04.10.2012 Town Council PacketPage 1 of 2
]
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. Presentation of Certificate of Appreciation and Service Ribbon to Officer Scott Lacagnin for 10 years
of dedicated service to the Town of Prosper Police Department. (GM)
5. Presentation and update regarding Frontier Park and Windmill Playground. (HW)
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council
is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
6. MINUTES, RESOLUTIONS AND OTHER ITEMS
6a. Consider and act upon minutes from the following Council meeting(s) (AP)
March 13, 2012 – Regular Town Council Meeting
March 27, 2012 – Town Council Work Session
March 27, 2012 – Regular Town Council Meeting
6b. Consider and act upon 1) Amendment No. 1 to the Covenants, Conditions, and Restrictions
between Denton County Fresh Water Supply District No. 10, Huffines Communities, Inc.,
Binary Investments, Inc., Sealed Bid DFW, L.P, Inwood Plaza Joint Venture, and the Town of
Prosper; and 2) Resolution No. 12-24, authorizing the Town Manager to execute the same.
(HW)
6c. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the
Planning & Zoning Commission on any site plan or preliminary site plan. (CC)
7. CITIZEN’S COMMENT
(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
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, April 10, 2012
Meeting begins at 6:00 p.m.
Page 2 of 2
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
8. Discussion regarding Capital Improvement Projects and Financing Options. (HW)
9. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act to deliberate regarding;
9a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
south of Prosper Trail, east of the BNSF railroad, west of Custer, and north of Highway 380.
9b. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
11. 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 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) 569-1013. BRAILLE IS NOT AVAILABLE.
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Page 1 of 4
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Prosper is a place where everyone matters.
1. Call to Order / Roll Call – Mayor Pro Tem Dugger called the meeting to order at 6 p.m.
Council present included:, 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: Mayor Ray Smith
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon
Webb, Director of Development Services; Chris Copple, Planning Director; Wade Harden,
Parks & Recreation Manager; Matthew Garrett, Finance Director.
2. Pastor John Fowler with First United Methodist Church gave the Invocation. 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 Windmill Playground build begins May 14th and will continue through the
grand opening which is May 20th. Mr. Land announced the CPAC Meeting is set for Monday,
March 19, 2012 at 6:30 p.m. in the Municipal Chambers.
4. Mayor Pro Tem Dugger read a proclamation recognizing the week of March 18-24, 2012, as
Poison Prevention Week.
5. Mayor Pro Tem Dugger read a proclamation recognizing March 11-17, 2012, as Sunshine
Week.
6. 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.)
Council Member Dixon pulled Items 6B and 6C off the Consent Agenda.
MINUTES, RESOLUTIONS AND OTHER ITEMS
6a. Consider and act upon minutes from the following Council meeting(s) (AP)
February 28, 2012 – Regular Town Council Meeting
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, March 13, 2012
Meeting begins at 6:00 p.m.
Page 2 of 4
6d. Consider and act upon Resolution No. 12-15, entering into a mutual release
agreement with Berkley Regional Insurance Company and the Town of Prosper.
(ML)
6e. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on
any site plan or preliminary site plan. (CC)
Deputy Mayor Pro Tem Miller made a motion to approve Consent Items 6a, 6d, 6e, as
presented. Motion seconded by Council Member Vogelsang. Motion approved by vote of 6-0.
6b. Consider and act upon Resolution No. 12-19, awarding the Prosper Parks &
Right-of-Way Maintenance bid.
Senior Parks Planner Wade Harden briefed Council regarding this item. Mr. Harden explained
that the Town advertised the Parks Right of Way Maintenance Bid to locate a company to
contract mowing services of all Park properties. He noted that three companies were compared
using the “Best Value” criteria as established by the Texas Local Government Code. Mr.
Harden explained that V&A Lawn Care scored the highest.
Deputy Mayor Pro Tem Dugger made a motion to approve Item 6b, as presented. Motion
seconded by Council Member Wilson. Motion approved by vote of 6-0.
6c. Consider and act upon a proposal from Toby Flanagan to operate a North Texas
Baseball tournament in Frontier Park. (WH)
Senior Parks Planner Wade Harden briefed Council regarding this item. Mr. Harden explained
that staff met with Toby Flanagan of the North Texas Baseball League to discuss a Memorial
Day weekend tournament at Frontier Park May 26th and May 27, 2012. Mr. Harden stated that
the tournament would not interfere with the Prosper Youth Sports Association Baseball League
and that NTXBB will provide insurance for the tournament.
Council discussed the contract agreement, non refundable fees, and makeup game options.
Council Member Dixon made a motion to approve the North Texas Baseball tournament
Memorial Day weekend at a fee of $1,000 a day for the use of Frontier Park baseball fields,
softball fields, and the use of the restroom and concession structure with the stipulation that
rainout options are added to the contract along with a non refundable deposit. Motion seconded
by Council Member Vogelsang. Motion approved by vote of 6-0.
Page 3 of 4
7. 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 was no one present that wished to speak.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill
out a “Speaker Request Form” and present it to the Town Secretary prior to the meeting.
Citizens wishing to address the Council for items listed as public hearings will be recognized
by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized
on a case-by-case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS
8. Second Public Hearing to provide a forum for public testimony and evidence regarding the
proposed execution of three (3) separate strategic partnership agreements (the “Agreements”)
between the Town of Prosper and Denton County Freshwater Supply District #10, to authorize,
among other things, the limited purpose annexation of certain property within Denton County
Freshwater Supply District # 10 by the Town of Prosper pursuant to the provisions of Section
43.0751, Texas Local Government Code, as amended. Town Manager Mike Land briefed
Council regarding the agreements noting that Town of Prosper entered into agreement with 166
Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction. In this
agreement the Town enters into Strategic Partnership Agreements with Denton County Fresh
Water District No. 10. These SPA agreements address the collection of sales tax and its
distribution in commercial areas located within the District. Mr. Land noted that this is the
second of two required public hearings, and three resolutions and three ordinances would be
brought forward at the next Council Meeting.
Deputy Mayor Pro Tem Miller made a motion to open the Public Hearing. Motion seconded
by Council Member Dixon. Motion approved by vote of 6-0.
There were no citizens present that wished to speak regarding this item.
Deputy Mayor Pro Tem Miller made a motion to close the Public Hearing. Motion seconded
by Council Member Benefield. Motion approved by vote of 6-0.
DEPARTMENT RELATED ITEMS
Council Member Dixon recused himself from Agenda Item No. 9 due to a conflict of interest.
9. Consider and act upon Resolution No. 12-12, awarding the benefit consulting services contract
to IPS Advisors, Inc. and authorizing the Town Manager to execute the same. Town Manager
Mike Land briefed Council regarding this item. Mr. Land explained that the Town published a
request for sealed competitive proposal for health benefit consulting services. He explained the
evaluation process which was based on cost, municipal experience, client base with smaller
Page 4 of 4
municipalities and level of service. Mr. Land noted that Gallagher and IPS were the two
companies being considered. He explained that staff recommends IPS based on the minimal
cost difference between Gallagher and IPS; our ongoing strategy implementation with IPS;
their experience working with smaller cities, excellent service over the past three years, and the
fact no additional administrative costs would be incurred for a vendor change.
After discussion, Council Member Deputy Mayor Pro Tem Miller made a motion to approve
Resolution No. 12-12, as presented. Motion seconded by Council Member Benefield. Motion
approved by vote of 5-0.
10. EXECUTIVE SESSION- Deputy Mayor Pro Tem Miller made a motion to adjourn into
Executive Session at 7:13 p.m. Motion seconded by Council Member Wilson. Motion
approved by vote of 6-0.
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government
Code, to wit;
10a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property
located south of Prosper Trail, east of the BNSF railroad, west of Custer, and north of
Highway 380.
10b. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Deputy Mayor Pro Tem Miller made a motion to reconvene into Regular Session at 7:57 p.m.
Motion seconded by Council Member Dixon. Motion approved by vote of 6-0. No action was
taken as a result of Executive Session.
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Town
Manager Mike Land announced that staff will be providing an update regarding Hayes Road.
12. Adjourn – Deputy Mayor Pro Tem Miller made a motion to adjourn. Motion seconded by
Council Member Vogelsang. Motion approved by vote of 6-0.
The meeting adjourned at 7:59 p.m.
APPROVED:
___________________________________
Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
1. 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.
2. Discussion regarding Police Department 2012-2013 Strategic Plan. Police Chief Kirk McFarlin
briefed Council regarding the Strategic Plan process explaining the goals, background, and
definitions. Chief McFarlin showed the Police Department’s Service Model and presented
Council with a Public Safety Questionnaire.
3. Discussion regarding Capital Improvement Projects and related Debt Financing options. Due
to time restraints, this item was not discussed in Work Session.
4. Discussion regarding the Town of Prosper and Prosper EDC Investment Policy. This item was
not discussed in Work Session.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
Minutes
Prosper Town Council
Work Session
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, March 27, 2012 at 5:00 p.m.
Page 1 of 4
]
1. Call to Order / Roll Call – Mayor Ray Smith called the meeting to order at 6 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; Ronnie Tucker, Fire Chief; Kirk McFarlin, Police Chief; Gary
McHone, Assistant Police Chief; Chris Copple, Planning Director; Wade Harden, Parks & Recreation
Manager; Matthew Garrett, Finance Director; Lori Heikkinen, Accounting Manager; Ron Butler,
Comptroller; Trish Eller, Code Compliance Officer
2. Pastor Chris Schoolcraft gave the Invocation. The Pledge of Allegiance, and Pledge to the Texas
Flag were given.
3. Announcements of dates and times of upcoming community events. The Town Manager Mike Land
announced that the Windmill Playground build will begin on May 14, 2012 and continue through
May 20, 2012. Mr. Land reminded everyone that Seniors are invited to come and have coffee with
the Mayor on Thursday, April 5, 2012, 9 a.m. to 10 p.m. at Municipal Chambers located at 108 W.
Broadway.
4. Mayor Smith presented Finance Director Matthew Garrett with the GFOA Certificate of
Achievement for Excellence in Financial Reporting recognizing the Town of Prosper, Texas for its
Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2010.
5. A Power Point presentation by Julie Stallcup was given regarding Health Inspection Services for the
Town of Prosper.
6. 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.)
Mayor Smith pulled Consent Item (6a) off the agenda.
MINUTES, RESOLUTIONS AND OTHER ITEMS
6a. Consider and act upon minutes from the following Council meeting(s) (AP)
February 28, 2012 – Regular Town Council Meeting
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, March 27, 2012
Work Session 5:00 p.m.
Council Meeting at 6:00 p.m.
Page 2 of 4
6b. Consider and act upon the February 2012 Monthly Financial Statements. (MG)
6c. Consider and act upon Resolution No. 12-20, reviewing, updating and adopting the
Town of Prosper and Prosper EDC Investment Policy and Investment Strategy. (MG)
6d. Consider and act upon a name for the loop street in Frontier Park. (WH)
6e. Consider and act upon Resolution No. 12-23, amending the Professional Service
contract with Brown Reynolds Watford Architects, Inc. (WH)
6f. Consider and act upon Ordinance No. 12-11, cancelling the May 12, 2012 General
Election. (AP)
6g. Consider and act upon approving the replacement of two vehicles for the Fire
Department. (RT)
Council Member Vogelsang made a motion to approve Consent Items 6b. thru 6g., as presented.
Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 7-0.
7. 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 – Chris Blair who resides at 841 Sibyl Lane asked Council to consider
adding sidewalks along Prosper Trail to make it safer for pedestrians.
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
8. Discussion regarding Capital Improvement Projects and Financing Options. Development Director
Hulon Webb briefed Council regarding this item. Mr. Webb explained that five bond propositions
were approved to fund capital improvement projects through the use of General Obligation Bonds.
Mr. Webb briefed Council regarding the list of road projects, park projects, drainage projects, water
projects, and sewer projects. Council discussed asked staff to bring the CIP project lists forward to
allow Council the opportunity to prioritize the projects before funding begins. Council Member
Dixon discussed drainage concerns at the south side of Highland Meadows Subdivision. Mayor Pro
Tem Dugger asked staff to provide him with a list of any neighborhoods that have experienced
drainage issues within the Town.
Page 3 of 4
9. Consider and act upon Resolution No. 12-22, accepting the Independent Audit Report and
Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2011, as presented
by Lori Herrick with Davis Kinard & Co, PC, Certified Public Accountants. Finance Director
Matthew Garrett briefed Council regarding this item. Mr. Garrett explained that per the Town
Charter, and Local Government Code, requires the Town is required to conduct an independent audit
annually. Mr. Garrett introduced Lori Herrick, who presented a power point of the audit results
noting the town has no significant findings from the audit. Ms. Herrick did recommend several
operational suggestions that staff will implement within the next year.
Mayor Pro Tem Dugger made a motion to approve Resolution No. 12-22, accepting the Independent
Audit Report and Comprehensive Annual Financial Report for the Fiscal Year Ended September 30,
2011. Motion seconded by Council Member Vogelsang. Motion approved by 7-0.
10. Consider and act upon Resolution No. 12-16, authorizing an agreement with the Town of Prosper and
Denton County Freshwater District for the Strategic Partnership on Tract No. 1. Town Manager
Mike Land briefed Council regarding this item. Mr. Land noted that the Town entered into an
agreement with 166 Bryan Road Partners, LP for the Reduction of the Town’s Extraterritorial
Jurisdiction west of FM 1385.
Mayor Pro Tem Dugger made a motion to approve Resolution No. 12-16, authorizing an agreement
with the Town of Prosper and Denton County Freshwater District for the Strategic Partnership on
Tract No. 1. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
11. Consider and act upon Resolution No. 12-17, authorizing an agreement with the Town of Prosper and
Denton County Freshwater District for the Strategic Partnership on Tract No. 2. Town Manager
Mike Land briefed Council regarding this item.
Council Member Dixon made a motion to approve Resolution No. 12-17, authorizing the Town
Manager to sign a Strategic Partnership Agreement for Tract 2 between Town of Prosper and Denton
County Freshwater District No. 10. Motion seconded by Mayor Pro Tem Dugger. Motion approved
by vote of 7-0.
12. Consider and act upon Resolution No. 12-18, authorizing an agreement with the Town of Prosper and
Denton County Freshwater District for the Strategic Partnership on Tract No. 3. Town Manager
Mike Land was present to answer any questions.
Council Member Benefield made a motion to approve Resolution No. 12-18, authorizing an
agreement with the Town of Prosper and Denton County Freshwater District for the Strategic
Partnership on Tract No. 3. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote
of 7-0.
13. Consider and act upon Ordinance No. 12-08, authorizing the limited purpose annexation of Tract
No.1 within Denton County Freshwater Supply District #10 by the Town of Prosper. Town Manager
Mike Land was present to answer any questions.
Council member Vogelsang made a motion to approve Ordinance No. 12-08, authorizing the limited
purpose annexation of Tract No.1 within Denton County Freshwater Supply District #10 by the Town
of Prosper. Motion seconded by Council Member Wilson. Motion approved by vote of 7-0.
Page 4 of 4
14. Consider and act upon Ordinance No. 12-09, authorizing the limited purpose annexation of
Tract No. 2 within Denton County Freshwater Supply District #10 by the Town of Prosper. Town
Manager Mike Land was present to answer any questions.
Council Member Benefield made a motion to approve Ordinance No. 12-09, authorizing the limited
purpose annexation of Tract No. 2 within Denton County Freshwater Supply District #10 by the
Town of Prosper. Motion seconded by Council Member Vogelsang.
Motion approved by vote of 7-0.
15. Consider and act upon Ordinance No. 12-10, authorizing the limited purpose annexation of Tract
No. 3 within Denton County Freshwater Supply District #10 by the Town of Prosper. Town Manager
Mike Land was present to answer any questions.
Council Member Dixon made a motion to approve Ordinance No. 12-10, authorizing the limited
purpose annexation of Tract No. 3 within Denton County Freshwater Supply District #10 by the
Town of Prosper. Motion seconded by Council Member Benefield. Motion approved by vote of 7-0.
16. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council asked
staff to present an update regarding Frontier Park and the Windmill Playground.
17. Adjourn – Mayor Pro Tem Dugger made a motion to adjourn at 8:10 p.m. Motion seconded by
Council Member Vogelsang. Motion approved by vote of 7-0.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
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
Re: Town Council Meeting – April 10, 2012
Date: April 4, 2012
Agenda Item:
Consider and act upon 1) Amendment No. 1 to the Covenants, Conditions, and Restrictions
between Denton County Fresh Water Supply District No. 10, Huffines Communities, Inc., Binary
Investments, Inc., Sealed Bid DFW, L.P, Inwood Plaza Joint Venture, and the Town of Prosper;
and 2) Resolution No. 12-24, authorizing the Town Manager to execute the same.
Description of Agenda Item:
On July 17, 2003, the Town of Prosper executed the Covenants, Conditions, and Restrictions
(CCRs) for the Artesia development which included language pertaining to dedication of 32.918
acres of open space. This 300’ wide open space is located within the floodplain area and will be
used for drainage purposes, including grading and the construction of detention and retention
facilities. The open space area can also be used for recreational purposes, such as parks,
playgrounds, hike and bike trails, and athletic fields, so long as the recreational uses do not
interfere with its use for drainage purposes.
At the time of execution of the CCRs, the entire 300’ open space area was located within the
floodplain as depicted on Federal Emergency Management Agency’s Flood Insurance Rate
Map #48121C0430 E, dated April 2, 1997. Since that time, the Flood Insurance Rate Maps
have been updated and the current map #42121C0430 G, dated April 18, 2011, depicts 0.256
acres of the open space area now outside the floodplain area. The attached amendment to the
CCRs is for the release of the 0.256 acres from the open space area so that it can be
incorporated into the back of proposed residential lots. Since the release of this area has
minimal impact to the recreation uses within the open space area, Town staff is in support of the
amendment.
Budget Impact:
Not applicable.
Legal Obligations and Review:
Not applicable.
ENGINEERING
Prosper is a place where everyone matters.
Page 2 of 2
Attached Documents:
The following documentation is being provided for review:
1. Resolution No. 12-24
2. Covenants, Conditions, and Restrictions
3. Amendment No. 1 to the Covenants, Conditions, and Restrictions
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) Amendment No. 1 to the Covenants,
Conditions, and Restrictions between Denton County Fresh Water Supply District No. 10,
Huffines Communities, Inc., Binary Investments, Inc., Sealed Bid DFW, L.P, Inwood Plaza Joint
Venture, and the Town of Prosper; and 2) Resolution No. 12-24, authorizing the Town Manager
to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-24
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 AMENDMENT
NO. 1 TO THE COVENANTS, CONDITIONS, AND RESTRICTIONS
BETWEEN DENTON COUNTY FRESH WATER SUPPLY DISTRICT
NO. 10, HUFFINES COMMUNITIES, INC., BINARY INVESTMENTS,
INC., SEALED BID DFW, L.P, INWOOD PLAZA JOINT VENTURE, 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,
Amendment No. 1 to the Covenants, Conditions, and Restrictions between Denton
County Fresh Water Supply District No. 10, Huffines Communities, Inc., Binary
Investments, Inc., Sealed Bid DFW, L.P, Inwood Plaza Joint Venture, and the Town of
Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 10th of April, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
RELEASE OF OPEN SPACE (ARTESIA) Page 1
605897
“NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR
ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS’
LICENSE NUMBER.”
AMENDMENT NO. 1
TO THE
COVENANTS, CONDITIONS, AND RESTRICTIONS
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AMENDMENT NO. 1 (the “AMENDMENT”) to that certain COVENANTS,
CONDITIONS, AND RESTRICTIONS (the “CCRs”) is made and entered into by and
between DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 10, HUFFINES
COMMUNITIES, INC., BINARY INVESTMENTS, INC., SEALED BID DFW, L.P., and
INWOOD PLAZA JOINT VENTURE and the TOWN OF PROSPER, TEXAS, a Texas
Home-Rule Municipal Corporation ("Town").
RECITALS:
WHEREAS, Denton County Fresh Water Supply District No. 10, Huffines
Communities, Inc., Binary Investments, Inc., Sealed Bid DFW, L.P., and Inwood
Plaza Joint Venture, entered into an agreement and designated 32.918 acres of land
as Open Space to the Town by instrument recorded on August 18, 2003, under
Clerk’s File No. 2003-R0135161 (Volume 5398, Page 3401), Real Property Records
of Denton County, Texas (“Open Space”). The Open Space is incorporated herein by
reference as if fully set forth herein. Exhibit A is attached hereto and made a part
thereof for ease of understanding; and
WHEREAS, the intent of the Open Space was to be used for “drainage purposes
(including grading and the construction of detention and retention facilities as well as
other drainage improvements) as necessary for development” and to be used for
“recreational purposes, such as parks, playgrounds, and athletic fields”; and
WHEREAS, at the time, the Open Space was located within a floodplain area
according to the Federal Emergency Management Agency’s Flood Insurance Rate Map
48121C0430 E, dated April 2, 1997; and
WHEREAS, now, the Open Space is designated in an area located outside a
floodplain area according to the Federal Emergency Management Agency’s Flood
Insurance Rate Map 48121C0430 G, dated April 18, 2011; and
RELEASE OF OPEN SPACE (ARTESIA) Page 2
605897
WHEREAS, the Town has investigated and determined that there no longer
exists a public necessity for approximately 0.256 acres of Open Space as a result of
development of the subject area; and
NOW, THEREFORE, for and in consideration of the premises, the above recitals
and the covenants herein contained, the receipt and sufficiency of which are hereby
acknowledged, the Town agrees to release and does hereby release the Open Space
described and depicted on Exhibit B (the “Open Space Release”).
IN WITNESS WHEREOF, the Town has executed this Release as of, but not
necessarily on, the day and year first above written.
TOWN OF PROSPER, TEXAS,
a Texas Home-Rule Municipal Corporation
By: _____________________________
MIKE LAND
Town Manager
P.O. Box 307
Prosper, TX 75078
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me this _____ day of ____________,
2012, by MIKE LAND, Town Manager of the TOWN OF PROSPER, TEXAS, a Texas
Home-Rule Municipal Corporation, for and on behalf of said municipal corporation.
________________________________
Notary Public, State of Texas
AFTER RECORDING, PLEASE RETURN TO:
Town of Prosper
Attn: Town Secretary
121 W. Broadway Street
P.O. Box 307
Prosper, TX 75078
RELEASE OF OPEN SPACE (ARTESIA) Page 3
605897
DENTON COUNTY FRESH WATER SUPPLY
DISTRICT NO. 10
By: ________________________________
Name:
Title: President
Address: 3100 McKinnon Street, Suite 950
Dallas, Texas 75201
E-Mail: ccrawford@crawlaw.net
Date: ______________
THE STATE OF TEXAS §
COUNTY OF ____________ §
BEFORE ME, the undersigned authority, on this day personally appeared
_____________________________________, President, Denton County Fresh Water
Supply District No. 10, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed, in the capacity therein stated and as
the act and deed of said District.
GIVEN under my hand and seal of office this _____ day of ______________,
2012.
_____________________________________
Notary Public in and for the State of Texas
RELEASE OF OPEN SPACE (ARTESIA) Page 4
605897
Huffines Communities, Inc.
By: ______________________________
Name: Phillip W. Huffines
Title: Vice President
Address: 8200 Douglas Avenue, Suite 300
Dallas, Texas 75225
E-Mail: phuffines@huffinescommunities.com
Date: ______________
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared
PHILLIP W. HUFFINES, Vice President, Huffines Communities, Inc., known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration therein expressed,
in the capacity therein stated and as the act and deed of said corporation.
GIVEN under my hand and seal of office this _____ day of ___________, 2012.
_____________________________________
Notary Public in and for the State of Texas
RELEASE OF OPEN SPACE (ARTESIA) Page 5
605897
Binary Investments, Inc.
By: ______________________________
Name: Phillip W. Huffines
Title: President
Address: 8200 Douglas Avenue, Suite 300
Dallas, Texas 75225
E-Mail: phuffines@huffinescommunities.com
Date: ______________
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared
PHILLIP W. HUFFINES, President, Binary Investments, Inc., known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed, in
the capacity therein stated and as the act and deed of said corporation.
GIVEN under my hand and seal of office this _____ day of ___________, 2012.
_____________________________________
Notary Public in and for the State of Texas
RELEASE OF OPEN SPACE (ARTESIA) Page 6
605897
SEALED BID DFW, L.P.,
a Texas limited partnership
By: HC Operating, L.P., its general partner
By: HC Operating, GP, LLC, its general partner
By: ______________________________
Name: Phillip W. Huffines
Title: Managing Director
Address: 8200 Douglas Avenue, Suite 300
Dallas, Texas 75225
E-Mail: phuffines@huffinescommunities.com
Date: ______________
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared
PHILLIP W. HUFFINES, Managing Director of HC Operating GP, LLC, general partner
of HC Operating, L.P., general partner of Sealed Bid DFW, L.P., a Texas limited
partnership, acknowledged to me that he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated and as the act and deed
of said limited partnership.
GIVEN under my hand and seal of office this _____ day of ___________, 2012.
_____________________________________
Notary Public in and for the State of Texas
RELEASE OF OPEN SPACE (ARTESIA) Page 7
605897
Inwood Plaza Joint Venture
By: ______________________________
Name: Jay B. Jones
Title: Joint Venture Partner
Address: 2000 North Central Expressway
Suite 200
Plano, Texas 75074
E-Mail: jay@americanequity.net
Date: ______________
THE STATE OF TEXAS §
COUNTY OF __________ §
BEFORE ME, the undersigned authority, on this day personally appeared JAY
B. JONES, Joint Venture Partner, Inwood Plaza Joint Venture, acknowledged to me
that he executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said joint venture
GIVEN under my hand and seal of office this _____ day of ___________, 2012.
_____________________________________
Notary Public in and for the State of Texas
Sheet 1 of 3
February 288, 2012
F:\LEGALS\2011\11033\0.256Ac Open Space Release.doc
EXHIBIT “B”
OPEN SPACE RELEASE
0.256 ACRES
BEING a tract of land situated in the LOUISA NETHERLY SURVEY, ABSTRACT
NO. 962, in Denton County, Texas, said tract being a portion of a called 35.335 acre tract
of land described as Tract One in a deed to Lennar Homes of Texas Land and
Construction, Ltd., recorded as Document No. 2011-64759, Real Property Records,
Denton County, Texas, and being more particularly described as follows:
BEGINNING at a point on the east line of a called 220.600 acre tract of land described
in a deed to Suncrest Properties, L.P., recorded as Document No. 2004-800, of said Real
Property Records, said point being the northeast corner of a 32.918 acre tract of land
described as “Open Space” in Exhibit F of the Covenants, Conditions, and Restrictions,
recorded in Volume 5398, Page 3401 of said Real Property Records, said point also being
the beginning of a curve to the right;
THENCE along the north line of said 32.918 acre tract, the following courses and
distances:
Westerly, along said curve to the right which has a chord that bears South 87
degrees 20 minutes 12 seconds West for 703.82 feet, a central angle of 12 degrees
50 minutes 27 seconds and a radius of 3147.03 feet, for an arc distance of 705.30
feet to a point for the beginning of a reverse curve to the left;
Westerly, along said reverse curve to the left which has a chord that bears
North 89 degrees 03 minutes 46 seconds West for 718.68 feet, a central angle of
05 degrees 38 minutes 22 seconds and a radius of 7304.45 feet, for an arc distance
of 718.97 feet to a point on the south line of said 35.335 acre tract for the POINT
OF BEGINNING;
THENCE along the south line of said 35.335 acre tract, the following courses and
distances:
South 84 degrees 57 minutes 07 seconds West, a distance of 405.82 feet to a 5/8-
inch iron rod with cap marked “PETITT-RPLS 4087” found for corner;
South 87 degrees 03 minutes 23 seconds West, a distance of 55.71 feet to a 5/8-
inch iron rod with cap marked “PETITT-RPLS 4087” found for corner;
North 89 degrees 57 minutes 34 seconds West, a distance of 55.89 feet to a 5/8-
inch iron rod with cap marked “PETITT-RPLS 4087” found for corner;
North 87 degrees 08 minutes 18 seconds West, a distance of 55.86 feet to a 5/8-
inch iron rod with cap marked “PETITT-RPLS 4087” found for corner;
Sheet 2 of 3
February 288, 2012
F:\LEGALS\2011\11033\0.256Ac Open Space Release.doc
North 84 degrees 19 minutes 06 seconds West, a distance of 55.85 feet to a 5/8-
inch iron rod with cap marked “PETITT-RPLS 4087” found for corner;
North 81 degrees 40 minutes 24 seconds West, a distance of 49.20 feet to a 5/8-
inch iron rod with cap marked “PETITT-RPLS 4087” found for corner;
North 78 degrees 47 minutes 06 seconds West, a distance of 54.21 feet to a 5/8-
inch iron rod with cap marked “PETITT-RPLS 4087” found for corner;
North 70 degrees 36 minutes 02 seconds West, a distance of 23.21 feet to a point
intersecting the south line of said 35.335 acre tract and the north line of said Open
Space;
THENCE over and across said 35.335 acre tract and along the north line of said Open
Space, the following courses and distances:
South 88 degrees 38 minutes 31 seconds East, a distance of 387.01 feet to a point
for the beginning of a tangent curve to the left;
Easterly, along said tangent curve to the left which has a chord that bears
North 88 degrees 49 minutes 42 seconds East for 132.42 feet, a central angle of
05 degrees 03 minutes 34 seconds and a radius of 1500.00 feet, for an arc distance
of 132.46 feet to a point for the beginning of a reverse curve to the right;
Easterly, along said reverse curve to the right which has a chord that bears
North 87 degrees 12 minutes 29 seconds East for 231.89 feet, a central angle of
01 degree 49 minutes 08 seconds and a radius of 7304.45 feet, for an arc distance
of 231.90 feet to the POINT OF BEGINNING and containing 11,165 square
feet, or 0.256 acres of land, more or less.
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 – April 10, 2012
Date: April 3, 2012
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the
Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7)
and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan.
Description of Agenda Item:
Attached are the site plans and/or preliminary site plans acted on by the Planning & Zoning
Commission at their April 3, 2012 meeting. Per the Town’s Zoning Ordinance, the Town Council
has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to
the Development Services Department for any site plan or preliminary site plan acted on by the
Planning & Zoning Commission.
Attached Documents:
1. Site plan for Prosper ISD Bus Parking Lot Addition, on 73.8± acres, located on the
southeast corner of Coleman Street and Eagle Lane, approved by a vote of 6-0.
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Page 1 of 8
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Matthew B. Garrett, MBA, GFCO, Finance Director
Frank E. Jaromin, P.E., Director of Public Works
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – April 10, 2012
Date: April 4, 2012
Agenda Item:
Discussion regarding Capital Improvement Project and related Debt Financing Options.
Description of Agenda Item:
On May 14, 2011, the residents of Prosper voted in favor of five (5) bond propositions totaling
$25,040,000 to fund capital improvements projects through the use of General Obligation
Bonds. One of the bond propositions allocated $13,290,000 for street and road improvements
that included the following Bond Committee recommended Road Projects:
• Coleman (Prosper Trail to High School)
• Prosper Trail (Preston to Custer)
• Frontier Parkway (DNT to Preston)
• Coit Road (First Street to Frontier)
• Coleman (Broadway to Prosper Trail)
• Rhea Mills Subdivision
• Hays, Main Street
• Broadway, McKinley, First, Fifth, Seventh
• Church Street, Field, Pasewark, Eighth
• First Street (Greenspoint to Custer)
• First Street (DNT to Coleman)
• Fishtrap (FM 1385 to DNT)
• Gee Road (US 380 to Fishtrap)
• Teel Parkway (US 380 to Fishtrap)
• Parvin (Good Hope to FM 1385)
Another bond proposition allocated $6,200,000 for parks, trails, recreational facilities and a park
administration facility that included the following Bond Committee recommended Park Projects:
• Creek Crossing Community Park
• Hike and Bike Trails
• Recreation Facilities
• Park Administration Building
ENGINEERING
Prosper is a place where everyone matters.
Page 2 of 8
Town staff has put together the following recommendations for Road and Park Projects for the
Town Council to consider for potential funding through the sale of General Obligations Bonds.
ROAD PROJECTS: The Road Projects listed in the table below are recommended by Town
Staff for the Town Council to consider in the first Road Projects bond sale. These projects
include the projects recommended by the Bond Committee. Also included in the list is an
alternate cost estimate to improve Prosper Trail from Wilson Creek to Custer Road with
concrete versus the Bond Committee recommended asphalt.
Roadway From To Length Material Est. Cost
Prosper Trail Coit Road Custer Road 10,700 Asphalt $675,000
Prosper Trail Preston Road Coit Road 5,480 Asphalt $325,000
Hays Road Ridgewood Preston Road 3,000 Concrete $500,000
Coleman Prosper Trail High School 2,800 Concrete $1,500,000
Rhea Mills Finish Project 7,100 Concrete $1,200,000
Coit Road First Street Frontier Pkwy 10,600 Asphalt $675,000
Coleman Broadway Prosper Trail 4,400 Asphalt $375,000
Fishtrap FM 1385 DNT 20,000 Asphalt $1,250,000
ALTERNATE CONSTRUCTION OF PROSPER TRAIL
Prosper Trail Coit Road Custer Road 10,700 Asphalt ($675,000)
Prosper Trail Coit Road Wilson Creek 6,600 Asphalt $400,000
Prosper Trail Wilson Creek Custer Road 4,100 Concrete $2,000,000
ADDITIONAL FOR ALTERNATE $1,725,000
Town staff recommends that Prosper Trail be improved with asphalt from Wilson Creek to
Custer Road at this time as recommended by the Bond Committee. In addition, there is not
adequate time for this section of Prosper Trail to be designed and the construction completed
before the opening of Cynthia Cockrell Elementary this fall.
PARK PROJECTS: Of the $6,200,000 allocated for parks, trails, recreational facilities and a
park administration facility, the Bond Committee recommended $5,000,000 for park land
acquisition. The Park Project listed below is for park land acquisition of a single community
park.
Project Name Description Est. Cost
Creek Crossing Community Park Land Acquisition (71.6 +/- acres @ 54K/acre): $3,866,400
Waterline Community Park Land Acquisition (45 +/- acres @ $55K/acre): $2,475,000
The following funds are currently available for park land acquisition:
• Park Land Dedication Fee Fund $1,128,363
• Collin County Parks and Open Space Grant $400,000
Page 3 of 8
DRAINAGE PROJECTS: On December 14, 2010, the Town council adopted a Municipal
Drainage Utility System Fee Schedule to fund the operations and maintenance of existing Town
drainage facilities. With the continued growth of the Town, the additional drainage utility system
fee funds being collected are able to reimburse annual debt payments that could fund the
following capital improvements listed in the Council approved Drainage Utility System Fee
Report.
Project Name Description Est. Cost
Lakes of La Cima Detention Pond Outfall Reconstruction $250,000
Teel Road Culvert Upgrade $30,000
Parvin Street Downtown Drainage Study $75,000
Amberwood Farms Channel Improvements north of Norniella property $100,000
Gentle Creek Channel Improvements north of Crooked Stick $25,000
Frontier Parkway Culvert Upgrade $25,000
Talon Drive Culvert Upgrade $25,000
TOTAL FUNDING OF DRAINAGE $530,000
WATER PROJECTS: On November 8, 2011, the Town Council adopted an ordinance updating
the Town’s land use assumptions, capital improvements plan, and roadway, water, and
wastewater impact fees. The capital improvements plan was developed to provide planning to
the Town for adequate water and wastewater service to support the existing and proposed
residential and commercial development. The impact fees adopted as part of the capital
improvement plan were based on the water and sewer projects required to meet growth
demands from 2011-2021. These projects are shown on the attached water and wastewater
capital improvement projects exhibits.
As part of the capital improvements plan, the Town’s water demands was calculated for the
Year 2011 and projected for the Year 2021 and at Buildout based on the anticipated growth.
The table below provides the results of these calculations as provided in the capital
improvements plan study.
Projected Water Demands
Year Average Day (mgd)
Calculated
Maximum Day (mgd)
Calculated
Peak Hour (mgd)
2011 2.50 (actual) 8.38 16.50
2021 6.79 19.63 38.53
Buildout 21.53 52.40 101.96
Also as part of the capital improvements plan, the Town’s ground storage and pumping capacity
was evaluated in coordination with the water demands and the following associated
improvements recommended based on design criteria set forth in the study:
• Design and construction of ground storage tanks to serve the Upper Pressure Plane
(UPP) east of the BNSF RR and the Lower Pressure Plan (LPP) west of the BNSF RR.
• Expansion of the existing Custer Road Pump Station to serve the UPP.
• Design and construction of a second water distribution line to facility the increased
pumping capacity at the Custer Road Pump Station.
• Design and construction of an additional elevated storage tank to serve the UPP.
• Design and construction of an additional Pump Station to serve the LPP.
• Design and construction of an elevated storage tank to serve the LPP.
Page 4 of 8
Project 1A – The following figure was provided in the capital improvements plan study and
summarizes the recommended ground storage capacity and associated improvements based
on the design criteria.
Recommended Ground Storage Capacity
The following figure was provided in the capital improvements plan study and shows the timing
for expansion of the existing Custer Road Pump Station to serve the UPP.
Recommended UPP Firm Pumping Capacity
Page 5 of 8
Freese and Nichols, Inc. developed criteria for sizing of storage and pumping capacity for the
Town. These criteria take into consideration many factors including operational flexibility, fire
protection, and energy efficiency. The design criteria recommended to size ground storage tank
capacity is to provide adequate storage volume to meet 8 hours of maximum day demand. The
design criteria recommended for pump station capacity is providing a firm pumping capacity to
meet 65% of the peak hour demand. The firm pumping capacity is defined as the total available
pumping capacity with the largest pump out of service to each pressure plane.
• Ground Storage: The Town currently has a 3 MG tank at the Custer Road Pump Station.
Based on the capital improvements plan study, the recommended capacity of ground
storage for the Year 2011 was 3 MG and increases to 6.5 MG by the year 2021. Based on
the growth since this study was adopted, the Town is below the recommended amount of
ground storage capacity. In order to maintain adequate ground storage capacity an
additional 5 MG tank is recommended. Since there exists a deficiency with the
recommended ground storage tank capacity and the Town is currently undertaking an ISO
Rating analysis, Town staff recommends that this additional tank be constructed as soon as
the design plans are complete. This additional tank will provide enough ground storage
capacity until the Year 2024 when another 5 MG tank will need to be constructed. The final
5 MG tank is anticipated to be required in the Year 2034.
• Pumping Capacity: As depicted on the Recommended UPP Firm Pumping Capacity figure,
the Town is currently below the recommendation in the study. With the expansion of the
existing Custer Road Pump Station to 20 MGD, the pumping capacity is projected to be
adequate until the Year 2024. At that time the Custer Road Pump Station would need to be
expanded from 20 MGD pumping capacity to 30 MGD pumping capacity.
On December 13, 2011, the Town Council approved a design contract with Freese and Nichols
for the design of an additional 5 MG ground storage tank at the Custer Road Pump Station site
and increasing the pumping capacity at the site from 7.35 MGD to 20 MGD. Design is
underway and the anticipated project schedule is:
• Complete Design April 2012
• Bid Project May 2012
• Bid Award to Town Council June 2012
• Begin Construction July 2012
• Complete Construction July 2013
Project 1B – In order to facilitate the required pumping capacity at the Custer Road Pump
Station, an additional water line is needed to distribute the water from the pump station to the
Town’s water system. Currently there is only one water line from the pump station and it can
handle approximately 6 MGD of pumping capacity. The addition of another large distribution
water line from the pump station is recommended in the capital improvements plan study to
allow adequate distribution of the water from the pump station to the Town’s water system. The
second water line distribution line from the Custer Road Pump Station will also serve as a
secondary service line to the Town’s water system. If the existing water line from the pump
station to Coit Road were to break or need maintenance, the Town would be without water
service.
Page 6 of 8
On December 13, 2011, the Town Council approved a design contract with Freese and Nichols
for the design of an additional water line from the pump station to the Town’s water system.
The specifics for this water line is:
• Design of approximately 11,150 feet of 30-inch treated water pipeline extending from the
Town’s pump station northwest to the intersection of Prosper Trail and Coit Road.
• Design of approximately 4,300 feet of 24-inch treated water pipeline extending from the
intersection of Prosper Trail and Coit Road north to the existing 20-inch waterline
termination just south of Prosper Trail.
Since the majority of the proposed water line extending from the pump station will cross
property currently held by Landplan, Freese and Nichols will coordinate with Town staff and
Landplan on an alignment study. Design is underway and the anticipated project schedule is:
• Complete Alignment Study April 2012
• Complete Design September 2012
• Bid Project October 2012
• Bid Award to Town Council November 2012
• Begin Construction January 2013
• Complete Construction June 2013
Project 9 – The following figure was provided in the capital improvements plan study and shows
the timing for the additional elevated storage tank to serve the UPP. The design criteria
recommended for elevated storage capacity is twice the required volume needed to meet 35%
of the peak hour demand for a duration of 3 hours. The Prosper Trail Elevated Storage Tank is
anticipated to be required to be complete by the end of 2015. Funding is already allocated out
of the 2004 CO Bonds for the acquisition of the property necessary for the tank.
Recommended UPP Elevated Storage Capacity
Page 7 of 8
Project 10 – The following figure was provided in the capital improvements plan study and
shows the timing for construction of a pump station to serve the LPP.
Recommended LPP Firm Pumping Capacity
Project 19 – The following figure was provided in the capital improvements plan study and
shows the timing for the elevated storage tanks to serve the LPP.
Recommended LPP Elevated Storage Capacity
*Assume excess capacity in the Upper Pressure Plane can be used in the Lower Pressure Plane
Page 8 of 8
At this time the Town is in discussion with the Upper Trinity Regional Water District (UTRWD)
on a contract to provide water service to the west side of Town or Lower Pressure Plane (LPP)
west of the BNSF RR. The timing of the construction of a pump station, ground storage tanks
and elevated storage tanks to serve the LPP in the capital improvements plan study was based
on North Texas Municipal Water District (NTMWD) serving the LPP from the Custer Road Pump
Station site. The timing of the construction of a pump station, ground storage tanks and
elevated storage tanks to serve the LPP based on UTRWD serving the LPP is unknown.
The lists of Water Projects in the following table are the recommended projects in the capital
improvement plan study that are of immediate need as well as projects that are currently under
design. The additional water projects recommended will be closely monitored and brought back
to the Town Council in the future for funding at the appropriate time.
WATER PROJECTS
Project Name Description Est. Cost
Project 1A Pump Station Expansion 20 MGD $2,600,000
“ 5 MG Ground Storage Tank $3,000,000
Project 1B Second Water Line Feed $3,500,000
TOTAL FUNDING OF WATER $9,100,000
SEWER PROJECTS: In January 2007, the Town decommissioned the Town’s sewer
treatment plant at the Public Works Department facility and the actual deconstruction of the
plant is still needed to remove the infrastructure that is no longer required.
SEWER PROJECTS
Project Name Description Est. Cost
Sewer Treatment Plant Deconstruction of Plant at Public Works $800,000
Funding Options:
Town staff will be present to discuss debt financing options.
Attached Documents:
1. Water Capital Improvements Plan (2011-2021)
2. Wastewater Capital Improvements Plan (2011-2021)
Town Staff Recommendation:
Town staff recommends that the Town Council discuss the list of projects and debt financing
options and provide feedback to Town staff for future action.
Collin CountyCollin County((##UUTT(#UT[ÚUT!A!A!AProposed 2.5 MGCounty Line EST (2021)Overflow Elev.: 785 ftNTMWDDelivery Point2.0 MGPreston Rd. ESTOverflow Elev.: 926 ftProposed 2.0 MGProsper Trail EST (2015)Overflow Elev.: 926 ft(3(4(4(3(3(5(5(19(12(11(7(7(2(2(9(9(1B(1B(1B(LPP)(LPP)(LPP)(LPP)(LPP)(10(10(10(10(6(6(17(18(16(8(18(18(14(13(13(15(15(16(16(17(B(C(C(D(D(E(F(E(G(H(H(H12"20"30''20''16''12''12''12''12''20''30''12''20''20''16''16''30''20''12''16''30''12''30''12''20''30''16''20''30''30''20''20''16''16''30''16''30''30''20''16''20''20''20''20''20''20''42''16''3 0 ''20''24''12''24''20''20''20''16''24''42''24''30''30''16''12''16''42''20''20''16''16''20''16''24''20''12''20''20''42''20''12''20''20''20''20''16''24''12''42''16''16''42''16''30''20''24''16''24''16''20''20''16''20''30''24''42''30''12''20''16''16''16''24''20''42''16''16''16''12''12''12''12''12''12''12''12''12''12''12''1 2 ''12''12''12''12''12''12''12''12''12''12''12''12''12''12''1 2 ''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''12''8''6''8''8''8''8''8''8''8''8''8''8''8''8''8''8''8''
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N TEEL PKWYPRESTON HILLS CIRPR 5155GIBBS RDCR 854FALCON RDVIRGINIA PKWYCR 855M A GNOLIA BLVDPR 7 8 0 1 E BROADWAY STCR 852FIELDS RDCRUTCHFIELD DRCR 853BRINKMANN RANCH RDTWIN LAKES DRRED BUD DRHARPER RDPR 5156HERITAGE TRLBENBROOK BLVDPANTHER CREEK RDBEDFORD LNPR 5405DALLAS NORTH TOLLWAYHIGHPOINT DRVERONA DRVIRGINIA HILLS DRCROSSLAKE CTE SEVENTH STSEA PINES DROAK BEND TRLWHITE ROCK BLVDSHASTA DRJULIETTE DRPRESTONVIEW DRQUAIL HOLLOWWARREN DRNOLES RDTWIN MALLETS LNWENK CTPR 5436WATCH HILL LNBRADFORD DREQUESTRIAN WAYCOUNTRY VIEW DRPASEWARK CIRNEWPORT LNCOASTAL DRBROWNWOOD B L V D CR 860OLD DAIRY FARM RDCEDAR TRLPHANTOM LNLONG LEAF DRCARRIAGE LNSHARED DRIVEWAYDOVE CREEK C I R S REDWOOD CIRSTOCKPORT DRPIEDMONT PLYAK DRASCOT PLGARDENIA BLVDEVENING SUN DRLIVE OAK LNW RED OAK CIRFALCON CTDOOLITTLE DRDERICK LNCR 26W UNIVERSITY DRGOOD HOPE RDDALLAS PKWYCR 506''8''2''8''6''6''6''6''6''6''6 ''6''8''8''6''6''6''6''6''8''2''6 ''6''6''6''6''8''6'' 6''
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12''12''12''12''12''12''12''12''12''12''Doe BranchW il s on Cr e e k
Panthe r C re e k
G entle CreekParvin BranchRutherford BranchLittle Elm CreekStreamR o w le tt Cre e k
Mustang CreekRutherford BranchGentle CreekParvin BranchStreamParvin BranchLEGEND!APressure Reducing Valve(#UT2011 - 2021 Elevated Storage Tank(#UTExisting Impact Fee EligibleElevated Storage TankUTExisting Impact Fee EligibleGround Storage Tank[ÚExisting Impact Fee EligiblePump StationExisting Impact Fee Eligible2011 - 2021 Water Line Improvement8" and Smaller Water Lines10" and Larger Water LinesRoadRailroadStreamLakeParcelTown LimitETJ BoundaryCounty BoundaryLower Pressure PlaneUpper Pressure PlaneFIGURE 3-8TOWN OF PROSPERWATER SYSTEM IMPACT FEECAPITAL IMPROVEMENTS01,750 3,500SCALE IN FEETI7.35 MGD UPP PS and 3.0 MG GSTExpand UPP PS to 20 MGD and Add 5.0 MG GST(2013)Construct 10 MGD LPP Pump Station(2018)NTMWD Delivery Point Improvements(A(10(1ACreated By Freese and Nichols, Inc.Job No.: PRP11118Location: H:\W_WW_PLANNING\FINAL_REPORT\(Figure_3-8)_Water_CIP_(Impact_Fee_Eligible_and_2021).mxdUpdated: Friday, November 11, 2011 11:02:03 AM
VVVVVVVVVVääääääääääUUPTWW)"C`10''10''10''(212''WastewaterTreatment Plant(Abandoned)La CimaLift StationCapacity: 3.0 MGDLa Cima # 2Decommission LS and FMSteeple ChaseLift Station(Abandoned)GreenspointDecommission LS and FMWhispering FarmsDecommission LS and FMGentle CreekLift Station(Abandoned)(3(3(4(4(5(5(1(1(1(13(1(1(12(1(1(9(9(11(8(8(6(10(14(7(7(7(8(6(15(8(15(9(9(10(14(8(A(A(A(B(B(B1 2 ''30''15''10''18''24''27''21''18''10''10''18''10''10''24''15''21''10''10''10''12''10''24''10''10''10''24''10''18''21''10''12''1 5 ''24''10''10''10''21''10''27''10''10''21''15''21''1 0 ''15''10''21''18''10''10''18''10''10''24''10''10''21''10''24''1 0 ''12''10''10''27''10''24''10''21''18''1 2 ''12 ''10''24''15''24''21''21''24''21''10''24''21''15''10 ''15''27''15''10''10''24''24''12''24''10''24''24''10'' F.M27''30''24''21''12''24''21''12''21''12'' F.M.10'' F.M.6'' F .M .12'' F.M.8'' F.M .10'' F.M.4'' F.M.12'' F.M.10'' F.M.12''1 5 ''10''21''10''12 ''10''15''1 5 ''12''10''12''10''12''15''12''10''12''10''15''10''6''8''4''8''8''8''8''8''4''6''8''8 ''8''8''8''8''6''8''8''4''8''8 ''6''6''8''8''8''6''6''8''8''8''8''8''8 ''8''8''8''6''8''8''8''6''8''8''6''8''8''8''8''8''8''8''8''8''8''8''6''8''8''8''8''8''8''8''8''8''8 ''8''6''8''8''8''8 ''8 ''8''8''
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W ils o n C r e e kGentle C reekParvin BranchRutherford BranchStreamR o w le t t Cre e kPond
Parvin BranchStreamParvin BranchParvin BranchDoe BranchStreamLEGENDUUPTWW)Wastewater Treatment PlantVäExisting Lift Station"C`NTMWD MeterExisting 10" and LargerWastewater LineExisting 8" and SmallerWastewater LineExisting Force MainExisting Impact Fee EligibleWastewater Line2011- 2021 Wastewater LineUTRWD Wastewater LineNTMWD Wastewater LineRoadRailroadStreamLakeParcelTown LimitETJ BoundaryCounty BoundaryFIGURE 3-9TOWN OF PROSPERWASTEWATER SYSTEM IMPACT FEECAPITAL IMPROVEMENTS01,750 3,500SCALE IN FEETIMAJOR BASINSSubbasin 1Subbasin 2Subbasin 3Subbasin 4Subbasin 5Subbasin 6Created By Freese and Nichols, Inc.Job No.: PRP11118Location: H:\W_WW_PLANNING\FINAL_REPORT\(Figure_3-9)_Wastewater_CIP_(Impact_Fee_Eligible_and_2021).mxdUpdated: Friday, November 11, 2011 11:03:50 AM