trail. (MD) DEPARTMENT ITEMS 10. Consider and act upon 1) award of bid of Prosper Road Improvement Project 2008, 2) enter into a contract agreement with low bidder Quality Excavation LTD, regarding the construction services for Prosper Road Improvement Project 2008 and 3) approve a resolution authorizing the Town Manager to execute the same. (FJ) 11. Submission of Budget and Budget Message by the Town Manager. (ML) 12. Consider and act upon a proposed tax rate for FY 2008-2009. (ML) 13. Consider and act upon a schedule for public hearings on the proposed FY 2008-2009 tax rate. (ML) 14. Town Manager Comments. 15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 16. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting wAa�kittAM U AUFVJe window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times,,4 �l ayd�tabti��s� > by the following date and time: Friday, August 8, 2008 at 5:00 p.m. and remained so posted at least 72 hours before said mee* tojj�t�((CA °��77 s /� ° do 4aiew QD.Denton;,TRMC : d Z Date Noticed Removed 40 Town Secretary e� °• 000,0�° ,ems ISM 2 d1rffXA (3 :1� 11 In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Govemment Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the Town Secretary's Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE. Page 3 of 3 PIOWN OF SPER 1. Call to Order / Roll Call. The meeting was called to order at 6:05 p.m. Roll call was taken by the Town Secretary. MINUTES Budget Work Session of the Prosper Town Council Prosper Fire Station 1500 E. First Street, Prosper, Texas Monday, July 21, 2008 at 6:00 p.m. Council present included: Mayor Pro -Tern Ray Smith, Turley, David Vestal, Meigs Miller, and Danny Wilson. Staff present included: Mike Land, Town Manager; Development Corporation; Matthew Garrett, Finance 2. Discuss the Town's FY 2008-2009 proposed budget. Town Secretary Pro-Tem ` enneth Dugger, Dave ;cutive Director-3.bf��the Economic iew Denton, Town'Secretary. answered questions for the Department's budget. 'urley to adjourn. vanger, Mayor Page 1 of 1 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 22, 2008 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro - Kenneth Dugger, David Vestal, Meigs Miller, and Danny Wilson. Staff present included: Mike Land, Town Manager; Hulon W Hardin, Senior Planner; Chris Copple, Senior Planner; Wayne Sn, Director; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Councilmember Meigs Miller. Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of Hulon Webb, Director of Development Services, a. public meeting regarding the Dallas;�N6ith Tollway Joe Jaynes, County Commissioner, gave`Ccquncil a SH 121 EXECUTIVE SESSION lirector of D i, ilding Official; events. Deputy Mayor Pro-Tem Services; Wade Garrett, Finance ie NoriliM x OTollway Authority would be holding a on July 24hat the Prosper High School Cafeteria. 4. RecessInto".tklosed,. Session `.n,.compliance Rwith Section 551.001 et. seq. Texas Government Code, toSection1087 t wo deliberate regarding economic development negotiations regarding the <Proosper West projects" Motioned by Deputy Mayor Pro-TEni Dugger, seconded by Mayor Pro-Tem Smith to recess into closed session. Motion avvrove46m-0. Council recessed into closed sessi6ffat 6:13 p.m. 5. Reconvene into Regular Session and take any action necessary as a result of the Closed Session. Motioned by Mayor Pro -Teem Smith, seconded by Councilmember Miller to reconvene into regular session. Motion approved 6-0. Council reconvened into regular session at 6:29 p.m. CONSENT AGENDA 6. Consent Agenda Page 1 of 6 MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) • 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 ofjHWY 380. (MD) C. Consider and act upon whether to direct staff to submit�,a written noticeappeal on behalf of the Town Council to the Development Services Departmentpursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by thePlanning & Zoning Commission on any site plan or preliminary site plan. (CC) ANNEXATION PETITIONS d. Consider and act to accept a petition presented by Charles sWinikates to set dates for two public hearings and call for a service plan f6r the voluntary annexat n of approximately 11.295 acres of land generally located west of Coleman 'treet. and +1750' south o. osper Trail. (MD) FINANCIALS { e. Consider and act upon the ,financial statements eliding June 30,2008. (MG) P. 10 f. Consider and act,,upon the Town's quarterly invv' estment report for the Quarter ending June 30, 2008. Motioned by Deputy Mayor Motion annroved,.6--O .. 7. There were no PUBLIC HEARINGS blic. by,T ayor Pro-Tem Smith to approve the consent agenda. S. 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) Chris Copple, Senior Planner, gave council background information on this item. Motioned by Councilmember Miller, seconded by Councilmember Wilson to open the public hearing. Motion approved 6-0. Page 2 of 6 Mayor Niswanger opened the public hearing at 6:32 p.m. Aaron Lenhart, property owner, answered questions for council. Motioned by Councilmember Vestal, seconded by Mayor Pro-Tem Smith to close the public hearing. Motion approved 6-0. Mayor Niswanger closed the public hearing at 6:33 p.m. Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Miller tmapprove the request to rezone 0.3f acre, located on the north side of First Street, 100f feet west of Field StrWfrom Single Family-15 to Downtown Office. V Motion approved 6-0. �, , .� h. DEPARTMENT ITEMS 9. Atmos presentation regarding service to the Town There was no representative for Atmos present to make a 10. Consider and act upon 1) an Interlocal DevelopmeuRAgreei various construction costs to the Prosper Independent School High School and 2) adopt a resolution*gtuizing the Town M Hulon Webb, Director of Development Services,oanejl background Motioned by Mayor Pro-Tem Dugger, seconded by Agreement regarding the reimbursement of various for the development of Prospere,Hig ',°School and 2) same. Motion approved 6-0. garding the reimbursement of for the development of Prosper to execute the same. (HW) ion on this item. ?rapprove an Interlocal Development Prosper Independent School District ing the Town Manager to execute the 11. Consider and act upon a prehiffi vy site plan o the Prosper Independent School District Bus Yard, Maintenance Facility, and, S all Animal:Building on a 73.8t acre tract, located north of the existing NowPros pwer Middle School, so1of the existing agriculture building. The property is zoned Single Fails-15. fD08-81.;GC.C1 Hulor W-6652' Director of Development Servi ,gave council background information on this item. Charles Stuber, IS . Board Presidgt, answered questions for council. George Dupont, P&`'ZjCommissioner, spoke against waiving the screening requirements. Dan Tolleson, PISD Boardfember, answered questions for council. Chris Blair, Sybil Lane, addressed the council regarding the proposed project. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Miller to approve subject to the following requirements: 1. The applicant revising the preliminary site plan to show a 24' wide fire lane north of the houses along Eighth Street in order to provide cross access to Coleman Street internally within the school site. 2. The applicant revising preliminary site plan to provide screening along the south side of the 24' wide fire land adjacent to the houses along Eighth Street and along the north side of Eagle Lane adjacent to Page 3 of 6 the residential properties. This screening shall consist of three (3) inch caliper evergreen trees on twenty (20) foot centers. 3. Council is waiving the perimeter screening requirement along the north, south, east and west sides of the bus yard, maintenance facility and small building. 4. Council is allowing the 6' vinyl chain link fence in lieu of the required 6' ornamental metal fence or clay fired brick wall. 5. Fire Department approval of all fire hydrants and fire lanes including widths, radii, construction materials. 6. Town Engineer approval of preliminary water, sewer, and drainage plans. Motion approved 4-0 with Mayor Pro-Tem Smith and Councilmember Wilson 12. Consider and act upon a site plan of the Prosper Independent Scool' 'strict Bus Yard, Maintenance Facility, and Small Animal Building on a 73.8f acre tract, , sated` north of the existing Prosper Middle School, south of the existing agriculture building. The propetys .is, zoned Single Family-15. (D08-18). (CC). Hulon Webb, Director of Development Services, gave council,l ffUground information on this` -item. Motioned by Deputy Mayor Pro -Tern Dugger, seconded by Mayor Pro-Tem Smith to approved subject to the following requirements. �• 1. The site plan being revised to reflect�the preliminary site plan�a a proved 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 engineerin plans d site plan b rtlie Town Engineer. 4. Town staff approval of the landscape °pIan sho • %the screening as required per the approved preliminary site plan. 5. Council is waiving3 the interior landscaping, .requirement £o • the bus yard, maintenance facility and small building. 6. Council is wiring the faraie plan submittal •requirement. Council is allowing the bus maintenance facility and ssm l��animal building to have a metal fa-ade in lieu of the required 100% masonry fagade. 7. The final plat of t e 73;8f ac e"'tract being recorded with Collin County prior to the Town's issuance of a Certificate of Occuuppancy for- e bgs yard,fmaintenance facility and small animal building. Motion approved 6-0. ;., .. r 13. 6onsider and act upon^, 4) entering'finto a Participation Agreement with Oncor Cities Standing Stee resing Committee and:.. N. resolution authorizing the Town Manager to execute the same. (MG) Matthew Garrett',4Vnance Director'gave council background information on this item. Motioned by Councilmember Millbr, seconded by Mayor Pro-Tem Smith to enter into the Participation Agreement with Oncor Cities StandingtSS�t'eering Committee. Motion approved 6-0. 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) Matthew Garrett, Finance Director, gave council background information on this item. Page 4 of 6 Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Miller to suspend the proposed Oncor rate increase for 90 days following the otherwise effective date of August 8, 2008. Motion approved 6-0. 15. Consider and act upon recommendations regarding the location of the future Prosper Post Office. (ML) Mike Land, Town Manager, gave council background information on this item. Motioned by Councilmember Wilson, seconded by Mayor Pro-Tem Dugger to submit. to the USPS the staff memo regarding the pros and cons of each proposed location for the Post Office. ^� Motion approved 6-0. 16. Discuss and update the Town Council on the design revision's to the . ighland Meadows Drainage Project. (HW) '\ Hulon Webb, Director of Development Services, gave council Council directed staff to wait to fund this project through 17. Consider and act upon bid proposal for the US 380 / necessary. (HW) on bond issues. Turn Lane and take any action Hulon Webb, Director of Development Services, gave council backgroundinformation on this item. Motioned by Mayor Pro-Tem Smith, seconded byEou!ftilMember Miller to appWovee the bid to RJR Paving LP, in the amount of $75,028.39, enter into a contract agreement with .1RJ Paving LPfiegarding the construction services for the US 380 / Coit Road Right Turn Lane and approve ar resolution authorizing r zing the Town Manager to execute the same. Motion approved 6-0. �•JAS7f_ 18. Consider and act on a reso ution 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 Institutio"nnamed in tl .resolution and exercise all of the powers listed in the Finance Mayor Nisvan ger stepped out of Motioned by Deputy ayor Pro- Niswanger, Mayor Pro `Tem Ra complete such duties. Motion approved 5-0. gave a'&&i background information on this item. Dugger, seconded by Councilmember Wilson to designate the Mayor Charles iith, Town Manager Mike Land and Town Secretary Matthew Denton to Mayor Niswanger steppedVback into the room. 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. (WH) Wade Harden, Senior Planner, gave council background information on this item. Mike McClung, 1400 Cedar Springs Drive, spoke regarding the proposed agreement. Page 5 of 6 Marcy Couturier, 871 White River, spoke regarding the proposed agreement. Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to table the item until the August 12, 2008 Town Council meeting. Motion approved 6-0. 20. Town Manager Comments. Mike Land, Town Manager, informed the council that he, Chief Tucker, Gary McHone, and Mayor Niswanger will be in Austin on July 24`h and 25`h to discuss the Town getting the PSAP designation tojecome an 911 call center. 21. Possibly direct Town Staff to schedule topic(s) for discussion at a 22. Adjourn. Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Mayor Motion approved 6-0. The meeting was adjourned at 8:17 p.m. Attest: Matthew D. Denton, TRMC Town Secretary ��: v is, -anger to Niswanger, Mayor Page 6 of 6 PLANNING PriSRPE 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 — August 12, 2008 Date: August 7, 2008 Agenda Item: Consider and act upon an ordinance rezoning 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). (Z08-11). Description of Agenda Item: At the July 22, 2008 meeting, the Town Council approved zoning case Z08-11 by a vote of 6-0. Town staff has prepared an ordinance rezoning the property. Budget Impact: There are no significant budget implications associated with the approval of this zoning request. Legal Obligations and Review: Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a zoning request and adopting an ordinance rezoning property. A public hearing has been held and the Town Council approved the zoning case. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. The Ordinance rezoning the property is attached. Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance rezoning 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. 6b — Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 08-_ AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 0.2813 ACRE, MORE OR LESS, LOCATED AT 509 EAST FIRST STREET, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF DOWNTOWN OFFICE (DTO); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Aaron Lenhart ("Applicant") to rezone 0.2813 acre of land, more or less, located at 509 East First Street, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendments to Zoning Ordinance No. 05-20, Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 0.2813 acre of land, more or less, located at 509 East First Street, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Downtown Office (DTO). The Property as a whole and for this zoning classification is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time -to -time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200) of the District to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 12th DAY OF AUGUST, 2008. APPROVED AS TO FORM: Charles Niswanger, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION. . Dallas Moming News — Collin County Addition a k a a (f I s W g = = W F-- a $8 v W LLJ N CD 0 00 CV O o0 a s N �a �g Pik; R 0 T V) > a HILL 0 r _ V a a m +IL o c i x Ix 89'6£1 ^ LO s V) a �M LO 10.00 S W a ,n - 8 V) z oil �� ILLIL co m > V) Z oo Z 6i o 0 0ti'6£ 1 E 3 .£Z,*ZAO N r- s V) P 15;,, I -a 21 1 i Nu LO fl;T I LO 13�LSNkiMVd Ilk EXHIBIT A SITUATED in the State of Texas, County of Collin and City of Prosper, being all of the tract as recorded in CC# 94-0028220, part of the right—of—way of First Street said premises being more particularly described as follows; BEGINNING at a point for corner marking the southeast corner of said premises, said corner being in the center of First Street; THENCE with said street and the south line of said premises, North 89'23'56" West, 88.32 feet to a point for corner marking the southwest corner of said premises; THENCE with the west line of said premises and departing First Street, North 00'24'23" East, 139.40 feet to a point for corner marking the northwest corner of said premises; THENCE with the north line of said premises, South 89'30'47" East, 87.37 feet to a point for corner marking the northeast corner of said premises; THENCE with the east line of said premises, South 00'01'07" West, 139.58 feet to the place of beginning and containing 0.2813 acres of land. ��4��•� (� �J U-91) ED THE HONORABLE DAVID E. DORMAN July 10, 2008 TO: TEXAS MAYORS AND COUNTY JUDGES As a fellow Texas Mayor, I have become increasingly concerned about the shortage of TXDOT funding. In February of this year, the news media bombarded us all with news that TXDOT might be facing an audit concerning possible accounting errors as discussions were peaking concerning funding for Texas Highways. TXDOT officials have initiated budget cuts and a freeze on some current and future road projects because of dwindling revenues. Just a few months ago, the Pew Research Center, issued a report acclaiming Texas as the fourth best -run state in the nation and acknowledging the benefits of State Legislature's performance budgeting system which resulted in spending less money per resident than any other state in the country. The Pew study praised TXDOT, but noted that the agency "is strapped for cash" resulting in putting off projects in order to maintain existing assets. On the surface, this appeared positive for the State until bores much deeper in the reality of the State budget. Over the years, cities and counties have been involved in a healthy competition for transportation resources... with the most needed projects typically securing funds. In the process, we have all learned more about statewide needs and how to justify our requests more thoroughly in order to win the "favor" of TXDOT and secure needed highway projects. In the process I believe we made our entire system better by sharing expertise and enhancing justification. Unfortunately, that system has disappeared for one simple reason! There are virtually no Funds to compete for; TXDOT has empty pockets. Many reasons can be identified including higher priced construction, increased maintenance requirements, accounting issues, a static gas tax .... and on and on. But there is an even more significant culprit to blame. The purpose of this discussion is to heighten your awareness of the most significant reason we are without highway funds and to serve as a "call to action" for all Cities and Counties and ultimately the public to join together to restore highway funding back. City of Melissa • P.O. Box 409 • Melissa, Texas 75454 • 972.838.1080 mayordorman@cityofinelissa.com Not paid for at taxpayer expenr, For many decades, Texas has been blessed with dedicated funds going into the Highway Fund which allowed TXDOT to build and maintain an enviable highway system for our state. We all contributed to Fund 6 with each gallon of gas purchased. Unfortunately, the purchasing power of the highway fund has been eroded. This has occurred partially as the result of inflation and the fact that the gas tax was not indexed to rise with the cost of gas or general inflation, but is a fixed amount per gallon. Gallons of fuel consumed have risen, but that rise has been the result of more people creating increased demand for highway lanes, which has failed to keep pace with inflation. Also, since the tax on gasoline has been static, the focus should have been on how to protect those dollars and use them to the fullest extent for the intended purpose. In fiscal 1986 the Legislature took a fairly inconspicuous action by appropriating $28.1 million of the Highway Fund (Fund 6) for non -highway related expenses. By the past fiscal year (2007), the non -highway related appropriations coming out of the Highway Fund had risen to over $1 billion, 3 times as great as the initial year. Thus, while inflation has eaten into the purchasing power of our dedicated highway dollars, it is even more frustrating to realize that our state legislature spent our highway money on non -highway expenditures. Just about everyone associated with government has heard the old saying "a million here and a million there.... pretty soon you have some real money". Well the real money has now become over $14 BILLION dollars.....enough that many crucial projects could have been easily funded with money the public thought was dedicated to roads. We do have a crisis in highway funding. It is a crisis that cannot possibly be resolved until the Legislature recognizes the significance of a basic public trust: Dedicated funds must be spent for the intended purposes. Many of the appropriations were no doubt "needed projects and services". The difference is that if the Legislature wanted to make those appropriations, other sources should have been used. In the early years, there appeared to be a surplus of highway funds, but as the years of dependence on "borrowed highway dollars" passed, so did the surplus highway dollars reaching the current level of TXDOT being "strapped" as the Pew report stated. Thus, our State is left without needed highways and no plan to get them except through toll project which, while needed, further contributes to the public road funding burden. While the legislature has taken the easy road by using our highway funds for other purposes in order to maintain lower expenditures and securing accolades for it performance budgeting system, the driving public suffers. It is apparent that the time for change has come and that true performance accountability be integrated into the system. Our highway fund revenues have steadily grown, but the acceleration of taking dedicated highway money for non -highway purposes has exploded as a percentage of the Highway Fund Revenue and as a the percentage of these funds spent for non -revenue purposes as compared to the growth of Total State Revenues. This does not mean TXDOT would have plenty of money for our road needs or that we would not still have need for some toll roads. It does mean, however, that proper stewardship of the state Highway Fund would have provided our citizens many more miles of required highways. 2 The major urban areas of Texas are dependent on quality transportation as is the economic growth and sustainability of our entire state. We must all work together and encourage the legislature to eliminate reliance on our highway funds to balance the budget. If projects are needed, they should be funded, but not from the life blood of our economic development and transportation system. Perhaps we were all complacent. A few million in 1986 may not have been a significant amount of highway projects and perhaps the legislature intended to `pay it back'. After all, Interfund borrowing is common .... so long as there is a mechanism to re -pay. A few years of complacency and the result is the painful realization that we desperately need that $14 billion for highways, but no effort has been made to return it to the Highway Fund. We must insist that the practice of using dedicated funds for other purposes terminate and we must all work together to hold the system and one another accountable. I trust you share my concern and will commit to work to reverse the Highway Fund dilemma by having your council put forth a resolution advising the Legislature that we, the governing bodies of the State of Texas, find the diversion of dedicated tax dollars unacceptable to the citizens of the State of Texas, and not only demand that they abolish the diversion from Fund 6, as well as use some of the surplus dollars that the Governor and the Controller have stated are available to pay this fund back. Every municipality and county in the State of Texas will be receiving this letter and a resolution for their governing body to consider. The goal will be to have these resolutions sent back to me so that we may hand carry them to the Senate Sub -Committee on Transportation prior to the 2009/2010 Legislature convening. Thank you for your time and I look forward to future dialogue with you all. We must all stand together! Sincerely, David E. Dorman Mayor, City of Melissa Encl: Resolution RESOLUTION SUPPORTING THE DISCONTINUATION OF THE DIVERSION OF TRANSPORTATION USER REVENUES TO NON -TRANSPORTATION USES AND THE APPROPRIATION OF ALL REVENUE GENERATED FROM HIGHWAY USER FEES AND TAXES TO FUND TRANSPORTATION PROJECTS. WHEREAS, The Texas Transportation Institute estimates that Americans spend 38 additional hours in travel time annually due to inadequate and undersized infrastructure; and WHEREAS, The additional congestions wasted 2.9 billion gallons of fuel and cost over $78 billion in time and fuel; and WHEREAS, The additional 38 hours in congestion equates to almost five vacation days that would be better spent with friends and family, an increase from 14 hours wasted in 1982; and WHEREAS, maintaining aging highway infrastructure throughout Texas and expanding the highway system for statewide connectivity and maintaining urban mobility requires far greater investment in transportation infrastructure than is possible with current transportation revenues; and WHEREAS, It is estimated that over $14 Billion dollars has been diverted from State Highway Fund 006 revenues since 1986; funds that are badly needed for infrastructure improvements to address infrastructure needs throughout the State of Texas; and WHEREAS, Because the quality of life for Texans today and in the future will not be measured by an increase number of hours in congestion, it is no longer sound public policy to divert existing transportation revenues to non -transportation uses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ; THAT The City of , Texas supports the discontinuation of the diversion of transportation revenues to non -transportation sources and the appropriation of all revenues from highway user fees and taxes to fund transportation. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF , TEXAS, ON THIS DAY OF 2008. MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: City Secretary ISPER OWN OF To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Cc: Mike Land, Town Manager Re: Involuntary Annexation Schedule Agenda Item• ADMINISTRATION Consider and act upon a resolution setting the schedule for the involuntary annexations. Description of Agenda Item: At their March 11, 2008 the Town Council approved a resolution for an Annexation Plan with the intent the Town would begin involuntary annexations for portions of the ETJ that are currently surrounded by the Town's limits. The attached resolution sets out the calendar of events which will be followed to accomplish the annexations. The key dates for the Town Council are: • October 14, 2008 - First Public Hearings • October 28, 2008 - Second Public Hearings • November 25, 2008 - Adoption of the Annexation Ordinances Also attached is a sample service plan that will be part of each annexation ordinance. Budget Impact• N/A Legal Obligations and Review: Town staff has consulted with the Town's attorney regarding the annexation schedule. Attached Documents: Resolution adopting a schedule for the involuntary annexations Sample Service Plan Annexation map Item No. 6d Page 1 of 2 Board, Committee and/or Staff Recommendation: Town staff recommends the Town Council approved the resolution adopting the schedule for the involuntary annexations. Item No. 6d Page 2 of 2 TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY ADOPTING A SCHEDULE FOR THE 2008 INVOLUNTARY ANNEXATIONS. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Council of the Town of Prosper, Texas, is hereby adopting the schedule for the 2008 involuntary annexations, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 12`h day of August, 2008. Charles Niswanger, Mayor ATTEST TO: Matthew D. Denton, TRMC Town Secretary H, 20• — OdcE 00 +CD c 3a mC) Jap VT"s Ln CCC0C3~ � 8� 'c JE, o O O O V O N d t0 C,'i� Opp N = C R H o V 00 •L C ^ •�i C O rl V 00 a 3 O L d � R o0 a°a�y. to cN O a — 'N O IV cli o Z3aZ d _J2 R (A R d V c o a C o y N Z O C d� cM US a A • 3 rn 16. zw= V N 3 E M C LiO NL C F=vsmoli; rn U = H C �: O .20 IM �fljlA •� � O O �+ ql a� f� C. �IV C J d A£ O a cm cu a_ r co 0 6i o 0 O N 00 co cv 'D fl. y co J V V V ab•a3lsna to Go Ir. NTZ N to 2 C d � LL �_ O ND (S Q M c v F- P� Q I` c i i M a N N O N to 'd L L ti a) a a N luo O' N F' a C1 M O a i aw w _a OJ a ° O CL N O n d H a H p(a1O0 � •I o 1 M Q! m �° 0o ci of O' o o 0 N G e0 6� c acil O c co Z � -a a tir\ Co �l O C a O a NL1S•NVVGl0O a o LM a A Q' ao Ye r Ju a Z a - o N C1 (n w O •l`da oo w o c AMNd•Shc- Vio N = Q ao d j LL G N a V ui M O C `- rr+�raarar r.+.. r Nraorr� � � M O PLANNING 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 — August 12, 2008 Date: August 7, 2008 Aoenda 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 August 5, 2008 meeting. Per the Town's Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any site plan or preliminary site plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Preliminary site plan of Whispering Farms Commercial Center, Block A, Lot 5R-C, approved 7-0 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. 6e - Page 7 of 1 ;ISPER OWN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager Re: Town Council Meeting — August 12, 2008 Date: August 8, 2008 Agenda Item: Consider and act upon a resolution calling for a Public Hearing to be held on October 14, 2008 for the creation of Tax Increment Refinancing Zone #1 (TIRZ #1). Description of Agenda Item: Per the agreement with Blue Star, the Town is moving forward with the creation of TIRZ #1 for the Gates of Prosper mixed use project. This resolution calls for the Public Hearing to be held on October 14, 2008. Upon passage of this resolution, the Town will be notifying the appropriate governmental agencies about the creation of the TIRZ and their required input as part of the process. The following is a summary from Pete Smith on the process of creating a TIRZ: The Town Council designates contiguous area as a TIF Zone by ordinance; 2. Prior to adoption of the ordinance the Town Council prepares a preliminary project and investment zone financing plan and sends a copy to each taxing unit that levies real property taxes in the proposed TIF Zone. 3. Town Council conducts a public hearing on the creation of the TIRZ with seven (7) days prior notice by publication in the newspaper of general circulation in the city or county as the case may be. At the public hearing the Town Council considers the benefits of the proposed TIRZ Zone. Citizens are allowed to speak. 4. Sixty (60) days prior to public hearing, the Town Council must notify the governing body of each taxing unit that levies real property taxes in the proposed TIRZ Zone that the Town Council intends to establish the TIRZ Zone. The notice includes a description of the proposed boundaries of the TIRZ Zone, the tentative plans for development, and the estimated impact on property values from tax revenue. The other taxing units may waive the notice. 5. Not later than fifteen (15) days after the date of the notice, each taxing unit must designate a representative to meet with the Town Council to discuss the project plan and a reinvestment zone financing plan for the proposed TIRZ Zone. They may meet 15 days after the 60 day notice Agenda Item No. 6f - Page 1 of 2 described above to discuss the proposed TIRZ Zone, the composition of the board of directors, the amount of the tax increment that each taxing unit will contribute to the Tax Increment Fund, tax collection within the TIRZ Zone and the exclusion of any areas from the TIRZ Zone. 6. Town Council makes a formal presentation in a public meeting to the governing body of the county and school district that levies real property taxes within the proposed TIRZ Zone to discuss the items listed in the sixty (60) day notice. If agreed, a single presentation may be made. The Town Council may schedule a meeting for the presentation and invite the governing bodies of the county and the school district to attend. This will satisfy the presentation requirement (even if they do not attend) if it is difficult to get on the agenda of the county and the school district. 7. After the public hearing on the proposed TIRZ Zone, the Town Council creates the TIRZ Zone by ordinance determining that development or redevelopment would not occur solely through private investments. The ordinance is approved by simple majority. Budget Impact: NA Legal Obligations and Review: Pete Smith has reviewed the resolution. Attached Documents: 1. A resolution setting the Public Hearing date as October 14, 2008 for the creation of the Town of Prosper Tax Increment Reinvestment Zone #1. Town Staff Recommendation: Town staff recommends that the Town Council approve the resolution setting the Public Hearing date for the creation of TIRZ#1 as October 14, 2008. Agenda Item No. 6f - Page 2 of 2 RESOLUTION No. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, CALLING A PUBLIC HEARING FOR OCTOBER 14, 2008, TO CONSIDER THE ESTABLISHMENT OF TAX INCREMENT FINANCING ZONE NO. 1; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council has entered into an agreement with the owner, Blue Star Land, LP, 183 Land Corp., and Blue Star Allen Land LP, of 500 acres of land in the Town of Prosper, Collin County, Texas, located at the northeast and northwest sections US Hwy 380 and Preston Road requiring that such contiguous area be designated as a reinvestment zone for tax increment financing; and WHEREAS, the Tax Increment Financing Act, Chapter 311, Texas Tax Code, requires the Town Council to conduct a public hearing on the designation of such property as a reinvestment zone for tax increment financing and the creation of Tax Increment Financing Zone No. 1; and WHEREAS, the Town will provide seven days prior notice of the public hearing by publication in a newspaper of general circulation; and, WHEREAS, the Town has or will notify the governing body of each taxing unit that levies real property taxes in proposed Tax Increment Financing Zone No. 1 that the city intends to establish Tax Increment Financing Zone No. 1; and, WHEREAS, the notice to the governing body of each taxing unit that levies real property taxes in the proposed Tax Increment Financing Zone No. 1 has or will include a description of the proposed boundaries of Tax Increment Financing Zone No. 1, the tentative plans for development, and the estimated impact on property values and the tax revenue; and, WHEREAS, the Town has or intends to prepare preliminary project and investment zone financing plans for proposed Tax Increment Financing Zone No. 1 and has or will send a copy to each taxing unit that levies real property taxes in proposed Tax Increment Financing Zone No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Town Council shall conduct a public hearing on October 14, 2008 on the creation of Tax Increment Financing Zone No. 1. SECTION 2. The Town Manager is directed to provide the requisite notices for the creation of Tax Increment Financing Zone No. 1 in accordance with Chapter 311, Texas Tax Code. SECTION 3. The Town Manager and/or designated representative is authorized to make the formal presentations to County of Collin, Texas, the Collin County Community College District, and the Prosper Independent School District governing bodies pursuant to Texas Tax Code, Section 311.003(f), and to undertake all other preliminary preparations and actions in accordance with the Act. SECTION 4. This resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the Town of Prosper, and it accordingly so resolved. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, ON THIS 12T" DAY AUGUST, 2008. APPROVED: Charles Niswanger, MAYOR ATTEST: Matthew D. Denton, TRMC, TOWN SECRETARY ADMINISTRATION p TOWN SPER To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Mike Land, Town Administrator Regular Meeting Prosper Town Council August 12, 2008 - 6:00 p.m. Re: Annexation of approximately 121.281 acres of land generally located north of Hwy 380 and +3640' west of the Dallas North Tollway. Description: Prosper Partners LP and Legacy Platinum Partners III, LP has submitted a petition for the voluntary annexation of approximately 121.281 acres of land generally located north of Hwy 380 and +3640' west of the Dallas North Tollway. 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 September 9, 2008 and September 23, 2008. Recommendation: Staff recommends that Council accept the petition for annexation. Agenda Item No. 6g - Page 1 of 1 y 6 E si 6 i �B� tt P$ =t i z8 gFF �� U ku3 0�5 lana�x5 III Vita 9y N lu U iS� ea �I e �h I I �n a uww rrw uxroa rrw 'UMOO �p0 111Yl7 NMOl N3d50!/d d0 NMOl ,BOYILZ 3,99,f0.00N OYON 3NI7 A1NlIOJ aama'Otl yg7,Z9'g• F ti y y suz1. i q3tla a W = A � Z (A � ! 3 A 1 k I PLANNING PSPER. 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 — August 12, 2008 Date: August 7, 2008 Agenda Item: A public hearing to consider and act upon an amendment to the Zoning Ordinance (Chapter 3, Sections 1 and 2) creating a definition and development standards for a wind energy system. (Z08-9). History: At the April 15, 2008 Planning & Zoning Commission meeting, Town staff brought forward a discussion item regarding wind energy systems after receiving inquiries from citizens about installing towers which would exceed the maximum height as permitted by the Zoning Ordinance. The Planning & Zoning Commission directed staff to research wind energy systems and draft an amendment to the Zoning Ordinance. At meetings in May, June and July, the Planning & Zoning Commission reviewed the draft amendment prepared by Town staff and received input from many citizens, the Prosper Developers Council and representatives of WeKnow Technologies (a wind energy system company). At their July 15, 2008 Planning & Zoning Commission meeting, the Commission approved an amendment to the Zoning Ordinance creating a definition and development standards for a wind energy system by a vote of 4-2. Description of Agenda Item: Town staff has received inquiries and requests for a wind energy system on residential property. Currently, the Zoning Ordinance does not include a definition or development standards for a wind energy system. The table below shows how other cities in the area regulate wind energy systems. City Regulation Frisco Height is regulated by zoning district. Setback must be greater than the height of the turbine. McKinney No specific regulations. Reviewed by third party. Little Elm Nospecific regulations. Celina Nospecific regulations. Agenda Item No. 8 - Page 1 of 4 Grand Prairie See attached ordinance. Garland In progress of developing an ordinance. See attached draft ordinance. Plano Maximum height is 35 feet. Must be outside of and setbacks. Lewisville Prohibited unless granted a variance by the City Council. Allen Height is regulated by zoning district. Fairview Nospecific regulations. Richardson Prohibited. Carrollton Nospecific regulations. Mesquite Nospecific regulations. Arlington Nospecific regulations. Fort Worth Height is regulated by zoning district. Denton Nospecific regulations. Southlake Nospecific regulations. Flower Mound Prohibited. Due to citizens looking to conserve energy in order to reduce energy costs, more requests for wind energy systems are likely in the near future. Budget Impact: There are no significant budget implications associated with the approval of this amendment to the Zoning Ordinance. Legal Obligations and Review: Review of the proposed amendment by the Town Attorney is not required. Town staff sent the proposed amendment to the Prosper Developers Council for review. The Prosper Developers Council has submitted the attached letter commenting on the Planning & Zoning Commission's recommendation. Attached Documents: 1. Letter commenting on the proposed amendment from the Prosper Developers Council. 2. City of Grand Prairie's wind energy system ordinance. 3. City of Garland's draft wind energy system ordinance. 4. A model zoning ordinance and a checklist for permitting small wind turbines provided to Town staff by WeKnow Technologies. 5. Ordinance no. 08-053 adopted by the Town Council on June 24, 2008 providing a definition, permitting regulations, a permitting fee, and maintenance and abandonment requirements for a wind energy system. Planning & Zoning Commission Recommendation: At their July 15, 2008 meeting, the Planning & Zoning Commission recommended that the Town Council approve the following amendment (see page 3) to the Zoning Ordinance creating a definition and development standards for a wind energy system by a vote of 4-2 (Commissioners Gallup and Dixon voted in opposition). Agenda Item No. 8 - Page 2 of 4 Chapter 3, Section 2 (Definitions) Wind Energy System — A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 10kW and is intended to reduce on -site consumption of electricity. Chapter 3, Section 1 (Use of Land and Buildings) A Wind Energy System is permitted by Specific Use Permit (SUP) in all zoning districts subject to the following standards: a) A building permit shall be required for the installation of a wind energy system. b) A wind energy system is only permitted as a secondary use. A wind energy system may not be erected on a lot until a primary structure has been constructed. c) The property which the wind energy system is located on shall be a minimum of one (1) acre in size. Two (2) additional acres of land is required for each additional wind energy system on the property. For example, for two (2) wind energy systems on one property, the size of the property shall be a minimum of three (3) acres in size. d) The tower for a wind energy system shall be setback a minimum of the distance equal to 1.25 times the height of the tower from all property lines, rights of way, and overhead utility lines. The tower for a wind energy system shall not be located in the front yard. e) The tower for a wind energy system shall be setback a minimum distance of two hundred fifty (250) feet from any other tower for a wind energy system. f) The maximum height of a wind energy system, including the turbine and blades, shall be sixty (60) feet. g) The minimum height of the lowest part of the blade shall be twenty (20) feet above grade. Blades are not permitted to extend over driveways, parking areas, or sidewalks. h) A wind energy system shall not be located in a public easement or the 100-year floodplain. i) A wind energy system shall not create a sound that exceeds 60 dBA, as measured from the property line. j) A wind energy system shall be equipped with manual (electronic or mechanical) and automatic over speed controls. k) Only monopole towers without guy wires shall be permitted. Lattice type towers are strictly prohibited. 1) A wind energy system shall comply with applicable Federal Aviation Administration (FAA) regulations, including any necessary approvals for installations close to airports. A wind energy system shall not be lighted unless such lighting is required by the Federal Aviation Administration (FAA). m) A wind energy system shall remain painted or finished the color or finish that was originally applied by the manufacturer. Primary, secondary, and bright colors are not permitted. n) Ground equipment associated with a wind energy system shall be screened from the view of public rights -of -way and adjacent properties. o) Decorative features, banners, and flags shall not be attached to the wind energy system. p) All signs, other than appropriate warning signs, shall be prohibited. Agenda Item No. 8 - Page 3 of 4 q) Wind energy units shall remain under the ownership of the property owner on which the wind energy unit is located. Pooling power supply output from more than one property for a common operator is prohibited. r) A wind energy system that is not operated for a continuous period of six (6) months shall be considered abandoned per the Town's abandonment requirements for a wind energy system (ordinance no. 08-053) as it currently exists or may be amended. Upon abandonment, the SUP shall be deemed invalid. Town Staff Recommendation: Town staff recommends the Town Council approve an amendment to the Zoning Ordinance (Chapter 3, Sections 1 and 2) creating a definition and development standards for a wind energy system. Agenda Item No. 8 - Page 4 of 4 PROSPER DEVELOPERS COUNCIL August 8, 2008 Honorable Mayor and Town Council 121 W. Broadway Street Prosper, Texas 75078 Honorable Mayor and Town Council, It is the understanding of the Prosper Developers Council that the Town Council will be considering a zoning case to create development standards for wind energy systems in the Town of Prosper at their meeting on Tuesday, August 12. Recognizing the issues associated with fuel and energy limitations, the Prosper Developers Council commends the Town of Prosper for taking a proactive approach to this issue. The Planning & Zoning Commission was very receptive to comments from the Prosper Developers Council. However, the Prosper Developers Council has some concerns with the zoning amendment that will be presented to the Town Council. The concerns are directly related to the noise, visual, and aesthetic impacts of wind energy systems on adjacent properties. These concerns include: 1. The maximum height of wind energy systems. The photo contained within the recent Dallas Morning News article (see attached) clearly demonstrates the visual impact of an existing wind energy system in Prosper on surrounding properties. The article states that the wind energy system is 33 feet tall. The zoning amendment that will be presented to the Town Council recommends that the height of wind energy systems may be 60 feet. With the maximum height of homes typically being 40 feet, wind energy systems will potentially "tower" over homes if the proposed height is not reduced. A reduction to 40 feet in height would minimize the visual impact of wind energy systems on adjacent properties. 2. The minimum size of a property on which a wind energy can be located. The noise, visual, and aesthetic impacts associated with wind energy systems will be reduced as the minimum size of the property on which a wind energy system is increased. The zoning amendment that will be presented to the Town Council recommends that minimum size of a property on which a wind energy system can be located is one (1) acre. If the minimum size of a property is increased to two (2) acres, the noise and visual impacts of a wind energy system on an adjacent property will be reduced and the interests of adjacent property owners will be better protected. Several members of the Prosper Developers Council have talked to real estate professionals about wind energy systems. Each of the professionals agrees that the installation of wind energy systems will lower property values of surrounding properties. The Town of Prosper and Prosper Independent School District should be very concerned with an issue that would potentially reduce property values and slow the growth of quality neighborhoods. For this reason, the Prosper Developers Council questions the application of wind energy systems in residential areas. Even one of the largest advocates of wind energy, T. Boone Pickens, who has plans to build a $10 billion wind farm in the open fields of ranches in the Texas panhandle, questions the use of wind energy systems on or near his property. In the July 21, 2008 edition of Newsweek, T. Boone Pickens states, "There are no turbines on my ranch, because I think they are ugly." Thank you for your consideration of this issue. Should you have any questions regarding this matter, please feel free to contact me at doug@landplan.net or (214) 618-3803. cerel , V� Douglas . Mousel President Prosper Developers Council J-2•-� •L-': _ ~..leML ito In "' �F •.. i. -' .�:' ,..• r' r �+!'1R. Y - •n'• ::1 :'%�-��� •: is - GRAND PRAIRIE — j - R"1.1CLG 4—. PEl1JN SS113GE USES "-.�� - .: :A Ili SECTION 9 — SMALL WIND ENERGY SYSTEMS 4.9.1.1 Small wind energy systems shall require a Specific Use Permit (SUP)in all zoning districts and flood plain areas and shall contain a minimum lot size of two (2) acres subject to certain requirements as set forth below: A. An operational plan is required with the SUP application and shall include the following: 1. Property lines and physical dimensions of the property, 2. Location, dimensions, and types of existing major structures on the property, 3. Location of the proposed wind system tower, 4. The public rights -of -way that are contiguous with the property, 5. Overhead utility lines, 6. Wind system specifications, including manufacturer and model, rotor diameter, tower height, and tower type, 7. Tower foundation blueprints or drawings, 8. Tower blueprint or drawing. B. Wind towers and generators proposed to be installed within the 100 year floodplain shall have approval of the Engineering Division and, where applicable, the U.S. Army Corps of Engineers. Such tower sites shall take such measures, as required by the Engineering Division, to protect the sites from damage from potential flooding. The Engineering Division shall require a floodplain permit and, where applicable, a Corridor Development Certificate shall be obtained from the Engineering Division. C. If the plan is approved, the City will return one signed copy of the operational plan to the owner and will retain the other copy with the original application. D. If the application is rejected, the City will notify the applicant in writing and provide a written record of the hearing at which the application was rejected. If the specified deficiencies are resolved, the applicant may reapply after one year from the submittal date. 1997 NAICS U.S. Development Code Article 4 - Unified X = Permitted Use S = Specific Use Permit Required PD = Planned Development District ❑ = Use not Permitted (blank square) * = Site Plan Required ** Must comply with all local and state regulations Effective May 2007 AWRdJG_LE'j'_4 ,,; P,QII' ISS 9110.I')SH SJMWZt_Z f - 12' E. For property sizes between two (2) and three (3) acres in area, the tower height shall be a maximum of 80 feet. For property sizes greater than three (3) acres in area, the tower height shall not exceed 150 feet. F. Small wind energy systems must comply with applicable Federal Aviation Administration (FAA) regulations, including any necessary approvals for installations close to airports. G. The tower for a small wind energy system shall be setback a distance equal to 1.25 times the tower height from all property lines, public rights -of -way and occupied buildings. No part of the wind system structure, including guy wire anchors, may extend closer than fifteen (15) feet to the property boundaries of the installation site. H. The tower for a small wind energy system will be setback a distance equal to 1.25 times the tower height from any overhead utility lines, unless written permission is granted by the affected utility. The minimum height of the lowest part of the rotor shall be either 30 feet above the highest structure allowed under the zoning district requirement, or potential tree height, whichever is higher, if it is within 300 feet of any property line. No tower shall be erected closer than 75 feet or a distance of five times the diameter of the larger rotor, whichever is the greater distance, to another small wind energy tower. K. All small wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over speed protection. L. Warnings. 1. A clearly visible warning sign that states "Caution, High Voltage" must be placed at the base of all pad -mounted transformers and substations. 2. Visible, reflective, colored objects, such as flags, reflectors or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten feet from the ground. M. Climb Prevention/ Locks. 1997 NAICS U.S. Development Code Article 4 - Unified X = Permitted Use S = Specific Use Permit Required PD = Planned Development District ❑ = Use not Permitted (blank square) * = Site Plan Required ** Must comply with all local and state regulations Effective May 2007 1. All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. 2. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 12 feet from the ground. 3. All access doors to small wind energy systems shall be locked or fenced, as appropriate, to prevent entry by non -authorized persons. N. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground. O. Small wind energy systems shall be required to comply with the noise standards and requirements contained within Chapter 13 of the City's Code of Ordinances. P. Visual Appearance. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. 2. The wind tower and generator shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless otherwise approved in the building permit. 3. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road, shall be prohibited. 4. A lattice type tower structure shall be prohibited for any tower measuring less than 81 feet in height, or for any tower erected in a residential zoning district. Only monopole type structures shall be permitted in these instances. Towers measuring greater than 81 feet in height built in the Agriculture (A) zoning district and in any non-residential zoning district shall be exempt from this requirement. Q. Small wind energy systems shall be sited to prevent the impact of shadow flicker or blade glint upon any inhabited structures (except for the owner's) or 1997 NAICS U.S. Development Code Article 4 - Unified X = Permitted Use S = Specific Use Permit Required PD = Planned Development District ❑ = Use not Permitted (blank square) * = Site Plan Required ** Must comply with all local and state regulations Effective May 2007 "Tie. FT 543!77�i smL City roadways. Systems found to be in violation of this condition shall be shut down until the flicker or glint problem is remedied. 4.9.2 A building permit shall be required for the installation of a small wind energy system. A. The owner shall submit an application to the Building Inspections Division of the Planning and Development Department. The application shall be accompanied by standard drawings of the wind turbine structure, a line drawing of the electrical components, and two copies of an operational plan for the small wind energy system, and the fee required for an accessory use. B. No permit for a small wind energy system shall be issued until evidence has been given to the City that the utility company has been informed of the customer's intent to install an interconnected customer -owned generator. Off - grid systems shall be exempt from this requirement. C. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer. D. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer. E. An issued permit shall expire if the small wind energy system is not installed and functioning within 6-months with a required inspection from the date the permit is issued; or, if the small wind energy system is out -of -service or otherwise unused for a continuous 12-month period. 4.9.3 Abandonment. A. A small wind energy system that is out -of -service for a continuous 12-month period will be deemed to be abandoned. The Director of Planning and Development or designee may issue a Notice of Abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The Owner shall have the right to respond to the Notice of Abandonment within 30 days from Notice receipt date. The Director of Planning and Development or designee shall withdraw the Notice of Abandonment and notify the owner that 1997 NAICS U.S. Development Code Article 4 - Unified X = Permitted Use S = Specific Use Permit Required PD = Planned Development District ❑ = Use not Permitted (blank square) * = Site Plan Required ** Must comply with all local and state regulations Effective May 2007 " 12I;ICL� 4? I;ER�IISSIft1 E`USLSr � �swin' the Notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned. B. If the small wind energy system is determined to be abandoned, the owner of the small wind energy system shall remove the wind generator, tower structure or any associated appurtences, from the property at the Owner's sole expense within 3 months of receipt of Notice of Abandonment. If the owner fails to remove the wind generator, tower, or any associated appurtenances, the Director of Planning and Development or designee may pursue a legal action to have the wind generator and tower structure removed at the Owner's expense. 4.9.4 Definitions. Occupied Building: Any residence, school, hospital, church, public library or other building that is occupied or in use when the permit application is submitted. Owner: The "owner" shall mean the entity or entities having an equity interest in the small wind energy system, including their successors or assigns, that intend to own and operate the system in accordance with this ordinance. Rotor: The blades and the hub together are called the rotor. Small Wind Energy System: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is primarily intended to reduce on -site consumption of utility power. Tower: The monopole, freestanding, latticed or guyed structure that supports a wind generator. Tower Height: The height above grade of the fixed portion of the tower, excluding the wind turbine itself. Wind Generator: The blades and associated mechanical and electrical conversion components mounted on top of the tower. 1997 NAICS U.S. Development Code Article 4 - Unified X = Permitted Use S = Specific Use Permit Required PD = Planned Development District ❑ = Use not Permitted (blank square) * = Site Plan Required ** Must comply with all local and state regulations Effective May 2007 GARLAND ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10 OF ORDINANCE NO. 4647; PROVIDING A PENALTY CLAUSE, A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS: Section 1 That the schedule of uses contained in Section 10-200 of Ordinance No. 4647, the comprehensive zoning ordinance of the City of Garland, Texas is hereby amended by: (1) adding, as a land use under the division "Residential" a land use for "Wind Energy System"; and (2) designating "Wind Energy System" as an allowed use in the Single Family-16, Single Family-10, Single Family-7, and Duplex zoning districts. Section 2 That Section 10 of Ordinance No. 4647, the comprehensive zoning ordinance of the City of Garland, Texas is hereby amended by adding a new subsection 10-315 to read as follows: "10-315 Wind Energy Systems (A) Definition. In this section, Wind Energy System or System means a wind -driven energy conversion system that converts wind energy into electricity though the use and consisting of a wind turbine, a tower, and associated control or conversion electronics, that has a rated capacity of not more than 100kw, and that is intended for on -site production and consumption of electricity. (B) General Regulations: The following general regulations apply to all Wind Energy Systems located within any single-family district. A Wind Energy System lawfully in existence at the time of the enactment of this section shall not be required to meet the requirements established herein. (1) Required Plans and Specifications. In addition to the submittals otherwise required upon making application for a g:/ordinances/zoning-wind energy ver2 11 PAGE 1 building permit, the application for a building permit for a Wind Energy System must be accompanied by: (a) A site plan of the proposed Wind Energy System, which shall include: (i) A survey or a scaled drawing of the site on which the proposed Wind Energy System will be constructed; A plan view layout of the proposed Wind Energy System clearly showing: • The location of the System in respect to the property on which the System will be built; • All components of the System; • Distance of the System to property lines; • Required setbacks; • Existing structures on the site; • Natural features such as watercourses and trees; Elevation drawings that include: • The design and height of the proposed Wind Energy System; • Detailed drawings of all System components; • Screening requirements; and (iv) A line drawing of the electrical components of the System in sufficient detail to allow for a determination that the manner of installation conforms with the edition of the National Electrical Code in effect at the time of construction; (b) Standard installation drawings of the wind turbine structure, including the tower, base, and footings. (c) Either an engineering analysis of the tower or a copy of the manufacturing specifications demonstrating compliance of the System with the edition of the International Residential Code in effect at the time of construction. g:/ordinances/zoning-wind energy ver2 PAGE 2 Im - hr ovum n'pip ew- An engineering analysis shall be certified by a licensed professional engineer registered in the State of Texas. (d) Evidence of the notice to the utility company as required by subsection (B)(10) below. (2) Construction Standards. A Wind Energy System shall be installed according to the manufacturer's recommendations or under the seal of a professional engineer registered by the State of Texas. (3) Maximum Height. The tower height of a Wind Energy System shall not exceed 40 feet to the center of the shaft. Additionally, no tower shall exceed the height recommended by the manufacturer or the distributor of the Wind Energy System. (4) Location and Setback. The tower structure of a Wind Energy System shall be anchored only in the rear yard of the lot on which the System is located. No part of a Wind Energy System, including blades or guy wire anchors, may protrude across a property line unless prior to making application for the System, the owner obtains and files with the City an easement from the adjoining property owner that specifically authorizes the protrusion. (5) Primary Structure Required. A Wind Energy System may exist only as a secondary use. A Wind Energy System may not be erected on a lot until a primary structure has been constructed. (6) Sound Pressure Levels. Sound pressure levels produced by the operation of a Wind Energy System shall not exceed the limitations set forth in Sec. 22.69 of the Code of Ordinances. (7) Lighting. All lighting not required by Federal Aviation Administration ("FAA") regulation is prohibited not. including, however, operational lighting installed by the manufacturer of the system as original equipment. When obstruction lighting is required by FAA regulations, such lighting shall not exceed the minimum requirements of those regulations. If so required, a Wind Energy System tower structure may be artificially lighted ONLY with steady -burning red obstruction lights (FAA type L-810) or flashing red obstruction lights (FAA type L0864), flashing no faster than 20 flashes per minute. Upward lighting, flood lights or other lighting not strictly required by the FAA is prohibited. g:/ordinances/zoning-wind energy ver2 PAGE 3 .��•-E? .'HIV ri� a il''�. (8) Signs. No advertising or other signs shall be placed on a Wind Energy System. (9) Prohibited in Easements. No portion of a Wind Energy System shall be located in, on or across a public easement unless authorized by the easement holder. (10) Notice to utility company on grid -interconnected systems. No grid -interconnected Wind Energy System shall be installed until evidence has been provided to the City that the appropriate electrical provider has been informed of the customer's intent to install a grid -connected customer -owned Wind Energy System. Off -grid systems are exempt from this requirement. (11) State or Federal Requirements. A Wind Energy System shall meet or exceed current standards and regulations of the FAA and any other agency of the State or Federal government with the authority to regulate Wind Energy Systems. If such standards and regulations are changed, and if the controlling State or Federal agency mandates compliance, then the owner of the Wind Energy System shall bring such Wind Energy System into compliance with those revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. (12) Public hearing. Prior to the installation of a System, an application for a Wind Energy System must be approved by the City Council after a public hearing. An application for approval of a Wind Energy System shall be made to the Director of Planning and shall be accompanied by payment of an application fee in the amount of $100.00. Prior to the hearing, the Director shall mail written notice of the hearing to all owners of property located within 400 feet of the site of the proposed Wind Energy System by using the last known address as listed on the City's tax rolls. (C) Maintenance and Abandonment: (1) A Wind Energy System shall be maintained at all times according to the manufacture's specifications. (2) A Wind Energy System that has become unstable, leans significantly out -of -plumb, or that poses a danger of collapse shall be removed or brought into repair within 60 days following notice by the Building Official to the g:/ordinances/zoning-wind energy ver2 PAGE 4 IM -F1rPWPM1*- owner of the lot upon which the System is located. The Building Official may order immediate repairs in the event of imminent collapse. Failure to make the required repairs within the time provided is an offense. (3) If the owner of a Wind Energy System plans to abandon or discontinue, or is required to discontinue, the operation of the System, the owner shall notify the Building Official by certified U. S. mail of the proposed date of abandonment or discontinuation. Such notice shall be given no less than 30 days prior to abandonment or discontinuation. (a) In the event that an owner fails to give such notice, the Wind Energy System shall be considered abandoned if the Wind Energy System is not operated for a continuous period of twelve (12) months. (b) Upon abandonment or discontinuation of use, the property owner shall physically remove the Wind Energy System within 90 days from the date of abandonment or discontinuation of use. "Physically remove" includes, without limitation, the actual, complete removal of the tower, turbine and all other components of the Wind Energy System from the site of the original installation." Section 3 That a violation of any provision of this Ordinance shall be a misdemeanor punishable in accordance with Sec. 10.05 of the Code of Ordinances of the City of Garland, Texas. Section 4 That Ordinance No. 4647, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance. Section 5 That the terms and provisions of this Ordinance are severable and are governed by Sec. 10.06 of the Code of Ordinances of the City of Garland, Texas. g:/ordinances/zoning-wind energy ver2 PAGE 5 ri; Section 6 That this Ordinance shall be and become effective immediately upon and after its passage and approval. PASSED AND APPROVED this the day of CITY OF GARLAND, TEXAS Mayor ATTEST: City Secretary 2007. g:/ordinances/zoning-wind energy ver2 PAGE 6 SWWP Model Zoning Ordinance Wind Energy Conversion Systems Section 1 Intent. In order to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the {city/state} finds these regulations are necessary to ensure that wind energy conversion systems are appropriately designed and safely sited and installed. This ordinance establishes the regulations and criteria which allow compatible accessory uses to be located within the various land use districts. Unless otherwise provided, all accessory uses are subject to the same regulations as the sponsoring primary use. Section 2 Definitions. Residential Wind Energy System: A wind energy conversion system consisting of a wind turbine, tower, and associated control or conversion electronics, which has a rated capacity of not more that 10 kW and which is intended to primarily reduce on -site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on site use may be used by the utility company. Tower: The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground. Installed by factory trained authorized dealer. Section 3 Regulations. Residential wind energy systems shall be a permitted use in all zoning classifications where structures of any sort are allowed; subject to certain requirements as set forth below: Tower height: For property sizes between 1/2 acre and one acre the tower height shall be limited to 100 feet and/or 20 feet above tree line. For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations. Must meet A.A.S.H.T.O. Engineering standards for wind zone location. Clearance of Blade: No portion of the residential wind energy system shall extend within twenty feet of the ground. No blades may extend over parking areas, driveways or sidewalks. Set -back: No part of the wind system structure, including guy wire anchors, may extend closer than ten feet to the property boundaries of the installation site. Set backs for the system tower shall be no farther from the property line than the height of the system, provided that it also complies with any applicable fire setback requirements. Automatic Overspeed Controls: All wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system. Sound: Residential wind energy systems shall not exceed 60 dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms. Approved Wind Turbines: Residential wind turbines must be approved under an Emerging Technology program such as the California Energy Commission, IEC or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Non -certified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer. Compliance with Uniform Building Code: Building permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer. Wet stamps shall not be required. Compliance with FAA Regulations: Residential wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Compliance with National Electric Code: Building permit applications for residential wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer. Utility Notification: No residential wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer -owned generator. Off -grid systems shall be exempt from this requirement. 0 Federal Aviation Administration requirements: Installations close to airports (within 10,000 to 20,000 feet of runways) may require prior FAA notification. (See "Air Traffic", p. 16.) O Other siting restrictions: Small wind energy systems may be subject to local restrictions adopted pursuant to state legislation establishing coastal areas, scenic highway corridors, or other specially designated areas. 3. For California grid -connected systems: O Notify utility: You may need to show your per- mitting agency that you have notified the utility of your intent to install an interconnected wind generator. O Reserve an Energy Commission rebate: Reserve your rebate prior to installation by submitting a Reservation Request Form and required supporting documentation to the Energy Commission.20Once your rebate reservation is accepted, you have up to nine months to install your (10 kW or smaller) system. O Interconnection agreement: The state's investor -owned utilities (SDG&E, PG&E, SCE) have simplified, consumer -friendly inter- connection agreements. Utilities are required to process net metering applications within one month.21 20. See: www.consumerenergycenterorg/erprebate/f`orms.htmi 21. For more information see: www.awea.org/smallWnd/Califorrga.htmi ter- ,ram �[x-ram-- +�;�'lr-•�.r- ,...,�.,., 4. Notify your neighbors. O Counties may not require notice of an application to install a small wind turbine to property owners beyond 300 feet from the proposed site. (See "Communicating with Neighbors," p.11.) 5. Comply with permitting requirements. Permitting requirements, procedures, and fees vary widely among counties. O Building permit, use permit, zoning permit, or "plot plan" fees can range from less than $100 to $1600. O Other costs for public notification, hearings, or environmental impact studies may range from a few hundred to several thousand dollars. O If a particular fee seems excessive or inappro- priate for your situation, find out the basis for the fee. You may be able to avoid it or have it reduced. (See "County Staff Make Way for Small Wind," p. 27.) O To be eligible for an Energy Commission rebate, your system must be installed by a licensed California contractor possessing an active "A," "B," "010," or "046" (photovoltaic system) license. O Obtain a final inspection sign -off prior to claiming your rebate. Net metering provisions take effect when the permit is obtained or the wind turbine begins operation. PERMITTING OF SMALL WIND TURBINES: A CHECKLIST A summary of basic steps for obtaining a permit for a small wind turbine in California" t. Contact your county planning department ® Setback No part of the system, Including guy or permitting agency. wires, may be closer than 30 feet to the property boundary. (The Installation must also comply 0 Find out if small wind energy systems are with fire setbacks established by Section 4290 addressed by local ordinance and, if so, get of the Public Resources Code.) a copy of the ordinance. (If not, see 2 below.) 0 Nolso levels: MUst not exceed 60 dB(A) © Learn th0 relevant permitting procedures. during normal operation, as measured from the closest neighboring Inhabited dwelling. 13 Ask what documents you'll need. Are you required to submit plans from a consulting engineer, or p Equipment: Contact the California Energy will documentation from theturbine manufacturer Commission for a list of certified small or dealer do? wind turbines'sandfor recognized national certification programs. 2. Review the applicable standards and restrictions. 17 Bulldingcode complianco:Standarddrawireand In California, If small wind energy systems are not an engineering analysis of the towerare required specifically addressed by local ordinances In your showing compliance with the Uniform BuildingCode area, or I local ordinances have not been brought or the California Building Standards Code and lntocompllancowlth AS M7, then yoursmail wind certification by licensed professional engineer. turbine is an allowable use, subject to the pro. "Wet stamps' are not required. visions of the Cafffomta Gouarnment Code, Section 65892.13(0, which sets the following restrictions: © Electric code compliance: Requires line drawings 0 Minimum parcel sirs: One acre; must be outside of system electrical components showing sufficient an "urbanized" area unless otherwise specified. detail to determine that Installation conforms to the National Electric Cade. 0 Minimum allowable towsr height: Up to 65 feet must be allowed on parcels 1.5 acres, up to 80 ia. Many permit requirements; are natappiicaWe in certain (alhada counties or outside the state. for recommended feet must be allowed on parcels of five acres or practices, see "Do's It Oon'ts" and AWEWs model mating MOM, Tailor towers are not prohlblted by state law. widinance, pages 27-29. 19. wws coreuaneremrgycentecafg/erprebate%quo ment.htmi TOWN OF PROSPER, TEXAS ORDINANCE NO.08-053 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, PROVIDING A DEFINITION FOR A WIND ENERGY SYSTEM; PROVIDING ENFORCEMENT, PERMIT FEES, RULES AND REGULATIONS IN REGARD TO WIND ENERGY SYSTEMS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR A PERMIT FEE; PROVIDING FOR THE ISSUANCE AND REVOCATION OF PERMITS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to regulate the permitting of wind energy systems as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Wind Energy Systems: definition, permit regulations and permit fee. 1. For the purpose of this Ordinance, a Wind Energy System is defined as a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than lOkW and is intended to reduce on -site consumption of electricity. 2. A building permit shall be required for the installation of a Wind Energy System. The building permit fee shall be one hundred dollars ($100.00). a. The building permit application shall be accompanied by standards drawings of the wind turbine structure, a line drawing of the electrical components, two copies of an operational plan for the wind energy system, and the required permit fee. b. No permit for a wind energy system shall be issued until evidence has been given to the Town that the utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off -grid systems are exempt from this requirement. c. The building permit application shall be accompanied by standards drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis, for the town, showing compliance with the Town of Prosper adopted Codes (includes but not limited to the International Building Code, National Electrical Code) and certified by a licensed professional engineer shall be submitted. d. Wind energy systems shall be approved under an emerging technology program such as the California Energy Commission, IEC, or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Non - certified wind energy systems shall submit a description of the safety features of the wind energy system as prepared by a licensed professional engineer. e. The line drawing of the electrical components shall show sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code. All electrical wires associated with a wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground. f. An issued permit shall expire if the wind energy system is not installed, functioning, and final obtained within 90 days with all required inspections from the date the permit is issued; or the wind energy system is out of service or otherwise unused for a continuous six (6) month period. g. The installer of the wind energy system must be a registered contractor in the Town of Prosper with proper insurance, bonding, training, and certification from the manufacturer to perform the installation. SECTION 3: Maintenance and Abandonment. 1. A wind energy system shall be maintained at all times according to the manufacture's specifications. 2. The owner of the wind energy system shall provide to the Town of Prosper an annual inspection report from a factory certified technician. 3. A wind energy system that has become unstable leans significantly out -of -plumb, or that poses a danger of collapse shall be removed or brought into repair within 30 days following notice by the Building Official to the owner of the lot upon the wind energy system is located. The Building Official may order immediate repairs in the event of imminent collapse. Any and all repairs ordered by the Building Official will be at the property owner's expense. 4. If the owner of the wind energy system plans to abandon or discontinue, or is required to abandon or discontinue, the operation of the wind energy system, the owner shall notify the Building 2 Official by U.S. snail of the proposed date of abandonment or discontinuation. Such notice shall be given no less than 30 days prior to abandonment or discontinuation. a. In the event that an owner fails to give such notice, the wind energy system shall be considered abandoned if it is not operated for a continuous six (6) months. b. Upon abandonment or discontinuation of use, the property owner shall "physically remove" the wind energy system within 30 days from the date of abandonment or discontinuation of use. "Physically remove" includes, without limitation, the actual complete removal of the tower, turbine, and all components of the wind energy system from the site of the original installation. SECTION 4: Savings/Repealing_ Clause: All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 5: 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 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 241h DAY OF JUNE, 2008. 3 ATTESIED TO AND atthew Denton, T;RMCZ COR Town Secretary APPROVED Az TO isAnger, a O DATE OF PUBLICATION.- _ UL Y , v2flc� Dallas Morning News — Collin County Addition q�`` �l'~•�Oeti• UA ��i • t e • I b I�0s ' 0 O P o • 04 lop ee ee Z e e• ��,' ee• •eee•eeo•�e `�� AS,`%% PSPER T To: Mayor and Town Council From: Matthew D. Denton, Town Secretary Xc: Mike Land, Town Manager ADMINISTRATION Regular Meeting Prosper Town Council June 10, 2008 - 6:00 p.m. Re: Annexation of approximately 11.295 acres of land generally located west of Coleman Street and +1750' south of Prosper Trail. Description: Council accepted the petition for the voluntary annexation of approximately 11.295 acres of land generally located west of Coleman Street and +1750' south of Prosper Trail at their July 22, 2008 meeting. This is the first of two public hearings required to annex the property. Following is a service plan for the property. Recommendation: Staff recommends that Council receive any input at the public hearing. Following the public hearing, no Council action is required. Agenda Item No. 9 _ .LISIH33 NOLLVX3NNV 9 ItKt II M,ry 1 1 fY LMIR S* .i Ou �+����jj ** v!� (. r Omx1kK wL-%m1Db%= S xgL "dad$02Id s. r 8 i d WILL SUV IINIM - 3XDd £' T T L ! � 9-0 fill 41 � r I \ J 1 I s I � I i114111 lu Q rn �a I f I �1P�iP C ! � I 31181: iSPER Public WorksOWN OF To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works CC: Mike Land, Town Manger Re: Town Council Meeting — August 12, 2008 Date: July 23, 2008 Agenda Item: Consider and act upon 1) award of bid of Prosper Road Improvement Project 2008, 2) enter into a contract agreement with Low bidder Quality Excavation LTD, regarding the construction services for Prosper Road Improvement Project 2008 (Second Street, Main Street, Parvin Street, Hays Road, Meadow Green and Alternate Bid Rhea Mills), reconstructing Main Street sewer line and Second Street water line in the amount of $1,053,325.50 and 3) approve a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: On July 14 2008 at 2:30 pm, two (2) bids were opened for the Prosper Road Improvement Project 2008. Quality Excavation was low bidder at $628,585.50 and JRJ Paving was second at $918,160.85 for the base bid. Rhea Mills alternate bid was $140,400.00 for Quality Excavation and $135,870.00 for JRJ Paving. Staff is requesting Council to approve the award of the bid to Quality Excavation in the amount of $1,053,325.50 which includes the Rhea Mills alternate. As requested by Council Meadow Green by contract will be the first street under construction. Town staff will hold meetings with the adjacent property owners/residents which will also include the contractor, Post Master and IESI. Staff and the contractor will review the project and answer any questions or concerns. Staff will try to locate any residents that have special needs and address them. Staff held these meetings for the Prosper Road Improvement Project 2007 and found that the residents that attended were pleased with the information. Budget Impact: Currently $738,000.00 for Paving and $187,160 for Water and Sewer is funded within the 2006 CO Bond items 06-10 and 06-08 respectfully. This will require an additional $30,985.50 in Paving and $97,180.00 in Water and Sewer coming out of the 2006 CO Bond for this work. Legal Obliaations and Review: The contract is a standard construction contract previously approved by the Town Attorney Agenda Item No.10 - Page 1 of 2 Attached Documents: The following documentation is being provided for review: • Bid Tabulations • Copy of Contract Agreement • Map • Resolution authorizing the Interim Town Manager to execute the agreement Board, Committee and/or Staff Recommendation: Town staff recommends that the Town Council: 1) award of bid of Prosper Road Improvement Project 2008, 2) enter into a contract agreement with Low bidder Quality Excavation LTD, regarding the construction services for Prosper Road Improvement Project 2008 (Second Street, Main Street, Parvin Street, Hays Road, Meadow Green and Alternate Bid Rhea Mills), reconstructing Main Street sewer line and Second Street water line in the amount of $1,053,325.50 and 3) approve a resolution authorizing the Town Manager to execute the same. Agenda Item No. _ - Page 2 of 2 PROSPE LA Q U W R v A a. a"= BRYAN ST-, z J Q-� V - DAV E- EAGLE LN a a TABLE -ROCK DR 3 � C OC m � y i0 IEDO SEND'DR;* -l'l!� j d FIFTH ST FIF' 2 4.J i G OC i� U I r � i PASEWARK'CIR- rC-REEK VIEW DR N �1 0 z m_ n m m m 7C v �o I� BRIDGEPo I 1 i i t i— t 1 — ---— /---T---T----------. Z_ _� CRIPPL'E--CREEK�DR� �- -- z I _0 0�7- oe T RTOR T� W 1_..?t C m— .i _...._..._.... .�,.� �_.._..�..,_._.,�..._..� B ER TRL--� w - - - EAV -� REFL'ECTION:LN -T T r i i i "'FIICKORY'CREEK n . - DR = I j L.=. I �a. �.. _ ..�. ,.. � I _s.—= P,REST • NVIEW ' R 1 I '� PASEWARK-CIR-� HANDLER I C-IR- ____ — 1 1. , -i+- _�Jj. WILLOWGATE DR� _ WILLOWMIST DR ACEDAR SPRINGS -DR � � CEDAR -SPRINGS=[ 1� w O III It It 1 1 1 1 1 1 1 30 IF MONTICELLO-DR-t- 3 O Q � Q ESSEX THREE RIVERS DR � G�� DR nI N OAKS DR KloWA DR REEK'L'N ` -� CyqAy, i I l NocoNA OR P410 DVRo OR Colo s C� ,yc�y.-y.PaPO �,�0 � y�` 0 4, o Csr 'ycsr ccp OO 0 O,p IV 100 00' Z' UA z UA ul UA cc O 0 U COLLIN] — Ti 010 tu CC FL ac AC or Ile "PRESTON-C OU;NTRY,LN-------N'\ LU YL ,u 600 sp COASTAL DR LU OL 9w i ROCK-HILL-RD CR 25 i� � TOWN OF PROSPER, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN AGREEMENT FOR THE PROSPER ROAD IMPROVEMENTS 2008 BETWEEN QUALITY EXCAVATION, LTD 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, to execute an Agreement for the Prosper Road Improvements 2008 between Quality Excavation, LTD and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 12th day of August, 2008 Charles Niswanger, Mayor ATTEST TO: Matthew Denton, Town Secretary N N G G G G G W N > W N> W V1 A W N F� fC ^ Fes+ VNi A Ol A m eo m m 03i rt O a rn 1n 'm m ao n a a m a w 0.m A -ino±AA02 o th 1o±nnna± o d m o w ° o_° x= m O v v o a o g n n 0 0 v ^ m ^ A 3 m m o0rao0 3� vN3� d 000� 'm z < N 01 < 5 o n f n 1p < < < m m m m m° 00 �» 00 m a m CL < 5 aq S < n M 01 Ot A Of 0➢ O. G "� O. S < A 7 CL V1 A w < W 0�0 N w < N d N W--w M< C 3 N N fp N YI 400 V W 00 O N T C r O 1+ 1+ w O F+ A W t0 A N N F+ A �" 7 O O O O O O F+ O w N A A O O w 00 O w p O S p 0 n n O O O I+ 01 W O 00000 F+ O O W O 00000 O (n O N O 0 00000 < to to vs N to to to �A N lA iA lA lA IL4 4, 1A lA lA C 7 N N W V W V A V1 V Ot F+ t0 W N 10 0 lA V1 T 00 W A F+ �4 A W Oo m w A V �1 Ol w o0 O0 tJ V O N w 00 V O to O w 01 01 01 O1 O1 N N w w O w O W In 00 Ot O N M oo o0 0 O to t/> AA {A to to VN to VN iA YTY r� A 7 m a pA D DO O O -FA+ tWl1 W -O~1 O V N N v 00 -VVi V W A V1 N 3 G o0 N 01 O 00 V V O N 00 V V o0 F+ 01 01 01 F+ to O o0 V 01 W O o0 w O O m w W O W O C O N F+ O F+ V N V N o0 W O F+ W p1 mC N Oo O V O w W Ol O N 01 O O O O V O O w O N A 0 0 O o0 00 01 O 00 V1 U1 O O O O (n O O O O to O O O O O O O to O �A N iA N N A A 1WI1 ONo O~1 W w 4m -000i o a 3 o 1p 0 o r o p N Of+� {II O O f~i1 twit tNi1 7 t o N N N V 1 N V N t A N N N N N N N N N C 7 A F+ A 1+ A 01 W O w o O O O O O O N O V V O W V1 A 10 1D A w 0 0o W F+ N O N O 0o O O O O O to O O O O O O O O O O O O O O O O O N to N O O O O O N fA iA Vf V� vs in in Vf Vf aA N N to N to iA N N N to m M i 7 � O- V O N A A A N 1+ In N w t+ N 0000 t+ N a D m % 01 O l7 ~ p N W A l0 w N N V F+ 00 10 F+ V p1 l0 o0 N l0 O cu C O N O W O O p O O O O O O to o0 o0 O O O O O O O O O 10 V N O O N w 0 C » N N a O C YI 010 ` = O O O 00 00 0 0 0 0 0 O O O O O 0 0 0 0 0 O O O O O C O O in O O O O O O O 3 iA iA N to v ~ VI o w 10 ink'Go 0 0 o vODi 3 p o 0 0 0 0 0 a TOWN OF PROSPER PROSPER ROAD IMPROVEMENT PROJECT 2008 ADDENDUM NO. 1 JULY 7, 2008 The time and date have been revised. Quantity for Second Street Deletion has been updated and revised Proposal included. The following additions, deletions, modifications, or clarifications shall be made to the appropriate sections of the plans and specifications and shall become a part of the Contract Documents. Bidders shall acknowledge a receipt of this Addendum in the space provided on the Bid Form. Sealed bids addressed to the Town Administrator will be received at the Town of Prosper Town Hall at 121 W. Broadway, Prosper, Texas 75078 until 2:00 P.M., July 14, 2008. Bids received after this time will be returned unopened. The bids will be publicly opened and read aloud at 2:30 P.M at the Town of Prosper 121 West Broadway, Prosper, Texas 75078. END OF ADDENDUM NO. 1 Frank E. Jaromin, PE P. O. Box 307121 W. Broadway Prosper, Texas 75078 E-mail: frank iaromin(c7prospertx.Qoy Town of Prosper SECTION P PROPOSAL SECTION P PROPOSAL TOWN OF PROSPER PROSPER ROAD IMPROVEMENT PR03ECT 2008 BID NO. 2008-07-001 i -- A- , 2008. Gentlemen: Having carefully examined the Information for Bidders, the General Conditions of the Contract, and Detailed Plans and Specifications, the undersigned bidder hereby proposes to do all the work, and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and to complete all the work, as specified and as shown on plans, and as required by the contracts to which this refers, for the construction of all items listed at the prices shown for Each item on the following bid schedule. The bid schedule attached lists the various divisions of construction contemplated in the Plans and Specification. Bid prices must be shown in Words and Figures for Each item listed in the Proposal, and in the event of discrepancy, the words shall control. Receipt is hereby acknowledged of the following addenda to the Contract Documents: Addendum No. 1 dated I Received -1 -1 - C,>2-,> Addendum No. 2 dated Received Addendum No. 3 dated Received All the various phases of work enumerated in the detailed specifications with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the Contractor under one of the items listed in the bid schedule, irrespective of whether it is named in said list. Bidder agrees to perform all of the work listed in the proposal and, as described in the specifications and shown on the plans, for the following prices for each item: P-1 TOWN OF PROSPER PROSPER ROAD IMPROVEMENT PR03ECT 2008 PR03ECT NO. 2008-07-001 BID SCHEDULE ITEM QUANTITY UNIT DESCRIPTION WITH BID PRICE UNIT PRICE EXTENDED AMOUNT NO. WRITTEN IN WORDS BASE BID 6" REINFORCED CONCRETE Al 14,100 SY 6" CONCRETE PAVING ITEMS, COMPLETE AND IN PLACE FOR THE SUM OF -];:� cu-" Ns DOLLARS AND CENTS co PER (unit). $ 41 gZe:) A2 281 LF CMP DRIVE WAY CULVERTS 16", REMOVE AND REPLACE COMPLETE AND IN PLACE WITH END TREATMENTS FOR THE SUM OF KNQeTt T�nf--- F DOLLARS AND S', Fc'�l CENTS so PER (unit). $9:� $ Ica A3 60 LF CMP DRIVE WAY CULVERTS 24", REMOVE AND REPLACE COMPLETE AND IN PLACE WITH END TREATMENTS FOR THE SUM OF 1-1)VABEz j tI6-44r DOLLARS AND l 1c�E�� T_ CENTS PER (unit). $ A4 35 LF CMP DRIVE WAY CULVERTS 36", REMOVE AND REPLACE COMPLETE AND IN PLACE WITH END TREATMENTS FOR THE SUM OF �• . 7,4 p • AND tJV CENTS PER (unit). $ A5 200 SY 6" CONCRETE PAVING ITEMS, MISCELLAOUS COMPLETE AND IN PLACE FOR THE SUM OF o y E DOLLARS N Y� A D '1— TOTAL STREET BID CENTS • PER (unit). $ �3' $ Imo, 6c>c� P-2 TOWN OF PROSPER PROSPER ROAD IMPROVEMENT PROJECT 2008 PROJECT NO. 2008-07-001 BID SCHEDULE ITEM QUANTITY UNIT DESCRIPTION WITH BID PRICE UNIT PRICE EXTENDED AMOUNT NO. WRITTEN IN WORDS MAIN STREET SEWER S1 900 LF 8 SDR 35 SEWER PIPE REMOVE AND REPLACE IN PLACE FOR THE SUM OF `TivGUT� N57-&.- DOLLARS AND CENTS PER (unit). $ t Z3� $ 112, 7c� S2 3 EA 4' DIAMETER CONCRETE MANHOLE, REMOVE AND REPLACE COMPLETE AND IN PLACE FOR THE SUM OF AND t-�o CENTS _ PER (unit). $ �"Icc� - $ n, l C)c> S3 340 LF 4" SDR 35 SEWER LATERALS, REMOVE AND REPLACE COMPLETE AND IN PLACE FOR THE SUM OF J'j%*0! zLl SE^[fiJ DOLLARS AND CENTS PER (unit). $�1 1 $ 32,G� S4 40 LF 6" SDR 35 SEWER PIPE COMPLETE AND IN PLACE WITH END TREATMENTS FOR THE SUM OF 0\\3S-% -, SEtV.v-'s DOLLARS AND tJo CENTS PER (unit). $ web $ S5 21 EA CONNECT TO EXISTING SEWER LINES VAREOUS SIZES, COMPLETE AND IN PLACE FOR THE SUM OF DOLLARS AND tJL> CENTS PER (unit). $ TOTAL MAIN STREET SEWER BID P-3 TOWN OF PROSPER PROSPER ROAD IMPROVEMENT PROJECT 2008 PROJECT NO. 2008-07-001 BID SCHEDULE ITEM QUANTITY UNIT DESCRIPTION WITH BID PRICE UNIT PRICE EXTENDED AMOUNT NO. WRITTEN IN WORDS SECOND STREET WATER Wl 1,400 LF INSTALL 8" DR 18 WATER PIPE REMOVE AND REPLACE IN PLACE FOR THE SUM DOLLARS AND CENTS PER (unit). W2 3 EA FIRE HYDRANTSCOMPLETE AND IN PLACE FOR THE SUM OF DOLLARS , AND 1-�� CENTS - PER (unit). $ - $ )[p.2co W3 16 EA INSTALL 1" WATER SERVICES AND METER BOXES COMPLETE AND IN PLACE FOR THE SUM OF �F ) sa?OLLARS AND CENTS ._ PER (unit). $ W4 3 EA INSTALL 8" VALVES COMPLETE AND IN PLACE WITH END TREATMENTS FOR THE SUM OF DOLLARS AND 0 CENTS PER (unit). $ 1 l5pno-: $ 4- W5 1 EA REMOVE AND CAP EXISTING HYDRANT, COMPLETE AND IN PLACE FOR THE SUM OF '►Jll. 1�►.aDOLLARS AND '1-ib CENTS ., c[ , C13� PER (unit). $ $ TOTAL SECOND STREET WATER BID P-4 TOWN OF PROSPER PROSPER ROAD IMPROVEMENT PROJECT 2008 PROJECT NO. 2008-07-001 BID SCHEDULE ITEM QUANTITY UNIT DESCRIPTION WITH BID PRICE UNIT PRICE EXTENDED AMOUNT NO. WRITTEN IN WORDS ALTERNATE BID CONCRETE PAVING RHEA'S MILL Bl 3,000 SY REMOVE AND REPLACE 6" CONCRETE PAVING ITEMS, COMPLETE AND IN PLACE FOR THE SUM OF :;»owru Sq -1, DOLLARS AND C-iy%4:T' CENTS PER (unit). $$ TOTAL - ALTERNATE CONCTETE PAVING RHEA'S MILL ALTERNATE BID CONCRETE PAVING Deduct Parvin Street B2 -1,100 SY REMOVE AND REPLACE 6" CONCRETE PAVING ITEMS, COMPLETE AND IN PLACE FOR THE SUM OF �J2't-� caw-�Fz DOLLARS AND CENTS Zo PER (unit). $ — $� 320 TOTAL - ALTERNATE CONCTETE PAVING PARVIN STREET P-S TOWN OF PROSPER PROSPER ROAD IMPROVEMENT PROJECT 2008 PROJECT NO. 2008-07-001 BID SCHEDULE ITEM QUANTITY UNIT DESCRIPTION WITH BID PRICE UNIT PRICE EXTENDED AMOUNT NO. WRITTEN IN WORDS ALTERNATE BID CONCRETE PAVING Deduct Second Street (Main To Colman) B3 -1,000 SY REMOVE AND REPLACE 6" CONCRETE PAVING ITEMS, COMPLETE AND IN PLACE FOR THE SUM OF n'"r ► b%--1yi- DOLLARS AND 7-1 )Ek:T CENTS PER (unit). $ 4--1 TOTAL — ALTERNATE CONCTETE PAVING Street (Main To Colman) S� TOTAL STREET BID $ TOTAL MAIN STREET SEWER BID TOTAL SECOND STREET WATER BID TOTAL BASES BID $ Cj%Sao TOWN OF PROSPER PROSPER ROAD IMPROVEMENT PROJECT 2008 PROJECT NO. 2008-07-001 SUMMARY STATEMENT OF MATERIALS AND SERVICES Base Bid Total Material Cost Based Upon Estimated Quantities Total Services Cost Based Upon Estimated Quantities Total Contract Price Cost Based Upon Estimated Quantities Alternate Bid Total Material Cost Based Upon Estimated Quantities Total Services Cost Based Upon Estimated Quantities Total Contract Price Cost Based Upon Estimated Quantities NOTES: $ aACo 4-oZ $ 4(03 52 3 so / o cic . GZS s The total materials cost based upon estimated quantities plus the total services cost based upon estimated quantities MUST equal the amount shown for the total contract price based upon the estimated quantities. The Contractor will be responsible for the payment of all taxes in compliance with the laws of the State of Texas and the United States. Any reference to taxes within these documents that is in conflict with the Tax Laws will be deleted from the project. Contract will be awarded based on the Total Base Bid or Alternate (in any combination) as selected by the Owner. The Contractor shall provide a bid for the Base Bid and or the Alternates in order for the bid to be considered complete and responsive by the Owner. P-7 The Owner reserves the right to delete any bid items or portions thereof. If the Owner elects to delete any portions of the PROJECT from the contract, then the contract can be awarded on that basis. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and further agrees to commence work within ten (10) days after the date of written notice to do so, and substantially complete all work within 120 calendar days. Enclosed with this proposal is a Certified Check for: or a Proposal Bond in the sum of: Dollars ( Dollars ( which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within sixty (60) days after bids are received and the undersigned fails to execute the contract and the required bond for the Owner within ten (10) days after the date said proposal is accepted, otherwise said check or bond shall be returned to the undersigned upon request. lnLN'c-1EA-4-0-A l_ 13 Contractor �-�P' Aug � ► �.s o � Printed Name c.;)CaZ(> "' , „ 3' _ --?-;I-I Address LO-T:71_—c z2--1 City State Zip G 4c> -- - c, gc�� Telephone Number C14c> - 3ioS- 5:6 "1 Facsimile Number �. �«�- cjcxxl►�."cccc.��t�,.,�t'p,cow1 Email Addres am '��` ADMINISTRATION PITOWN OF SPE To: Mayor and Town Council From: Mike Land, Town Manager Cc: Re: Budget and Budget Message Agenda Item• Submission of Budget and Budget Message by the Town Manager. Description of Agenda Item: Please see the attached budget letter from the Town Manager. Budget Impact• N/A Legal Obligations and Review: On Attached Documents: Budget Letter Board. Committee and/or Staff Recommendation: Town staff recommends the Town Council receive the Town's proposed FY 2008-2009 Budget and Budget Message from the Town Manager. Item No. 11 Page 1 of 1 PlTOWN ER August 8, 2008 Honorable Mayor and Town Council Citizens of Prosper Mayor, Town Council, Citizens, I am pleased to present to you the Proposed 2008-2009 Town of Prosper Annual Operations and Maintenance Budget for your consideration. This document details the comprehensive strategic plan by which the Town of Prosper strives to enhance the community's quality of life. For the first time, the Prosper Town Council has adopted a Strategic Vision and Work Plan that was used in guiding the development of this proposed budget. The most important element of their effort resulted in the following Purpose Statement: TOWN OF PROSPER PURPOSE STATEMENT "Prosper is a place where everyone matters." In the coming year, a corresponding Performance Plan will be adopted that will be used to implement the Council's Strategic Vision and Work Plan. The Work Plan in conjunction with Performance Measures are important tools that will be used to define the level and quality of services to be provided to the citizens of Prosper. By establishing standards, the Council, citizens and team members of the Town will have clear expectations before them, helping everyone understand better the operations of the Town and the value of what is being provided. BUDGET OVERVIEW The Town of Prosper 2008-2009 Proposed Budget represents a continuation of most Town services at the same or similar levels, with added focus on improving public safety and community services. Understanding that the Town's growth and revenues are directly related to uncertain economic conditions in various markets, the budget is being proposed after prudent examination and with conservative forecasts. The Town of Prosper currently employs 75 team members - 61 full-time, 2 part-time and 12 on -call temporary. Within the proposed budget there is a recommendation to only hire one additional employee, a Communications Manager in the Police Department. All other department's personnel will be funded at their current staffing levels. The budget does identify a four (4%) percent pay increase for all employees. In evaluating the 2008-2009 Proposed Budget it is important to consider several historical organizational initiatives, current environmental factors and the impact each has on planning for additional appropriations. Those with the greatest impact are listed below. FY 2009 will include the first full year's implementation of the Waters Consulting Group Pay Plan that was adopted in 2007. The current Fiscal Year Budget, 07-08, implemented the pay plan in three phases, with the final phase not being implemented until this September, 2008. Implementing the plan in this way afforded the Town the opportunity to improve employees pay while at the same time minimizing its costs in the current Fiscal Year. The Fiscal Year 08-09 Budget though reflects the full cost of the pay plan's implementation. This will automatically increase personnel cost approximately $105,000 plus benefits. • The Town is continuing to receive negatively trending sales tax revenues. The budget recognizes a decrease of nearly 17% or $200,000 in budgeted sales tax compared to the 07-08 Budget despite the addition of some commercial space in 2009. • The addition of EMS/Fire staff as approved in FY 2007 has resulted in additional costs totaling $548,000, which are partially offset by grant revenues anticipated to be $341,550. This grant will continue for four more years with a decreasing value paid to the Town each year of the grant. • Energy and Fuel costs continue to rise at an alarming rate. The proposed 08-09 Fiscal Year General Fund Budget anticipates increased cost totaling $85,000, or a 46% increase over the adopted 07-08 Fiscal Year Budget. • The State of Texas on July 25, 2008 granted the Town of Prosper the ability to create its own 911 Dispatch Center. This was necessitated by the fact that the Town will no longer be receiving 911 dispatch services from Frisco sometime after the first quarter of 2009. In the interim and prior to the Town establishing its own Dispatch Center, the Town will be served by the Collin County Sheriff's Department. As a result of these actions, it is recommended that the Town hire a Communications Manager to shepherd this project, ensuring that the citizens of Prosper receive the best service possible with no service interruptions. The proposed 2008 — 2009 Budget Appropriations total $11,209,939 for all funds not including debt service payments. Of that amount, approximately $6,289,129 is for General Fund operations and maintenance, $3,897,686 is for the Town's Enterprise Funds including Solid Waste, Water and Sewer utilities, and the yet to be funded Stormwater Drainage utility. Debt service payments will total $2,127,619. Property Values Certified freeze -adjusted, taxable property valuations increased by $178M (23.4%) in FY 2008-09. These values increased from $762,250,305 to $940,820,954. While the growth in certified property valuations continues to increase, economic and inflationary pressures of rising energy cost are counterbalancing this growth specifically with the continuing decline in sales tax collection. This past year the Town has seen a stabilized residential construction market indicating property tax values will continue to increase. Property Tax Rate This year the property tax rate as proposed is consistent with the current tax rate of $0.52 per $100 of property valuations. The portion of the tax applied to debt service is $0.214989. Sales Taxes In the face of rising energy and fuel cost and the slow down in the construction industry throughout the region the Town's retail sales tax collections are projected to continue to decline. Utility Rates The Town of Prosper Town Council this past spring engaged the services of J. Stowe and Company to produce with staff a Water and Wastewater Utility Comprehensive Business Plan. The Plan will be presented to the Town Council within the next sixty (60) days. Contained within the plan are recommendations to enhance revenues, to establish a 60 day operations and maintenance reserve account and to fund an annual contribution of 2% to a capital replacement program. Solid Waste rates will be increasing this coming Fiscal Year reflecting the fuel service charge being added by IESI, as allowed for in the current contract with the service provider. Stormwater Drainage Utility rates will be implemented in the coming year. Staff continues to research data prior to recommending the establishment of a rate. GENERAL FUND The 2008-2009 Proposed Budget as presented is based on using the Existing Tax Rate of $0.52. The projected effective tax rate, that is the rate that would generate the same amount of property tax revenues in 2008-2009 that were generated in this fiscal year, is $0.486331. The rollback rate, which equates to 108% of the effective operating rate, plus the debt service rate, less the additional sales tax adjustment dedicated to property tax relief is $0.501568. Without the sales tax adjustment of $0.038043, the rollback rate would be $0.539611. Each penny of the tax rate generates approximately $94,000 in property tax revenue. Additionally, for property tax revenue projections the Collin County Tax Assessor -Collector states that it again expects to collect 100% of the current property taxes due. Revenues are expected to exceed Appropriations resulting in an increase of $55,232 to the Town's Fund balance. The Audited Fund Balance at the end of 2006 — 2007 was $3,093,165. Revised Fund balance prior to the final audit for 2007 — 2008 is expected to increase to $3,208,047. (The actual 2007-2008 budget called for no increase to the Fund Balance.) Should the current projections hold true, the total projected fund balance as of September 30, 2009 could be $3,260,279. The Town has historically called for a reserve level equal to 16% (or 60 days) of appropriations. In the Proposed 2008-2009 Budget, the target reserve level has been elevated to 25% (or 90 days). In addition to this reserve, staff has earmarked an amount of the fund balance equal to 10% of the total general fund expenditures to conform to the Town Charter provision regarding contingent funds. At the end of the 2008-2009 fiscal year the projected total fund balance not otherwise restricted or held in contingency should total $1,068,959 which equates to an additional 61 days of operations depending on final audited numbers. REVENUES Overall, revenues are projected to increase 18.4% compared to budgeted 2007-2008. This increase continues to reflect the overall decrease in sales tax collections. Property Tax Revenues for Operations and Maintenance are projected to increase by approximately 32.3% compared to budgeted 2007-2008 revenues. Sales Taxes are projected to decrease at a 9.1 % rate over collections for this year while Franchise and other related Taxes are projected to increase 11.3% primarily as the result of increased energy cost and growth in the community. Staff continues to be conservative when projecting sales tax because of the down turn in construction related projections for the DFW metroplex. The Town's sales tax has seen a continued decline beginning in 2006 when it was at its height to the current year. In the current year, excluding the onetime audited adjustment from the State reflecting a single payment for sales tax collections between 2000 and 2003, the Town is expected to receive $1,012,000. This represents a decline of approximately 33% in sales tax receipts over the last 3 years. Permit Revenues are projected to remain constant when compared to the 2007-2008 Budget yet substantially less than actual revenues for the current fiscal year reflecting less new home or multi- family construction and minimal non-residential construction in the coming year. Municipal Court Fines and Licenses are projected to remain consistent with the current year's projected revenues. Fees and Other Revenues are projected to increase by 105% over the prior budget. Street rental and payment in lieu of taxes from the Town's Enterprise Funds are projected as new revenue in the 2008- 2009 budget. The expected SAFER Grant revenues ($341,550) contribute to most of this large increase. General Fund Revenues by Source Revenue Category FY2009 Proposed % of Total Property Tax $ 2,884,060 45.5% Licenses, fees, and permits $ 1,055,785 16.6% Sales Tax $ 1,003,045 15.8% Grants $ 341,550 5.4% Franchise $ 299,494 4.7% Interfund Transfer In $ 199,502 3.1% Fines & warrants $ 191,875 3.0% Charges for services $ 159,700 2.5% Miscellaneous $ 106,150 1.7% Investment Income $ 100,200 1.6% Revenue Total $ 6,341,361 100.0% APPROPRIATIONS Total General Fund Appropriations for the 2008 — 2009 Budget are $6,289,129. This is an increase of approximately 17.4% compared to the 2007 — 2008 Budget. Personnel costs constitute 65.3% of the General Fund Budget. There is only one (1) new addition to Personnel in the proposed budget and all other Departmental existing positions are proposed to be funded. Program Enhancement and Capital Expenditures included in the proposed appropriations and planned for the 2008 --- 2009 Fiscal year by Division are as follows: CONTINUATION AND PROGRAM DIVISION ENHANCEMENT DESCRIPTION Administration $12,000 Dedicated Community Communications Program Planning $55,000 GIS increase, Annexation, Aerial Maps, Subscription to TRAKiT Program Hosting Engineering $40,000 Update to Town's Roadway Impact Fee Ordinance Police Fire Streets Parks and Recreation Administration $186,000 Communications Manager, Hand held radios, Outfit police officers for safety, Leased vehicles and additional cruisers, Weapons and vehicle equipment to outfit 3 vehicles- 2 new and a seized Tahoe $14,000 Leased vehicle $11,200 Trailer $17,000 Support equipment for maintenance The Administration proposed budget includes funding a dedicated communication program for the community. This represents funding one of the Town Council's goals and fulfills the commitment to improve communication between the Town and those it serves. What once was a section of the budget, Communications, has been folded into the Administration's budget. There are no other additions to the Administration budget. Police While additional Police Officers have been requested, the budget as presented does not include any additional Police personnel with the exception of a Communications Manager. With the Town's successful designation by the State to implement a 911 Dispatch Operation, there is a need to hire a Communications Manager in the coming Fiscal Year. This position will be responsible for the coordination of the dispatch project from inception and is expected to later serve as the Dispatch Supervisor. The budget as presented includes funding for the purchase or required tactical equipment including vests, personal and vehicle radios, and the continued acquisition of police vehicles. Additional costs reflected in the Police Department budget include contractual costs with Collin County for Animal Control. Municipal Court The 2008-2009 Municipal Court proposed budget reflects increased costs resulting from the potential relocation of the Police Department to the current Town Hall, and the entire costs associated with their current location now being the responsibility of the Municipal Court. These increased costs even though they are actually just being redistributed from the Police Department's budget, include additional rent, electricity and IT costs. EMS/Fire The 2008-2009 proposed budget reflects the addition of the six (6) personnel the Town was able to bring on as a result of receiving the SAFER Grant. The SAFER grant reimbursement will cover 62.3% of these six firefighters and an additional three (3) that were already budgeted for 2007-2008 and were able to be incorporated into the Grant. With these additional Firefighters/Paramedics, the Town for the first time is able to provide full time paid staff service to the residents on a 24/7 basis for both Fire and Ambulance services. Up until this time, paid part time staff and volunteers supplemented paid staff in accomplishing this goal. Personnel cost in this department reflect the single largest increase in the overall budget for the Town in the coming fiscal year. Public Works — Streets and Parks and Recreation There are no significant changes or additions to the Street Budget proposed in 2008-2009 over the current fiscal year. In Parks and Recreation there are a several program changes proposed. The first change in Contracted Services represents increases resulting from additional park land coming online this coming fiscal year, including Folsom and Whitley Place parks. In the case of Whitley Place, the Town has entered into an agreement stating that the costs for the maintenance of this park will be pass through costs, reimbursed by the Developer; therefore the costs while revenue neutral should be recognized. The second cost increase in this division reflects the continued purchase of equipment to support the maintenance of the fields. Development Services - Inspections, Planning and En in�g There are no significant changes proposed for any of the divisions of Development Services. The Inspections Division will continue to utilize a private contractor to perform all health/food establishment/hotel inspections. Planning will continue to contract with Frisco's GIS department for mapping services and planned expenses are identified for the continuation of the Town's annexation of areas within its existing ETJ. This budget also includes the hosting service fee for the TRAKiT software program, which will support all of Development Services better than the existing tool. Contained within the Engineering Division's proposed budget is the update to the Town's Roadway Impact Fee Ordinance necessitated by the continued growth of the Town, increased construction cost and certain development agreements that have been entered into by the Town. ENTERPRISE AND SPECIAL REVENUE FUNDS GENERAL OBLIGATION I&S FUND This fund represents the debt portion of the tax rate. Debt payments from I&S for 2008-2009 will total $2,055,959, an increase of $189,011 from the current year's budget. WATER, SEWER AND SOLID WASTE UTILITY FUND Revenues for the Water, Sewer and Solid Waste Fund are expected to increase to $3,895,993 without any revenue enhancements. Based on a the to be adopted business plan for the Water and Sewer Utility Fund, there will need to be revenue enhancements adopted to cover existing and future operations and maintenance costs as well as debt service and contracted sewer costs with Upper Trinity beginning in the 2009-2010 fiscal year. Additionally due to TCEQ rules, the Town will need to adopt the equivalent of a per connection/door charge for any existing and future multi -family, nursing home and mobile home parks. Regarding Solid Waste, IESI has begun to bill the Town an additional $0.53 per residential customer per month for fuel costs. The fuel surcharge increase for commercial customers is $1.71 per month. This additional cost of approximately $1,700 per month and should be passed on to the customer as contemplated in the contract with IESI. Water/Sewer Fund Revenues by Source Revenue Category FY2009 Proposed % of Total Water Charges $ 2,417,300 62.05% Sewer Charges $ 674,200 17.30% Solid Waste Charges $ 424,900 10.91% W/S Tap & Construction $ 200,000 5.13% Investment Income $ 93,000 2.39% Penalties $ 69,300 1.78% Service Initiation $ 14,000 0.36% Licenses, fees, and permits $ 1,650 0.04% Miscellaneous $ 1,643 0.04% Revenue Total $ 3,895,993 100.00% Expenses for the fund total $3,965,346 resulting in a net "loss" of $69,353 for the fiscal year, which will decrease the net asset balance of these funds. The projected Operating Revenues are well short of the targets established within the proposed business plan for these utilities. The additional revenues over expenses projected in the business plan are to be designated for reserves, capital investment reserves and debt service reserves. There is a $45,000 increase in Professional Services for the implementation of a Rate Study for the Water and Sewer Fund. This is critical in light of the targets, and in anticipation of the payments to the Upper Trinity system for sewer service beginning October 1, 2009. The Contractual/Professional Services category of the enterprise fund accounts for 34.5% of the budgeted expenditures; this category is comprised of sewer management fees and other directly related professional service fees, but also includes the Town's solid waste expense. The proposed budget calls for the addition of a mower and a 1-Ton Utility Pickup. Utility Billing received funds to complete the setup for online utility payments on STW, the Town's financial system. There have been numerous citizen requests for this feature and the major hardware is already in place. STORMWATER UTILITY FUND There are currently no Revenues or Expenditures identified for this fund. Staff is completing an initial rate analysis that would at least cover the cost of engineering studies needed for establishing the parameters for a base rate for all customers, residential and non-residential. GENERAL DISCUSSION ITEMS The following items also have been incorporated into the Proposed 08-09 Budget: In an effort to defer the rising costs of health care and simultaneously provide a more cost - feasible medical plan to our employees, the Town has elected to insure through a high deductible plan accompanied by a Medical Expense Reimbursement Plan (MERP). This will require some funding to the Internal Service Fund, but should produce a net savings based on actuarial experience. Expected MERP claims are $45 per member per month, but the proposed budget funded this at twice the amount to ensure ample coverage. The cost to have renewed the previous coverage would have been $213,528. Including the new design, MERP administration fees and MERP liability, the Town is projected to save almost $38,000 in medical premiums. If the claims experience is twice the actuarial estimate, the Town still saves $5,900 dollars as compared to the traditional plan. • Proposed Personnel Policy Manual revision impacts: Two (2) days total paid time off were added. The merits of the current longevity pay practice (whereby employees receive $25/month of service and are capped at $1,000) are being reviewed and possibly revised to a $5/month with a benefit service limit of 25 years. This is more in line with standard practice in the market and would do more to incentivize long term service. This would not be implemented at any financial loss to existing employees. To make sure existing employees receive the full benefit as they had before the policy change, the Town could add the difference between the previous calculation and the new calculation directly into the employee's salary. The Proposed Budget includes $60,304 for payments made to employees to "cash out" vacation balances in excess of 40 hours. This is written in the policy so as to allow a total of 80 hours to be paid out per employee per fiscal year, but is being reduced to 40 hours due to budget constraints. The purpose of introducing this option is to reduce the Town's accrued liability from carrying existing employees "banked" vacation hours, placing a new limit on carry over, and limiting the Town's future liability in this area as new employees are hired. • Changes were made to TMRS to allow for a 20 year, any age retirement instead of the current 25 years. This constitutes an increase of 0.29% of employee wages or $10,225. For an additional 0.17% or $6,000, the Proposed Budget also calls for the allowance of a TMRS provision called Transfer Updated Service Credit. These updates combined should help in Town's recruitment efforts, especially for experienced public safety staff. Due to budget priorities and constraints, additional staff requests other than the Police Communications Manager's position have not been included. One last personnel issue that will be examined for implementation in the coming Fiscal Year is the implementation of a Public Safety Step Plan for Police and Fire. As this Step Plan is being finalized, it will be presented in the coming months for formal adoption separate and apart from this proposed budget. The plan will have to be implemented in phases and as such the first phase will not be recommended for implementation until April of 2009 if accepted by the Town Council. If Council supports the implementation of the Step Plan, the impact on the 2008-2009 fiscal year will be approximately $55,000. Other Budget Issues to be addressed in Fiscal Year 2008-2009: The Town Council and staff in the coming Fiscal Year will be working to create budget policies that address targets for Fund Balance/Net Assets as a percent of Annual Revenues over Annual Appropriations/Expenditures, Salaries and Related Expenses as a percent of annual operations and maintenance costs, target capital expenditures and multi -year budgeting. Other items that will be addressed include improving monthly budget reports designed to assist in identifying cash flow/operating requirements and the impact of economic cycles on the Town's budget. In summary, staff is able to present a proposed budget that meets the objectives provided by Council, utilizing the current tax rate, keeping personnel cost minimized compared to overall Appropriations, while maintaining continued capital and equipment investment. The momentum of the Town's growth going into FY 09 has been slowed somewhat by the downturn in the market. With the opening of the DNT frontage road north through Prosper, the addition of a couple of high quality multi -family projects and additional commercial space, the Town will continue to experience solid growth in population and property values. In this time of slower growth, the Town will prepare itself to better manage the rapid demand for services expected in future years. The Proposed Budget facilitates only needed improvements and expansions to this end. Total Freeze Adjusted Taxable Value Tax Rate Per $100 Tax Collections Tax Collections -Freeze Total Tax Levy One Cent Equals Debt Service 41% Ad Valorem Taxes $ 940,820,954 0.520000 $ 4,892,269 $ 170,880 $ 5,063,149 $ 94,082 Tax Rate Distribution FY 2008-2009 General Fund 59% 2007 / 2008 2006 / 2007 General Fund Debt General 37% Service W Fund 47% 53% Debt JGri Service General Fund Tax Rate (M & O) Debt Service Tax Rate ( I & S) Total Tax Rate 63% PER $100 VALUATION 2006 / 2007 2007 / 2008 2008 / 2009 08-09 % 0.184549 0.275075 0.305011 59% 0.314268 0.244925 0.214989 41 % 0.498817 0.520000 0.520000 100% 2 Tax Rate Comparison Fiscal Year 2007 2007 Tax Rate 0.80 0.70 0.60 0.50 0.40 0.30 0.20 0.10 0.00 ayy`o J`Qri \�F of \`yya Jr�ea rye P\eo Pcca `ccea Q°�c� J0 �a 1111 1 111 1 111111 AI11111 11 11 �11111� CSC FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 Lucas 0.372507 0.376600 0.376600 0.375000 0.375000 Parker 0.270000 0.282000 0.310000 0.377080 0.377078 Frisco 0.432000 0.422960 0.444893 0.450000 0.450000 Murphy 0.430400 0.468320 0.468300 0.468300 0.468300 Little Elm 0.399800 0.357500 0.399020 0.470000 0.470000 Prosper 0.324100 0.479700 0.405385 0.498817 0.520000 Melissa 0.437969 0.490215 0.520000 0.520000 0.520000 Aubrey 0.555450 0.52624 0.526240 0.526240 0.526240 Sachse 0.560056 0.558321 0.558319 0.553408 0.553408 Allen 0.561000 0.560000 0.559000 0.558000 0.558000 Anna 0.499703 0.499703 0.525000 0.525000 0.575000 McKinney 0.598000 0.593000 0.588000 0.588000 0.583000 Pilot Point 0.499900 0.463310 0.500000 0.590000 0.590000 Farmersville 0.577730 0.554447 0.546005 0.599755 0.605165 Princeton 0.701300 0.675000 0.675000 0.649700 0.649699 Celina 0.760000 0.750000 0.740000 0.690000 0.655000 Colony 0.720000 0.720000 0.720000 0.715000 0.715000 Wylie 0.705000 0.695000 0.695000 0.706780 0.733250 0 r-I 0 m U m tka Li. m 7 m N 0 a 0 L a cn 0 0 N 1 00 O O N Li. o ud M Ln M O Ln O Ln 00 I\ tD Ln tD O .--! t� O O CL H Ln M N O� N Ln a--1 M M �-i O4 O N d lD ��i i�i `--I 00 Ln m 00 O Ln a1 O Ln Ln O O O Ln N O ti N V m tD m Ln N r-I N tD 01 o0 O Ln O I, O Ln t0 M cri t- N m 00 tD N rl O O I, I, Ln N 00 Ln .-L M N O y � 00 O .-i Lri 00 a1 -o:� t+i a Ln Qi e-i O ri of tD r. 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VII In </) In </) </) Vf LD M M 00 Ln ri O r\ N 0) C1 LD V1 N V1 M N 00 M O N t\ O N r-1 00 Ln !} M Q ra-I M -t* r\ LD r-1 N rr-1 n t\ ri ri Ol ri O l0 00 r-1 M N Y LL -C4 -C4 V/ - V/ - in In in In In Vf c 0 4 0 01 0 a, L C M to CC U C _u C C H C L 00 C Q Nc LL 01 �r N c G L •C C7 C cu C C 01 01 V U\ i E a � Y C C � ° � L as Q U Lw a � — Lin a a 2 2E c� c� M 01 01 in O O r- et t\ N t\ lO 00 r, 00 a ,4 01 W M N Ln LD Ln r-I 00 LD LD Ln N "I 01 N ri lY1 <nv�<nvr rn r% l0 Z Z Ln 0) Ln LT La La Ln 00 LD 01 O W d 0) r-I awl N V1 N O Ln r-I r-I 00 N ri lY1 Ln M La a 00 O N r•L r- r-I O LT Lf1 N ri N O N Ln Ln N ri 00 N ri !M1 kD in ri ri kD M en M en N N c c ,v LL00 Li C 3 3 0) m Ln L L CA L a1 Qi 4+ L a; 0 p ;I�SPER Departmental Budget Allocations by Category Administration Departments FY 2007 Actual FY 2008 Budget FY 2008 Revised FY 2009 Proposed General Fund Administrative 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 07 Capital 09 Interfund Transfer Out Communications 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services $ 719,096 $ 892,641 $ 884,296 $ 905,233 $ 449,829 $ 557,703 $ 571,580 $ 504,231 $ 12,336 $ 22,740 $ 12,400 $ 17,720 $ 63,597 $ 115,823 $ 70,065 $ 92,375 $ 192,066 $ 190,695 $ 228,751 $ 257,692 $ 1,268 $ 5,680 $ 1,500 $ 5,000 $ - $ - $ 28,215 $ 1,494 $ 25,500 $ 9,100 $ - $ 3,190 $ 200 $ - $ 295 $ 3,340 $ - $ - $ 1,199 $ 18,970 $ 8,900 $ - Administration Departments Total 1 $ 720,589 1 $ 918,141 $ 893,396 $ 905,233 1of6 Pri(S PER. Departmental Budget Allocations by Category Development Services Departments FY 2007 Actual FY 2008 Budget FY 2008 Revised FY 2009 Proposed General Fund Engineering 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 07 Capital Planning 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 07 Capital Inspections 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 07 Capital $ 130,716 $ 176,926 $ 175,926 $ 112,626 $ 112,601 $ 119,631 $ 2,600 $ 2,500 $ 1,850 $ 8,765 $ 8,115 $ 10,735 $ 6,725 $ 53,710 $ 43,710 $ - $ - $ - $ 190,269 $ 288,288 $ 374,391 $ 381,313 $ 76,504 $ 159,638 $ 187,573 $ 197,913 $ 15,683 $ 9,875 $ 9,875 $ 5,600 $ 28,506 $ 23,125 $ 23,310 $ 29,872 $ 68,366 $ 95,650 $ 153,125 $ 147,420 $ 1,210 $ - $ 508 $ 508 $ 443,753 $ 567,950 $ 558,558 $ 611,974 $ 332,878 $ 448,504 $ 448,504 $ 511,659 $ 19,424 $ 20,004 $ 20,624 $ 13,770 $ 34,397 $ 53,502 $ 43,490 $ 52,485 $ 31,555 $ 40,760 $ 40,760 $ 34,060 $ 25,499 1 $ 5,180 $ 5,180 1 $ - Development Services Departments Total 1 $ 634,022 1 $ 986,954 1 $ 1,109,875 1 $ 1,169,213 2 of 6 p TOWN S PER. Departmental Budget Allocations by Category Public Works - General Fund Departments FY 2007 Actual FY 2008 Budget FY 2008 Revised FY 2009 Proposed General Fund Streets 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 07 Capital Parks and Recreation 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 07 Capital $ 177,028 $ 331,059 $ 338,259 $ 309,682 $ 82,071 $ 100,609 $ 101,783 $ 102,170 $ 25,748 $ 67,180 $ 50,680 $ 66,480 $ 52,226 $ 81,470 $ 97,902 $ 91,782 $ 16,983 $ 35,800 $ 36,100 $ 38,050 $ 46,000 $ 51,794 $ 11,200 $ 60,255 $ 221,549 $ 205,459 $ 277,483 $ 25,961 $ 64,941 $ 65,601 $ 90,501 $ 689 $ 3,500 $ 3,100 $ 2,450 $ 29,646 $ 58,600 $ 40,250 $ 50,982 $ 3,404 $ 73,400 $ 75,400 $ 116,550 $ 556 $ 21,108 $ 21,108 $ 17,000 Public Works - GF Total 1 $ 237,283 1 $ 552,608 1 $ 543,718 1 $ 587,165 3 of 6 P TOWN ER. Departmental Budget Allocations by Category Law Enforcement Departments FY 2007 Actual FY 2008 Budget FY 2008 Revised FY 2009 Proposed General Fund Police 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 07 Capital Municipal Court 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 07 Capital $ 913,131 $ 1,146,625 $ 1,086,893 $ 1,385,556 $ 543,294 $ 692,761 $ 678,789 $ 862,073 $ 18,586 $ 28,900 $ 24,501 $ 38,970 $ 107,926 $ 142,294 $ 116,151 $ 206,885 $ 149,947 $ 174,910 $ 160,042 $ 171,116 $ 93,377 $ 107,760 $ 107,410 $ 106,512 $ 124,820 $ 157,610 $ 178,458 $ 203,503 $ 58,501 $ 61,540 $ 61,868 $ 62,748 $ 2,896 $ 4,800 $ 3,805 $ 4,400 $ 52,347 $ 66,700 $ 89,780 $ 96,845 $ 11,077 $ 24,570 $ 23,005 $ 39,510 $ - $ - $ - haw Enforcement Total 1 $ 1,037,9511 $ 1,304,235 1 $ 1,265,3511 $ 1,589,059 4of6 prTOWN S PER. Departmental Budget Allocations by Category Fire/EMS Department FY 2007 Actual FY 2008 Budget FY 2008 Revised FY 2009 Proposed General Fund Fire/EMS 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 07 Capital $ 1,014,587 $ 1,595,479 $ 1,583,700 $ 2,038,459 $ 735,435 $ 998,131 $ 1,057,826 $ 1,653,812 $ 40,274 $ 66,800 $ 65,786 $ 67,025 $ 201,479 $ 242,319 $ 220,049 $ 268,472 $ 19,862 $ 59,879 $ 43,529 $ 33,750 $ 17,537 $ 228,350 $ 196,510 $ 15,400 Fire/EMS Total 1 $ 1,014,587 1 $ 1,595,479 $ 1,583,700 1 $ 2,038,459 5of6 Departmental Budget Allocations by Category Public Works - Water/Sewer Fund Departments FY 2007 Actual FY 2008 Budget FY 2008 Revised FY 2009 Proposed Water/Sewer Water 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 07 Capital 08 Bond 09 Interfund Transfer Out Sewer 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 07 Capital 09 Interfund Transfer Out Utility Billing Department 01 Personnel 04 Materials and Supplies 05 Town Services/Maintenance 06 Contractual/Professional Services 09 Interfund Transfer Out $ 2,336,165 $ 2,525,785 $ 2,520,665 $ 2,512,487 $ 481,840 $ 309,202 $ 308,697 $ 354,561 $ 498,384 $ 863,800 $ 862,500 $ 1,041,925 $ 1,231,658 $ 454,308 $ 453,908 $ 414,636 $ 641,760 $ 384,215 $ 386,640 $ 480,600 $ 355,918 $ 446,600 $ 441,260 $ 12,000 $ - $ 67,660 $ 67,660 $ 67,660 $ (873,395) $ - $ - $ 141,105 $ 1,202,103 $ 1,159,969 $ 1,285,972 $ 140,943 $ 142,943 $ 109,318 $ 69,800 $ 72,300 $ 51,750 $ 235,010 $ 181,000 $ 191,562 $ 656,350 $ 665,350 $ 842,930 $ 100,000 $ 98,376 $ 52,000 $ - $ - $ 38,412 $ 124,026 $ 121,055 $ 166,887 $ 76,256 $ 73,865 $ 82,350 $ 4,800 $ 5,200 $ 6,750 $ 7,310 $ 5,710 $ 8,077 $ 35,660 $ 36,280 $ 45,000 $ - $ - $ 24,710 Public Works -W/S Total 1 $ 2,336,165 1 $ 3,851,914 1 $ 3,801,689 1 $ 3,965,346 6of6 p ;LOWN OF SPER GENERAL FUND Schedule of Personnel Fiscal Year Budget 2008 - 2009 FY 05/06 FY 06/071 FY 07/08 1 FY 07/08 1 FY 08/09 Revised Revised I Adopted I Revised I Proposed Administration 4 5 5 5 5 Police 7 9 11 11 12 Fire 9 9 14 20 20 On -call temporary pool 10 10 10 12 12 Streets 2 2 2 2 2 Parks 1 1 2 2 2 Court 1 1 1 1 1 Inspections 4 7 8 8 8 Code Enforcement 1 1 1 1 1 Planning 1 2 3 3 3 Engineering 0 1 1 1 1 Total Full -Time 28 36 46 52 53 Total Part -Time 2 2 2 2 2 Total Temporary 10 10 10 12 12 Total General Fund 40 48 58 66 67 WATER/SEWER FUND Water 4 5 5 5 5 Wastewater 3 2 2 2 2 Utility Billing 1 1 2 2 2 Total Full -Time 8 8 9 9 9 Total Part -Time 0 0 0 0 0 Total Water/Sewer Fund 8 8 9 9 9 Economic Development Corporation Administration Total Full -Time Total Part -Time Total Economic Development Corp. Subtotal All Funds Full -Time Subtotal All Funds Part -Time Subtotal All Funds Temporary TOTAL ALL FUNDS 2 2 2 2 2 2 2 1 1 1 0 0 1 1 1 2 2 2 2 2 38 46 56 62 63 2 2 3 3 3 10 10 10 12 12 50 58 69 77 78 ISPER OWN OF P GENERAL FUND REVENUES EXPENDITURES Town of Prosper Fiscal Year 2008 - 2009 Proposed Budget CONSOLIDATED STATEMENT A B C D Projected Proposed Actual Budgeted Year End Budget 2006-2007 2007-2008 2007-2008 2008-2009 4,252,331 3,644,432 5,357,419 5,510,922 6,341,361 5,357,419 5,396,040 6,289,129 WATER / SEWER FUND REVENUES 5,161,710 3,867,000 3,961,930 3,895,993 EXPENDITURES 3,888,951 3,851,914 3,801,689 3,965,346 NET REVENUES OVER (UNDER) EXPENDITURE8 1.272.759 1 15.086 1 160.241 1 (69.353) DEBT SERVICE FUND REVENUES 1,967,566 1,965,930 2,059,520 2,116,409 EXPENDITURES 1,700,752 1,866,948 2,028,517 2,059,959 NET REVENUES OVER (UNDER) EXPENDITUREq 266,814 1 98,982 1 31,003 1 56,450 CAPITAL PROJECTS FUND REVENUES 1,255,386 206,100 690,026 220,000 EXPENDITURES 8,106,116 8,404,244 6,794,866 802,075 NET REVENUES OVER (UNDER) EXPENDITURE (6.850.730) (8.198.144) (6.104.840) (582.0757) PARKSFUND REVENUES 697,348 614,000 537,000 EXPENDITURES 32,770 35,000 - - IMPACT FEES FUND REVENUES 1,961,462 2,223,500 871,000 856,000 EXPENDITURES 826,331 449,200 239,036 195,049 NET REVENUES OVER (UNDER) EXPENDITURE 1,135,131 1 1,774,300 1 631,964 1 660,951 ECONOMIC DEVELOPMENT CORP. REVENUES 463,146 440,000 427,725 363,333 EXPENDITURES 176,269 319,066 678,751 337,355 INTERNAL SERVICE FUND REVENUES - - - 33,480 EXPENDITURES - - - 33,480 NET REVENUES OVER (UNDER) EXPENDITURE - - - - Town of Prosper FY 2008 - 2009 Town Proposed Budget General Fund Summary Fund Balance / Reserves Proposed FY 06/07 FY 07/08 FY 07 / 08 FY 08 / 09 Actual Budgeted Projected Budget GENERALFUND REVENUES Taxes: Property Sales Franchise Licenses, fees, and permits Charges for services Grants Investment Income Fines, warrants and seizures Contributions Miscellaneous EXPENDITURES Current: General Government Police Department Fire Department Streets Parks and Recreation Court Inspections Engineering Planning Communications Capital Outlay $ 1,112,082 $ 2,179,403 $ 2,263,000 $ 2,884,060 $ 1,207,541 $ 1,202,000 $ 1,102,900 $ 1,003,045 $ 304,284 $ 269,065 $ 285,232 $ 299,494 $ 1,078,345 $ 1,144, 950 $ 1,145, 334 $ 1,055,785 $ 155,717 $ 148,820 $ 163,200 $ 159,700 $ - $ 184,000 $ 150,800 $ 341,550 $ 134,275 $ 62,430 $ 95,200 $ 100,200 $ 128,591 $ 120,000 $ 191,000 $ 191,875 $ 131,497 $ 46,750 $ 114,256 $ 106,150 Total Revenues $ 4,252,331 $ 5,357,419 $ 5,510,922 $ 6,141,859 $ 719,322 $ 912,461 $ 891,896 $ 872,018 $ 944,573 $ 1,196,475 $ 1,157,941 $ 1,482,547 $ 997,050 $ 1,367,129 $ 1,387,190 $ 2,023,059 $ 177,028 $ 285,059 $ 286,465 $ 298,482 $ 59,699 $ 200,441 $ 184,351 $ 260,483 $ 418,254 $ 562,771 $ 553,378 $ 611,974 $ - $ 130,716 $ 176,926 $ 175,926 $ 189,059 $ 288,288 $ 373,883 $ 380,805 $ 139,447 $ 414,078 $ 384,010 $ 155,620 Total Expenses $ 3,644,432 $ 5,357,419 $ 5,396,040 $ 6,260,914 Excess / (Deficit) $ 607,900 $ - $ 114,882 $ (119,055) OTHER FINANCING SOURCES(USES) Capital Leases $ - $ - $ - $ - Transfers In $ - $ - $ - $ 199,502 Transfer Out $ - $ - $ - $ (28,215) Total Other Financing Sources (uses) $ - $ - $ - $ 171,287 Net change in fund balances Fund Balance, beginning (as stated) Fund Balance, ending Balance of Unrestricted Funds 25% Reserve 10% Contingency Amount over / (under) Reserve Actual Reserve % $ 607,900 $ - $ 114,882 $ 52,232 $ 2,485,265 $ 3,093,165 $ 3,093,165 $ 3,208,047 $ 3,093,165 $ 3,093,165 $ 3,208,047 $ 3,260,279 $ 3,093,165 $ 3,093,165 $ 3,208,047 $ 3,260,279 $ 911,108 $ 1,339,355 $ 1,349,010 $ 1,565,229 $ 364,443 $ 535,742 $ 539,604 $ 626,091 $ 1,817,614 $ 1,218,068 $ 1,319,433 $ 1,068,959 84.87% 57.74% 59.45% 52.07% I-F PS P E R. Town of Prosper FY 2008 - 2009 Town Proposed Budget Public Works Fund Summary Net Assets / Reserves Proposed FY 06/07 FY 07/08 FY 07 / 08 I FY 08 / 09 Actual Budgeted Projected Budget WATER / SEWER FUND OPERATING REVENUES Water and Sewer charges $ 2,065,819 $ 2,961,480 $ 2,386,000 $ 2,486,600 Sanitation charges $ 358,543 $ 348,000 $ 390,000 $ 424,900 Water and Sewer connections $ 426,659 $ 400,000 $ 400,000 $ 200,000 Service initiation fees $ 592,963 $ 25,520 $ 668,980 $ 688,200 Miscellaneous $ 33,423 $ 51,000 $ 31,950 $ 3,293 Total Operating Revenues $ 3,477,407 $ 3,786,000 $ 3,876,930 $ 3,802,993 NON -OPERATING REVENUES Interest Income $ 131,516 $ 81,000 $ 85,000 $ 93,000 TRANSFERSIN Operating transfers $ 873,395 $ - $ - $ - Transfers in from other funds 679,392 $ - $ - $ - Total transfers in $ 1,552,787 $ - $ - Total Revenues $ 5,161,710 $ 3,867,000 $ 3,961,930 $ 3,895,993 OPERATING EXPENSES Personnel services $ 481,840 $ 526,401 $ 525,505 $ 546,229 Materials and supplies $ 353,663 $ 838,563 $ 1,870,914 $ 1,846,360 Contractual services $ 2,096,047 $ 2,102,290 $ 1,088,270 $ 1,368,530 Amortization $ 16,547 $ 17,000 $ - Depreciation $ 284,291 $ 300,000 $ 300,000 $ - Total Operating Expenses $ 3,232,388 $ 3,767,254 $ 3,801,689 $ 3,761,119 NON -OPERATING EXPENSES Interest expense and fiscal charges Net Income (loss) before operating transfers TRANSFERS Transfers out for Internal Service Fund Transfers out for capital assets $ 656,563 $ 84,660 $ - $ - $ 1,272,759 $ 15,086 $ 160,241 $ 134,874 $ - $ - $ - $ (4,725) $ - $ - $ - $ (199,502) Total transfers $ - $ - $ - $ (204,227) Change in NetAssets(Loss) $ 1,272,759 $ 15,086 $ 160,241 $ (69,353) Net Assets, beginning (as stated) $ 6,617,771 $ 7,890,530 $ 7,890,530 $ 8,050,771 Net Assets, ending $ 7,890,530 $ 7,905,616 $ 8,050,771 $ 7,981,417 Operating 16% Reserve $ 517,182 $ 602,761 $ 608,270 $ 601,779 Capital Replacement Reserve per Workplan $ 231,902 Total Reserves $ 833,681 PriOWN OF S PER. Town of Prosper FY 2008 - 2009 Town Proposed Budget Debt Service Summary Proposed FY 06/07 FY 07/08 FY 07 / 08 I FY 08 / 09 Actual Budgeted Projected Budget DEBT SERVICE FUND REVENUES Taxes: Property $ 1,875,901 $ 1,940,430 $ 2,032,120 $ 2,087,409 Investment Income (Interest) $ 91,665 $ 25,500 $ 27,400 $ 29,000 Total Revenues -$ 1,967,566 $ 1,965,930 $ 2,059,520 $ 2,116,409 EXPENDITURES Debt Service: Principal $ 336,553 $ 805,192 $ 383,325 $ 445,800 Interest $ 489,858 $ 1,061,756 $ 475,244 $ 458,811 Total Expenditures $ 826,411 $ 1,866,948 $ 858,569 $ 904,611 Excess of revenues over expenditures $ 1,141,155 $ 98,982 $ 1,200,951 $ 1,211,798 OTHER FINANCING SOURCES (USES) Administrative Fees $ (947) $ - $ (3,456) $ (4,000) Transfers in for debt service $ - $ - $ (157,880) $ - Transfers out for debt service $ (873,395) $ - $ (1,008,612) $ (1,151,348) Total other financing sources $ (874,341) $ $ (1,169,948) $ (1,155,348) Net change in fund balances Fund Balance, beginning (as stated) Fund Balance, ending $ 266,814 $ 98,982 $ 31,003 $ 56,450 $ 314,558 $ 581,372 $ 581,372 $ 612,375 $ 581,372 $ 680,354 $ 612,375 $ 668,825 Town of Prosper Proposed Budget Fiscal Year, 2008-2009 Capital Projects Fund Balance / Reserves Proposed FY 06/07 FY 07/08 FY 07 / 08 FY 08 / 09 Actual Budgeted Projected Budget CAPITAL PROJECTS REVENUES Proceeds From Bond Issuance Miscellaneous Grants Investment Income (Interest) Total Revenues EXPENDITURES Current: General Government Capital Outlay Total Expenditures Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Bonds Issue Bond issuance cost Due From Water Sewer Transfers In Transfers Out Total other financing sources Net change in fund balances Fund Balance, beginning Fund Balance, ending $ 500,000 $ 755,386 $ 206,100 $ 365,026 $ 220,000 $ 1,255,386 $ 206,100 $ 365,026 $ 220,000 $ - $ - $ 452,467 $ - $ 8,106,116 $ 8,404,244 $ 6,342,399 $ 802,075 $ 8,106,116 $ 8,404,244 $ 6,794,866 $ 802,075 $ (6,850,730) $ (8,198,144) $ (6,429,840) $ (582,075) $ - $ - $ 325,000 $ - $ - $ - $ 325,000 $ - $ (6,850,730) $ (8,198,144) $ (6,104,840) $ (582,075) $ 19,114,768 $ 12,264,038 $ 12,264,038 $ 6,159,198 $ 12,264,038 $ 4,065,894 $ 6,159,198 $ 5,577,123 PITOWN SPER. Town of Prosper Proposed Departmental Budget Fiscal Year, 2008-2009 Park Summary Fund Balance Proposed FY 06/07 FY 07/08 FY 07 / 08 FY 08 / 09 Actual Budgeted Projected Budget PARK FUND REVENUES Park Improvement Fees $ 388,000 $ 352,000 $ 208,897 $ 400,000 Park Dedication Fees $ 292,188 $ 255,000 $ 209,210 $ 100,000 Park Improvement -Interest $ 7,912 $ 2,500 $ 19,000 $ 18,000 Park Dedication -Interest $ 9,248 $ 4,500 $ 18,000 $ 19,000 Total Revenues $ 697,348 $ 614,000 $ 455,107 $ 537,000 EXPENDITURES General government -Parks Improv $ 31,697 $ 35,000 $ - $ - General government -Parks Dedication $ 1,073 $ - $ - $ - Total Expenses $ 32,770 $ 35,000 $ - $ - Excess / (Deficit) $ 664,579 $ 579,000 $ 455,107 $ 537,000 OTHER FINANCING SOURCES (USES) Total Other Financing Sources (uses) $ - $ - $ - $ - Net change in fund balances Fund Balance, beginning (as stated) $ 664,579 $ 579,000 $ 455,107 $ 537,000 $ 416,498 $ 1,081,077 $ 1,081,077 $ 1,536,184 Fund Balance, ending $ 1,081,077 $ 1,660,077 $ 1,536,184 $ 2,073,184 Town of Prosper Proposed Departmental Budget Fiscal Year, 2008-2009 Impact Fees Summary Proposed FY 06107 FY 07108 FY 07108 FY 08 / 09 Actual Budgeted Projected Budget IMPACT FEES REVENUES Impact Fees Water $ 613,716 $ 648,750 $ 225,000 $ 225,000 Sewer $ 542,123 $ 494,250 $ 180,000 $ 175,000 Thoroughfare $ 697,259 $ 1,014,500 $ 385,000 $ 375,000 Investment income $ 108,365 $ 66,000 $ 81,000 $ 81,000 Total Revenues $ 1,961,462 $ 2,223,500 $ 871,000 $ 856,000 EXPENDITURES General Government $ - $ - $ - $ - General Government -water $ 17,695 $ - $ - $ - General Government -sewer $ 17,695 $ - $ 34,036 $ - General Government -thoroughfare $ 11,529 $ - $ - $ Capital Outlay -water $ 126,974 $ 329,200 $ 100,000 $ - Capital Outlay -sewer $ 517,028 $ - $ 70,000 $ 195,049 Capital Outlay -thoroughfare $ 135,410 $ 120,000 $ 35,000 $ - Total Expenses $ 826,331 $ 449,200 $ 239,036 $ 195,049 Excess / (Deficit) $ 1,135,131 $ 1,774,300 $ 631,964 $ 660,951 OTHER FINANCING SOURCES (USES) Transfers In $ Transfers Out _ Total Other Financing Sources (uses) $ Net change in fund balances Fund Balance, beginning (as stated) $ 1,135,131 $ 1,774,300 $ 631,964 $ 660,951 $ 1,401,989 $ 2,537,120 $ 2,537,120 $ 3,169,084 Fund Balance, ending $ 2,537,120 $ 4,311,420 $ 3,169,084 $ 3,830,035 p I TOWN SPER. Town of Prosper FY 2008 - 2009 Town Proposed Budget Economic Development Corporation Net Assets / Reserves Proposed FY 06/07 FY 07/08 FY 07 / 08 FY 08 / 09 Actual Budgeted Projected Budget ECONOMIC DEVELOPMENT OPERATING REVENUES Sales Tax $ 401,647 $ 390,000 $ 406,153 $ 333,333 Interest $ 61,367 $ 50,000 $ 21,572 $ 30,000 Other Income $ 132 $ - $ - $ - Total Operating Revenues $ 463,146 $ 440,000 $ 427,725 $ 363,333 OPERATING EXPENSES Total Operating Expenses $ 176,269 $ 319,066 $ 353,751 $ 336,815 Transfer Out $ 325,000 $ 540 Total Expenses $ 176,269 $ 319,066 $ 678,751 $ 337,355 INCOME (LOSS) $ 286,878 $ 120,934 $ (251,026) $ 25,978 Change in Net Assets $ 286,878 $ 120,934 $ (251,026) $ 25,978 Fund Balance, beginning (as stated) $ 1,121,239 $ 1,408,117 $ 1,408,117 $ 1,157,090 Fund Balance, ending $ 1,408,117 $ 1,529,051 $ 1,157,090 $ 1,183,068 p TOWN sPER. Town of Prosper FY 2008 - 2009 Town Proposed Budget Internat Service Fund Fund Balance Proposed FY 06/07 FY 07/08 FY 07 / 08 FY 08 / 09 Actual Budgeted Projected Budget INTERNAL SERVICE FUND OPERATING REVENUES Transfers In $ - $ - $ - $ 33,480 Total Operating Revenues $ - $ - $ - $ 33,480 OPERATING EXPENSES Total Operating Expenses $ - $ - $ - $ 33,480 Transfer Out $ - $ - Total Expenses $ - $ - $ - $ 33,480 INCOME (LOSS) $ - $ - $ - $ - Change in Net Assets $ - $ - $ - $ - Fund Balance, beginning (as stated) $ - $ - $ - $ - Fund Balance, ending $ - $ - $ - $ - V/ rJ^ /i V ^W 0 w IL Z 2 W 0 5a ■ a Q t� M O N 1 00 O O N M P4 w�OWT � za 0V) o^ y y y N_ � J J J YJ YJ O YJ 7 J 7 J J z .LL... .LL... .LL... .LL_. c .LL... LL... .LL... .LL... LL... .LL... 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U F- H H H F- n J p U n IL J LL m� E �2cN [] m n m E o Q � n nao �U$ O $� OC N n O m E ~ ~ E c 1 N a� E �9c c 10 c j Y m 2a ;ISPER OWN OF ADMINISTRATION To: Mayor and Town Council From: Mike Land, Town Manager Re: Town Council Meeting — August 12, 2008 Date: August 8, 2008 Agenda Item: Consider and act upon a proposed tax rate for FY 2008-2009. Description of Agenda Item: This action does NOT adopt the budget and/or tax rate. It does however set the maximum tax rate the Council can consider for adoption. This is the rate that will be advertised in advance of the public hearings. The Council may after the public hearings choose to adopt any tax rate up to the maximum rate as advertised. The Council may choose to set a lower tax rate other than the advertised rate, but can not set a rate higher than the rate advertised. Budget Impact: NA Legal Obligations and Review: NA Attached Documents: Town Staff Recommendation: Town staff recommends that the Town Council consider and act on approving a maximum proposed allowable tax rate of $.52. Agenda Item No. 12 - Page 1 of 1 ISPER ADMINISTRATION OWN OF To: Mayor and Town Council From: Mike Land, Town Manager Cc: Re: Public Hearings for Proposed FY 2008-2009 tax rate Agenda Item• Consider and act upon a schedule for public hearings on the proposed FY 2008-2009 tax rate. Description of Agenda Item: Per state law the Town Council must hold two public hearings for the proposed FY 2008-2009 tax rate. The public hearings are scheduled for August 26, 2008 and September 9, 2008. Budget Impact• N/A Legal Obligations and Review: N/A Attached Documents: N/A Board, Committee and/or Staff Recommendation: Town staff recommends the Town Council approve the public hearing dates for the Proposed FY 2008-2009 tax rate for August 26, 2008 and September 9, 2008. Item No. 13 Page 1 of 1