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02.10.2015 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 meetings. (RB)  Regular Meeting – January 27, 2015  Town Council Strategic Planning Session – January 28, 2015 4b. Consider and act upon approving the purchase of one backhoe loader for the Public Works Department, from RDO Equipment Company, through the Texas Local Government Purchasing Cooperative. (JC) 4c. Consider and act upon approving the purchase of one sewer camera, from Green Equipment Company, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program. (JC) 4d. Consider and act upon approving the purchase of six pick-up trucks and one sport utility vehicle for the Public Works and Building Inspection Departments, from Silsbee Ford, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program; and one sport utility vehicle for the Public Works Department, from Sam Pack's Five Star Ford, through the State of Texas Cooperative Purchasing Program. (JC) 4e. Consider and act upon an ordinance amending Article 12.05, “Parking, Stopping, and Standing,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, by adding a new section 12.05.003 “Parking of Commercial Motor Vehicles,” and reserving sections 12.05.004 through 12.05.030. (DK) 4f. Consider and act upon a resolution supporting the introduction and adoption of legislation in the Regular Session of the 84th Legislature of Texas that increases funding for the Texas Recreation and Parks Account and Large County and Municipality Recreation and Parks Account Local Park Grant Programs, and the Texas State Park System. (WM) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, February 10, 2015 6:00 p.m. Page 2 of 4 4g. Consider and act upon a resolution authorizing the reduction and release of the Town of Prosper’s extraterritorial jurisdiction and entering into a development agreement, as a result of the Interlocal Agreement Between the Town of Prosper and Denton County Fresh Water Supply District No. 10 for the Reduction and Release of Designated Portions of the Town of Prosper’s Extraterritorial Jurisdiction, and Development Agreement Between the Town of Prosper and CHS Savannah, L.P., by removing 61.003± acres of land from the Town’s extraterritorial jurisdiction, generally located west of FM 1385 and north of Fishtrap Road, and authorizing the Town Manager to execute the same. (HW) 4h. Consider and act upon authorizing the Town Manager to execute a Development Agreement between M/I Homes of DFW, LLC, and the Town of Prosper, Texas, related to the extension of water lines to serve the Preserve at Doe Creek development. (HW) 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. Conduct a Public Hearing, and consider and act upon a request to rezone 9.4± acres, located 500± feet north of Prosper Trail, 3,000± feet west of Dallas Parkway, from Agricultural (A) to Planned Development-Single Family-12.5 (PD-SF-12.5). (Z14-0016). (JW) 7. Conduct a Public Hearing, and consider and act upon an ordinance to rezone 0.6± acre, located at the northwest corner of First Street and Church Street, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z14-0018). (JW) DEPARTMENT ITEMS: 8. Update on the Parks, Recreation, and Open Space Master Plan. (PN) 9. Discussion on the Frontier Park North and Sexton Park Conceptual Master Plans. (PN) 10. Road Projects Update. (HW) Page 3 of 4 11. Consider and act upon approving the purchase and installation of new turf irrigation within the medians on Preston Road, between US 380 to Frontier Parkway, from All Around Landscape & Construction, the TxDOT contracted vendor. (MR) 12. Discussion on Commercial Building Permit Fees. (JW) 13. 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: 13a. Section 551.087 – To discuss and consider economic development incentives. 13b. 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. 13c. Section 551.071 – Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. 13d. Section 551.074 – To discuss and review the Town Manager’s performance evaluation. 14. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Frontier Park Parking. (HW)  Party at the Park, April 18,2015. (RB) 16. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted on February 6, 2015, 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. Page 4 of 4 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 6 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:01 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Meigs Miller Deputy Mayor Pro-Tem Kenneth Dugger Councilmember Curry Vogelsang, Jr. Councilmember Michael Korbuly Councilmember Mike Davis Councilmember Jason Dixon (arrived at 6:11 p.m.) Staff Members Present: Harlan Jefferson, Town Manager Angela Tucker, Administrative Assistant Terrence Welch, Town Attorney Hulon T. Webb, Jr., Executive Director of Development and Community Services John Webb, Director of Development Services Alex Glushko, Senior Planner Dan Heischman, Senior Engineer Matt Richardson, Senior Engineer Kent Austin, Finance Director January Cook, Purchasing Agent Doug Kowalski, Police Chief Ronnie Tucker, Fire Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Jason McConnell of Prosper United Methodist Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of upcoming events. Councilmember Korbuly made the following announcements: Registration for the Active Adults’ Choctaw trip that is scheduled for Wednesday, February 11, 2015, is being accepted by staff. More information is available at www.prosperparksandrec.org. The free annual Trout Derby, newly branded as the Family Fishing Derby, will be held on Saturday, March 7 from 9-11 a.m. Please visit the Parks and Recreation website at www.prosperparksandrec.org to register for this fun-filled family event. MINUTES Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 27, 2015 Item 4a Page 2 of 6 As the year-long Centennial Celebration in Prosper passes the half-way point, the Town is featuring a walk through history with local author Bill Hays who has written two extensive volumes on Prosper’s 100-year journey. A story time session designed for youngsters will be held on February 5 at 11:00 a.m. at the Prosper Historical Society’s museum located in the Prosper ISD Board Room, 605 East Seventh St. Songs, dances, and stories directly related to the day’s topic will be included. Several members of the Prosper Historical Society will appear in period costumes. A second presentation is set for Thursday, February 26 form 6 p.m. to 7:30 p.m. at the same locations that will be geared toward adults and families with older children. Any additional details that become available regarding the February 26 presentation will be provided closer to the time of the event. 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 meetings. (RB)  Regular Meeting – January 13, 2015 4b. Consider and act upon Resolution No. 15-08 approving the exclusion of land from the boundaries of Prosper Management District No. 1. (RB) 4c. Receive the December 2014 financial report. (KA) 4d. Receive the Quarterly Investment Report for the quarter ending December 31, 2014. (KA) 4e. Consider and act upon approving the purchase of two public safety rated sport utility vehicles for the Police Department, from Holiday Chevrolet, through a Tarrant County contract. (DK) 4f. Consider and act upon authorizing the Town Manager to execute a License and Irrigation/Landscape Maintenance Agreement between D.R. Horton-Texas, Ltd., Hawk Ridge Community Association, and the Town of Prosper, Texas, related to the perimeter landscaping improvements within the Hawk Ridge development. (HW) 4g. Consider and act upon adopting the Stormwater Management Program requirement to meet conditions of the TCEQ General Permit to discharge under the Texas Pollutant Discharge Elimination System. (DH) 4h. Consider and act upon Ordinance No 15-06 rezoning 56.5± acres, located on the west side of Teel Parkway, 300± feet south of Fishtrap Road, amending Planned Development-40 (PD-40), Exhibit C, Section 3., c., c. (Townhouse Uses), and d. (Residential Development Standards). (JW) 4i. Consider and act upon Ordinance No. 15-07 amending Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances, by adding a Item 4a Page 3 of 6 new Article 3.19, “Fence Regulations,” and repealing Ordinance No. 12- 01. (JW) 4j. 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) Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0. 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 - 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.) DEPARTMENT ITEMS: 6. Discussion on updating of utility billing policies. (KA) Finance Director Kent Austin presented this item before the Town Council. Town staff is proposing to prorate water and sewer charges for customers who have service for only a partial month. Residents who move, but stay within the Town limits of Prosper, are currently charged the base monthly amounts twice; once at the old address, and once at the new address. Mr. Austin presented a proposed proration schedule, and a modified fee schedule, dependent upon when the customer initiates or terminates service. He also proposed a new process for handling an unexplainable or unusually large bill. Proposed changes to this policy and other Utility Billing policies in Article 13.07 of the Code of Ordinances will be brought before Council for consideration at a future meeting. Kelly Vanaman, Utility Billing Administrator responded to questions from Council on the frequency of residents moving within the Town limits, which is typically 2-3 times per month. The new policy would allow the Utility Billing Administrator the flexibility to waive fees that are charged twice within one month, and to work with customers who have an unusually large bill. Item 4a Page 4 of 6 Mayor Smith opened Item 7 and Item 8 concurrently. 7. Consider and act upon an amendment to the Capital Improvement Plan (CIP). (MR) 8. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, related to the Lower Pressure Plane 42-Inch Transmission Line Alignment Study Project. (MR) Senior Engineer Matt Richardson presented this item before the Town Council. The proposed amendment to the Capital Improvement Plan is to add an additional $10,100 to the Lower Pressure Plane Pump Station and 42-Inch Transmission Line Project. Mr. Richardson continued the presentation by reviewing the proposed contract with Freese and Nichols for the engineering services for the Lower Pressure Plane 42- Inch Transmission Line Alignment Study Project. He responded to questions from Council about the proposed agreement, including the budget, and easement acquisition. The Transmission Line and the 10 MGD pump station are scheduled to be online by the summer of 2018 to supply additional water to fast growing areas on the west side of Prosper. Mr. Richardson and Hulon Webb, Executive Director of Development and Community Services, answered additional questions from Council, comparing the Lower Pressure Plane project with the Upper Pressure Plane project, and addressing concerns regarding the capacity of the future pump station. After discussion, Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to approve an amendment to the Capital Improvement Plan (CIP). The motion was approved by a vote of 7-0. Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded the motion to authorize the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, related to the Lower Pressure Plane 42-Inch Transmission Line Alignment Study Project. 9. Consider and act upon awarding Bid No. 2015-19-B to Groves Electrical Service, Inc., related to construction services for the SH 289 Median Lighting project; and authorizing the Town Manager to execute a construction agreement for same. (MR) Senior Engineer Matt Richardson presented this item before the Town Council. The project will include the installation of continuous median street lighting on SH 289 (Preston Road) between US 380 and Frontier Parkway with decorative poles and LED lighting fixtures. The project should be completed by June of 2015. January Cook, Purchasing Agent, responded to questions from the Town Council regarding reducing the number of lighting assemblies, and Mr. Richardson and Mr. Webb responded to questions related to the lighting design and spacing. After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded the motion to award Bid No. 2015-19-B to Groves Electrical Item 4a Page 5 of 6 Service, Inc., related to construction services for the SH 289 Median Lighting project; and authorizing the Town Manager to execute a construction agreement for same. 10. Discussion on Park Development and Open Space opportunities. (HW) Hulon Webb presented this item before the Town Council. At the December 9, 2014, Town Council meeting to discuss potential improvements to Cockrell Park, the Town Council asked staff to look at existing park areas that may be improved to provide additional practice space. Mr. Webb reviewed a list of existing park areas that could be improved. He then listed existing park areas that have recently been constructed that will provide additional practice space, and other park areas that are in various stages of development. Funding sources would need to be identified to pursue any of the suggested improvements. The Town Council discussed various options for park improvement. Mayor Smith recognized the following individual who requested to speak on this item: Jack Dixon, 810 Long Valley Court, Prosper, encouraged the Council to focus on Town facilities as well as Park facilities. Mr. Webb continued to respond to questions on various options for park development, and received feedback from the Town Council. Richard McGrath, 731 Buffalo Springs Drive, Prosper, encouraged the Town Council to follow the Parks & Recreation Master Plan and utilize community feedback to determine the Town priorities. He also encouraged the Town to develop a cooperative relationship with the City of Frisco when planning for Parks & Recreation facilities. 11. 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: 11a. Section 551.087 – To discuss and consider economic development incentives. 11b. 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. 11c. Section 551.071 – Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. 11d. Section 551.074 – To discuss and review the Town Manager’s performance evaluation. The Town Council recessed into Executive Session at 7:28 p.m. 12. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Item 4a Page 6 of 6 The Town Council reconvened the Regular Session at 8:11 p.m. Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly seconded the motion to approve a contract for the Town Manager as discussed in Executive Session. The motion was approved by a vote of 7-0. 13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Illuminated Street Name Signs. (HW) Mr. Hulon Webb updated the Town Council on the proposed street name signs. An item for the purchase of the signs will be brought forward at the February 24, 2015, Town Council meeting for consideration.  Zoning Improvement Process. (JW) Development Services Director John Webb updated the Council on proposed changes to the zoning process, including holding the public hearing and adopting the zoning ordinance at the same meeting, particularly for non-controversial items. Councilmember Korbuly expressed concern regarding the traffic flow at Frontier Park. Staff is considering options that include installing directional signage, and utilizing Town staff to direct traffic, as needed. Town staff will provide a recommendation at a future meeting. Deputy Mayor Pro-Tem asked for an update on the development of the intersection of US 380 and the Dallas North Tollway, particularly related to the southbound access road and a potential overpass. Councilmember Dixon requested that staff provide a report on the amount the Town has paid to Freese and Nichols from 2013 to present. 14. Adjourn. The meeting was adjourned at 8:27 p.m. These minutes approved on the 10th day of February, 2015. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a Page 1 of 4 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 9:01 a.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Meigs Miller Deputy Mayor Pro-Tem Kenneth Dugger Councilmember Michael Korbuly Councilmember Curry Vogelsang, Jr. Councilmember Mike Davis Councilmember Jason Dixon Staff Members Present: Harlan Jefferson, Town Manager Carol Myers, Executive Assistant/Deputy Town Secretary Hulon T. Webb, Jr., Executive Director of Development and Community Services John Webb, Director of Development Services Frank Jaromin, Public Works Director Leslie Scott, Library Director Baby Raley, Human Resources Director Kent Austin, Finance Director Robert Winningham, Executive Director, Prosper Economic Development Corporation Ronnie Tucker, Fire Chief Doug Kowalski, Police Chief Facilitator: Rob Franke 2. The Town Council will hold a strategic planning work session to discuss successes and accomplishments since the last planning work session and to prioritize future strategic goals. Town Manager Harlan Jefferson introduced Mr. Franke, who reviewed his background and reviewed the agenda for the day. He reviewed the highlights from the Council interviews, including communication among Council and staff, information management on social media, and communication with the public. Mr. Franke stressed the importance of Council members balancing their individual passions with the sharing of information, and keeping policy governance vs. task management in balance. Council discussed leadership, both in the short term to deal with immediate issues and provide direction to staff, and long term leadership to shape the future of the Town. Mr. Franke led a discussion about teamwork, building trust, and building consensus. Council indicated that trust comes from experience, knowledge, and motives, all of which take time to develop. MINUTES Special Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Wednesday, January 28, 2015 Item 4a Page 2 of 4 Council has spent time on policies and procedures, missions and values, and wants to begin the process of implementation. Mr. Franke encouraged the Council to examine the “why” whenever they make a decision. The Town Council discussed reinstating the Executive Development Team, and discussed the role of some of the other Council Subcommittees. Deputy Mayor Pro-Tem Dugger indicated that he would like Councilmember Davis to take his position on the Council Finance Subcommittee. Review of Vision Statement Mr. Franke reviewed the Town’s Vision Statement, particularly the tag line “Prosper is a Place Where Everyone Matters,” and what that means to the Council and to the community. Accomplishments and Progress toward 2014 Objectives Mr. Jefferson reviewed the list of Major Initiatives, and the existing Strategic Goals. Staff will continue to provide Council the “Top 10” items that are priorities, or upcoming items on which the Council will need to take action. Strategic Goals  Goal 1 - Recruit Targeted and Maintainable Economic Development  Goal 2 - Ensure Quality Residential Development  Goal 3 - Maintain Safety and Security  Goal 4 - Provide First Rate Utilities  Goal 5 - Provide Efficient and Effective Roads and Infrastructure  Goal 6 - Maximize Recreation and Leisure Opportunities  Goal 7 - Maintain Community Character  Goal 8 - Ensure Fiscal Stewardship  Goal 9 - Maintain A Quality Workforce  Goal 10 - Improve Town Facilities For each Strategic Goal, Town staff and Council discussed the following:  Major accomplishments from 2014 that were not part of the Strategic Goals  New action items Discussion on Town Hall/Multi-Purpose Facility Hal Sargent and Gina Irwin with Brinkley Sargent Architects provided a brief update on the plans for the Town Hall/Multipurpose Building, including multiple options for construction, and proposed budgets for each option. Council continued the conversation on the Town Hall/Multipurpose building, and then Mr. Franke asked Council to narrow the ten Strategic Goals down to their top five. Council’s consensus was to focus on the following Strategic Goals:  Development standards Council discussed their definitions of “quality” and provided some direction to Town staff regarding updating the Town’s residential, commercial, zoning, and land use standards. Item 4a Page 3 of 4 A Town Council Work Session, or Joint Work Session with the Planning & Zoning Commission may be utilized on a case by case basis for non-traditional or high- profile projects.  Town Facilities The Town Council discussed the future of the Town Library, and requested information on what standards would be needed to build a “Library of the Future.” Discussion also took place on maintenance costs of new facilities. Mr. Jefferson led the discussion on the acquisition of land needed for future Town facilities, specifically regarding an 11-acre area of the Blue Star tract, which is a time- sensitive issue. Council gave direction to acquire the site, and determine the ultimate use for the land at a later date. The Town Council continued discussion on facilities, including a possible bond election to fund new facilities. They also re-evaluated the location of the new Town Hall/Multi-Purpose Facility, and whether the Main Street site would be an interim facility or the ultimate location for Town Hall. Council indicated that more information and financial models were needed on both a phased-in approach to building the Town Hall/Multi-Purpose Facility, versus a campus approach. Funding options and the effect on the tax rate would also need to be explored. The Town Council requested that Town staff research and report back on whether bond funds could be used for immediate needs for Parks, Town Hall, and the Fire Station. Council will continue to work on an ultimate vision for Town facilities. The following items were identified as priorities, and were discussed briefly. Additional information will be provided to Council, or brought forward at future Council meetings.  Roads & Infrastructure  Parks Planning  Tax Rates/Fiscal Stewardship  Customer Service Presentations by Town Staff Hulon Webb, Executive Director of Development and Community Services, gave a presentation on Water Distribution Peaking Factor resulting from the continuing drought. Town staff recommended continuing water conservation efforts, updating the impact fee and Capital Improvement Plan (CIP) with a suitable peaking factor, and implementing a policy of education and enforcement to control peaking factor. Finance Director Kent Austin gave a presentation on the Effective Tax Rate, the Rollback Tax Rate, and Tax Increment Reinvestment Zones (TIRZ). He compared the tax rates with surrounding cities and towns, and explained options for additional sales tax alternatives, such as a Community Development Corporation, Fire Control, Prevention, and EMS District, or Crime Control and Prevention District, among others. Council discussed the merits of each option, particularly on the Fire Control and Crime Control options. Council requested additional information on how the funds for each of the sales tax alternatives may be used. In conclusion, Town staff was directed to provide Council with the following information on the Town Hall/Multi-Purpose Facility:  A timetable for Council action items  Financial models and additional options for a phased approach Item 4a Page 4 of 4  Financial models for a campus approach  Operations and maintenance (O&M) cost estimates An ultimate decision will still need to be determined for the final plans for the Town Hall/Multi-Purpose Facility, and the ultimate location for Town Hall. Town staff was directed to return to Council within one month with the requested information. In closing, Mr. Franke explained that the discussion items and suggestions would be compiled into a report for the Town Council that would be finalized in approximately two weeks. 3. 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: 3a. Section 551.087 – To discuss and consider economic development incentives. 3b. 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. The Executive Session was not held. 4. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 5. Adjourn. The meeting was adjourned at 5:06 p.m. on Wednesday, January 28, 2015. These minutes approved on the 10th day of February, 2015. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a Page 1 of 2 To: Mayor and Town Council From: January Cook, CPPO, CPPB, Purchasing Agent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – February 10, 2015 Agenda Item: Consider and act upon approving the purchase of one backhoe loader for the Public Works Department, from RDO Equipment Company, through the Texas Local Government Purchasing Cooperative. Description of Agenda Item: This backhoe loader is on the list of approved replacements for the FY 2014-2015 Vehicle Equipment Replacement Program. The new equipment will allow Public Works to work with more efficiency, and shorten repair times. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper entered into an interlocal participation agreement in June 2005, providing the Town’s participation in the Texas Local Government Purchasing Cooperative. Participation in the cooperative purchasing program allows our local government to purchase goods and services from the cooperative’s online purchasing system, BuyBoard, while satisfying all competitive bidding requirements. Budget Impact: The price of the backhoe loader is $85,425, and will be funded by the Vehicle Equipment Replacement Fund (VERF) (41-6140-50). The total budget for this item is $95,000. The savings realized will be used to offset overages on other replacement units. Attached Documents: 1. Quote Town Staff Recommendation: Town staff recommends approval of the purchase of one backhoe loader for the Public Works Department, from RDO Equipment Company, through the Texas Local Government Purchasing Cooperative. Prosper is a place where everyone matters. FINANCE Item 4b Page 2 of 2 Proposed Motion: I move to approve the purchase of one backhoe loader for the Public Works Department, from RDO Equipment Company, through the Texas Local Government Purchasing Cooperative. Item 4b Investment Proposal (Quote) RDO Equipment Co. 3230 East Airport Freeway Irving TX, 75062 Phone: 972-438-4699 - Fax: 972-438-6789 Proposal for: TOWN OF PROSPER 121 W BROADWAY PO BOX 307 PROSPER, TX, 75078 Collin (972) 346-2640 Investment Proposal Date: Pricing Valid Until: Deal Number: Customer Account#: Sales Professional: Phone: Fax: Email: 1/20/2015 4/30/2015 744974 8880663 Brandon Aldridge (972) 438-4699 (972) 554-2132 BAldridge@rdoequipment.com Comments BUYBOARD QUOTE 424-13 Equipment Information Quantity Serial Number Hours (approx.) Status / Year / Make / Model Additional Items Cash Price 1 TBD 0 New 2015 JOHN DEERE 310L $85,425.00 Equipment Subtotal: $85,425.00 Purchase Order Totals Balance:$85,425.00 Total Taxable Amount:$85,425.00 Sales Tax Total:$0.00 Sub Total:$85,425.00 Cash with Order:$0.00 Balance Due: $85,425.00 Equipment Options Quantity Serial Number Year / Make / Model Description 1 TBD 2015 JOHN DEERE 310L 0A60T - 310L BACKHOE LOADER 1065 - ENGINE FT4 1700 - JDLINK ULT W/850/1900MHZ 3YR 2035 - CAB STANDARD 2401 - DECAL ENG W/ENG PACKET 3075 - AXLE MFWD 4WD OPEN DIFF 4462 - TIRE GAL 19.5L24 16.5XD2010 5285 - CONTROL PILOT 5400 - COUPLER LESS 5626 - BUCKET HDUTY 18" 5.1CU FT 6020 - DIPPER EXTENDABLE 7025 - LDR CPLR 1 LEVER HYD NO AUX 7635 - LDR BKT 1.12CY LG LIP BUCKET 8485 - COUNTERWEIGHT 1250LB 8685 - BATTERY DUAL W/JUMP POST 9045 - EXHAUST CHROME EXTENSION 9060 - MIRROR INTERIOR FRONT VIEW 9210 - CONSOLE LEFT HAND W/CUP HOLD 9505 - GUARD FULL MFWD 9919 - SUN VISOR D744974 Page 1 of 1 Attachment 1 Page 1 of 1 To: Mayor and Town Council From: January Cook, CPPO, CPPB, Purchasing Agent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – February 10, 2015 Agenda Item: Consider and act upon approving the purchase of one sewer camera, from Green Equipment Company, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program. Description of Agenda Item: This sewer camera is on the list of approved replacements for the FY 2014-2015 Vehicle Equipment Replacement Program for the Public Works Department. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper and HGAC entered into an interlocal agreement, effective January 4, 2001, which allows our local government to purchase certain goods or services through HGAC. The agreement renews automatically each fiscal year, unless cancelled by either party. Budget Impact: The price of the sewer camera is $68,790.42, and will be funded by the Vehicle Equipment Replacement Fund (VERF) (41-6140-55). The total budget for this item is $70,000.00. The savings realized will be used to offset overages on other replacement units. Attached Documents: 1. Quote Town Staff Recommendation: Town staff recommends approval of the purchase of one sewer camera, from Green Equipment Company, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program. Proposed Motion: I move to approve the purchase of one sewer camera, from Green Equipment Company, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program. Prosper is a place where everyone matters. FINANCE Item 4c Contract No.:SC01-12 Date Prepared:2/2/2015 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Product Code:E-019 Description: 68,000 Cost Cost 66.62 CONTRACT PRICING WORKSHEET For Standard Equipment Purchases Rovveer X 130 Truck Mount System This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Jimmy Fougerousse 817-247-5039 Green Equipment CompanyCity of Prosper A. Product Item Base Unit Price Per Contractor's H-GAC Contract: jimmyfougerousse@greenequipco.com Aubrey Smith 972-347-9969 aubrey_smith@prospertx.gov B. Published Options - Itemize below - Attach additional sheet if necessary - Include Option Code in description if applicable (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Description E-000-0036-00 - Tyger Tail Subtotal B: 66.62 Cost Cost 323.8 Subtotal C: 323.8 0% D. Total Cost before any other applicable Charges, Trade-Ins, Allowances, Discounts, Etc. (A+B+C) 1 68390.42 = Subtotal D: 68390.42 Cost Cost 400 Subtotal E: 400 68790.42F. Total Purchase Price (D+E):Delivery Date:30 Days Subtotal From Additional Sheet(s): Quantity Ordered: Description Description For this transaction the percentage is: Description X Subtotal of A + B + C: Description Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). C. Unpublished Options - Itemize below - Attach additional sheet if necessary (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Subtotal From Additional Sheet(s): Spec - Top Hole Roller Freight E. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges F. Total Purchase Price (D E): Delivery Date: 30 Days Attachment 1 Page 1 of 2 To: Mayor and Town Council From: January Cook, CPPO, CPPB, Purchasing Agent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – February 10, 2015 Agenda Item: Consider and act upon approving the purchase of six pick-up trucks and one sport utility vehicle for the Public Works and Building Inspection Departments, from Silsbee Ford, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program; and one sport utility vehicle for the Public Works Department, from Sam Pack's Five Star Ford, through the State of Texas Cooperative Purchasing Program. Description of Agenda Item: The following items are on the list of approved replacements for the FY 2014-2015 Vehicle Equipment Replacement Program:  Two 2015 Ford F150 Regular Cab Pick-Up Trucks (Replacing Units PW-24 and PW- 1103)  One 2015 Ford F150 Super Cab Pick-Up Truck (Replacing Unit PW-1104)  One 2015 Ford Expedition (Replacing Unit PW-86) The following items are approved FY 2014-2015 supplemental requests for additional positions:  One 2015 Ford F150 Regular Cab Pick-Up Truck (Plumbing Inspector)  One 2015 Ford F150 Super Cab Pick-Up Truck (Backflow Inspector)  One 2015 Ford Explorer (Storm Water Utility Administrator)  One 2015 Ford F350 Chassis with Flat Bed (Utility Crew Leader) The 2015 Ford Expedition will be purchased from Sam Pack's Five Star Ford, through the State of Texas Cooperative Purchasing Program. All other items will be purchased from Silsbee Ford, through the HGAC Cooperative Purchasing Program. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper entered into an interlocal participation agreement, providing the Town’s participation in the State of Texas Cooperative Purchasing Program. Participation in the program allows our local government to purchase goods and services through the cooperative contract, while satisfying all competitive bidding requirements. Prosper is a place where everyone matters. PURCHASING Item 4d Page 2 of 2 Additionally, the Town of Prosper and HGAC entered into an interlocal agreement, effective January 4, 2001, which allows our local government to purchase certain goods or services through HGAC. The agreement renews automatically each fiscal year, unless cancelled by either party. Budget Impact: The total price for the purchase of six pick-up trucks and two sport utility vehicles is $336,912.71 and will be funded as follows: Public Works Budget Purchase Price Difference Approved Supplemental Requests $ 79,000.00 $ 81,390.25 $ (2,390.25) Approved Replacements (VERF) $ 241,000.00 $ 238,086.71 $ 2,913.29 Total Public Works $ 320,000.00 $ 319,476.96 $ 523.04 Building Inspection Budget Purchase Price Difference Approved Supplemental Requests $ 14,560.00 $ 17,435.75 $ (2,875.75) Transfer Salary Savings to Offset $ 2,875.75 $ 2,875.75 Total Building Inspection $ 17,435.75 $ 17,435.75 $ - Grand Total $ 337,435.75 $ 336,912.71 $ 523.04 The savings realized from the approved replacement units for Public Works will offset the shortage of $2,390.25 for the approved supplemental requests. Additionally, salary savings realized from vacant positions in Building Inspection will offset the shortage of $2,875.75 for the approved supplemental request. Attached Documents: 1. Silsbee Ford Quote - Three 2015 Ford F150 Regular Cab Pick-Up Trucks 2. Silsbee Ford Quote - Two 2015 Ford F150 Super Cab Pick-Up Trucks 3. Silsbee Ford Quote - One 2015 Ford F350 Chassis with Flat Bed 4. Silsbee Ford Quote - One 2015 Ford Explorer 5. Sam Pack's Five Star Ford Quote - One 2015 Ford Expedition Town Staff Recommendation: Town staff recommends approval of the purchase of six pick-up trucks and one sport utility vehicle for the Public Works and Building Inspection Departments, from Silsbee Ford, through the HGAC Cooperative Purchasing Program; and one sport utility vehicle for the Public Works Department, from Sam Pack's Five Star Ford, through the State of Texas Cooperative Purchasing Program. Proposed Motion: I move to approve the purchase of six pick-up trucks and one sport utility vehicle for the Public Works and Building Inspection Departments, from Silsbee Ford, through the HGAC Cooperative Purchasing Program; and one sport utility vehicle for the Public Works Department, from Sam Pack's Five Star Ford, through the State of Texas Cooperative Purchasing Program. Item 4d Contract No.:VE11-13 Date Prepared:1/30/2015 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Product Code:D18 Description: 15,778.00$ Cost Cost 1,110.00$ -$ -$ -$ -$ CONTRACT PRICING WORKSHEET For MOTOR VEHICLES Only 2015 FORD F150 REGULAR CAB A. Product Item Base Unit Price Per Contractor's H-GAC Contract: (409) 895-3884 This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. TOWN OF PROSPER JANUARY COOK (972) 569-1018 JANUARY_COOK@PROSPERTX.GOV SILSBEE FORD RICHARD HYDER (409) 300-1385 B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) RHYDER.COWBOYFLEET@GMAIL.COM Description F1C REGULAR CAB 4X2 8' BED 2015 ALUMINUM BODY, 3.5L V6 GAS, SEE ATTACHED Description YZ EXTERIOR--WHITE 3.5L V6 GAS AG INTERIOR--VINYL 40/20/40 EARTH GRAY -$ Subtotal B: 1,110.00$ Cost Cost Subtotal C: -$ 0% 3 16,888.00$ = Subtotal D: 50,664.00$ Subtotal E: -$ Cost Cost 1,643.25$ Subtotal F: 1,643.25$ 52,307.25$ G. Total Purchase Price (D+E+F): Delivery Date: ~90-120 DAYS ARO Subtotal From Additional Sheet(s): Quantity Ordered: For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). Description Description DELIVERY 313 MILES E. H-GAC Order Processing Charge (Amount Per Current Policy) D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C) F. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges X Subtotal of A + B + C: Subtotal From Additional Sheet(s): Description Description C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Attachment 1 Contract No.:VE11-13 Date Prepared:1/30/2015 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Product Code:D19 Description: 17,701.00$ Cost Cost 1,110.00$ -$ -$ -$ -$ 178.00$ YZ EXTERIOR--WHITE 3.5L V6 GAS AG INTERIOR--VINYL 40/20/40 EARTH GRAY B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) RHYDER.COWBOYFLEET@GMAIL.COM Description X1C SUPERCAB 4X2 6.5' BED FLOOR PLAN INTEREST 2015 ALUMINUM BODY, 3.5L V6 GAS, SEE ATTACHED Description CONTRACT PRICING WORKSHEET For MOTOR VEHICLES Only 2015 FORD F150 SUPERCAB A. Product Item Base Unit Price Per Contractor's H-GAC Contract: (409) 895-3884 This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. TOWN OF PROSPER JANUARY COOK (972) 569-1018 JANUARY_COOK@PROSPERTX.GOV SILSBEE FORD RICHARD HYDER (409) 300-1385 71.00$ -$ Subtotal B: 1,359.00$ Cost Cost Subtotal C: -$ 0% 2 19,060.00$ = Subtotal D: 38,120.00$ Subtotal E: -$ Cost Cost 1,095.50$ Subtotal F: 1,095.50$ 39,215.50$ LOT INSURANCE Description Description C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Subtotal From Additional Sheet(s): E. H-GAC Order Processing Charge (Amount Per Current Policy) D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C) F. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges X Subtotal of A + B + C: G. Total Purchase Price (D+E+F): Delivery Date: ~10 DAYS ARO Subtotal From Additional Sheet(s): Quantity Ordered: For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). Description Description DELIVERY 313 MILES Attachment 2 Contract No.:VE11-13 Date Prepared:1/30/2015 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Product Code:D31 Description: 21,654.00$ Cost Cost -$ 7,972.00$ -$ -$ 254.00$ 339.00$ Z1 EXTERIOR WHITE 52B TRAILER BRAKE CONTROLLER AS INTERIOR VINYL 40/20/40 B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) RHYDER.COWBOYFLEET@GMAIL.COM Description F3G F350 4X2 DRW X4N 4.10 LIMITED SLIP AXLE 99T 6.7L V8 DIESEL Description CONTRACT PRICING WORKSHEET For MOTOR VEHICLES Only 2015 FORD F350 CHASSIS DRW A. Product Item Base Unit Price Per Contractor's H-GAC Contract: (409) 985-3884 This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. TOWN OF PROSPER FRANK JAROMIN (214) 585-6136 FRANK.JAROMIN@PROSPERTX.GOV SILSBEE FORD RICHARD HYDER (409) 300-1385 329.00$ 5,121.00$ 216.00$ 86.00$ -$ Subtotal B: 14,317.00$ Cost Cost Subtotal C: -$ 0% 1 35,971.00$ = Subtotal D: 35,971.00$ Subtotal E: 600.00$ Cost Cost 547.75$ Subtotal F: 547.75$ 37,118.75$ 512 SPARE TIRE AND WHEEL 39 FLAT BED WITH GOOSENECK BODY AND TWO Description Description C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) FLOOR PLAN INTEREST UNDERBODY TOOLBOXES LOT INSURANCE Subtotal From Additional Sheet(s): E. H-GAC Order Processing Charge (Amount Per Current Policy) D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C) F. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges X Subtotal of A + B + C: G. Total Purchase Price (D+E+F): Delivery Date: ~90 DAYS ARO Subtotal From Additional Sheet(s): Quantity Ordered: For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). Description Description DELIVERY 313 MILES Attachment 3 Contract No.:VE11-13 Date Prepared:1/30/2015 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Product Code:D12 Description: 23,221.00$ Cost Cost 895.00$ -$ -$ 7L INTERIOR STONE CLOTH B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) RHYDER.COWBOYFLEET@GMAIL.COM Description K7B EXPLORER 4X2 YZ EXTERIOR--WHITE Description CONTRACT PRICING WORKSHEET For MOTOR VEHICLES Only 2015 FORD EXPLORER A. Product Item Base Unit Price Per Contractor's H-GAC Contract: (409) 895-3884 This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. TOWN OF PROSPER JANUARY COOK (972) 569-1018 JANUARY_COOK@PROSPERTX.GOV SILSBEE FORD RICHARD HYDER (409) 300-1385 -$ Subtotal B: 895.00$ Cost Cost Subtotal C: -$ 0% 1 24,116.00$ = Subtotal D: 24,116.00$ Subtotal E: -$ Cost Cost 547.75$ Subtotal F: 547.75$ 24,663.75$ Description Description C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Subtotal From Additional Sheet(s): E. H-GAC Order Processing Charge (Amount Per Current Policy) D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C) F. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges X Subtotal of A + B + C: G. Total Purchase Price (D+E+F): Delivery Date: ~90-120 DAYS ARO Subtotal From Additional Sheet(s): Quantity Ordered: For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). Description Description DELIVERY 313 MILES Attachment 4 End User: Sam Pack's Rep: Contact:Date: Contact TN/Email Phone # Product Description: Exterior Color / Interior WHITE A. Bid Series:Base Price:26,180.04$ B.Published Options (Itemize Each Below) Code Bid Price Code Bid Price 44W Included Included Included Included 3,212.00$ Included Total of B. - Published Options 3,212.00$ C. Code Bid Price Code Bid Price Total of C. - Dealer Published Options -$ D. Code Bid Price Code Bid Price Total of D. - Off Menu Options -$ F.Delivery Charges 0 Miles @ $2.45/mile -$ G.Option Discounts -$ H.Total of A + B + C + D + E = F 29,392.04$ I.$0.00 J.$0.00 K.Quantity Ordered 1 X F =29,392.04$ L.Administrative Fee -$ M.Non-Equip Charges & Credits N.TOTAL PURCHASE PRICE INCLUDING ADMIN FEE $29,392.04 Lot Insurance Coverages Floor Plan Assistance Fleet Quote Description Description Six Cylinder Eco-Boost January Cook 1/6/2016 Team Members - Kevin Moore - Ruben Santana - Grace Torres - Bill Dutton - Alan Rosner 1635 S. IH 35E Carrollton Texas, 75006 (888) 8 FLEET 9 (888-835-3389) - FAX 972-245-5278 - bidtx@spford.com Description Description Town of Prosper Alan Rosner january_cook@prospertx.gov 2015 Ford Expedition - 4x4 665C 972.569.1018 Automatic Transmission 2 Year State Inspection Power Group 4 wheel drive Air Conditioning Description Description Ford Factory Published Options Sam Pack's Five Star Ford CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks Contract Name:State of Texas 071-072-AT 2014 - Texas Smartbuy Contract Attachment 5 Page 1 of 1 To: Mayor and Town Council From: Douglas Kowalski, Chief of Police Through: Harlan Jefferson, Town Manager Re: Town Council, Meeting February 10, 2015 Agenda Item: Consider and act upon an ordinance amending Article 12.05, “Parking, Stopping, and Standing,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, by adding a new section 12.05.003 “Parking of Commercial Motor Vehicles,” and reserving sections 12.05.004 through 12.05.030. 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 and parking on certain public and residentially zoned areas within the Town, and wishes to provide additional safety for its residents and the traveling public by amending Section 12.05, “Parking, Stopping, and Standing,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, by the addition of section 12.05.003, “Parking of Commercial Motor Vehicles,” making it unlawful for commercial motor vehicles to park in residentially zoned areas and certain public places including, but not limited to roadways, alleys, and public right-of-ways. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., prepared the attached Ordinance. Attached Documents: 1. Ordinance Town Staff Recommendation: Staff recommends that the Town Council approve the ordinance by amending Section 12.05 “Parking, Stopping, and Standing,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, by adding a new section 12.05.003 “Parking of Commercial Motor Vehicles,” and reserving sections 12.05.004 through 12.05.030. Proposed Motion: I make a motion to approve the ordinance amending Article 12.05, “Parking, Stopping, and Standing,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, by adding a new section 12.05.003 “Parking of Commercial Motor Vehicles,” and reserving sections 12.05.004 through 12.05.030. Prosper is a place where everyone matters. POLICE Item 4e TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ARTICLE 12.05, “PARKING, STOPPING AND STANDING,” OF CHAPTER 12, “TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING A NEW SECTION 12.05.003, “PARKING OF COMMERCIAL MOTOR VEHICLES,” AND RESERVING SECTIONS 12.05.004 THROUGH 12.05.030; 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, the Texas Transportation Code, as amended, provides that the governing body of a municipality may adopt parking regulations; and WHEREAS, the Town has investigated and determined that additional parking regulations relative to commercial motor vehicles are both warranted and prudent, and it is the desire of the Town to adopt the following regulations related thereto. 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 Article 12.05, “Parking, Stopping and Standing,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances is hereby amended by adding a new Section 12.05.003, “Parking of Commercial Motor Vehicles,” and reserving sections 12.05.004 through 12.05.030, to read as follows: “ARTICLE 12.05 PARKING, STOPPING AND STANDING * * * Sec. 12.05.003 Parking of Commercial Motor Vehicles Parking of commercial motor vehicles shall comply with the following provisions: (a) It shall be unlawful for any person to park or store, or allow to be parked or stored, any commercial motor vehicle upon any public street, alley, parkway, boulevard, public place, public right-of-way or railroad right-of-way within the corporate limits of the Town. This subsection shall not apply to street construction equipment, maintenance and repair equipment or trucks, rollers and implements, equipment trailers or vehicles used by public service utility companies Item 4e Ordinance No. 15-__, Page 2   engaged in repairing or extending public service utilities when used, or intended for use, in the general vicinity; motor buses when taking on or discharging passengers at the customary bus stops; vehicles parked in a designated loading zone while in the act of accepting from the immediate shipper or delivering to a consignee or addressee any transportable thing; or vehicles with mechanical defects during the time it takes to make emergency repairs. (b) It shall be unlawful for any person to park or store, or allow to be parked or stored, any commercial motor vehicle upon property within any residentially zoned district or any property used for residential purposes, within the corporate limits of the Town. This subsection shall not prevent the parking or standing of the above-described vehicles in such zoned areas for the purpose of expeditiously loading and unloading passengers, freight or merchandise. (c) For subsections (a) and (b) of this section, the court may take judicial notice of an owner’s manual, dealer brochure and other such similar informational literature, which may constitute a prima facie presumption of the size and weight of the vehicle. This presumption is rebuttable and shall have the effects and consequences set forth in V.T.C.A., Penal Code § 2.05. Secs. 12.05.004—12.05.030 Reserved” 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. 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 10TH DAY OF FEBRUARY, 2015. Item 4e Ordinance No. 15-__, Page 3 APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Item 4e Page 1 of 2 To: Mayor and Town Council From: Will Mitchell, Parks and Recreation Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – February 10, 2015 Agenda Item: Consider and act upon a resolution supporting the introduction and adoption of legislation in the Regular Session of the 84th Legislature of Texas that increases funding for the Texas Recreation and Parks Account and Large County and Municipality Recreation and Parks Account Local Park Grant Programs, and the Texas State Park System. Description of Agenda Item: The Texas Parks and Wildlife Department (“TPWD”) administers the Texas Recreation and Parks Account Local Park Grant Program (“TRPA”) and the Large County and Municipality Recreation and Parks Account (Urban Account) and manages 94 state parks and historical sites in Texas. TPWD has separate accounts in their general revenue fund referred to as the TRPA and Urban Account for the purpose of providing matching grants to introduce new populations to outdoor experiences. The matching grants provided by the TPWD are utilized for the planning, acquisition, and development of local park, recreation, and open space areas to be owned and maintained by political subdivisions. Funds granted to political subdivisions under the TRPA and Urban Account guidelines have funded 1,629 projects over 30 years delivering over $800 million to the local Texas economy. Political subdivisions throughout the State of Texas depend on grants from the TPWD through the TRPA to stimulate the acquisition and development of parks and recreation areas for the benefit and enjoyment of their citizenry. The TRPA, Urban Account, and state parks receive funding from sales tax on sporting goods, and the development of new parks stimulates the purchase of sporting goods. The TRPA, Urban Account, and state parks also receive funding from federal dollars used for parks, recreation, open space, trails, and tourism from the United States Department of the Interior Land and Water Conservation Fund (LWCF), the Sport Fish Restoration Boat Access program and the United States Department of Transportation Recreation Trails. The development of parks encourages and promotes public health, economic development, job creation, education, corporate relocations, as well as improved quality of life, and juvenile crime prevention. Funds are needed for major repairs at local and state parks and for the acquisition of parks and facilities. The purpose of this resolution is to request that members of the 84th Legislature of Texas seek passage of legislation maximizing the use of revenues from the sporting goods sales tax and federal funds to increase funding for parks and recreation programs for both local and state parks Prosper is a place where everyone matters. PARKS & RECREATION Item 4f Page 2 of 2 and that all TRPA and Urban Account funded park projects be subject to the established TPWD competitive scoring system; and that members of the 84th Legislature of Texas restore funding to the TRPA and Urban Accounts in the amount of at least $15.5 million per year. 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 adopt a resolution in support of the introduction and adoption of legislation in the Regular Session of the 84th Legislature of Texas that increase funding for the Texas Recreation and Parks Account and Large County and Municipality Recreation and Parks Account Local Park Grant Programs, and the Texas State Park System. Proposed Motion: I move to adopt a resolution in support of the introduction and adoption of legislation in the Regular Session of the 84th Legislature of Texas that increases funding for the Texas Recreation and Parks Account and Large County and Municipality Recreation and Parks Account Local Grant Programs, and the Texas State Park System. Item 4f TOWN OF PROSPER, TEXAS RESOLUTION NO. 15-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REQUESTING THAT MEMBERS OF THE 84th LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS, AND THE TEXAS STATE PARK SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Parks & Wildlife Department (“TPWD”) administers the Texas Recreation & Parks Account Local Park Grant Program (“TRPA”) and the Large County and Municipality Recreation and Parks Account (Urban Account) and manages 94 state parks and historical sites in Texas; and WHEREAS, TPWD has separate accounts in its general revenue fund referred to as the TRPA and Urban Account for the purpose of providing matching grants to political subdivisions for parks and recreation projects, and for outreach grants to introduce new populations to outdoor experiences; and WHEREAS, the matching grants provided by TPWD are utilized for the planning, acquisition, and development of local park, recreation, and open space areas to be owned and maintained by political subdivisions; and WHEREAS, funds granted to political subdivisions under the TRPA and Urban Account guidelines have funded 1629 projects of the 3,470 submitted over 30 years delivering over $800 million to the local Texas economy; and WHEREAS, political subdivisions throughout the State of Texas depend on grants from TPWD through the TRPA to stimulate the acquisition and development of parks and recreational areas for the benefit and enjoyment of their citizenry; and WHEREAS, the TRPA, Urban Account, and state parks are funded from sales tax on sporting goods and the development of new parks stimulates the purchase of sporting goods; and WHEREAS, the TRPA, Urban Account, and state parks are partially funded from federal dollars used for parks, recreation, open space, trails, and tourism from the United States Department of the Interior Land and Water Conservation Fund (LWCF), the Sport Fish Restoration Boat Access program and the United States Department of Transportation Recreation Trails; and WHEREAS, the maintenance and improvements of state park and historic sites and the addition of new parks is a priority to Texans due to the state’s expanding population and extensive tourism industry; and WHEREAS, the development of parks encourages and promotes public health, economic development, job creation, education; corporate relocations, an improved quality of life, and juvenile crime prevention; and Item 4f Resolution No. 15-__, Page 2 WHEREAS, funds are needed for major repairs at local and state parks and for the acquisition and development of parks and facilities; and WHEREAS, it is the desire of the Town Council that a copy of this resolution with appropriate names affixed thereto be presented to the Governor of Texas and the leadership of the 84th Texas Legislature. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town hereby resolves that members of the 84th Legislature of Texas seek passage of legislation maximizing the use of revenues from the sporting goods sales tax and federal funds to increase funding for parks and recreation programs for both local and State parks and that all TRPA and Urban Account funded park projects be subject to the established TPWD competitive scoring system. The Town hereby further resolves that the members of the 84th Legislature of Texas restore funding to the TRPA and Urban accounts in the amount of at least $15.5 million per year. SECTION 3 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 10TH DAY OF FEBRUARY, 2015. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4f 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 – February 10, 2015 Agenda Item: Consider and act upon a resolution authorizing the reduction and release of the Town of Prosper’s extraterritorial jurisdiction and entering into a development agreement, as a result of the Interlocal Agreement Between the Town of Prosper and Denton County Fresh Water Supply District No. 10 for the Reduction and Release of Designated Portions of the Town of Prosper’s Extraterritorial Jurisdiction, and Development Agreement Between the Town of Prosper and CHS Savannah, L.P., by removing 61.003± acres of land from the Town’s extraterritorial jurisdiction, generally located west of FM 1385 and north of Fishtrap Road, and authorizing the Town Manager to execute the same. Dscription of Agenda Item: Denton County Fresh Water Supply District No. 10, owns approximately 61.003 acres of land west of FM 1385 and north of Fishtrap Road which is located in the Town of Prosper’s Extraterritorial Jurisdiction (ETJ). They have requested that the Town of Prosper enter into an agreement to remove the property from its ETJ. The agreement attached clarifies the terms of the agreement to reduce the ETJ of the Town of Prosper and contains the following requirements:  Development Building Restrictions  Transaction Fee  Common Area and Open Space Dedication Requirement Budget Impact: In accordance with the agreement, the Denton County Fresh Water Supply District No. 10, will pay a transaction fee to the Town of Prosper, Texas, in the amount of $79,304 ($1,300/acre), for the reduction of the 61.003 acres of land from the Town of Prosper’s ETJ. The Denton County Fresh Water Supply District No. 10, will contribute $5,000 towards the legal preparation fees. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the attached resolution and Interlocal Agreement as to form and legality. Attached Documents: 1. Resolution 2. Interlocal Agreement DEVELOPMENT AND COMMUNITY SERVICES Prosper is a place where everyone matters. Item 4g Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution authorizing the reduction and release of the Town of Prosper’s extraterritorial jurisdiction and entering into a development agreement, as a result of the Interlocal Agreement Between the Town of Prosper and Denton County Fresh Water Supply District No. 10 for the Reduction and Release of Designated Portions of the Town of Prosper’s Extraterritorial Jurisdiction, and Development Agreement Between the Town of Prosper and CHS Savannah, L.P., by removing 61.003± acres of land from the Town’s extraterritorial jurisdiction, generally located west of FM 1385 and north of Fishtrap Road, and authorizing the Town Manager to execute the same. Proposed Motion: I move to approve a resolution authorizing the reduction and release of the Town of Prosper’s extraterritorial jurisdiction and entering into a development agreement, as a result of the Interlocal Agreement Between the Town of Prosper and Denton County Fresh Water Supply District No. 10 for the Reduction and Release of Designated Portions of the Town of Prosper’s Extraterritorial Jurisdiction, and Development Agreement Between the Town of Prosper and CHS Savannah, L.P., by removing 61.003± acres of land from the Town’s extraterritorial jurisdiction, generally located west of FM 1385 and north of Fishtrap Road, and authorizing the Town Manager to execute the same. Item 4g TOWN OF PROSPER, TEXAS RESOLUTION NO. 15-____ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 10 FOR THE REDUCTION AND RELEASE OF DESIGNATED PORTIONS OF THE TOWN OF PROSPER’S EXTRATERRITORIAL JURISDICTION, AND DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF PROSPER AND CHS SAVANNAH, L.P., AS MORE FULLY DESCRIBED HEREIN, AND TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME, INCLUDING THE TOWN COUNCIL’S CONSENT TO SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, CHS Savannah, L.P., is a real estate development company that is developing a portion of the property contained in Denton County Fresh Water Supply District No. 10, consisting of 61.003 acres, more or less, in the extraterritorial jurisdiction (“ETJ”) of the Town of Prosper, Texas (“Prosper”), which property is more particularly described in the Interlocal Agreement Between the Town of Prosper and Denton County Fresh Water Supply District No. 10 for the Reduction and Release of Designated Portions of the Town of Prosper’s Extraterritorial Jurisdiction, and Development Agreement Between the Town of Prosper and CHS Savannah, L.P. (“Agreement”), attached hereto as Exhibit A and incorporated by reference; and WHEREAS, Section 42.023 of the Texas Local Government Code authorizes Prosper to enter into an agreement to reduce its ETJ; and WHEREAS, Prosper, Denton County Fresh Water Supply District No. 10 and CHS Savannah, L.P., have negotiated the attached Agreement and all pertinent matters related thereto have been fully addressed by each of them. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute the “Interlocal Agreement Between the Town of Prosper and Denton County Fresh Water Supply District No. 10 for the Reduction and Release of Designated Portions of the Town of Prosper’s Extraterritorial Jurisdiction, and Development Agreement Between the Town of Prosper and CHS Savannah, L.P.,” and take any and all other actions necessary to effectuate the same. This Resolution shall constitute consent to the terms and conditions contained in said Agreement. Resolution No. 15-__, Page 1 Item 4g SECTION 3 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 10TH DAY OF FEBRUARY, 2015. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Resolution No. 15-__, Page 2 Item 4g EXHIBIT A (Interlocal Agreement Between the Town of Prosper and Denton County Fresh Water Supply District No. 10 for the Reduction and Release of Designated Portions of the Town of Prosper’s Extraterritorial Jurisdiction, and Development Agreement Between the Town of Prosper and CHS Savannah, L.P.) Resolution No. 15-__, Page 3 Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g Item 4g 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 – February 10, 2015 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between M/I Homes of DFW, LLC, and the Town of Prosper, Texas, related to the extension of water lines to serve the Preserve at Doe Creek development. Description of Agenda Item: At the January 13, 2015, Town Council meeting, staff requested that this item be tabled to the February 10, 2015, Town Council meeting. The item was tabled in order to allow staff time to complete the West Prosper Roads Agreement with M/I Homes of DFW, LLC., and Terra Verde for consideration by the Town Council at the same meeting. At this time, the West Prosper Roads Agreement has not been executed by all parties. Once complete, both the Development Agreement between M/I Homes of DFW, LLC, and the Town of Prosper, Texas, related to the extension of water lines to serve the Preserve at Doe Creek development, and the West Prosper Roads Agreement will be scheduled for consideration at the next available Town Council meeting. Town Staff Recommendation: Town staff recommends that the Town Council table this item to a future Town Council meeting. Proposed Motion: I move to table the item to a future Town Council meeting. Prosper is a place where everyone matters. ENGINEERING Item 4h Page 1 of 1 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – February 10, 2015 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 9.4± acres, located 500± feet north of Prosper Trail, 3,000± feet west of Dallas Parkway, from Agricultural (A) to Planned Development-Single Family-12.5 (PD-SF-12.5). (Z14-0016). History: At the January 13, 2015, Town Council meeting, this item was tabled and the public hearing was continued to the February 10, 2015, Town Council meeting. The item was tabled in order to give the applicant an opportunity to reassess the request and determine if the lot layout and the recommendations of the Low Density Residential District of the Future Land Use Plan, with regard to lot size (15,000 square feet) and density (1.6 dwelling units per acre) could be achieved. Description of Agenda Item: The applicant has requested this item be tabled and the public hearing be continued to the March 24, 2015, Town Council meeting, to allow additional time for reassessing the request to determine if the recommendations of the Future Land Use Plan are achievable. Attached Documents: 1. Tabling request letter Town Staff Recommendation: Town staff recommends the Town Council continue the public hearing and table the item to the March 24, 2015, Town Council meeting. Proposed Motion: I move to continue the public hearing and table the item to the March 24, 2015, Town Council meeting. Prosper is a place where everyone matters. PLANNING Item 6 Item 6 Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – February 10, 2015 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance to rezone 0.6± acre, located at the northwest corner of First Street and Church Street, from Single Family-15 (SF-15) to Downtown Office (DTO). (Z14-0018). 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 Single Family-15 Undeveloped Old Town Core District - Office North Single Family-15 Single Family Old Town Core District - Office East Downtown Office Public Park/Municipal Facility Old Town Core District - Office South Single Family-15 Undeveloped Old Town Core District - Office West Single Family-15 Single Family Old Town Core District - Office Requested Zoning – Z14-0018 is a request to rezone 0.6± acre, located at the northwest corner of First Street and Church Street from Single Family-15 (SF-15) to Downtown Office (DTO). At the time of an application for “straight” zoning, the applicant is not required to submit an exhibit depicting how the property will be developed. But the applicant indicated that a single office building, centered on the property, could be developed. Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 2 Future Land Use Plan – The Future Land Use Plan recommends Old Town Core District – Office. The Comprehensive Plan notes that this area along First Street will gradually transition to boutique, cottage-style office uses. The proposed rezoning request is in conformance with the Future Land Use Plan. Thoroughfare Plan – First Street is within the “Old Town District/Section E” on the Thoroughfare Plan. This segment of First Street is anticipated to be a two-lane, undivided roadway with on- street parallel parking. Church Street and Second Street are not on the Thoroughfare Plan. Water and Sanitary Sewer Services – Water and sanitary sewer service are available at the site. Access – Access to the property is provided from First Street, Church Street and Second Street. Schools – This property is located within the Prosper Independent School District (PISD). Parks – It is not anticipated that this property will be needed for the development of a park. There is a small public park immediately east of the site. Environmental Considerations – There is no 100-year floodplain on the property. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. To date, staff has received two public hearing notice reply forms; not in opposition to the request. The attached ordinance is a standard format that was previously approved by the Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P. Attached Documents: 1. Zoning map of the surrounding area 2. Public Hearing Notice Reply Forms 3. Ordinance Planning & Zoning Commission Recommendation: At the January 20, 2015, meeting, the Planning & Zoning Commission recommended the Town Council approve the request to rezone 0.6± acre, located at the northwest corner of First Street and Church Street, from Single Family-15 (SF-15) to Downtown Office (DTO), by a vote of 6-0. Town Staff Recommendation: Town staff recommends that the Town Council approve the request and adopt an ordinance to rezone 0.6± acre, located at the northwest corner of First Street and Church Street, from Single Family-15 (SF-15) to Downtown Office (DTO). Proposed Motion: I move to approve the request and adopt an ordinance to rezone 0.6± acre, located at the northwest corner of First Street and Church Street, from Single Family-15 (SF-15) to Downtown Office (DTO). Item 7 SCHURCHSTS PARVIN STE SECOND ST E FIRST ST DTOS-3 C DTO DTO SF-15 SF-15 Z14-0018 ±0 50 100 Feet 1 inch = 100 feet Item 7 Item 7 Item 7 TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 0.64 ACRE, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY AMENDED AND PLACED IN THE ZONING CLASSIFICATION OF DOWNTOWN OFFICE (DTO); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Pettis Under Construction (“Applicant”) to rezone 0.64 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 0.64 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Downtown Office (DTO). The Property as a whole and for this zoning classification is more particularly described in Exhibit “A” attached hereto and incorporated herein for all purposes as if set forth verbatim. Item 7 Ordinance No. 15-__, Page 2 All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three (3) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Item 7 Ordinance No. 15-__, Page 3 SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF FEBRUARY, 2015. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 7 Item 7Ordinance No. 15-__, Page 4 Page 1 of 1 To: Mayor and Town Council From: Paul Naughton, RLA, Landscape Architect Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – February 10, 2015 Agenda Item: Update on the Parks, Recreation, and Open Space Master Plan. Description of Agenda Item: At the December 9, 2014, Town Council meeting, Mr. Neeley presented to Council an overview of what has been accomplished. He presented the first two phases of the master planning process which included preparing base maps and an inventory of the Town’s park system, demographic and standards analysis, and a needs assessment. Mr. Neeley discussed the results of the online survey of Town of Prosper residents that was conducted in July of 2014 regarding needed facilities and amenities, and potential funding options. Elizabeth McIlrath of Dunaway Associates continued the presentation by reviewing in more detail the top fifteen high-priority rankings that were identified in the survey. The Town Council encouraged the master plan to include a realistic timeline for implementation, and to identify potential funding sources utilizing public/private partnerships and other strategies to fund park improvements. The master plan will include a five to ten-year implementation plan, cost information, and amendments to park development standards. Since the December 9, 2014, Town Council meeting, staff and Dunaway Associates have reviewed the feedback and attended the Parks Master Plan Advisory Committee meeting on January 26, 2015, to discuss what was said at Town Council, funding options, and the priority rankings. They also set a date to have the next Parks Master Plan Public Input meeting on February 23, 2015, at the Prosper High School. The purpose of this agenda item is to present the information that will be discussed at the Parks Master Plan Public Input meeting. Attached Documents 1. Priority ranking presentation from Action Plan Town Staff Recommendation: Town staff requests that the Town Council provide feedback on the Parks, Recreation, and Open Space Master Plan update. Prosper is a place where everyone matters. PARKS & RECREATION Item 8 Draft Parks Action Plan Item 8 Priority Rankings*Parks Action Plan Item 8 *Parks Action Plan HighPriorityItems Item 8 *Parks Action Plan HighPriorityItems Item 8 *Parks Action Plan HighPriorityItems Item 8 *Parks Action Plan HighPriorityItems Item 8 *Parks Action Plan ModeratePriorityItems Item 8 *Parks Action Plan ModeratePriorityItems Item 8 *Parks Action Plan ModeratePriorityItems Item 8 *Parks Action Plan LowPriorityItems Item 8 *Parks Action Plan LowPriorityItems Item 8 *Parks Action Plan LowPriorityItems Item 8 Page 1 of 1 To: Mayor and Town Council From: Paul Naughton, RLA, Landscape Architect Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – February 10, 2015 Agenda Item: Discussion on the Frontier Park North and Sexton Park Conceptual Master Plans. Description of Agenda Item: At the September 23, 2014, Town Council meeting, the Town Council approved an agreement with Dunaway Associates for the Frontier Park North and Sexton Park Conceptual Master Plans project. As part of the discussion on the agreement, the Town Council requested the scope of services include Council in the process. At the December 9, 2014, Town Council meeting, Elizabeth McIlrath of Dunaway Associates presented the on-site assessment of Frontier Park North and Sexton Park. Ms. McIlrath reviewed the existing conditions of Frontier Park and Sexton Park, and received initial ideas for program and facility improvements to the sites. Dunaway Associates has incorporated the feedback received from the Town Council and developed different concept plans for Frontier Park and Sexton Park with costs associated. The concepts, along with the feedback received from the Town Council, will be presented to the Parks and Recreation Board for input at their February 12, 2015, meeting. Town Staff Recommendation: Town staff requests that the Town Council provide feedback on the Frontier Park North and Sexton Park Conceptual Master Plans. Prosper is a place where everyone matters. PARKS & RECREATION Item 9 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 – February 10, 2015 Agenda Item: Road Projects Update. Description of Agenda Item: At the January 27, 2015, Town Council meeting, the Town Council requested an update on the Dallas North Tollway (DNT) extension north of US 380 and the DNT southbound service road within the limits of Prosper. Also, at the January 28, 2015, Strategic Planning Session, the Town Council requested a timeline for a couple of road projects. Based on the comments received, Town staff will be providing the Town Council with an update on the following road projects planned by the NTTA and Collin County, road projects recently completed, Town projects currently under construction or design, and the status of remaining approved CIP road projects.  Projects planned by the NTTA and Collin County: o DNT extension north of US 380 o DNT southbound service road  Projects recently completed: o Preston Road (US 380 - Frontier) – TxDOT Paving o Prosper Road Improvement Projects (Asphalt)  Coit Road (First - Frontier)  Coleman Street (Broadway - Prosper Trail)  First Street (DNT - Coleman) o Prosper Road Improvement Projects (Concrete)  First Street (Church - Craig)  Rhea Mills  Projects currently under construction: o Preston Road (US 380 - Frontier)  Median Landscaping / Irrigation  Median Lighting  Illuminated Street Name Signs o Seventh Street (Coleman - PISD Admin) o Teel Parkway (DCFWSD #10) o US 380 (Lovers - Custer) - TxDOT o US 380 (Denton CL - Lovers) - TxDOT Prosper is a place where everyone matters. ENGINEERING Item 10 Page 2 of 2  Projects currently under design: o Coleman Street (Prosper Trail - High School) o Coleman Street (High School - Preston Road) o Downtown Enhancements o First Street (DNT - Coleman): 4 lane divided design being negotiated o Prosper Trail (Kroger - Coit): 4 lane divided design being negotiated o Prosper Trail (Preston Road - Kroger) o West Prosper Roads:  Gee Road (US 380 - FM 1385)  Fishtrap (Gee Road - Teel Parkway)  Teel Parkway (US 380 - Fishtrap)  Remaining approved CIP Road Projects: FY 2014-2015 o Broadway (McKinley - Main) o Custer Road Turn Lanes at Prosper Trail - TxDOT o Fifth Street (BNSF Railroad - Coleman) o McKinley Street (First - Fifth) FY 2015-2016 o Church Street (First - Broadway) o First Street (Townlake - Custer) o Fishtrap Road (Artesia - Dallas Parkway) o Frontier Parkway (DNT - Preston) FY 2016-2017 o Church Street (Broadway - PISD) o Eighth Street (Church – PISD Admin) o Field Street (Third - Broadway) o Main Street (Broadway - First) o Parvin Road (Good Hope - FM 1385) o Pasewark (Preston - End) FY 2017-2018 o Coleman Street (at Prosper High School) Attached Documents:  Summary of Five-Year CIP Plan (Street Projects) Town Staff Recommendation: Town staff requests that the Town Council provide feedback on the Road Projects Update. Item 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 01 0803-ST First Street and Coit Rd Widening 8,250,000 (75,000)8,175,000 6,594,300 0,1,2,3 1,580,700 0 02 1205-ST Asphalt Roads 2014: Coit, Coleman, First 1,390,796 (136,622)1,254,174 1,254,174 0 03 1207-ST Concrete Roads 2014: Rhea Mills, First 1,000,000 1,000,000 304,000 696,000 0 696,000 04 1418-ST SH 289 Median Paving & Conduit 125,000 (67,000)58,000 58,000 4 0 05 1405-ST Coleman Street (Prosper Trail - HS) 319,100 1,560,900 1,880,000 1,380,000 0 500,000 0 06 1412-ST Downtown Enhancements (Broadway - Main) 60,000 490,000 550,000 550,000 4 0 07 Broadway (McKinley - Main) 113,000 113,000 113,000 0 08 Custer Road Turn Lanes @ Prosper Trail 100,000 100,000 100,000 0 0 09 Fifth Street (BNSF Railroad - Coleman) 216,000 216,000 216,000 0 216,000 10 Gates of Prosper Road Improvements, Phase 1 2,000,000 2,000,000 2,000,000 8 0 11 McKinley Street (First - Fifth) 275,000 275,000 275,000 0 275,000 12 1416-ST Seventh Street (Coleman - PISD Admin) 11,000 979,000 990,000 431,723 5,7 558,277 0 13 1415-ST Teel Parkway (DCFWSD #10) 2,600,000 2,600,000 2,600,000 0,X 0 14 West Prosper Road Improvements 12,531,000 12,531,000 8,266,000 1,3 3,065,000 1,200,000 4,265,000 15 Church Street (First - Broadway) 170,000 170,000 170,000 0 170,000 16 Coleman Street (HS - Preston Road) 1,412,500 1,412,500 1,412,500 1 0 17 First Street (Townlake - Custer) 420,000 420,000 420,000 0 420,000 18 Fishtrap Road (Artesia - Dallas Parkway) 820,000 820,000 378,000 442,000 820,000 19 Frontier Parkway (DNT - Preston) 3,650,000 3,650,000 1,635,000 0 365,000 1,650,000 0 2,015,000 20 DNT Southbound Frontage Road 1,200,000 8,300,000 9,500,000 3,300,000 9 6,200,000 6,200,000 21 Church Street (Broadway - PISD) 375,000 375,000 375,000 0 375,000 22 Eighth Street (Church - PISD Admin) 160,000 160,000 160,000 0 160,000 23 Field Street (Third - Broadway) 41,000 41,000 41,000 0 41,000 24 Main Street (Broadway - First) 181,000 181,000 181,000 0 181,000 25 Parvin Road (Good Hope - FM 1385) 270,000 270,000 270,000 0 270,000 26 Pasewark (Preston - End) 280,000 280,000 280,000 0 280,000 27 1414-ST Prosper Trail (Preston - Coit) 1,034,900 950,000 2,665,100 4,650,000 3,359,900 0,1,3 1,290,100 475,000 815,100 28 Coleman Street (at Prosper HS) 850,000 850,000 425,000 1 425,000 425,000 29 DNT Southbound Braided Ramp 4,000,000 4,000,000 4,000,000 9 0 30 Gates of Prosper Road Improvements, Phase 2 500,000 500,000 500,000 8 0 31 Gates of Prosper Road Improvements, Phase 3 15,200,000 15,200,000 15,200,000 8 0 32 Gates of Prosper Road Improvements, Phase 4 7,500,000 7,500,000 7,500,000 8 0 8,250,000 2,830,896 20,661,278 8,707,400 10,557,000 3,515,100 0 27,200,000 81,721,674 59,312,423 4,310,151 1,061,000 7,481,000 9,557,100 0 5,452,000 3,425,000 7,982,000 1,240,100 0 0 Summary of Five-Year Capital Improvement Program - 02/10/2015 General Fund Projects INDEXSTREET PROJECTS PROJECT SCHEDULE TOTAL PROJECT COSTS 01 FUNDING SOURCES UNISSUED DEBT SCHEDULE OTHER SOURCES SUBTOTAL Item 10 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 – February 10, 2015 Agenda Item: Consider and act upon approving the purchase and installation of new turf irrigation within the medians on Preston Road, between US 380 and Frontier Parkway, from All Around Landscape & Construction, the TxDOT contracted vendor. Description of Agenda Item: The Texas Department of Transportation (TxDOT) competitively bid the installation of landscaping and irrigation on SH 289 between US 380 and FM 1461 and awarded a contract to All Around Landscape & Construction (AALC). The original scope of work included irrigation of landscape beds and trees but did not include irrigation of turf in accordance with standard TxDOT policy. Town staff negotiated with TxDOT for an exception to this policy to provide turf irrigation in conformance with other Town medians. This exception was approved by TxDOT in November 2014, after the contract was awarded to AALC. Following approval of the exception by TxDOT, Town staff began working with AALC and a landscape architect to determine the scope of necessary modifications to the original irrigation design to support the addition of turf irrigation. Upon completion of this design, Town staff began negotiating pricing with AALC for the materials and labor associated with the modifications. The negotiated pricing totals $125,544.13. Town staff has reviewed the pricing and found it to be consistent with industry standards. Budget Impact: The budget for this project is $135,000. Funding in the amount of $68,000 is already allocated to the SH 289 Median Landscaping project. Additional funding in the amount of $67,000 will be reallocated from the SH 289 Median Paving and Conduit project. This will have a net zero impact on the overall CIP. Staff has previously purchased irrigation meters in the amount of $1,498 leaving available funding of $133,502. This purchase in the amount of $125,544.13 leaves a contingency budget of $7,958.87. Attached Documents: 1. Location Map 2. Quote Prosper is a place where everyone matters. ENGINEERING Item 11 Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council approve the purchase and installation of new turf irrigation within the medians on Preston Road, between US 380 and Frontier Parkway, from All Around Landscape & Construction, the TxDOT contracted vendor. Proposed Motion: I move to approve the purchase and installation of new turf irrigation within the medians on Preston Road, between US 380 and Frontier Parkway, from All Around Landscape & Construction, the TxDOT contracted vendor. Item 11 SH 289 Median Landscaping (US 380 to FM 1461) Item 11 Name I Address Town of Prosper Michael Bulla Description (((I\:) \\ \\-!f: "':.•!"~ ~ ·"'-LL ~ROL '\O LA1'0SC APE S. C;Oi'<STRL(:TID" Install Turf irrigation per plans on Preston Road. Includes 5 additional sleeves, Mainline increases, controll er size increase, and turf heads Remove Crrigation from median between Sta. 588 & Sta 592 Irrigation design fee ----CHANGE ORDER--~- J!l/luary 30 , 2015 >Added Irrigation Remo val (-$12,023 .70) >Added Irrigation Design (+.$4,500 .00) Total change to estimate -$7,523 . 70 Sales Tax Qty Total Quote Date Quote# 1/14/2015 1434 Rep Project Total l 133,067.83 1 -12,023.70 I 4,5 00 .00 0.00 $125,544 13 Item 11 Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – February 10, 2015 Agenda Item: Discussion on Commercial Building Permit Fees. Description of Agenda Item: When the Town updated its residential permit fees in 2011, it did not update its commercial building permit fees from 2002. After gathering information from ten (10) benchmark cities on our list, Prosper’s commercial building permit fees are approximately 30% of the average of the fees of the surveyed cities. Evaluation of our commercial fee schedule was also initiated after input from Prosper ISD that our fees are higher than other communities. The survey indicates that the Town would collect $1,394 in permit fees for a typical restaurant with a drive-thru. The average permit fee of the surveyed cities is $5,211. Similarly, the permit fee for a medical office building would be $5,039.00 in Prosper; while the average fee of the survey cities would be $16,064.00. As of this date, six (6) of the survey cities responded that they charge their ISD’s building permit fees; three (3) cities indicated that they do not charge their ISDs’ permit fees. Celina, which is not on our survey list, charges the permit fees for schools. Attached are several charts depicting the range of permit fees being charged by the benchmark cities. The attachments also note the total fee when impact fees are included. Impact fees are charged to new development to offset its impact on the Town’s water, wastewater facilities, and thoroughfares. Impact fees help pay the cost of building or expanding infrastructure in order to provide the adequate service that new development requires. Towns and cities such as Prosper and Frisco have significantly higher impact fee rates due to being in an environment of high growth and the need to build a significant amount of infrastructure to accommodate the growth. School districts are not required to pay impact fees. With the increase in residential permits and the resulting demand on the resources of our inspections staff, the Town recently contracted with Bureau Veritas (BV), a professional third party plan review and inspection company for commercial building permit applications. The action was necessary to ensure the plans of the facilities are reviewed in a timely manner, and the numerous inspections are also performed in a timely manner. Since the cost for this third Prosper is a place where everyone matters. DEVELOPMENT SERVICES Item 12 Page 2 of 2 party service is similar to the average of the fees charged by the benchmark cities, the Town is currently paying significantly more than what is being collected. Budget Impact: The current budget did not initially include funding for the third party plan review and inspection company. When the agreement with BV was executed in November, 2014, Town staff was able to able to amend the Building Inspection’s budget by transferring $25,000 from Salaries to Professional Services. Funding was available in the Salaries account due to the numerous vacancies in that division. While staff is hopeful that the vacancies in Building Inspections can be filled in the near future, the demand for service continues to outpace the current staffing capabilities. Therefore, BV’s service will be needed for an indefinite period of time, and additional budget amendments will be necessary. The current commercial permit fees charged are not enough to cover the cost of BV’s services. An amendment to the commercial fee schedule will ensure that adequate funding is available and will bring Prosper’s permit fees in line with those of the area cities. Attached Documents: 1. Exhibit A – Restaurant with Drive-Thru Permit Fees 2. Exhibit B – Medical Office Permit Fees 3. Exhibit C – Big Box Grocery Store Permit Fees 4. Exhibit D – Elementary School Permit Fees 5. Exhibit E – Restaurant with Drive-Thru Permit & Impact Fees 6. Exhibit F – Medical Office Permit & Impact Fees 7. Exhibit G – Big Box Grocery Store Permit & Impact Fees Town Staff Recommendation: Town staff requests that the Town Council provide direction on whether to initiate a formal amendment to the commercial building permit fee schedule. Item 12 Restaurant w/Drive Thru Permit Fees $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 Restaurant w/Drive thru Prosper Allen Colleyville Coppell Fairview Flower Mound Frisco HP McKinney Plano Southlake Avg Avg Exhibit A Item 12 Medical Office Permit Fees $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 Medical Office Building Prosper Allen Colleyville Coppell Fairview Flower Mound Frisco HP McKinney Plano Southlake Avg Avg Exhibit B Item 12 Big Box Grocery Store Permit Fees $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 Grocery Store Prosper Allen Colleyville Coppell Fairview Flower Mound Frisco HP McKinney Plano Southlake Avg Avg Exhibit C Item 12 Elementary School Permit Fees $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,000 $200,000 Elementary School Prosper Allen Celina Colleyville Coppell Fairview Flower Mound Frisco HP McKinney Plano Southlake Avg Avg Exhibit D Item 12 Restaurant w/Drive Thru Permit & Impact Fees $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 Restaurant w/Drive thru Prosper Allen Colleyville Coppell Fairview Flower Mound Frisco HP McKinney Plano Southlake Avg Permit Fee Impact FeeAvg Exhibit E Item 12 Medical Office Permit & Impact Fees $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 Medical Office Building Prosper Allen Colleyville Coppell Fairview Flower Mound Frisco HP McKinney Plano Southlake Avg Permit Fee Avg Exhibit F Item 12 Big Box Grocery Store Permit & Impact Fees $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 Grocery Store Prosper Allen Colleyville Coppell Fairview Flower Mound Frisco HP McKinney Plano Southlake Avg Permit Fee Impact FeeAvg Exhibit G Item 12