01.10.2012 Town Council PacketPage 1 of 2
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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
4. 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.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
4a. Consider and act upon minutes from the following Council meeting(s) (AP)
• December 13, 2011 – Regular Town Council Meeting
4b. Consider and act upon the November 2011 monthly financial statements. (MG)
4c. Consider and act upon 1) an award of bid to Vessells Construction 2) enter into a contract
agreement with Vessells Construction regarding the construction services for the SH 289
Utility Relocations Project and 3) adopt Resolution No. 12-73 authorizing the Town Manager
to execute the same. (MB)
5. 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.)
Other Comments by the Public
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, January 10, 2012 at 6:00 p.m.
Page 2 of 2
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 3.0± acres, located 750± feet east of
Dallas Parkway and 650± feet south of First Street, from Agricultural (A) to Planned
Development-Commercial (PD-C). (Z11-0012). (CC)
7. A public hearing to consider and act upon a request to rezone 3.5± acres, located on the south side
of Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to Planned
Development-Retail (PD-R). (Z11-0013). (CC)
DEPARTMENT ITEMS
8. Discuss and provide direction concerning park land dedication and park improvement fee
requirements for a portion of the Brookhollow development. (HW)
9. Consider and act upon the expenditure of Park Improvement Funds for the purchase and installation
of a pavilion at Frontier Park. (WH)
10. EXECUTIVE SESSION
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:
10a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the First
Street/Coit Road Improvement projects.
10b. Section 551.087. To deliberate regarding Economic Development Incentive for properties located
south of Fishtrap/First St., west of Coit Rd., east of FM 1385 and north of Highway 380.
10c. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
12. Adjourn
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place
convenient and readily accessible to the general public at all times, and said notice was posted at least 72 hours before said meeting was convened.
_________________________________ ________________ ____________________
Amy Piukana, TRMC
Town Secretary Date Notice Posted Date Notice 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) 569-1013. BRAILLE IS NOT AVAILABLE.
Page 1 of 5
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Prosper is a place where everyone matters.
1. Call to Order and Roll Call was given by Mayor Smith at 6:02 p.m.
Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor
Pro Tem Meigs Miller; Dave Benefield, Danny Wilson, Curry Vogelsang Jr. and Jason Dixon.
Council Member(s) absent: None
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Frank
Jaromin, Public Works Director; Hulon Webb, Director of Development Services; Wade
Harden, Parks & Recreation Manager; Matthew Garrett, Finance Director and Michael Bulla
Project Manager.
2. Pastor Chris Schoolcraft gave the Invocation. The Pledge of allegiance and the pledge to the
Texas Flag were given.
3. Announcements of dates and times of upcoming community events – There were no
announcements.
4. 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.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
4a. Consider and act upon minutes from the following Council meeting(s) (AP)
• November 8, 2011 – Regular Town Council Meeting
• November 16, 2011 – Special Called Town Council Meeting
4b. Consider and act upon the October 2011 monthly financial statements. (MG)
4c. Consider and act upon the Quarterly Investment Portfolio for the period ending
September 30, 2011. (MG)
4d. Consider and act upon Resolution No. 11-66 approving an Interlocal Agreement with
Region 8 Education Service Center, which sponsors the Interlocal Purchasing System
(TIPS/TAPS), providing a purchasing program for goods and services. (MG)
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, December 13, 2011 at 6:00 p.m.
Page 2 of 5
4e. Consider and act upon Ordinance No. 11-73 granting a Specific Use Permit (SUP) for a
concrete batch plant, on 5.0± acres, located on the west side of Dallas Parkway, 900±
feet south of First Street. The property is zoned Planned Development-19-Commercial
Corridor. (PD-19-CC). (S11-0001). (CC)
4f. Consider and act upon Ordinance No. 11-74 amending Chapter 4, Section 6.2(A)(8)
(Outdoor Lighting) of the Town’s Zoning Ordinance. (Z11-0010). (CC)
4g. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and
Prosper Independent School District related to the future construction of improvements
on Coleman Street, Frontier Parkway and the future North-South Collector adjacent to
the High School Property and 2) Resolution No. 11-67 authorizing the Town Manager
to execute the same. (HW)
4h. Consider and act upon Ordinance No. 11-57 adopting the Drought Contingency Plan.
(FJ)
4i. Consider and act upon 1) a professional services agreement between the Town of
Prosper and Jacobs Engineering for the layout and grading plan for the Frontier Park
Improvements and 2) Resolution No. 11-72 authorizing the Town Manager to execute
the same. (WH)
Council Member Wilson moved to approve Consent Items 5a through 5i, as presented. Motion
seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0.
5. 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.)
Other Comments by the Public – There were no citizen comments.
14. Council skipped to Agenda Item 14. Deputy Mayor Pro Tem Miller made a motion to
recess into Closed Session at 6:07 p.m. Motion seconded by Council Member Benefield.
Motion approved by vote of 7-0.
Recess in 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:
14a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvement projects.
14b. Section 551.071. Consultation with Town Attorney regarding agreement between the Town
of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial
Jurisdiction of the Town of Prosper including a Strategic Partnership Agreement between the
Town of Prosper and Denton County Fresh Water District No. 10.
Page 3 of 5
14c. Section 551.087. To deliberate regarding Economic Development Incentive for properties
located south of Fishtrap/First St., west of Coit Rd., east of FM 1385 and north of Highway 380.
14d. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Council Member Wilson made a motion to reconvene into Regular Session at 6:36 p.m.
Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 7-0.
Deputy Mayor Pro Tem Miller made a motion to approve the execution of an agreement for the
reduction of the Extraterritorial Jurisdiction and take any and all steps for the reduction of the
three tracts through the Strategic Partnership Agreement between the Town of Prosper and
Denton County Fresh Water District No. 10. Motion seconded by Mayor Pro Tem Dugger.
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 RELATED ITEMS
6. Discuss and provide direction concerning park land dedication and park improvement fee
requirements for a portion of the Brookhollow development. (HW) Development Director
Hulon Webb presented a power point presentation regarding the Parks Master Plan. Mr. Webb
introduced Jim Williams with Land Plan who gave a presentation regarding developments his
company has done in similar cities. Mr. Williams asked that Council provide direction
regarding Land Plans proposal to dedicate approximately 13 acres of park land around Town
Lake which would include a lake and to allow credits for the dedication. Mr. Williams noted
that in addition, Land Plan is dedicating 29.9 acres of private open space, which includes
overhead electric easement and floodplain.
After discussion, Council asked the Developer to move forward and bring back more details
including a breakdown of the development and exact credits that are being sought.
Mayor Smith left the meeting.
7. Consider and act upon Ordinance No. 11-75 adopting the Public Works Fee Schedule. (FJ)
Public Works Director Frank Jaromin briefed Council regarding the new fee schedule
proposals and noted that the only fee increases are the after hour reconnection fee and the
business hour connection fees. Mr. Jaromin explained that the new fees are to recover the
direct cost associated with new home construction in order to capture current short falls in
service provided and to eliminate multiple re-inspections. Mr. Jaromin also noted that staff
had met with Prosper Developers Council and Prosper Home Builders regarding the new fees.
Council Member Dixon and Deputy Mayor Pro Tem left the meeting.
Page 4 of 5
After discussion, Council Member Vogelsang made a motion to approve Ordinance No. 11-75
adopting the Public Works Fee Schedule. Motion seconded by Council Member Wilson.
Motion approved by vote of 4-0.
8. Consider and act upon 1) an award of bid to W. Brown Enterprises, Inc., 2) enter into a contract
agreement with W. Brown Enterprises, Inc., regarding the construction services for the Wilson
Creek Sewer Interceptor Project and 3) adopt Resolution No. 11-68 authorizing the Town
Manager to execute the same. (MB) Project Manager Michael Bulla briefed Council
regarding the proposed contract.
Council Member Dixon returned to the meeting.
Council Member Wilson made a motion to approve award of bid to W. Brown Enterprises,
Inc., enter into a contract agreement with W. Brown Enterprises, Inc., regarding the
construction services for the Wilson Creek Sewer Interceptor Project and adopt Resolution
No. 11-68 authorizing the Town Manager to execute the same. Motion seconded by Council
Member Benefield. Motion approved by vote of 5-0.
9. Consider and act upon Change Order #3 to RLK Engineering, Inc, for the First Street
Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US
380). (MB) Project Manager Michael Bulla briefed Council regarding the RLK Engineering,
Inc. Change Order #3.
Council Member Benefield made a motion to approve Change Order #3 to RLK Engineering,
Inc, for the First Street Improvements and Coit Road Improvements. Motion seconded by
Council Member Dixon. Motion approved by vote of 5-0.
10. Consider and act upon 1) an Engineering Design Services Agreement between the Town of
Prosper and Freese and Nichols, Inc., for the Custer Road Pump Station Improvements Project
and 2) Resolution No. 11-69 authorizing the Town Manager to execute the same. (HW)
Development Director Hulon Webb briefed Council regarding this item. Mr. Webb
explained that as part of the capital improvements plan, the Town’s ground storage
capacity was evaluated and requires an additional 5MG ground storage tank at Custer Road
Pump Station site and increasing the pumping capacity at the site from 7.35 MGD to 20
MGD. He noted that in order to meet the projected demands, the improvements need to be
complete and in service by the summer of 2013.
Council Member Wilson moved to approve an Engineering Design Services Agreement
between the Town of Prosper and Freese and Nichols, Inc., for the Custer Road Pump Station
Improvements Project and Resolution No. 11-69 authorizing the Town Manager to execute
the same. Motion seconded by Council Member Benefield. Motion approved by vote of 5-0.
11. Consider and act upon 1) an Engineering Design Services Agreement between the Town of
Prosper and Freese and Nichols, Inc., for the 2nd Upper Plane 30/24-Inch Treated Waterline
Pipeline Project and 2) Resolution No. 11-70 authorizing the Town Manager to execute the
same. (HW) Development Director Hulon Webb briefed Council regarding this item. Mr.
Webb explained that the Town recently updated the Town’s land use assumptions and
capital improvements plan. He noted that this project is listed in the capital improvements plan
and is needed in order to provide capacity improvements to the existing system in conjunction
with the Custer Road Pump Station Improvements Project.
Page 5 of 5
Council Member Vogelsang made a motion to approve an Engineering Design Services
Agreement between the Town of Prosper and Freese and Nichols, Inc., for the 2nd Upper Plane
30/24-Inch Treated Waterline Pipeline Project and Resolution No. 11-70 authorizing the Town
Manager to execute the same. Motion seconded by Council Member Benefield. Motion
approved by vote of 5-0.
12. Consider and act upon 1) a professional services agreement between the Town of Prosper and
Brown Reynolds Watford Inc., for the design of the parks maintenance building and 2)
Resolution No. 11-71 authorizing the Town Manager to execute the same. (HW) Development
Director Hulon Webb gave a brief Power Point presentation. Mr. Webb explained that the
2008 Bond Funds would be utilized for the professional design services.
Council Member Wilson made a motion to approve a professional services agreement
between the Town of Prosper and Brown Reynolds Watford Inc., for the design of the parks
maintenance building and Resolution No. 11-71 authorizing the Town Manager to execute
the same. Motion seconded by Council Member Dixon. Motion approved by vote of 5-0.
13. Consider and act upon the construction of exercise stations in Frontier Park. (WH) Parks and
Recreation Manager Wade Harden gave a brief power point presentation. Mr. Harden
explained that the construction of six exercise stations is proposed to benefit active older adults
in the community. He introduced resident Twila Weber who spoke in support of the exercise
equipment for seniors.
Council Member Dixon made a motion to approve the purchase and installation of older active
adult exercise equipment at Frontier Park not to exceed the amount of $34,000. Motion
seconded by Council Member Benefield. Motion approved by vote of 5-0.
15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
16. Adjourn-Council Member Vogelsang made a motion to adjourn. Motion seconded by
Council Member Benefield. Motion approved by vote of 5-0.
The meeting adjourned at 8:50 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
P
Wt4 DF
SPER
“A PLACE WHERE EVERYONE MATTERS”
FINANC IAL S
FY 2011 —2012
November,2011
—END-OF-MONTHCASHOVERVIEW(RECONCILED)NOVEMBER,20111C)A’—lCIF>sI?EJ“aplacewhereeveryonemattersCASHOVERVIEWInternalGeneralWaterlSewerServiceCapProjCapProjCapProj2010Tax2011BondStorm*Parks*clmpactva*SpRevSp.RevFundFundl&SFund04Bond06Bond08BondNote08BondDrainage(Ded+lmoFeesFundEscrowEDCTOTALSCASH-LOCALBANK2,684,5313,233,569634,12785,237256,917-1,275,00955,927320,258204253441,8102,425,63972,7951,460,6631,864,20515,014,939CERT.OFDEPOSIT2,000,0004,500,756300,0006,800,756TEXPOOLBALANCE84,0604,70337,560-165,737-----2206676--1,3232,500,059TEXSTARBALANCE309182----900,5342,622,426--1,237,2782,479,464-971,3741,1888,521,446TOTAL5,077,7737,739,028971,68785,237422,653900,5343,897,43555,927320,258204,2531,679,0887,111779727952.432.0371.866.71632.837.199*ParksFundcombinesParksDedicationandParksImprovement*0ImpactFeesconsistofWaterImpact,SewerImpactandThoroughfareImpactfees.SpecialRevenueFundfigureconsistofCourtTechnologyFd,CourtSecurityFd,Policedonations,Firedonations,SafetyFairdonations,ChildSafetycollections,andShatteredDreamsdonations.Theseareallretrictedfundsforspecificpurposes.TotalRestrictedFunds18,153,682
Pb°R‘aplacewhereeveryonematters’END-OF-MONTHCASHOVERVIEW(RECONCILED)NOVEMBER,201115,014,939$9,000$8,000$7,000$6,000$5,0000$4,000$3,000$2,000$1,000$06,800,75621%11$8,521,44626%$2,500,0597%iL________!6853.234124261275______L__J___JGeneralWater/SewerFondI&SInternalServiceCapProjCapProjCapProj2OlOTaoNote2011BondStorm*parksImpactoo*SpRevSp.RevFundFund04Bond06Bond08Bond08BondDrainage(Ded+Imp)FeesFondEscrowITEXSTARBALANCETEXPOOLBALANCECERT.OFDEPOSITCASH-LOCALBANI(1L.1,S641EDC
40%
20%
YTD Totals $5,556,413.18 102.90%$6,012,452.74 99.77%$615,145.94 9.58%Collected YTD
includes delinquent
collections
$5,146,372.81 $5,399,872.83 $6,418,046.61 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
C $1,750
$1,500
$1,250
jE $t000
$750
$500
$250
$-
120%
-100%
80%
0
C-)
C
C-)
I
0
Oct Nov Dec Jan Feb Mar
-
June July Aug
PROPERTY TAX COLLECTIONS
THREE (3)YEAR COMPARISON
PERCENT OF TOTAL DUE (Before Adjustments)COLLECTED
Sept
60%
0%—._.,•__.
..i
Dec Jan Feb Mar Apr May June July Aug Sept
%of Total
Taxes Due
5.38%
4.20%
%of Total %of Total
Taxes Due Taxes Due —
Oct $19,127.14 0.35%$67,083.22 1.11%$345,581.69
Nov $134,228.60 2.49%$245,708.45 4.08%$269,564.25
Dec $2,569,783.42 47.59%$2,307,007.29 38.28%
Jan $1,428,265.19 26.45%$2,289,662.66 38.00%
Feb $809,613.41 14.99%$698,822.18 11.60%
Mar $253,646.04 4.70%$199,858.51 3.32%
Apr $79,658.28 1.48%$36,824.36 0.61%
May $123,102.41 2.28%$67,437.54 1.12%
June $51,866.19 0.96%$39,365.06 0.65%
July $59,782.87 1.11%$26,492.13 0.44%
Aug $17,246.48 0.32%$14,870.63 0.25%
Sept $10,093.15 0.19%$19,320.71 0.32%
YTD Totals $1,303,744.06 $1,267,161.56 $275,813.07 $109,969.90
$1,130,000.00 Budgeted Sales Tax
66.31%
***Received large quarterly sales tax pmt from local business
Nov.Budgeted:
Nov.Received:
$94,166.67
$124,330.65
$30,163.98
for month of Nov 2011
Increase over budgeted
32.03%%Nov.2011 variance
YTD Mo’ly Budgeted:
YTD Mo’Iy Received:
$188,333.34
$275,813.07
$87,479.73 Increase
YTDNov-2011
THREE YEAR (3)COMPARISON
TOWN OF PROSPER SHARE OF SALES TAX
PROSPER,TEXAS
$250,000
$200,000
$150,000
$100,000
$50,000
Month
:•FY 09-10 U FY 10-11 U FY 1142
a),’Anl 1Fd:I $Amount
iaQL2c
%of Change
ia!2i(Pci
Oct $100,898.03 $102,733.59 $151,482.42 $48,748.83 47.45%
Nov $87,322.54 $63,109.58 $124,330.65 $61,221.07 97.01%
Dec $91,239.15 $73,055.18
Jan $112,125.21 $77,725.99
Feb $67,208.54 $76,266.92
Mar $63,837.14 $91,119.20
***Apr $185,754.33 $134,429.49
May $78,933.26 $111,390.14
June $74,820.33 $122,119.89
***JuIy $219,591.71 $153,415.34
Aug $116,390.79 $129,026.27
Sept $105,623.03 $132,769.97
46.45%YTD variance
gluser_r&a2rhutlerTownofProsperPage17:0712/21/11Rev/RapFundCategoryRept(3)Fund:PeriodEnding:11/2011Account“CurrentCurrentCOrrentCurrentCurrentCd±ieotCurrentCurrento0snher‘LearMonthMonthMonthrED‘LTD‘LTDRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetGENERALFUNDREVENUESPropertyTax3,940,354.00-163.806.36-163,806.36-3,940,354.00-373.252.55-3,567,101,453,567,101.45-SalesTax1.133.500.00-124,330.65-124,330.65-1,133,500.00275,813.07-857,686.93057,686.93-Franchise365.550.00-23,004.70-23,004.70-365,550.00-27,250.57-339,299.03338,299.03-License.FeeS,aPermits1.241,100.00—194,481.90-19.4.481.90-1,241,100.00-264,535.84-976,564.16976,564.16-ChargesforServices202,905.00-1.924.00-1.924.00-202,905.00-23,268.54-179,636.46179,636.46-Grants131,209.00-131,289.00-131,209.00131,289.00-InvestmentsIncome75,500.00-3.206.58-3,206.58-75,500.00-6,612.54-68,887.4668,887.46Fines&Warrants220,000.00-18.035.54-18.035.54-220.000.00-46,389.72.173,610.28l73.610.28TransferIn586,710.09-586.710.00-586,710.00596.710.00-lliscellaneous56,250.00-64,208.74-64.208.74-56,250.00-88.184.51-31,934.51-31,934.51TotalRevenues7,953,150.00-592,998.47-592,998.47-7,953,158.00-1.105.307.74-6,847,850.266,847,850.26-AppropriationsPersonnel5,418,212.00383,600.21383,600.215.418.212.00804,793.754.613,418.25-4,613.418.25MaterialsandSupplies331,795.0026,095.5126,095.51331,795.0041,070.63290,724.37-290,724.37TownSer’.’ices/MainteOance417,891.0030,456.6630,456.66411,8’91.00637I6.74359,174.26-355,174.26Contractual/professionalSer1,590,655.00134,251.24134,251.241.590,655.00286,211.211.904.443.79-1.304.443.79Capital161,700.00161,700.0027.183,91134,516.09-134,516.09IntertondTVansterOut32,905.0032,905.0032-90500-32,905.00TotalAppropriations7,953.158.00574,403.62574,403.627,953,158.001,221,976.246,731,161.76-6,731,181.76RevenueOver/)Under)Approp18,594.85-18,594.85-116,668.50116,668.50116,668.50
gluser_r&a2rhutlerTownofProsperPage217:0712/21/11Rev/RapFundCategoryRept(3)Fund,PeriodEnding:11/2011AccountDescriptionCurrentCurrentCurrentCurrentCurrentCurrentCurrentCurrentO6uaberYearMonthMonthMonthYTDYTDY’rDP.emaiuingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetWATER&SEWERFUNDRevenuesLicenses,Fees,CpernitS900.00-932.66—932.66-900.00-2,442.19-1.542.19-1,542.19InvestmentIncome40,000.00-3,054.323,054.32’40,000.00-5,686.4934,313.5134,313.51-Miscellaneous25;000.00’5,122.305,122.3025,000.00—8,87976-16,120.2416,120.24-W/STap&Connection230.000.00-34,801.78-34,801.78.230.000.00-86,476.78-143,52322143,523.22-ServiceInitationFees25,000.00-3,380.00-3,380.00-25,000.00-5,925.00-19,075.0019,075.00-WaterCharges3,078,400.00-370,208.59-370,208.59-3,678,400.00-804,979.37-2.873,420.632.873,420.63SewerCharges1,800,300.00-159,896.47-159,896.47-1,800,300.00-314,249.73-1,486,050.271,486,050.27-Penalties57,000.00-7,014.38-7,014.38-57,000.00-15,851.42-41,148.5841,148.58-SolidWasteCharges687,000.00-56,577.76-56,577.76-687,000.00-112,939.47574l60.53574,160.53—TotalRevenues6,543,600.00-640.988.26-640.988.26-6,543,600.00-1,357,330.21-5.186.269.795,186,269.79-Appropriationspersonnel703,685.0045,605.6645,605.66705,685.0094,908.05608.776.95-608,776.95MaterialsandSupp1es1,359,200.00123,862.77123,862.771,359,200.00227,476.751.131,723.25-1,131,723.25TownServices/Maintenance470,923.0046,939.1146,939.11470,923.0072,651.63398,271.37-398,271.37Contractual/ProfessionalServi1,966,300.00149,364.46149,364.461,966,300.00354,931.911.611.368.09-1,611,368.09Capital28,000.0015,766.0015,766.0028,000.0015,766.0012.234.00-12,234.00Bonds1.353,465.001.353.465.001,353,465.00-1,353,465.00InterfundTransfersOut574,710.00574,710.00574.710.00-574,710.00TotalAppropriations6,456,283.00381,538.00381,538.006,456,283.00765,734.345,690.548.66-5,690,548.66RevenueOver/(Under)ApprOp87,317.00-259,450.26-259.450.26-87,317.00-591.595.87-504,278.87-504,278.87
gluser_r&a2rbutlerTownofProsperPage317:0712/21/11Rev/ExpFundCategoryKept(3)Fund:PeriodEnding:11/2011Account‘—CurrentCuxrentCurrentCurrentCurrentCurrentCurrentCurrentNumberYearMonthMonthMonthYTUYTDYTDRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetINTEREST&SINKINGFUNDRevenuesPropertyTa2.514,667.00-105.757.89-105,757.89-2,514,667.00-239,893.39-2,274.773.612,274,773.61-InvestmentIncome16,000.00-540.69-540.69-16.000.00-11,949.45-4,050.554,050.55-TotalRevenues2,530667.00-106,298.58-106,298.58-2,530,667.00-251,842.94-2,278,824.162,278,824.16-AppropriationsBonds2,336,808.00300.00300.002,336.808.0016,316.112,320.491.89-2,320,491.89InteifundTransfersOutTotalAppropriations2,336,808,00300,00300.002,336,808.0016,316.112,320,491.89-2,320,491.89RevenueOver/(Under)Approp193,859.00-105,998.58-105,998.58-193.859.00-235.526.73-41.667.73-41,667.73INTERNALSERVICE802NDRevenueInterestIncome500.00-80.38-80.38-500.00-138.50-361.50361.50—InterfundTransfersIn81.800.00-3,060.00-3.060.00-81,800.00-6,120.00-75,680.0075.680.00TotalRevenues82.300.00-3,140.38-3.140.38-82,300.00-6,258.50-76,041.5076,041.50-AppropriationsPersonnel50,000.00163.92163.9250,000.005,390.6344.609.37-44,609.37TotalAppropriations50.000,00163.92163.9250,000.005,390.6344.609.37-44,609.37RevenueOverj(Under)Approp32,300.00-2,976.46-2,976.4632.300.00-867.87-31.432,1331,432.13
gluser_r&a2rbutlerTownofProsperPage417,0712/21/11Rev/ExpFundCategorykept(3)FundPeriodEnding:11/2011ACCOUntCurrentCurrentCu±rentCurrentCurrentCurrentCurrentCurrentNumberYearMonthMonthMonthTrDFf0Ff0RemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetSTORMDRAINAGEFUNDRevenuesStormDrainageUtilityPee235,000.00-16.355.82-16.355.82-235,000.00-33.039.21-201,960.79201,960.79-TotalInvestmentIncome1,000.00-94.29-94.29-1,000.00-291.99-708.01708.01-TotalMiscellaneousTotalRevenues236,000.00-16.450.11-16.450.11-236,000.00-33,331.20-202.660,80202,668.80-AppropriationsTotalPersonnel43,740.0043,740.0043,740.00-43,740.00Materials&Supplies10,550.0010,550.004,104.006.446.00-6,446.00TownServices/Maintenance4.900,004,900.004.900.00-4,900.00TotalProfessionalServices600.0.0600.00600.00-600.00TotalContractServices36.000,0012,593.2012,593.2036,000.0012,593.2023,406.80-23,406.80TotalCapital34,000.0034,000.0034.000.00-34,000.00TotalInterf,mdTransferOut14,400.0014,400.0014,400.00-14,400.00TotalAppropriations144,190.0012,593.2012.593,20144,190.0016,697.20127,492.80-127.492,80TotalRevenueOver!(under>App91.810.00-3.856.91-3.856.91-91.610.00-16.634.00-75,176.0075,176.00-PARKSFUNDRevenueInvestmentIncome3.800.00-405.71-405.71-3.800.00-795.86-3,004.143,004.14-ParkFees125,000.00-124,338.83-124.338.83-125,000.00-129,564.83-4,564.83-4,564.83TotalRevenues128,800.00-124,744.54-124,766.54-128,800.00-130.360.69-1,560.69-1,560.69Appropriations(Parks)Contractual/Profeiona1Ser1,620,000.001,232.921,232.921.620.000.001,232.921.618.767.08-1,618.767.08TotalAppropriations1.620.000.001,232.921,232.921,620.000.001.232,921.618,767.08-1,618,767.08
gluaer_raa2rhutlerTownofProsperPage517:0712/21/11Rev/ExpFundCategoryKept(3)Fund:PeriodEnding:11/2011AciountDescriptionCutrentCurrentCurrentCurrentCurrentCut±êntCurrentCurrentNumberYearMonthMonthMonthnflflflnRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetRevenueflver/(Under)Approp1,491,20000123.511.62-123,511.62-1,491,200.00129.127.77-1.620,327.77-1,620,327.77
gluserr&a2rbutlerTownofProsperPage617,0712/21/11Rev/ExpFundCategoryRept(3)Fund,PeriodEnding,11/2011AccountDescriptionCurrentCrentCurientCut*entCurrentCu±ientCizremtCurrentNumberYearMonthMonth)4onthYTD‘1’DYTDRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetIMPACTFEESFUNDRevenueInvestmentIncome10,000.00-2599.99-2,599.99-10,000.00-5.149.70-4,850.304.850.30-ImpactFees1,300,000.00-90,960.00-90.960.00-1,300,000.00-266,580.00-1,033,420.001,033,420.00-TotalRevenues1,310,000.00-93,559.99-93,559.99-1,310,000.00-271,729.70-1.038,270.301,038,270.30-AppropriationsContractual/ProfessionalServi925,000.0069,238.4269,238.42925,000.0069,238.42855,761.58-855,761.58Capital4,620,000.0054,943.00-54,943.00-4,638,300.0021,987.30-4.649,987.00-4,649,987.00InterfundTransfersOut99225.0099,225.0099,225.0099,225.0099,225.00-TotalAppropriations5.553.000.00113,520.42113,520.425,553.000.00146,476.425.406,523.58-5,406,523.58RevenueOver/(Onder’Approp4,243,000.0019,960.4319,950.434,243,000.00125,253.28-4,365,253.29-4,365,253.28SPECIALREVENUEDONATIONFUNDRevenueCourtFees6.900.00-716.12-716.12-6,900.00-1,752.53-5,147.475,147.47-Contributione43,500.00-7.003.87-7.003.87-43,500.00-9,425.82-34,074.1834,074.18-EscrowIncome637,494.26-637,494.26-638,560.03-638,560.03-638,560.03Grants2.000.00-2.000.00-2,000.002,000.00-MiscellaneousTotalRevenues52.400.00-645,214.25-640.214.25-52.400.00-649.738.38-597,338.38-597,338.38
gluserr&a2rbutlerTownofProsperPage717:0712/21/11Rev/ExpFundCategoryRept(3)Fund:PeriodEnding:11/2011AccountDescriptionCurrentCurrentCurrentCurrentCurxentCurrentCurrentCurrentNumberYearMonthMonthMonthYTDY’I’DYTDRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetAppropriations(Op.Rev.)TownServices/Maintenance59,200.00205,072.80205,0728059,200.00212,565.30153,365.30153,365.30-TotalAppropriations59,200.00205,072.80205,072.8059,2P0.00212,565.30153,365.30153,365.30-RevenueOver/(Under)pprop6,800.00440,141.45-440,141.45-6,800.00437.173.08-443,973.08-443,973.08CAPITALPROOEC’rSFUNDRevenueGrants/Reimbursements235,000.00-235,000.00-235,000.00235,000.00-InvestmentIncome7,000.00-1,09’.62-1,697.62-7,000.00-3,199.53-3,840.473,040.47-InterfundTransfersInBondProceeds320,000.00-320.000.00-320,000.00TotalRevenue242,000.00-1.697.62-1,697.52-242,000.00-323,159.53-81,159.53-83,150.53AppropriationsContractual/ProfessionalServi101,085.009,312.439,312.43101,085.0016,847.9384,237.07-84.237,07Capital4,400,000.001,912.891,912.894.400.000.0058,137.244.341,862.76-4.341.962.76BondCostsTotalInterfundTransfersOutTotalAppropriations4,501,085.0011,225.3211,225.324,001,085.0074,985.174,426,099.83-4,426,099.83RevenueOver/(Under)Approp4,259,085.009,527.709,527.704,259.085.00248,174.36-4,507.258.36.4.507,259.36
gluser_r&a2rbutlerTownofProsperPage817:0712/21/11Rev/ExpFundCategoryRept(3)Fund:PeriodEnding:11/2011AccountDescriptionCurrentCurrentCO±rentCurrenttiremtCurrentCurentCurrentNumberYearMonthMonthMonthYTDYTDRemasnrngAdoptedBudgetActualVarianceBudgetActualVarianceBudgetECONOMICDEVELOPMENTCORPRevenuesSalesTax376,667.00-41,443.55-41,443.55-376.667.00-91,937.09-284,729.31284.729.31-InvestmentIncome20,000.00-1,806.45-1,806.45-20.000.00-3,674.47-16,325.5316,325.53-OtherIncomeTotalRevenues396,667.00-43,250.00-43,250.00—396,667.00—95,612.16—301,054.84301,054.84-AppropriationsPersonnel31,475.003,091.223,093.2231,475.005,972.2025.502.80-25,503.80Maintenance&Supplies4,000.004.844.844.000,004.843.995.16-3,995.16TownServices/Maintenance37,300.0011,106.6611.106,6631,300.0012,338.0124,961.99-24,961.99Contractual/ProfessionalServi07,450.003,890.223,890.2287,450.007,898.1079,551.84’79,551.84Capital28,433.0028,433,0028,433.0028,433.0028,433.00-InterfundTransferOutTotalAppropriations160,225.0046,525.9446.32S.94100,225.0054,646.21105,578.78—105,578.79RevenueOver/(onder)Approp236,442.00-3,275.943,275.94236,442.00-40,965,95’195,476.05195.476.05’
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Frank E. Jaromin, P.E., Director of Public Works
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – January 10, 2012
Date: January 5, 2012
Agenda Item:
Consider and act upon 1) an award of bid to Vessels Construction, A Division of Vescor Inc., 2)
enter into a contract agreement with Vessels Construction, A Division of Vescor Inc., regarding
the construction services for the SH 289 Utility Relocations Project and 3) adopt a resolution
authorizing the Town Manager to execute the same.
Description of Agenda Item:
The Texas Department of Transportation is preparing to begin the reconstruction of SH 289
(Preston Road) from US 380 to FM 1461. The two lane asphalt highway will be widened to a
six-lane divided roadway through the Town of Prosper. The Town of Prosper owns and
maintains several water and sewer facilities currently within the right-of-way TxDOT will be
utilizing for the expansion of the road. This construction services contract will relocate Town
facilities away from the impending roadway and drainage improvements.
On January 5, 2012 at 2:05pm, twelve (12) bids were opened for the SH 289 Utility Relocations
Project. Vessels Construction, A Division of Vescor Inc., was the low bidder at $430,231.26. In
addition to the relocations, the bid also included an alternate option to install 1095 feet of 12”
water line on the west side of Preston Road, connecting Stone Creek to Pasewark. Vessels
Construction, A Division of Vescor Inc., bid for this additional work was $52,309.93.
Budget Impact:
The $482,541.19 for the construction of the relocations is to be funded by the Utility Fund.
Legal Obligations and Review:
The contract is a standard engineering services agreement previously approved by the Town
Attorney.
Attached Documents:
The following documentation is being provided for review:
• Bid Tab
• Copy of Contract Agreement
• Location Map
• Resolution
ENGINEERING
Prosper is a place where everyone matters.
Page 2 of 2
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council: 1) approve an award of bid to Vessels
Construction, A Division of Vescor Inc., 2) enter into a contract agreement with Vessels
Construction, A Division of Vescor Inc., regarding the construction services for the SH 289 Utility
Relocations Project and 3) adopt a resolution authorizing the Town Manager to execute the
same.
Project Cost Total Cost Total Cost Total Cost Total
Quantity Unit Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost
P1 Mobilization & Bonds 1 LS 33,882.79$ 33,882.79$ 30,700.00$ 30,700.00$ 29,000.00$ 29,000.00$ 10,500.00$ 10,500.00$
P2 8" Water Line 235 LF 22.51$ 5,289.85$ 37.00$ 8,695.00$ 40.00$ 9,400.00$ 45.00$ 10,575.00$
P3 12" Water Line 3100 LF 33.46$ 103,726.00$ 44.00$ 136,400.00$ 47.00$ 145,700.00$ 58.00$ 179,800.00$
P4 20" Steel Encasment (By Open Trench)290 LF 68.65$ 19,908.50$ 80.00$ 23,200.00$ 110.00$ 31,900.00$ 109.00$ 31,610.00$
P5 20" Steel Encasment (By Bore)315 LF 253.00$ 79,695.00$ 245.00$ 77,175.00$ 330.00$ 103,950.00$ 285.00$ 89,775.00$
P6 8" Gate Valve 1 EA 1,102.44$ 1,102.44$ 1,100.00$ 1,100.00$ 2,000.00$ 2,000.00$ 1,450.00$ 1,450.00$
P7 12" Gate Valve 13 EA 1,734.60$ 22,549.80$ 2,000.00$ 26,000.00$ 3,000.00$ 39,000.00$ 2,450.00$ 31,850.00$
P8 Install 2" Water Meter 4 EA 1,024.60$ 4,098.40$ 550.00$ 2,200.00$ 1,000.00$ 4,000.00$ 525.00$ 2,100.00$
P9 Install 2" Water Service 4 EA 1,034.69$ 4,138.76$ 1,600.00$ 6,400.00$ 1,700.00$ 6,800.00$ 1,425.00$ 5,700.00$
P10 Ductile Iron Fittings 4.5 TON 10,582.81$ 47,622.65$ 4,400.00$ 19,800.00$ 2,900.00$ 13,050.00$ 9,925.00$ 44,662.50$
P11 Fire Hydrant Unit Assembly 4 EA 3,541.14$ 14,164.56$ 4,200.00$ 16,800.00$ 4,200.00$ 16,800.00$ 3,700.00$ 14,800.00$
P12 Expose & Conc Encase 12" Water Line 50 LF 88.59$ 4,429.50$ 50.00$ 2,500.00$ 30.00$ 1,500.00$ 66.00$ 3,300.00$
P13 Connection to Existing Water Line 20 EA 747.19$ 14,943.80$ 2,300.00$ 46,000.00$ 1,500.00$ 30,000.00$ 700.00$ 14,000.00$
P14 Cut & Plug Existing Water Line 3 EA 505.17$ 1,515.51$ 665.00$ 1,995.00$ 700.00$ 2,100.00$ 700.00$ 2,100.00$
P15 Saw, Rem, Disp, & Replace Asphalt Pav 80 SY 44.49$ 3,559.20$ 50.00$ 4,000.00$ 130.00$ 10,400.00$ 54.00$ 4,320.00$
P16 Saw, Rem, Disp, & Replace Conc Drive 80 SY 71.20$ 5,696.00$ 74.00$ 5,920.00$ 160.00$ 12,800.00$ 56.00$ 4,480.00$
P17 Trench Excavation Protection 3335 LF 1.25$ 4,168.75$ 3.40$ 11,339.00$ 1.00$ 3,335.00$ 1.95$ 6,503.25$
P18 Silt Fence (Install, Maintain, Remove)1285 LF 1.07$ 1,374.95$ 5.00$ 6,425.00$ 3.00$ 3,855.00$ 1.75$ 2,248.75$
P19 Hydromulch 1840 SY 0.47$ 864.80$ 10.00$ 18,400.00$ 1.00$ 1,840.00$ 0.30$ 552.00$
P20 Sanitary Sewer Force Main Contingency 1 LS 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$
P21 Irr. & Landscape Repair Contingency 1 LS 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$
P22 Project Contingency 1 LS 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$
Project Cost Total Cost Total Cost Total Cost Total
Quantity Unit Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost
P3 12" Water Line 1095 LF 33.55$ 36,737.25$ 41.00$ 44,895.00$ 45.00$ 49,275.00$ 58.00$ 63,510.00$
P10 Ductile Iron Fittings 0.5 TON 9,713.75$ 4,856.88$ 5,000.00$ 2,500.00$ 2,900.00$ 1,450.00$ 9,925.00$ 4,962.50$
P15 Saw, Rem, Disp, & Replace Asphalt Pav 7 SY 35.85$ 250.95$ 85.00$ 595.00$ 800.00$ 5,600.00$ 54.00$ 378.00$
P17 Trench Excavation Protection 1095 LF 0.01$ 10.95$ 1.00$ 1,095.00$ 1.00$ 1,095.00$ 1.95$ 2,135.25$
P18 Silt Fence (Install, Maintain, Remove)150 LF 1.09$ 163.50$ 5.30$ 795.00$ 3.00$ 450.00$ 1.75$ 262.50$
P19 Hydromulch 605 SY 0.48$ 290.40$ 5.00$ 3,025.00$ 1.00$ 605.00$ 0.30$ 181.50$
P22 Project Contingency 1 LS 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$
Base Bid Items
Alt Bid Items
593,405.00$
THIRD BIDDER
68,475.00$
TOTAL PROJECT 3rd BID
Total Project Bid Amount
THIRD BIDDER
Lewis Contractor's Inc.
107 N. Grange
Bertram, Tx 78605
524,930.00$
Item DescriptionItem #
Total Base Bid Amount
SH 289 Prosper Utility Relocations
Item #Item Description
Vessels Construction
P.O. Box 28
Sherman, TX 75091 Lewisville, Tx 75067
LOW BIDDER SECOND BIDDER
Metroplex Underground, LP
P.O. Box 129
LOW BIDDER SECOND BIDDER
430,231.26$ 502,549.00$
Total Alternate Bid Amount
TOTAL PROJECT 2nd BID
565,454.00$
TOTAL PROJECT LOW BID
482,541.19$
52,309.93$ 62,905.00$
FOURTH BIDDER
Utilitex Construction, LLP
2300 Peachtree Road
Balch Springs, TX 75180
517,826.50$
FOURTH BIDDER
TOTAL PROJECT 3rd BID
599,256.25$
81,429.75$
Project
Quantity Unit
P1 Mobilization & Bonds 1 LS
P2 8" Water Line 235 LF
P3 12" Water Line 3100 LF
P4 20" Steel Encasment (By Open Trench)290 LF
P5 20" Steel Encasment (By Bore)315 LF
P6 8" Gate Valve 1 EA
P7 12" Gate Valve 13 EA
P8 Install 2" Water Meter 4 EA
P9 Install 2" Water Service 4 EA
P10 Ductile Iron Fittings 4.5 TON
P11 Fire Hydrant Unit Assembly 4 EA
P12 Expose & Conc Encase 12" Water Line 50 LF
P13 Connection to Existing Water Line 20 EA
P14 Cut & Plug Existing Water Line 3 EA
P15 Saw, Rem, Disp, & Replace Asphalt Pav 80 SY
P16 Saw, Rem, Disp, & Replace Conc Drive 80 SY
P17 Trench Excavation Protection 3335 LF
P18 Silt Fence (Install, Maintain, Remove)1285 LF
P19 Hydromulch 1840 SY
P20 Sanitary Sewer Force Main Contingency 1 LS
P21 Irr. & Landscape Repair Contingency 1 LS
P22 Project Contingency 1 LS
Project
Quantity Unit
P3 12" Water Line 1095 LF
P10 Ductile Iron Fittings 0.5 TON
P15 Saw, Rem, Disp, & Replace Asphalt Pav 7 SY
P17 Trench Excavation Protection 1095 LF
P18 Silt Fence (Install, Maintain, Remove)150 LF
P19 Hydromulch 605 SY
P22 Project Contingency 1 LS
Base Bid Items
Alt Bid Items
Total Project Bid Amount
Item DescriptionItem #
Total Base Bid Amount
SH 289 Prosper Utility Relocations
Item #Item Description
Total Alternate Bid Amount
Cost Total Cost Total Cost Total Cost Total
Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost
7,898.00$ 7,898.00$ 26,983.53$ 26,983.53$ 65,000.00$ 65,000.00$ 43,000.00$ 43,000.00$
47.35$ 11,127.25$ 31.88$ 7,491.80$ 45.00$ 10,575.00$ 59.00$ 13,865.00$
57.20$ 177,320.00$ 42.36$ 131,316.00$ 50.00$ 155,000.00$ 75.00$ 232,500.00$
95.05$ 27,564.50$ 126.37$ 36,647.30$ 175.00$ 50,750.00$ 200.00$ 58,000.00$
354.55$ 111,683.25$ 346.52$ 109,153.80$ 275.00$ 86,625.00$ 330.00$ 103,950.00$
1,376.00$ 1,376.00$ 1,105.56$ 1,105.56$ 1,100.00$ 1,100.00$ 1,200.00$ 1,200.00$
2,253.00$ 29,289.00$ 2,037.52$ 26,487.76$ 1,900.00$ 24,700.00$ 2,500.00$ 32,500.00$
1,224.00$ 4,896.00$ 1,131.67$ 4,526.68$ 1,500.00$ 6,000.00$ 455.00$ 1,820.00$
834.00$ 3,336.00$ 1,119.39$ 4,477.56$ 1,500.00$ 6,000.00$ 900.00$ 3,600.00$
6,322.00$ 28,449.00$ 11,983.34$ 53,925.03$ 6,500.00$ 29,250.00$ 500.00$ 2,250.00$
4,105.00$ 16,420.00$ 3,372.90$ 13,491.60$ 3,600.00$ 14,400.00$ 3,700.00$ 14,800.00$
73.95$ 3,697.50$ 50.63$ 2,531.50$ 100.00$ 5,000.00$ 125.00$ 6,250.00$
1,208.00$ 24,160.00$ 3,206.88$ 64,137.60$ 2,500.00$ 50,000.00$ 1,000.00$ 20,000.00$
370.00$ 1,110.00$ 401.19$ 1,203.57$ 750.00$ 2,250.00$ 500.00$ 1,500.00$
129.85$ 10,388.00$ 115.56$ 9,244.80$ 35.00$ 2,800.00$ 53.00$ 4,240.00$
183.30$ 14,664.00$ 115.56$ 9,244.80$ 45.00$ 3,600.00$ 44.00$ 3,520.00$
1.55$ 5,169.25$ 1.42$ 4,735.70$ 1.00$ 3,335.00$ 0.50$ 1,667.50$
2.25$ 2,891.25$ 2.75$ 3,533.75$ 2.00$ 2,570.00$ 2.25$ 2,891.25$
2.10$ 3,864.00$ 1.71$ 3,146.40$ 1.00$ 1,840.00$ 1.40$ 2,576.00$
10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$
7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$
40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$
Cost Total Cost Total Cost Total Cost Total
Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost
37.80$ 41,391.00$ 42.36$ 46,384.20$ 50.00$ 54,750.00$ 56.00$ 61,320.00$
10,963.00$ 5,481.50$ 11,983.34$ 5,991.67$ 6,500.00$ 3,250.00$ 500.00$ 250.00$
169.15$ 1,184.05$ 121.23$ 848.61$ 75.00$ 525.00$ 53.00$ 371.00$
1.00$ 1,095.00$ 1.42$ 1,554.90$ 1.00$ 1,095.00$ 0.50$ 547.50$
2.25$ 337.50$ 2.78$ 417.00$ 2.00$ 300.00$ 2.25$ 337.50$
3.00$ 1,815.00$ 1.71$ 1,034.55$ 1.00$ 605.00$ 1.40$ 847.00$
10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$
Frisco, Tx 75033 Lewisville, Tx 75057
EIGHTH BIDDER
Camino Construction, LP
1208 Metro Park
607,629.75$
EIGHTH BIDDER
73,673.00$
TOTAL PROJECT 3rd BID
681,302.75$
FIFTH BIDDER
Interstate Pipeline Utility Construction, LLC
2110 Wall Street, Ste. 300
Garland, TX 75041
542,803.00$
FIFTH BIDDER
TOTAL PROJECT 3rd BID
604,107.05$
61,304.05$
SIXTH BIDDER
Venus Construction
1426 S. Main, PO Box 90
Mansfield, Tx 76063
570,884.74$
SIXTH BIDDER
578,295.00$
SEVENTH BIDDER
SEVENTH BIDDER
Mario Sinacola & Sons Excav. Inc
10950 Research Road
TOTAL PROJECT 3rd BID
648,820.00$
70,525.00$
TOTAL PROJECT 3rd BID
637,115.67$
66,230.93$
Project
Quantity Unit
P1 Mobilization & Bonds 1 LS
P2 8" Water Line 235 LF
P3 12" Water Line 3100 LF
P4 20" Steel Encasment (By Open Trench)290 LF
P5 20" Steel Encasment (By Bore)315 LF
P6 8" Gate Valve 1 EA
P7 12" Gate Valve 13 EA
P8 Install 2" Water Meter 4 EA
P9 Install 2" Water Service 4 EA
P10 Ductile Iron Fittings 4.5 TON
P11 Fire Hydrant Unit Assembly 4 EA
P12 Expose & Conc Encase 12" Water Line 50 LF
P13 Connection to Existing Water Line 20 EA
P14 Cut & Plug Existing Water Line 3 EA
P15 Saw, Rem, Disp, & Replace Asphalt Pav 80 SY
P16 Saw, Rem, Disp, & Replace Conc Drive 80 SY
P17 Trench Excavation Protection 3335 LF
P18 Silt Fence (Install, Maintain, Remove)1285 LF
P19 Hydromulch 1840 SY
P20 Sanitary Sewer Force Main Contingency 1 LS
P21 Irr. & Landscape Repair Contingency 1 LS
P22 Project Contingency 1 LS
Project
Quantity Unit
P3 12" Water Line 1095 LF
P10 Ductile Iron Fittings 0.5 TON
P15 Saw, Rem, Disp, & Replace Asphalt Pav 7 SY
P17 Trench Excavation Protection 1095 LF
P18 Silt Fence (Install, Maintain, Remove)150 LF
P19 Hydromulch 605 SY
P22 Project Contingency 1 LS
Base Bid Items
Alt Bid Items
Total Project Bid Amount
Item DescriptionItem #
Total Base Bid Amount
SH 289 Prosper Utility Relocations
Item #Item Description
Total Alternate Bid Amount
Cost Total Cost Total Cost Total Cost Total
Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost
20,000.00$ 20,000.00$ 25,000.00$ 25,000.00$ 18,000.00$ 18,000.00$ 25,000.00$ 25,000.00$
60.00$ 14,100.00$ 61.00$ 14,335.00$ 66.00$ 15,510.00$ 30.00$ 7,050.00$
72.00$ 223,200.00$ 84.50$ 261,950.00$ 70.00$ 217,000.00$ 70.00$ 217,000.00$
140.00$ 40,600.00$ 95.00$ 27,550.00$ 150.00$ 43,500.00$ 135.00$ 39,150.00$
360.00$ 113,400.00$ 355.00$ 111,825.00$ 400.00$ 126,000.00$ 650.00$ 204,750.00$
1,000.00$ 1,000.00$ 1,100.00$ 1,100.00$ 1,100.00$ 1,100.00$ 1,100.00$ 1,100.00$
2,400.00$ 31,200.00$ 1,950.00$ 25,350.00$ 1,850.00$ 24,050.00$ 2,350.00$ 30,550.00$
800.00$ 3,200.00$ 2,300.00$ 9,200.00$ 385.00$ 1,540.00$ 2,400.00$ 9,600.00$
1,000.00$ 4,000.00$ 160.00$ 640.00$ 2,300.00$ 9,200.00$ 2,000.00$ 8,000.00$
4,000.00$ 18,000.00$ 4,000.00$ 18,000.00$ 10,600.00$ 47,700.00$ 4,200.00$ 18,900.00$
4,500.00$ 18,000.00$ 3,000.00$ 12,000.00$ 3,750.00$ 15,000.00$ 3,100.00$ 12,400.00$
50.00$ 2,500.00$ 85.00$ 4,250.00$ 150.00$ 7,500.00$ 75.00$ 3,750.00$
3,000.00$ 60,000.00$ 2,200.00$ 44,000.00$ 2,300.00$ 46,000.00$ 1,200.00$ 24,000.00$
400.00$ 1,200.00$ 450.00$ 1,350.00$ 900.00$ 2,700.00$ 500.00$ 1,500.00$
80.00$ 6,400.00$ 65.00$ 5,200.00$ 100.00$ 8,000.00$ 50.00$ 4,000.00$
100.00$ 8,000.00$ 75.00$ 6,000.00$ 100.00$ 8,000.00$ 75.00$ 6,000.00$
1.00$ 3,335.00$ 1.00$ 3,335.00$ 2.00$ 6,670.00$ 0.50$ 1,667.50$
2.00$ 2,570.00$ 1.50$ 1,927.50$ 2.50$ 3,212.50$ 2.00$ 2,570.00$
2.00$ 3,680.00$ 0.50$ 920.00$ 1.50$ 2,760.00$ 0.85$ 1,564.00$
10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$
7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$
40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$
Cost Total Cost Total Cost Total Cost Total
Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost Per Unit Item Cost
72.00$ 78,840.00$ 84.50$ 92,527.50$ 70.00$ 76,650.00$ 70.00$ 76,650.00$
4,000.00$ 2,000.00$ 4,000.00$ 2,000.00$ 10,600.00$ 5,300.00$ 2,350.00$ 1,175.00$
80.00$ 560.00$ 65.00$ 455.00$ 100.00$ 700.00$ 50.00$ 350.00$
1.00$ 1,095.00$ 1.00$ 1,095.00$ 2.00$ 2,190.00$ 0.50$ 547.50$
2.00$ 300.00$ 1.50$ 225.00$ 2.50$ 375.00$ 2.00$ 300.00$
2.00$ 1,210.00$ 0.50$ 302.50$ 1.50$ 907.50$ 0.85$ 514.25$
10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$
94,005.00$
TOTAL PROJECT 3rd BID
725,890.00$ 738,037.50$
NINTH BIDDER
Dowager Utility Construction, LTD.
2464 Manana Drive
Dallas, Tx 75220
631,885.00$
NINTH BIDDER NINTH BIDDER
106,605.00$
TOTAL PROJECT 3rd BID
96,122.50$
TOTAL PROJECT 3rd BID
757,065.00$
TENTH BIDDER
Saber Development Corporation
P.O. Box 540186
Dallas, Tx 75354-0186
631,432.50$
ELEVENTH BIDDER
Dickerson Constr. Co., Inc.
PO Box 181
Celina, Tx 75009
TOTAL PROJECT 3rd BID
765,588.25$
Durant, Ok 74701
660,942.50$
NINTH BIDDER
TWELTH BIDDER
W. Brown Enterprises, Inc.
2905 N. First St.
676,051.50$
NINTH BIDDER
89,536.75$
STANDARD FORM OF AGREEMENT
STATE OF TEXAS §
§
COUNTY OF §
THIS AGREEMENT, made and entered into this day of , 20____, by and
between the TOWN OF PROSPER, TEXAS, a Texas Municipal Corporation, of the County of Collin and State of Texas,
acting through thereunto duly authorized so to do, Party of the First Part, hereinafter termed
OWNER, and VESSELS CONSTRUCTION, a DIVISION OF VESCOR INC. of the City of SHERMAN, County of
GRAYSON, and State of TEXAS, Party of the Second Part, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the OWNER, and under the conditions expressed in the bond bearing even date herewith,
the said CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain
improvements generally described as follows:
--- SH 289 UTILITY RELOCATIONS ---
and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement
and at his (or their) own proper cost and expenses to furnish all the materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said
construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance
with the Advertisement for Proposals, General and Special Conditions of Agreement, Plans and other drawings and
printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by RLK
Engineering Inc., herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the
ENGINEER, together with the CONTRACTOR'S written Proposal, and the Performance and Payment Bonds hereto
attached; all of which are made a part hereof and collectively evidence and constitute the entire contract
(hereinafter collectively called the "Contract Documents" or the "Contract").
The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do
so shall have been given to him, and to substantially complete the same within 60 calendar days after the written
notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal,
which forms a part of this contract, such payments to be subject to the General and Special Conditions of the
contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day
first above written.
TOWN OF PROSPER, TEXAS VESSELS CONSTRUCTION, A DIVISION OF VESCOR INC.
Party of the First Part Party of the Second Part
(OWNER) (CONTRACTOR)
By: By: ______________
ATTEST: ATTEST:
________________________
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-73
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT
AGREEMENT FOR CONSTRUCTION SERVICES FOR THE SH 289
UTILITY RELOCATIONS, BETWEEN VESSELS CONSTRUCTION, A
DIVISION OF VESCOR INC., AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
contract agreement for construction services for the SH 289 Utility Relocations, between
Vessels Construction, a Division of Vescor Inc., and the Town of Prosper, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 10th of January, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – January 10, 2012
Date: January 5, 2012
Agenda Item:
A public hearing to consider and act upon a request to rezone 3.0± acres, located 750± feet east of
Dallas Parkway and 650± feet south of First Street, from Agricultural (A) to Planned Development -
Commercial (PD-C). (Z11-0012).
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
Commercial Building Materials Storage Tollway District
East
PD-42-Commercial Undeveloped Tollway District
South
Agricultural Under Construction - Major
Automobile Repair Tollway District
West
Commercial Corridor Undeveloped Tollway District
Requested Zoning – Z11-0012 is a request to rezone 3.0± acres, located 750± feet east of Dallas
Parkway and 650± feet south of First Street (450 Business Park), from Agricultural (A) to Planned
Development-Commercial (PD-C). The existing 15,610 square foot metal building on the property
was constructed for various commercial and warehousing uses in 2007 prior to the property being
annexed into the Town and the existing building and uses are legally nonconforming at this time.
The applicant has submitted a rezoning request, which would make existing uses legally
conforming and would allow for the construction of an open storage area including temporary
greenhouses, with a proposed nine foot (9’) architectural metal fence and landscape in order to
screen the open storage areas on the property from Business Park Drive (a future two lane
collector).
Prosper is a place where everyone matters.
PLANNING
The Planned Development regulations are attached. The proposed Planned Development-
Commercial (PD-C) District includes several development standards unique to the property due to
nature of the existing improvements on the property and the proposed use. The standards that
vary from straight Commercial zoning are:
1. Side and rear yard setbacks for open storage areas – The applicant is requesting to allow
for open storage five feet (5’) from the side and rear property lines, which would be
screened by a proposed nine foot (9’) architectural metal fence and landscape. Straight
zoning would require covered storage areas and all open storage to meet the District’s
minimum building setbacks.
2. Open storage screening – The applicant is proposing to screen all open storage areas with
a nine foot (9’) architectural metal fence along the eastern, western, and southern
boundaries of the open storage area. The northern boundary adjacent to 430 Business
Park Drive is proposed be screened by a shared screening fence if permitted by the
adjacent property owner or by a nine foot (9’) architectural metal fence. The Zoning
Ordinance requires open storage to be completely screened from all pubic streets and
surrounding property through to use of masonry walls with trees, ornamental metal fencing
with solid living screen, or alternative screening types with Town Council approval.
3. Paving materials in the open storage area – The applicant is proposing to use gravel or
crushed rock as a paving material in the open storage area. All fire lanes and publicly
accessible parking areas and drives will be concrete. The Zoning Ordinance prohibits the
use of gravel or crushed rock as a permanent paving surface.
4. Greenhouses – The applicant is proposing to allow for the construction of temporary hoop &
poly or shade cloth greenhouses in the open storage area as shown on Exhibit D. The
Zoning Ordinance does not have a provision allowing for these type of greenhouses.
5. Perimeter landscaping – Exhibit C describes unique planting requirements that vary
depending on the property boundary. The applicant is proposing three 3” caliper crepe
myrtles and shrubs adjacent to the nine foot (9’) architectural metal fence and eight 4”
caliper live oak trees along the eastern boundary along Business Park Drive as shown on
the attached conceptual exhibit. The applicant is requesting to plant the remaining
perimeter shrubs along the eastern property line at the time the property fully develops or
once Business Park Drive is constructed to a two lane collector section. The Zoning
Ordinance requires one large 3” caliper tree and fifteen 5 gallon shrubs every thirty linear
feet (30’) along commercial collectors (Business Park Drive). The applicant is not
proposing any plantings along the northern, western, and southern property boundaries, as
these landscape buffer areas are encumbered by easements.
Town staff recommends the Town Council review the proposed open storage screening standards
and the proposed landscaping to determine if the applicant’s proposed standards are adequate.
Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Tollway District uses for
the property. The FLUP states the Tollway will be a major attractor for commercial, mixed use, and
high density residential development. The proposed Planned Development-Commercial District
allows for the development of heavy retail, service, light intensity wholesale, and commercial uses
with a maximum building height of two (2) stories, no greater than forty (40) feet. The zoning
request conforms to the FLUP.
Conformance to the Thoroughfare Plan – The property is located adjacent to Business Park Drive,
a future two lane collector. The zoning exhibit complies with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water service has been extended to the property. Sanitary
sewer service will have to be extended to the property prior to any new development on the
property.
Access – Access to the property is provided from Business Park Drive, which is an existing private
asphalt drive and a future two lane collector on the Town’s Thoroughfare Plan. Adequate access
is provided to the property.
Schools – This property is located within the Prosper Independent School District. It is not
anticipated that a school site is needed on this property at this time.
Parks – It is not anticipated this property will be needed for the development of a park.
Environmental Considerations – A significant portion of the property is currently located in the 100-
year floodplain. The existing building was not shown to be in the 100-year floodplain when it was
constructed in 2007, but the floodplain boundary was revised with the 2009 FEMA FIRM maps.
Budget Impact:
There are no significant budget implications associated with 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 one public hearing notice reply form, with none in opposition to the request.
Attached Documents:
1. Zoning Exhibits A, B, C, D, and E.
2. Pictures of the existing building and property at 450 Business Park Drive.
3. Zoning map of surrounding area.
4. Public hearing notice reply form.
Planning & Zoning Commission Recommendation:
At their December 20, 2011 meeting, the Planning & Zoning Commission recommended the Town
Council approve to rezone 3.0± acres, located 750± feet east of Dallas Parkway and 650± feet
south of First Street, from Agricultural (A) to Planned Development-Commercial (PD-C), by a vote
of 5-1, subject to:
1. The screening along the northern portion of the open storage area be integrated into the
approved screening along the entire northern property boundary within two years of the
planned development ordinance adoption or the applicant is to construct a nine foot metal
fence along the northern portion of the open storage area.
2. Installation of required shrubs along the northern part (open storage area) of eastern
boundary adjacent to Business Park Drive to be planted with the construction of the open
storage area.
3. The remaining required shrubs along the eastern boundary to be planted before the
conclusion of construction of the future two lane commercial collector (Business Park Drive)
or with future build out of the property, whichever comes first.
The applicant has revised Exhibit C to meet all three conditional items as recommended by the
Planning & Zoning Commission.
Town Staff Recommendation:
Town staff recommends the Town Council approve a request to rezone 3.0± acres, located 750±
feet east of Dallas Parkway and 650± feet south of First Street, from Agricultural (A) to Planned
Development-Commercial (PD-C).
Exhibit “B”
450 Business Park Drive
Prosper, TX 75078
Eric Hover, Owner/Representative
Prosper Business Park, LP.
Planned Development District
Statement of Intent and Purpose
Prosper Business Park intends to develop this site to suite the business of Avant-Garde Organics,
which consists of wholesale distribution of Organic Home and Garden Products, online retail
sales, and residential and commercial “Easy Garden” installation and service. Prosper Business
Park also has 6000 square feet in which it leases to commercial tenants. Our intent is to develop
the Open Storage area to contain the necessary components of the “Easy Garden” business,
establish the final perimeter landscape plan for the property, and to put forth a site that will
enhance the Town of Prosper.
The emphasis on securing the Open Storage area and providing a visually pleasant appearance by
use of landscaping and fencing. All open storage will be well screened from view both from
Business Park Drive and neighboring properties.
Exhibit "C"
Prosper Business Park, LP
PD - Commercial District
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Standards, the regulations of the Town’s Zoning
Ordinance (No. 05-20 as it currently exists or may be amended) and the Town’s Subdivision
Ordinance (No. 03-05 as it exists or may be amended) shall apply to the property.
1. COMMERCIAL DISTRICT - Prosper Business Park
1.1 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard: Thirty (30) feet.
2. Minimum Side Yard:
A. Five (5) feet for open storage/covered storage areas.
B. Fifteen feet (15) for buildings. The minimum side yard setback may be
eliminated for attached buildings on separate lots as shown on an approved
site plan.
C. Thirty (30) feet adjacent to Business Park Drive.
D. Ten (10) side yard for west property line.
3. Minimum Rear Yard:
A. Five (5) feet for open storage/covered storage areas.
B. Fifteen feet (15) for buildings. The minimum side yard setback may be
eliminated for attached buildings on separate lots as shown on an approved
site plan.
B. Size of Lots:
1. Minimum Size of Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width: One hundred (100) feet.
3. Minimum Lot Depth: One hundred (100) feet.
C. Maximum Height: Two (2) stories, not greater than forty (40) feet.
D. Lot Coverage: Fifty (50) percent.
E. Floor Area Ratio: Maximum 0.5:1
1.2 PERMITTED USES:
A. Compliance with State and Federal Law: No uses shall be allowed which are
prohibited by State law or which operate in excess of State or Federal environment
or pollution standards as determined by the U.S. Environmental Protection Agency,
Texas Air Control Board, Texas State Department of Health, or the Texas Water
Commission, as the case.
B. Open Storage: Not more than twenty (20) percent of the lot or tract may be used for
the open storage of products such as fertilizer and bagged products, materials such
as but not limited to mulch, limited amounts of landscape stone, masonry mortar,
trees, shrubs, annuals or fencing, or equipment such as lawn equipment or materials
trailers/containers. Live goods such as fruit/citrus trees, vegetable plants, herbs and
the like to be stored in hoop and poly or shade cloth greenhouses, all of which shall
be screened from adjoining properties or streets. The screening will consist of nine
(9) foot tall Architectural Metal fencing on the east, south, and west sides. The
screening along the north side of the open storage area shall be integrated into the
required screening along the shared property line with Lot 1 (430 Business Park
Drive) within two years of ordinance adoption or a nine (9) foot tall Architectural
metal fence shall be constructed along the north side of the open storage area.
Landscaping to be installed outside the east fence with three (3) Crepe Myrtles, 3
caliper inch and minimum 5 feet in height along the east property line 15 foot
landscape set back. Our current dumpster will be placed in the Open Storage Area
behind the gate on the west drive and completely screened by the fence.
C. High Risk or Hazardous Uses:
1. The uses listed in 1.2(D) below are permitted in the Commercial District, provided
that such uses shall not disseminate dust, fumes, gas, noxious odor, smoke,
glare, or other atmospheric influence beyond the boundaries of the property on
which such use is located and which produces no noise exceeding the average
intensity of noise of street traffic at that point and provided that such use does not
create fire hazards on surrounding property.
2. "High risk or hazardous” uses are not permitted in the Commercial District. In this
section, "high risk or hazardous” use means any use whose operation, in the
opinion of the Fire Chief, involves a much higher than average risk to public
health and safety. These uses include but are not limited to facilities where
significant amounts of radiation, radioactive materials, highly toxic chemicals or
substances, or highly combustible or explosive materials are present, used,
produced, stored, or disposed of.
D. Permitted Uses: The permitted uses on the subject property are those uses
allowed under the Commercial District as outlined in the Town’s Zoning Ordinance
No. 05-20, as it exists or may be amended with the following addition:
· Temporary greenhouses as shown on Exhibit D.
1.3 Paving Materials permitted in open storage area: Gravel, crushed rock and / or four
inch concrete shall be permitted paving material in the open storage area located behind
all screening and gates. All additional fire lanes shall be constructed of concrete and
shall meet the Town of Prosper’s paving standards.
1.4 Perimeter Landscaping: The plan set forth below will serve as our final perimeter
landscape plan.
A. East Property Line
1. North of North Circle Drive, adjacent to Architectural Metal Fence: Three (3)
crepe myrtle’s, minimum 5 feet tall at time of planting, each being three (3)
caliper inch, and spaced at a minimum of fifteen (15) feet apart from one another,
and 3-5 gallon shrubs planted at a ratio of one shrub for every two feet.
2. Area Between North and South Circle Drive: Five (5) four (4) inch caliper Live
Oak trees spaced a minimum of thirty (30) feet on center.
3. South of South Circle Drive: Three (3) four (4) inch caliper Live Oak trees
spaced a minimum of thirty (30) feet on center.
B. North Property Line: The north property line border contains utilities for town water
line to the existing building. No perimeter landscaping is permitted in the utility
easement.
C. West Property Line: The existing building was constructed 10 foot from the west
property line and contains utilities for septic and electric. No perimeter landscaping is
permitted in the utility easement.
D. South Property Line: Along the southwest property line is the drainage ditch that
collects the run off from the concrete drive. Utilities for the existing building’s septic
system run along this border as well. No perimeter landscaping is permitted in the utility
easement.
E. Landscaping: Additional landscaping, south of North Circle Drive, to be planted
along the east landscape set back line before the completion of the construction of the
future two lane commercial collector (Business Park Drive) or with future build out of the
property, whichever comes first. Additional plantings to be at a ratio of one shrub for
every two feet of frontage. Irrigation will be installed for the landscaped areas. All
requirements for 5 gallon shrubs will be amended to 3-5 gallon shrubs, three (3) feet
high at time of planting.
Exhibit “E”
450 Business Park Drive
Prosper, TX 75078
Eric Hover, Owner/Representative
Prosper Business Park, LP.
Planned Development District
Development Schedule:
It is anticipated that the development of the Open Storage will begin within one week
after approval and issuance of any or all permits.
As the demand grows for additional commercial tenant space we will develop the
remaining buildings on the property. It is anticipated that this total build out will occur
within the next 10 to 20 years.
Z11-0012
C
CC
CC
C
A
A
R
A
CC
CC
SF-15
ACC
SF-15
C
PD-42
SF
PD-3
CC
PD-19
S-6
W FIRST ST
S DALLAS PKWYS DALLAS PKWYJ E WEEMS BLVDBUSINESS PARK DR0 125 250 375
Feet
1 inch = 250 feet
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – January 10, 2012
Date: January 5, 2012
Agenda Item:
A public hearing to consider and act upon a request to rezone 3.5± acres, located on the south
side of Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to Planned
Development-Retail (PD-R). (Z11-0013).
History:
On April 26, 2005, the Town Council approved a site plan showing a mini-warehouse development
on the property (site plan from 2005 is attached). In May 2005, the Town Council adopted a new
Zoning Ordinance No. 05-20, which revised several development standards, including setbacks
and landscape requirements, and changed the mini-warehouse use from permitted by right in the
Commercial District, to permitted with a Specific Use Permit (SUP). Construction commenced in
2006 on the ten buildings along the perimeter of the property and construction stopped in 2010
without any buildings being complete or the construction of improvements being accepted by the
Town. All site plans and building permits have since expired and the property has been foreclosed
on. The existing ten incomplete buildings on the property are nonconforming structures at this time
and mini-warehouse is not a permitted use unless a SUP is granted by the Town or the property is
rezoned to a zoning district that allows for mini-warehouse. The applicant is proposing to rezone
the property to a Planned Development-Retail District, which would allow for the mini-warehouse
use.
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
Planned Development-31-
Single Family, Planned
Development-46-Retail,
and Commercial
Single Family Residential
(Saddle Creek), Minor
Automobile Repair (Integrity
Car Care), and Office
Medium Density Residential
and Neighborhood Retail
East
Commercial Car Wash and Retail Neighborhood Retail
Prosper is a place where everyone matters.
PLANNING
South
Single Family-10 Single Family Residential
(Preston Lakes) Medium Density Residential
West
Single Family-10 Single Family Residential
(Preston Lakes) Medium Density Residential
Requested Zoning – Z11-0013 is a request to rezone 3.5± acres, located on the south side of
Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to Planned Development-
Retail (PD-R). The Planned Development regulations are attached. The proposed PD-R District
includes several development standards unique to the property due to nature of the existing
buildings on the property and the proposed use. The standards that vary from straight Retail
zoning are listed below:
1. Permitted Uses – In addition to uses permitted in the Retail District, the applicant is
proposing to allow for Mini-warehouse with a Caretaker’s Residence by right. The Planned
Development-Retail (PD-R) District eliminates the following uses typically permitted in the
Retail District:
• Antenna and/or Antenna Support Structure, Commercial
• Antenna and/or Antenna Support Structure, Non-Commercial
• Assisted Care or Living Facility with a Specific Use Permit
• Athletic Stadium or Field, Private with a Specific Use Permit
• Athletic Stadium or Field, Public
• Auto Parts Sales, Inside
• Automobile Paid Parking Lot/Garage
• Automobile Repair, Minor
• Bed and Breakfast Inn
• Beer & Wine Package Sales
• Bottling Works
• Building Material and Hardware Sales, Major with a Specific Use Permit
• Car Wash
• Cemetery or Mausoleum with a Specific Use Permit
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Commercial Amusement Outdoor with Specific Use Permit
• Convenience Store
• Day Care Center, Adult
• Equipment and Machinery Sales and Rental, Major
• Farm, Ranch, Stable, Garden or Orchard
• Farmer’s Market
• Feed Store
• Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
• Gas Pumps
• Golf Course and/or Country Club
• Gunsmith
• Household Appliance Service and Repair
• Laundromat
• Mobile Food Vendor
• Pet Day Care
• Recycling Collection Point
• Rehabilitation Care Institution with Specific Use Permit
• Restaurant, Drive-In
• School District Bus Yard
• Sewage Treatment Plant
• Small Engine Repair Shop
• Stealth Antenna, Commercial
• Telephone Exchange
• Temporary Building
• Trailer Rental with Specific Use Permit
• Utility Distribution/Transmission Facility with Specific Use Permit
• Water Treatment Plant with Specific Use Permit
2. Side and rear yard setbacks – The applicant is requesting to significantly reduce the
building setbacks from the side and rear property lines to allow for the existing buildings to
be conforming structures. Straight zoning would require a minimum 15 foot setback from
non-residential districts and a 30 foot setback from residential districts.
3. Building Height – The PD-R District allows for a maximum building height of one story or 30
feet, except for the caretaker’s residence, which is two stories, no greater than 40 feet.
Straight zoning would allow for a maximum building height of two stories, no greater than
40 feet for all buildings.
4. Exterior Building Materials – The PD-R District allows for all future buildings to be 100%
clay fired brick, to match the existing buildings. Straight zoning does not allow for any
single material to exceed 80% of an elevation area.
5. Perimeter screening and landscaping – Exhibit C describes unique planting and landscape
setback requirements that vary depending on the property boundary. The applicant is
proposing the 10 foot landscape setback adjacent to the western property line include
shrubs and the walls of the existing buildings serve as the screening wall, in place of a
separate masonry wall on the shared property line. The applicant is proposing to plant six
foot tall eastern red cedars spaced on 20 foot centers along the southern property line, in
place of typical large tree plantings and a masonry screening wall on the shared property
line. The applicant is requesting to not be required to construct landscape islands at the
terminus of parking aisles internal to the development and not be required to plant
landscaping adjacent to non-residential districts. Straight zoning would require a minimum
6 foot masonry wall be constructed along the shared property line adjacent to residential
uses, in addition to a 15 foot landscape buffer with large trees planted every 30 feet.
Straight zoning would also require landscape islands with a large tree at the terminus of
parking aisles and the planting of small trees and shrubs in the landscape setback adjacent
to non-residential districts.
Town staff recommends the Town Council review the proposed landscaping and screening
standards to determine if the applicant’s proposed standards are adequate.
Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Neighborhood Retail
uses for the property. The proposed Planned Development-Retail District allows for the
development of retail, office and service uses. The zoning request conforms to the FLUP.
Thoroughfare Plan – The property is adjacent to Prosper Trail, a four lane divided thoroughfare.
The zoning exhibit complies with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water and sewer service have been extended to the
property.
Access – Access to the property is provided from Prosper Trail. Adequate access is provided to
the property.
Schools – This property is located within the Prosper Independent School District (PISD). It is not
anticipated that a school site will be needed on this property.
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – There is no 100-year floodplain located on the property.
Budget Impact:
There are no significant budget implications associated with 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 two public hearing notice reply forms, with none in opposition to the request.
Attached Documents:
1. Zoning Exhibits A, B, C, D, and E.
2. Expired site plan, approved by the Town Council on April 26, 2005.
3. Zoning map of surrounding area.
4. Public hearing notice reply forms.
Planning & Zoning Commission Recommendation:
At their January 3, 2012 meeting, the Planning & Zoning Commission recommended the Town
Council approve to rezone 3.5± acres, located on the south side of Prosper Trail, 750± feet west of
Preston Road, from Commercial (C) to Planned Development-Retail (PD-R), by a vote of 7-0,
subject to:
1. Planting the required six foot tall eastern red cedars in a staggered pattern along the
southern property line.
2. Limiting the mini-warehouse hours to no later than 8pm.
The applicant has revised Exhibit C to meet both conditional items as recommended by the
Planning & Zoning Commission.
Town Staff Recommendation:
Town staff recommends the Town Council approve a request to rezone 3.5± acres, located on the
south side of Prosper Trail, 750± feet west of Preston Road, from Commercial (C) to Planned
Development-Retail (PD-R).
Exhibit “B”
Preston 48 addition, Block A, Lot 6
(1140 E. Prosper Trail)
Statement of Intent and Purpose
This tract is located within an existing commercial development on the south side
of Prosper Trail just west of Preston Road in Prosper, Texas. The tract is formally
described as Lot 6, Block A of the Prosper 48 Addition and is approximately 3.5
acres in size.
This specific development is a partially completed mini-warehouse development.
It is generally located in the southwest corner of the aforementioned existing
commercial development. It is situated on the north and east behind
neighborhood type commercial uses, such as, a convenience store with fuel
sales, automobile lube facility, strip retail buildings and along the south and west
sides of Lot 6 there is a single-family residential neighborhood, the Preston
Lakes Addition. In general the existing mini-warehouse buildings are separated
by a 10-15 foot open space buffer from the rear lot lines of those lots within
Preston Lakes immediately adjacent to Lot 6, more specifically Block B, Lots 14-
25 of the Preston Lakes Addition.
Currently, this existing mini-warehouse development has never been completed
and has never been in operation. The existing buildings are in disrepair, the
additional interior 1-story buildings have not been constructed and the perimeter
open space areas have not been completed and are not capturing storm water
appropriately. Blue Star Land would like to purchase this defunct mini-warehouse
development from the financial institution that currently owns it and retrofit this
development into a functioning and reputable “use” that fulfills a need in the
community provided it can successfully rezone Lot 6 to a Planned Development
under the terms and conditions outlined within the PD.
The purpose for this Planned Development is to define a new set of development
parameters that will resolve both the zoning and development standard violations
that exist today. These changes would allow Blue Star Land to purchase the
property, bring the development up to standards, repair the existing building,
complete the perimeter open space areas, construct the remaining/proposed 1-
story interior buildings and change a defunct mini-warehouse development from
a source of frustration and concern into a successful conforming use.
Exhibit “C”
Preston 48 Addition, Block A, Lot 6 December 28, 2011
Dowdey, Anderson & Associates -1- DAA No. 11031
Preston 48 addition, Block A, Lot 6
(1140 E. Prosper Trail)
Planned Development Regulations
1.0 General Regulations:
1.1 Except as otherwise set forth in these Planned Development Regulations, the
property shall develop under the Retail District (R) standard in the Town’s
Zoning Ordinance No. 05-20 as it currently exists or may be amended.
1.2 Definitions used herein shall be the same as those found in the Zoning
Ordinance for the Town of Prosper, Texas as it currently exist or may be
amended.
2.0 Permitted Uses:
2.1 Proposed land uses followed with an “(S)” are permitted with a Specific Use
Permit and uses followed by a “(C)” are permitted subject to the conditional
development standards set forth in the Towns’ Zoning Ordinance. The allowable
land uses within this Planned Development are as follows:
1. Accessory Building;
2. Administrative, Medical, or
Professional Office;
3. Antique Shop and Used Furniture
4. Artisan’s Workshop;
5. Bank, Savings and Loan, or
Credit Union;
6. Beauty Salon/Barber shop;
7. Building Material and Hardware
Sales, Minor;
8. Business Service;
9. Commercial Amusement, indoor;
10. Community Center;
11. Dry Cleaning, Minor;
12. Day Care, Child, (C);
13. Furniture, Home Furnishing and
Appliance Store;
14. Governmental Office;
15. Gymnastics/Dance Studio;
16. Homebuilder Marketing Center;
17. Health/Fitness Center;
18. Hospital;
19. House of Worship;
20. Insurance Office;
21. Locksmith / Security System
Company;
22. Mini-warehouse with caretaker’s
residence ( Public Access
between 6 am-8pm)
23. Massage Therapy, Licensed;
24. Museum /Art Gallery;
25. Municipal Uses (operated by
Prosper)
26. Nursery, Minor;
27. Park or Playground;
28. Print Shop, Minor;
29. Private Club (S);
30. Private Recreation Center;
31. Retails Stores and Shops;
32. Retail/Services Incidental Uses;
33. Restaurant or Cafeteria, (C);
34. School, Private or Parochial;
35. School, Public;
36. Theater, Neighborhood;
37. Veterinarian Clinic and/or Kennel, Indoor;
Exhibit “C”
Preston 48 Addition, Block A, Lot 6 December 28, 2011
Dowdey, Anderson & Associates -2- DAA No. 11031
3.0 Area Regulations:
3.1 Minimum Yard Requirements:
a. Min. Front Yard Setback: Thirty (30) feet
b. Min. Side Yard Setback:
· Five (5) feet adjacent to non-residential districts. The minimum
side yard setback may be reduced between retail buildings on
separate lots as shown on an approved site plan. Building 10
shall have a one (1) foot set-back.
· Ten (10) feet for a 1 story building adjacent to a residential
district.
c. Min. Rear Yard Setback:
· Ten (10) feet to a residential district.
3.2 Minimum Lot Requirements:
a. Minimum Lot Area: Ten Thousand (10,000) square feet.
b. Minimum Lot Width: Forty (40) feet
c. Minimum Lot Depth: One hundred (100) feet.
3.3 Maximum Building Height:
a. Buildings , except for Building 1 as shown on Exhibit D, shall be a
maximum of one (1) story or Thirty (30) feet in height. Building 1 on
Exhibit D shall be a maximum of two (2) stories, no greater than forty
(40) feet in height.
3.4 Maximum Lot Coverage: Fifty (50) percent for buildings and accessory
structures.
3.5 Floor Area Ratio: Maximum 0.5:1.
4.0 Exterior Building Materials:
The existing buildings are 100% masonry (clay fired brick) exclusive of
windows and doors. Any future buildings shall be comprised of brick of similar
color to provide a compatible and homogenous appearance with the existing
masonry buildings.
Exhibit “C”
Preston 48 Addition, Block A, Lot 6 December 28, 2011
Dowdey, Anderson & Associates -3- DAA No. 11031
5.0 Screening Regulations:
5.1 Land Use Screening:
a. A solid masonry wall on the west and south line of Lot 6, Block A of the
Prosper 48 Addition is not required.
b. Along the west line of Lot 6, for Lots 14-17 within the Preston Lakes
Addition, the private wood fences shall be extended to the existing rear
building wall and the existing 10 –foot buffer shall be landscaped with
shrub and turf.
c. Along the south line of Lot 6, for Lots 18-25 within the Preston Lakes
Addition, the developer shall plant a minimum of 1-6-foot, eastern red
cedar on staggered twenty foot centers along the south line of lot 6 to
create a solid green screen and the remainder of the open space north
of the green screen shall be turf or native grasses to provide a
landscaped buffer between residential and non-residential uses.
d. Landscape Islands – internal landscape islands and trees at the
terminus of parking aisles internal to the mini-warehouse development
are not required.
e. Along the north and east line of Lot 6, for Preston 48 Addition Lots 1-5
the 5-foot landscape buffer shall remain as existing turf.
1
Memorandum
To: Town Council
CC: Mike Land, Town Manager
From: Amy Piukana, Town Secretary
Date: 1/6/2012
Re: Supporting Documents Agenda Item No. 8
The supporting documents regarding the discussion concerning park land
dedication and park improvement fee requirements for a portion of
Brookhollow Development will be passed out at the meeting.
CONFIDENTIAL
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – January 10, 2012
Date: January 5, 2012
Agenda Item:
Consider and act upon the expenditure of Park Improvement Funds for the purchase and
installation of a pavilion at Frontier Park.
Description of Agenda Item:
Town staff has solicited quotes from multiple manufacturers of pavilion structures for the
construction of a pavilion at Frontier Park. The goal is to have the pavilion constructed prior to
breaking ground on the Windmill Playground project. One of the quotes is pending due to
recent revisions to the structure. Town staff will present the item with the all the three quotes at
the January 24th Town Council meeting.
Legal Obligations and Review:
Legal review of this item is not required.
Attached Documents:
• Staff design and sketch
Town Staff Recommendation:
Town staff recommends the Town Council table the item.
PARKS &
RECREATION
Prosper is a place where everyone matters.
6x10 Douglas Fir
Square Tube Steel
Rattlesnake
Limestone in an
Ashlar Pattern
78’
(2) 4x10 Douglas Fir
6x8 Douglas Fir
Standing Seam
FRONTIER PARK PAVILION STRUCTURE
Prosper, TX
78’
FRONTIER PARK PAVILION STRUCTURE
Prosper, TX
4’ 7 5/8”
10’ Eave Ht.
24” Seat Wall
w/ brick cap
30” Column
w/ cut cap
14’
Even spacing
on centers.
12
6
2’ 3/4”
14’ 8 1/4”
1’ 7 5/8”
2’ 8 3/8”
4’ 7 5/8”
24’
5’ 11 1/16”