08.23.2011 Town Council PacketPage 1 of 3
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1. Call to Order / Roll Call
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag
3. Announcements of dates and times of upcoming community events
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial.
The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove
any item for discussion and separate action. Council members may vote nay on any single item without
comment and may submit written comments as part of the official record.)
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings (AP)
• August 9, 2011 – Regular Town Council Meeting
b. Consider and act upon the July 2011 monthly financial statements (MG)
ORDINANCES, RESOLUTIONS AND AGREEMENTS
5. Consider and act upon adopting Resolution No. 11-56, recognizing the Prosper Youth Sports
Association (PYSA) as a preferred athletic league as per Section 7 of the Town’s Comprehensive
Parks Ordinance. (WH)
6. Consider and act upon adopting Resolution No. 11-57, recognizing the Prosper Area Soccer
Organization (PASO) as a preferred athletic league as per Section 7 of the Town’s Comprehensive
Parks Ordinance. (WH)
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
AGENDA
Regular Meeting of the Prosper Town Council
Prosper ISD Administration Building
605 E 7th Street, Prosper, Texas
Tuesday, August 23, 2011 at 6:00 p.m.
Page 2 of 3
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing to
address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to
speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
PUBLIC HEARING
8. A public hearing to consider and act upon a request to rezone 9.6± acres, located on the west side of
Coit Road, 200± feet south of Frontier Parkway, from Single Family-15 (SF-15) to Planned
Development-Single Family (PD-SF). (Z11-0009). (CC)
9. A public hearing to consider and discuss the Fiscal Year 2011-2012 Budget as proposed. (MG)
DEPARTMENT ITEMS
10. Discussion of SB 100 regarding options for municipal elections during even numbered years. (AP)
11. Consider and act upon Ordinance No. 11-58, amending the Town’s residential building permit fee.
(WS)
12. Consider and discuss water and sewer rate increases, expected FY 2011-2012 shortfalls and future
revenue requirements. (MG)
13. Consider and discuss including approximately $450,000 of General Obligation debt along with the
anticipated debt refunding issue. (MG)
14. Consider and act upon Resolution No. 11-58 declaring the intent of the Town to reimburse
expenditures pertaining to site acquisition for, and design costs of, a public works facility and
expenditures for drainage improvements from proceeds of future debt obligations to be issued by
the Town. (MG)
EXECUTIVE SESSION
15. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas
conflicts with the Open Meetings Act regarding:
a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
north of First Street, West of Preston, East of Dallas North Tollway, and South of Prosper Trail.
b. To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
16. Adjourn
Page 3 of 3
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place
convenient and readily accessible to the general public at all times, and said notice was posted at least 72 hours before said meeting was convened.
_________________________________ ________________ ____________________
Amy Piukana, TRMC
Town Secretary Date Notice Posted Date Noticed Removed
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open.
Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this
Executive Session, will be taken and recorded in open session.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to
attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are
requested to contact the Town Secretary’s Office at (972) 346-2640 or by FAX (972) 347-2111. BRAILLE IS NOT AVAILABLE.
Page 1 of 5
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Prosper is a place where everyone matters.
1. Call to Order / Roll Call.
Mayor Smith called the meeting to order at 6:04 p.m.
Council present included: Mayor Ray Smith, Mayor Pro Tem Kenneth Dugger, Deputy Mayor Pro
Tem Meigs Miller, Danny Wilson, Curry Vogelsang Jr., Dave Benefield and Jason Dixon.
Council Member(s) absent: None
Staff present included: Mike Land, Town Manager, Amy Piukana, Town Secretary, Hulon Webb,
Director of Development Services; Chris Copple, Planning & Zoning Manager; Trish Eller, Code
Enforcement Officer; Frank Jaromin, Public Works Director; Matthew Garrett, Finance Director;
Wade Harden, Senior Planner Parks & Recreation.
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag. The invocation was given by
Council Member Benefield. The pledge of allegiance and pledge to the Texas Flag was given.
3. Announcements of dates and times of upcoming community events. Town Manager Mike Land
announced the community prayer walk is scheduled at PISD August 14, 2011 at 6 p.m. Mr. Land
also announced that the Board and Commissions advertisement will be published in the Prosper Press
newspaper to advertise our various board openings. Mr. Land noted that the Town of Prosper
website will have applications available online. Council Member Dixon announced that the Prosper
Youth (7) and (8) year old coach pitch baseball team won the Mississippi Championship.
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial.
The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove
any item for discussion and separate action. Council members may vote nay on any single item without
comment and may submit written comments as part of the official record.)
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings (AP)
• July 26, 2011 – Regular Town Council Meeting
MINUTES
Regular Meeting of the Prosper Town Council
Prosper ISD Administration Building
605 E 7th Street Prosper, Texas
Tuesday, August 9, 2011 at 6:00 p.m.
Page 2 of 5
FINANCE
b. Consider and act upon accepting the Quarterly Investment portfolio for the period ending June 30,
2011. (MG)
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
c. Consider and act upon Ordinance No. 11-53 establishing new school zone times. (KM)
d. Consider and act upon Ordinance No.11-54 amending the Town’s Thoroughfare Plan
(Section 13 of the Town’s Comprehensive Plan) revising the alignment of F.M. 1385, Gee
Road, and Fishtrap Road. (CA11-0001). (CC)
e. Consider and act upon Ordinance No.11-55 rezoning 39.4± acres, located on the north side of
Fishtrap Road, 500± feet east of existing F.M. 1385, from Planned Development-51- Retail (PD-
51-R) and Agricultural (A) to Planned Development-Retail (PD-R). (Z11-0007). (CC)
f. Consider and act upon an amendment to the contract with Collin County for Animal Control
Services, extending the agreement through FY2011-12 at a cost of $34,563 authorizing the Town
Manager to execute the same. (TE)
g. Consider and act upon an amendment to the contract with Collin County for Animal Sheltering
Services, extending the agreement through FY2011-12 at a cost of $23,620 authorizing the Town
Manager to execute the same. (TE)
Council Member Wilson moved to approve Consent Items 4a. – 4g. Motion seconded by Council Member
Benefield.
Motion approved by vote of 7-0.
CITIZEN’S COMMENTS
(The public is invited to address the Council on any topic. However, the Council is unable to discuss or take
action on any topic not listed on this agenda. Please complete a “Public Comments Form” and present it to
the Town Secretary prior to the meeting.)
5. Other Comments by the Public - Mike Wadsworth spoke regarding his safety concerns with the speed
limit on Preston Road and a single point of access to the Stone Creek Subdivision.
Agenda Item 7 was addressed before Agenda Item 6.
7. Consider and act upon initiating Stage 2 Drought Contingency and Water Emergency Response
Measures. Public Works Director Frank Jaromin was present to answer any questions.
Council Member Wilson moved to approve Stage 2 Drought Contingency and Water Emergency
Response Measures and instructed staff to begin implementation on August 10, 2011. Motion
seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
Page 3 of 5
PUBLIC HEARING
6. A public hearing to consider and act upon Ordinance No. 11-56 to approve a negotiated settlement
agreement and resulting tariffs with Atmos Energy Corporation Mid-Tex Division as recommended
by the ACSC Settlement Committee and ACSC legal counsel. Finance Director Matthew Garrett
briefed Council Members regarding the proposed ordinance. Mr. Garrett explained that the
Ordinance and rates are the result of negotiations between ACSC and the Company to resolve issues
raised by ACSC during the review and evaluation of ACSC’s RRM filing. The Ordinance resolves
the Company’s RRM filing by authorizing supplemental revenue of $6.6 million to be recovered
through the customer charge component of rates to cover direct incremental costs associated with a
steel service line replacement program approved as part of last year’s rate adjustment. All other
relief requested by Atmos Mid Tex is denied. The 2010 Settlement Agreement contemplated that the
steel service line replacement program would be adjusted annually, but shall be capped at $.0044
cents for residential customers and $1.22 for commercial customers. The increase in this case is
consistent with the caps contemplated last year for the steel service line replacement program, and
nothing more. The monthly bill impact for residential customers will be a $0.35 increase in the base
charge from $7.15 to $7.50.
Mayor Pro Tem Dugger made a motion to open the public hearing. Motion seconded by Deputy
Mayor Pro Tem Miller. Motion approved by vote of 7-0.
Jehnne Hooker with Atmos Energy of Plano spoke in favor of the Ordinance and was present to
answer any questions.
There being no one else to speak in support and or opposition, Deputy Mayor Pro Tem Miller moved
to close the public hearing. Motion seconded by Council Member Benefield.
Motion approved by vote of 7-0.
Deputy Mayor Pro Tem Miller moved to approve Ordinance No. 11-56 approving the negotiated
settlement agreement and resulting tariffs with Atmos Energy Corporation Mid Tex Division as
recommended by the ACSC Settlement Committee and ACSC legal counsel. Motion seconded by
Council Member Dixon.
Motion approved by vote of 7-0.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing to
address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to
speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
DEPARTMENT ITEMS
8. Consider and act upon Resolution No. 11-55 authorizing the Town Manager to execute an audit
engagement letter with Davis Kinard & CO, P. C. for the independent audit for Fiscal Year 2011 and
Fiscal Year 2012 Financial Reports with three (3) optional one-year renewals thereafter. Finance
Director Matthew Garrett briefed Council regarding the Resolution.
Page 4 of 5
Mayor Pro Tem Dugger moved to approve Resolution No. 11-55, authorizing the Town Manager to
execute an audit engagement letter with Davis Kinard & Co, P. C. for the independent audit for FY
2011 and FY 2012 Financial Reports with three (3) optional one year renewals thereafter. Motion
seconded by Council Member Vogelsang.
Motion approved by vote of 7-0.
9. Submission and discussion of the FY 2011-2012 Budget and Budget Message by the Town
Manager. Town Manager Mike Land in accordance with the Town Charter presented a proposed
budget and budget message for the FY 2011-2012. Town Manager Mike Land gave a brief
presentation regarding the proposed budget recommendations which include an additional Police
Officer to increase depth in Police Patrol. He also noted that the Parks Department will add two
Equipment Operators, two Technicians and two Temporary Seasonal Maintenance Workers to help
maintain additional park facilities and ball fields. The Building Inspection Department’s part time
Permit Technician position will be reclassified to a full time position to keep up with the growth and
to ensure coverage. The Water and Sewer Departments will both add an additional Utility Worker
and the Utility Office Coordinator will be added to the Water Department. Mr. Land discussed
property values, property tax rates, sales tax, utility rates and the General Fund.
10. Consider and act upon a schedule for public hearings on the FY 2011-2012 Budget. Town Manager
Mike Land proposed August 23, 2011 as a scheduled date for public hearing on the FY 2011-2012
Town Budget.
Deputy Mayor Pro Tem Miller moved to approve that August 23, 2011 be the set scheduled date for a
public hearing on the FY 2011-2012 budget. Motion seconded by Council Member Dixon.
Motion approved by vote of 7-0.
11. Consider and act upon a proposed 2011 property tax rate. Town Manager Mike Land briefed Council
regarding the 2011 proposed tax rate of $0.52.
Council Member Dixon moved to propose a 2011 tax rate of fifty two cents ($0.52) per one hundred
dollars ($100) of valuation, which is lower than both the effective rate and the rollback rate. Motion
seconded by Council Member Vogelsang.
Motion approved by vote of 7-0.
12. Consider and act upon a schedule for public hearings on the proposed 2011 tax rate. No action taken.
EXECUTIVE SESSION
Council Member Dixon moved to recess into Executive Session at 6:47 p.m. Motion seconded by
Mayor Pro Tem Dugger.
Motion approved by vote of 7-0.
13. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas
conflicts with the Open Meetings Act regarding:
Page 5 of 5
a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property totaling 18
acres and located south and east of the intersection of Cook Lane and Prosper Trail.
b. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
north of First Street, West of Coit, East of Preston Road, South of FM 1461.
c. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
west of Preston Road, south of First Street, north of Highway 380, and east of the Dallas North
Tollway.
d. Section 551.071. Receive legal advice options for economic and community development and
the use of sales taxes and general funds.
e. To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
Mayor Pro Tem moved to reconvene into regular session at 7:37 p.m. Motion seconded by Council
Member Vogelsang.
Motion approved by vote of 7-0.
No action was taken as a result of closed session.
14. Adjournment- Council Member Dixon moved to adjourn the meeting at 7:40 p.m. Motion seconded
by Council Member Wilson.
Motion approved by vote of 7-0.
___________________________________
Ray Smith, Mayor
ATTEST:
___________________________
Amy M. Piukana, TRMC
Town Secretary
WtS[DF
SPER
A PLACE WHERE EVERYONE MATTERS
FINANC IAL S
FY 2010 —2011
July,2011
P
END-OF-MONTHCASHOVERVIEW(RECONCILED)JULY,2011FCW1’-JCJaplace whereeveryonemattersCASHOVERVIEWInternalGeneralWaterlSewerServiceCapProjCapProjCapProj2010TaxStormepasImpact*SpRevSp.RevFundI&SFund04Bond06Bond08BondNoteDrainage(Ded+Imp)FeesFundEscrowEDCTOTALSCASH-LOCALBANK3,387,050 2,383,9551,429,97740,729255,931-1,208,83458,853214,900326,2252,475,85366,2901,078,1511,755,32414,682,074CERT.OFDEPOSIT2,000,0004,500,000300,0006,800,000TEXPOOLBALANCE84,0324,70237,548-165,686-----2,205,997--1,3232,499,288TEXSTARBALANCE323,150----886,2012,621,632--1,236,9042,478,713-971,0761,1888,518,865TOTAL5,794,2326,888,6571,767,52540,729421,617886,2013,830,46658,853214,9001,563,1307,160,56366,2902,049,2281,757,83532,500,227*ParksFundcombinesParksDedicationandParksImprovementImpactFeesconsistofWaterImpact,SewerImpactandThoroughfareImpactfees.SpecialRevenueFundfigureconsistofCourtTechnologyFd,CourtSecurityFd,Policedonations,Firedonations,SafetyFairdonations,ChildSafetycollections,andShatteredDreamsdonations.Theseareallretrictedfundsforspecificpurposes.TotalRestrictedFunds18,059,502
c,Wr4DFSPER‘aplacewhere everyonemattersEND-OF-MONTHCASHOVERVIEW(RECONCILED)JULY, 201114,682,07445%$8,518,86526%$2,499,2888%TEXSTARBALANCEWater/SewerInternalServiceCapProjFundFund04Bond
ci)
C.)
ci)
0
C-)
ci)
ci)
0
YTDTotals $5,232,897.99 101.68%$5,556,413.18 102.90%$5,978,261.40 99.21%Collected YTD
includes delinquent
collections
$5,146,372.81 $5,399,872.83 $6,026,100.54 Total taxes due
includes delinquent
before adjustments
PROPERTY TAX COLLECTIONS
THREE (3)YEAR COMPARISON
FOR PEAK COLLECTION MONTHS
$2,750
$2,500
$2,250
-$2,000
$1,750
Cl)$1,500
$1,250
$1,000
$750
$500
$250
r---——---
-4--
‘
Oct Nov Dec Jan Feb Mar Apr
•*v
PROPERTY TAX COLLECTIONS
THREE (3)YEAR COMPARISON
PERCENT OF TOTAL DUE (Before Adjustments)COLLECTED
120%
100%
80%
60%
40%
20%
0%
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
I %ofTotal
Month Taxes Due
Oct $...2 0.94%
Nov $178,822.73 3.47%
Dec $2,123,446.32 41 .26%
Jan $1,516,971.29 29.48%
Feb $800,731.47 15.56%
Mar $209,277.90 4.07%
Apr $31,317.89 0.61%
May $101,971.76 1.98%
June $88,426.23 1.72%
July $80,718.20 1.57%
Aug $27,893.94 0.54%
Sept $24,802.34 0.48%
$
$
$
$
$
$
$
$
$
$
$
$
%of Total %of Total
Taxes Due Taxes Due
19,127.14 0.35%$.,3.22 1.11%
134,228.60 2.49%$245,708.45 4.08%
2,569,783.42 47.59%$2,307,007.29 38.28%
1,428,265.19 26.45%$2,289,662.66 38.00%
809,613.41 14.99%$698,822.18 11.60%
253,646.04 4.70%$199,858.51 3.32%
79,658.28 1.48%$36,824.36 0.61%
123,102.41 2.28%$67,437.54 1.12%
51,866.19 0.96%$39,365.06 0.65%
59,782.87 1.11%$26,492.13 0.44%
17,246.48 0.32%
10,093.15 0.19%$
$250,000
$200,000
$150,000
$100,000
$50,000
$-
THREE YEAR (3)COMPARISON
TOWN OF PROSPER SHARE OF SALES TAX
PROS PER,TEXAS
Town Share T.own Share
Month FY 08)09 FY 09/10
n’i]i1i
e $Amount
Inc /(Dec)
%of Change
inciLP..cc)
YTDTotaIs $1,072,690.95 $1,303,744.06 $1,005,365.32 $(76,364.92)
$1,100,000.00 Budgeted Sales Tax
-7.06%
***Received large quarterly sales tax pmt from local business
July,Budgeted:
July,Received:
YTD Mo’iy Budgeted:
YTD Mo’ly Received:
$117,606.00 for month of July,2011
$153,415.34
$35,809.34 Increase over budgeted
30.45%%July,2011 variance
$890,779.00 YTD July-201 1
$1,005,365.32
$114,586.32 Increase
12.86%YTD variance
—.—I %C—
Oct $94,362.57 $100,898.03 $102,733.59 $1,835.56 1.82%
Nov $102,455.23 $87,322.54 $63,109.58 $(24,212.96)-27.73%
Dec $75,727.34 $91,239.15 $73,055.18 $(18,183.97)-19.93%
Jan $94,211.42 $112,125.21 $77,725.99 $(34,399.22)-30.68%
Feb $61,017.45 $67,208.54 $76,266.92 $9,058.38 13.48%
Mar $65,889.62 $63,837.14 $91,119.20 $27,282.06 42.74%
Apr $88,604.24 $185,754.33 $134,429.49 $(51,324.84)-27.63%
May $88,311.00 $78,933.26 $111,390.14 $32,456.88 41.12%
June $83,398.78 $74,820.33 $122,119.89 $47,299.56 63.22%
July $114,686.45 $219,591.71 $153,415.34 $(66,176.37)-30.14%
Aug $104,612.27 $116,390.79 $-$-0.00%
Sept $99,414.58 $105,623.03 $-$-0.00%
gluser_r&a2rbutlerTownofProsperPage10:5508/17/11Rev/ExpFundCategoryRept(3>Fund:PeriodEnding:7/2011AccountDescriptionCurrentCurrentCurrent CurrentCurrentCurrentCurrentCurrentMusherYearMonthMonthMonthYTD‘lTD‘lTDRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetGENERALFUNDREVENUESProperty‘fax3.880,789.00-42,658.00-17,053,93—25,604.073,833,631.00—3,846,526.36—12,895.36-34,262.64—SalesTax1,103,500.00-118,542.00-154,897.60—36,355.60-893.281.00-1,009,117.16-115,836.16-94,382.84-Franchise327,550.00-34,887.00-29,415.28-5,471.72290,279.00-337,031.60-46,752.60-9,481.60License.Fees,aPermits622.175.00-59.5S2.5O-81,759.90-22.207.40-521,995.00-633,406.55-111,411.55-11,231.55ChargesforServices210,905.00-17,575.42-18,442.13-866.71-175,754.20-149,956.56-25,797.6460,948.44-Grants234,183.00-51.430.00-4.277.40-47,152.60234,183.00-277,775.12-43,592.12-43,592.12InvestmentsIncOme50,500.00-4,041.67-3.867.55-174.1245,416.70-55.698.55-10,281.85-5,198.55Fines&Warrants220,000.00-18.333.33-17,265.00-1,068.33183,333.30-186.922.38-3,589.08-33.077.62TransferIn429.400.00-214.700.00-214.700.00-214.700.00-Miscellaneous36,110.00-1,009.17-842.25-166.9234,091.70-108,848.22-74,756.52-72,738.22TotalRevenues7,115.112.00-348,029.09:327,821.04-20,208.056,211,96490-6,819.982.50-608.017.60-295,129.50-appropriationsPersonnel4.791,400.00540,923.91375,203.99165.719.92-3,942.492.103,908.846.0833.646.02-882,553.92MaterialsandSupplies304,630.0024,668.5122,223.322.445.19-265,536.10214,124.4451,411.66-90.505,56TownServicesIMaintenance393,570.0033,076.44 16,472.8716,603.57-333,652.40334,008.75356.3559,561.25Contractual/ProfessionalSer1.411.060.00141,578.18126,088.4215,489.76-1.180,808.80 1,211,482.0530,673.25199,577.95Capital263,135.9445,232.18-45,232.18-263,135.94247,351.6815.784.26-15,784.26InterfundTransferOut88,633.0058,393.0058.393.00-88,633.00Totalappropriations7.252,428.94740,247.04494.756,42245,490.62-6,044,018.345,915,813.00128,205.34—1.336,615.94RevenueOver/(Under>Approp137,316.94392,217.95166.935,38225,282.57-167.946.56-904,169.50-736.222.94-1.041,486.44
gluser_r&a2rbutler10:5508/17/11Fund:AccountDescriptionNumberTownofProsperRev/ExpFundCategoryRept(3)PeriodEnding:7/2011CurrentTearAdoptedCurrentMonthBudgetCurrentMonthActualCurrentYTOBudgetPage2CurrentCurrentnonoActualVarianceCurrentRemainingBudgetCurrentMonthVariance478.27—1,114.535,231.45-33,075.00-740.00-177,074.33—29,675.18-2,231.02-6,549.72-253,940.45-21,202.45-26.881.6214,204.94-39,221.40-537.181.50-MATERaSEWERFONDRevenueslicenses.Fees,aPermits1.100.00-200.00-678.27-1,633.91-1,233.91-533.91InvestmentTocone40,000.00-3,333.33-2,218.80-35,404.26-2.070.96-4,595.74-Miscellaneous15,000.00-1,250.00.6,481.45-37.612.58-25,112.58-22,612.58N/STapaConnection135,000.00-12.900.00-45.975.00-330,251.00-221,251.00-195,251.00ServiceInitationFees18,000.00-1,500.00-2,240.00-25.745.00-10,745.00-7.745,00MaterCharges3,300.000.00-385.600.00—562,674.33—2,766.944.92—473,944.92-533,055.08-SewerCharges1,471,410.00-116,000.00-145,675.19-1,315.398.23-87,998.23-156,011.77-Penalties20.000.00-2,200.00-4,431.02-46.963.56-31.463.56-26,963.56SolidWasteCharges560.000.00-48.333.33-54.883.05-507.226.47-23,893.17-72,773.53-TotalRevenues5,580,510.00-571.316.66-825,257.11-5,067.179.93-877,713.33-513,330.07-AppropriationsPersonnel585,275.0064,804.4243,601.97447,074.0034,063.20-138,201.00MaterialsandSupplies1.058.850.0076,975.00103,856.62825,460.4749,835.47233,389.53TownServicee/Maintenance482,475.0040,120.0025,915.06333.045,6944,337.31-149,429.31Contractual/ProfessionalServi1,762,400.00147,747.34108,525.941,378,566.4886,705.92-383,833.52CapitaliS00000537161360987139013139013Bonds1,353,465.0064,534.00 64,532.50471,442.062,197.06882,022.94ToterfundTransfersOut422,725.00209,000.00209,000.00213,725.00TotalAppropriations5,680.190.00394,180.76346,969.2747,211.49-3,583,662.603,678,188.5794,535.972.001,991.43RevenueOver/(Onder)Approp99,680.00177,135.90-478,287.84-301,151.94-605,804.00-1,388.981.36-783,177.36-1,488,661.36400.00—33,333.30-12,500.00-109,000.00-15,000.00-2,293,000.00-1,227•400.00-15,500.00-483,333.30-4,189•466.60-481,137.20775,625.00377,383.001,465,272.4015.000.00469,245.00
gluser_r&a2rhutlerTownofProsperPage310:5508/17/11Rev/ExpFundCategoryRept(3)Fund:PeriodEnding:7/2011AccountnsseriSti-nnCurrentCurrentCurrentCurrentCurrentCurrentCurrentCurrentNunherYearMonthMonthMonthYTD370370RemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetINTEREST&SINKINGFUNDRevenuesPropertyTax2.161,128.00-23,411.00-9.438.20-13,972.802,135,466.00-2,133,735.04-3.730,9629.392.96-InvestmentIncome24,000.00-1,000.00-1.391.89-391.89-23.400.00-15,165.69-8,234.318,834.31-TotalRevenues2,180,128.00-24,411.00-10,830.09-13,580.912,158,866.00-2,146,900.73-11,965.2738,227.27-Appropriationsponds2,000,499.00954,551.00956,045.941,494.941,044,453.06InterfundTransfersOutTotalAppropriations2,000,499.00954,551.00956,045.941,494.941.044,453.06RevenueOver/(Under)Approp184,629.00-24,411.00-10.830.09-13.580,911,204.315.00-1,190,854.79-13,460.211.006.225.79INTERNALSRRVICBFUNDRevenueInterestIncome500.00-41.47-41.47-500.00-482.04-17.9617.96-InterfundTransfersIn71,010.00-2,835.00-2,835.00-71.010.00-28,530.00-42,480.0042,480.00-TotalRevenues71,510.00-2,876.47-2,876.47-71,510.00-29,012.04-42,497.9642,497.96-AppropriationsPersonnel50,000.001,402.361,402.3650,000.0034,176.3515.823.65-15,823.65TotalAppropriations50.000,001,402.361,402.3650,000.0034.176,3515.823.65-15.823,65RevenueOver/(Uhder)Approp21,510.00-1,474.11-1,474.11-21,510.00-5,164.3126,674.3126,674.31-
RemainingBudgetgluser_r&a2rhutler10:5508/17/11Fund:TownofProsperRev/ExpFundCategoryRept(3)PeriodEnding:7/2011Page4Accountiescrzptzonuurrentcurrentcurrent‘..nrreurcurrentcuaentcurrentmusherYearMonthMonthMonthnOrIDrIOAdoptedBudgetActualVarianceBudgetActualVarianceSTORMDRAINAGEFUNDRevenuesStormDrainageUtilityFee168,000.00-16.409.45-16.409.45-168,000,00-159,134.67-8,865.338,865.33-TotalInvestnentIncome200.00-218.92-218.52-200.00-1,874.78-1,674.78-1,674,78TotalMiscellaneous500.00-500.00-500.00500.00-TotalRevenues168,700.00-16,628.37-16,628.37-168,700.00-161,009.45-7,690.557,690.55-AppropriationsMaterialsaSupplies13,072.2013,072.2013,072.2013.072,2013,072.20-TotalProfessionalServices140,000.007,200.007,200.00140,000.0018,512.58121,487.42-121,487.42TotalContractServices1,888.781,888.781,888.78-TotalCapital10,000.0010.000,0010.000.00-10.000,00TotalInterfundTransferOut11,400.0011,400.005,700.008,700.00-5,700.00TotalAppropriations161,400.0020,272.2020,272.20161,400.0039,173.56122,226.44-122,226.44TotalRevenueOver/(under)App7,300.00-3,643.833,643.837,300.00-121,835.89-114,539.89-114,535.89PARKSFUNDRevenueInvestmentIncnme8,000.00-489.64-489.64-8,000.00-7,02003-979.97979.97-ParkFees220000009500095000220000001850002183500021835000TotalRevenues228,000.00-1.439.64-1,439.64-228,000.00-8,670.03-219.329,97219,329.97-Apprnpriations(Parka)Contractual/ProfessionalSer20100000131028941310299420100000436773432357734323577343TotalAppropriatiOoS201,000.00131,028.94131,028.94201,000.00436,773.43235,773.43235,773.43-Revenueover/(Under(Approp27,000.00-129,589.30129,589.3027,000.00-428,103.40455,103.40455,l03.40
IMPACTFEESFUNDRevenueInvestmentIncomeImpactFeesTotalRevenuesAppropriationsContractual/ProfessionalServiCapitalInterfundTransfersOutTotalAppropriationsRevenueOven(Under)AppropSPECIALREVENUEDONATIONFUNDRevenueCourtFeesContributionsEscrowIncomeOrantsMiscellaneousTotalRevenuesTownofProsperRev/sapFundCategoryRept(3)PeriodEnding:7/2011glueer_r&a210:5508/17/11Fund:rbutlerAccountNumberDescriptionCurrentMonthActualCurrentMonthVarianceCurrentYearAdopted25.000.00-650.000.00-675,000.00-CurrentCurrentYTDrIDBudgetActualPage5CurrentCurrentrIDRemainingVarianceBudgetCurrentMonthBudget2.589.32-2.589.32-25,000.00-25.192.49-192.49-192.49187,624.00-187.624.00-650,000.00-1,250,007.76-600,007.76-600,007.76190,213,32-190,213.32-675,000.00-1,275,200.25-600,200.25-600,200.2540,732.0540,732.05159,271.64159,271.64159,271.641,300,000.001,300,000.00233,609.001,066,191.00-1.066,191.001.300.000.0040,732.0540,732.051.300,000.00393,080.64906,919.36-906,919.36625,000.00149,481.27—149,481.27—625,000.00862.119.61-1,507.119.61-1.507,119.616,900.00-43,500.00-2,000.00-52.400.00-48,663.18-48,663.18-626.50-626.50-6,900.00-6,368.30-531.70531.70-2,649.00-2,649.00-43,500.00-54,144.84-10,644.84-10,644.8445,387.68-45,387.68-60,254.45-60,254.45-60,254.452,000.00-2,000.002,000.00-52,400.00-120.767.59-68,367.59-68,36759
gluser_r&a2rbutler10:5508/17/11Fund:AccountDescriptionNumber3ppropriations(Op.Rev.)TownServices/MaintenanceTotalAppropriatioosReveoueOver?(Under)AppropCAPTTALPROJECTSFUNDRevenueGrants/ReimbursementsInvestmentInconeInterfundTransfersInBendProceedsTotalRevenueAppropriationsContractual/ProfessionalServiCapitalBondCostsTotalIoterfundTransfersOutTotalAppropriationsRevenueover/lUnder)Approp290,000.00-96,885.006,400,000.00TownofProsperRev/sxpFundCategoryRept(3)PeriodBoding:7/2011CurrentCurrentBoothBoothActualVarianceCurrentCurrentCurrent-nOYTOnoBudgetActualVariance9,132.61-3,207,939.08-47,045.00CürrentRemainingBudget9,132.613,207,939.0847.048.00-BoothBudgetYearAdopted59,200.0059,200.006,800.00235,000.00-59,000.00-Page66,095.836,095.8342,567.35-6,095.836,095.8342,567.35-59,200.0059,200.006,800.0081,126.0581,126.0539,641.54-1,108,856.50-25,666.53-235,000.00-1.501.26-1,501.26-55,000.00-21,926.0521.926,0546,441.54-873.856.50-29.333,4721,926.05-21,926.05-46,441.54873,856.5029,333.47-2, 045,000.002,889.523.032,045,000.00-2,045,000.00-1,501,26-1,501.26—290.000,00-3,179,523.03—2,889,523.03—10,154.9010,154.9096,885.0087,752.395,400.695,400.696,400,000.003,192,060.9247,045.006,496,885,006,206,885.0014,054.3314,094.336,206.885.0015,559.5915,555.996.496,885.003,326,859.313,170,026.69-3,170,026.69147,335.286,059,549.72-6.059,549.72
gluser_r&a2rhutlerTownofProsperPage710:5508/17/11Rev/REpFundCategoryKept(3)Fund:PeriodEnding:7/2011Account-——CurrentCurrentCurrentCurrentCurrentCurrentCurrentCurrentNumberYearMonthMonthMonthfiDfiDfluRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetECONOMICDEVELOPMENTCORPRevenuesSalesTax366,66700-39,202.00-51,138.44-11.936.44-296.926.00—335,l20.7038.194.70-3l.546.30InvestmentIncome20,000.00-1,700.00-1,700.97-.9717,000.00-16.619.25-380.753,380.75OtherIncomeTotalRevenues386,667.00-40.902.00-52.839.41-11,937.41-313,926.00—351.739.95-37,913.95-34.927.05-AppropriationsPersonnel29,005.003,350.001,993.611,356.39—23,632.0026,829.153,197.152,175.85Maintenance&Supplies4,000.00458.3414.94443.40-3,458.401,362.212,096.19-2,637.79TownServices/Maintenance37,300.003,075.33265.062,810.27-31,149.3014,120.3117,028.99-23,179.69Contractual/ProfessionalServi87,450.007,287.493,952.723,334.77-73,249.9043,332.2829,917.62-44,117.72CapitalInterfundTransferOutTotalAppropriations157,755.0014,171.166,226.337.944.83-131,489.6085,643.9545,945.65-72,111.05RevenueOver/(under)Approp228.912.00-26.730.84-46.613.06-19,882.24-182,436.40-266,096.00-83,659.60-37,184.00
Page 1 of 2
To: Mayor and Town Council
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
From: Wade Harden, Sr. Parks & Recreation Planner
Re: Town Council Meeting – August 23, 2011
Date: August 16, 2011
Agenda Item:
Consider and act upon adopting a resolution recognizing the Prosper Youth Sports Association
(PYSA) as a preferred athletic league as per Section 7 of the Town’s Comprehensive Parks
Ordinance.
Description of Agenda Item:
Section 7 of the Town’s Comprehensive Parks Ordinance allows the Town to recognize and
give preference to athletic leagues to serve the Town’s athletic recreation needs. Prior to the
recent amendment to the Comprehensive Parks Ordinance, the recognized league was Prosper
Sports Association (PSA). The league was removed from the Ordinance to allow more flexibility
for the Town when recognizing athletic leagues. The Town does reserve the right to remove
any league from preferential status at any time without cause.
The Prosper Youth Sports Association (PYSA) has submitted a request to Town staff to be
recognized as a preferred athletic league. As drafted, the resolution recognizes PYSA as a
preferred league for youth baseball, softball, football, and cheerleading.
Budget Impact:
There are no significant budget implications associated with this item.
Legal Obligations and Review:
Legal review of this item is not required.
Attached Documents:
• PYSA Resolution
Parks and Recreation Board Recommendation (PARBd):
At the August 11, 2011 PARBd meeting, the Parks & Recreation Board recommended the Town
Council approve the resolution recognizing PYSA as a preferred athletic league, by a vote of 5-
0.
PARKS &
RECREATION
Prosper is a place where everyone matters.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends the Town Council approve the resolution making PYSA a preferred
athletic league as per Section 7 of the Town’s Comprehensive Ordinance.
MOTION OPTIONS:
Make a motion to approve the resolution authorizing the Prosper Youth Sports Association
(PYSA) as a preferred athletic league as per Section 7 of the Town’s Comprehensive
Ordinance.
Or
Make a motion to deny the resolution authorizing the Prosper Youth Sports Association (PYSA)
as a preferred athletic league as per Section 7 of the Town’s Comprehensive Ordinance.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-56
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY RECOGNIZING THE PROSPER YOUTH
SPORTS ASSOCIATION (PYSA) AS A PREFERRED LEAGUE FOR
YOUTH SPORTS IN THE TOWN OF PROSPER, TEXAS.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town understands the benefits of recreational youth sports
being operated in the Town for the enjoyment of its citizens.
SECTION 2: The Town recognizes and gives preference to the Prosper Youth
Sports Association (PYSA) for the purpose of league play; to include games, practices
and activities that support league play.
SECTION 3: The Prosper Youth Sports Association (PYSA) is given preference
to provide the following recreational needs to the Town for the following sports:
• Youth Baseball League
• Youth Softball League
• Youth Football League
• Youth Cheerleading
SECTION 4: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS 23rd DAY OF AUGUST, 2011.
______________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 2
To: Mayor and Town Council
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
From: Wade Harden, Sr. Parks & Recreation Planner
Re: Town Council Meeting – August 23, 2011
Date: August 16, 2011
Agenda Item:
Consider and act upon adopting a resolution recognizing the Prosper Area Soccer Organization
(PASO) as a preferred athletic league as per Section 7 of the Town’s Comprehensive Parks
Ordinance.
Description of Agenda Item:
Section 7 of the Town’s Comprehensive Parks Ordinance allows the Town to recognize and
give preference to athletic leagues to serve the Town’s athletic recreation needs. Prior to the
recent amendment to the Comprehensive Parks Ordinance, the recognized league was Prosper
Sports Association (PSA). The league was removed from the Ordinance to allow more flexibility
for the Town when recognizing athletic leagues. The Town does reserve the right to remove
any league from preferential status at any time without cause.
The Prosper Area Soccer Organization (PASO) has submitted a request to Town staff to be
recognized as a preferred athletic league. As drafted, the resolution recognizes PASO as a
preferred league for youth soccer.
Budget Impact:
There are no significant budget implications associated with this item.
Legal Obligations and Review:
Legal review of this item is not required.
Attached Documents:
• PASO Resolution
Parks and Recreation Board Recommendation (PARBd):
At the August 11, 2011 PARBd meeting, the Parks & Recreation Board recommended the Town
Council approve the resolution recognizing PASO as a preferred athletic league, by a vote of 5-
0.
PARKS &
RECREATION
Prosper is a place where everyone matters.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends the Town Council approve the resolution making PASO a preferred
athletic league as per Section 7 of the Town’s Comprehensive Ordinance.
MOTION OPTIONS:
Make a motion to approve the resolution authorizing the Prosper Area Soccer Organization
(PASO) as a preferred athletic league as per Section 7 of the Town’s Comprehensive
Ordinance.
Or
Make a motion to deny the resolution authorizing the Prosper Area Soccer Organization (PASO)
as a preferred athletic league as per Section 7 of the Town’s Comprehensive Ordinance.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-57
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY RECOGNIZING THE PROSPER AREA
SOCCER ORGANIZATION (PASO) AS A PREFERRED LEAGUE FOR
YOUTH SPORTS IN THE TOWN OF PROSPER, TEXAS.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town understands the benefits of recreational youth sports
being operated in the Town for the enjoyment of its citizens.
SECTION 2: The Town recognizes and gives preference to the Prosper Area
Soccer Organization (PASO) for the purpose of league play; to include games, practices
and activities that support league play.
SECTION 3: The Prosper Area Soccer Organization (PASO) is given preference
to provide the following recreational needs to the Town for the following sports:
• Youth Soccer League
SECTION 4: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS 23rd DAY OF AUGUST, 2011.
______________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Agenda Item No. _ - Page 1 of 4
To: Mayor and Town Council
From: Chris Copple, AICP, Planning & Zoning Manager
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – August 23, 2011
Date: August 18, 2011
Agenda Item:
A public hearing to consider and act upon a request to rezone 9.6± acres, located on the west side
of Coit Road, 200± feet south of Frontier Parkway, from Single Family-15 (SF-15) to Planned
Development-Single Family (PD-SF). (Z11-0009).
History:
On Tuesday, July 19, 2011, the applicant met with representatives of the Highland Meadows HOA
and Town staff to discuss the proposed zoning request. On July 26, 2011, per the applicant’s
request, the Town Council tabled the item and public hearing to the August 23, 2011 Town Council
meeting to allow the applicant additional time to review and address the comments received from
the Highland Meadows HOA and the Planning & Zoning Commission. The applicant has revised
the Planned Development exhibits, specifically Exhibits B, C, and D, in an attempt to address
comments received by the Highland Meadows HOA and the Planning & Zoning Commission. The
changes to Exhibits B and C are shown in red, and the revised concept plan is Exhibit D.
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use Future Land Use Plan
North
Single Family-15 House of Worship Low Density Residential
East
Agricultural Single Family Residential Low Density Residential
South
Single Family-15 Single Family Residential
(Highland Meadows) Low Density Residential
West
Single Family-15 Single Family Residential
(Highland Meadows) Low Density Residential
Prosper is a place where everyone matters.
PLANNING
Agenda Item No. _ - Page 2 of 4
Requested Zoning – The property was annexed into the town and zoned Single Family-15 in 1997.
The property was annexed and zoned as part of a larger tract that has since developed as Phases
2 and 3 of Highland Meadows. While Phases 2 and 3 of Highland Meadows are zoned Single
Family-15, the minimum lot size in Highland Meadows is one acre (43,560 square feet). Z11-0009
is a request to rezone 9.6± acres, located on the west side of Coit Road, 200± feet south of
Frontier Parkway, from Single Family-15 (SF-15) to Planned Development-Single Family (PD-SF).
The requested Planned Development (PD) District allows for the development of up to nineteen
(19) single family lots or a maximum density of 1.97 dwelling units per gross acre. The PD specifies
a minimum lot size of 12,500 square feet. Town staff has compared the proposed PD standards to
the Town’s SF-12.5 and SF-15 districts in the table below.
Proposed PD SF-12.5 SF-15
Min. Lot Area 12,500 square feet 12,500 square feet 15,000 square feet
Min. Lot Width
80 feet (87 feet
adjacent to Highland
Meadows)
80 feet 100 feet
Min. Lot Depth
110 feet (150 feet
adjacent to Highland
Meadows)
135 feet 135 feet
Min. Dwelling Area 2,500 square feet 1,800 square feet 1,800 square feet
Front Yard Setback 30 feet 30 feet 35 feet
Side Yard Setback 8 feet 8 feet 10 feet
Rear Yard Setback 25 feet 25 feet 25 feet
Maximum Height 40 feet 40 feet 40 feet
Max. Lot Coverage 45% 45% 45%
The PD includes a concept plan (Exhibit D), showing 19 single family lots, a 25 foot landscape
buffer along Coit Road, a detention pond, and an open space lot for an amenity center. The PD
District shall conform to all sections of the Town’s Zoning Ordinance as it exists or may be
amended, unless specifically addressed in the proposed development standards. In addition to the
Town’s landscaping and screening standards, the applicant has included language requiring
additional tree plantings (minimum two trees per lot) adjacent to Highland Meadows and the
planting of evergreen shrubs adjacent to the detention pond, as shown on Exhibit D.
Future Land Use Plan – Future Land Use Plan (FLUP) recommends Low Density Residential uses
for the property. The requested Planned Development (PD) District allows for the development of
nineteen (19) single family lots or a maximum density of 1.97 dwelling units per gross acre. The
FLUP recommends a density not to exceed 2.0 dwelling units per acre in areas designated for Low
Density Residential. The zoning request conforms to the FLUP.
Conformance to the Thoroughfare Plan – The property is adjacent Coit Road, a future six lane
divided thoroughfare.
Water and Sanitary Sewer Services – Water and sanitary sewer service will have to be extended to
the property either before or with development.
Agenda Item No. _ - Page 3 of 4
Access – Access to the property is provided from Coit Road.
Schools – This property is located within the Prosper Independent School District. Any future
school sites are to be determined at the time of plat.
Parks – This property is subject to the Town’s park dedication requirements as they exist or may
be amended. Any future park sites are to be determined at the time of plat.
Environmental Considerations – No 100 year floodplain exists on the property.
Additional Comments:
The proposed PD does not include a fencing standard for the proposed single family lots on the
property. The single family lots in the surrounding area, such as in Highland Meadows, Gentle
Creek, and Whispering Meadows, use an ornamental metal fence to maintain an open feel
throughout the community. Town staff recommends the Town Council add language to the PD to
require all fencing on the property to consist of an ornamental metal fence to maintain the open
feel and to be consistent with the fencing standards in the surrounding subdivisions. This request
was also made by the Highland Meadows HOA at the July 19th meeting with the applicant.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request.
Notification was provided to neighboring property owners as required by state law. Town staff has
received four public hearing notice reply forms, all in opposition to the request.
Attached Documents:
1. Letter from the applicant appealing the Planning & Zoning Commission’s recommendation
for denial to the Town Council.
2. Zoning Exhibits A, B, C, D, and E.
3. Zoning map of the surrounding area.
4. Public hearing notice reply forms.
5. July 5, 2011 Planning & Zoning Commission meeting minutes.
Planning & Zoning Commission Recommendation:
At their July 5, 2011 meeting, the Planning & Zoning Commission recommended the Town Council
deny a request to rezone 9.6± acres, located on the west side of Coit Road, 200± feet south of
Frontier Parkway, from Single Family-15 (SF-15) to Planned Development-Single Family (PD-SF),
by a vote of 4-2.
The applicant has appealed the Planning & Zoning Commission’s recommendation to the Town
Council. The Town Charter requires a majority vote of the Town Council present to overrule a
recommendation that a proposed zoning change be denied.
Since receiving a recommendation of denial from the Planning & Zoning Commission, the applicant
has revised the Planned Development exhibits, specifically Exhibits B, C, and D, in an effort to
address comments from the Planning & Zoning Commission and Highland Meadows residents.
The changes to Exhibits B and C are shown in red, and the revised concept plan is Exhibit D.
Town Staff Recommendation:
Town staff recommends the Town Council approve the request to rezone 9.6± acres, located on
the west side of Coit Road, 200± feet south of Frontier Parkway, from Single Family-15 (SF-15) to
Planned Development-Single Family (PD-SF) subject to:
Agenda Item No. _ - Page 4 of 4
1. The addition of the following language to Exhibit C; “All fencing shall consist of ornamental metal
(wood fences are prohibited).”
201 ½ E. Virginia Street, Suite 2
McKinney, Texas 75069
TEL 972.569.9193
FAX 972.569.9197
www.civilgroup.net
July 7, 2011
Mr. Chris Copple, AICP
Town of Prosper
407 E. First Street
Prosper, Texas 75078
Re: Frontier Estates Planned Development
Dear Mr. Copple:
On Tuesday, July 5, 2011, the Planning and Zoning Commission for the Town of
Prosper denied the Planned Development application for Frontier Estates (Z11-
0009). As a result, we are requesting an appeal to the Town Council on July 26,
2011. We will provide staff with the address labels and postage fee worksheet for
the notifications on Friday, July 8th.
Please contact me if you have any questions regarding our request.
Sincerely,
Civil Consulting Group, PLLC
Trevor L. Castilla, P.E.
Project Manager
Town of Prosper
Exhibit B
Statement of Intent and Purpose
Frontier Estates
The purpose of this submittal is to request zoning for approximately 9 acres such that the
development compliments the adjacent Planned Developments. The proposed single
family subdivision includes minimum lot sizes of 12,500 square feet. The subdivision
includes an on-site recreational amenity center owned and maintained by the HOA.
The proposed density for the development is less than 2 lots per acre. The developer
intends to allow only custom home builders within the subdivision, insuring the highest
level of architectural control and home construction quality control.
Town of Prosper
Exhibit C
Planned Development Standards
Frontier Estates
I. General Description
The Proposed Planned Development District will provide for development of
single family detached dwelling units on a minimum lot size of twelve
thousand five hundred (12,500) square feet. Other uses, such as religious and
educational facilities, parks, and open spaces may be provided for to maintain
a balanced, orderly, convenient, and attractive residential area.
II. Permitted Uses
List of Permitted Uses: Uses followed by an “S” are permitted by Specific
Use Permit. Uses followed by a “C” are permitted subject to conditional
development standards. See Chapter 3, Section 1 of the Zoning Ordinance for
the conditional development standards.
Accessory Building
Antenna and/or Antenna Support Structure, Non-Commercial C
Athletic Stadium or Field, Private C
Athletic Stadium or Field, Public
Bed and Breakfast Inn S
Cemetery or Mausoleum S
Day Care Center, Adult S
Day Care Center, Child C
Day Care Center, In-Home C
Farm, Ranch, Stable, Garden, or Orchard
Garage Apartment
Golf Course and/or Country Club
Home Occupation C
Homebuilder Marketing Center C
House of Worship
Household Care Facility
Model Home
Municipal Uses Operated by the Town of Prosper
Park or Playground
Private Recreated Center
Private Street Development C
Private Utility, Other Than Listed
Rehabilitation Care Facility C
School District Bus Yard C
School, Private or Parochial S
School, Public
Sewage Treatment Plant/Pumping Station S
Single Family Dwelling, Detached
Stealth Antenna, Commercial C
Telephone Exchange S
Temporary Building C
Utility Distribution/Transmission Facility S
Water Treatment Plant S
III. Lot Dimensions and Regulations
A. Size of Yards:
Minimum Front Yard – Thirty (30) feet (staggered per Ch. 4, Sec.
9 of the Zoning Ordinance)
Minimum Side Yard – Eight (8) feet; fifteen (15) feet on corner
adjacent to side street
Minimum Rear Yard – Twenty five (25) feet
B. Size of Lots:
Minimum Lot Area – Twelve thousand five hundred (12,500)
square feet
Minimum Lot Width – Eighty (80) feet
Minimum Lot Depth – One hundred and ten (110) feet
C. Minimum Dwelling Area: Two thousand and three hundred (2,300)
square feet
D. Maximum Height: Two and half (2 ½) stories, no greater than forty (40)
feet
E. Lot Coverage: Forty five (45) percent
IV. Landscape and Screening
A. Landscaping shall be provided per the Zoning Ordinance as it exists or
may be amended.
B. Landscape buffers, common area open space, and amenity center as
depicted on Exhibit “D”, shall be common areas to be owned and
maintained for landscaping, screening, and pedestrian access purposes by
the HOA.
C. Common areas reserved for detention ponds shall be owned and
maintained by the HOA.
V. Amenity Center
A. The Developer for the Planned Development District shall provide for an
amenity center which may include, but not be limited to a clubhouse,
sport court, swimming pool, restrooms and dressing rooms, and
landscaping to be owned, operated, and maintained by the HOA.
VI. Architectural Control Committee
A. The Developer for the Planned Development District shall set forth to
create an Architectural Control Committee that shall review and approve
or disapprove all building proposed and constructed within the Planned
Development District. It is the duty of the Architectural Control
Committee to restrain building styles and construction to common
compatible colors and materials.
Town of Prosper
Exhibit E
Schedule
Frontier Estates
It is anticipated that construction of the project will begin within 2 to 3 years after
approval and signing of the zoning ordinance. During this time, plans and materials will
be prepared for development and marketing of the property. Once started, construction
of the public infrastructure will be completed within six months.
201 ½ E. Virginia Street, Suite 2
McKinney, Texas 75069
TEL 972.569.9193
FAX 972.569.9197
www.civilgroup.net
July 21, 2011
Town Council
Town of Prosper
407 E. First Street
Prosper, Texas 75078
Re: Frontier Estates Planned Development
Zoning Case Z11-0009
Dear Town Council:
We respectfully request the item and public hearing for the above mentioned
project be tabled to the August 23rd Town Council meeting. We are requesting
additional time to review comments received from the Highland Meadows HOA and
Town P&Z meeting.
Please contact me if you have any questions regarding our request.
Sincerely,
Civil Consulting Group, PLLC
Trevor L. Castilla, P.E.
Project Manager
Z11-0009 A
SF-15
SF-E
SF
PD-1
E FRONTIER PKWY
N COIT RDCR 83FAIR OAKS LNBLUE FOREST DRFALCON RDTWIN LAKES DRCROSSWIND LNFOSTERMILL DRELMHURST CTSILVERLEAF CTPOST O
A
K
C
T
FAIR OAKS LN
FAIR OAKS LN
0 150 300 45075
Feet
1 inch = 300 feet
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – August 23, 2011
Date: August 18, 2011
Agenda Item:
A public hearing to consider and discuss the Fiscal Year 2011-2012 Budget as proposed.
Description of Agenda Item:
According to Local Government Code Chapter 102, the Town must hold a public hearing on the
proposed budget. As legally required, notice of this public hearing was published in the August
10 edition of the Prosper Press.
Budget Impact:
N/A
Legal Obligations and Review:
N/A
Attached Documents:
N/A – The FY 2011-2012 Proposed Budget was included in the August 09, 2011 council packet.
It is also available online at the Town’s website www.prospertx.gov.
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council open the public hearing to receive feedback from
the community and provide Town staff with direction on any changes to the proposed budget.
Prosper is a place where everyone matters.
Administration
Page 1 of 1
To: Mayor and Town Council
From: Amy Piukana, TRMC, Town Secretary
CC: Mike Land, Town Manager
Re: Town Council Meeting – August 23, 2011
Date: August 18, 2011
Agenda Item:
Discussion regarding SB 100 regarding Municipal Elections and options for contracting with
Collin County and Denton County.
Description of Agenda Item:
SB 100 impacts municipalities May elections of even numbered years. The MOVE (Military
Overseas Voter Enhancement) Act would push the oversea voting ballots into May of even
numbered years in the event a primary election had to hold a runoff. There are several options
for municipalities. Option 1 – change term limits to 2 year or 4 year terms. (May of Odd Years).
Option 2 – Adopt a Resolution by December 31, 2012 to move the May uniform Election date to
November. Option 3 – Continue to hold elections every May but be willing to pay more to
counties for cost of purchasing equipment. (Collin County quoted $19,000 for Collin County
only) We would be required to contract separately with Denton County. Option 4 – Denton
County has offered to contract with PISD and Town of Prosper to split cost and will handle full
election Collin County and Denton County portion for a quoted amount of $3,000’s to continue
our elections in May of even numbered years.
Town Staff Recommendation:
Town staff recommendation is Option 4 to enter into contract with Denton County Elections
Administration for the May 2012 General Elections.
Prosper is a place where everyone matters.
Administration
Page 1 of 2
To: Mayor and Town Council
From: Wayne K. Snell Jr., CBO, Building Official
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – August 23, 2011
Date: August 17, 2011
Agenda Item:
Consider and act upon ordinance no. 11-58, amending the Town’s residential building permit
fee.
Description of Agenda Item:
The Building Inspections Fee Schedule has not been updated in over eight years. It appears to
have been last amended some time in 2003. Permit fees are typically set to provide adequate
funding to recover the costs of operating the various department functions, including but not
limited to administration, plans examination and inspection. By adopting a current and up to
date fee, a municipality’s financial position is not constrained and allows for the valued
component of appropriate delivery of municipal services. Financial stability is possible allowing
for uninterrupted growth and improvability of services as the Town progressively expands.
Town staff has researched current Town of Prosper and various cities building permit fee
schedules in order to develop a more appropriate and up to date Building Inspections
Residential Permit Fee for the Town’s Development Services Department. Below is a graph
representation of Residential Permit Fees for neighboring municipalities.
Building Inspections
Page 2 of 2
The graph also illustrates the most outdated to the most updated permit fee charges amongst
municipalities surveyed from left to right.
Adopting the current International Code Council (ICC) recommended Permit Fee Table and
average Square Foot Construction cost is in conformance with standard industry practices and
recommendations. The fees are determined by using the 2006 International Residential Code
Appendix L Permit Fees and an Average square foot construction cost of $101.90 for type VB
construction as determined in the Square Foot Construction Cost table provided in each
February by the ICC.
Budget Impact:
The anticipated revenue for the 2011-2012 fiscal year is based on an average size home in
Prosper (4,589 square feet total under roof) and an estimated number of 300 new home permits
is $1,080,090.00.
Legal Obligations and Review:
• Ordinance Amendment was prepared by the Town Attorney.
Attached Documents:
• Attached Ordinance no. 11-58
Town Staff Recommendation:
Town staff recommends the Town Council adopt ordinance no. 11-58, amending the Town’s
residential building permit fee.
Fee Schedule Ordinance (Amendment to Section I (Building Permits/Inspection Fees))
Page 1
597081-1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-58
AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS;
AMENDING ORDINANCE NO. 02-33, COMPREHENSIVE FEE
SCHEDULE, SECTION I (BUILDING PERMITS/INSPECTION FEES),
EXHIBIT “A” (FEE SCHEDULE) TO AMEND THE RESIDENTIAL
PERMITS FEE; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined the need to amend Ordinance No. 02-33, Comprehensive Fee
Schedule, Section I (Building Permits/Inspection Fees), Exhibit “A” (Fee Schedule), to amend
the residential permits fee in the Town of Prosper, Texas (“Prosper”); and
WHEREAS, Town staff have investigated and determined that the permit fees provided
for in Appendix L of the 2006 International Residential Code, which are based upon certain
valuations, are advantageous and beneficial to the citizens of Prosper; and
WHEREAS, the Town Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to amend the residential permits fee in
accordance with Appendix L of the 2006 International Residential Code, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance Nos. 02-33, Comprehensive Fee Schedule,
Section I (Building Permits/Inspection Fees), Exhibit “A” (Fee Schedule) to amend residential
permits fee. Ordinance No. 02-33, Comprehensive Fee Schedule, Section I (Building
Permits/Inspection Fees), Exhibit “A” (Fee Schedule) is hereby amended as follows:
“…
Residential Permits:
Total Valuation Fee
$1 to $500 $24
$501 to $2,000 $24 for the first $500; plus $3 for each
additional $100 or fraction thereof, to and
including $2,000
Fee Schedule Ordinance (Amendment to Section I (Building Permits/Inspection Fees))
Page 2
597081-1
$2,001 to $40,000 $69 for the first $2,000; plus $11 for each
additional $1,000 or fraction thereof, to and
including $40,000
$40,001 to $100,000 $487 for the first $40,000; plus $9 for each
additional $1,000 or fraction thereof, to and
including $100,000
$100,001 to $500,000 $1,027 for the first $100,000; plus $7 for each
additional $1,000 or fraction thereof, to and
including $500,000
$500,001 to $1,000,000 $3,827 for the first $500,000; plus $5 for each
additional $1,000 or fraction thereof, to and
including $1,000,000
$1,000,001 to $5,000,000 $6,327 for the first $1,000,000; plus $3 for
each additional $1,000 or fraction thereof, to
and including $5,000,000
$5,000,001 and over $18,327 for the first $5,000,000; plus $1 for
each additional $1,000 or fraction thereof
The valuation shall be based upon a minimum $101.90 dollar per square foot construction
cost, or the builder’s valuation, whichever is greater. The valuation is determined using the
building gross area times the square foot construction cost.
…”
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance or Ordinance Nos. 02-33 shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00).
Each occurrence in violation of this Ordinance shall constitute a separate and distinct offense.
The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to
enjoin the violation nor shall it preclude Prosper from taking such other lawful action as is
necessary to prevent or remedy any violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 4: Savings/Repealing Clause. Ordinance Nos. 02-33 shall remain in full force
and effect 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
repeal prevent a prosecution from being commenced for any violation if occurring prior to the
repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and
effect.
SECTION 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
Fee Schedule Ordinance (Amendment to Section I (Building Permits/Inspection Fees))
Page 3
597081-1
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: Effective Date. This Ordinance shall become effective October 1, 2011
upon its passage and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS ON THIS 23rd DAY OF AUGUST, 2011.
________________________________
RAY SMITH, Mayor
ATTESTED TO:
___________________________________
AMY PIUKANA, TRMC
Town Secretary
DATE OF PUBLICATION:______________________________, Prosper Press
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – August 23, 2011
Date: August 18, 2011
Agenda Item:
Consider and discuss water and sewer rate increases, expected FY 2011-2012 shortfalls and
future revenue requirements.
Description of Agenda Item:
The enterprise fund for Water and Wastewater Utilities is intended to be self-sufficient by
charging its consumers the costs of its services. Last year, the proposed increase for water was
small enough to be postponed with no great impact, but wastewater rates were increased.
Chris Ekrut, with J. Stowe & Company, conducted a refresh of our prior rate study and will
briefly present his analysis and resulting recommendations. Both the water and wastewater
rates are recommended to be increased. The rates for water from NTMWD increased 8.5%.
Wastewater rates were expected to increase significantly this coming year, but delays in the
Doe Branch project have helped hold wastewater increases to a minimum. It should be noted,
however, that the Town expects the Doe Branch wastewater facility to begin construction in the
near term.
For an average consumer who uses 13,000 gallons of water per month and with a 7000 Gallon
winter average for wastewater calculations, the total bill would increase $6.12.
Budget Impact:
The proposed rates should fully cover the budgeted revenue requirements assuming no new
debt is required until FY 2012-2013.
Legal Obligations and Review:
N/A
Attached Documents:
Impact to Average Customers
Board/Committee Recommendation:
The Finance Committee provided direction to staff supporting the recommended increases.
Town Staff Recommendation:
Town staff recommends that the Town Council receive the presentation from J. Stowe, discuss
the revenue requirements of the system and give staff direction for setting Water and
Wastewater fees and rate structures for consideration in an ordinance on September 13.
Prosper is a place where everyone matters.
ADMINISTRATION
FY 2012 Water Rates
Current
Rates FY 2011 FY 2012 FY 2012
Residential
Minimum Charge (1") 17.71$ 18.52$ 19.06$ 18.54$
Volumetric Charge
(per 1,000 gal.)3.57 3.80 3.88 3.74
Commercial
Minimum Charge (1") 13.58$ 13.58$ 13.58$ 14.22$
Volumetric Charge
(per 1,000 gal.)3.85 4.08 4.18 4.03
Projected in Rate Study
FY 2012 Average Customer
Monthly Water Bill
Current
Rates FY 2011 FY 2012 FY 2012
Residential
Average Bill @ 13,000 gal. 64.12$ 67.92$ 69.50$ 67.16$
Increase over Current 3.80 5.38 3.04
Commercial
Average Bill @ 13,000 gal. 63.63$ 66.62$ 67.92$ 66.61$
Increase over Current 2.99 4.29 2.98
Projected in Rate Study
FY 2012 Wastewater Rates
Current
Rates FY 2011 FY 2012 FY 2012
Residential
Minimum Charge 21.16$ 25.79$ 32.37$ 22.63$
Volumetric Charge
(per 1,000 gal.)3.29 4.02 5.05 3.52
Commercial
Minimum Charge 24.25$ 29.56$ 37.10$ 25.94$
Volumetric Charge
(per 1,000 gal.)3.97 4.84 6.08 4.25
Projected in Rate Study
FY 2012 Average Customer
Monthly Sewer Bill
Current
Rates FY 2011 FY 2012 FY 2012
Residential
Average Bill @ 7,000 gal. 44.19$ 53.93$ 67.72$ 47.27$
Increase over Current 9.74 23.53 3.08
Commercial
Average Bill @ 7,000 gal. 52.04$ 63.44$ 79.66$ 55.69$
Increase over Current 11.40 27.62 3.65
Projected in Rate Study
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – August 23, 2011
Date: August 18, 2011
Agenda Item:
Consider and discuss including approximately $450,000 of General Obligation debt along with
the anticipated debt refunding issue.
Description of Agenda Item:
Our Financial Advisor, Jason Hughes with First Southwest, has been working with staff on the
preliminary official statement for the expected debt refunding issue in September. As part of
capital budget and possible land acquisition discussions, it was determined that it would be
prudent and cost-effective to include approximately $450,000 of voter approved GO debt with
the scheduled refunding. Approximately $320k is anticipated for Parks Equipment as
authorized in Proposition 4 and $130k is being designated to cover a portion of land currently
being discussed for Public Works facility as authorized in Proposition 2.
Budget Impact:
The Parks equipment component is currently proposed to be leased in the General Fund Parks
Department. If included, this change would allow the Town to fully pay for the purchase of 3
vehicles instead of leasing them along with other parks equipment needs.
Legal Obligations and Review:
Dan Culver is the Town’s Bond Counsel and has verbally agreed the projects as discussed are
within the intent of the voter-approved propositions listed.
Attached Documents:
N/A
Board/Committee Recommendation:
Staff received positive feedback from multiple Bond Committee members regarding the savings
opportunity to fund required Parks equipment. The Finance Committee discussed several
funding approaches at the August 16 Committee Meeting and were in favor of including some
GO debt with the refunding on a 7 yr repayment schedule.
Town Staff Recommendation:
Town staff recommends that the Town Council consider the proposed funding strategy and give
staff direction on how to craft the Refunding Bond Official Statement scheduled for pricing on
September 13 with Council consideration to be authorized on that same evening .
Prosper is a place where everyone matters.
Administration
Agenda Item
Page 1 of 2
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – August 23, 2011
Date: August 18, 2011
Agenda Item:
Consider and act upon a resolution declaring the intent of the Town to reimburse expenditures
pertaining to site acquisition for, and design costs of, a public works facility and expenditures for
drainage improvements from proceeds of future debt obligations to be issued by the Town.
Description of Agenda Item:
The attached reimbursement resolution allows the Town to finalize the purchase of Public
Works facility land and possible design work and also to expend funds from available resources
to pay for the cost of various storm drainage improvements identified as priority projects in the
Freese and Nichols Drainage Utility System Fee development Report. The Resolution allows,
at some later time, to have the funds repaid through a future debt issuance. The amount in the
resolution is $1,300,000 and is slightly higher than anticipated actual costs. This allows for
potential unforeseen costs to be captured in the reimbursement. This resolution is not
authorization to issue debt and it does not mean the entire amount will be included in the
issuance; only the amount Council determines should be refunded to the Town. It is anticipated
that the Town will issue a Certificate of Obligation in the next four months to reimburse these
expenditures and to cover any other projects Council determines should be funded.
According to the Town’s Bond counsel, once the Town starts spending, the Town should adopt
a resolution within 60 days of making expenditures. A resolution will permit the Town to go back
60 days and pick up expenditures (if any) made within the period that is 60 days before the
resolution is adopted. The general rule is that the Town must issue the bonds or other
obligations to reimburse its funds within the later of 1) a date 18 months after expenditures are
made or 2) 18 months after the project is placed in service. However, the Town must in all
circumstances reimburse within 3 years of making expenditures.
Certificates of Obligation are not eligible to be included along with refunding debt issues, unlike
the voter-approved General Obligation amounts currently being considered.
Budget Impact:
The Resolution itself does not have a budget impact, but any purchases or expenses approved
by Council prior to the debt issuance would draw down available cash balances. The debt
issuance anticipated prior to January 2012 would create scheduled bond payments in the Water
and Wastewater Utility as well as the Drainage Utility Fund.
Prosper is a place where everyone matters.
Administration
Agenda Item
Page 2 of 2
Legal Obligations and Review:
Dan Culver is the Town’s Bond Counsel and has prepared the attached resolution.
Attached Documents:
Reimbursement Resolution
Board/Committee Recommendation:
The Finance Committee discussed this funding approach at the August 16 Committee Meeting
and were in favor of considering Certificates of Obligation for moving forward on a number of
Drainage projects and possibly for Public Works Facility costs payable by Enterprise Funds.
Town Staff Recommendation:
Town staff recommends that the Town Council,
“Move to approve the resolution declaring the intent of the Town to reimburse
expenditures pertaining to site acquisition for, and design costs of, a public works facility
and expenditures for drainage improvements from proceeds of future debt obligations to
be issued by the Town.”
RESOLUTION EXPRESSING
OFFICIAL INTENT TO REIMBURSE COSTS OF
THE PUBLIC WORKS FACILITY AND DRAINAGE IMPROVEMENTS PROJECTS
WHEREAS, the Town of Prosper, Texas (the "Issuer") is a duly created governmental
body of the State of Texas;
WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in
connection with the design, planning, acquisition and construction of the project described on
Exhibit "A" hereto (the "Project") prior to the issuance of tax-exempt obligations, tax-credit
obligations and/or obligations for which a prior expression of intent to finance or refinance is
required by Federal or state law (collectively and individually, the "Obligations") to finance the
Project;
WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the
payment of such expenditures will be appropriate and consistent with the lawful objectives of the
Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at such
time as it issues Obligations to finance the Project;
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE ISSUER
THAT:
Section 1. The Issuer reasonably expects to incur debt, as one or more series of
Obligations, with an aggregate maximum principal amount equal to $1,300,000 for the purpose
of paying the costs of the Project.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures.
No Obligations will be issued by the Issuer in furtherance of this Statement after a date which is
later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on
which the property, with respect to which such expenditures were made, is placed in service.
Section 3. The foregoing notwithstanding, no Obligation will be issued pursuant to
this Statement more than three years after the date any expenditure which is to be reimbursed is
paid.
Section 4. The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed
with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit
obligations shall be issued after 18 months of the date the original expenditure is made.
SIGNED this, the 23rd day of August, 2011.
______________________________ ______________________________
Town Secretary Mayor
Exhibit "A"
Project Description
The Project consists of (i) the acquisition of land and payment of design costs for a public works
facility for the Town, which facility will be used by Town public works departments, including
the water and sewer utility department and street department and (ii) construction of various
drainage improvements in the Town.