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08.12.2014 Town Council Packet Page 1 of 4 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Announcements of upcoming events. 4. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 4a. Consider and act upon minutes from the following Town Council meeting. (RB)  Regular Meeting – July 22, 2014 4b. Consider and act upon approving the Agency Client Agreement for Fiscal Year 2014-2015 between the Town of Prosper and Zenitram and Associates, d.b.a Municipal Voice. (HJ) 4c. Consider and act upon a residential street light standard for Frontier Estates (Planned Development-15). (DH) 4d. Consider and act upon a residential street light standard for Tanner’s Mill (Planned Development-SF-10). (DH) 4e. Consider and act upon a resolution authorizing the Town Manager to execute on behalf of the Town, deeds, easements, temporary easements, and all other grants and conveyances of property interests related to construction, utilities and development activities. (HW) 4f. 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. (AG) 4g. Consider accepting the submission of the certified collection rate of 100 percent for FY 2014-2015. (KA) 4h. Consider and act upon an ordinance establishing the 2014 certified appraisal roll. (KA) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, August 12, 2014 6:00 p.m. Page 2 of 4 4i. Consider accepting submission of the 2014 effective tax rate of $0.468183 per $100 taxable value and the rollback tax rate of $0.429220 per $100 taxable value. (KA) 5. CITIZEN 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 Meeting Appearance Card” and present it to the Town Secretary prior to the meeting.) Other Comments by the Public - REGULAR AGENDA: (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” 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: 6. Presentation of service plan and second public hearing to consider the involuntary annexation of a 2.3± acre tract of land, located on the east side of Dallas Parkway, 500± feet south of First Street. (A14-0001). (AG)   7. Presentation of service plan and second public hearing to consider the involuntary annexation of a 18.0± acre tract of land, located 800± feet south of Prosper Trail, 4,500± feet east of Coit Road. (A14-0002). (AG)   8. Conduct a Public Hearing, and consider and act upon a request to rezone 93.2± acres, located on the northwest corner of Prosper Trail and Coit Road, from Agricultural (A) and Single Family-15 (SF-15) to Planned Development-Single Family-15/Office (PD-SF- 15/O). (Z14-0008). (AG) DEPARTMENT ITEMS: 9. Submission of the FY 2014-2015 Proposed Budget and Budget Message by the Town Manager. (HJ) 10. Consider and act upon a proposed FY 2014-2015 property tax rate. (KA) 11. Consider and act upon a schedule of public hearings for the FY 2014-2015 Proposed Budget. (KA) 12. Consider and act upon a schedule of public hearings for the FY 2014-2015 proposed property tax rate. (KA) Page 3 of 4 13. Consider and act upon authorizing the Town Manager to execute a contract amendment with IESI, a Progressive Waste Solutions Company, related to bulk service collection. (KA) 14. Consider and act upon an ordinance amending Article 12.08, “Truck Routes,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances, regarding additional street segments for truck routes. (DK) 15. Consider and act upon an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town’s Code of Ordinances by modifying the list of streets and limits on which school zones are established, modifying the hours of operation of such zones, and modifying the maximum speed limit during hours of operation of such zones. (MR) 16. Consider and act upon an amendment to the Capital Improvement Plan (CIP). (MR) 17. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between Denton County FWSD #10, and the Town of Prosper, Texas, related to the construction of Teel Parkway north of Fishtrap Road to serve the Artesia development. (HW) 18. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Dunaway Associates, LP, and the Town of Prosper, Texas, related to the Frontier Park North Conceptual Master Plan and Sexton Park Conceptual Master Plan project. (PN) 19. 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: 19a. Section 551.087 - To discuss and consider economic development incentives. 19b. Section 551.072 - To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 19c. Section 551.074 – To discuss appointments to the Planning & Zoning Commission, Parks & Recreation Board, Prosper Economic Development Corporation Board, Board of Adjustment/Construction Board of Appeals, and Library Board. 19d. Section 551.071(2) – Consultation with Town Attorney regarding land use legal issues. Page 4 of 4 20. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 21. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Update to Fire Station No. 2 Design (RT)  Discussion on Roadway Impact Fees for Temporary Modular Buildings (BE)  Discussion on Freeport Tax (KA)  Discussion on field user fees (JS) 22. 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 on August 8, 2014, at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. _________________________ _________________________ Robyn Battle, Town Secretary Date Noticed Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-1011 at least 48 hours prior to the meeting time. Page 1 of 12 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:02 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Meigs Miller Deputy Mayor Pro-Tem Kenneth Dugger Councilmember Michael Korbuly Councilmember Mike Davis Councilmember Curry Vogelsang, Jr. Council Members Absent: Councilmember Jason Dixon Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary Terrence Welch, Town Attorney Hulon T. Webb, Jr., Executive Director of Development and Community Services Chris Copple, Development Services Director Alex Glushko, Senior Planner Bill Elliott, Building Official Matt Richardson, Senior Engineer Kent Austin, Finance Director Ronnie Tucker, Fire Chief Bryan Ausenbaugh, Fire Marshal 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. David Vestal of Lighthouse Christian Fellowship led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of upcoming events. Deputy Mayor Pro-Tem Dugger made the following announcements: Applications for the Town’s Boards and Commissions are now being accepted through Friday, August 1. Applications are available at Town Hall, the Community Library, and the Town’s website. Descriptions of the various Town Boards and their eligibility requirements are available on the Town’s website, or by contacting Robyn Battle, Town Secretary. MINUTES Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, July 22, 2014 Item 4a Page 2 of 12 The North Central Texas Council of Governments is seeking public input on the Collin County Hazard Mitigation Action Plan. Residents are encouraged to attend a public meeting on July 24, at 10:00 a.m., at the Collin County Administration Building on Bloomdale Road in McKinney. On August 2, the Community Library will host its Summer Grand Finale from 10:00 a.m.-2:00 p.m. The Library will have face painting and crafts for children, and the Prosper Police Department will offer children’s identification kits. This is also the last day to turn in reading challenge logs to get prizes. Contact Library Director, Leslie Scott, for more information. The Town continues to make progress on improvements to many of the Town’s existing roadways. First Street, from the Dallas North Tollway to Coleman Road, is complete, and open to two-way traffic. The contractor is anticipating beginning the asphalt improvements to Coleman Road in front of Reynolds Middle School the second week in August and it should take approximately a week to complete. Coit Road, from First Street to Frontier Parkway, is also making progress. The section from north of Fair Oaks to Frontier Parkway is scheduled to be closed from July 24- 30, to allow the contractor to stabilize the subgrade with asphalt to follow. The section from First Street to Prosper Trail is scheduled for asphalt in the next two weeks. Both sections will be complete before school starts. First Street, from Church Street to Craig Street, is also under construction. New concrete pavement on the south side is complete and the Town is waiting for the concrete to cure before excavating the north side, which is planned forthe week of August 4. And lastly, the repaving in the Rhea Mills subdivision has begun with the removal of the existing concrete pavement. New concrete will replace the existing pavement and the entire project will take approximately four months to complete. Motorists are urged to adhere to the traffic controls in place during these projects as many of the roads under construction are one-way during the projects. 4. Presentations.  Recognition of Craig Hill with DR Horton Homes as Second Runner-Up, Brian Boyd with Highland Homes as First Runner-Up, and Gary Castleberry with Dave R. Williams Homes as the recipient of the Building Inspection’s “2013 Builder of the Year Award.” (BE) Building Official Bill Elliott and Chief Building Inspector Steve Freeman presented the awards to the recipients. 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) Mayor Pro-Tem Miller removed Items 5b, 5h, 5j, 5k, 5l, 5m, 5n, 5o, 5p, 5q, 5r, 5s, and 5t from the Consent Agenda. Item 4a Page 3 of 12 Mayor Pro-Tem Miller made a motion and Councilmember Korbuly seconded the motion to approve Items 5a, 5c, 5d, 5e, 5f, 5g, 5i, 5u, 5v, and 5w on the Consent Agenda. 5a. Consider and act upon minutes from the following Town Council meeting. (RB)  Regular Meeting – July 8, 2014 5c. Receive the June 2014 financial report. (KA)   5d. Receive the quarterly investment report for June 30, 2014. (KA) 5e. Consider and act upon authorizing the Town Manager to execute a Water Improvement Development Agreement between Prosper Partners, LP, and the Town of Prosper, Texas, related to the extension of water lines to serve the Parks at Legacy development. (HW) 5f. Consider and act upon authorizing the Town Manager to execute a Thoroughfare Improvement Development Agreement between Prosper Partners, LP, and the Town of Prosper, Texas, related to the extension of roadways to serve the Parks at Legacy development. (HW) 5g. Consider and act upon a mailbox design standard for Frontier Estates (Planned Development-15). (AG) 5i. Consider and act upon Ordinance No. 14-41 rezoning 80.7± acres, located on the southeast corner of Dallas Parkway and Frontier Parkway, from Single Family-15 (SF-15) to Planned Development-Single Family/Retail (PD-SF/R). (Z14-0006). (CC) 5u. 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. (AG) 5v. Consider and act upon approval of Resolution No. 14-42 concerning the construction of a grade separated crossing on Frontier Parkway over the BNSF Railroad. (HW) 5w. Consider and act upon Resolution No. 14-43 concerning the proposed extension of a North Texas Municipal Water District (NTMWD) sanitary sewer line through the Town of Prosper to serve the City of Celina. (HW) The motion was approved by a vote of 6-0. Mayor Pro-Tem Miller Made a motion and Councilmember Korbuly seconded the motion to postpone Items 5b, 5h, 5j, 5k, 5l, 5m, 5n, 5o, 5p, 5q, 5r, 5s, and 5t until after the Executive Session. The motion was approved by a vote of 5-1. Item 4a Page 4 of 12 6. CITIZEN 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 Meeting Appearance Card” and present it to the Town Secretary prior to the meeting.) Other Comments by the Public – There were no Citizen Comments. REGULAR AGENDA: (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” 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: 7. Conduct a Public Hearing, and consider and act upon a request to rezone 93.2± acres, located on the northwest corner of Prosper Trail and Coit Road, from Agricultural (A) and Single Family-15 (SF-15) to Planned Development-Single Family-15/Office (PD-SF-15/O). (Z14-0008). (CC) Mayor Smith stated that he would abstain from voting on Item 7 due to a conflict of interest, and left the Council bench. Chris Copple, Director of Development Services, presented this item before the Town Council. The request is to rezone the property from Agricultural and Single Family-15 (SF-15) to SF-15; however, the Future Land Use Plan recommends Low Density Residential for the property, with a maximum of 1.6 dwelling units per acre. The zoning request reflects a density of approximately 2.0 dwelling units per acre; therefore, the zoning request does not conform to the FLUP. Mr. Copple presented an updated map to the Town Council showing the approximate lot sizes of the surrounding residential developments. The Planning and Zoning Commission recommended approval of the request. Town staff recommends denial of the request. Mayor Pro-Tem Miller opened the Public Hearing. Tom Beitel, 1501 Cedar Bend Court, Prosper, spoke in opposition of this item. Mardy Brown of Texas Development Services spoke on behalf of the applicant. The applicant had previously submitted for a Planned Development (PD), but has changed the submittal to straight zoning for SF-15 with the intent to apply for a Special Use Permit for a Montessori school on a portion of the property at a later Item 4a Page 5 of 12 date. The Town Council discussed their concerns about the density of the property, and Mr. Brown confirmed that the proposal would follow all of the zoning requirements for SF-15. After discussion, Town staff recommended the Town Council table this item until the August 12 Town Council meeting, and the applicant revise the submittal to a PD for SF-15, with a requirement of 1.6 dwelling units per acre. Councilmember Vogelsang made a motion and Councilmember Davis seconded the motion to table Item 7 to the August 12, 2014, Town Council meeting, and to close the Public Hearing. The motion was approved by a vote of 5-0. Mayor Smith returned to the Council bench. 8. Presentation of service plan and first public hearing to consider the involuntary annexation of a 2.3± acre tract of land located on the east side of Dallas Parkway, 500± feet south of First Street. (A14-0001). (AG) Senior Planner Alex Glushko presented this item before the Town Council. In 2009, the Town entered into multiple five-year agreements with the remaining unincorporated properties within Collin County and the Town’s Extraterritorial Jurisdiction (ETJ), and the Town has offered to extend these agreements to all properties that continue to maintain their Agricultural property tax exemption. The subject property no longer meets these requirements, so Town staff recommends an involuntary annexation of the property. State law requires two Public Hearings to be held as part of the annexation process. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. 9. Presentation of service plan and first public hearing to consider the involuntary annexation of an 18.0± acre tract of land located 800± feet south of Prosper Trail, 4,500± feet east of Coit Road. (A14-0002). (AG) Senior Planner Alex Glushko presented this item before the Town Council. In 2009, the Town entered into multiple five-year agreements with the remaining unincorporated properties within Collin County and the Town’s Extraterritorial Jurisdiction (ETJ), and the Town has offered to extend these agreements to all properties that continue to maintain their Agricultural property tax exemption. The owner of the subject property did not respond to the two offer letters from the Town to extend the agreement, so Town staff recommends an involuntary annexation of the property. State law requires two Public Hearings to be held as part of the annexation process. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Item 4a Page 6 of 12 DEPARTMENT ITEMS: 10. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Triple B. Holding, L.P., and the Town of Prosper, Texas, related to the timing and construction of fencing materials for Warren/Avant Garde Addition, Block A, Lot 1R. (AG) Senior Planner Alex Glushko presented this item before the Town Council. At the June 24, 2014, Town Council meeting, the Town Council considered an alternative type of open storage screening for the subject property. The request as proposed by the applicant included allowing the existing chain-linked fencing along the southern property line to remain; however, the applicant agreed to enter into an agreement that would require the chain-linked fencing to be replaced with wrought iron fencing at the time the adjacent thoroughfare, Business Park Drive, is constructed. The proposed Development Agreement outlines the terms and conditions for the replacement of the fence. John Rattan, representing the property owner, responded to questions from the Town Council. After discussion, Councilmember Vogelsang made a motion and Councilmember Korbuly seconded the motion authorizing the Mayor to execute a Development Agreement between Triple B. Holding, L.P., and the Town of Prosper, Texas, related to the timing and construction of fencing materials for Warren/Avant Garde Addition, Block A, Lot 1R, with Brent Burns being the owner of the property. The motion was approved by a vote of 6-0. 11. Consider and act upon an alternative type of open storage screening for Warren/Avant Garde Addition, Block A, Lot 1R (The Body Shop), on 2.5± acres, located on the west side of Business Park Drive, 400± feet south of First Street. The property is zoned Commercial (C). (D14-0017). (AG) Senior Planner Alex Glushko presented this item before the Town Council. This item was tabled at the June 24, 2014, Town Council meeting to allow the applicant an opportunity to draft the development agreement that was previously approved at this meeting. The applicant is proposing to add an additional open storage area to the property, which is required to be screened. Mr. Glushko reviewed the details of the applicant’s request, which must be approved by the Town Council, or comply with one of the other provisions in the Zoning Ordinance. The Planning and Zoning Commission recommended approval of an alternative type of open storage screening for the subject property at its May 20, 2014, meeting, subject to the following: 1. Revising the alternative type of open storage screening along the southern property line to a 6-foot ornamental metal fence. 2. Town Council approval of an alternative type of open storage screening. 3. Town staff approval of the landscape, irrigation, and screening plans. 4. Planning and Zoning Commission approval of a replat of the subject property dedicating all easements necessary for development. 5. Fire Department approval of all fire hydrants, Fire Department connections (FDC), and fire lanes, including widths, radii, and location. 6. Engineering Department approval of all driveways, turn lanes, median openings, street sections, sidewalks, and right-of-way dedications. Item 4a Page 7 of 12 Town staff recommended approval of this item. After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded the motion to approve an alternative type of open storage screening for Warren/Avant Garde Addition, Block A, Lot 1R (The Body Shop), on 2.5± acres, located on the west side of Business Park Drive, 400± feet south of First Street, subject to the Planning and Zoning Commission’s recommendations. The motion was approved by a vote of 6-0. 12. Discussion on proposed Military Recognition Programs. (RB) Town Secretary Robyn Battle presented this item before the Town Council. Town staff is proposing two Military Recognition Programs: the Blue Star Flag Program and the Hometown Heroes Program. The Blue Star Flag Program recognizes family members of military service personnel who are being deployed, or who are currently serving overseas. The Hometown Heroes Program recognizes military service personnel who are returning home from active duty. Both programs would be open to Prosper residents, and presentations would be made at regular Town Council meetings. Town staff was directed to move forward with both programs, to include Town employees, Prosper residents, and families of service personnel who are currently deployed to be eligible to participate in the programs. Mayor Smith recognized the following individual who requested to speak on this item: Jack Dixon, 810 Long Valley Court, Prosper, spoke in favor of this item, and also encouraged the Town Council to support a Veterans Memorial in conjunction with these programs. 13. Discussion on School Zone Signs and Markings Policy. (MR) Senior Engineer Matt Richardson presented this item before the Town Council. Lee Engineering conducted a study of the school zones within the Town of Prosper. Mr. Richardson reviewed the results of the study, and the recommendations for a School Zone Signs and Markings Policy that includes details on speed limits, traffic signs, markings and crosswalks, as well as recommended modifications to school zones for each of the six existing school campuses. Town staff met with Prosper ISD to review the policy and proposed modifications. The Town Council will consider an amendment to the current School Zone Ordinance at the August 12, 2014, Town Council meeting pending Council’s direction on the proposed policy. Councilmember Korbuly requested staff to look into the feasibility of increasing the length of the school zone to 500’ in areas with speed limits of 45 miles per hour and higher. Mayor Smith recognized the following individual who requested to speak on this item: Mike McClung, 1400 Cedar Springs Drive, spoke in opposition to this item, encouraging the Town Council to change the intersection of Buffalo Springs and Cedar Lake from a two-way stop to a four-way stop. Town staff was directed to extend the school zone to include the full length of Arrowhead Drive, to extend the school zone on Cedar Lake to include the intersection of Buffalo Springs Drive, to extend the school zone on Livingston Drive north of Item 4a Page 8 of 12 Salada Drive, and to consider expanding the school zone distance buffer to 500 feet in areas where the speed limit is 45 miles per hour and above. 14. Consider and act upon ordinances adopting the following codes: 2012 editions of the International Building Code, International Residential Code, International Plumbing Code, International Energy Conservation Code, International Mechanical Code, International Fuel Gas Code, and the 2011 edition of the National Electrical Code. (BE) Building Official Bill Elliott presented this item before the Town Council. The International Code Council develops model codes that are updated every three years to provide minimum safe building standards for residential and commercial structures which benefit public safety and support the industry’s need for one set of codes without regional limitations. The International Codes are now used in all fifty states and around the world. Town staff recommended the adoption of the 2012 ICC Code series and the 2011 National Electrical Code with the proposed minimal local amendments. Mayor Smith recognized the following individual who requested to speak: Anne Lieber, 1190 Crooked Stick, questioned the Council and Mr. Elliott about the necessity of adopting the proposed codes, and the entity that creates and supports adoption of the International Codes at the local level. After responding to questions, Councilmember Korbuly Made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to approve ordinances repealing existing respective code provisions and adopting each of the following codes: Ordinance No. 14-44, adopting the the 2012 Edition of the International Building Code (IBC); Ordinance No. 14-45, adopting the 2012 Edition of the International Residential Code (IRC); Ordinance No. 14-46, adopting the 2012 Edition of the International Plumbing Code (IPC); Ordinance No. 14-49, adopting the 2012 Edition of the International Fuel Gas Code (IFGC); Ordinance No. 14-48, adopting the 2012 Edition of the International Mechanical Code (IMC); Ordinance No. 14-47, adopting the 2012 Edition of the International Energy Conservation Code (IECC); and Ordinance No. 14- 14-50, adopting the 2011 Edition of the National Electrical Code (NEC), all with respective additions, deletions, and amendments thereto. The motion was approved by a vote of 5-1. 15. Consider and act upon an ordinance adopting the 2012 edition of the International Fire Code with North Central Texas Council of Governments Recommended Amendments, local amendments, and to repeal certain provisions contained in Ordinance No. 04-98 (existing fire code ordinance) not related to residential fire suppression. (BA) Fire Marshall Bryan Ausenbaugh presented this item before the Town Council. The purpose of the 2012 International Fire Code is to establish the minimum requirements consistent with the nationally recognized good practices for providing a reasonable level of life safety and property protection from the hazards of fire, explosion, or dangerous conditions in new and existing buildings and structures, and to provide safety to firefighters and emergency responders during emergency operations. Item 4a Page 9 of 12 Mayor Smith recognized the following individual who requested to speak: Ann Lieber, 1190 Crooked Stick, Prosper, spoke against NCTCOG’s proposed effort to regionalize firefighting services between municipalities and counties. She supported the proposed amendments to the Fire Code. After discussion, Mayor Pro-Tem Miller made a motion and Councilmember Korbuly seconded the motion to adopt Ordinance No. 14-51, adopting the 2012 edition of the International Fire Code, including the North Central Texas Council of Governments recommendations, local amendments, and repealing certain provisions contained in Ordinance No. 04-98 not related to residential fire suppression. The motion was approved by a vote of 6-0. 16. 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: 16a. Section 551.087 - To discuss and consider economic development incentives. 16b. Section 551.072 - To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 16c. Section 551.076 – To discuss and consider security/safety audits. 16d. Section 551.074 – To discuss appointments to the Planning & Zoning Commission, Parks & Recreation Board, Prosper Economic Development Corporation Board, Board of Adjustment/Construction Board of Appeals, and Library Board. The Town Council recessed into Executive Session at 8:35 p.m. 17. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Regular Session was reconvened at 10:01 pm. The Town Council took the following action as a result of Executive Session: Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller seconded the motion to authorize the Mayor to execute an Economic Development Incentive Agreement with Kroger Texas, LP, and the Prosper Economic Development Corporation. The motion was approved by a vote of 5-1. The Town Council took action on the following Items at this time: Item 4a Page 10 of 12 5b. Consider and act upon Ordinance No. 14-39 repealing the application of the exemption from local sales and use taxes on receipts from the sale of telecommunications services within the Town of Prosper, Texas. (KA) 5h. Consider and act upon Ordinance No. 14-40 rezoning 33.2± acres, located on the northeast corner of Preston Road and Prosper Trail, from Single Family-15 (SF-15) to Planned Development-Retail (PD-R). (Z14- 0007). (CC) 5j. Consider and act upon authorizing the Town Manager to execute an Annexation Agreement between Larry J. Bridgefarmer and the Town of Prosper, Texas. (AG) 5k. Consider and act upon authorizing the Town Manager to execute an Annexation Agreement between Joe Wayne Chesney and the Town of Prosper, Texas. (AG) 5l. Consider and act upon authorizing the Town Manager to execute an Annexation Agreement between Furr Properties Ltd. and the Town of Prosper, Texas. (AG) 5m. Consider and act upon authorizing the Town Manager to execute an Annexation Agreement between Paul D. Gentry and the Town of Prosper, Texas. (AG) 5n. Consider and act upon authorizing the Town Manager to execute an Annexation Agreement between Raymond and Mary Herrmann and the Town of Prosper, Texas. (AG) 5o. Consider and act upon authorizing the Town Manager to execute an Annexation Agreement between William Scott Mays and the Town of Prosper, Texas. (AG) 5p. Consider and act upon authorizing the Town Manager to execute an Annexation Agreement between Glen Hobart Miller and the Town of Prosper, Texas. (AG) 5q. Consider and act upon authorizing the Town Manager to execute an Annexation Agreement between Harold and Maureen Patin and the Town of Prosper, Texas. (AG) 5r. Consider and act upon authorizing the Town Manager to execute an Annexation Agreement between Charles and Cynthia Stuber and the Town of Prosper, Texas. (AG) 5s. Consider and act upon authorizing the Town Manager to execute an Annexation Agreement between Stephen and Karla Witt and the Town of Prosper, Texas. (AG) Item 4a Page 11 of 12 5t. Consider and act upon authorizing the Town Manager to execute an Annexation Agreement between Y-C Nurseries, Inc., and the Town of Prosper, Texas. (AG) Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded the motion to approve Item 5b, adopting Ordinance No. 14-39 repealing the application of the exemption from local sales and use taxes on receipts from the sale of telecommunications services within the Town of Prosper, Texas. The motion was approved by a vote of 4-2. Deputy Mayor Pro-Tem Dugger made a motions and Councilmember Vogelsang seconded the motion to approve Item 5h, adopting Ordinance No. 14-40 rezoning 33.2± acres, located on the northeast corner of Preston Road and Prosper Trail, from Single Family-15 (SF-15) to Planned Development-Retail (PD-R). (Z14-0007). The motion was approved by a vote of 6-0. Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded the motion to approve Items 5j, 5k, 5l, 5m, 5n, 5o, 5p, 5q, 5r, 5s, and 5t. The motion was approved by a vote of 5-1. 18. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Alternative median landscaping to replace Knockout Roses (HW) Town staff was directed to use Dwarf Crepe Myrtles to replace the diseased Knockout Roses in the Town’s medians.  IESI Bulk Service Collection (KA) Town staff was directed to research the number and locations of bulk item collection requests in response to a request from IESI to modify its current contract from one collection date each month to two, due to the increased number of requests for bulk item collection. 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: 16c. Section 551.076 – To discuss and consider security/safety audits. The Town Council recessed into Executive Session at 10:11 p.m. The Regular Session was reconvened at 10:29 p.m. No action was taken as a results of Executive Session. 19. Adjourn. The meeting was adjourned at 10:29 p.m., on Tuesday, July 22, 2014. Item 4a Page 12 of 12 These minutes approved on the 12th day of August, 2014. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a Page 1 of 1 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon approving the Agency Client Agreement for Fiscal Year 2014-2015 between the Town of Prosper and Zenitram and Associates, d.b.a Municipal Voice. Description of Agenda Item: The Town of Prosper entered into its first contract with Municipal Voice to provide professional public information services to the Town on December 14, 2009. The Town has renewed the annual contract each year since 2009 and staff would like to continue using the services of Municipal Voice which partially include the following: a minimum of five press releases per month; weekly Resident Updates; the monthly employee newsletter; regularly scheduled water bill inserts; and updates to the Town’s Website and Social Media. This list is not all inclusive and only highlights some of the services provided by the company. Budget Impact: The base monthly fee is $3,000 per month ($36,000 annually), which covers basic public information services. Production/media expenses would be over and above the $3,000 monthly fee. Authorization will be required for any expenditure in excess of $100 on behalf of the Town. Legal Obligations and Review: Terrence Welch with Brown & Hofmeister, L.L.P., has reviewed the Agency Client Agreement as to form and legality. Attached Documents: 1. Agency Client Agreement Town Staff Recommendation: Town staff recommends that the Town Council consider and approve the Agency Client Agreement between the Town of Prosper and Zenitram and Associates, d.b.a Municipal Voice. Proposed Motion: I move to approve the Agency Client Agreement between the Town of Prosper and Zenitram and Associates, d.b.a Municipal Voice. Prosper is a place where everyone matters. ADMINISTRATION Item 4b 1209 Constitution Dr., Suite 100 McKinney, TX 75071  972-623-8836 Agency Client Agreement 2014-2015 Fiscal Year Town of Prosper August 6, 2014 I. SERVICES We shall provide such services as set forth in Addendum A attached to this agreement. Addendum A includes 1) a list of specific services that we recognize are direct deliverables to you, and 2) a list of general services that describe the full range of what we will be providing. Services listed in Addendum A will be undertaken until we receive notice from you or someone you designate to change, modify, delete or initiate a service. Additional services can be added by mutual consent. II. FINANCIAL ARRANGEMENTS 1. Fees For services provided in Addendum A, we will bill you a minimum of $3,000 monthly. You will receive an invoice on or about the twentieth day of each month. At any time during the life of this agreement at the request of either party and prior to the end of each period of the agreement, the parties shall discuss any adjustments to the services to be provided and the compensation payable to us. However, until the parties mutually agree on such revised terms, the then-current services and compensation shall remain in effect. 2. Expenses Production Expenses Where we use the services of a supplier to provide services to you, or purchase media on your behalf, and we pay for the services or media instead of you, you agree to pay us the cost of the supplier services together with a mark-up that will yield us 15% of the gross amount as a commission. Depending on our scope of work, these services may include mechanical and art costs (including typography, artwork and comprehensive layouts), news distribution costs (including wire services and mailing houses), audiovisual production costs (including photography, slide and video production), research activities (including market research fees, on-line database charges, clipping services, and focus group costs), producer’s or packager’s fees, and third party spokesperson fees and expenses. We shall have the right to require reasonable assurance of the availability of your funds in advance of undertaking commitments on your behalf. We will obtain your authorization before making any commitments for any expenditure in excess of $100 on your behalf. Charges that are direct-billed to the Town of Prosper will not carry the commission rider. Other Expenses We will also bill you monthly for all incidental and other expenses incurred on your behalf, including, but not limited to, items such as travel, copying, Item 4b Municipal Voice/Town of Prosper Agreement 2 | P a g e 1209 Constitution Dr., Suite 100 McKinney, TX 75071  972-623-8836 messengers, press mailings, and printing. All charges from outside vendors, excluding travel expenses, will be subject to a standard 15% commission, unless other arrangements have been made beforehand. 3. Invoice Payment Terms You agree to pay all undisputed invoices within 30 days. We reserve the right to assess a 1-1/2% per month finance charge for invoices that remain unpaid after 30 days. You also agree to reimburse us for all expenses, including reasonable attorneys’ fees, incurred in the collection of any overdue and unpaid invoices. In the unlikely event that our invoices remain unpaid for more than 30 days, we may also, at our discretion, suspend work on your account. In addition, in the event any invoices become overdue, all subsequent payments may, at our option, first be applied to those invoices, which are overdue for the longest period of time until all payments are up to date. We review each bill for accuracy and value before we send it to you. However, it is important that you also immediately review our bills and approve them for payment. If you cannot approve any portions of our bills, you agree to contact us immediately and to discuss the problem. If you do not inform us of your disapproval of our billings or the overall amount of our ongoing charges, we will continue to provide services in reliance on your implied approval of our billings. III. TERM; TERMINATION The term of this agreement shall commence as of October 1, 2014, and shall continue until September 30, 2015. The term of this agreement shall automatically renew for additional one-year terms unless either party notifies the other that it desires to terminate this agreement. Such notice shall be in writing, and shall be delivered to the other party at least thirty (30) days prior to the expiration of the term. Termination of this agreement requires a written “Letter of Termination.” Our receipt of the Letter of Termination shall cause a 30-day Notification Period to begin. During the Notification Period, the rights, duties and responsibilities of you and us as Client and Agency shall continue in full force and effect, including, but not limited to, us continuing to be ready and willing to render services on your behalf and the payment of all fees, hourly charges, expenses and other sums as provided in this Agreement. In addition, either party may terminate this agreement if (a) a petition under any bankruptcy law is filed by or against the other party, (b) the other party executes an assignment for the benefit of creditors, (c) a receiver is appointed for the other party’s assets, or (d) the other party becomes insolvent or takes advantage of any insolvency or any similar statute. IV. INDEMNIFICATION Because of your intimate familiarity with your business and the fact that we serve as your agent, we cannot undertake to verify all the facts supplied to us by you. Because of this, to the extent allowed by law, you agree to indemnify, defend and hold harmless us from and against all liabilities, losses, damages or expenses, Item 4b Municipal Voice/Town of Prosper Agreement 3 | P a g e 1209 Constitution Dr., Suite 100 McKinney, TX 75071  972-623-8836 including reasonable attorneys’ fees and costs, which we may incur as the result of any claim, suit or proceeding brought or threatened arising out of the nature or use of your products or services or any assertions we may make on your behalf, including assertions about your organization, your products or services, or about your competitors and any of their products or services, in any materials we may prepare for you, if, and only if, the assertions are based on information, representations, reports, data or releases supplied to us by or through you, or which you approve (excluding claims covered under our indemnity below). Likewise, we will indemnify, defend and hold harmless you and your organization, elected and appointed officials, your employees, officers, directors, shareholders, licensees and agents against all liabilities, losses, damages or expenses, including reasonable attorneys’ fees and costs, which you or such other party may incur as the result of any claim, suit or proceeding brought or threatened against you pertaining to libel, slander, defamation, copyright infringement, invasion of privacy and/or plagiarism, except to the extent that such claims arise from information or materials supplied by or through you. In the event we are called upon to respond to or assist you in connection with litigation commenced or threatened against you by third parties (for example, in complying with a document subpoena), we will be entitled to staff time charges and reimbursement of out-of-pocket expenses for services rendered to you, or time spent by us in connection with such matters. After we have issued material to the press or to another third party, its use is no longer under our control. We cannot assure the use of materials by any media, nor that any information published will accurately convey the information provided by us. V. CONFIDENTIALITY Each of us agrees to keep confidential and not to disclose or use for its own benefit or for the benefit of any third party (except as may be required for the performance of services under this agreement or as may be required by law), any information, documents or materials which are identified by a party, at the time that they are made available, to be proprietary or confidential. The confidentiality obligations in the preceding sentence, however, shall not extend to any information, documents, or materials that (a) become publicly available without breach of this provision, (b) are received from a third party without restriction, or (c) are independently developed without reference to information received hereunder from the other party, and provided further that such obligations shall expire upon the first anniversary of the effective date of termination of this contract. VI. RETENTION OF MATERIALS Confidential materials provided to us shall be maintained for a period no longer than two years and, thereafter, either returned to you or discarded, as you direct in writing at the end of our business relationship. If you prefer us to adopt a different practice regarding the retention of confidential materials or, for that matter any materials that are provided to us to perform services under this Agreement, please let us know in writing. Item 4b Municipal Voice/Town of Prosper Agreement 4 | P a g e 1209 Constitution Dr., Suite 100 McKinney, TX 75071  972-623-8836 VII. OWNERSHIP OF MATERIALS We acknowledge and agree that, upon payment of all sums due to us under this Agreement, all photography, brochures, manuals, film, signage, and other materials (collectively referred to as “Materials”) generated by or for us in the performance of this Agreement shall be deemed “work made for hire” and shall, between you and us, be your exclusive property, subject to any third party rights, restrictions or obligations of which we notify you. Likewise, you acknowledge that we retain ownership of all works of authorship created by or for us prior to or separate from the performance of services under this agreement, including, but not limited to, our proprietary information/services, media lists, and third party relationships held by us. VIII. AGREEMENT DISCLOSURE We may publicize our agreement to work with you in the form of press releases and announcements and will immediately include your name in our client roster for the purpose of further business developments efforts. You will be given reasonable opportunity to review and approve all information pertaining to your company prior to public disclosure. You may also be requested to participate in additional activities, such as success stories, references and public relations initiatives. IX. DISPUTE RESOLUTION We hope and expect that our relationship will be mutually beneficial and cooperative. However, in the unlikely event that a dispute arises between us, we both agree to make a good faith effort to resolve our differences by mediation before a mutually agreeable neutral mediator. Each party shall bear half the costs of mediation. In the event that the dispute is not resolved in mediation, either party may seek any legal recourse deemed advisable by that party. X. GENERAL TERMS Nothing contained in this Agreement shall create any partnership or joint venture between the parties and we shall not be deemed to be your employee. We will be acting as your agent when purchasing materials or services on your behalf, and you agree that all orders placed and contracts entered into by us on your behalf with our suppliers and other persons may so state. You acknowledge that we may from time to time use consultants and/or subcontractors in the performance of our services hereunder. This agreement may not be assigned by either party without the prior written consent of the other, and any such purported assignment shall be void. This agreement is made in Texas and shall be construed and interpreted in accordance with the laws of Texas, applicable to contracts made and to be performed entirely therein. This document is a complete and exclusive statement of the terms of this agreement and may not be changed orally but only in writing signed by both parties. Item 4b Municipal Voice/Town of Prosper Agreement 5 | P a g e 1209 Constitution Dr., Suite 100 McKinney, TX 75071  972-623-8836 Please acknowledge your agreement by signing this letter and returning a copy to us. We look forward to a mutually rewarding relationship. Sincerely, Zenitram and Associates, dba Municipal Voice Celso I. Martinez President AGREED TO AND ACCEPTED: By: Title: Date: Item 4b Municipal Voice/Town of Prosper Agreement 6 | P a g e 1209 Constitution Dr., Suite 100 McKinney, TX 75071  972-623-8836 Addendum A 1) Specific Services 1. Minimum of Five Press Releases per Month Based on topics related to any portion of Town services, news and information, the press releases will be developed in cooperation with Town staff and distributed to selected local and regional media outlets. 2. Weekly Resident Updates Each week, an e-mail campaign will be sent to the existing subscriber list with news and information related to Town events and activities, Town Council agendas and Summaries of Town Council meetings. These Resident Updates will be generated with the concurrence of Town staff, and be under the direction of the Town Manager. 3. Monthly Employee Newsletter An internal newsletter directed specifically toward the employee population will appear once a month, and will include news and information either related directly to or intended for employees of the Town of Prosper. 4. Regularly Scheduled Water Bill Inserts Each month, or at the discretion of Utility Billing, we will develop an electronic version of a newsletter aimed at water, storm water and solid waste customers. 5. Updates to Web Site and Social Media Continuous updates to www.prospertx.gov will be part of the program including the addition of news releases, informational documents, and other material intended for outside audiences. In addition, we will maintain the Town’s Facebook and Twitter accounts, as applicable, with content and updates. 6. Advice and Counsel As requested, we will be available for high-quality advice and counsel regarding matters of public debate. Item 4b Municipal Voice/Town of Prosper Agreement 7 | P a g e 1209 Constitution Dr., Suite 100 McKinney, TX 75071  972-623-8836 2) General Services 1. Consultation – communications and public relations consultation in collaborative interaction with Town of Prosper personnel. 2. Facilitation – meeting and seminar facilitation to obtain high-quality, dependable information and input from stakeholders. 3. Conceptualization – creating, defining and processing concepts and ideas to develop targeted message tracks and key learnings. 4. Writing and Editing – clear, concise writing and editing material based on industry-accepted writing style. 5. Story Placement and Pitching – identifying and developing marketable news stories for possible publication in local, regional, industry and national publications and electronic outlets. 6. Presentation Development – creating logical, easy-to-follow, relevant material on any of a variety of presentation platforms such as PowerPoint, PageMaker and others. 7. Video and Audio Production – high quality writing, pre-production, videography, editing, post production and final assembly of multi-media programs. 8. Online Media – designing, formatting, linking, writing and hosting of online media communication services including email marketing, social networking, blogging and podcasting. 9. Print Production Processes – writing, editing, design, mechanicals, proofs, printing and delivery of flyers, brochures, packets, booklets, newsletters, annual reports, and other printed products. 10. Graphic Design and Photography Services – in conjunction with consultants and freelance professional artists and designers, all graphic and photographic services provided. 11. Media Relations and Training – professional intervention with print, broadcast, non-broadcast and social media as well as effective spokesperson training. 12. Crisis Communication – quick, responsive, collaborative development of key messages, crafting of explanatory background, interpretation of events, and clarification messaging for crisis events, activities and incidents. 13. Event Management – cost effective management of events, ensuring that each event’s goals and objectives are met fully and unconditionally. 14. Brand Protection and Defense – constant and consistent safeguarding of the Town of Prosper brand against attacks or other denigration. 15. Bilingual and Bicultural – consistency in messages to all media, whether the format is English or Spanish. Item 4b Page 1 of 2 To: Mayor and Town Council From: Daniel L. Heischman, P.E., Senior Engineer Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon a residential street light standard for Frontier Estates (Planned Development-15). Description of Agenda Item: Grayson-Collin Electric Coop (GCEC) is the electrical provider for the Frontier Estates development which is currently under construction. GCEC wishes to propose a new LED light fixture for the residential streets in the development. Currently, the Town's Subdivision Ordinance requires the following for residential street light standards: 10.2.24.3a Poles are to be round tapered, American style with Barrington base, black in color, or another style if approved by the Town Council. Maximum height not to exceed twelve (12) feet for residential streets and fourteen (14) feet for collectors. 10.2.24.3b Lamp wattages shall be 100 watts Metal Halide. 10.2.24.3c Luminaries shall be Acorn with refractive globes, metal cap and finial. 10.2.24.3d The Developer may install additional banding and/or medallions with prior written approval from the Town Engineer. The cost for maintenance and/or replacement of the banding and/or medallions shall be the responsibility of the Developer or Homeowners Association. 10.2.24.3e Residential lights shall be installed without multiple luminaries. The differences between the proposed light for the Frontier Estates development and the current Town standard are:  Pole style is American style but not a Barrington base.  The lamp wattage is LED, not 100 watts Metal Halide.  Luminaires are Acorn with a metal cap and finial but do not have refractive globes. Prosper is a place where everyone matters. ENGINEERING Item 4c Page 2 of 2 As part of the current evaluation and update of the Town’s Subdivision Ordinance, the requirements for residential street light standards will be revised to allow more flexibility. Until the Subdivision Ordinance is updated, the Town Council can approve another style of residential street light standard. Otherwise, the development will be required to install the current required street light standard. Budget Impact: There is no budget impact to the Town since the electrical provider is responsible for the maintenance of the residential street light standards. Attached Documents: 1. Specification Drawing - Light Fixture Town Staff Recommendation: Town staff recommends that the Town Council approve a residential street light standard for Frontier Estates (Planned Development-15). Proposed Motion: I move to approve a residential street light standard for Frontier Estates (Planned Development- 15). Item 4c Item 4c Page 1 of 3 To: Mayor and Town Council From: Daniel L. Heischman, P.E., Senior Engineer Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon a residential street light standard for Tanner’s Mill (Planned Development- SF-10). Description of Agenda Item: Grayson-Collin Electric Coop (GCEC) is the electrical provider for the Tanner’s Mill development which is currently under construction. GCEC wishes to propose a new LED light fixture for the residential streets in the development. Currently, the Town's Subdivision Ordinance requires the following for residential street light standards: 10.2.24.3a Poles are to be round tapered, American style with Barrington base, black in color, or another style if approved by the Town Council. Maximum height not to exceed twelve (12) feet for residential streets and fourteen (14) feet for collectors. 10.2.24.3b Lamp wattages shall be 100 watts Metal Halide. 10.2.24.3c Luminaries shall be Acorn with refractive globes, metal cap and finial. 10.2.24.3d The Developer may install additional banding and/or medallions with prior written approval from the Town Engineer. The cost for maintenance and/or replacement of the banding and/or medallions shall be the responsibility of the Developer or Homeowners Association. 10.2.24.3e Residential lights shall be installed without multiple luminaries. The differences between the proposed light for the Tanner’s Mill development and the current Town standard are:  Pole style is American style, but does not have a Barrington base.  The lamp wattage is LED, not 100 watts Metal Halide.  Luminaires are not Acorn with refractive globes but do include a metal cap and finial. Prosper is a place where everyone matters. ENGINEERING Item 4d Page 2 of 2 As part of the current evaluation and update of the Town’s Subdivision Ordinance, the requirements for residential street light standards will be revised to allow more flexibility. Until the Subdivision Ordinance is updated, the Town Council can approve another style of residential street light standard. GCEC has already installed the proposed light and is asking for consideration. Otherwise, the development will be required to remove the proposed light and install the current required street light standard. Budget Impact: There is no budget impact to the Town as the new fixture meets the existing agreement the Town has with each electrical provider for residential street lights. Attached Documents: 1. Specification Drawing - Light Fixture 2. Picture of Street Light Fixture to be used Town Staff Recommendation: Town staff recommends that the Town Council approve a residential street light standard for Tanner’s Mill (Planned Development-SF-10). Proposed Motion: I move to approve a residential street light standard for Tanner’s Mill (Planned Development-SF- 10). Ordering Guide Example: UX1 32 G A 1 2 N A 5 E N S N Product Code UX1 UX1 LEDGINE LED 32 32 LED's 48 48 LEDs 64 64 LED's 80 80 LED's Lens G Flat Glass Finish A Black B White G Verde H Bronze I Gray J Green Fasteners 1 Hex Head 2 Allen Head Optics 2 Type II 3 Type III 4 Type IV 5 Type V Color Temperature N 4000K Voltage A 120-277 VAC B 347-480 VAC *4,5 Drive Current 5 530 mA M Multi Tap (350, 530, 700mA)*1,2 Photo Control E 120 VAC Button Eye H 208/240/277 VAC Button Eye N None R Twist-lock Receptacle Dimming Control N None DA 4 Hrs 25% Reduction DB 4 Hrs 50% Reduction DC 4 Hrs 75% Reduction DD 6 Hrs 25% Reduction DE 6 Hrs 50% Reduction DF 6 Hrs 75% Reduction DG 8 Hrs 25% Reduction DH 8 Hrs 50% Reduction DJ 8 Hrs 75% Reduction W Wireless Controls *3 Surge Suppression S Standard Built In <3kV A Additional 10kV/10kA House Side Shield N None H House Side Shield *1 Only Available in UX132 -ships at 530mA. *2 No dimming or 347-480V, available with M *3 Consult Factory for wirless option *4 Can not have 347-480V with a Dynadimmer Dimming Option (DA-DJ) *5 Can NOT use 347-480V with 32LED option(A). NO Dimming (DA-DJ) available with 32LED option(A). Must use Multi Tap (M) with 32LED option(A). Specifications APPLICATIONS: The UX1 is the perfect LED solution for decorative street lighting and is the ideal luminaire for both new and retrofit installations. Other application locations include: residential streets, city streets, campuses and parking lots. The performance, energy savings, and uniformity of this luminaire make it an ideal post top LED solution. CONSTRUCTION: UX1 LEDGINE (UX1)Specification Sheet Project Name:Location:MFG: Philips Hadco Fixture Type:Catalog No.:Qty: ISO 9001:2008 Registered Page 1 of 2 Note: Philips reserves the right to modify the above details to reflect changes in the cost of materials and/or production and/or design without prior notice. 100 Craftway Drive, Littlestown, PA 17340 | P: +1-717-359-7131 F: +1-717-359-9289 | http://www.hadco.com/ | Copyright 2013 Philips HW1 Item 4d Containing no mercury or other hazardous chemicals, the UX1 is fully recyclable. The housing is constructed of low copper die-cast aluminum and a tool less decorative finial holds down the spun aluminum roof. Roof is desiged to allow natural run off of water, dirt and debris. Roof vents for thermal dissipation and convection. Stainless steel screen keeps large insects out and allows for natural water run off. Two captive screws hold down the pod cover. Option for hex head or set screws in the pod. The pod accepts a 3” pole. And the OD of pod is 3 ½”. Concealed aluminum wireway inside of the cage leg is protected from water with a high temperature silicone rubber grommet. LED SPECIFICATIONS: Refer to IES files for energy consumption and delivered lumens for each option. Based on in-situ thermal testing and data from Philips Lumileds and Philips Advance, fixture can be expected to reach 50,000 hours (at >L70 lumen maintenance @ 25°C). The Philips LEDGINE uses Philips Lumileds LEDs. Color temperatures available are ANSI Bin 4000KCCT. Two distributions are available including Type 3 and 5. ELECTRONIC DRIVER: The driver included in the UX1 is the Philips Advance XITANIUM LED driver and is available in single or multiple drive current options (see ordering guide for details and options). Standard driver offers 0-10V dimming capability and universal voltage input from 120-277VAC or 347-480VAC. UX1A is not available with 0-10V dimming or 347-480V. Input frequency is 50-60Hz and all XITANIUM drivers are RoHS compliant. The driver has <3kV surge suppression built in, 10kV is an additional option. Multi Tap driver available for UX1A only - ships at 530mA, 120-277 VAC only, no dimming capability. FINISH: Thermoset polyester powdercoat is electrostatically applied after a five-stage conversion cleaning process and bonded by heat fusion thermosetting. Laboratory tested for superior weatherability and fade resistance in accordance with ASTM B117 specifications. Powdercoat is 3.0 - 6.0 mil thickness. ELECTRICAL ASSEMBLY: Standard: Two captive screws hold down the pod cover. Assembly is removable to allow access to the terminal block. The fixture comes standard with a terminal block that accepts up to 6 G.A. wire. Quick connects are included to easily disconnect the electrical assembly from the wireway. Options: There is an option for a twist lock photocell receptacle or button eye. Optional surge suppression rating available for the UX1 is 10 kV BIL. Enclosure for surge suppression device is constructed of high temperature, flameproof material with an 85°C maximum surface temperature rating. The device consists of a thermally protected transient overvoltage circuit and is designed for use with universal voltage ballasts and drivers. CONTROLS: The Philips Dynadimmer is an option with this fixture. There are 9 standard factory set dimming schedules available. See specification sheet for details. A custom dimming schedule is available by contacting the factory. Wireless dimming options are also available, contact the factory for details. IP RATING: IP66: Dust-tight and sealed against direct jets of water. No Ingress of dust. Will withstand 26.4 gallons of water per minute. Water projected in powerful jets shall not enter the enclosure in harmful quantities. The LED optics chamber is IP66 rated. CERTIFICATIONS: ETL listed to U.S. safety standards for wet locations. cETL listed to Canadian safety standards for wet locations. UL8750 and UL1598 compliant. Vibration tested to ANSI C136.31 for Normal Applications. Manufactured to ISO 9001:2008 Standards. WARRANTY: 5 year extended warranty AWARDS & RECOGNITIONS: Buy American and ARRA Compliant - commercially available off-the-shelf (COTS) product proudly designed and Made in the U.S.A. Listed on the DesignLightsTM Consortium (DLC) Qualified Products List (QPL) - see certification letter(s) for details. OPTIONS: Optional integral surge suppression device tested in accordance with ANSI/IEEE C62.45 per ANSI/IEEE C62.41.2 Scenario I Category C High Exposure 10kV/10kA waveforms for Line-Ground, Line-Neutral and Neutral-Ground. Enclosure for surge suppression device is constructed of high temperature, flameproof material with an 85°C maximum surface temperature rating. The device consists of a thermally protected transient overvoltage circuit and is designed for use with universal voltage ballasts and drivers. Width: 18" (diameter) Height : 28.1" EPA: .45 sq ft Max. Weight: 25 lbs IESNA Classifications: See .ies files. Deprecated: Refer to BUG Ratings. UX1 LEDGINE (UX1)Specification Sheet Project Name:Location:MFG: Philips Hadco Fixture Type:Catalog No.:Qty: ISO 9001:2008 Registered Page 2 of 2 Note: Philips reserves the right to modify the above details to reflect changes in the cost of materials and/or production and/or design without prior notice. 100 Craftway Drive, Littlestown, PA 17340 | P: +1-717-359-7131 F: +1-717-359-9289 | http://www.hadco.com/ | Copyright 2013 Philips HW1 Item 4d Item 4d Page 1 of 1 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon a resolution authorizing the Town Manager to execute on behalf of the Town, deeds, easements, temporary easements, and all other grants and conveyances of property interests related to construction, utilities and development activities. Description of Agenda Item: With the increase in development and construction activity in the Town, it is often necessary for the Town to execute deeds, easements, temporary easements, and other grants and conveyances of property interests. Currently there is not a resolution allowing the Town Manager to timely execute this type of documents and it would be beneficial to allow the Town Manager to execute on behalf of the Town all deeds, easements, temporary easements, and other grants and conveyance of property interests related to construction, utilities and development activities. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Attached Documents: 1. Resolution Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution authorizing the Town Manager to execute on behalf of the Town, deeds, easements, temporary easements, and all other grants and conveyances of property interests related to construction, utilities and development activities. Proposed Motion: I move to approve a resolution authorizing the Town Manager to execute on behalf of the Town, deeds, easements, temporary easements, and all other grants and conveyances of property interests related to construction, utilities and development activities. Prosper is a place where everyone matters. ENGINEERING Item 4e TOWN OF PROSPER, TEXAS RESOLUTION NO. 14-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE ON BEHALF OF THE TOWN DEEDS, EASEMENTS, TEMPORARY EASEMENTS, AND ALL OTHER GRANTS AND CONVEYANCES OF PROPERTY INTERESTS RELATED TO CONSTRUCTION, UTILITIES AND DEVELOPMENT ACTIVITIES, AND FOR THE RECORDING OF SAME; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS RESOLUTION. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) acknowledges that there has been a dramatic increase in development and construction activity in the Town; and WHEREAS, as a consequence, it often is necessary for the Town to execute deeds, easements, temporary easements, and other grants and conveyances of property interests, related to construction, utilities and development activities in the Town; and WHEREAS, the Town Council hereby finds and determines that it will be advantageous, beneficial and in the best interests of the citizens of Prosper to authorize the Town Manager to execute on behalf of the Town those deeds, easements, temporary easements, and other grants and conveyances of property interests related to construction, utilities and development activities, as set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2 From and after the effective date of this Resolution, the Town Manager is hereby authorized and directed to obtain, execute and have recorded on behalf of the Town deeds, easements, temporary easements, and other grants or conveyances of property interests related to construction, utilities and development activities in the Town, and the recording of same in the property records of the appropriate county. SECTION 3 This Resolution shall take effect and be in full force from and after its passage, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS ___ DAY OF AUGUST, 2014. Item 4e Resolution No. 14-__, Page 2 APPROVED: ________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Item 4e To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 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 August 5, 2014 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 Preston Road Elevated Storage Tank Stealth Antenna. Town Staff Recommendation: Town staff recommends the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Item 4f Item 4f Page 1 of 2 To: Mayor and Town Council From: Kent Austin, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider accepting the submission of the certified collection rate of 100 percent for FY 2014- 2015. Description of Agenda Item: Section 26.04 of the Texas Property Tax Code requires that a “taxing unit’s collector shall certify an estimate of the collection rate for the current year to the governing body.” The purpose of this agenda item is to accept formally the certification of the anticipated collection rate used for the General Fund, Debt Service Fund, and the TIRZ Funds for the 2014-2015 fiscal year. The collection rate includes the current taxes, delinquent taxes, penalties, and interest. The table below displays a five-year history of the Town’s tax collection rates. The 2014 numbers are reported as of June 30, 2014. Fiscal year ended Sept. 30 Percent of Current Levy Collected Total Collections as a Percent of Tax Levy 2010 98.77% 99.70% 2011 99.44% 99.80% 2012 99.11% 99.52% 2013 99.24% 99.20% 2014 102.33% 105.70% Attached to this memo is the Collin County Tax Collector’s certification letter for 2014. As in past years, the anticipated collection rate is 100%. Budget Impact: There is no cost associated with this item. Attached Documents: 1. Letter of certification of anticipated collection rate for 2014 Town Staff Recommendation: Town staff recommends that the Town Council accept the submission of the certified collection rate of 100 percent for Fiscal Year 2014-2015. Prosper is a place where everyone matters. FINANCE Item 4g Page 2 of 2 Proposed Motion: I move to accept the submission of the certified collection rate of 100 percent for FY 2014-2015. Item 4g Item 4g Page 1 of 2 To: Mayor and Town Council From: Kent Austin, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon an ordinance establishing the 2014 certified appraisal roll. Description of Agenda Item: Section 26.04 of the Texas Property Tax Code says that a taxing unit’s assessor “shall submit the appraisal roll for the unit showing the total appraised, assessed, and taxable values of all property and the total taxable value of new property to the governing body of the unit by August 1 or as soon thereafter as possible.” The roll lists all the taxable property and values within the Town limits for 2014. The Town will also be required to approve the tax roll after the property tax rate is set. There are four main parts to the property tax system. First, the Denton Central Appraisal District (DCAD) and the Collin Central Appraisal District (CCAD) set the value of the property within Prosper each year. Second, the Appraisal Review Boards (ARB’s) settle any disagreements between the taxpayers and the appraisal districts about the value of property. Third, the Collin County Tax Collector’s Office performs tax collection for the Town by contract. The Office also calculates the effective tax rate and rollback tax rate required by state law. Finally, the Town decides how much money it will need to provide services to the community. This determines the total amount of taxes that will need to be collected and the tax rate required to produce this amount. The total freeze adjusted taxable value on the 2014 appraisal roll, including estimated values under protest, is $1,753,254,918, which is 21.1% higher than last year. The total value before the freeze adjustment is $1,884,904,635. Once the tax rate is approved, the Town will be able to begin collecting its 2014 tax levy (i.e., property tax revenue). These funds will be used to cover operating and maintenance expenses as well as debt service. Budget Impact: There is no cost associated with this item. Legal Obligations and Review: Prosper is a place where everyone matters. FINANCE Item 4h Page 2 of 2 Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved as to form the proposed ordinance. Attached Documents: 1. Proposed Ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance establishing the 2014 certified appraisal roll. Proposed Motion: I move to approve the ordinance establishing the 2014 certified appraisal roll. Item 4h TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-___ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, APPROVING THE 2014 APPRAISAL ROLL; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Central Appraisal District (DCAD) and the Collin Central Appraisal District (CCAD) prepare the certified appraisal rolls and rolls under protest of the taxable property in the Town of Prosper, Texas (Town); and WHEREAS, the Town uses the certified appraisal rolls and rolls under protest received from the DCAD and CCAD to calculate the tax rate and rollback tax rate applicable to taxable property in the Town; and WHEREAS, approval by the Town of the certified appraisal roll is required by state law as an integral part of the Town’s ability to levy and collect property taxes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual determinations of the Town and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 The Town Council hereby approves the certified total taxable (before freeze loss) value on the 2014 appraisal roll of the Town in the amount of $1,884,904,635 assessed valuation, based on the certified appraisal rolls and rolls under protest as approved by the Appraisal Review Boards of the DCAD and the CCAD. SECTION 3 Any and all ordinances, resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of the conflict herewith. SECTION 4 If any section, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof by any persons or circumstances is held invalid in any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and, the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Item 4h Ordinance No. 13-45, Page 2 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ____ TO ____, ON THIS 12TH DAY OF AUGUST, 2014. Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Item 4h Item 4h DENTON County As of Certification2014 CERTIFIED TOTALS C48 - PROSPER TOWN OF Grand TotalsProperty Count: 541 12:20:00PM7/19/2014 Land Value Homesite:13,131,417 Non Homesite:9,891,483 Ag Market:104,173,691 Timber Market:127,196,591Total Land (+)0 Improvement Value Homesite:43,792,654 Non Homesite:1,965,633 Total Improvements (+)45,758,287 Non Real ValueCount Personal Property:10 2,216,018 Mineral Property:00 Autos:00Total Non Real (+)2,216,018 Market Value =175,170,896 ExemptAg Non Exempt 104,173,691 0Total Productivity Market: Ag Use:641,346 0 103,532,345(-)Productivity Loss Timber Use:00 =Appraised Value 71,638,551 Productivity Loss:0103,532,345 125,870(-)Homestead Cap =Assessed Value 71,512,681 (-)Total Exemptions Amount (Breakdown on Next Page) 1,574,543 =Net Taxable 69,938,138 Freeze Assessed Taxable Actual Tax Ceiling Count 570,739 360,070 1,766.73 1,779.00 4DP 5,305,636 4,621,429 22,531.37 23,937.41 32OV65 Total 5,876,375 4,981,499 25,716.41 Freeze Taxable (-)24,298.10 36 4,981,499 Tax Rate 0.520000 Transfer Assessed Taxable Post % Taxable Adjustment Count OV65 197,883 187,883 175,588 12,295 1 Total 197,883 187,883 175,588 Transfer Adjustment (-)12,295 12,2951 =64,944,344Freeze Adjusted Taxable APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE * (TAX RATE / 100)) + ACTUAL TAX 362,008.69 = 64,944,344 * (0.520000 / 100) + 24,298.10 Tax Increment Finance Value:0 Tax Increment Finance Levy:0.00 Page 506 of 1451C48/674000 True Automation, Inc. Item 4h 250 Eldorado Pkwy McKinney, Texas 75069 Metro 469.742.9200 Toll-Free 866.467.1110 Admin Fax 469.742.9209 www.CollinCAD.org Collin Central Appraisal District PROPERTY TAX CODE, SECTION 26.01(a) CERTIFICATION OF 2014 APPRAISAL ROLL FOR: PROSPER TOWN I, Bo Daffin, Chief Appraiser for the Collin Central Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Records of the Collin Central Appraisal District which lists property taxable by PROSPER TOWN and constitutes the appraisal roll for PROSPER TOWN with the amounts listed on the attached totals pages, with the heading “2014 Certified Totals”. July 23, 2014 Signature of Chief Appraiser Date Note: The Collin Central Appraisal District Appraisal Review Board approved the appraisal records on July 18, 2014. PROPERTY TAX CODE, SECTION 26.01(c) CERTIFICATION OF 2014 PROPERTIES UNDER PROTEST AND NOT INCLUDED IN CERTIFIED ROLL ABOVE FOR: PROSPER TOWN I, Bo Daffin, Chief Appraiser for the Collin Central Appraisal District, solemnly swear that the attached is that portion of the Appraisal Records of the Collin Central Appraisal District which lists property taxable by PROSPER TOWN but NOT included on the appraisal roll for PROSPER TOWN, since these properties are currently under Protest. The protested property values are listed on the attached totals pages, with the subheading “Under ARB Review Totals”. If there are no attached pages labeled with the subheading “Under ARB Review Totals” then all protests within PROSPER TOWN were completed by July 18, 2014 and included in the Certified Roll listed above. July 23, 2014 Signature of Chief Appraiser Date *NOTE: Please be advised that the property values appearing on the ‘Under ARB Review Totals’ page in your certified totals packet reflect the current 2014 Market and Taxable Values for the properties Under ARB Review without any Section 26.01(c) adjustments. In order to arrive at the taxable value to use for the effective tax rate calculations for your entity, you will need to use the taxable value from the ‘ARB Approved Totals’ page, along with the ’Total Value Used’ that appears in the Lower Value Used section on the Effective Rate Assumption page. The Total Value Used on the Effective Rate Assumption page is the assessed value Under ARB Review that has been calculated in accordance with Property Tax Code, Section 26.01(c). The ‘Grand Totals’ page is the combined ‘ARB Approved Totals’ plus the ‘Under ARB Review Totals’ – which have not been adjusted. (The formula for calculating the total taxable remaining under protest is as follows: Taxable Value from “ARB Approved Totals” plus Total Value Used from the “Effective Rate Assumptions” Lower Value Used section minus Total Exemptions amount from the “Under ARB Review Totals”.) Rev. 2012.07 Item 4h Collin CAD As of Certification2014 CERTIFIED TOTALS CPR - PROSPER TOWN Grand TotalsProperty Count: 6,406 9:14:50AM7/24/2014 Land Value Homesite:425,927,684 Non Homesite:244,044,265 Ag Market:450,794,725 Timber Market:1,120,766,674Total Land (+)0 Improvement Value Homesite:1,108,851,129 Non Homesite:112,952,955 Total Improvements (+)1,221,804,084 Non Real ValueCount Personal Property:454 53,798,609 Mineral Property:00 Autos:00Total Non Real (+)53,798,609 Market Value =2,396,369,367 ExemptAg Non Exempt 450,794,725 0Total Productivity Market: Ag Use:940,537 0 449,854,188(-)Productivity Loss Timber Use:00 =Appraised Value 1,946,515,179 Productivity Loss:0449,854,188 7,769,932(-)Homestead Cap =Assessed Value 1,938,745,247 TotalCountExemption Local State CH 2 73,663 0 73,663 DP 55 142,980 0 142,980 DV1 20 0 121,000 121,000 DV2 17 0 150,000 150,000 DV3 9 0 92,000 92,000 DV4 15 0 84,000 84,000 DV4S 1 0 12,000 12,000 DVHS 15 0 4,976,439 4,976,439 EX-XV 273 0 109,653,748 109,653,748 EX366 21 0 4,236 4,236 LVE 3 1,592,665 0 1,592,665 OV65 432 4,227,400 0 4,227,400 PC 4 2,648,619 0 2,648,619 (-)Total Exemptions 123,778,750 =Net Taxable 1,814,966,497 Freeze Assessed Taxable Actual Tax Ceiling Count 13,230,286 10,878,409 50,111.16 53,046.19 50DP 120,743,396 115,725,019 544,020.17 554,691.50 360OV65 Total 133,973,682 126,603,428 607,737.69 Freeze Taxable (-)594,131.33 410 126,603,428 Tax Rate 0.520000 Transfer Assessed Taxable Post % Taxable Adjustment Count DP 382,275 379,275 352,208 27,067 1 OV65 612,357 602,357 576,929 25,428 1 Total 994,632 981,632 929,137 Transfer Adjustment (-)52,495 52,4952 =1,688,310,574Freeze Adjusted Taxable APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE * (TAX RATE / 100)) + ACTUAL TAX 9,373,346.31 = 1,688,310,574 * (0.520000 / 100) + 594,131.33 Page 4 of 9CPR/519020 True Automation, Inc. Item 4h Page 1 of 2 To: Mayor and Town Council From: Kent Austin, Finance Director Though: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider accepting submission of the 2014 effective tax rate of $0.468183 per $100 taxable value and the rollback tax rate of $0.429220 per $100 taxable value. Description of Agenda Item: State law requires municipalities to submit to their governing boards and publish in a local newspaper a notice showing their effective and rollback tax rates and the notice-and-hearing limit for the upcoming fiscal year. The effective tax rate will produce the same amount of tax revenue if applied to the same properties in both years. The rollback rate is the highest tax rate the Town can set before taxpayers can initiate rollback procedures. All taxing units that levied property taxes in 2013 and intend to levy them in 2014 must calculate an effective tax rate and a rollback tax rate. Although the actual calculation is more detailed, the Town’s effective tax rate is generally equal to the prior year’s taxes divided by the current taxable value of properties that were also on the tax roll in the prior year. The effective tax rate is intended to enable the public to evaluate the relationship between taxes for the current year and taxes that a proposed tax rate would produce if applied to the same properties taxed in both years. The rollback rate calculation is split into two separate components: an operating and maintenance rate and a debt rate. The rollback rate calculation allows municipalities to raise 108 percent of the prior year’s operating and maintenance money, plus the necessary debt rate. State law also requires municipalities to publish the effective and rollback tax rates, and to hold two public hearings if the proposed tax rate exceeds the lower of the effective or rollback tax rate. Because the Town’s proposed tax rate of $0.5200 is higher than the effective tax rate of $0.468183 and the rollback rate of $0.429220, the Town will have to hold public hearings on the tax rate. Budget Impact: There is no cost associated with this item. Attached Documents: 1. Effective Tax Rate Worksheet for Town of Prosper 2014 Prosper is a place where everyone matters. FINANCE Item 4i Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council accept the submission of the 2014 effective tax rate of $0.468183 per $100 taxable value and the rollback tax rate of $0.429220 per $100 taxable value. Proposed Motion: I move to accept the submission of the 2014 effective tax rate of $0.468183 per $100 taxable value and the rollback tax rate of $0.429220 per $100 taxable value. Item 4i 2014 Effective Tax Rate Worksheet Town of Prosper Date: 08/08/2014 08:17 AM 1. 2013 total taxable value. Enter the amount of 2013 taxable value on the 2013 tax roll today. Include any adjustments since last year's certification; exclude Tax Code Section 25.25(d) one-third over-appraisal corrections from these adjustments. This total includes the taxable value of homesteads with tax ceilings (will deduct in Line 2) and the captured value for tax increment financing (will deduct taxes in Line 14). $1,560,617,869 2. 2013 tax ceilings. Counties, cities and junior college districts. Enter 2013 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision in 2013 or a prior year for homeowners age 65 or older or disabled, use this step. $109,820,827 3. Preliminary 2013 adjusted taxable value. Subtract Line 2 from Line 1.$1,450,797,042 4. 2013 total adopted tax rate.$0.520000/$100 5. 2013 taxable value lost because court appeals of ARB decisions reduced 2013 appraised value. A. Original 2013 ARB Values. B. 2013 values resulting from final court decisions. C. 2013 value loss. Subtract B from A. $0 $0 $0 6. 2013 taxable value, adjusted for court-ordered reductions. Add Line 3 and Line 5C.$1,450,797,042 7. 2013 taxable value of property in territory the taxing unit deannexed after Jan. 1, 2013. Enter the 2013 value of property in deannexed territory.$0 8. 2013 taxable value lost because property first qualified for an exemption in 2014. Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost to freeport or goods-in-transit exemptions. A. Absolute exemptions. Use 2013 market value: B. Partial exemptions. 2014 exemption amount or 2014 percentage exemption times 2013 value: C. Value loss. Add A and B. $1,744,199 $1,088,836 $2,833,035 9. 2013 taxable value lost because property first qualified for agricultural appraisal (1- d or 1-d-1), timber appraisal, recreational/scenic appraisal or public access airport special appraisal in 2014. Use only properties that qualified in 2014 for the first time; do not use properties that qualified in 2013. A. 2013 market value: B. 2014 productivity or special appraised value: C. Value loss. Subtract B from A. $0 $0 $0 10. Total adjustments for lost value. Add lines 7, 8C and 9C.$2,833,035 Item 4i 11. 2013 adjusted taxable value. Subtract Line 10 from Line 6.$1,447,964,007 12. Adjusted 2013 taxes. Multiply Line 4 by line 11 and divide by $100.$7,529,412 13. Taxes refunded for years preceding tax year 2013. Enter the amount of taxes refunded by the taxing unit for tax years preceding tax year 2013. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2013. This line applies only to tax years preceding tax year 2013. $939 14. Taxes in tax increment financing (TIF) for tax year 2013. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2014 captured appraised value in Line 16D, enter 0. $0 15. Adjusted 2013 taxes with refunds and TIF adjustment. Add Lines 12 and 13, subtract Line 14. $7,530,351 16. Total 2014 taxable value on the 2014 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings (will deduct in Line 18). These homesteads include homeowners age 65 or older or disabled. A. Certified values: B. Counties: Include railroad rolling stock values certified by the Comptroller's office: C. Pollution control exemption: Deduct the value of property exempted for the current tax year for the first time as pollution control property: D. Tax increment financing: Deduct the 2014 captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which the 2014 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in Line 21 below. E. Total 2014 value. Add A and B, then subtract C and D. $1,858,419,927 $0 $0 $0 $1,858,419,927 17. Total value of properties under protest or not included on certified appraisal roll. A. 2014 taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the appraisal district's value and the taxpayer's claimed value, if any, or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value. B. 2014 value of properties not under protest or included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about, but are not included in the appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value. C. Total value under protest or not certified: Add A and B. $23,576,280 $0 $23,576,280 18. 2014 tax ceilings. Counties, cities and junior colleges enter 2014 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision $130,904,698 Item 4i in 2013 or a prior year for homeowners age 65 or older or disabled, use this step. 19. 2014 total taxable value. Add Lines 16E and 17C. Subtract Line 18.$1,751,091,509 20. Total 2014 taxable value of properties in territory annexed after Jan. 1, 2013. Include both real and personal property. Enter the 2014 value of property in territory annexed. $0 21. Total 2014 taxable value of new improvements and new personal property located in new improvements. New means the item was not on the appraisal roll in 2013. An improvement is a building, structure, fixture or fence erected on or affixed to land. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the taxing unit after Jan. 1, 2013, and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2014. $142,671,100 22. Total adjustments to the 2014 taxable value. Add Lines 20 and 21.$142,671,100 23. 2014 adjusted taxable value. Subtract Line 22 from Line 19.$1,608,420,409 24. 2014 effective tax rate. Divide Line 15 by Line 23 and multiply by $100.$0.468183/$100 25. COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2014 county effective tax rate. A county, city or hospital district that adopted the additional sales tax in November 2013 or in May 2014 must adjust its effective tax rate. The Additional Sales Tax Rate Worksheet sets out this adjustment. Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on these dates. Item 4i 2014 Rollback Tax Rate Worksheet Town of Prosper Date: 08/08/2014 26. 2013 maintenance and operations (M&O) tax rate.$0.326191/$100 27. 2013 adjusted taxable value. Enter the amount from Line 11.$1,447,964,007 28. 2013 M&O taxes. A. Multiply Line 26 by Line 27 and divide by $100. B. Cities, counties and hospital districts with additional sales tax: Amount of additional sales tax collected and spent on M&O expenses in 2013. Enter amount from full year's sales tax revenue spent for M&O in 2013 fiscal year, if any. Other taxing units enter 0. Counties exclude any amount that was spent for economic development grants from the amount of sales tax spent. C. Counties: Enter the amount for the state criminal justice mandate. If second or later year, the amount is for increased cost above last year's amount. Other taxing units enter 0. D. Transferring function: If discontinuing all of a department, function or activity and transferring it to another taxing unit by written contract, enter the amount spent by the taxing unit discontinuing the function in the 12 months preceding the month of this calculation. If the taxing unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the taxing unit operated the function. The taxing unit discontinuing the function will subtract this amount in H below. The taxing unit receiving the function will add this amount in H below. Other taxing units enter 0. E. Taxes refunded for years preceding tax year 2013: Enter the amount of M&O taxes refunded in the preceding year for taxes before that year. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2013. This line applies only to tax years preceding tax year 2013. F. Enhanced indigent health care expenditures: Enter the increased amount for the current year's enhanced indigent health care expenditures above the preceding tax year's enhanced indigent health care expenditures, less any state assistance. G. Taxes in TIF: Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2014 captured appraised value in Line 16D, enter 0. H. Adjusted M&O Taxes. Add A, B, C, E and F. For unit with D, subtract if discontinuing function and add if receiving function. Subtract G. $4,723,128 $0 $0 $0 $572 $0 $0 $4,723,700 29. 2014 adjusted taxable value. Enter Line 23 from the Effective Tax Rate Worksheet.$1,608,420,409 30. 2014 effective maintenance and operations rate. Divide Line 28H by Line 29 and multiply by $100.$0.293686/$100 31. 2014 rollback maintenance and operation rate. Multiply Line 30 by 1.08.$0.317180/$100 32. Total 2014 debt to be paid with property taxes and additional sales tax revenue. "Debt" means the interest and principal that will be paid on debts that: Item 4i (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the taxing unit's budget as M&O expenses A. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue. Do not include appraisal district budget payments. List the debt in Schedule B: Debt Service. B. Subtract unencumbered fund amount used to reduce total debt. C. Subtract amount paid from other resources. D. Adjusted debt. Subtract B and C from A. $2,852,565 $0 $0 $2,852,565 33. Certified 2013 excess debt collections. Enter the amount certified by the collector.$0 34. Adjusted 2014 debt. Subtract Line 33 from Line 32D.$2,852,565 35. Certified 2014 anticipated collection rate. Enter the rate certified by the collector. If the rate is 100 percent or greater, enter 100 percent.100.00% 36. 2014 debt adjusted for collections. Divide Line 34 by Line 35 $2,852,565 37. 2014 total taxable value. Enter the amount on Line 19.$1,751,091,509 38. 2014 debt tax rate. Divide Line 36 by Line 37 and multiply by $100.$0.162902/$100 39. 2014 rollback tax rate. Add Lines 31 and 38.$0.480082/$100 40. COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the 2014 county rollback tax rate. A taxing unit that adopted the additional sales tax must complete the lines for the Additional Sales Tax Rate. A taxing unit seeking additional rollback protection for pollution control expenses completes the Additional Rollback Protection for Pollution Control. Item 4i 2014 Additional Sales Tax Rate Worksheet Town of Prosper Date: 08/08/2014 41. Taxable Sales. For taxing units that adopted the sales tax in November 2013 or May 2014, enter the Comptroller's estimate of taxable sales for the previous four quarters. Taxing units that adopted the sales tax before November 2013, skip this line. $0 42. Estimated sales tax revenue. Counties exclude any amount that is or will be spent for economic development grants from the amount of estimated sales tax revenue. Taxing units that adopted the sales tax in November 2013 or in May 2014. Multiply the amount on Line 41 by the sales tax rate (.01, .005 or .0025, as applicable) and multiply the result by .95. - or - Taxing units that adopted the sales tax before November 2013. Enter the sales tax revenue for the previous four quarters. Do not multiply by .95. $890,625 43. 2014 total taxable value. Enter the amount from Line 37 of the Rollback Tax Rate Worksheet.$1,751,091,509 44. Sales tax adjustment rate. Divide Line 42 by Line 43 and multiply by $100.$0.050862/$100 45. 2014 effective tax rate, unadjusted for sales tax. Enter the rate from Line 24 or 25, as applicable, on the Effective Tax Rate Worksheet.$0.468183/$100 46. 2014 effective tax rate, adjusted for sales tax. Taxing units that adopted the sales tax in November 2013 or in May 2014. Subtract Line 44 from Line 45. Skip to Line 47 if you adopted the additional sales tax before November 2013. $0.468183/$100 47. 2014 rollback tax rate, unadjusted for sales tax. Enter the rate from Line 39 or 40, as applicable, of the Rollback Tax Rate Worksheet.$0.480082/$100 48. 2014 rollback tax rate, adjusted for sales tax. Subtract Line 44 from Line 47.$0.429220/$100 Item 4i Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Presentation of service plan and second public hearing to consider the involuntary annexation of a 2.3± acre tract of land, located on the east side of Dallas Parkway, 500± feet south of First Street. (A14-0001). Description of Agenda Item: In 2009, the Town entered into multiple five-year Annexation Agreements with the remaining unincorporated properties within Collin County and in the Town’s Extraterritorial Jurisdiction (ETJ). The Town has offered to extend these Agreements to all properties that continue to maintain their Agricultural use property tax exemption. The subject property no longer has an Agricultural exempt status. Therefore, Town staff recommends moving forward with the involuntary annexation of the property. The schedule for involuntary annexation, which is attached, calls for two public hearings to be held. This is the second public hearing. The first of public hearing was held on July 22, 2014. The map of the proposed annexation, service plan, and annexation schedule are attached. Legal Obligations and Review: The Town Attorney reviewed the annexation schedule to ensure compliance with state law. Annexation notices have been mailed to the property owners per state law and the annexation schedule. The public hearing notice for the second public hearing has been published in the newspaper and placed on the Town’s website per state law and the annexation schedule. Attached Documents: 1. Map of the proposed 2014 Annexations. 2. The 2014 Annexation Service Plan. 3. The 2014 Annexation Schedule. Town Staff Recommendation: Town staff recommends the Town Council conduct the second public hearing to consider the involuntary annexation of a 2.3± acre tract of land located on the east side of Dallas Parkway, 500± feet south of First Street, and to receive comments from the public. Proposed Motion: Once the public hearing has been held, no further action is required for this item. Prosper is a place where everyone matters. PLANNING Item 6 2.313 Ac. 18.004 Ac.LACIMABLVDE PROSPER TRL N COLEMAN ST E UNIVERSITY DR RICHLA N D B L V D W FRONTIER PKWY E FIRST STNPRESTONRD W UNIVERSITY DR W PROSPER TRL W FIRST ST S COIT RDE FRONTIER PKWY S PRESTON RDFM 1461 S DALLAS PKWYNCOITRDCR 123NCUSTERRD SCOLEMANSTTALONLNN DALLAS PKWY^_Source: Town of Prosper, PlanningDate: June 16, 2014 Proposed Annexations 2014DISCLAIMER. The Town of Prosper has prepared this mapor information for internal use only. It is made availableunder the Public Information Act. Any reliance on this mapor information is AT YOUR OWN RISK. Prosper assumes noliability for any errors, omissions, or inaccuracies in the mapor information regardless of the cause of such or for anydecision made, action taken, or action not taken in relianceupon any maps or information provided herein. Prospermakes no warranty, representation, or guarantee of any kindregarding any maps or information provided herein or thesources of such maps or information and DISCLAIMS ALLREPRESENTATIONS AND WARRANTIES, EXPRESSED ANDIMPLIED, including the implied warranties of merchantabilityand fitness for a particular purpose. Legend Town Limits Railroad Major Roads Minor Roads Parcels Town ETJ Proposed Annexations 2014 (20.317 Acres Total)0 0.5 10.25 Miles O Item 6 SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. _______________ DATE OF ANNEXATION ORDINANCE: _____________, 2014 Municipal Services to the area of land depicted in Exhibit A shall be furnished by or on behalf of the Town of Prosper, Texas ("Town") at the following levels and in accordance with the following schedule: A. POLICE PROTECTION: Police personnel and equipment from the Prosper Police Department shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas of the Town, on the effective date of this Ordinance. B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES: Fire protection and Emergency Medical Services (EMS) from the Town shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas of the Town, on the effective date of this Ordinance. C. FIRE PREVENTION / INVESTIGATION: The services of the Town of Prosper Fire Department shall be provided to the area on the effective date of this Ordinance. The non-emergency services of fire prevention and fire investigation will be added to the list of services provided by the Prosper Fire Department. D. SOLID WASTE COLLECTION: Solid waste collection shall be provided to the area annexed upon request on the effective date of this Ordinance up to the second anniversary of the annexation. After that time, residents will be required to use the Town’s solid waste collection company. The collection of refuse from individual properties shall be made in accordance with the Town’s usual solid waste collection scheduling. E. WATER SERVICE: 1. This area is currently serviced by the Town’s water distribution system. Future expansion and extensions of the Town’s Water Distribution System will provide better flow rates and line pressures, and in accordance with applicable Town codes and policies. 2. Maintenance of private lines will be the responsibility of the owner or occupant. Item 6 F. SANITARY SEWER SERVICE: 1. The annexed area will be provided sanitary sewer service in accordance with applicable codes and departmental policy. When development occurs in adjacent areas, sanitary sewer service shall be provided in accordance with applicable Town codes and policies, including extensions of service. 2. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. G. ROADS AND STREETS / STREET LIGHTING: 1. Operation and maintenance of private streets in the annexed area will be the responsibility of the owner. 2. Operation and maintenance of public streets in the annexed area will be provided by the Town on the effective date of this Ordinance. 3. The Town will coordinate any request for improved street lighting with the local electric provider in accordance with Town policy. H. PARKS AND RECREATION: Residents within the area annexed may utilize all existing Town park and recreation facilities, on the effective date of this Ordinance. Fees for such usage shall be in accordance with current fees established by Town ordinance. I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES: 1. Enforcement of current environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances and animal control ordinances, shall begin within this area on the effective date of the annexation. 2. Inspection services, including but not limited to, the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with Town codes and ordinances will be provided on the effective date of the annexation. J. MISCELLANEOUS: Any publicly owned facility, building, or service located within the annexed area shall be maintained by the Town on the effective date of the annexation ordinance. All other applicable municipal services shall be provided to the annexation area in accordance with the Town’s established policies governing extension of municipal services to newly annexed areas. Item 6 2014 Annexation Schedule Annexation Petition and Materials Submitted to TSO by Noon Mail Notice of Intent to Annex to Property Owners and Other Entities (30 days prior to 1st PH) Town Council Considers Petition at Regular Meeting (5-30 days after petition submission) Newspaper Deadline for Notice of 1st PH Notice of 1st PH Published in Newspaper and Posted on Website (10-20 days prior to 1st PH) 1st PH Held by Town Council at Regular Meeting Newspaper Deadline for Notice of 2nd PH Notice of 2nd PH Published in Newspaper and Posted on Website (10-20 days prior to 2nd PH) 2nd PH Held by Town Council at Regular Meeting Annexation Ordinance Considered by Council at Regular Meeting (20-40 days after 2nd PH) Monday Friday Tuesday Friday Wednesday Tuesday Friday Wednesday Tuesday Tuesday 1/6/14 1/24/14 1/28/14 2/7/14 2/12/14 2/25/14 2/21/14 2/26/14 3/11/14 4/8/14 2/3/14 2/21/14 2/25/14 3/7/14 3/12/14 3/25/14 3/21/14 3/26/14 4/8/14 5/13/14 3/3/14 3/21/14 3/25/14 4/4/14 4/9/14 4/22/14 4/18/14 4/23/14 5/13/14 6/10/14 4/7/14 4/25/14 4/22/14 5/9/14 5/14/14 5/27/14 5/23/14 5/28/14 6/10/14 7/8/14 5/5/14 5/23/14 5/27/14 6/6/14 6/11/14 6/24/14 6/20/14 6/25/14 7/8/14 8/12/14 6/2/14 6/20/14 6/24/14 7/3/14 (Thursday) 7/9/14 7/22/14 7/18/14 7/23/14 8/12/14 9/9/14 7/7/14 7/25/14 7/22/14 8/8/14 8/13/14 8/26/14 8/22/14 8/27/14 9/9/14 10/14/14 8/4/14 8/22/14 8/26/14 9/5/14 9/10/14 9/23/14 9/19/14 9/24/14 10/14/14 11/11/14 9/8/14 9/26/14 9/23/14 10/10/14 10/15/14 10/28/14 10/24/14 10/29/14 11/11/14 12/9/14 10/6/14 10/24/14 10/28/14 11/7/14 11/12/14 11/25/14 11/21/14 11/26/14 12/9/14 1/13/15 11/3/14 11/21/14 11/25/14 12/5/14 12/10/14 12/23/14 12/19/14 12/24/14 1/13/15 2/10/15 12/8/14 12/26/14 12/23/14 1/9/15 1/14/15 1/27/15 1/23/15 1/28/15 2/10/15 3/10/15 Item 6 Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Presentation of service plan and second public hearing to consider the involuntary annexation of a 18.0± acre tract of land, located 800± feet south of Prosper Trail, 4,500± feet east of Coit Road. (A14-0002). Description of Agenda Item: In 2009, the Town entered into multiple five-year Annexation Agreements with the remaining unincorporated properties within Collin County and in the Town’s Extraterritorial Jurisdiction (ETJ). The Town has offered to extend these Agreements to all properties that continue to maintain their Agricultural use property tax exemption. The owner of the subject property did not respond to the two offer letters from the Town (regular mail and certified mail) to extend the Annexation Agreement. Therefore, Town staff recommends moving forward with the involuntary annexation of the property. The schedule for involuntary annexation, which is attached, calls for two public hearings to be held. This is the second public hearing. The first public hearing was held on July 22, 2014. The map of the proposed annexation, service plan, and annexation schedule are attached. Legal Obligations and Review: The Town Attorney reviewed the annexation schedule to ensure compliance with state law. Annexation notices have been mailed to the property owners per state law and the annexation schedule. The public hearing notice for the first public hearing has been published in the newspaper and placed on the Town’s website per state law and the annexation schedule. Attached Documents: 1. Map of the proposed 2014 Annexations. 2. The 2014 Annexation Service Plan. 3. The 2014 Annexation Schedule. Town Staff Recommendation: Town staff recommends the Town Council conduct the second public hearing to consider the involuntary annexation of an 18.0± acre tract of land, located 800± feet south of Prosper Trail, 4,500± feet east of Coit Road, and receive comments from the public. Proposed Motion: Once the public hearing has been held, no further action is required for this item. Prosper is a place where everyone matters. PLANNING Item 7 2.313 Ac. 18.004 Ac.LACIMABLVDE PROSPER TRL N COLEMAN ST E UNIVERSITY DR RICHLA N D B L V D W FRONTIER PKWY E FIRST STNPRESTONRD W UNIVERSITY DR W PROSPER TRL W FIRST ST S COIT RDE FRONTIER PKWY S PRESTON RDFM 1461 S DALLAS PKWYNCOITRDCR 123NCUSTERRD SCOLEMANSTTALONLNN DALLAS PKWY^_Source: Town of Prosper, PlanningDate: June 16, 2014 Proposed Annexations 2014DISCLAIMER. The Town of Prosper has prepared this mapor information for internal use only. It is made availableunder the Public Information Act. Any reliance on this mapor information is AT YOUR OWN RISK. Prosper assumes noliability for any errors, omissions, or inaccuracies in the mapor information regardless of the cause of such or for anydecision made, action taken, or action not taken in relianceupon any maps or information provided herein. Prospermakes no warranty, representation, or guarantee of any kindregarding any maps or information provided herein or thesources of such maps or information and DISCLAIMS ALLREPRESENTATIONS AND WARRANTIES, EXPRESSED ANDIMPLIED, including the implied warranties of merchantabilityand fitness for a particular purpose. Legend Town Limits Railroad Major Roads Minor Roads Parcels Town ETJ Proposed Annexations 2014 (20.317 Acres Total)0 0.5 10.25 Miles O Item 7 SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. _______________ DATE OF ANNEXATION ORDINANCE: _____________, 2014 Municipal Services to the area of land depicted in Exhibit A shall be furnished by or on behalf of the Town of Prosper, Texas ("Town") at the following levels and in accordance with the following schedule: A. POLICE PROTECTION: Police personnel and equipment from the Prosper Police Department shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas of the Town, on the effective date of this Ordinance. B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES: Fire protection and Emergency Medical Services (EMS) from the Town shall be provided to the area annexed, at a level consistent with current methods and procedures presently provided to similar areas of the Town, on the effective date of this Ordinance. C. FIRE PREVENTION / INVESTIGATION: The services of the Town of Prosper Fire Department shall be provided to the area on the effective date of this Ordinance. The non-emergency services of fire prevention and fire investigation will be added to the list of services provided by the Prosper Fire Department. D. SOLID WASTE COLLECTION: Solid waste collection shall be provided to the area annexed upon request on the effective date of this Ordinance up to the second anniversary of the annexation. After that time, residents will be required to use the Town’s solid waste collection company. The collection of refuse from individual properties shall be made in accordance with the Town’s usual solid waste collection scheduling. E. WATER SERVICE: 1. This area is currently serviced by the Town’s water distribution system. Future expansion and extensions of the Town’s Water Distribution System will provide better flow rates and line pressures, and in accordance with applicable Town codes and policies. 2. Maintenance of private lines will be the responsibility of the owner or occupant. Item 7 F. SANITARY SEWER SERVICE: 1. The annexed area will be provided sanitary sewer service in accordance with applicable codes and departmental policy. When development occurs in adjacent areas, sanitary sewer service shall be provided in accordance with applicable Town codes and policies, including extensions of service. 2. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. G. ROADS AND STREETS / STREET LIGHTING: 1. Operation and maintenance of private streets in the annexed area will be the responsibility of the owner. 2. Operation and maintenance of public streets in the annexed area will be provided by the Town on the effective date of this Ordinance. 3. The Town will coordinate any request for improved street lighting with the local electric provider in accordance with Town policy. H. PARKS AND RECREATION: Residents within the area annexed may utilize all existing Town park and recreation facilities, on the effective date of this Ordinance. Fees for such usage shall be in accordance with current fees established by Town ordinance. I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES: 1. Enforcement of current environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances and animal control ordinances, shall begin within this area on the effective date of the annexation. 2. Inspection services, including but not limited to, the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with Town codes and ordinances will be provided on the effective date of the annexation. J. MISCELLANEOUS: Any publicly owned facility, building, or service located within the annexed area shall be maintained by the Town on the effective date of the annexation ordinance. All other applicable municipal services shall be provided to the annexation area in accordance with the Town’s established policies governing extension of municipal services to newly annexed areas. Item 7 2014 Annexation Schedule Annexation Petition and Materials Submitted to TSO by Noon Mail Notice of Intent to Annex to Property Owners and Other Entities (30 days prior to 1st PH) Town Council Considers Petition at Regular Meeting (5-30 days after petition submission) Newspaper Deadline for Notice of 1st PH Notice of 1st PH Published in Newspaper and Posted on Website (10-20 days prior to 1st PH) 1st PH Held by Town Council at Regular Meeting Newspaper Deadline for Notice of 2nd PH Notice of 2nd PH Published in Newspaper and Posted on Website (10-20 days prior to 2nd PH) 2nd PH Held by Town Council at Regular Meeting Annexation Ordinance Considered by Council at Regular Meeting (20-40 days after 2nd PH) Monday Friday Tuesday Friday Wednesday Tuesday Friday Wednesday Tuesday Tuesday 1/6/14 1/24/14 1/28/14 2/7/14 2/12/14 2/25/14 2/21/14 2/26/14 3/11/14 4/8/14 2/3/14 2/21/14 2/25/14 3/7/14 3/12/14 3/25/14 3/21/14 3/26/14 4/8/14 5/13/14 3/3/14 3/21/14 3/25/14 4/4/14 4/9/14 4/22/14 4/18/14 4/23/14 5/13/14 6/10/14 4/7/14 4/25/14 4/22/14 5/9/14 5/14/14 5/27/14 5/23/14 5/28/14 6/10/14 7/8/14 5/5/14 5/23/14 5/27/14 6/6/14 6/11/14 6/24/14 6/20/14 6/25/14 7/8/14 8/12/14 6/2/14 6/20/14 6/24/14 7/3/14 (Thursday) 7/9/14 7/22/14 7/18/14 7/23/14 8/12/14 9/9/14 7/7/14 7/25/14 7/22/14 8/8/14 8/13/14 8/26/14 8/22/14 8/27/14 9/9/14 10/14/14 8/4/14 8/22/14 8/26/14 9/5/14 9/10/14 9/23/14 9/19/14 9/24/14 10/14/14 11/11/14 9/8/14 9/26/14 9/23/14 10/10/14 10/15/14 10/28/14 10/24/14 10/29/14 11/11/14 12/9/14 10/6/14 10/24/14 10/28/14 11/7/14 11/12/14 11/25/14 11/21/14 11/26/14 12/9/14 1/13/15 11/3/14 11/21/14 11/25/14 12/5/14 12/10/14 12/23/14 12/19/14 12/24/14 1/13/15 2/10/15 12/8/14 12/26/14 12/23/14 1/9/15 1/14/15 1/27/15 1/23/15 1/28/15 2/10/15 3/10/15 Item 7 Page 1 of 5 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon a request to rezone 93.2± acres, located on the northwest corner of Prosper Trail and Coit Road, from Agricultural (A) and Single Family-15 (SF-15) to Planned Development-Single Family-15/Office (PD-SF-15/O). (Z14-0008). History: On July 1, 2014, the Planning & Zoning Commission recommended the Town Council rezone the entire subject property to straight Single Family-15 (SF-15). Following the Planning & Zoning Commission meeting, the applicant amended their zoning application to request straight SF-15 zoning for the property, instead of a Planned Development (PD) District. On July 22, 2014, the Town Council tabled this item to allow the applicant an opportunity to modify the request from straight SF-15 zoning, to a PD to allow for a development that includes a maximum density of 1.6 dwelling units per acre (du/ac) in accordance with the Comprehensive Plan. Since the Town Council meeting, the applicant has revised their request to a PD, with proposed development standards, including a maximum density of 1.6 du/ac. Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Agricultural and Single Family-15 Undeveloped Low Density Residential North Planned Development-29- Single Family-15 and Single Family-15 Single Family Residential (Whispering Meadows and Highland Meadows) and Undeveloped Low Density Residential East Planned Development-1- Single Family and Retail Single Family Residential (Gentle Creek Estates) and Undeveloped Low Density Residential and Retail & Neighborhood Services Prosper is a place where everyone matters. PLANNING Item 8 Page 2 of 5 South Single Family-15 and Office Single Family Residential (Deer Run and Raewood on Preston) and Undeveloped Low Density Residential West Single Family-15 Single Family Residence and Undeveloped Low Density Residential Requested Zoning – Z14-0008 is a request to rezone 93.2± acres, located on the northwest corner of Prosper Trail and Coit Road, from Agricultural (A) and Single Family-15 (SF-15) to Planned Development-Single Family (PD-SF). The PD-SF regulations are attached. The proposed PD-SF District allows for a development with a maximum density of 1.6 du/ac. In addition, the proposed PD-SF allows for three sub-districts, as shown on the attached Zoning Exhibit D, allowing for various minimum lot sizes, including 25,000 square feet, 15,000 square feet, and 12,500 square feet. The minimum 25,000-square-foot lots are located adjacent to the northern subdivisions, Whispering Meadows and Highland Meadows. The minimum 15,000- square-foot lots are generally located around the perimeter of the site, along the eastern, western, and southern sides of the property. The minimum 12,500-square-foot lots are generally located internally within the site. The sub-district allowing for minimum 12,500- square-foot lots only allows for a maximum of 30% of the lots to be a minimum of 12,500 square feet, while the remaining lots in the sub-district will be a minimum of 13,000 square feet. Town staff has compared the proposed PD-SF District standards to the straight SF-22, SF-15, and SF-12.5 District standards in the table below. Proposed Min. 25,000 SF Straight SF-22 Proposed Min. 15,000 SF Straight SF-12.5 Proposed Min. 12,500 SF Straight SF-12.5 Min. Lot Area 25,000 square feet 22,000 square feet 15,000 square feet 15,000 square feet 12,500 square feet (30% of lots max.) and 13,000 square feet 12,500 square feet Min. Lot Width 130 feet 120 feet 100 feet 100 feet 80 feet (30% of lots max.) and 100 feet 80 feet Min. Lot Depth 135 feet 170 feet 135 feet 135 feet 135 feet 135 feet Min. Dwelling Area 3,000 square feet 1,800 square feet 3,000 square feet 1,800 square feet 3,000 square feet 1,800 square feet Front Yard Setback 35 feet 40 feet 35 feet 35 feet 30 feet 30 feet Side Yard Setback 12 feet, 15 feet on corner adjacent to a street 10 feet, 15 feet on corner adjacent to a street 10 feet, 15 feet on corner adjacent to a street 10 feet, 15 feet on corner adjacent to a street 8 feet, 15 feet on corner adjacent to a street 8 feet, 15 feet on corner adjacent to a street Item 8 Page 3 of 5 Rear Yard Setback 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet Maximum Height 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet Besides lot, setback, dwelling area, and height standards, the PD District standards that vary from straight zoning are: 1. Dwelling Area – The PD requires a minimum dwelling area of 3,000 square feet. The Zoning Ordinance requires a minimum dwelling area of 1,800 square feet for the SF-22, SF-15, and SF-12.5 Districts. 2. Impervious Area – The PD limits the maximum impervious surface to 50% of the area between the street and the main building. The Zoning Ordinance does not limit impervious area in the SF Districts. 3. Parking – The PD prohibits carports and requires the parking of motor homes, boats, and/or trailers to be located behind the front setback line and screened from public right-of-way view. The Zoning Ordinance does not prohibit carports, or require motor homes, boats, and/or trailers to be located behind the front setback line and screened from public right-of-way view. 4. Fencing – The PD requires fencing adjacent to open space, parks, or floodplain to be ornamental metal. In addition to complying with the Town’s fence ordinance, the PD requires all wooden fencing to be cedar, board-on-board with a top rail, and for the development to establish a common stain color. The Town’s fence ordinance does not require the wood fencing to be board-on-board with a top rail or for the development to establish a common fence stain color. 5. Retention Ponds – The PD requires any detention provided for the development to be provided for in a wet pond (constant water level) with a fountain. The Town’s detention and drainage ordinance does not require a wet pond. 6. Building and Architectural Standards – The PD requires all homes to have an exterior lighting package to illuminate front entrances, garages, and landscaping and trees located in the front yard. The PD provides several standards to minimize the repetition of home elevations, to require a mix of swing-in garages and front facing garage doors, and to prohibit carports. These standards exceed those in the Zoning Ordinance. 7. Landscape setback adjacent to Prosper Trail and Coit Road – The PD requires a minimum 20-foot landscape setback adjacent to Prosper Trail and Coit Road. The Town’s Subdivision Ordinance requires a minimum 25-foot landscape setback adjacent to a thoroughfare; therefore this provision is a reduction to the Town’s standard. The existing right-of-way for Prosper Trail is 100 feet, while the Town’s Thoroughfare Plan shows an ultimate right-of-way width of 90 feet. Due to the existing right-of-way providing for an additional 5 feet along the north side of Prosper Trail, the right-of-way along with the proposed 20-foot setback will equate to 25 feet. Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Low Density Residential for the property. The Low Density Residential District recommends a maximum of 1.6 dwelling units per acre, with single family lot sizes between 15,000 square feet and 1+ acre Item 8 Page 4 of 5 in size. The proposed PD-SF allows for a density of 1.6 du/ac, and lot sizes ranging from 12,500 square feet to minimum 25,000 square feet. While the proposed maximum density of 1.6 du/ac conforms to the FLUP, the proposed minimum lot sizes of 12,500 square feet and 13,000 square feet do not conform to the FLUP. Thoroughfare Plan – The property has direct access to Prosper Trail, a future four-lane divided thoroughfare, and Coit Road, a future six-lane divided thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water service has been extended to the property and sanitary sewer service will have to be extended to the property either before or with development. An elevated water storage tank is shown as need on this site per the Town’s water system Capital Improvement Plan. Access – Access to the property is provided from existing Prosper Trail and Coit Road. Adequate access is provided to the property. Schools – This property is located within the Prosper Independent School District (PISD). Any future school sites are to be determined at the time of preliminary plat. Parks – This property is subject to the Town’s park dedication requirements as they exist or may be amended. Any future park sites and hike & bike trail locations are to be determined at the time of preliminary plat. Environmental Considerations – There is no 100-year floodplain located on the property. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. Town staff has received nine public hearing notice reply forms; all in opposition to the request. Attached Documents: 1. Zoning Exhibit A, B, C, D, and E. 2. Zoning map of the surrounding area. 3. Public hearing notice reply forms. Planning & Zoning Commission Recommendation: At their July 1, 2014, meeting, the Planning & Zoning Commission recommended the Town Council rezone 93.2± acres, located on the northwest corner of Prosper Trail and Coit Road, from Agricultural (A) and Single Family-15 (SF-15) to Single Family-15 (SF-15), by a vote of 5-0. Town Staff Recommendation: Town staff recommends the Town Council approve the request to rezone 93.2± acres, located on the northwest corner of Prosper Trail and Coit Road, from Agricultural (A) and Single Family- 15 (SF-15) to Planned Development-Single Family (PD-SF), subject to: 1. Revising all zoning exhibits to replace the minimum 12,500 square foot lots with minimum 15,000 square foot lots, in accordance with the FLUP. 2. Revising Exhibit C to increase the minimum depth of the minimum 25,000 square foot lots to 170 feet, in accordance with the straight SF-22 District standards. 3. Revising the provision regarding the landscaping setback along Prosper Trail and Coit Road in Exhibit C to require a 25-foot landscape setback along Coit Road, thereby requiring thoroughfare screening along Coit Road to be in accordance with the Subdivision Ordinance. Item 8 Page 5 of 5 Proposed Motion: I move to approve the request to rezone 93.2± acres, located on the northwest corner of Prosper Trail and Coit Road, from Agricultural (A) and Single Family-15 (SF-15) to Planned Development-Single Family (PD-SF), subject to: 1. Revising all zoning exhibits to replace the minimum 12,500 square foot lots with minimum 15,000 square foot lots. 2. Revising Exhibit C to increase the minimum depth of the minimum 25,000 square foot lots to 170 feet. 3. Revising the provision regarding the landscaping setback along Prosper Trail and Coit Road in Exhibit C to require a 25-foot landscape setback along Coit Road. Item 8 PROSPER TRAIL - 100' ROW GGG COIT RD.30' WIDE TRAIL ESMT.100' WIDE TPE POWELINE EASEMENTA B C D E F G H I J K L M N O P Q R TS U V W X Y Z AA BB CC DD EE FF GG HH JJ KK II LLMMNN OO PPQQRRSSTTUUVVWWXXYYZZAAABBBCCCDDD EEE FFF 30' EASEMENT TO MATADOR PIPELINE SERVICES, VOL. 2665, PG. 229, D.R.C.C.T. GRAPHIC SCALE ( IN FEET ) 1 inch = ft.100 Case No. - Z2014-0008KENDRICKNW CORNER PROSPER TRAILAND COIT ROADZONING EXHIBIT A93.196 ACRESELISHA CHAMBERS SURVEY ABSTRACT 179TOWN of PROSPERCOLLIN COUNTY, TEXASAugust 05, 2014 TEXAS DEVELOPMENT SERVICES 906 W. McDERMOTT DRIVE SUITE 196-296 ALLEN, TX 75013 469-853-6538 TX FRIM NO. 12790 C-01 DERETSIGE R REENIGNELANOISS EFORP SAX ETFOETATSA & W SURVEYORS, INC. P.O. BOX 870029, MESQUITE, TX. 75187 PHONE: (972) 681-4975 FAX: (972) 681-4954 WWW.AWSURVEY.COM Z14-0008 ZONING EXHIBIT A 93.196 TOWN of PROSPER COLLIN COUNTY, TEXAS ³´ RESIDENTIAL - PD SF Item 8 Exhibit “B” Statement of Intent and Purpose The purpose of the submittal is to request Planned Development zoning in a manner that meets the current market demand for residential development. The proposed zoning includes development standards for the single family residential uses are described herein. The density shall not exceed a maximum 1.6 dwelling units per acre. Item 8 EXHIBIT C FOR Z14-0008 Page 1 of 3 EXHIBIT C FOR Z14-0008 93.196 ACRES (GROSS) PLANNED DEVELOPMENT STANDARDS 1.0 Planned Development District - Single Family Residential 1.1 The property shall be developed in accordance with the Single Family-15 District as outlined in the Town of Prosper Zoning Ordinance 05-20, as it exists or may be amended, unless identified below. 1.2 Development Pattern: The property shall generally develop in accordance with Exhibit D, Zoning Exhibit. 1.3 Density: The maximum density shall be 1.6 dwelling units per acre, based on the gross acreage. 1.4 Setbacks a. Lots identified as minimum 25,000 square foot on Exhibit D shall comply with the following setbacks: 1. Minimum Front Yard: Thirty five (35) Feet 2. Minimum Side Yard: Twelve (12) feet; fifteen (15) feet on corner adjacent to side street. 3. Minimum Rear Yard: Twenty five (25) feet b. Lots identified as minimum 15,000 square foot on Exhibit D shall comply with the following setbacks: 1. Minimum Front Yard: Thirty five (35) Feet 2. Minimum Side Yard: Ten (10) feet; fifteen (15) feet on corner adjacent to side street. 3. Minimum Rear Yard: Twenty five (25) feet c. Lots identified as minimum 12,500 square foot on Exhibit D shall comply with the following setbacks: 1. Minimum Front Yard: Thirty (30) Feet 2. Minimum Side Yard: Eight (8) feet; fifteen (15) feet on corner adjacent to side street. 3. Minimum Rear Yard: Twenty five (25) feet 1.5 Lot Area a. Lots identified as minimum 25,000 square foot on Exhibit D shall be a minimum of twenty five thousand (25,000) square feet. b. Lots identified as minimum 15,000 square foot on Exhibit D shall be a minimum of fifteen thousand (15,000) square feet. c. A maximum of 30% of the lots identified as minimum 12,500 square foot on Exhibit D shall be a minimum of twelve thousand five hundred (12,500) square feet, and the remaining lots shall be a minimum of thirteen thousand (13,000) square feet. Item 8 EXHIBIT C FOR Z14-0008 Page 2 of 3 1.6 Minimum Lot Width at Front Building Line: a. Lots identified as minimum 25,000 square foot on Exhibit D shall have a minimum lot width at front building line of one hundred and thirty (130) feet. b. Lots identified as minimum 15,000 square foot on Exhibit D shall have a minimum lot width at front building line of one hundred (100) feet. c. A maximum of 30% of the lots identified as minimum 12,500 square foot on Exhibit D shall have a minimum lot width at front building line of eighty (80) feet, and the remaining lots shall have a minimum lot width at front building line of one hundred (100) feet. 1.7 Minimum Lot Depth: a. Minimum lot depth for all lots is 135 feet. 1.8 Minimum Dwelling Area: 3,000 square feet. 1.9 The maximum impervious surface shall be 50% of the area between the street and the main building. 1.10 Plan elevations shall alternate at a minimum of every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. 1.11 Required Parking: Carports shall be prohibited. Boats, motor homes and trailers shall be behind the front setback line and screened from public right-of-way view. 1.12 Privacy fences on single family residential lots shall be located ten (10) feet behind the front elevation of the main building and shall not exceed eight (8) feet in height above grade. All fencing located on single family residential lots adjacent to open space shall consist of ornamental metal (wrought iron or decorative tubular steel). All wood fencing shall consist of cedar, board on board with a top rail, and comply with the Town’s fencing standards as they exist or may be amended. A common wood fence stain color shall be established for the development. a. Ornamental metal fencing shall be required on all lots adjacent to Highland Meadows and Whispering Meadows. 1.13 All required detention areas shall be provided for in a wet detention pond (constant water level) with a fountain. 1.14 All homes shall provide an exterior lighting package to illuminate front entrances, landscaping and trees located in the front yard and garages. 1.15 A minimum 20-foot wide landscape buffer shall be provided adjacent to Prosper Trail and Coit Road. The landscape buffer shall be located in a private “non-buildable” lot that is owned and maintained by the HOA. All planting, screening walls, and design elements shall comply with the Town’s Subdivision Ordinance as existing or amended. Item 8 EXHIBIT C FOR Z14-0008 Page 3 of 3 2.0 General Conditions 2.1 Homeowners Association. Each lot shall be a member of the Falls at Prosper Homeowner's Association. Item 8 PROSPER TRAIL - 100' ROW MINIMUM 15,000S.F. LOTS GGG COIT RD.WATERTOWER DET E N TI O NDETENTIONMINIMUM 25,000 S.F. LOTS MINIMUM 12,500S.F. LOTS 30' WIDE TRAIL ESMT.MINIMUM 12,500S.F. LOTS MINIMUM 12,500S.F. LOTS 100' WIDE TPE POWELINE EASEMENTMINIMUM 25,000 S.F. LOTS MINI M U M 1 5 , 0 0 0 S . F . L O T S MINIMUM 15,000S.F. LOTS MINIMUM 15,000S.F. LOTS MINIMUM 15,000S.F. LOTS GRAPHIC SCALE ( IN FEET ) 1 inch = ft.100 Case No. - Z2014-0008THE FALLS of PROSPERNW CORNER PROSPER TRAILAND COIT ROADZONING EXHIBIT D93.196 ACRESELISHA CHAMBERS SURVEY ABSTRACT 179TOWN of PROSPERCOLLIN COUNTY, TEXASAugust 05, 2014 TEXAS DEVELOPMENT SERVICES 906 W. McDERMOTT DRIVE SUITE 196-296 ALLEN, TX 75013 469-853-6538 TX FRIM NO. 12790 C-00 DERETSIGE R REENIGNELANOISS E FORP SAX ETFOETATSA & W SURVEYORS, INC. P.O. BOX 870029, MESQUITE, TX. 75187 PHONE: (972) 681-4975 FAX: (972) 681-4954 WWW.AWSURVEY.COM Z14-0008 ZONING EXHIBIT D 93.136 ACRES TOWN of PROSPER COLLIN COUNTY, TEXAS ³´ Item 8 Exhibit “E” Development Schedule The project intends to begin construction in fiscal year 2015 in two phases with the final phase planned construction completed in fiscal year 2018. Item 8 Z14-0008 DEERRUNLNFOXBENDWAYSTONYTRLWHISPERING MEADOWS WAYGENTLE CREEK TRL MOSSCREEKDRCOYOTE RUN WILLOW BEND CT CHANDL ER CIR CARIBOUDRELKRIDGERDCRIP PLE CREEK DR CRYSTALFALLSDRB LUE F O R ESTDRMEADOW VIEW DR W I L LOW BEND DR NCOITRDE PROSPER TRL CPD-5 SF-15PD-5 RPD-1 SF-15PD-29 SF-22PD-29 SFPD-1 SF-15 O A SF-15 SF-15 SF-15 SF-15 ±0 200 400 600 Feet 1 inch = 400 feet Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Page 1 of 1 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Submission of the FY 2014-2015 Proposed Budget and Budget Message by the Town Manager. Description of Agenda Item: In accordance with Town Charter, the referenced documentation completes the Town Manager’s submission of the Proposed Budget and Budget Message for Fiscal Year 2014-2015. The FY 2014-2015 Proposed Budget, including the Budget Message from the Town Manager, was submitted to the Town Council under separate cover. Town Staff Recommendation: Town staff has submitted the FY 2014-2015 Proposed Budget and Budget Message under separate cover to the Town Council for review. Prosper is a place where everyone matters. ADMINISTRATION Item 9 Page 1 of 1 To: Mayor and Town Council From: Kent Austin, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon a proposed FY 2014-2015 property tax rate. Description of Agenda Item: This agenda item is to set the proposed tax rate to publish for consideration. According to Section 26.05(d) of the Property Tax Code, the Town is required to hold two public hearings and publish newspaper ads if proposing to consider a tax rate that exceeds the effective rate or rollback rate, whichever is lower. The rate the Town finally adopts can be lower than the proposed and published rate, but it cannot exceed it without undergoing the required posting requirements and timeframes. This item requires a record vote. Budget Impact: Cost to publish the notice is budgeted, if required. Town Staff Recommendation: Town staff recommends that the Town Council propose a rate of $0.52 per $100 in valuation. If making your motion according to staff’s recommendation, please use the following: Proposed Motion: I move to place a proposal to adopt a FY 2014-2015 tax rate of fifty-two cents ($0.52) per one hundred dollars ($100) of valuation on the September 23, 2014, Town Council Agenda. If making your motion for a rate equal to or lower than the rollback rate, please use the following and fill in the blank with your proposed rate: Proposed Motion: I move to propose a FY 2014-2015 tax rate of ______ cents ($0.____) per one hundred dollars ($100) of valuation, which is equal to or lower than the rollback rate. Prosper is a place where everyone matters. FINANCE Item 10 Page 1 of 1 To: Mayor and Town Council From: Kent Austin, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon a schedule of public hearings on the FY 2014-2015 Proposed Budget. Description of Agenda Item: Chapter 102 of the Texas Local Government Code requires the Town to hold a public hearing on the proposed budget and publish the notice for this meeting in addition to the notice required under Truth in Taxation guidelines. The budget hearings are recommended to be scheduled on the same days as the public hearings on the proposal to increase tax revenues. August 26 and September 9 are regular meeting dates of the Town Council. These dates meet the Public Hearing requirements of the Local Government Code. Given the timelines for publishing in the Prosper Press, staff will be submitting the notice of the public hearings on the proposed budget to print in the August 20 Prosper Press. Budget Impact: The cost to publish the notice is budgeted. Town Staff Recommendation: Town staff recommends that the Town Council approve the proposed schedule for public hearings on the FY 2014-2015 Proposed Budget. Proposed Motion: I move to schedule public hearings on the FY 2014-2015 Proposed Budget for August 26, 2014, at 6:00 p.m., and September 9, 2014, at 6:00 p.m., with each meeting taking place at the Prosper Municipal Chambers at 108 W. Broadway Street, Prosper, TX. Prosper is a place where everyone matters. FINANCE Item 11 Page 1 of 2 To: Mayor and Town Council From: Kent Austin, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon a schedule of public hearings for the FY 2014-2015 proposed tax rate. Description of Agenda Item: Section 26.05(d) of the Texas Property Tax Code requires taxing entities to hold two public hearings and publish newspaper ads before adopting a tax rate that exceeds the effective rate or rollback rate, whichever is lower. If the Council votes to propose the recommended tax rate of $0.52 per $100 valuation, this item will need to be acted on by setting the public hearings and publishing a notice in the local newspaper. A quorum must be present at each public hearing. A new statute approved last year, SB 1510, has simplified the notice requirements; a draft of the new notice is attached. August 26 and September 9 are regularly scheduled Town Council meeting dates. Hearings on these dates satisfy Texas Property Tax Code requirements. If the Council votes to propose a tax rate equal to or less than $0.468183 per $100 valuation, the effective tax rate, then the public hearings and publications are not necessary and this item requires no action. Budget Impact: The cost to publish the notices is included in the budget. Attached Documents: 1. Notice of 2014 Proposed Tax Rate for Town of Prosper Town Staff Recommendation: Town staff recommends that the Town Council: If the proposed rate is the recommended $0.52 or otherwise exceeds the rollback rate, which is $0.429220 per $100 valuation, please use the following: Proposed Motion: I move to set the public hearings on the proposal to increase total tax revenues and the proposed tax rate of $_____ per $100 in valuation for August 26, 2014, at 6:00 p.m. and Prosper is a place where everyone matters. FINANCE Item 12 Page 2 of 2 September 9, 2014, at 6:00 p.m., with each meeting taking place at the Prosper Municipal Chambers at 108 W. Broadway Street, Prosper, TX. If the proposed rate is equal or less than the rollback rate, please: Take no action on this item, provided the rate proposed is equal or lower than the rollback rate and public hearings are not required. Item 12 NOTICE OF 2014 TAX YEAR PROPOSED PROPERTY TAX RATE FOR TOWN OF PROSPER A tax rate of $0.520000 per $100 valuation has been proposed for adoption by the governing body of Town of Prosper. This rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. PROPOSED TAX RATE $0.520000 per $100 PRECEDING YEAR'S TAX RATE $0.520000 per $100 EFFECTIVE TAX RATE $0.468183 per $100 ROLLBACK TAX RATE $0.429220 per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for Town of Prosper from the same properties in both the 2013 tax year and the 2014 tax year. The rollback tax rate is the highest tax rate that Town of Prosper may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount= (rate) x (taxable value of your property)/100 For assistance or detailed information about tax calculations, please contact: Kenneth L. Maun Tax Assessor-Collector 2300 Bloomdale Rd., Suite 2366, McKinney TX 75071 972-547-5020 kmaun@collincountytx.gov http://www.prospertx.gov/ You are urged to attend and express your views at the following public hearings on the proposed tax rate: First Hearing: August 26, 2014 at 6:00 pm at Prosper Municipal Chambers, 108 W. Broadway Street, Prosper, TX 75078. Second Hearing: September 9, 2014 at 6:00 pm at Prosper Municipal Chambers, 108 W. Broadway Street, Prosper, TX 75078. Item 12 Page 1 of 2 To: Mayor and Town Council From: Kent Austin, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – July 22, 2014 Agenda Item: Consider and act upon authorizing the Town Manager to execute a contract amendment with IESI, a Progressive Waste Solutions Company, relative to bulk service collection, from one time per month to two times per month, with the applicable day of bulk service collection based upon the location of the request for collection. Description of Agenda Item: On or about February 1, 2012, the Town executed an exclusive Franchise Agreement with IESI TX Corporation, now IESI, a Progressive Waste Solutions Company, for the collection, hauling, recycling and disposal of municipal solid waste, construction and demolition waste, and recyclable materials in the Town of Prosper. IESI recently submitted a request to change bulk service from one time per month to two times per month. The request is due to the growth in bulk service volumes, coupled with the landfill operating hours. IESI's current capacity is 275 services during the designated Saturday of the month. However, IESI is receiving 350-400 service requests during the peak summer months. IESI is proposing to split the route between the first and last Saturdays of each month as follows:  Last Saturday - West of HWY 289, Preston Road - No change for residents.  First Saturday - East of HWY 289, Preston Road - Approximately 3,500 residents will be affected by this change. IESI representatives stated about 60% of the collections occur east of Preston Road, and 40% occur west of Preston Road. When asked about providing service to the entire town on two separate days, the IESI representatives noted that this would require additional manpower and vehicles; this in turn would require a rate increase. Utility Billing will work with the Town's public relations firm to notify residents of the upcoming change in service days via press releases, utility bill inserts, social media, and the Town's website. Budget Impact: N/A Prosper is a place where everyone matters. FINANCE Item 13 Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the contract amendment as to form and legality. Attached Documents: 1. Contract Amendment 2. Letter from Henry Lew, Operations Manager, Progressive Waste Solutions 3. Service Location Map Town Staff Recommendation: Town staff recommends authorizing the Town Manager to execute a contract amendment with IESI, a Progressive Waste Solutions Company, relative to bulk service collection, from one time per month to two times per month, with the applicable day of bulk service collection based upon the location of the request for collection. Proposed Motion: I move to authorize the Town Manager to execute a contract amendment with IESI, a Progressive Waste Solutions Company, relative to bulk service collection, from one time per month to two times per month, with the applicable day of bulk service collection based upon the location of the request for collection. Item 13 1 AMENDED FRANCHISE AGREEMENT BETWEEN THE TOWN OF PROSPER AND IESI, A PROGRESSIVE WASTE SOLUTIONS COMPANY WHEREAS, on or about February 1, 2012, the Town of Prosper, Texas (“Town”), and IESI TX Corporation, now IESI, a Progressive Waste Solutions Company (“IESI”), entered into an Exclusive Franchise Agreement for the Collection, Hauling, Recycling and Disposal of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials in the Town of Prosper, Texas (“Agreement”); and WHEREAS, due to the volume of bulk service collection activities in the Town, IESI has requested that the first sentence of Section 8(A) of the Agreement be modified to allow bulk service on two (2) Saturdays of the month, rather than one (1) Saturday per month, based upon the location of the Single-Family residence in question; and WHEREAS, the Town and IESI have determined that it is in the best interests of both to amend the Agreement to provide such additional bulk service collection activities in the Town. NOW, THEREFORE, THE TOWN AND IESI AGREE AS FOLLOWS: 1. The terms and provisions of the Agreement remain in full force and effect, except to the extent referenced herein. 2. The first sentence of Paragraph 8(A) of the Agreement is hereby amended to read as follows: A. Pre-Arranged Collections. The Service Provider will collect Bulky Items and Bundles from Single-Family Residential Units on the First and Last Saturdays of each month (collection west of Preston Road shall be on the First Saturday of each month and collections east of Preston Road shall be on the Last Saturday of each month); provided [remainder of first sentence of Section 8(A) is unchanged]. 3. The Town warrants and represents that the individual executing this Amended Franchise Agreement on behalf of the Town has full authority to execute and bind the Town to the same. IESI warrants and represents that the individual executing this Amended Franchise Agreement on behalf of IESI has full authority to execute and bind IESI to the same. EXECUTED by the signatories hereto on the _____ day of August, 2014. Item 13 2 TOWN OF PROSPER, TEXAS: By: _______________________________________________ Harlan Jefferson, Town Manager 121 W. Broadway Prosper, Texas 75078 IESI, A PROGRESSIVE WASTE SOLUTIONS COMPANY By: Shawn Eiras, Area Manager 2138 Country Lane McKinney, Texas 75069 Item 13 Item 13 Proposal for Town of Prosper BulkFirst SaturdayLast SaturdayPrepared by Henry Lew, Operations Manager, Progressive Waste Solutions, McKinney, TXItem 13 Page 1 of 2 To: Mayor and Town Council From: Douglas Kowalski, Chief of Police Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon an ordinance amending Article 12.08, “Truck Routes,” of Chapter 12, “Traffic,” of the Code of Ordinances, regarding additional street segments for truck routes. Description of Agenda Item: The Town has serious concerns about the safety of its residents and the traveling public due to the truck and other commercial vehicle traffic on certain street segments within the Town, and wishes to provide additional safety for its residents and the traveling public by amending Section 12.08.003, “Unlawful Acts/Exemptions,” of Chapter 12, “Traffic,” of the Code of Ordinances of the Town of Prosper, Texas, by the addition of the following street segments in the existing listing of street segments in subsection (a) thereof, to read as follows: Street Segment Extent Prosper Trail From Dallas North Toll Road east to Custer Road (FM 2478) First Street From Dallas North Toll Road east to Custer Road (FM 2478) Coit Road From University Drive (US 380) north to Frontier Parkway (FM 1461) Coleman Street (Business 289) North from University Drive (US 380) to its dead end Talon Lane North from Coleman Street to Frontier Parkway Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., prepared the attached Ordinance. Attached Documents: 1. Ordinance 2. Map of proposed truck routes Town Staff Recommendation: Staff recommends that the Town Council approve the ordinance amending Section 12.08.003, “Unlawful Acts/Exemptions,” of Chapter 12, “Traffic,” of the Code of Ordinances of the Town of Prosper, Texas. Prosper is a place where everyone matters. POLICE Item 14 Page 2 of 2 Proposed Motion: I make a motion to approve the ordinance amending Article 12.08.003, “Unlawful Acts/Exemptions,” of Chapter 12, “Traffic,” of the Code of Ordinances for the Town of Prosper, Texas. Item 14 TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 12.08.003, “UNLAWFUL ACTS/EXEMPTIONS,” OF CHAPTER 12, “TRAFFIC,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER BY THE ADDITION OF ADDITIONAL STREET SEGMENTS IN SUBSECTION (a) THEREOF TO THE LISTING OF STREET SEGMENTS WHERE IT IS UNLAWFUL TO OPERATE COMMERCIAL TRUCKS; MAKING FINDINGS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, the Town has serious concerns about the safety of its residents and the traveling public due to the truck and other commercial vehicle traffic on certa in street segments within the Town, and wishes to provide additional safety for its residents and the traveling public; and WHEREAS, the Town Council strongly believes that the prohibition of truck and other commercial vehicle traffic on the street segments hereinafter referenced will enhance public safety and be in the best interests of the residents of the Town as well as the traveling public, and hereby so declares. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Existing Section 12.08.003, “Unlawful Acts/Exemptions,” of Chapter 12, “Traffic,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by the addition of the following street segments in the existing listing of street segments in subsection (a) thereof, to read as follows: Street Segment Extent Prosper Trail From Dallas North Toll Road east to Custer Road (FM 2478) First Street From Dallas North Toll Road east to Custer Road (FM 2478) Coit Road From University Drive (US 380) north to Frontier Parkway (FM 1461) Coleman Street (Business 289) North from University Drive (US 380) to its dead end Talon Lane North from Coleman Street to Frontier Parkway Item 14 Ordinance No. 14-__, Page 2 SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of 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. SECTION 5 This Ordinance shall become effective after its passage and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS ______ DAY OF AUGUST, 2014. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Item 14  Truck Routes    Existing Truck Prohibition  Frontier Parkway from Dallas North Tollway to Preston Road (SH 289)   Proposed Truck Prohibition  Coit Road from University Drive (US 380) to Frontier Parkway (FM 1461)  Coleman Street from University Drive (US 380) to Dead End  First Street from Dallas North Tollway to Custer Road (FM 2478)  Prosper Trail from Dallas North Tollway to Custer Road (FM 2478)  Talon Lane from Coleman Street to Frontier Parkway     Item 14 Page 1 of 2 To: Mayor and Town Council From: Matt Richardson, P.E., Senior Engineer Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town’s Code of Ordinances by modifying the list of streets and limits on which school zones are established, modifying the hours of operation of such zones, and modifying the maximum speed limit during hours of operation of such zones. Description of Agenda Item: The Prosper Independent School District (PISD) currently operates six school campuses within the Town's jurisdiction: Cockrell Elementary School, Folsom Elementary School, Rucker Elementary School, Reynolds Middle School, Rogers Middle School, and Prosper High School. State law allows the Town of Prosper to establish reduced speed school zones on public roadways in the vicinity of school campuses. The Town last modified its reduced speed school zones by Ordinance 12-23 approved on August 28, 2012. On July 22, 2014, staff presented a policy for the establishment of school zones and for the placement of signs and markings. Staff also presented draft changes to the school zones at the six PISD schools. Based on discussions at that meeting, the following changes have been made to the draft school zones previously presented and are reflected in this ordinance:  School zone extended west of Folsom Elementary School to include intersection of Buffalo Springs Drive and Cedar Lake Drive  School zone extended north of Folsom Elementary School to include intersection of Livingston Drive and Salada Drive. The limits of all school zones are depicted on the attached maps and described in detail by the ordinance text. School zone signs and markings associated with this ordinance, including flashing beacons, have been ordered and are anticipated to be installed prior to school resuming on August 25th. Budget Impact: The 2013-2014 Public Works Street budget included $130,000 for the installation of school zone flashing beacons and the modification of school zone signs and markings. Sign and marking modifications associated this ordinance are within this budgeted amount. Prosper is a place where everyone matters. ENGINEERING Item 15 Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance 2. School Zone Maps Town Staff Recommendation: Town staff recommends that the Town Council approve an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town’s Code of Ordinances by modifying the list of streets and limits on which school zones are established, modifying the hours of operation of such zones, and modifying the maximum speed limit during hours of operation of such zones. Proposed Motion: I move to approve an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town’s Code of Ordinances by modifying the list of streets and limits on which school zones are established, modifying the hours of operation of such zones, and modifying the maximum speed limit during hours of operation of such zones. Item 15 TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 12.09.004, “SCHOOL TRAFFIC ZONES,” OF CHAPTER 12, “TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER BY MODIFYING THE LISTING OF STREETS AND LIMITS ON WHICH SCHOOL ZONES ARE ESTABLISHED; MODIFYING THE HOURS OF OPERATION OF SUCH ZONES; MODIFYING THE PRIMA FACIE MAXIMUM SPEED LIMIT DURING THE HOURS OF OPERATION OF SUCH ZONES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, Section 541.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies; and WHEREAS, Section 545.356 of the Texas Transportation Code provides that the governing body of a municipality may alter prima facie speed limits by ordinance based on the results of an engineering and traffic investigation; and WHEREAS, the Town Council has investigated and finds that it is necessary for the protection and safety of children going to and leaving public elementary and secondary schools within Prosper to amend Section 12.09.004 "School Traffic Zones" of the Code of Ordinances to modify the reduced speed school zones on certain public streets as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Existing Section 12.09.004, “School Traffic Zones,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by modifying the listing of streets and limits on which school zones are established, the hours of operation of such zones, and the prima facie maximum speed limit during the hours of operation of such zones contained in subsection (c) thereof, to read as follows: Item 15 Ordinance No. 14-__, Page 2 Street Name Limits Hours of Operation Speed Limit Cockrell Elementary School Escalante Trail From Whitley Place Drive to Prosper Trail 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Fisher Road From Escalante Drive to 200 feet east of Escalante Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Mesa Drive From Escalante Drive to 200 feet east of Escalante Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Orchard Grove Drive From west end of roadway to Escalante Trail 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Prosper Trail From 750' west of Escalante Trail to 300' east of Escalante Trail 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Red Wing Drive From Escalante Drive to 215 feet east of Escalante Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Whitley Place Drive From 150 feet southwest of Escalante Trail to 170 feet northeast of Escalante Trail 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Folsom Elementary School Arrowhead Drive From La Cima Boulevard to 120 feet southeast of La Cima Boulevard 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Arrowhead Drive From 270 feet northwest of Sommerville Drive to Sommerville Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Buffalo Springs Drive From 200 feet north of Cedar Lake Drive to 185 feet south of Cedar Lake Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Calaveras Court From 260 feet northwest of Sommerville Drive to Sommerville Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Cedar Lake Drive From 135 feet west of Buffalo Springs Drive to White River Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 La Cima Boulevard From 300 feet southwest of Arrowhead Drive to 300 feet northeast of Arrowhead Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Livingston Drive From 180 feet northwest of Salada Drive to Twin Buttes Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Monticello Drive From 130 feet northwest of La Cima Boulevard to La Cima Boulevard 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Salada Drive From Livingston Drive to 175 feet north east of Livingston Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Sommerville Drive From White River Drive to Livingston Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Texana Drive From Livingston Drive to 180 feet northeast of Livingston Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Twin Buttes Drive From Livingston Drive to 170 feet northeast of Livingston Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 White River Drive From 190 feet south of Cedar Lake Drive to 280 feet north of Sommerville Drive 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Rucker Elementary School Craig Road From 100 feet north of Preston Road to 100 feet south of First Street 7:30 AM to 8:15 AM 2:45 PM to 3:30 PM 20 Item 15 Ordinance No. 14-__, Page 3 Reynolds Middle School Church Street From 30 feet north of Eighth Street to Prosper ISD Property Line 7:30 AM to 8:15 AM 3:00 PM to 3:45 PM 20 Coleman Street From 160 feet north of Gorgeous Drive to 60 feet south of Wilson Drive 7:30 AM to 8:15 AM 3:00 PM to 3:45 PM 20 Rogers Middle School Coit Road From 300 feet south of Richland Boulevard to 1,150 feet north of Richland Boulevard 7:45 AM to 8:30 AM 3:00 PM to 3:45 PM 20 Richland Boulevard From 300 feet west of Coit Road to east end of roadway 7:45 AM to 3:30 AM 3:00 PM to 3:45 PM 20 Prosper High School Coleman Street From 110 feet east of Talon Lane to east end of roadway 8:00 AM to 8:45 AM 3:15 PM to 4:00 PM 20 Frontier Parkway From 3,930 feet west of SH 289 (Preston Road) to 3,305 feet west of SH 289 (Preston Road) 8:00 AM to 8:45 AM 3:15 PM to 4:00 PM 20 SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of 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. SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense. Item 15 Ordinance No. 14-__, Page 4 SECTION 6 This Ordinance shall become effective after its passage and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS ______ DAY OF AUGUST, 2014. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Item 15 Cockrell Elementary School Item 15 Folsom Elementary School Item 15 Rucker Elementary School Item 15 Reynolds Middle School Item 15 Rogers Middle School Item 15 Prosper High School Item 15 Page 1 of 1 To: Mayor and Town Council From: Matt Richardson., P.E., Senior Engineer Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon an amendment to the Capital Improvement Plan (CIP). Description of Agenda Item: An agenda item for the agreement related to this project will be presented at tonight's Town Council meeting following this agenda item. Because the project does not yet exist in the CIP and is not funded, Town Council must consider this CIP Amendment to create and fund the project prior to considering the agreement. In 2003, the Town of Prosper entered into an agreement with Denton County FWSD #10 and other parties related to the Artesia development. At the time of that agreement, Teel Parkway north of Fishtrap Road was only proposed to be a four-lane roadway and the District agreed to fund its half (two lanes) of the roadway. Since that time, the Town's Thoroughfare Plan has been updated to show Teel Parkway as a six-lane roadway. The District is currently preparing to construct this segment of Teel Parkway, including a two-lane bridge. The Town is proposing to participate in the cost of the bridge construction by constructing a third lane on the bridge to serve future widening of the roadway. An Interlocal Agreement with Denton County FWSD #10 regarding construction of these improvements will be considered following this agenda item. Budget Impact: Staff proposes funding the Teel Parkway (DCFWSD #10) project from the West Thoroughfare Impact Fee Fund in the amount of $300,000. This amount includes $8,000 for professional services and $292,000 for construction. Attached Documents: 1. CIP Amendment 2. Project Detail Sheet Town Staff Recommendation: Town staff recommends that the Town Council approve an amendment to the Capital Improvement Plan (CIP), in the additional amount of $300,000, for the Teel Parkway (DCFWSD #10) project. Proposed Motion: I move to approve an amendment to the Capital Improvement Plan (CIP), in the additional amount of $300,000, for the Teel Parkway (DCFWSD #10) project. ENGINEERING Prosper is a place where everyone matters. Item 16 ISSUED REIMB. RES.AUTHORIZED NEW Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 DEBT UNISSUED DEBT UNISSUED DEBT UNISSUED DEBT 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 1415-ST Teel Parkway (DCFWSD#10) ISSUED REIMB. RES.AUTHORIZED NEW Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 DEBT UNISSUED DEBT UNISSUED DEBT UNISSUED DEBT 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 1415-ST Teel Parkway (DCFWSD#10)+300,000 +300,000 0 +300,000 +0 +300,000 ISSUED REIMB. RES.AUTHORIZED NEW Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 DEBT UNISSUED DEBT UNISSUED DEBT UNISSUED DEBT 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 1415-ST Teel Parkway (DCFWSD#10)300,000 300,000 300,000 0 300,000 300,000 300,000 STREET PROJECTS - REVISED PROJECT SCHEDULE TOTAL PROJECT COSTS UNISSUED DEBT SCHEDULE OTHER SOURCES UNISSUED DEBT SCHEDULE 0 - Impact Fees 1 - Grant and Interlocal Funds 2 - Other Sources (see Detail) 3 - Developer Agreements 4 - Decision Package 5 - Water / Wastewater Fund 6 - Park Development Fund 7 - Stormwater Drainage Fund 8 - TIRZ #1 9 - TIRZ #2 CIP Amendment 08/12/2014 PROJECT SCHEDULE FUNDING SOURCES SUBTOTAL STREET PROJECTS - ORIGINAL Other Sources OTHER SOURCES SUBTOTAL STREET PROJECTS - MODIFICATION PROJECT SCHEDULE TOTAL PROJECT COSTS FUNDING SOURCES FUNDING SOURCES SUBTOTAL UNISSUED DEBT SCHEDULE OTHER TOTAL PROJECT COSTS SOURCES Item 16 PRJ NO.TYPE DEPT CREATED UPDATED Street Eng 7/10/2014 8/4/2014 Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 TOTAL 300,000 300,000 0 0 0 0 300,000 0 0 0 0 0 300,000 Prior Yrs 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 TOTAL 8,000 8,000 292,000 292,000 0 0 0 300,000 0 0 0 0 0 300,000 Annual Impact 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2024 TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 OPERATING IMPACT TOTAL PROJECTED OPERATING IMPACT PROJECT ANNUAL OPERATING IMPACT One-Time Impact TOTAL PROJECT COST COST SUMMARY PROJECT COST Professional Services Construction TOTAL PROJECT COST Construction Complete n/a REVENUE SUMMARY FUNDING SOURCES Impact Fees Thoroughfare Construction Bid Opening n/a Construction Contract Award n/a Construction Start n/a n/a Utility Adjustment Complete n/a Design Complete n/a PROJECT DESCRIPTION LOCATION MAP Cost participation with DCFWSD #10 in the construction of Teel Parkway x north of Fishtrap Road. The Town is participating in the cost of adding a third lane to the bridge and aesthetic improvements. Design Consultant n/a General Contractor n/a PROJECT SCHEDULE Design Start n/a Land Acquisition Complete TOWN OF PROSPER CAPITAL IMPROVEMENT PROGRAM PROJECT TITLE Teel Parkway (DCFWSD #10) Item 16 Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between Denton County FWSD #10, and the Town of Prosper, Texas, related to the construction of Teel Parkway north of Fishtrap Road to serve the Artesia development. Description of Agenda Item: In 2003, the Town of Prosper, Denton County FWSD #10 (District), Huffiness Communities, Inc., Binary Investments, Inc., Sealed Bid DFW, L.P., and Inwood Plaza Joint Venture, entered into an agreement related to the Artesia development. The District is planning to construct two lanes of Teel Parkway north of Fishtrap Road to serve the Artesia development. As part of the project, the District is proposing to construct a two-lane bridge. Since Teel Parkway is ultimately planned to be a six-lane divided thoroughfare, it would be beneficial for the bridge to be constructed now as a three-lane bridge, versus a two-lane bridge. In accordance with the Town of Prosper Thoroughfare Plan in place at the time of the agreement, Teel Parkway was depicted as a four-lane divided thoroughfare and therefore, the District is not financially responsible for constructing the third lane of the bridge with the project but is willing to include in the third lane of the bridge in the project if the Town contributes to the bridge expansion. The attached agreement clarifies the financial contribution obligations of the Town towards the design and construction costs associated with the third lane of the bridge planned with this project as well as a potential future bridge further north. The agreement also addresses aesthetic upgrades to the bridge. Based on a CIP amendment being considered as a separate agenda item at this meeting, the Town will fund the improvements from the Thoroughfare Impact Fee fund. Budget Impact: The estimated cost of the design and construction for the proposed third lane of the bridge is $300,000 and will be funded from the West Thoroughfare Impact Fee fund. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Prosper is a place where everyone matters. ENGINEERING Item 17 Page 2 of 2 Attached Documents: 1. Interlocal Agreement 2. Old Thoroughfare Plan 3. Existing Thoroughfare Plan Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute an Interlocal Agreement between Denton County FWSD #10, and the Town of Prosper, Texas, related to the construction of Teel Parkway north of Fishtrap Road to serve the Artesia development. Proposed Motion: I move to authorize the Town Manager to execute an Interlocal Agreement between Denton County FWSD #10, and the Town of Prosper, Texas, related to the construction of Teel Parkway north of Fishtrap Road to serve the Artesia development. Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 Item 17 kj kj kj kj kj kj kj kj kj kj kj kj kjkj kj Parvin Rd.F.M. 1385GeeFish Trap Rd. U.S. 380 Dallas North TollwayProsper Trail First St.La Cima Blvd.Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461 F.M. 2478F.M. 2478Custer Rd.F.M. 423Teel Pkwy.Legacy Dr.Virginia Pkwy.BNSF RRS. ColemanN. ColemanLovers Ln Hays RdThoroughfare Plan Plate 3 March 2012 0 0.5 1 1.50.25 MilesZ Thoroughfare Description Old Town District (Section varies) Minor Thoroughfare (4 lane; 90' ROW) Commercial Couplet (3 lane; 65' ROW) Commercial Collector (2 lane; 60' ROW) Access Roads Dallas North Tollway Major Thoroughfare (6 lane; 120' ROW) Town of Prosper ETJ 100 Year Floodplain kj Minor Gateway Grade Separation RR Grade Separation Major Gatewaykj Item 17 Page 1 of 2 To: Mayor and Town Council From: Paul Naughton, RLA, Landscape Architect Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 12, 2014 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Dunaway Associates, LP, and the Town of Prosper, Texas, related to the Frontier Park North Conceptual Master Plan and Sexton Park Conceptual Master Plan project. Description of Agenda Item: Dunaway Associates, LP, is currently working on the update of the Parks, Recreation & Open Space Master Plan and nearing completion of the demand and needs assessments portion of the update. In order to expedite the planning of Frontier Park North and Sexton Park, information from the demand and needs assessments will be used to develop a Frontier Park Conceptual Master Plan and a Conceptual Master Plan for the Sexton Park property. The Conceptual Master Plans will be a tool that Town staff can use to plan future improvements and budgets for new infrastructure and recreational facilities. Dunaway Associates, LP, will perform professional services to provide Conceptual Master Plans for Frontier Park North and Sexton Park that will include the following: A. Data Gathering & Program Confirmation  Provide an Existing Conditions Base Map.  Coordinate Program Discussions and a Program Summary for each park property. B. Concept Master Plan  Provide two conceptual plan alternatives with preliminary cost budget projections.  Present to the Parks and Recreation Board and Town Council the two alternative conceptual plans.  Provide Final Illustrative Master Plan graphic with preliminary cost budget projections based on feedback. Budget Impact: The $33,150 for the Frontier Park North Conceptual Master Plan and Sexton Park Conceptual Master Plan project will be funded from cost savings in the Parks and Recreation Department’s 2013-2014 professional services approved budget related to the Parks, Recreation, and Open Space Master Plan Update. PARKS & RECREATION Prosper is a place where everyone matters. Item 18 Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement, as to form and legality. Attached Documents: 1. Professional Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement, in the amount of $33,150, between Dunaway Associates, LP, and the Town of Prosper, Texas, related to the Frontier Park North Conceptual Master Plan and Sexton Park Conceptual Master Plan project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement, in the amount of $33,150, between Dunaway Associates, LP, and the Town of Prosper, Texas, related to the Frontier Park North Conceptual Master Plan and Sexton Park Conceptual Master Plan Project. Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18