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03.28.17 Town Council Regular Meeting Packet Page 1 of 3 ] 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 recent and upcoming events. 4. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 4a. Consider and act upon minutes from the following Town Council meeting. (RB)  Regular Meeting – March 14, 2017 4b. Consider and act upon a resolution amending Section 3.(c) of the Prosper Economic Development Corporation bylaws. (KN) 4c. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between RPGA Design Group, Inc., and the Town of Prosper, Texas, related to conducting a needs assessment for the Public Safety Facility project. (DK) 4d. Consider and act upon an ordinance repealing and replacing Article 4.06, “Wrecker Services,” of Chapter 4, “Business Regulations,” of the Code of Ordinances related to towing services. (DK) 4e. Consider and act upon an ordinance amending Subsection 3 of Section 4.09.004, “Permit Requirements; Additional Regulations,” and Subsection (a) of Section 4.09.007, “Fees,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances, related to the provision of off-duty police officers for traffic control and related activities, and deposit requirements for special events on private property. (DK) 4f. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.93 acres of real property, situated generally in the Collin County School #12 Land Survey, Abstract 147, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Old Town Regional Detention/Retention project, and for other public purposes permitted by law. (SG) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, March 28, 2017 6:00 p.m. Page 2 of 3 4g. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.215 acres of real property, situated generally in the Bryants First Addition, Block 7, in the Town of Prosper, Collin County, Texas, necessary for the construction of the First Street project and for other public purposes permitted by law. (SG) 4h. 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) 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. 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 for a Variance to the Sign Ordinance, regarding a model home monument sign, for Grenadier Homes, located on the southeast corner of Redstem Drive and Pavonia Lane (4281 Pavonia Lane). (V17-0002). (AG) DEPARTMENT ITEMS: 7. Consider and act upon approving a recommendation from the Prosper Youth Sports Commission (PYSC) on the proposed multipurpose fields striping for the Frontier Park North Field Improvements project. (DR) 8. 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: 8a. Section 551.087 – To discuss and consider economic development incentives. 8b. 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. Page 3 of 3 8c. Section 551.071 – Consultation with the Town Attorney regarding possible litigation regarding bond issues, and all matters incident and related thereto. 9. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 10. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Speed Limits on Town Roadways. (HW)  Town Hall Brick and Mortar Selection. (HW)  Residential Design Standards. (JW) 11. 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 by 5:00 p.m., on March 24, 2017, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569- 1011 at least 48 hours prior to the meeting time. Page 1 of 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 Curry Vogelsang, Jr. (arrived at 6.28 p.m.) Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Mike Davis Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Steve Glass, Deputy Director of Engineering Services Dudley Raymond, Parks & Recreation Director Kelly Neal, Finance Director Leigh Johnson, Information Technology Director Doug Kowalski, Police Chief Gary McHone, Assistant Police Chief 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor John Fowler of First Presbyterian Church of Prosper led the invocation. The Pledge of Allegiance and the Pledge to the Texas flag were recited. 3. Announcements of recent and upcoming events. Councilmember Davis read the following announcements: The Police Department welcomed five new officers, and celebrated the promotion of three officers at a ceremony earlier this afternoon. The Town Council would like to welcome Officer Bennett Sparks, Officer Stephen Stovall, Officer Paul Boothe, Officer Carter Anderson, and Officer Keith Mann. Congratulations to Ron Castro on his promotion to Patrol Sergeant, to Larry Windon on his promotion to Detective, and to Daniel Travis, who has been selected as a Field Training Officer for the Prosper PD. Mayor Smith is challenging businesses, schools, churches and residents to participate in the "It's Time Texas Community Challenge." To show your support and earn points for Prosper, please register at www.ITTCommunityChallenge.com. Prosper is in a race for first place as the Healthiest Small Community in Texas, and there is still time to get MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, March 14, 2017 Item 4a Page 2 of 6 involved. The winning community will receive an $1,800 grant for healthy school initiatives. The contest ends on March 31. The North Texas Municipal Water District will conduct annual maintenance on the Town’s water system through April 10. During this time, residents may detect a slight difference in the taste and smell of the water. The maintenance work does not affect the purity or usability of the Town’s water supply. The 6th Annual Prosper Spring Clean Up will take place this Saturday, March 18, from 8:00 a.m.-noon. The drop-off zone will be located along Craig Road in front of Rucker Elementary. Prosper residents are asked to enter Craig Road from Broadway, and proceed south to drop off unwanted items such as scrap lumber, electronics, and furniture. The Lions Club will collect old eyeglasses to be refurbished, and Secure On-Site Shredding will be available for residents to shred their old documents and personal papers. More information is available on the Town website. Registration is now open for Prosper’s Spring recreation programs. Sign up at www.ProsperParksandRec.org. Councilmember Korbuly announced the Prosper Lady Eagles Soccer Team is still undefeated, and is ranked #2 going into the playoff season. 4. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 4a. Consider and act upon minutes from the following Town Council meeting. (RB)  Regular Meeting – February 28, 2017 4b. Receive the January 2017 Financial Report. (KN) 4c. Consider and act upon Resolution No. 17-19 authorizing various individuals as signers of specific accounts and certain investment matters. (KN) Deputy Mayor Pro-Tem Dixon removed Item 4d from the Consent Agenda. Councilmember Davis removed Item 4e from the Consent Agenda. Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 6-0. 4d. Consider and act upon approving a list of qualified brokers/dealers and financial institutions that are authorized to engage in investment transactions with the Town of Prosper and the Prosper Economic Development Corporation. (KN) Item 4a Page 3 of 6 Finance Director Kelly Neal and Town Manager Harlan Jefferson clarified that the approved list of brokers/dealers will allow the Town to conduct investment transactions with approved financial institutions; however, FirstSouthwest will continue to serve as the Town’s financial advisor. Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Davis seconded the motion to approve the list of qualified brokers/dealers and financial institutions that are authorized to engage in investment transactions with the Town of Prosper and Prosper Economic Development Corporation. The motion was approved by a vote of 6-0. 4e. Consider and act upon approving a Master Agreement for fiber internet service between AT&T and the Town of Prosper, Texas, related to improving the Town’s internet connection speeds; and authorizing the Town Manager to execute same. (LJ) Information Technology Director Leigh Johnson responded to questions from the Council on the terms of the contract, including price, speed, and the eventual connectivity to the new Town Hall. He clarified that the contract with AT&T will provide service to Town facilities; however, the recent addition of Speed of Light as an internet provider in Prosper is available to residents. Councilmember Davis made a motion and Councilmember Dugger seconded the motion to approve a Master Agreement for fiber internet service between AT&T and the Town of Prosper, Texas, related to improving the Town’s internet connection speeds; and authorize the Town Manager to execute same. The motion was approved by a vote of 6- 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. 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: Mayor Smith skipped to Item 7 at this time. 7. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Halff Associates, Inc., and the Town of Prosper, Texas, related to the design of the Prosper Gateway Monument project. (DR) Item 4a Page 4 of 6 Parks and Recreation Director Dudley Raymond presented this item before the Town Council. Halff Associates will prepare three concept options, contract documents, and specifications, for the primary gateway monument location at Preston Road and US 380. The concept options will be brought before the Town Council for review and further refinement at a future meeting. Additional monuments will be located throughout the Town at locations identified in the Thoroughfare Plan that will mimic the original gateway design. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the motion to authorize the Town Manager to execute a Professional Services Agreement between the Town of Prosper, Texas, and Halff Associates, Inc., related to the Prosper Gateway Monument Design Project. The motion was approved by a vote of 6-0. 8. Discussion on the location of the Lower Pressure Plane Ground Storage Tank and Pump Station. (HW) Mayor Pro-Tem Vogelsang arrived at 6:28 p.m. and took his place at the Council bench. Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. He introduced Jeff Payne with Freese & Nichols, who assisted with the presentation. Since 2015, the Town Council has discussed locating the proposed Lower Pressure Plane Ground Storage Tank and Pump Station along Richland Boulevard west of Prosper Commons Boulevard. During recent discussions about acquiring the land needed to facilitate the project, concerns were conveyed about the screening and aesthetics of the tanks. Mr. Webb and Mr. Payne discussed the advantages and disadvantaged of locating the Lower Pressure Plane Ground Storage Tank and Pump Station along Richland Boulevard west of Prosper Commons Boulevard or at the current Custer Road Pump Station site along Custer Road, north of US 380. Mr. Payne further discussed the cost comparisons of each option, noting that the tank could be buried up to the ring beam, however, there would be additional associated excavation and pumping costs. After discussion, the Council provided direction to Town staff to pursue Option 2 (Richland Blvd. at Prosper Commons), with additional direction to bury the tank to the ring beam. A combination of berming and landscaping should be added around the perimeter of the site to screen the entire crown of the tank, up to 20-25 feet in height. Town staff will bring the item back to a future Council meeting to provide additional information and a revised cost estimate. No further action was taken. 9. Discussion on the phasing of the Lower Pressure Plane Capital Improvement Projects. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Phase 1 of the project includes the design and construction of the Fishtrap Road Elevated Storage Tank, the installation of water supply lines, and the Custer Road Pump Station Expansion, all of which are scheduled to begin construction in 2018. Phase 2 of the project is comprised of the Lower Pressure Plane Pump Station, Ground Storage Tank, Pipeline, and the connection with the North Texas Municipal Water District. Construction of Phase 2 is scheduled to begin in 2019. No further action was taken. Item 4a Page 5 of 6 6. Consider and act upon a resolution accepting the Independent Audit Report and Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended September 30, 2016, as presented by a representative of McConnell & Jones, LLP., Certified Public Accountants. (KN) Finance Director Kelly Neal introduced Marlon Williams, CPA, with McConnell & Jones, LLP., who conducted the FY 2015-2016 audit. Mr. Williams reviewed the results of the audit, which included recommendations for improving internal controls and operating efficiency. Members of the Town Council Finance Subcommittee, who had previously reviewed the audit results, expressed their satisfaction with the audit results. After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Davis seconded the motion to approve Resolution No. 17-20 accepting the Independent Audit Report and Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2016. The motion was approved by a vote of 6-0. 10. Consider and act upon authorizing the Town Manager to execute a Wastewater Development Agreement between Prosper 236, LLC, and the Town of Prosper, Texas, related to the extension of sanitary sewer lines to serve the Lakewood development. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Prosper 236, LLC, is developing Lakewood and in order for the development to occur, they will be required to extend sanitary sewer lines as depicted on the Town of Prosper Wastewater System Capital Improvement Plan. The terms of the Development Agreement include two forms of reimbursement. First, Lakewood will receive reimbursement from impact fees the Town receives from the Lakewood development for the sanitary sewer lines they construct to serve their development. Lakewood will also receive a reimbursement from the Town for an offsite sanitary sewer line extension to abandon La Cima Lift Station No. 2, within 30 days of the offsite sanitary sewer line extension being complete and accepted by the Town. Councilmember Korbuly made a motion and Councilmember Miller seconded the motion to authorize the Town Manager to execute a Wastewater Development Agreement between Prosper 236, LLC, and the Town of Prosper, Texas, related to the extension of sanitary sewer lines to serve the Lakewood development. The motion was approved by a vote of 7-0. 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. The Town Council recessed into Executive Session at 7:24 p.m. Item 4a Page 6 of 6 12. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 7:51 p.m. No action was taken as a result of Executive Session. 13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Councilmember Dugger requested Town staff investigate the telephone pole and wires in need of repair in the downtown area. 14. Adjourn. The meeting was adjourned at 7:52 p.m. on Tuesday, March 14, 2017. These minutes approved on the 28th day of March, 2017. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 28, 2017 Agenda Item: Consider and act upon a resolution amending Section 3.(c) of the Prosper Economic Development Corporation bylaws. Description of Agenda Item: The Town of Prosper’s auditing firm McConnell & Jones LLP was reviewing all governing literature including the Prosper Economic Development Corporation (PEDC) bylaws dated August 25, 2009, during their audit review. They came across a discrepancy in the current bylaws that seemed outdated with regard to who performs the audit for PEDC. The best course of action is to amend the current PEDC bylaws to accurately reflect what is practiced today. The recommended redline version of Section 3. Books, Records, Audits mirrors the Town Charter excerpt regarding the Independent Audit. The Prosper Economic Development Corporation approved amending Section 3.(c) of the bylaws with the recommended change at their meeting on March 22, 2017. <<EXCERPT FROM PEDC BYLAWS>> Section 3. Books, Records, Audits. (a)The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b)At the direction of the Council, the books, records, accounts, and financial statements of the Corporation may be maintained for the Corporation by the Town. In such event, the Corporation shall pay to the Town reasonable compensation for such services. (c)The Corporation, at its own expense, shall cause its books, records, accounts and financial statements to be audited at least once each fiscal year by an outside, independent auditing and accounting firm. Such auditing and accounting firm may not be the same as engaged by the Town for the audit of the Town's current or immediately preceding three (3) fiscal years; nor may any auditing and accounting firm perform the Corporation's annual audit for more than three (3) consecutive years. Prosper is a place where everyone matters. FINANCE Item 4b Page 2 of 2 Recommended change: Section 3. Books, Records, Audits. (c) The Corporation, at its own expense, shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, certified public accounting firm. Such auditing and accounting firm may not perform the Corporation’s annual audit for more than five (5) consecutive years. The report of the audit, with the auditor’s recommendations, will be made to the Town Council. Upon completion of the audit, copies of the Independent Auditor’s Report and Annual Financial Report will be made available in the office of the person performing the duties of Town Secretary, as a public record. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Attached Documents: 1. Redlined PEDC Bylaws 2. Town of Prosper Charter Section 7.18 Independent Audit 3. Resolution Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution amending Section 3.(c) of the Prosper Economic Development Corporation bylaws. Recommended Motion: I move to approve a resolution to amend Section 3.(c) of the Prosper Economic Development Corporation bylaws. Item 4b TOWN OF PROSPER, TEXAS RESOLUTION NO. 09-104 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING AND APPROVING THE RESTATEMENT AND AMENDMENT TO THE ARTICLES OF INCORPORATION AND THE BYLAWS OF THE PROSPER ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the Town Council of the Town of Prosper, Texas authorized the Prosper Economic Development Corporation ("PEDC") to Act on its behalf and approved the Articles of Incorporation and Bylaws at the time of creation of the PEDC by Resolution No. 96-26 dated November 12, 1996; and WHEREAS, the Board of Directors of the PEDC has filed a request for approval of amendments to the Articles of Incorporation and Bylaws and the restatement thereof. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Council of the Town of Prosper, Texas, hereby authorizes the amendment and restatement of the PEDC's Articles of Incorporation and Bylaws, and specifically approves the Restated Articles of Incorporation, attached hereto as Exhibit "A" and incorporated herein for all purposes, and the Restated Bylaws, attached hereto as Exhibit "B" and incorporated herein for all purposes. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS the 25 th day of August, 2009. RLES WANGER, Mayor Item 4b Resolution 2821003.1 ISP/17606/0100/070909 EXHIBIT "A" Restated Articles of incorporation of PEDC Item 4b OF INCORPORATION OF PROSPER ECONOMIC DEVELOPMENT CORPORATION Resolution 2821003. I/SP/17606/0100/070909 RESTATED ARTICLES OF INCORPORATION OF PROSPER ECONOMIC DEVELOPMENT CORPORATION A TEXAS NON-PROFIT CORPORATION I, THE UNDERSIGNED natural person being at least 18 years of age and a qualified elector of the Town of Prosper, Texas (which is a duly established municipal corporation), acting as the authorized agent of a public instrumentality and non-profit Type A development corporation (the "Corporation") under the provisions of the Development Corporation Act, Tex. Local Govt. Code, Title 12, as amended (the "Development Corporation Act"), with the approval of the governing body of the Town of Prosper, Texas (the "Town"), as evidenced by the Resolution attached hereto and made a part hereof for all purposes, do hereby adopt the following Restated Articles of Incorporation for the Corporation: ARTICLE 1. NAME The name of the Corporation is Prosper Economic Development Corporation. ARTICLE 11. NON-PROFIT CORPORATION The Corporation is a non-profit rType A (former Section 4A) development corporation specifically governed by the Development Corporation Act. ARTICLE 111. DURATION The period of duration of the Corporation is perpetual. ARTICLE IV. PURPOSE The Corporation is organized exclusively and may issue bonds on behalf of the Town for the public purposes of the promotion and development of new and expanded business enterprises to provide and encourage employment in the furtherance of the public welfare. The Corporation shall have and exercise all of the rights, powers, privileges, authority, and functions given by the general laws of Texas to non-profit corporations by the Texas Nonprofit Corporation Act, Tex. Civ. Stat. Ann. Art. 1396-1.01 et seq., and beginning January l, 2010 the Business Organizations Code, as amended, and the additional powers as provided in the Development Corporation Act, including, without limitation, the issuance of bonds. The Corporation shall be subject to any limitations Item 4b imposed by such Development Corporation Act upon Type A corporations. If any conflict should arise between the Texas Nonprofit Corporation Act, or beginning January 1, 2010 the Business Organizations Code, regarding the Corporation's powers, the Development Corporation Act shall control and govern the Corporation; and to the extent of a conflict between RESTATED ARTICLES Page 1 of 4 2809883.3/sp/17606/0100/072709 Item 4b OF INCORPORATION OF PROSPER ECONOMIC DEVELOPMENT CORPORATION the Development Corporation Act, the provisions of such Development Corporation Act shall prevail. ARTICLE V. REGISTERED OFFICE AND AGENT The street address of the registered office of the Corporation is 170 N. Preston Road, Suite 50, Prosper, Texas 75078, and the name of the registered agent at such address is Dan Tolleson. ARTICLE VI. DIRECTORS The affairs of the Corporation shall be managed by a Board of Directors consisting of seven (7) in number whom shall be appointed by and shall serve at the pleasure of the Town Council of the Town (the "Council"). The length of office for the Directors shall be three (3) year terms, with the terms staggered so that two (2) Directors per year are appointed, but with three (3) Directors being appointed in every third year, as designated by the Council. One (1) Director shall be a member of the Town Council or the Mayor. The Town Council may, if desired, appoint one (1) additional member of the Town Council or the Mayor to be a Director, for a maximum of two (2) Directors total being members of the Town Council and/or the Mayor. Any vacancy occurring shall be filled by appointment by the Town Council and the appointee shall serve for the remaining portion of the term for which their predecessor in office was appointed. Each of the Directors shall reside within the Town. Each Director shall be eligible for reappointment. Directors are removable by the Town Council for cause or at will. The Directors shall serve as such without compensation except that they shall be reimbursed for their actual expenses incurred in the performance of their duties as Directors. ARTICLE Vil. MEMBERSHIP/STOCK The Corporation has no members and is a non-stock corporation. ARTICLE Vlll. AMENDMENTS These Restated Articles of Incorporation may at any time and from time to time be amended as provided in the Development Corporation Act and other applicable law so as to make any changes therein and add any provisions thereto which are lawful under the Development Corporation Act and other applicable law as then in effect. Any such amendment shall be effected in either of the following manners: (i) the members of the Board of Directors of the Corporation shall file with the Council a written application requesting approval of the amendments to these Restated Articles of Incorporation, specifying in such application the amendments proposed to be made, the Council shall consider such application and, if it shall be RESTATED ARTICLES Item 4b OF INCORPORATION OF PROSPER ECONOMIC DEVELOPMENT CORPORATION Page 2 of 4 2809883 3/SP/17606/0100/072709 appropriate resolution duly find and determine that it is advisable that the proposed amendments be made and shall approve the form of the proposed amendments, then the Board of Directors of the Corporation may amend these Restated Articles of Incorporation by adopting such amendments at a meeting of the Board of Directors and delivering articles of amendment and/or restatement to the Secretary of State, or (ii) the Council may, at its sole discretion, and at any time, amend these Restated Articles of Incorporation, and alter or change the structure, organization, programs or activities of the Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Development Corporation Act, and subject to any limitation provided by the constitutions and laws of the State of Texas and the United States of America on the impairment of contracts entered into the corporation) by written resolution adopting the amendment to the Restated Articles of Incorporation of the Corporation or articles of dissolution at a meeting of the governing body to the Secretary of State, as provided in the Development Corporation Act or upon election as provided in the Act. Amended or restated articles of incorporation may be filed with the Secretary of State as provided in the Development Corporation Act and other applicable law. ARTICLE IX. AUTHORIZATION The Town specifically authorized the Corporation by Resolution to act on its behalf to further the public purposes stated in said Resolution and the Articles of Incorporation, and the Town has now by Resolution approved these Restated Articles of Incorporation. ARTICLE X. DIVIDENDS No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its Directors or officers or any individual, firm, corporation or association. ARTICLE M. INTERNAL AFFAIRS The Corporation's internal affairs shall be regulated by a set of Bylaws, not inconsistent with the laws of this State or with these Restated Articles of Incorporation, which Bylaws have been approved by the Town Council, under whose offices the Corporation is created. ARTICLE Ml. DISSOLUTION If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the Town after satisfaction or provision for satisfaction of debts and claims. [signature page follows] Item 4b OF INCORPORATION OF PROSPER ECONOMIC DEVELOPMENT CORPORATION RESTATED ARTICLES Page 3 of 4 2809883.3/SP/17606/0100/072709 APPROVED BY THE TOWN OF PROSPER Q5 of Hicåz-cs-é , 2009. MAYOR Item 4b OF INCORPORATION OF PROSPER ECONOMIC DEVELOPMENT CORPORATION RESTATED ARTICLES Page 4 of4 2809883.3/SP/17606/0100/072709 Item 4b Item 4b EXHIBIT "B" Restated Bylaws of PEDC Resolution 2821003. I/SP/17606/0100/070909 Item 4b ECONOMIC DEVELOPMENT CORPORATION - Page 1 RESTATED BYLAWS OF PROSPER ECONOMIC DEVELOPMENT CORPORATION A TEXAS NON-PROFIT CORPORATION ARTICLE 1 PURPOSE AND POWERS Section 1. Purpose. The Corporation is incorporated for the purposes set forth in Article Four of its Restated Articles of Incorporation, the same to be accomplished on behalf of the Town of Prosper, Texas (the "Town") as its duly constituted authority and instrumentality in accordance with the Development Corporation Act, Tex. Local Govt. Code, Title 12, as amended (the "Act"), and other applicable laws. Section 2. Powers. In the fulfillment of its corporate purpose, the Corporation shall be a Type A (previously Section 4A) Corporation governed by the Act, and shall have all of the powers set forth and conferred in its Restated Articles of Incorporation, in the Act, and in other applicable law. ARTICLE 11 BOARD OF DIRECTORS Section 1. Powers Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") and, subject to the restrictions imposed by law, by the Restated Articles of Incorporation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the Town Council (the "Council") of the Town. Each of the Directors shall reside within the Town. One (1) Director shall be a member of the Town Council or the Mayor. The Town Council may, if desired, appoint one (1) additional member of the Town Council or the Mayor to be a Director, for a maximum of two (2) Directors total being members of the Town Council and/or the Mayor. (c) The length of office for the Directors shall be three (3) year terms, with the terms staggered so that two (2) Directors per year are appointed, but with three (3) Directors being appointed in every third year, as designated by the Council. (d) Any director may be removed from office by the Council at will or for cause. (e) Any vacancy shall be filled by appointment by the Council and the appointee shall serve for the remaining portion of the term for which their predecessor in office was appointed. Section 2. Meetings of Directors. The directors may hold their meetings at such place or places in the Town as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the registered BYLAWS OF PROSPER 2809970.3/SP/17606/0100/072709 Item 4b ECONOMIC DEVELOPMENT CORPORATION - Page 2 office of the Corporation as specified in the Restated Articles of Incorporation. Section 3. Notice of Meetings. (a) Regular meetings of the Board shall be held without the necessity of written notice to the Directors at such times and places as shall be designated from time to time by the Board. Special Meetings of the Board shall be held whenever called by the president, by the secretary, by a majority of the directors, by the Mayor of the Town, or by a majority of the Town Council. Nothing contained in this Section 3 shall negate the notice requirements contained in Section 4 hereafter. (b) The secretary shall give notice to each director of each Special Meeting in person or by mail, telephone or telegraph, at least seventy-two (72) hours before the meeting. However, if the Special Meeting is for an emergency in accordance with Section 551.045 of the Texas Open Meetings Act, as amended, such notice shall be given to each director at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a Special Meeting. (c) Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted at nor the purpose of any Regular or Special Meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 4. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Tex. Govt. Code Chapter 551, as amended. Section 5. Quorum. A total of four (4) the directors shall constitute a quorum for the conduct of the official business of the Corporation, including during any period(s) where there is any vacancy(ies) on the Board. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation unless the act of a greater number is required by law. Section 6. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with customary practice of the Board, or if existing, rules of procedure as from time to time prescribed by the Board. BYLAWS OF PROSPER 2809970.3/sp/17606/0100/072709 Item 4b ECONOMIC DEVELOPMENT CORPORATION - Page 3 (b) At all meetings of the Board, the president shall preside, and in the absence of the president, the vice president shall exercise the powers of the president. (c) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. Section 7. Committees of the Board. The Board, by written resolution, may create any committee and delegate to such committee(s) such authority as the Board deems necessary or desirable, provided that such delegation is specified in written resolution duly adopted by the Board. Anything to the contrary contained herein notwithstanding, all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 8. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. Section 9. Ex-Officio Members. The Town Manager or his designee may attend all meetings of the Board of Directors or Committees, including executive, private or public. The representative shall not have the power to vote in the meetings he attends; however, he shall have the right to take part in any discussion. ARTICLE 111 OFFICERS Section l. Titles and Term of Office. (a) The officers of the Corporation shall be a president, a vice president, a secretary and a treasurer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the same person shall not serve as both president and secretary. Terms of office shall be one (l) year with the right of an officer to be reelected. Officers shall be elected by the Board at the first meeting of the Board following the annual appointment of Director(s) by the Town Council. (b) The president, vice president, and the secretary shall be elected from among the members of the Board. The treasurer and any assistant secretaries or assistant treasurers may, at the option of the Board, be persons other than members of the Board if such persons are employees of the Town or the Corporation. (c) All officers shall be subject to removal from office at any time by a vote of a majority of the entire Board. (d) A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. Section 2. Powers and Duties of the President. The president shall be the chief executive Item 4b ECONOMIC DEVELOPMENT CORPORATION - Page 4 BYLAWS OF PROSPER officer of the Corporation, and, subject to the paramount authority of the Board, the president shall be in general charge of the properties and affairs of the Corporation, shall preside at all meetings of the Board, and may sign and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments in the name of the Corporation. Section 3. Vice President. The vice president shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. Section 4. Treasurer. The treasurer shall have the responsibility to see to the handling, custody, and security of all frnds and securities of the Corporation in accordance with these Restated Bylaws. When necessary or proper, the treasurer may endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank or banks or depositories as shall be designated by the Board consistent with these Restated Bylaws. The treasurer shall see to the entry in the books of the Corporation full and accurate accounts of all monies received and paid out on account of the Corporation. The treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of his duties in such form and amount as the Board or the Council may require. Upon written resolution approved by the Board, the treasurer may delegate daily administrative and bookkeeping tasks to an assistant treasurer. Section 5. Secretary. The secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the Corporation, shall have charge of the corporate books, records, documents and instruments, except the papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. Upon written resolution approved by the Board, the secretary may delegate daily administrative and notice-giving tasks to an assistant secretary. Section 6. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. Other officers may be compensated as directed by the Board. ARTICLE IV FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. General Development Plan. (a) The Board shall research, develop, prepare, and submit to the Council for its approval, an economic development plan for the Town, which shall include proposed methods and the expected costs of implementation. The plan shall include both short-term and long-term goals for the economic development of the Town, proposed methods for the elimination of Item 4b ECONOMIC DEVELOPMENT CORPORATION - Page 5 BYLAWS OF PROSPER 2809970 3/SP/1 7606/0] 00/072709 unemployment and underemployment, and the promotion of employment, through the expansion and development of a sound industrial, manufacturing, and retail base within the Town. (b) The Board shall review and update the plan each year prior to submission of the annual budget required by other provisions of these bylaws. Section 2. Annual Corporate Budget. At least 60 days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures of the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the Town Manager for inclusion with the annual budget submitted to the Council. The budget shall not be effective until the same has been approved by the Council. Section 3. Books Records, Audits. (a)The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b)At the direction of the Council, the books, records, accounts, and financial statements of the Corporation may be maintained for the Corporation by the Town. In such event, the Corporation shall pay to the Town reasonable compensation for such services. (c)The Corporation, at its own expense, shall cause its books, records, accounts and financial statements to be audited at least once each fiscal year by an outside, independent auditing and accounting firm. Such auditing and accounting firm may not be the same as engaged by the Town for the audit of the Town's current or immediately preceding three (3) fiscal years; nor may any auditing and accounting firm perform the Corporation's annual audit for more than three (3) consecutive years. (c) The Corporation, at its own expense, shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, certified public acounting firm. Such auditing and accounting firm may not perform the Corporation's annual audit for more than five (5) consecutive years. The report of the audit, with the auditor's recommendations, will be made to the Town Council. Upon completion of the audit, copies of the Independent Auditor's Report and Annual Financial Report will be made available in the office of the person performing the duties of Town Secretary, as a public record. Section 4. Deposit and Investment of Corporate Funds. (a)All proceeds from the issuance of bonds, notes, or other debt instruments ("Obligations") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to the issuance. (b)All other monies of the Corporation shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the Town. The Board shall designate the accounts and depositories to be created for such purposes, and the Item 4b ECONOMIC DEVELOPMENT CORPORATION - Page 6 methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of its treasurer and the Town Manager. The accounts reconciliation and investment of such funds and accounts shall be performed by the Finance Department of the Town. The Corporation shall pay reasonable compensation for such services to the Town. Section 5. Expenditures of Corporate Money. The monies of the Corporation, including sales and use taxes collected pursuant to the Act, monies derived from the repayment of loans, rents received from the lease or use of property, the proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, and the proceeds derived from the sale of BYLAWS OF PROSPER 2809970.3/SP/17606/0100/072709 Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: (a) Expenditures from the proceeds of Obligations shall be identified and described in the orders, resolutions, indentures, or other agreements submitted to and approved by the Town Council prior to the sale and delivery of the Obligations to the purchasers thereof required by Section 6 of this Article; (b) Expenditures that may be made from a fund created with the proceeds of Obligations, and expenditures of monies derived from sources other than the proceeds of Obligations may be used for the purposes of financing or otherwise providing one or more "Projects," as defined in the Act. The specific expenditures shall be described in an resolution or order of the Board and shall be made only after the approval thereof by the Town Council; (c) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by Section 2 of this Article. Section 6. Issuance of Obligations. No Obligations, including refunding Obligations, shall be sold and delivered by the Corporation unless the Council shall approve such Obligations by action taken no more than 60 days prior to the date of sale of the Obligations. Section 7. Staff. The Corporation shall have explicit power to employ, terminate, set compensation and direct the activities of the Director of the Corporation. The Director serves at the pleasure of the Board and may employ, terminate, set compensation and direct the activities of additional staff as approved by the Board and provided in the Corporation's approved budget. ARTICLE V MISCELLANEOUS PROVISIONS Section l . Principal Office. (a) The principal office of the Corporation shall be the registered office of the Corporation specified in the Restated Articles of Incorporation. (b) The Corporation shall have and shall continually designate a registered agent at its registered office, as required by the Act. Item 4b ECONOMIC DEVELOPMENT CORPORATION - Page 7 Section 2. Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the Town. Section 3. Seal. The seal of the Corporation shall be as determined by the Board. Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time be specified, at the time of its receipt by the president or secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. BYLAWS OF PROSPER 2809970.3/SP/17606/0100/072709 Item 4b ECONOMIC DEVELOPMENT CORPORATION Page 8 Section 5. Approval or Advice and Consent of the Council. To the extent that these Restated Bylaws refer to any approval by the Town or the Council or refer to advice and consent by the Council, such approval, or advice and consent, shall be evidenced by a certified copy of a resolution, order, or motion duly adopted by the Council. Section 6. Services of Town Staff and Officers. Subject to approval from the Town Manager, the Corporation shall have the right to utilize the services of the Town Attorney, the Town Secretary, and the Finance Department of the Town, provided (i) that the Corporation shall pay reasonable compensation to the Town for such services, and (ii) the performance of such services does not materially interfere with the other duties of such personnel of the Town. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers, and its employees, and each member of the Council and each employee of the Town, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. ARTICLE VI EFFECTIVE DATE, AMENDMENTS Section 1. Effective Date. These Restated Bylaws shall become effective upon the occurrence of the following events: (a) the adoption of these Restated Bylaws by the Board; and (b) the approval of these Restated Bylaws by the Town Council. Any references to the Corporation's "Bylaws" within documents of the Corporation shall mean these Restated Bylaws, as they exist or may be amended. Item 4b ECONOMIC DEVELOPMENT CORPORATION Page 9 Section 2. Amendments to Restated Articles of Incorporation and Restated Bylaws. The Restated Articles of Incorporation of the Corporation and these Restated Bylaws may be amended only in the manner provided in the Restated Articles of corporation and e Act. APPROVED BY THE TOWN OF PROSPER MAYOR BYLAWS OF PROSPER - 2809970 3/sp/17606/0100/072709 Item 4b (1) No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made, unless the Town Manager, or the Town Manager's designee, first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. (2) Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal. Such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such payment or obligation, and the officer shall also be liable to the Town for any amount so paid. (3) This prohibition shall not be construed to prevent the making or authorizing of payments, or making of contracts for capital improvements to be financed wholly or partly by the pledge of taxes, the issuance of bonds, time warrants, certificates of indebtedness, or certificates of obligation, or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, providing that such action is made or approved by ordinance. (4) The Town Manager shall _submit to the Town Council each month a report covering the revenues and expenditures of the Town in such form as requested by the Town Council. SECTION 7.17 Depository All monies received by any person, department or agency of the Town for or in connection with the affairs of the Town shall be deposited promptly in the Town depository or depositories. The Town depositories shall be designated by the Town Council in accordance with such regulations and subject to the requirements as to security for deposits and interest thereon as may be established by ordinance and law. Procedures for withdrawal of money or the disbursement of funds from the Town depositories shall be prescribed by ordinance. SECTION 7.18 Independent Audit At the close of each fiscal year, and at such other times as may be deemed necessary, the Town Council shall call for an independent audit to be made of all accounts of the Town by a certified public accountant. No more than five (5) consecutive annual audits shall be completed by the same firm. The certified public accountant selected shall have no personal interest, directly or indirectly, in the financial affairs of the Town or any of its officers. The report of audit, with the auditor's recommendations will be made to the Town Council. Upon completion of the audit, the Independent Auditor's Report and Annual Financial Report shall be published on the Town's website and copies of the audit placed on file in the office of the person performing the duties of Town Secretary, as a public record. SECTION 7.19 Power to Tax (1) The Town shall have the power to levy, assess and collect taxes of every character and type for any municipal purpose not prohibited by the Constitution and laws of the State of Texas as now written or hereafter amended. (2) The Town shall have the power to grant tax exemptions in accordance with the laws of the State of Texas. Page 23 Item 4b Resolution No. 17-__, Page 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPROVING AN AMENDMENT TO SUBSECTION (c) OF SECTION 3, “BOOKS, RECORDS, AUDITS,” OF ARTICLE IV, “FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS,” OF THE RESTATED BYLAWS OF THE PROSPER ECONOMIC DEVELOPMENT CORPORATION RELATIVE TO THE ANNUAL AUDIT; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current Restated Bylaws of the Prosper Economic Development Corporation (the “PEDC”) provide in Subsection (c) of Section 3, “Books, Records, Audits,” of Article IV, “Functional Corporate Duties and Requirements,” that the PEDC may not utilize the same auditor as engaged by the Town of Prosper for the current or immediately preceding three (3) years”; and WHEREAS, the PEDC’s auditor has determined that the foregoing provision is not necessary and that it would be more cost-effective for the Town and the PEDC to utilize the same auditing firm, as has been the case in previous years, and during such time no issues have arisen; and WHEREAS, on March 22, 2017, the Board of Directors of the PEDC adopted a Resolution approving the proposed amendment and concluded that said amendment was in the best interests of the Town and the PEDC and would result in cost-savings for the PEDC and the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby authorizes the amendment of the PEDC’s Restated Bylaws, as reflected in the Resolution adopted by the Board of Directors of the PEDC, attached hereto as Exhibit A, and the Town Council specifically approves said amendment. 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 28TH DAY OF MARCH, 2017. Item 4b Resolution No. 17-__, Page 2 ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4b Resolution No. 17-__, Page 3 Exhibit A Resolution of the Board of Directors of the Prosper Economic Development Corporation Item 4b Board of Directors Resolution No. ___--Page 1 PROSPER ECONOMIC DEVELOPMENT CORPORATION RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PROSPER ECONOMIC DEVELOPMENT CORPORATION AMENDING SUBSECTION (c) OF SECTION 3, “BOOKS, RECORDS, AUDITS,” OF ARTICLE IV, “FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS,” OF THE RESTATED BYLAWS OF THE PROSPER ECONOMIC DEVELOPMENT CORPORATION RELATIVE TO THE ANNUAL AUDIT; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current Restated Bylaws of the Prosper Economic Development Corporation (the “PEDC”) provide in Subsection (c) of Section 3, “Books, Records, Audits,” of Article IV, “Functional Corporate Duties and Requirements,” that the PEDC may not utilize the same auditor as engaged by the Town of Prosper for the current or immediately preceding three (3) years”; and WHEREAS, the PEDC’s auditor has determined that the foregoing provision is not necessary and that it would be more cost-effective for the Town and the PEDC to utilize the same auditing firm, as has been the case in previous years, and during such time no issues have arisen; and WHEREAS, the Board of Directors agrees that the amendment referenced below in this Resolution is in the best interests of the Town and the PEDC and will result in cost-savings for the PEDC and the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PROSPER ECONOMIC DEVELOPMENT CORPORATION THAT: SECTION 1 The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2 Subject to Town Council approval, Subsection (c) of Section 3, “Books, Records, Audits,” of Article IV, “Functional Corporate Duties and Requirements,” of the Restated Bylaws of the Prosper Economic Development Corporation is hereby amended to read as follows: “(c) The Corporation, at its own expense, shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, certified public accounting firm. Such auditing and accounting firm may not perform the Corporation’s annual audit for more than five (5) consecutive years. The report of the audit, with the auditor’s recommendations, will be made to the Town Council. Upon completion of the audit, copies of the Independent Auditor’s Report and Annual Financial Report will be made available in the office of the person performing the duties of Town Secretary, as a public record.” Item 4b Board of Directors Resolution--Page 2 SECTION 3 Any and all resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict herewith. SECTION 4 This Resolution was approved by the Board of Directors of the Prosper Economic Development Corporation on ___ day of _______________, 2017. ___________________________________ Jim Wicker, President ATTEST: _________________________________ Robyn Battle, Town Secretary Item 4b TO: Mayor and Town Council FROM Doug Kowalski, Chief of Police THROUGH: Harlan Jefferson, Town Manager RE: Town Council Meeting – March 28, 2017 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between RPGA Design Group, Inc., and the Town of Prosper, Texas, related to conducting a needs assessment for the Public Safety Facility project. Description of Agenda Item: The Town requested Statements of Qualifications (SOQ) from qualified firms, to provide professional architectural and engineering services, relating to the conceptual design and planning of a new Public Safety Facility. The Town received seven responses by the due date and time. Firms were required to submit information, in order to facilitate evaluation based on the following criteria: 1. Ability to meet the Town’s objective and provide a high level of service; 2. Experience with similar municipal projects; 3. Professional qualifications of individual team members; and 4. References from municipal or other government clients. The evaluation committee was comprised of nine staff members, representing the Police and Fire Departments. The evaluation committee scored each submittal in accordance with the evaluation criteria as stated above, to determine the total points for each firm. After completion of the evaluations, it is the recommendation of staff to award the contract to RPGA Design Group, Inc., the most highly qualified firm. This Agreement is for phase one of the project, to conduct the needs assessment. The needs assessment will include a presentation, executive summary, space needs spreadsheets, adjacency diagrams and key concepts, and design guidelines for items such as security and special systems. Budget Impact: The cost for the needs assessment will not exceed $64,815. The needs assessment is an approved FY 2016-2017 supplemental request, in the amount of $75,000, and will be funded from the Police Department’s Professional Services account (100-5410-20-01). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Agreement as to form and legality. Prosper is a place where everyone matters. POLICE DEPARTMENT Item 4c Attached Documents: 1. SOQ Summary 2. Professional Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between RPGA Group, Inc., and the Town of Prosper, Texas, related to the Public Safety Facility project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between RPGA Design Group, Inc., and the Town of Prosper, Texas, related to the Public Safety Facility project. Item 4c SO Q N o . 2 0 1 7 - 1 5 - B EV A L U A T I O N M A T R I X - S T E P 1 Ev a l u a t i o n C r i t e r i a We i g h t i n g P O I N T S W E I G H T E D SC O R E PO I N T S W E I G H T E D SC O R E PO I N T S W E I G H T E D SC O R E PO I N T S W E I G H T E D SC O R E PO I N T S W E I G H T E D SC O R E PO I N T S W E I G H T E D SCOREPOINTS W E I G H T E D SCORE Ab i l i t y t o m e e t t h e T o w n ' s o b j e c t i v e s a n d p r o v i d e a hi g h l e v e l o f s e r v i c e 40 % 6. 0 0 2 . 4 0 6 . 1 1 2 . 4 4 6 . 7 8 2 . 7 1 4 . 7 8 1 . 9 1 5 . 6 7 2 . 2 7 7 . 0 0 2 . 8 0 9 . 3 3 3 . 7 3 Ex p e r i e n c e w i t h s i m i l a r m u n i c i p a l p r o j e c t s 30 % 6. 3 3 1 . 9 0 5 . 7 8 1 . 7 3 7 . 5 6 2 . 2 7 4 . 5 6 1 . 3 7 5 . 7 8 1 . 7 3 6 . 7 8 2 . 0 3 9 . 8 9 2 . 9 7 Pr o f e s s i o n a l q u a l i f i c a t i o n o f t e a m m e m b e r s 20 % 7. 0 0 1 . 4 0 6 . 5 6 1 . 3 1 8 . 2 2 1 . 6 4 5 . 7 8 1 . 1 6 6 . 8 9 1 . 3 8 7 . 6 7 1 . 5 3 9 . 8 9 1 . 9 8 Re f e r e n c e s f r o m m u n i c i p a l / o t h e r g o v e r n m e n t 10 % 5. 5 6 0 . 5 6 5 . 0 0 0 . 5 0 6 . 7 8 0 . 6 8 4 . 7 8 0 . 4 8 5 . 4 4 0 . 5 4 5 . 3 3 0 . 5 3 8 . 0 0 0 . 8 0 TO T A L 1 0 0 % 6 . 2 6 5 . 9 9 7 . 3 0 4 . 9 1 5 . 9 2 6 . 9 0 9 . 4 8 RPGA DESIGN GROUP FA R N S W O R T H G R O U P , IN C . TO W N O F P R O S P E R P U B L I C S A F E T Y F A C I L I T Y AR C H I T E C T D E S I G N GR O U P BR I N K L E Y S A R G E N T WI G I N T O N AR C H I T E C T S BR O W N R E Y N O L D S WA T F O R D A R C H I T E C T S PBK GS B S A R C H I T E C T S Item 4c I t e m 4 c I t e m 4 c I t e m 4 c I t e m 4 c I t e m 4 c I t e m 4 c I t e m 4 c I t e m 4 c I t e m 4 c I t e m 4 c Page 1 of 2 To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 28, 2017 Agenda Item: Consider and act upon an ordinance repealing and replacing Article 4.06, “Wrecker Services,” of Chapter 4, “Business Regulations,” of the Code of Ordinances related to towing services. Description of Agenda Item: Due to the growing operational demands, it is necessary to repeal and replace the existing ordinance (#85-22), Article 4.06 “Wrecker Services,” of Chapter 4 “Business Regulations,” of the Code of Ordinances with a more comprehensive ordinance. The existing ordinance has not been revised since 1985. Article 4.06 is being repealed in its entirety and replaced with a new ordinance that contains more specific terms, definitions, and guidelines related to how towing services are regulated within the Town. Outdated provisions are being eliminated, such as the term “wrecker” instead of “tow,” and the authority of the Mayor to directly approve and execute contracts. The proposed ordinance will ensure the protection of the public interest by regulating the removal of disabled or abandoned vehicles on streets or public property, and relocating them to vehicle storage facilities without the consent of vehicle owners and operators. It will also provide procedures for the Town to enter into contracts with towing service companies in accordance with the Town’s existing purchasing policies and procedures. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Current ordinance 2. Ordinance Town Staff Recommendation: Town staff recommends adopting an ordinance repealing and replacing Article 4.06, “Wrecker Services,” of Chapter 4, “Business Regulations,” of the Code of Ordinances related to towing services. Prosper is a place where everyone matters. POLICE DEPARTMENT Item 4d Page 2 of 2 Proposed Motion: I move to adopt an ordinance repealing and replacing Article 4.06, “Wrecker Services,” of Chapter 4, “Business Regulations,” of the Code of Ordinances related to towing services. Item 4d CHAPTER 4 BUSINESS REGULATIONS ARTICLE 4.06 WRECKER SERVICES* ARTICLE 4.06 WRECKER SERVICES* Sec. 4.06.001 Definitions For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Approved operator. A wrecker operator who has entered into a wrecker service agreement with the town and is thereby qualified to tow vehicles at the direction of the chief of police. Emergency call. Any call and request for wrecker service arising out of, from, or as a result of a wreck, motor vehicle accident or collision on the public streets, highways and alleys lying within the corporate limits of the town, or any call for wrecker service initiated by the town at any other time, whether such call is transmitted by private individual in person or by telephone, or transmitted by radio or otherwise. Police department. The chief of police. Wrecker. A truck-mounted crane or A-frame, with either power or mechanical boom and hoist, or winch and hoist, or any combination thereof, which vehicle is commonly used to move, tow, and convey wrecked and disabled motor vehicles, vehicles, trailers or semitrailers, or both, from the scene or sites of a wreck, motor vehicle accident or collision. Wrecker operator. Any person who owns and operates a wrecker within the corporate limits of the town, who is regularly engaged in the business of repairing, rebuilding, storing, wrecking, selling or trading wrecked and disabled motor vehicles, vehicles, trailers, or semitrailers, or both. (Ordinance 85-22, sec. I, adopted 10/8/85) ARTICLE 4.06 WRECKER SERVICES* Sec. 4.06.002 Approval of operators The town shall have the power and authority to prepare specifications for approving wrecker operators. The mayor may execute a contract with any wrecker operator who complies with such specifications, granting such operator the status of “approved operator.” (Ordinance 85-22, sec. II, adopted 10/8/85) ARTICLE 4.06 WRECKER SERVICES* Sec. 4.06.003 Promulgation of additional requirements by chief of police The chief of the police department shall have authority to promulgate other reasonable rules, regulations, and requirements as may become necessary to assure that the approved operator protects the vehicles and vehicle contents. (Ordinance 85-22, sec. III, adopted 10/8/85) ARTICLE 4.06 WRECKER SERVICES* Sec. 4.06.004 Inspections The police department shall have authority to inspect all wreckers belonging to approved operators to insure the wrecker operator’s continued compliance with section 4.06.003 hereof. (Ordinance 85-22, sec. IV, adopted 10/8/85) ARTICLE 4.06 WRECKER SERVICES* 1 of 2 CURRENT ORDINANCEItem 4d Sec. 4.06.005 Rates Maximum rates for wrecker services provided to the town shall be specified in the contract provided for in section 4.06.002 hereof. (Ordinance 85-22, sec. V, adopted 10/8/85) ARTICLE 4.06 WRECKER SERVICES* Sec. 4.06.006 Towing for town No person shall provide wrecker service to the town without first becoming an approved operator; provided, however, nothing herein shall prohibit the town from utilizing the services of nonapproved operators for towing services originating outside the corporate limits of the town or in the event of an emergency. (Ordinance 85-22, sec. VI, adopted 10/8/85) ARTICLE 4.06 WRECKER SERVICES* Sec. 4.06.007 Ordering wrecker service The chief of police, or his designated representative, may call upon a wrecker operator for service or emergency service whenever, in his discretion, such service is reasonably required under any ordinance or statute or would be in the best interests of the citizens of the town. (Ordinance 85-22, sec. VII, adopted 10/8/85) 2 of 2 CURRENT ORDINANCEItem 4d TOWN OF PROSPER ORDINANCE NO. 17-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING EXISTING ARTICLE 4.06, “WRECKER SERVICES,” OF CHAPTER 4, “BUSINESS REGULATIONS,” OF THE CODE OF ORDINANCES AND REPLACING IT WITH A NEW ARTICLE 4.06, “TOW SERVICES”; PROVIDING FOR DEFINITIONS; AUTHORIZING THE TOWN TO CONTRACT FOR TOWING SERVICES FOR CERTAIN TOWS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper, Texas (“Town”), is a home rule municipality located in Collin County and Denton County, created in accordance with the provisions of the Texas Constitution and Chapter 6 of the Texas Local Government Code, and operating pursuant to applicable enabling legislation; and WHEREAS, the Town deems it necessary and proper and in the best interests of the health, safety, morals and general welfare of its citizenry to amend the Code of Ordinances to regulate wrecker and towing services. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Article 4.06, “Wrecker Services” of Chapter 4, “Business Regulations,” of the Code of Ordinances of the Town of Prosper, Texas, is repealed in its entirety and hereby renamed and replaced with a new Article 4.06, “Tow Services,” to read as follows: “ARTICLE 4.06 TOW SERVICES Sec. 4.06.001 Policy It is the policy of the Town to provide for the protection of the public interest as it relates to the removal of disabled or abandoned vehicles on streets or public property to vehicle storage facilities without the consent of the vehicle owners or operators. To this end, this Article provides for the regulation of incident management tow service, to be administered in a manner that protects the public health and safety and promotes the public convenience and necessity. Sec. 4.06.002 Definitions In this Article, the following words shall have the meanings ascribed to them below: Accident means any occurrence that renders a vehicle wrecked or disabled. Item 4d Ordinance No. 17-__, Page 2 Chief of Police means the chief of police of the Town of Prosper, or his designated representative. Consent Tow means the towing of a vehicle at the request of the owner or operator. Disabled Vehicle means a motor vehicle that has been rendered unsafe to be driven as the result of some occurrence, including, but not limited to mechanical failure or breakdown, fire or vandalism, or a motor vehicle that is in a safe driving condition but whose owner or operator is not present, able or permitted to drive so as to reasonably necessitate that the vehicle be removed by a wrecker. Motor Vehicle means every vehicle which is self propelled. Property Owner means a person, or the person's agent or lessee, who holds legal title, deed, or right-of-occupancy to private property. Person means an individual, firm, partnership, association, corporation, company or organization of any kind. Incident Management Tow means the towing of a vehicle without the prearranged knowledge and consent of the owner or operator of said vehicle. Examples include, but are not limited to, vehicles towed when the driver is incapacitated following an accident, vehicles towed when the driver has been arrested, vehicles removed from public property without pre-notification of the vehicle owner, and seizures. Street means any public street, alley, road, right-of-way, or other public way within the corporate limits of the Town. The term includes all paved and unpaved portions of the right-of-way. Tow Truck means a vehicle designed to be used primarily for removing wrecked or disabled vehicles which is equipped with a mechanical device used to tow, winch, or otherwise move a vehicle, and which charges a fee for its services. Tow Truck Operator means a person engaged in the business of using a tow truck or wrecker to tow, winch or otherwise move a motor vehicle. Town means the Town of Prosper, Texas. Vehicle means a mechanical device in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human power or used exclusively upon stationary rails or tracks. Wrecked Vehicle means a discarded, abandoned, junked, wrecked or worn out motor vehicle that is not in a condition to be lawfully operated on a public road. Sec. 4.06.003 Requirements (a) A person commits an offense if the person operates or employs another to drive, or operate any tow truck over any street in the Town for the purpose of engaging in an incident management tow, except as provided by this Article. Item 4d Ordinance No. 17-__, Page 3 (b) It is an affirmative defense to the prosecution of a violation of subsection (a) hereof that the person is engaging in one of the following: (1) The transportation of a vehicle by a non-resident tow truck operator from some point outside the Town and traversing the Town to some other destination outside the Town; (2) The transportation of a vehicle by a tow truck operator at the request of the owner or operator of that vehicle; or (3) The transportation of a vehicle on the private property of another by a tow truck operator with the consent of the operator or owner of the vehicle or the owner of the private property. Sec. 4.06.004 Tow Services Agreement (a) The Town shall have the right to contract with one or more tow truck operators for the towing of Town-owned vehicles or for the towing or impoundment of any vehicle made necessary in the exercise of the Town’s police and governmental functions. Should the Town contract with more than one tow truck operator, the companies shall be called on a rotation basis. If the tow truck operator that is called to respond to a tow and is unavailable, the next company on the list shall be called. (b) The Town may call any tow service company or use any tow truck in cases where the tow truck operator is unable to respond as required by the contract, or when there exists an emergency situation or when the chief of police or the chief’s authorized representative deems necessary. In all cases, a report will be forwarded to the chief of police describing the circumstances involving such use.” SECTION 3 This Ordinance shall be cumulative of all provisions of ordinances of the Town of Prosper, Texas, relating to regulation of vehicle wreckers and vehicle wrecker service except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be Item 4d Ordinance No. 17-__, Page 4 fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 All rights and remedies of the Town of Prosper are expressly saved as to any and all violations of the provisions of any ordinances affecting wrecker service and the towing of vehicles which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7 This Ordinance shall become effective from and after its adoption and publication as required by the Town Charter and by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF MARCH, 2017. ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary AP PROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Item 4d Page 1 of 2 To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 28, 2017 Agenda Item: Consider and act upon an ordinance amending Subsection 3 of Section 4.09.004, “Permit Requirements; Additional Regulations,” and Subsection (a) of Section 4.09.007, “Fees,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances, related to the provision of off-duty police officers for traffic control and related activities, and deposit requirements for special events on private property. Description of Agenda Item: Section 4.09.004 has not been amended since 2012. Since that time, an officer’s average hourly rate has increased, which subsequently impacted the average overtime rate. This amendment puts the special event hourly rates and overtime rates more closely in line. Those current fees, or as amended, are $40.00/hour with a four-hour minimum. During inclement weather (rain, storm, snow, extreme cold or heat) the fee is $45.00/hour. Any event that occurs on a recognized holiday is $50.00/hour with a four-hour minimum, and $55.00/hour if the event occurs on a recognized holiday during inclement weather. Section 4.09.007 is being revised to waive the deposit requirement for special events on private property. The current ordinance requires a $1,000 deposit for special events to cover the cost of cleanup or damage, with the exception of nonprofit or tax-exempt organizations and governmental entities. The proposed revision would also exempt events held on private property, since any cleanup or damage at these events would be the responsibility of the property owner. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Redline version of current ordinance 2. Ordinance Town Staff Recommendation: Town staff recommends adopting an ordinance amending Subsection 3 of Section 4.09.004, “Permit Requirements; Additional Regulations,” and Subsection (a) of Section 4.09.007, “Fees,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, Prosper is a place where everyone matters. POLICE DEPARTMENT Item 4e Page 2 of 2 “Business Regulations,” of the Code of Ordinances, related to the provision of off-duty police officers for traffic control and related activities, and deposit requirements for special events on private property. Proposed Motion: I move to adopt an ordinance amending Subsection 3 of Section 4.09.004, “Permit Requirements; Additional Regulations,” and Subsection (a) of Section 4.09.007, “Fees,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances, related to the provision of off-duty police officers for traffic control and related activities, and deposit requirements for special events on private property. Item 4e ARTICLE 4.09 SPECIAL EVENTS AND TEMPORARY OUTDOOR SEASONAL SALES Sec. 4.09.004 Permit requirements; additional regulations A permit for a temporary outdoor seasonal sale or special event permit may be issued by the building official subject to the following conditions: (1) Written application for a permit shall be provided on a form provided by the town and made no less than fifteen (15) business days prior to the date such temporary outdoor seasonal sale or special event shall commence operation. (2) The application for a permit shall contain the following: (A) Name, address, and telephone number of person, organization, or company conducting the temporary outdoor seasonal sale or special event. (B) Requested date or dates and operating times of the temporary outdoor seasonal sale or special event. (C) A plan showing in detail the different component parts of the temporary outdoor seasonal sale or special event, including but not limited to, the shows, concessions, amusements, businesses, portable toilets and the location of each on the property, as well as any other details required by the town. (D) A written lease or agreement from the owner of such property stating permission to the applicant to operate the temporary outdoor seasonal sale or special event on said property. (E) Proposed location and size of parking area(s). (F) Location and quantity of solid waste disposal containers. Individual waste cans must be bagged and have a tight fitting lid. All waste, excluding cardboard boxes, disposed of in front or top loading dumpster containers must be bagged. (G) The approximate number of persons who are attending and, if applicable, the number and types of animals and vehicles that will constitute such event. If attendance is over five hundred (500) persons in any eight-hour period, town-approved security must be provided. The town police department requires one off-duty officer per five hundred people in attendance. If alcohol is served or is involved, than the requirement is two off-duty officers per five hundred people. (H) The location and orientation of loudspeakers or sound amplification devices, if any. (Ordinance 06-122, sec. 5, adopted 11/14/06) (I) Proof of a liability insurance policy with minimum combined limits of one million dollars ($1,000,000.00). The building official shall require a certificate of insurance that shows such policy is in full force and effect prior to the commencement of the temporary outdoor seasonal sale or special event and provides that the town shall receive notice of cancellation of the insurance coverage. Nonprofit or tax-exempt entities or organizations and governmental entities are exempt from this requirement. (Ordinance 14-16, sec. 2, adopted 3/25/14) (J) Any other information that the town shall deem necessary under the standards for issuance. (Ordinance 06-122, sec. 5, adopted 11/14/06) (3)Safe and orderly movement of normal traffic shall not be substantially, as solely determined by the town, interrupted. The town may require the permit holder to provide additional signage for traffic control and safety-related issues. If any temporary outdoor seasonal sale or special event is located adjacent to a TXDOT-controlled road, a TXDOT sign permit must be obtained, and signs must be in place before a seasonal sale or event permit is issued. (The specific requirement for TXDOT signs may be waived if staff determines that sufficient traffic-control measures are currently in place). The town police department will review the event traffic flow and parking plan and may require the event holder hire an off-duty officer to direct traffic. Those current fees, or as amended, are $35.00$40.00/hour with a four-hour minimum. During inclement weather (rain, storm, snow, extreme cold or heat) the fee is $40.00$45.00/hour. Any event that occurs on a recognized holiday is $45.00$50.00/hour with a four-hour minimum and $50.00$55.00/hour if the event occurs on a recognized holiday during inclement weather. (Ordinance 12-25 adopted 9/11/12) (4)The temporary use shall not impede the movement of any public safety equipment. (5)Waste from animals shall be removed and properly disposed of daily from the premises. Animals shall not be kept closer than three hundred feet (300') to any residence, commercial establishment or food establishment. (6)The application shall be reviewed and approved by the building official, police chief, fire chief, and director of public works, or designees of these individuals, for traffic control, security, fire, medical, safety, and other related issues. 1 of 2 Item 4e (7) The permit for a special event will be valid for a maximum period of seven (7) days. each temporary outdoor seasonal sale permit will be valid for a maximum of thirty-five (35) days during one period of four weeks before and one week after the Valentine’s Day, Halloween, Easter, or Christmas holidays. (8) All signs must conform with the town’s sign code except that signs adjacent to a TXDOT-controlled road will be limited to two (2) signs not to exceed twenty (20) square feet. (Ordinance 06-122, sec. 5, adopted 11/14/06) 2 of 2 Item 4e ARTICLE 4.09 SPECIAL EVENTS AND TEMPORARY OUTDOOR SEASONAL SALES Sec. 4.09.007 Fees (a)Temporary outdoor seasonal sale or special event permit fee shall be as established in appendix A to this code. The fee shall be waived for nonprofit or tax-exempt entities or organizations and governmental entities. Deposits, as established in appendix A, shall not be applicable to special events conducted on private property. (b)The applicant shall provide a deposit as established in appendix A to this code at the time of the permit application for clean up after the temporary outdoor seasonal sale or special event. If the applicant cleans up, satisfactory to the town, within twenty-four (24) hours after the temporary outdoor seasonal sale or special event ends, the deposit will be refunded to the applicant within fourteen (14) business days of the temporary outdoor seasonal sale or special event ending. The deposit shall be waived for nonprofit or tax-exempt entities or organizations and governmental entities. (Ordinance 14-16, sec. 3, adopted 3/25/14) 1 of 1 Item 4e TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SUBSECTION (3) OF SECTION 4.09.004, “PERMIT REQUIREMENTS; ADDITIONAL REGULATIONS,” AND SUBSECTION (a) OF SECTION 4.09.007, “FEES,” OF ARTICLE 4.09, “SPECIAL EVENTS AND TEMPORARY OUTDOOR SEASONAL SALES,” OF CHAPTER 4, “BUSINESS REGULATIONS,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR A PENALTY; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE AND AN EFFECTIVE DATE THEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas, in the past has adopted ordinances that both address and regulate special events and temporary outdoor seasonal sales and permit fees; and WHEREAS, the Town Council has determined that it would be in the best interests of the Town to amend its special events and temporary outdoor seasonal sales regulations to more accurately reflect the actual costs incurred by the Prosper Police Department for the provision of off-duty police officers for traffic control and related activities; and WHEREAS, the Town Council has determined that it would be in the best interests of the Town to amend its special events and temporary outdoor seasonal sales regulations to amend the current deposit policy for special events held on private property. 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 From and after the effective date of this Ordinance, Subsection (3) of Section 4.09.004, “Permit Requirements; Additional Regulations,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “Sec. 4.09.004 Permit Requirements; Additional Regulations * * * (3) Safe and orderly movement of normal traffic shall not be substantially, as solely determined by the Town, interrupted. The Town may require the permit holder to provide additional signage for traffic control and safety-related issues. If any temporary outdoor seasonal sale or special event is located adjacent to a TxDOT- controlled road, a TxDOT sign permit must be obtained, and signs must be in place before a seasonal sale or event permit is issued. (The specific requirement for Item 4e Ordinance No. 17-__, Page 2 TxDOT signs may be waived if staff determines that sufficient traffic-control measures are currently in place). The Town Police Department will review the event traffic flow and parking plan and may require the event holder hire an off- duty officer to direct traffic. Those current fees, or as amended, are $40.00/hour with a four-hour minimum. During inclement weather (rain, storm, snow, extreme cold or heat) the fee is $45.00/hour. Any event that occurs on a recognized holiday is $50.00/hour with a four-hour minimum, and $55.00/hour if the event occurs on a recognized holiday during inclement weather. * * *” SECTION 3 From and after the effective date of this Ordinance, Subsection (a) of Section 4.09.007, “Fees,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “Sec. 4.09.007 Fees (a) Temporary outdoor seasonal sale or special event permit fee shall be as established in appendix A to this code. The fee shall be waived for nonprofit or tax-exempt entities or organizations and governmental entities. Deposits, as established in appendix A, shall not be applicable to special events conducted on private property. * * *” SECTION 4 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Town from filing suit to enjoin the violation. The Town retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5 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 portions of said ordinances shall remain in full force and effect. SECTION 6 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 Item 4e Ordinance No. 17-__, Page 3 thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 This Ordinance shall become effective from and after its adoption and publication as required by the Town Charter and by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF MARCH, 2017. ___________________________________ 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: Steve Glass, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 28, 2017 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.93 acres of real property, situated generally in the Collin County School #12 Land Survey, Abstract 147, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Old Town Regional Detention/Retention project, and for other public purposes permitted by law. Description of Agenda Item: The Town has adopted an Old Town Core District Drainage Study that includes recommendations for regional detention/retention ponds to facilitate the drainage within the Downtown area. The first pond is proposed to be located on the north side of Broadway between Church Street and Parvin Road, and is called the Old Town Regional Detention/Retention project. The Town’s Consultant has discussed the project with the owner of the property on which the majority of the project will be located; however, at this point an agreement has not been reached regarding the purchase of the necessary property. In the event that the necessary property cannot be purchased through negotiations, staff is requesting approval to pursue eminent domain to secure the property. Attached Documents: 1. Resolution Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.93 acres of real property, situated generally in the Collin County School #12 Land Survey, Abstract 147, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Old Town Regional Detention/Retention project, and for other public purposes permitted by law. Proposed Motion: I move to approve a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.93 acres of real property, situated generally in the Collin County School #12 Land Survey, Abstract 147, in the Town of Prosper is a place where everyone matters. ENGINEERING Item 4f Page 2 of 2 Prosper, Collin County, Texas, necessary for the construction of the Old Town Regional Detention/Retention project, and for other public purposes permitted by law. Item 4f Resolution No. 17-__, Page 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 1.93 ACRES OF PROPERTY FOR THE CONSTRUCTION OF THE OLD TOWN REGIONAL DETENTION/RETENTION PROJECT SITUATED GENERALLY IN THE COLLIN COUNTY SCHOOL #12 LAND SURVEY, ABSTRACT 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 1.93 acres of land situated generally in the Collin County School #12 Land Survey, Abstract 147 in the Town of Prosper, Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes, is appropriate for use for the Old Town Regional Detention/Retention Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of a regional detention/retention structure; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. Item 4f Resolution No. 17-__, Page 2 SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 28TH DAY OF MARCH, 2017. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4f Resolution No. 17-__, Page 3 Exhibit A Depiction and/or Description of the Property Item 4f Resolution No. 17-__, Page 4 Item 4f Page 1 of 1 To: Mayor and Town Council From: Steve Glass, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 28, 2017 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.215 acres of real property, situated generally in the Bryants First Addition, Block 7, in the Town of Prosper, Collin County, Texas, necessary for the construction of the First Street Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the widening of First Street from Dallas North Parkway to Coleman Street. The subject property is needed for the referenced project, and at this point, the Town’s Consultant and the owners have not been able to reach an agreement regarding the purchase of the necessary property. In the event that the necessary property cannot be purchased through negotiations, staff is requesting approval to pursue eminent domain to secure the property. Attached Documents: 1. Resolution Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.215 acres of real property, situated generally in the Bryants First Addition, Block 7, in the Town of Prosper, Collin County, Texas, necessary for the construction of the First Street Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.215 acres of real property, situated generally in the Bryants First Addition, Block 7, in the Town of Prosper, Collin County, Texas, necessary for the construction of the First Street Project and for other public purposes permitted by law. Prosper is a place where everyone matters. ENGINEERING Item 4g Resolution No. 17-__, Page 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.215 ACRE S OF PROPERTY FOR THE FIRST STREET PROJECT, SAID PROPERTY LOCATED ALONG FIRST STREET AT 304 SOUTH MAIN STREET, TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.215 acres of land located at 304 South Main Street, Town of Prosper, Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes, is appropriate for use for the First Street Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of a roadway; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. Item 4g Resolution No. 17-__, Page 2 SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 28TH DAY OF MARCH, 2017. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4g Resolution No. 17-__, Page 3 Exhibit A Item 4g Resolution No. 17-__, Page 4 Item 4g Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 28, 2017 Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. Description of Agenda Item: Attached are the Preliminary Site Plans and Site Plans acted on by the Planning & Zoning Commission at their March 21, 2017, meeting. Per the Town’s Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Attachment 1 – Preliminary Site Plan for Ford 2. Attachment 2 – Preliminary Site Plan for North Preston Village 3. Attachment 3 – Site Plan for Chase Bank (Windsong Ranch Marketplace) 4. Attachment 4 – Site Plan for Windsong Elementary School (Maximum of nine (9) Temporary Buildings) Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant Ford Preliminary Site Plan North side of US 380, 700± feet west of Mahard Parkway 55,400 square feet Automobile Dealership Ford North Preston Village Preliminary Site Plan East side of Preston Road, 2,000± feet south of Prosper Trail 4 buildings / 36,664 square feet total Restaurant / Retail / Medical Office Unknown Chase Bank Site Plan Northeast corner of US 380 and Gee Road 3,558 square feet Bank Chase Bank Prosper is a place where everyone matters. PLANNING Item 4h Page 2 of 2 Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant Windsong Ranch Elementary School Temporary Buildings Site Plan South side of Fishtrap Road, 1,800± feet west of Teel Parkway 1,536 square feet Maximum of nine (9) Temporary Buildings PISD Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Item 4h 978.88' N 0°02'55" W 6 3 0 . 4 8 ' S 8 9 ° 4 1 ' 0 2 " E 974.90' S 0°26'34" W 6 2 2 . 1 1 ' S 8 9 ° 5 7 ' 0 5 " W O.P.R.C.C.T. DOC. NO. 20140404000325110 CALLED 35.554 ACRES LEGACY HWY 380, LP WITH VENDORS LIEN SPECIAL WARRANTY DEED CURRENT LAND USE: AGRICULTURE FUTURE LAND USE:US 380 DISTRICT ZONED PD-4359 BLOCK D LOT 1 P.R.C.C.T. (DOC. NO. 20150623010002240) VOL. 2015, PG. 344 LOT 1, BLOCK B, LOT 1, BLOCK C, LOT 1, BLOCK D PROSPER CENTER, LOTS 1,2,3, & 4, BLOCK A, CURRENT LAND USE: AGRICULTURE FUTURE LAND USE:US 380 DISTRICT ZONED SFPD-65 O.P.R.C.C.T. DOC. NO. 20141104001205930 CALLED 16.061 ACRES DALH-PROSPER, L.L.C. SPECIAL WARRANTY DEED P.R.C.C.T. (DOC. NO. 20151118010004190) VOL. 2015, PG. 674 LOT 1, BLOCK A GST PROSPER, CURRENT LAND USE: COMERICAL FUTURE LAND USE:US 380 DISTRICT ZONED PD-4359 55,400 SF 55,625 SF PROPOSED DETENTION POND BUILDING A Sheet Number Sheet Title Checked By: Drawn By: Project No.: Issued: N o . D a t e D e s c r i p t i o n R e v i s i o n Scale: B U C H A N A N - 1 5 7 8 F M D . . . \ H A L F F _ M O N _ P E N T A B L E . t b l P D F _ 2 D _ M O N _ F W _ M R _ 3 0 0 . p lt D e s i g n I : \ 3 1 0 0 0 s \ 3 1 5 4 5 \C A D D \S h e e t s \C 1 0 2 - S I T E P L A N ( N O S H A D E ) - 3 1 5 4 5 . d g n H A L F F a h 2 8 7 9 9 : 5 8 : 0 4 A M 3 / 1 6 / 2 0 1 7 T B P E F I R M N O . F - 3 1 2 F A X ( 9 7 2 ) 9 5 6 - 0 8 4 2 T E L ( 9 7 2 ) 9 5 6 - 0 8 0 1 F L O W E R M O U N D , T E X A S 7 5 0 2 8 - 8 8 2 9 1 0 0 1 C R O S S T I M B E R S R D , S U I T E 2 0 2 0 S H E E T O F P R O S P E R , T E X A S F O R D D E A L E R S H I P P R O S P E R PRELIMINARY Jay W. Reissig 94971 P.E. NO. 01/16/2017 SUPERVISION OF: WERE PREPARED BY OR UNDER THE OR CONSTRUCTION PURPOSES. THEY REGULATORY APPROVAL, PERMIT, BIDDING REVIEW AND NOT INTENDED FOR THESE DOCUMENTS ARE FOR INTERIM FOR INTERIM REVIEW ONLY TBPE #F-312 DATE 2 0 0 F I R C 5 2 0 1 F I R C 4 2 0 6 F I R C 4 2 0 8 F I R C 5 SITE PLAN NOTES: IRVING PRIOR TO FINAL DESIGN COORDINATED WITH AND APPROVED BY THE CITY OF TRANSMISSION PIPELINE EASEMENT SHALL BE PLAZA IMPROVEMENTS WITHIN CITY OF IRVING WATER FEES AND/OR PARKING REQUIREMENTS. FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT PROPOSED LAND USE AT THE TIME CO AND/OR SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE IMPACT FEES WILL BE ASSESSED IN AACCORDANCE WITH ORDINANCE. PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM AND/OR RELOCATED UNDERGROUND. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED RELEASE. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING DEPARTMENT. ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL PROVIDED PER TOWN STANDARDS. FREE RAMPS AT ALL CURB CROSSINGS SHALL BE IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5') SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH THE APPROVED FACADE PLAN. BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO OFFICIAL APPROVAL. ON THE SITE PLAN AND ARE SUBJECT TO BUILDING ALL FENCES AND RETAINING WALLS SHALL BE SHOWN APPROVAL. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL CODE. REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING WITH DISABILITIES ACT (ADA) AND WITH THE ACCESSIBILITY SHALL CONFORM TO THE AMERICANS HANDICAPPED PARKING AREAS AND BUILDING FIRE LANE. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A THE PROPERTY AT ALL TIMES. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR DEPARTMENT. PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED DEPARTMENT. PROTECTION MEASURES MAY BE APPROVED BY THE FIRE BE 100% FIRE SPRINKLERED. ALTERNATIVE FIRE BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL CONTAINED WITHIN THE ZONING ORDINANCE. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS APPROVED BY THE TOWN. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS ORDINANCE AND SUBDIVISION ORDINANCE. AND GLARE STANDARDS CONTAINED WITHIN THE ZONING OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING IN ACCORDANCE WITH THE ZONING ORDINANCE. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. DUMPSTERS AND TRASH COMPACTORS SHALL BE 20. 19. 18. 17. 16. 15. 14. 13. 12. 11. 10. 9. 8. 7. 6. 5. 4. 3. 2. 1. 4 0 ' B u i l d i n g S e t b a c k 15' Building Setback 15' Building Setback 5' Landscape Setback 3 0 ' B u i l d i n g A n d L a n d s c a p e S e t b a c k 1 5 ' L a n d s c a p e S e t b a c k 5' Landscape Setback 15' Landscape Setback 2 4 ' A C C E S S E A S E M E N T 4 0 ' B u i l d i n g S e t b a c k 15' Building Setback 15' Building Setback 5' Landscape Setback 3 0 ' B u i l d i n g A n d L a n d s c a p e S e t b a c k 1 5 ' L a n d s c a p e S e t b a c k 5' Landscape Setback 15' Landscape Setback 2 4 ' A C C E S S E A S E M E N T NOTES: PAVING LEGEND PROPOSED 4" CONCRETE SIDEWALK NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE. PROPOSED PARKING SHALL BE 10' X 20' (TYPICAL). FACE OF CURB. NOTED ON PLANS. ALL RADIUS DIMENSIONS ARE TO DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE LANES. WITH 6" LIME STABILIZED SUBGRADE IN FIRE PROPOSED 7" REINFORCED CONCRETE PAVING PROPOSED CAR DISPLAY 3. 2. 1. F H FH FH F H FH FH FH F H F D C N 50 100250 150 HORIZONTAL SCALE IN FEET 543 612 7 JWB 6 3 JWR 31545 SITE PLAN AS NOTED FIRE LANE 30' WIDE L E G A C Y D R I V E A P P . 2 3 0 0 ' T O 130' 10' 33.2' 10' 150' 10' 130' 1 4 0 ' 1 4 0 ' 1 4 0 ' 2 4 ' 161.1' 2 4' 203.2' 1 5 3 . 7 ' 197.8' 6 2 . 7 ' R=30' STORAGE CONCRETE CAR STORAGE CONCRETE CAR PARKING CONCRETE PARKING CONCRETE 230' 2 4' 2 4' 2 4' FIRE LANE 24' WIDE FIRE LANE 30' WIDE FIRE LANE 24' WIDE 150' 10' 2 0 ' 24'24'24'24'24'24'24' 89.9' 4 0 ' 24' (TYP.) R=5' 24'24'24' R=30' R=2'R=3' R=3' R=2' R=1' R=2' 150' 4 6 . 5 ' 5 6 .9 ' 24'24' 3 7 . 6 '67.2' 2 8 . 3 ' 6 6 . 6 ' PARKING HANDICAP R=30' R=30' R=30'237.7' TOYOTA DEALERSHIP CONNECTION TO PROPOSED 6 6 ' 44 44 10' 40' 24' 1 0 ' 1 0 ' 2 4 ' 1 0 '20' SECURITY GATE PROPOSED DRAINAGE EASEMENT VARIABLE WIDTH 1 5 ' W a t e r l i n e E a s e m e n t P i p e l i n e E a s e m e n t 7 5 ' W a t e r T r a n s m i s s i o n SECURITY GATE PROPOSED 12/13/2016 C1.02 (2 OF 2) 9 ' 2 0 ' 8' MASONRY SCREENING WALL 8' MASONRY SCREENING WALL 8' MASONRY SCREENING WALL SECURITY GATE PROPOSED 9 11 11 8 5.5' 13 18 15 12 16 20 13 9 22 22 33 332222 332222 14 11 14 13 9 40'24'72'24'48'24'48' 90' 10' 12 16 16 3 10 10 9 20 20 2 8 26 2 EASEMENT 30' SANITARY SEWER EASEMENT 15' WATER LINE EASEMENT 15' WATER LINE DUMPSTER LOCATION 200' ENCROACHMENT AREA AUTOMOTIVE USE, SINGLE FAMILY 3 0 . 2 ' 3 2 5 7 . 6 ' 2 3 0 ' 1 0 0 ' SITE PLAN SIDEWALK 7' WIDE 15' 2 1 . 4 ' 2 1 . 4 ' 3 1 . 7 ' 15' 15' 2 9 . 8 ' 15' 1 5 ' 9 ' 1 5 ' 2 4 ' 9 ' 2 4 ' EASEMENT SIDEWALK 15 DRAINAGE EASEMENT VARIABLE WIDTH EASEMENT 30' SANITARY SEWER 15 15' 24' R=30' R=40' 15' 15' 7' WIDE SIDEWALK D16-0077 MEDIAN CONCRETE STAMPED Item 4h 978.88' N 0°02'55" W 6 3 0 . 4 8 ' S 8 9 ° 4 1 ' 0 2 " E 974.90' S 0°26'34" W 6 2 2 . 1 1 ' S 8 9 ° 5 7 ' 0 5 " W O.P.R.C.C.T. DOC. NO. 20140404000325110 CALLED 35.554 ACRES LEGACY HWY 380, LP WITH VENDORS LIEN SPECIAL WARRANTY DEED CURRENT LAND USE: AGRICULTURE FUTURE LAND USE:US 380 DISTRICT ZONED PD-4359 BLOCK D LOT 1 P.R.C.C.T. (DOC. NO. 20150623010002240) VOL. 2015, PG. 344 LOT 1, BLOCK B, LOT 1, BLOCK C, LOT 1, BLOCK D PROSPER CENTER, LOTS 1,2,3, & 4, BLOCK A, CURRENT LAND USE: AGRICULTURE FUTURE LAND USE:US 380 DISTRICT ZONED SFPD-65 O.P.R.C.C.T. DOC. NO. 20141104001205930 CALLED 16.061 ACRES DALH-PROSPER, L.L.C. SPECIAL WARRANTY DEED P.R.C.C.T. (DOC. NO. 20151118010004190) VOL. 2015, PG. 674 LOT 1, BLOCK A GST PROSPER, CURRENT LAND USE: COMERICAL FUTURE LAND USE:US 380 DISTRICT ZONED PD-4359 55,400 SF 55,625 SF PROPOSED DETENTION POND BUILDING A Sheet Number Sheet Title Checked By: Drawn By: Project No.: Issued: N o . D a t e D e s c r i p t i o n R e v i s i o n Scale: B U C H A N A N - 1 5 7 8 F M D . . . \ H A L F F _ M O N _ P E N T A B L E . T B L P D F _ 2 D _ M O N _ F W _ M R _ 3 0 0 . p lt D e s i g n I : \ 3 1 0 0 0 s \ 3 1 5 4 5 \C A D D \S h e e t s \C 1 0 2 - S I T E P L A N - 3 1 5 4 5 . d g n H A L F F a h 2 8 7 9 9 : 5 8 : 0 5 A M 3 / 1 6 / 2 0 1 7 T B P E F I R M N O . F - 3 1 2 F A X ( 9 7 2 ) 9 5 6 - 0 8 4 2 T E L ( 9 7 2 ) 9 5 6 - 0 8 0 1 F L O W E R M O U N D , T E X A S 7 5 0 2 8 - 8 8 2 9 1 0 0 1 C R O S S T I M B E R S R D , S U I T E 2 0 2 0 S H E E T O F P R O S P E R , T E X A S F O R D D E A L E R S H I P P R O S P E R PRELIMINARY Jay W. Reissig 94971 P.E. NO. 01/16/2017 SUPERVISION OF: WERE PREPARED BY OR UNDER THE OR CONSTRUCTION PURPOSES. THEY REGULATORY APPROVAL, PERMIT, BIDDING REVIEW AND NOT INTENDED FOR THESE DOCUMENTS ARE FOR INTERIM FOR INTERIM REVIEW ONLY TBPE #F-312 DATE 2 0 0 F I R C 5 2 0 1 F I R C 4 2 0 6 F I R C 4 2 0 8 F I R C 5 SITE PLAN NOTES: IRVING PRIOR TO FINAL DESIGN COORDINATED WITH AND APPROVED BY THE CITY OF TRANSMISSION PIPELINE EASEMENT SHALL BE PLAZA IMPROVEMENTS WITHIN CITY OF IRVING WATER FEES AND/OR PARKING REQUIREMENTS. FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT PROPOSED LAND USE AT THE TIME CO AND/OR SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE IMPACT FEES WILL BE ASSESSED IN AACCORDANCE WITH ORDINANCE. PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM AND/OR RELOCATED UNDERGROUND. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED RELEASE. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING DEPARTMENT. ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL PROVIDED PER TOWN STANDARDS. FREE RAMPS AT ALL CURB CROSSINGS SHALL BE IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5') SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH THE APPROVED FACADE PLAN. BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO OFFICIAL APPROVAL. ON THE SITE PLAN AND ARE SUBJECT TO BUILDING ALL FENCES AND RETAINING WALLS SHALL BE SHOWN APPROVAL. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL CODE. REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING WITH DISABILITIES ACT (ADA) AND WITH THE ACCESSIBILITY SHALL CONFORM TO THE AMERICANS HANDICAPPED PARKING AREAS AND BUILDING FIRE LANE. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A THE PROPERTY AT ALL TIMES. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR DEPARTMENT. PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED DEPARTMENT. PROTECTION MEASURES MAY BE APPROVED BY THE FIRE BE 100% FIRE SPRINKLERED. ALTERNATIVE FIRE BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL CONTAINED WITHIN THE ZONING ORDINANCE. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS APPROVED BY THE TOWN. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS ORDINANCE AND SUBDIVISION ORDINANCE. AND GLARE STANDARDS CONTAINED WITHIN THE ZONING OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING IN ACCORDANCE WITH THE ZONING ORDINANCE. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. DUMPSTERS AND TRASH COMPACTORS SHALL BE 20. 19. 18. 17. 16. 15. 14. 13. 12. 11. 10. 9. 8. 7. 6. 5. 4. 3. 2. 1. 4 0 ' B u i l d i n g S e t b a c k 15' Building Setback 15' Building Setback 5' Landscape Setback 3 0 ' B u i l d i n g A n d L a n d s c a p e S e t b a c k 1 5 ' L a n d s c a p e S e t b a c k 5' Landscape Setback 15' Landscape Setback 2 4 ' A C C E S S E A S E M E N T 4 0 ' B u i l d i n g S e t b a c k 15' Building Setback 15' Building Setback 5' Landscape Setback 3 0 ' B u i l d i n g A n d L a n d s c a p e S e t b a c k 1 5 ' L a n d s c a p e S e t b a c k 5' Landscape Setback 15' Landscape Setback 2 4 ' A C C E S S E A S E M E N T NOTES: PAVING LEGEND PROPOSED 4" CONCRETE SIDEWALK NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE. PROPOSED PARKING SHALL BE 10' X 20' (TYPICAL). FACE OF CURB. NOTED ON PLANS. ALL RADIUS DIMENSIONS ARE TO DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE PROPOSED CAR DISPLAY 3. 2. 1. PROPOSED FIRE LANE WITH 6" LIME STABILIZED SUBGRADE. PROPOSED 7" REINFORCED CONCRETE PAVING F H FH FH F H FH FH FH F H F D C N 50 100250 150 HORIZONTAL SCALE IN FEET 543 612 7 JWB 6 3 JWR 31545 SITE PLAN AS NOTED FIRE LANE 30' WIDE L E G A C Y D R I V E A P P . 2 3 0 0 ' T O 130' 10' 33.2' 10' 150' 10' 130' 1 4 0 ' 1 4 0 ' 1 4 0 ' 2 4 ' 161.1' 2 4' 203.2' 1 5 3 . 7 ' 197.8' 6 2 . 7 ' R=30' STORAGE CONCRETE CAR STORAGE CONCRETE CAR PARKING CONCRETE PARKING CONCRETE 230' 2 4' 2 4' 2 4' FIRE LANE 24' WIDE FIRE LANE 30' WIDE FIRE LANE 24' WIDE 150' 10' 2 0 ' 24'24'24'24'24'24'24' 89.9' 4 0 ' 24' (TYP.) R=5' 24'24'24' R=30' R=2'R=3' R=3' R=2' R=1' R=2' 150' 4 6 . 5 ' 5 6 .9 ' 24'24' 3 7 . 6 '67.2' 2 8 . 3 ' 6 6 . 6 ' PARKING HANDICAP R=30' R=30' R=30'237.7' TOYOTA DEALERSHIP CONNECTION TO PROPOSED 6 6 ' 44 44 10' 40' 24' 1 0 ' 1 0 ' 2 4 ' 1 0 '20' SECURITY GATE PROPOSED DRAINAGE EASEMENT VARIABLE WIDTH 1 5 ' W a t e r l i n e E a s e m e n t P i p e l i n e E a s e m e n t 7 5 ' W a t e r T r a n s m i s s i o n SECURITY GATE PROPOSED 12/13/2016 C1.02 (2 OF 2) 9 ' 2 0 ' 8' MASONRY SCREENING WALL 8' MASONRY SCREENING WALL 8' MASONRY SCREENING WALL SECURITY GATE PROPOSED 9 11 11 8 5.5' 13 18 15 12 16 20 13 9 22 22 33 332222 332222 14 11 14 13 9 40'24'72'24'48'24'48' 90' 10' 12 16 16 3 10 10 9 20 20 2 8 26 2 EASEMENT 30' SANITARY SEWER EASEMENT 15' WATER LINE EASEMENT 15' WATER LINE DUMPSTER LOCATION 200' ENCROACHMENT AREA AUTOMOTIVE USE, SINGLE FAMILY 3 0 . 2 ' 3 2 5 7 . 6 ' 2 3 0 ' 1 0 0 ' SITE PLAN SIDEWALK 7' WIDE 15' 2 1 . 4 ' 2 1 . 4 ' 3 1 . 7 ' 15' 15' 2 9 . 8 ' 15' 1 5 ' 9 ' 1 5 ' 2 4 ' 9 ' 2 4 ' EASEMENT SIDEWALK 15 DRAINAGE EASEMENT VARIABLE WIDTH EASEMENT 30' SANITARY SEWER 15 15' 24' R=30' R=40' 15' 15' 7' WIDE SIDEWALK D16-0077 MEDIAN CONCRETE STAMPED Item 4h Scale: 1"=40' March, 2017 SEI Job No. 17-029 Town Case No. D17-0011                PRELIMINARY SITE PLAN             NORTH PRESTON VILLAGE BLOCK A, LOTS 1-4 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS J. TUNNEY SURVEY, ABST. NO. 916 306,952 Sq. Ft./ 7.047 Acres (Gross) 280,784 Sq. Ft./ 6.446 Acres (Net) Current Zoning: R (Retail) LOCATION MAP 1" = 1000' PROJECT LOCATION OWNER / APPLICANT BF-GBT North Preston Village, LP 9550 John W. Elliott Dr., Suite 106 Frisco, TX 75033 Telephone: (214) 972-0808 Contact: Ryan Griffin ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: David Bond Cab. Q, Pg. 680 PRCCT Doc. No. 96-0054009 DRCCT Doc. No. 20150113000038940 DRCCT Doc. No. 20100929001043970 DRCCT Vol. 12, Pg. 51 DRCCT Doc. No. 20150821001059600 DRCCT (corrected deed recorded in Doc. No. 20150914001163560 DRCCT) (P r e s c r i p t i v e R . O . W . ) Va r i a b l e w i d t h R . O . W . Vol. 2012, Pg. 84 PRCCT (Unrecorded) Item 4h Cumulus Design Firm #14810 2080 N. Highway 360, Suite 240 Grand Prairie, Texas 75050 Tel. 214.235.0367 I t e m 4 h F i n a l A p p r o v a l J u n e 9 , 2 0 1 5 #4#5#6#7#8 # 9 #1 #2 #3 S i t e P l a n N o t e s A n y r e v i s i o n t o t h i s p l a n w i l l r e q u i r e t o w n a p p r o v a l a n d w i l l r e q u i r e r e v i s i o n s t o a n y c o r r e s p o n d i n g p l a n s t o a v o i d c o n f l i c t s b e t w e e n p l a n s . 1 ) D u m p s t e r s a n d t r a s h c o m p a c t o r s s h a l l b e s c r e e n e d i n a c c o r d a n c e w i t h t h e Z o n i n g O r d i n a n c e . 2 ) O p e n s t o r a g e , w h e r e p e r m i t t e d , s h a l l b e s c r e e n e d i n a c c o r d a n c e w i t h t h e Z o n i n g O r d i n a n c e . 3 ) O u t d o o r l i g h t i n g s h a l l c o m p l y w i t h t h e l i g h t i n g a n d g l a r e s t a n d a r d s c o n t a i n e d w i t h i n t h e Z o n i n g O r d i n a n c e a n d S u b d i v i s i o n O r d i n a n c e . 4 ) L a n d s c a p i n g s h a l l c o n f o r m t o l a n d s c a p e p l a n s a p p r o v e d b y t h e T o w n . 5 ) A l l e l e v a t i o n s s h a l l c o m p l y w i t h t h e s t a n d a r d s c o n t a i n e d w i t h i n t h e Z o n i n g O r d i n a n c e . 6 ) B u i l d i n g s o f 5 , 0 0 0 s q u a r e f e e t o r g r e a t e r s h a l l b e 1 0 0 % f i r e s p r i n k l e d . A l t e r n a t i v e f i r e p r o t e c t i o n m e a s u r e s m a y b e a p p r o v e d b y t h e F i r e D e p a r t m e n t . 7 ) F i r e l a n e s s h a l l b e d e s i g n e d a n d c o n s t r u c t e d p e r t o w n s t a n d a r d s o r a s d i r e c t e d b y t h e F i r e D e p a r t m e n t . 8 ) T w o p o i n t s o f a c c e s s s h a l l b e m a i n t a i n e d f o r t h e p r o p e r t y a t a l l t i m e s . 9 ) S p e e d b u m p s / h u m p s a r e n o t p e r m i t t e d w i t h i n a f i r e l a n e . 1 0 ) H a n d i c a p p e d p a r k i n g a r e a s a n d b u i l d i n g a c c e s s i b i l i t y s h a l l c o n f o r m t o t h e A m e r i c a n s w i t h D i s a b i l i t i e s A c t ( A D A ) a n d w i t h t h e r e q u i r e m e n t s o f t h e c u r r e n t , a d o p t e d B u i l d i n g C o d e . 1 1 ) A l l s i g n a g e i s s u b j e c t t o B u i l d i n g O f f i c i a l a p p r o v a l . 1 2 ) A l l f e n c e s a n d r e t a i n i n g w a l l s s h a l l b e s h o w n o n t h e s i t e p l a n a n d a r e s u b j e c t t o B u i l d i n g O f f i c i a l a p p r o v a l . 1 3 ) A l l e x t e r i o r b u i l d i n g m a t e r i a l s a r e s u b j e c t t o B u i l d i n g O f f i c i a l a p p r o v a l a n d s h a l l c o n f o r m t o t h e a p p r o v e d f a ç a d e p l a n . 1 4 ) S i d e w a l k s o f n o t l e s s t h a n s i x ( 6 ' ) f e e t i n w i d t h a l o n g t h o r o u g h f a r e s a n d c o l l e c t o r s a n d f i v e ( 5 ' ) i n w i d t h a l o n g r e s i d e n t i a l s t r e e t s , a n d b a r r i e r f r e e r a m p s a t a l l c u r b c r o s s i n g s s h a l l b e p r o v i d e d p e r T o w n s t a n d a r d s . 1 5 ) A p p r o v a l o f t h e s i t e p l a n i s n o t f i n a l u n t i l a l l e n g i n e e r i n g p l a n s a r e a p p r o v e d b y t h e E n g i n e e r i n g D e p a r t m e n t . 1 6 ) S i t e p l a n a p p r o v a l i s r e q u i r e d p r i o r t o g r a d i n g r e l e a s e . 1 7 ) A l l n e w e l e c t r i c a l l i n e s s h a l l b e i n s t a l l e d a n d / o r r e l o c a t e d u n d e r g r o u n d . 1 8 ) A l l m e c h a n i c a l e q u i p m e n t s h a l l b e s c r e e n e d f r o m p u b l i c v i e w i n a c c o r d a n c e w i t h t h e Z o n i n g O r d i n a n c e . 1 9 ) T e m p o r a r y b u i l d i n g s w i l l m e e t a l l t h e r e q u i r e m e n t s o f t h e B u i l d i n g C o d e . 2 0 ) T e m p o r a r y b u i l d i n g s w i l l m e e t a l l t h e r e q u i r e m e n t s o f t h e F i r e C o d e . 2 1 ) T e m p o r a r y b u i l d i n g s w i l l b e a d d e d t o t h e e x i s t i n g f i r e a l a r m s y s t e m a n d i n c l u d e o n e p u l l s t a t i o n a n d s m o k e a l a r m . 2 2 ) T e m p o r a r y b u i l d i n g s w i l l h a v e a m i n i m u m 1 0 ' b u i l d i n g s e p a r a t i o n . 2 3 ) T e m p o r a r y b u i l d i n g s a r e a p p r o x i m a t e l y 2 4 ' x 6 4 ' , a n d 1 , 5 3 6 s q f t . 2 4 ) T e m p o r a r y b u i l d i n g s c o n n e c t i n g t o p l u m b i n g o f e x i s t i n g b u i l d i n g s s h a l l s u b m i t f o r a l l n e c e s s a r y b u i l d i n g p e r m i t s , w h i l e t e m p o r a r y b u i l d i n g s r e q u i r i n g c o n n e c t i o n s t o p u b l i c i n f r a s t r u c t u r e s h a l l r e q u i r e e n g i n e e r i n g p l a n s t o b e s u b m i t t e d a n d a p p r o v e d a t t h e t i m e o f b u i l d i n g p e r m i t . 2 5 ) L o c a t i o n o f e l e c t r i c a l p a n e l ( s ) , f e n c i n g a n d g a t e h a r d w a r e m u s t b e a p p r o v e d b e f o r e e l e c t r i c a l r e l e a s e . D 1 7 - 0 0 0 6 I t e m 4 h Page 1 of 2 On To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 28, 2017 Agenda Item: Conduct a Public Hearing, and consider and act upon a request for a Variance to the Sign Ordinance, regarding a model home monument sign, for Grenadier Homes, located on the southeast corner of Redstem Drive and Pavonia Lane (4281 Pavonia Lane). (V17-0002). Description of Agenda Item: This request is for a Variance to the Sign Ordinance to allow for a reduced setback for a model home monument sign in the Windsong Ranch townhome development. The applicant began construction of the model home monument sign prior to submitting a building permit. Once the sign permit was submitted, it was determined that it did not meet the minimum setback requirement. Photos of the partially constructed sign are attached for reference. On January 27, 2015, the Town Council approved an amendment to Planned Development-40 (PD-40) regarding a proposed townhome development in Windsong Ranch. The amendment allowed for a minimum front yard setback of 7 feet. However, the Sign Ordinance currently requires that model home monument signs be located a minimum of fifteen (15) feet from the property line. The applicant is requesting a Variance to allow for a reduction to the 15-foot minimum setback, to approximately three (3) feet, as shown on the attached Variance exhibits. All other regulations of the Sign Ordinance for monument signs have been met. In addition, at the time the model home is converted into a residence, the monument sign will be required to be removed. The Sign Ordinance contains five criteria to be considered in determining the validity of a sign variance request. The applicant has provided a response letter addressing these criteria. 1. The literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant; 2. The proposed sign shall not adversely impact and will be wholly compatible with the use and permitted development of the adjacent property (visibility, size, etc.); 3. The proposed sign shall be of a unique design or configuration; Prosper is a place where everyone matters. PLANNING Item 6 Page 2 of 2 4. The special exception is needed due to a hardship caused by restricted area, shape, topography, or physical features that are unique to the property or structure on which the proposed sign would be erected, and such hardship is not self-imposed; and 5. The special exception will substantially improve the public convenience and welfare and does not violate the intent of this Ordinance. Staff believes that this request is in harmony with the intent of the Sign Ordinance, is reasonable, and that the criteria for variance approval has been satisfied. Legal Obligations and Review: Notification was provided to neighboring property owners as required by the Sign Ordinance. To date, no Public Hearing Notice Reply Forms have been received. Attached Documents: 1. Location map 2. Sign Variance exhibits 3. Request letter 4. Photos Staff Recommendation: Staff recommends the Town Council approve a Variance to the Sign Ordinance, to allow for decreased setback for a model home monument sign, for Grenadier Homes, located on the southeast corner of Redstem Drive and Pavonia Lane (4281 Pavonia Lane). Proposed Motion: I move to approve a Variance to the Sign Ordinance, to allow for decreased setback for a model home monument sign, for Grenadier Homes, located on the southeast corner of Redstem Drive and Pavonia Lane (4281 Pavonia Lane). Item 6 !V17-0002 TE E L P K W Y RE D S T E M D R PAVONIA LN MA R I G O L D L N GR E E N B R I A R L N PINE LEAF LN DALEA DR FEATHERGRASS LN FO X G L O V E L N PEPPE R V I N E L N CO P P E R C A N Y O N D R MARIGOLD DR DR U M M O N D D R PEQUIN DR BRISTLELEAF L N MO U N T A I N L A U R E L D R POROSA LN LANTANA LN FI R E W H E E L L N PRAIRIE CLOVER LN WHITE CLOVER LN AG A R I T A L N SI L V E R B E L L D R PR I M R O S E C T MA R I G O L D L N CO P P E R C A N Y O N D R 0 160 32080 Feet ± Item 6 Alley "G" Pavonia Lane Landscaping Legend:Landscaping Legend: (Alley Trees)(Plant Beds) date mktd. as subdiv. lot blk address plan city 10/3/16 TH 3-C / Mockingbird, Cardinal II, & Robin Windsong Ranch A 4281, 4271, & 4261 Pavonia Lane TH 3-C / 3301, 3802, & 3803 Prosper, TX 1, 2, & 3 SCALE: 1 = 20' TOTAL SOD: Right Sod: Left Sod: Back Sod: Front Sod: Flatwork: SQ.FT.DESCRIPTION DESCRIPTION SQ.YDS. ### ### ### ### ### ### Item 6 41.56' 18.75' L1 - 13 . 4 7 ' 38.00' 38.00' L57 - 6 . 3 7 ' C 1 1 - 5 4 . 0 9 ' 43.00' 6 ƒ      :   90 . 0 0 ' 43.00' L 1 0 5 - 2 8 . 4 0 ' 20 . 6 3 ' 10'-0"109'-0"18'-4" 33'-0"38'-0"38'-0" 10 ' - 0 " 60 ' - 0 " 20 ' - 0 " 10 ' - 0 " 60 ' - 0 " 20 ' - 0 " 10'-0"109'-0"16'-4" 7'-0" 32 ' - 4 " 18 ' - 6 " 7'-0" 4'-0" 4'-0" 5' - 0 " Alley "G" Pavonia Lane SCALE: 1 = 20' TOTAL SOD: Right Sod: Left Sod: Back Sod: Front Sod: Flatwork: SQ.FT.DESCRIPTION DESCRIPTION SQ.YDS. ### ### ### ### ### ### date mktd. as subdiv. lot blk address plan city 10/3/16 TH 3-C / Mockingbird, Cardinal II, & Robin Windsong Ranch A 4281, 4271, & 4261 Pavonia Lane TH 3-C / 3301, 3802, & 3803 Prosper, TX 1, 2, & 3 Item 6 5'- 4 " 5'- 0 " 4" 5'- 4 " 1'- 2 " 4" 3'- 0 " 4" 6" 6" 6" 6" 6" 6" 6" 9'-0" 2" 2" 2'-0"7'-0" 9'-0" 5'-8"4"1'-0" Grenadier Model Monument Sign 5'- 4 " 5'- 0 " 4" 5'- 4 " 1'- 2 " 4" 3'- 0 " 4" 6" 6" 6" 6" 6" 6" 6" 9'-0" 2" 2" 2'-0"7'-0" 9'-0" 5'-8"4"1'-0" Grenadier Model Monument Sign GRENADIER HOMES GRENADIER HOMES Item 6 Grenadier Homes expressly reserves its copyright and other property rights in these plans and drawings. These plans and related drawings are not to be copied in any form or manner. 5000 QUORUM DR SUITE #555 DALLAS, TX 75254 (214) 224-0095 FILENAME: P L A N N o . O F S H E E T SHEET TITLE LOT/BLOCK R e l e a s e D a t e : D e s i g n e d B y : D r a w n B y : DateNo.Description REVISIONS By © G R E N A D I E R H O M E S Plan #/Name M M S 6 Model Monument Sign Lot #; Block # M J W M J W 8 / 2 4 / 1 5 1 8/24/15 Grenadier Model Monument Sign MJW Grenadier Model Monument Sign.dwg 3 Floor Plan F r o n t E l e v a t i o n - s c a l e : 1 / 2 " = 1 ' - 0 " Plan View - scale: 1/2"=1'-0" SW View - scale: 1/2"=1'-0" N E V i e w - s c a l e : 1 / 2 " = 1 ' - 0 " 2 x 6 i p e w o o d ( t y p ) 2x6 ipe wood (typ)2x4 6 x 6 m e t a l p o s t ( t y p ) c a s t s t o n e c a p ( t y p ) c a s t s t o n e c a p ( t y p ) cast stonecap (typ) 2 x 6 i p e w o o d ( t y p ) 6 x 6 m e t a l p o s t ( t y p ) s t o n e s t o n e stone s t o n e s t o n e c a s t s t o n e c a p ( t y p ) cast stone c a s t s t o n e 2 x 4 6 x 6 m e t a l p o s t p l a c k plack c a s t s t o n e c a p ( t y p ) cast s t o n e cap ( t y p ) 2 x 6 i p e w o o d ( t y p ) 2x46x6 metal post (typ) I t e m 6 I t e m 6 Item 6 Item 6 Item 6 Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 28, 2017 Agenda Item: Consider and act upon approving a recommendation from the Prosper Youth Sports Commission (PYSC) on the proposed multipurpose fields striping for the Frontier Park North Field Improvements project. Description of Agenda Item: At the February 14, 2017, Town Council meeting, Town staff presented a recommendation from the Prosper Youth Sports Commission (PYSC) regarding the striping of the three baseball/softball fields and the two multipurpose fields. At the meeting, Town Council accepted the recommendation from the PYSC regarding the striping and layout of the baseball/softball fields. However, PYSC was not able to reach a consensus regarding the layout and striping of the two multipurpose fields for soccer and lacrosse. Council discussed the item and requested that PYSC reconsider the layout and striping in an effort to bring Council a recommendation that was supported by the PYSC Board. PYSC met on March 15, 2017, to discuss the layout and striping options. In the past, there was discussion regarding the number of stripes on the fields, color of stripes, and questioning the need for the soccer fields to be 120 yards long and lacrosse at 110 yards long. Hellas Construction, Inc. was able to provide a colored turf for striping that has been referred to as “Carolina Blue” to be used by lacrosse. Soccer agreed to forgo the penalty arc on top of the penalty area which reduced the number of lines that are in the crease of lacrosse, thereby mitigating potential confusion by players in that area of the field. Although not discussed previously, the issue was brought before the group of soccer and football using a combo goal and that not being possible if soccer used a 110-yard field. While football could use the goose neck style goal post and a portable soccer goal would fit underneath, the group was concerned with storing, anchoring and moving them when multiple groups use the field. The largest concern was storing the goals when not in use. The solution was to use a combo goal post for football and soccer at the end of the end zone which requires the soccer field to be 120 yards long. PARKS & RECREATION Prosper is a place where everyone matters. Item 7 Page 2 of 2 The attached minutes of the meeting show that the PYSC Board reached the consensus as follows. This is illustrated also in the attached Exhibit 11. • Soccer would have 120-yard outside yellow lines and interior yellow lines; there would not be a penalty arc on the top of the penalty area. • Lacrosse would have 110-yard outside “Carolina Blue” lines and interior “Carolina Blue” lines. • Fields would have a “Carolina Blue” line along the sidelines on the inside and a yellow line along the sidelines on the outside. Because there were no changes to the football field layout being discussed, the size was not part of the motion. The proposed striping will be for a standard 100-yard playing field with end zones and white line striping. Attached Documents: 1. Exhibit 11 PYSC Recommended Striping for Multipurpose Fields 2. PYSC March 15, 2017 Minutes. Town Staff Recommendation: Town staff recommends that the Town Council approve a recommendation from the Prosper Youth Sports Commission (PYSC) on the proposed multipurpose fields striping for the Frontier Park North Field Improvements project. Proposed Motion: I move to approve a recommendation from the Prosper Youth Sports Commission (PYSC) on the proposed multipurpose fields striping for the Frontier Park North Field Improvements project. Item 7 Item 7 Page 1 of 1 Prosper Youth Sports Commission 2017 Special Meeting Meeting Agenda Date: March 15, 2017 Time: 8:30am Location: Parks and Recreation Office – 101 Dylan Drive Prosper, TX 75078 _____________________________________________________________________________ I.Roll Call : Drake Dunn, Craig Andres, Trip Davenport, Andy Williams, Bryan Vaughan, Dan Williams, Mike Korbuly, Dudley Raymond, and Matt Furr. II.Frontier Park North Design update. Town Council wants PYSC to make a recommendation on multipurpose fields. •Proposals i.Everything at 120 yards lines, double-lined with yellow for soccer and Carolina blue for lacrosse, remove the yellow top arch to avoid confusion with the lacrosse circle ii.Everything at 110 yards lines, all one color on outside with interior lines yellow/soccer and blue/lacrosse. •Motion for both multipurpose fields at 120 yards lines outside for yellow/soccer and 110 yards outside Carolina blue for lacrosse, remove the yellow top soccer arch to avoid confusion with the lacrosse circle. Football goal posts on both fields with white lines per the exhibits as previously approved. Voted and approved. III.Next Meeting – Wednesday, April 26th @ 8:30am (location TBD) IV.Adjournment Item 7