10.23.2012 Town Council PacketPage 1 of 3
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1. Call to Order / Roll Call.
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
3. Announcements of dates and times of upcoming community events.
4. Certify and canvass the October 20, 2012 runoff election results for Town Council Member Place 1,
unexpired term. (AP)
5. Presentation of Oath of Office to Town Council Member, Place 1. (AP)
6. Presentation by Prosper Youth Sports Association.
7. 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.)
7a. Consider and act upon minutes from the following Council meeting(s) (AP)
• October 9, 2012 – Regular Town Council Meeting
7b. Consider and act upon 1) a Folsom Field User Agreement between the Town of Prosper and
Tony Fonseca, related to the use of Folsom Park for soccer practices and 2) Resolution 12-77
authorizing the Town Manager to execute the same. (HW)
7c. Consider and act upon Ordinance No. 12-35 rezoning 40.9± acres, located on the south side of
Frontier Parkway, 2,600± feet west of Custer Road, from Agricultural (A) to Planned
Development-Single Family-Estate (PD-SF-E). (Z12-0006) (CC)
7d. Consider and act upon Change Order #1 to Tiseo Paving, Co., for the First Street (Craig Street
to Coit Road) and Coit Road (US 380 to First Street) Improvements. (MB)
8. 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
108 W. Broadway
Prosper, TX 75078
Tuesday, October 23, 2012
Meeting begins at 6:00 p.m.
Prosper is a place where everyone matters.
Page 2 of 3
REGULAR AGENDA
If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
DEPARTMENT ITEMS:
9. Accept resignation of a Board of Adjustment member and appointment of a member to fill an
unexpired term on the Planning & Zoning Commission, and appointment of a member to fill an
unexpired term on the Board of Adjustment. (AP)
10. Consider and act upon an interlocal agreement with Collin County for Library Services. (LS)
11. Discussion of a holiday Schedule for Town Council Meetings. (LD)
12. 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;
12a. Section 551.087. To deliberate regarding Economic Development Negotiations regarding
property located south of Frontier, west of Custer Road, north of 380 and east of 1385.
12b. Section 551.071. Meeting with Town Attorney regarding a matter in which the duty of the
Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas conflicts with the Open Meetings Act regarding legal issues relating to recent
claim(s)/demand(s) made by David Lightfoot.
12c. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property
generally located on Prosper Trail west of Preston Road and east of Coleman Street.
13. To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
15. 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.
Page 3 of 3
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) 569-1011. BRAILLE IS NOT AVAILABLE.
Page 1 of 1
To: Mayor and Town Council
From: Amy Piukana, Town Secretary
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – October 20, 2012
Date: October 17, 2012
Agenda Item:
Consider and act upon canvassing the October 20, 2012 Runoff Special Election for Town
Council Place 1 and adopting Ordinance No. 12-36, providing an effective date.
Description of Agenda Item:
Town of Prosper held a Special Runoff Election on October 20, 2012 with Denton County
Elections to fill the unexpired term of Town Council Place 1, in accordance with the Texas
Election Code.
The total numbers of votes will be presented at the Council Meeting.
The Town Charter requires a majority vote of more than 50% of the total votes cast to win
Council Seat. Therefore, the Town Council is required to canvass the election results, pending
the October 20, 2012 Runoff results.
Attached Documents:
Ordinance No. 12-36, Presented at the meeting pending final election results.
Denton County Elections – Tabulation Reports will be presented at the meeting pending final
election results.
Town Staff Recommendation:
Town staff recommends that Town Council approves canvassing the October 20, 2012
Special Election results, for Town Council Place 1 unexpired term and adopt Ordinance
No. 12-36, providing an effective date.
Prosper is a place where everyone matters.
ADMINISTRATION
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1. Call to Order / Roll Call.
Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tem
Kenneth Dugger, Council Member Jason Dixon, Council Member Danny Wilson and Council
Member Curry Vogelsang.
Absent: None
Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary;
Matthew Garrett, Finance Director; Hulon Webb, Development Director; and Chris Copple, Planning
Director.
2. Pastor Glen Gabbard with Christian Chapel Assembly of God led the Invocation. The Pledge of
Allegiance, and Pledge to the Texas Flag were given.
3. Announcements of dates and times of upcoming community events. Deputy Mayor Pro Tem Dugger
announced the following:
o Cory Ausenbaugh Memorial 5k (starts 8:30am) and Fun Run (starts at 8am) at Frontier Park –
October 13, 2012
o Early Voting started Oct. 8th thru Oct. 12th, 8 a.m. - 5 p.m. @ Municipal Chambers
o Extended Early Voting Oct. 15th & Oct. 16th, 7 a.m. -7 p.m. @ Municipal Chambers
o Election Day is November 6th, 7a.m. - 7 p.m. @ Prosper Library
o Citizens Police Academy starts November 1st
4. Recognition of past Board & Commission Members. Mayor Smith presented past Board &
Commission Members with certificates of recognition. The following were present to receive: Ane
Casady - Comprehensive Plan Advisory Committee, Ann Lieber - Comprehensive Plan Advisory
Committee, Kelly Cooper - Comprehensive Plan Advisory Committee, Council Member Jason Dixon
- Comprehensive Plan Advisory Committee, Mayor Pro Tem Meigs Miller - Comprehensive Plan
Advisory Committee, Craig Moody – Library Board & Comprehensive Plan Advisory Committee.
5. 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
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway
Prosper, TX 75078
Tuesday, October 09, 2012
Council Meeting
6:00 p.m.
Page 2 of 5
Deputy Mayor Pro Tem Dugger made a motion to pull Consent Items 5a, 5c, 5e, 5f, 5g off Consent.
Motion seconded by Mayor Pro Tem Miller. Motion approved by vote of 6-0.
5b. Consider and act upon Ordinance No. 12-33, amending Ordinance No. 12-32, to correct the
caption and Exhibit “D”; providing for savings, repealing and severability clauses; and
providing for an effective date hereof. (AP)
5d. Consider and act upon additional expenditures of Park Improvement Funds for the
improvements to Preston Lakes Park. (MB)
5h. Consider and act upon the reappointment of David Moore as Municipal Judge and adopting
Resolution No. 12-76 authorizing the Town Manager to execute the same. (LD)
Mayor Pro Tem Miller made a motion to approve Consent Items 5b, 5d, and 5h, as presented.
Motion seconded by Council Member Wilson. Motion approved by vote of 6-0.
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
September 25, 2012 – Regular Town Council Meeting.
Mayor Pro Tem Miller made a motion to approve Consent Item 5a with the amendment to Section 4e
of the September 25, 2012 Minutes - to add the wording “Custer Pump Station Improvements Project
with Funding for the project to be out of 2012 CO Bonds.” Motion seconded by Council Member
Vogelsang. Motion approved by vote of 6-0.
5c. Consider and act upon Change Order #1 to Tiseo Paving Co., for the First Street (Craig Street
to Coit Road) and Coit Road (US 380 to First Street) Improvements Project. (MB)
Development Director Hulon Webb asked Council to table this item to the next Council
Meeting due to some last minute revisions.
Council Member Vogelsang made a motion to table Consent Item 5c to the next Council Meeting.
Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
5e. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and Frisco
Tollway Partners, LTD, related to the construction of median and turn lane improvements to
serve the southwest corner of Preston Road and Frontier Parkway and 2) Resolution No. 12-
72 authorizing the Town Manager to execute the same. (MB)
Deputy Mayor Pro Tem Dugger made a motion to approve an Escrow Agreement between the
Town of Prosper and Frisco Tollway Partners, LTD, related to the construction of median and turn
lane improvements to serve the southwest corner of Preston Road and Frontier Parkway and
Resolution No. 12-72 which shall take effect immediately upon its passage with the effective date of
the agreement contemplated herein being August 31, 2011. Motion seconded by Council Member
Vogelsang. Motion approved by vote of 6-0.
5f. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and H&R
Partners, LP, related to the construction of turn lane improvements to serve the east side of
Preston Road at Pasewark Drive and 2) Resolution No. 12-73 authorizing the Town Manager
to execute the same. (MB)
Page 3 of 5
Deputy Mayor Pro Tem Dugger made a motion to approve an Escrow Agreement between the Town
of Prosper and H&R Partners, LP, related to the construction of turn lane improvements to serve the
east side of Preston Road at Pasewark Drive and Resolution 12-73 which shall take effect
immediately upon its passage with the effective date of the agreement contemplated herein being July
18, 2011. Motion seconded by Council Member Dixon. Motion approved by vote of 6-0.
5g. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and Saddle
Creek Investments, LTD, related to the construction of median and turn lane improvements to
serve the northwest corner of Preston Road and Prosper Trail and 2) Resolution No. 12-74
authorizing the Town Manager to execute the same. (MB)
Deputy Mayor Pro Tem Dugger made a motion to approve an Escrow Agreement between the Town
of Prosper and H Saddle Creek Investments, LTD, related to the construction of median and turn lane
improvements to serve the northwest corner of Preston Road and Prosper Trail and Resolution 12-74
which shall take effect immediately upon its passage with the effective date of the agreement
contemplated herein being August 22, 2011. Motion seconded by Council Member Dixon. Motion
approved by vote of 6-0.
6. 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 –
Resident Katie Garms spoke urging Council to consider acting on a quiet zone for train horns in the
area around her home. (120 Dave Trail)
Resident Jack Dixon spoke noting his opposition of any tax payer monies being used for the cleanup
of Preston Lakes Park.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
DEPARTMENT ITEMS:
7. Consider and act upon Ordinance No. 12-34 establishing the levy of a hotel occupancy tax. Finance
Director Matthew Garrett briefed Council regarding this item. Mr. Garrett explained that the Town
will eventually attract hotels and other lodging and this ordinance will allow the Town to collect a
hotel occupancy tax rate of seven (7) percent. Finance Director Matthew Garrett briefed Council
regarding this item. Mr. Garrett explained that eventually the Town will attract hotels and other
lodging and with this ordinance in effect the Town will be able to collect a hotel occupancy tax rte of
seven (7) percent.
Page 4 of 5
After discussion, Council Member Dixon made a motion to approve Ordinance No. 12-34
establishing the levy of a hotel occupancy tax, as presented. Motion seconded by Deputy Mayor Pro
Tem Dugger. Motion approved by vote of 6-0.
8. Consider and act upon an interlocal agreement with Prosper Independent School District for fuel
purchasing and dispensing services. Finance Director Matthew Garrett briefed Council regarding this
item. Mr. Garrett explained that Prosper ISD purchases fuel through a discounted purchase contract
that will track fuel consumption by unit, driver and mileage. PISD has worked with the Town to
enter into an interlocal agreement which will allow the Town to better account for fuel purchases and
save significantly per gallon used. Mr. Garrett noted that the cost savings will be around $0.40 cents
per gallon.
After discussion, Mayor Pro Tem Miller made a motion to approve an interlocal agreement with
Prosper Independent School District for fuel purchasing and dispensing services. Motion seconded
by Council Member Dixon. Motion approved by vote of 6-0.
9. Appointment to the Board of Adjustment – one regular term and one Alternate Member. Council
reviewed applications from the prior Board & Commission applicants.
Mayor Pro Tem Miller made a motion to appoint Terry Tankersley to the unexpired Board of
Adjustment position and Mary Helen Sanders as the alternate member. Motion seconded by Deputy
Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
10. EXECUTIVE SESSION
Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session at 6:36 p.m. Motion
seconded by Mayor Pro Tem Miller. Motion approved by vote of 6-0.
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;
10a. Section 551.087. To deliberate regarding Economic Development Negotiations regarding
property located north of Highway 380, east of Teel Parkway, south of W. First Street and
west of Dallas North Tollway.
To reconvene in Regular Session and take any action necessary as a result of the Closed Session.
Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session at 7:26 p.m.
Motion seconded by Council Member Dixon. Motion approved by vote of 6-0.
As a result of Executive Session, Deputy Mayor Pro Tem Dugger made a motion to authorize the
Interim Town Manager to negotiate on behalf of the Town, in conjunction with the Prosper Economic
Development Corporation, one or more economic development agreements regarding property
located north of Hwy 380, east of Teel Parkway, south of West First Street, and west of the Dallas
North Tollway. Motion seconded by Council Member Dixon. Motion approved by vote of 6-0.
Page 5 of 5
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council asked
staff to research and report the train horn quiet zone requirements.
12. Adjourn. Council Member Dixon made a motion to adjourn the meeting at 7:25 p.m. Motion
seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
The meeting adjourned at 7:26 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
Page 1 of 1
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – October 23, 2012
Date: October 18, 2012
Agenda Item:
Consider and act upon 1) a Folsom Field User Agreement between the Town of Prosper and Tony
Fonseca, related to the use of Folsom Park for soccer practices and 2) Resolution 12-77
authorizing the Town Manager to execute the same.
Description of Agenda Item:
Tony Fonseca is a coach with a soccer team that is not part of the Prosper Area Soccer
Organization (PASO) but has kids from the Town of Prosper that play on the team. As such he is
requesting to practice at Folsom Park. Town staff has worked with PASO to make sure there is
availability as the requested times. In conjunction with the use of Frontier Park, all users are
required to enter into a Folsom Field User Agreement so that the allowed use of the facility is
agreed to. Attached is a signed copy of the Folsom Field User Agreement.
Budget Impact:
The rental cost for the use of the fields is $607.50 and has been paid.
Legal Obligations and Review:
Legal review of this item is not required at this time.
Attached Documents:
1. Resolution
2. Folsom Field User Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council approve 1) a Folsom Field User Agreement
between the Town of Prosper and Tony Fonseca, related to the use of Folsom Park for soccer
practices and 2) Resolution 12-77 authorizing the Town Manager to execute the same.
Prosper is a place where everyone matters.
PARKS &
RECREATION
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-77
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 FOLSOM
FIELD USER AGREEMENT FOR THE USE OF FOLSOM PARK FOR
SOCCER PRACTICES BETWEEN TONY FONSECA 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
Folsom Field User Agreement for the use of Folsom Park for soccer practices between
Tony Fonseca and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 23rd day of October, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Lyle Dresher, Interim Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – October 23, 2012
Date: October 18, 2012
Agenda Item:
Consider and act upon an ordinance rezoning 40.9± acres, located on the south side of Frontier
Parkway, 2,600± feet west of Custer Road, from Agricultural (A) to Planned Development-Single
Family-Estate (PD-SF-E). (Z12-0006).
Description of Agenda Item:
On July 24, 2012, the Town Council approved zoning case Z12-0006, by a vote of 4-0, subject to:
1. Permitting the lots adjacent to Wilson Creek to be platted to the centerline of the creek; and
2. Removing the ornamental metal fence along the rear of the residential lots adjacent to Wilson
Creek as required by Section 14.3.6 of the Subdivision Ordinance; and
3. The no-build easement and the drainage & floodway maintenance wording per the Subdivision
Ordinance being added to the Planned Development.
The applicant has revised Exhibit C and D to reflect the Town Council’s motion and Town staff has
prepared an ordinance rezoning the property.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a
zoning request and adopting an ordinance rezoning property. A public hearing has been held and
the Town Council approved the zoning case. The ordinance has been prepared. Review of the
ordinance by the Town Attorney is not required.
Attached Documents:
1. The ordinance rezoning the property is attached.
Town Staff Recommendation:
Town staff recommends the Town Council adopt the attached ordinance, rezoning 40.9± acres,
located on the south side of Frontier Parkway, 2,600± feet west of Custer Road, from Agricultural
(A) to Planned Development-Single Family-Estate (PD-SF-E).
Prosper is a place where everyone matters.
PLANNING
TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-35
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 40.891 ACRES, MORE OR
LESS, SITUATED IN THE W.T. HORN SURVEY, ABSTRACT NO. 419, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED
AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF PLANNED DEVELOPMENT-SINGLE FAMILY-
ESTATE (PD-SF-E); DESCRIBING THE TRACT TO BE REZONED;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Suzann Vince
(“Applicant”) to rezone 40.891 acres of land, more or less, situated in the W.T. Horn Survey, Abstract
No. 419, in the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts contained in
the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and form set
forth by law, and public hearings have been held on the proposed rezoning and all other requirements of
notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the below-described property containing 40.891 acres of
land, more or less, situated in the W.T. Horn Survey, Abstract No. 419, in the Town of Prosper, Collin
County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is
hereby rezoned as Planned Development-Single Family-Estate (PD-SF-E). The property as a whole and
the boundaries for each zoning classification are more particularly described in Exhibit “A” attached
hereto and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned Development District
shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit “B”;
2) the planned development standards, attached hereto as Exhibit “C”; 3) the concept plan, attached
hereto as Exhibit “D”; 4) and the development schedule, attached hereto as Exhibit “E”, which are
incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the
development of the Property within this Planned Development District must comply with the
requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be
amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted and
shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original records and
shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by
posting thereon all changes and subsequent amendments for observation, issuing building
permits, certificates of compliance and occupancy and enforcing the Zoning Ordinance.
Reproduction for information purposes may from time-to-time be made of the official zoning
district map.
Written notice of any amendment to this Planned Development District shall be sent to all
property owners within two hundred feet (200’) of the specific area to be amended.
SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation
to make use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm or corporation to construct on said premises any building that is not in
conformity with the permissible uses under this Zoning Ordinance.
SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or
any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense.
The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin
the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 7: Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in
full force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such
repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal
prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption
and publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 23rd DAY OF OCTOBER, 2012.
APPROVED AS TO FORM:
______________________________
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
____________________________
Amy Piukana, Town Secretary
DATE OF PUBLICATION: ____________________________, Prosper Press
ZONING EXHIBIT “B”
STATEMENT OF INTENT AND PURPOSE
The intent and purpose of this planned development is to create a high quality single‐
family gated estate lot neighborhood. With minimum lot sizes of one plus (1+) acres or
more, Twin Creeks Estates is planning only twenty‐nine (29) lots over a forty (40) acre
parcel of land while creating minimal impact to the natural environment. Significant
efforts in planning are being utilized to maintain the land’s compatibility with the
surrounding neighborhoods and the vision set out in the Town of Prosper’s
Comprehensive Land Use Plan.
Twin Creeks Estates is designed to be a private gated community, providing security for
the homes, families and surrounding neighborhoods. Careful planning has been used to
keep the creeks along the western and southern property lines in the current/natural
condition. The land that borders Frontier Parkway will be provide landscaped berms
planted with trees, shrubs and grass with accents of seasonal color. All landscaped
areas will be irrigated. None of the amenities will burden the Town as all common areas
will be owned and maintained by the Homeowner’s Association.
1BZONING EXHIBIT “E”
2BDEVELOPMENT SCHEDULE
It is the intent of the developer to start the 41.2 acre development within the next
twelve (12) months. This will allow the approval of the zoning request and the
development and approval of the engineering plans. At this time, the Developer plans
to start construction upon approval of the plans and permits by the Town of Prosper.
1
ZONING EXHIBIT “C”
PLANNED DEVELOPMENT STANDARDS
TWIN CREEKS
This property shall be developed and comply with the standards as outlined in Zoning Ordinance 05-20 as it
currently exists or may be amended, subject to the following conditions:
1.0 GENERAL DESCRIPTION – The tract is approximately 41.2 acres of land located along the south side
of Frontier Parkway east of Coit Road. The proposed PD allows for the development of a maximum
of 29 single-family lots with a minimum lot size of one (1) acre.
2.0 ADDITIONAL CONDITIONS
2.1 GENERAL DEVELOPMENT STANDARDS
2.1.1 Lot Width:
The minimum width of any lot shall be one hundred feet (100’) at the front building
line.
2.1.2 Lot Depth:
The minimum depth of any lot shall be one hundred eighty feet (180’), except at the
terminus of a cul-de-sac or along elbows/eyebrows may have a minimum lot depth,
measured at mid-points on front and rear lot lines, of one hundred and fifty feet
(150’) provided all other requirements of this section have been fulfilled.
2.1.3 Front Yard Setback:
The minimum depth of the front yard shall be forty feet (40’).
2.1.4 Side Yard Setback:
The minimum side yard shall be twenty feet (20’) including on corners adjacent to
the street.
2.1.5 Rear Yard Setback:
The minimum depth of the rear yard shall be twenty- five feet (25’).
2.1.6 Minimum Dwelling Size:
The minimum area of the main building shall be four thousand (4,000) square feet,
exclusive of garages, breezeways and porticos for all lots abutting creeks. Creek
lots, as shown on Exhibit “D”, include Lots 15-16 and 20-29.
All interior lots that are not adjacent to a creek shall have a minimum main building
area of three thousand-five hundred (3,500) square feet, exclusive of garages,
breezeways and porticos.
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2.1.7 Maximum Building Height:
The maximum building height shall be two and one-half stories, no greater than
forty feet (40’).
2.2 MISCELLANEOUS DEVELOPMENT STANDARDS
2.2.1 Secured Subdivision/Gated Entry:
The development shall be a gated single family community with private streets.
Detailed plans for the entry will be provided as required by the Town.
2.2.2 Private Streets:
All streets will be private and built to the standards of the Town of Prosper. Private
streets and associated storm drainage will be owned and maintained by the
required Home Owners Association (HOA).
Streets will be developed as Rural Neighborhood Streets (2LRN) and Divided
Residential Subdivision sections, modified to delete the outside curbs and to include
roadside ditches.
The typical rights-of-way shall be fifty (50) feet in width with a thirty-one (31) foot
wide section of concrete. The divided roadway will have a right-of-way of eighty-
five (85) feet in width with two (2) twenty-five (25) foot wide concrete sections with
an interior median surrounded with a six (6) inch mountable integral curb. The
median shall have a width of twelve (12) feet and be landscaped.
All concrete sections shall meet the Town’s Construction Standards for residential
streets in accordance with the approved engineering drawings.
2.2.3 Tree Preservation:
Trees along creeks and floodplains will be preserved within the drainage and
floodway easement/HOA lot. The removal of any other trees on the property shall
comply with the Town’s tree protection and mitigation requirements in the Zoning
Ordinance as it exists or may be amended.
2.2.4 Fencing:
Privacy fences on single family lots shall be located a minimum of ten (10) feet
behind the front elevation of the main building and shall not exceed eight (8) feet
above grade. All fencing on single family lots shall be of ornamental metal
construction (wrought iron or tubular steel).
The residential lots backing to Wilson Creek are exempt from Section 14.3.6 of the
Subdivision Ordinance, which requires an ornamental fence along the Base Flood
Plain.
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2.3 INFRASTRUCTURE
2.3.1 Bar Ditches and Culverts:
Ditches and culverts will be constructed adjacent to streets as necessary to convey
storm water runoff. The developer will maintain the engineered grades and
drainage capacity of the bar ditches during the 5-year maintenance period. The
HOA will assume maintenance of all bar ditches at the end of the 5-year period. The
builder will install culverts and driveway monuments on all lots in accordance with
the approved engineering drawings detailing the required culvert sizes for each
residential lot.
Every homeowner shall be responsible for driveways and culverts on their property.
2.3.2 Cul-de-sacs/Access:
Cul-de-sacs exceeding lengths of six hundred feet (600’) will be permitted from
Street “A” if serving ten (10) lots or less.
Secondary Access for the property will be provided from Street “B” (as shown on
Exhibit “D”). Street “B” will be allowed to exceed six hundred (600) feet in length
and will terminate with a temporary turn-a-round at the eastern property line with a
fire gate and Knox Lock as approved by the Fire Department. This access point to
the adjacent property will be used for fire and emergency access only.
Only one access/entry road will be required from Frontier Parkway to serve the
development when build according to the proposed plan. This access road will be a
divided and have a security gate adjacent to Frontier Parkway.
2.3.3 Lot-to-Lot Drainage:
Storm water runoff will not be allowed to drain from lot to lot without an approved
storm drainage system as approved by the Town and as conveyed within private
drainage easements. All private drainage improvements shall be owned and
maintained by the HOA.
2.4 RESIDENTIAL DEVELOPMENT CRITERIA ALONG WILSON CREEK
2.4.1 A maximum of one hundred percent (100%) of the linear frontage of the Base Flood
Plain identified on the Final Plat may have lots backing to the creek.
The lots will be allowed to be platted to the centerline of the creek.
2.4.2 Drainage and Floodway Easement:
The Base Flood Plain must be dedicated on a Final Plat to the Town as a Drainage
and Floodway Easement that will include additional width from the Base Flood Plain
on the property to allow adequate access for emergency vehicles, equipment and
personnel and to improve and/or maintain the Base Flood Plain. The Final Plat shall
contain the following: (i) a grant allowing the Town access for emergency vehicles,
4
equipment and personnel and to improve and/or maintain the Drainage and
Floodway Easement in the event they are not being properly maintained as
determined by the Town Engineer; and (ii) an obligation that the HOA shall
reimburse the Town for any and all costs incurred by the Town for maintenance.
The routine maintenance responsibility of the Drainage and Floodway Easement will
be property owners. The HOA will also be responsible for any maintenance of the
Drainage and Floodway Easement if not properly maintained by the property
owners. The HOA's by-laws and covenants, which must be approved by the Town
and filed of record in the county land records where the property is located, shall
provide: (i) for Town access for emergency vehicles, equipment and personnel and
to improve and/or maintain the Drainage and Floodway Easement in the event they
are not being properly maintained as determined by the Town Engineer, and (ii)
provide that the HOA shall reimburse the Town for any and all costs incurred by the
Town for maintenance.
2.4.3 No-Build and Preservation Easement:
A No-Build and Preservation Easement shall be provided on lots and open space lots
as shown on the Final Plat to preserve topography and vegetation (the “no-build and
preservation easement(s)”). A minimum twenty (20) foot building setback shall be
provided adjacent to the no-build and preservation easement(s). Pools and decks
shall be permitted within the twenty (20) foot setback, but not in the no-build and
preservation easement(s), within the platted lot, and shall meet the minimum
setbacks as specified in the Zoning Ordinance, and any amendments thereto.
Neither grade changes nor vegetation removal shall occur within the no-build and
preservation easement(s) without prior Town Engineer approval.
At the request of the Town, the Property Owner shall submit the following
documents with the Preliminary Plat that includes property along a Major Creek:
(i) Wetland Delineation Study;
(ii) Habitat Study; and
(iii) Vegetative Study
These studies shall be considered in the review of the Preliminary Plat regarding
development along Wilson Creek.
2.4.4 Access Easement:
The Property Owner or Subdivider must provide sufficient access to the Drainage
and Floodway Easement along Wilson Creek for HOA and Town access for
emergency vehicles, equipment and personnel and to improve and/or maintain the
Drainage and Floodway Easement. The access shall be above the Base Flood Plain
elevation. Streets and alleys abutting the Drainage and Floodway Easement may
substitute for the Access Easement subject to Town Engineer approval. An Access
Easement must also be provided at a maximum twelve hundred (1,200) foot spacing
along streets or alleys. The Town Engineer shall determine the location and size of
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the Access Easement. The minimum width of the Access Easement shall be twelve
(12) feet.
2.4.5 No development will be allowed on any portion of the property which lies in within
the Drainage and Floodway Easement, the No-Build and Preservation Easement or
the Access Easement. Wilson Creek shall be preserved from any and all destruction
or damage resulting from clearing, grading, or dumping of earth, waste or material,
or stumps, except at the discretion of the Town.
Page 1 of 2
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
CC: Lyle Dresher, Interim Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – October 9, 2012
Date: October 2, 2012
Agenda Item:
Consider and act upon Change Order #1 to Tiseo Paving Co., for the First Street (Craig Street to
Coit Road) and Coit Road (US 380 to First Street) Improvements.
Description of Agenda Item:
On November 08, 2011, Town Council awarded a construction services contract for the First Street
Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380)
to Tiseo Paving Inc. in the amount of $7,649,978.00. The contract included the construction of a
four-lane divided roadway with concrete curb, underground drainage, and 6,000 LF of sanitary
sewer. Turn lanes and median openings, as well as conduits necessary for irrigation and median
lighting, were also included.
This request provides an additional $404,567.83 and 65 days to accommodate six changes to the
original construction contract.
• $37,194.83: On August 14, 2012, Town Council approved an escrow agreement with First
Texas Homes for the construction of the Hidden Lakes street approach and decel lane to La
Cima Phase 7. This change order allocates $37,194.83 for the paving and drainage
improvements associated with the La Cima 7 agreement.
• $26,860.00: Samples taken of the soils within the project were found to require slightly more
hydrated lime than originally estimated. This change order provides $26,860.00 for an
additional 170 tons of lime to meet the design criteria for the subgrade.
• $99,233.50: At two locations, the proposed grades have exposed the Town’s existing 20”
water line. This change order will allocate $99,233.50 to lower 400 LF south of the Coit Road
and First Street intersection and 300 LF east of Hidden Lakes on First Street
• $234,404.50: On December 13, 2011, Town Council approved a professional services contract
with Freese & Nichols to design a second 30” water line out of the Custer Road Pump Station
to the corner of Prosper Trail and Coit Road. This change order facilitates the construction of
the necessary 30” water line under Coit Road and 24” water line under First Street prior to
paving. The cost of these improvements is $234,404.50.
• $6,875.00: The connection of the sanitary sewer installed within First Street to the Wilson
Creek Sewer Interceptor is nearly complete. This change order provides $6,875.00 to connect
the new line to the old La Cima force main.
Prosper is a place where everyone matters.
ENGINEERING
Page 2 of 2
Budget Impact:
The original construction contract in the amount of $7,649,978.00 was funded from the 2008 CO
Bonds with the 2007 Collin County Transportation Bonds reimbursing $2,659,575.00 of the actual
construction and design costs.
Of the $404,567.83 Change Order #1, $37,194.83 is funded through an escrow received from La
Cima 7, $126,093.50 for lime and water line lowerings will be funded from the 2008 CO Bonds, the
$234,404.50 for new water lines will be funded by future 2013 CO Bonds and the $6,875.00 will
come from the Sewer Impact Fee Fund.
Legal Obligations and Review:
No legal review of this request by the Town’s attorney is required.
Attached Documents:
1. Change Order #1
2. Project Map
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve Change Order #1 to Tiseo Paving Co., for
the First Street (Craig Street to Coit Road) and Coit Road (US 380 to First Street) Improvements
Project.
Project Add/Drop New Cost Total
Quantity Unit Quantity Quantity Per Unit Item Cost
P4 Embankment (Density Control)31306 CY 210 31516 2.00$ 420.00$
P6 Lime Treated Subgrade (8")4943 SY 675 5618 2.00$ 1,350.00$
P8 Lime (Est. 55#/SY - 8", 41#/SY - 6")2439 TON 9 2448 158.00$ 1,453.60$
P13 Reinforced Concrete Paving (8")100201 SY 557 100758 25.15$ 14,008.55$
P15 Concrete Curb (6" Monolithic)49388 LF 25 49413 2.50$ 62.50$
P31 Median Nose Pavers 829 SY 59 888 67.10$ 3,958.90$
P33 Relocate Ex. Fire Hydrant Units 18 EA 1 19 1,800.00$ 1,800.00$
P34 Fire Hydrant 1 EA 2 3 4,100.00$ 8,200.00$
P38 8" Waterline 0 LF 40 40 37.50$ 1,500.00$
P39 6" Waterline 0 EA 12 12 31.25$ 375.00$
33,128.55$
Project Add/Drop New Cost Total
Quantity Unit Quantity Quantity Per Unit Item Cost
D1 21" RCP 6349 LF 8 6357 37.08$ 296.64$
D6 48" RCP 109 LF 19 128 110.25$ 2,094.75$
D17 Storm Manhole - TxDOT Ty MH-M (6'x4')1 EA 1 2 3,685.00$ 3,685.00$
D21 10' Recessed Curb Inlet 25 EA 1 26 2,475.00$ 2,475.00$
D27 6' Type Y Inlet (Form Line Finish)1 EA -1 0 6,130.00$ (6,130.00)$
D37 Trench Excavation Protection for Storm Sewer 11700 LF 27 11727 0.25$ 6.75$
2,428.14$
Project Add/Drop New Cost Total
Quantity Unit Quantity Quantity Per Unit Item Cost
T8 Relf Pav. Marker (Cl B, Ty II-C-R)1311 EA 22 1333 3.62$ 79.64$
T12 Refl. Pavement Marking (8")(White)(Solid)(Type I)7475 LF 225 7700 1.50$ 337.50$
T25 PVC Sch. 40 Conduit (2")(Illumination Conduit)4465 LF 175 4640 4.12$ 721.00$
T28 Type "A" Ground Box (Illumination)70 EA 1 71 500.00$ 500.00$
1,638.14$
Project Add/Drop New Cost Total
Quantity Unit Quantity Quantity Per Unit Item Cost
P8 Lime (Est. 55#/SY - 8", 41#/SY - 6")2448 TON 170 2618 158.00$ 26,860.00$
26,860.00$
Project Add/Drop New Cost Total
Quantity Unit Quantity Quantity Per Unit Item Cost
W1 Install 30" and 24" Water at Coit and First*0 LS 1 1 234,404.50$ 234,404.50$
W2 Lower existing 20" water line on Coit Road*0 LS 1 1 41,765.00$ 48,029.75$
W3 Lower existing 20" water line on First Street*0 LS 1 1 44,525.00$ 51,203.75$
*Itemized detail attached 333,638.00$
Project Add/Drop New Cost Total
Quantity Unit Quantity Quantity Per Unit Item Cost
FM15 Connect new Force Main to Existing 0 LS 1 1 $ 6,875.00 6,875.00$
6,875.00$
404,567.83$
Change Order 1
Earthwork & Paving
Item #Item Description
FIRST STREET / COIT ROAD IMPROVEMENTS
First Street - Craig Street to East of Coit Road
Coit Road - US Highway 380 to North of First Street
Item DescriptionItem #
Storm Drainage
Earthwork & Paving
Item #
Traffic Control, Illumination & Irrigation
Item #Item Description
Change Order Total
Item Description
Force Main Relocation
Item #
Item Description
Upper Plane Water and Relocations
Item #Item Description
Page 1 of 1
To: Mayor and Town Council
From: Amy Piukana, Town Secretary
Cc: Lyle Dresher, Interim Town Manager
Re: Prosper Town Council Meeting – October 23, 2012
Date: October 17, 2012
Agenda Item:
Consider and act upon appointing a Board Member to the Planning & Zoning Board and
appointing a member to the Board of Adjustment for an unexpired term.
Description of Agenda Item:
A Board Member has resigned from the Planning & Zoning Commission opening up a vacancy
for an unexpired term. A member has also resigned from the Board of Adjustment, creating a
vacancy for an unexpired term.
Legal Obligations and Review:
The Town Charter requires the Town Council to appoint Board and Commission Members to the
respective Boards.
Attached Documents:
Resignation Letter – BOA
Resignation Letter – P&Z
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council appoint _______________ to fill the
unexpired term for the Board of Adjustment and appoint _______________ to the
Planning and Zoning Commission.
Administration
Page 1 of 2
To: Mayor and Town Council
From: Linda Shaw, Town Librarian
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – October 20, 2012
Date: October 17, 2012
Agenda Item:
For review, informational, and statistical purposes.
Description of Agenda Item:
In recognition of the integral role that public libraries play in educating individuals, building
engaged citizens and fostering thoughtful communities; Collin County, by way of this Inter Local
agreement provides funds to the Prosper Community Library to assist in providing services to
Collin County residents. The Collin County Libraries requested funding of $218,294 for fiscal
year 2012-2013, based upon a new funding formula. The formula for receiving and distributing
Collin County funding is based on the number of Collin County citizens who reside in
unincorporated areas. For January 2012 the NCTCOG estimates the “Remainder of the County”
population as 41,110.
To be accredited by the Texas State Library,
“A library serving a population of 24,001-50,000 persons must have local expenditures of at
least…$5.31 per capita for fiscal years 2013-2015.”
Based on this requirement, requested funding for library services to citizens in unincorporated
Collin County was approved in the amount of $218,294. Half of this amount is equally
distributed among the eight participating Collin County Libraries and the remaining half divided
based on population. The average per capita amount spent by the cities supporting the eight
Collin County Libraries is $22 per capita.
I’ve attached a funding chart that shows the breakdown for each library. Please note that Plano
and Frisco declined County funding, deciding instead to institute non-residency fees and/or
reciprocal borrowing agreements. Reinstituting non-residency fees is a growing trend among
moderate to large public libraries in Texas as a result of the State Legislature eliminating
funding for Texas Loan Star Grants to public libraries. As a result of Frisco’s non-participation,
Prosper received an additional $2,828.27 (included in the $18,086.82, original request was
$15,258.55).
Attached Documents:
2013 Collin County Libraries Funding Chart Final 8 participating libraries.
Prosper is a place where everyone matters.
Library Services
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that Town Council approve an interlocal agreement between Collin
County and Prosper Community Library, as presented.
Collin County Funding
2012-2013
NCTCOG
Est. Pop Recommendation Share based
City 1/1/2012 Population %218,294.00$ on Population Base Amount Total
Allen 86,600 28.92%$31,567.08 $13,643.38 $45,210.45
Celina 6,260 2.09%$2,281.87 $13,643.38 $15,925.24
Farmersville 3,300 1.10%$1,202.90 $13,643.38 $14,846.28
Frisco Funding declined
McKinney 136,180 45.48%$49,639.78 $13,643.38 $63,283.15
Melissa 5,200 1.74%$1,895.48 $13,643.38 $15,538.86
Plano Funding declined
Princeton 7,010 2.34%$2,555.26 $13,643.38 $16,198.63
Prosper 12,190 4.07%$4,443.45 $13,643.38 $18,086.82
Wylie 42,690 14.26%$15,561.18 $13,643.38 $29,204.56
Total 299,430 100.00%$109,147.00 $109,147.00 $218,294.00
County Pop.804,390
Unincorporated 41,110
5.31/capita $218,294