04.09.19 Town Council Regular Meeting PacketPage 1 of 3
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Prosper is a place where everyone matters.
AGENDA BRIEFING – EXECUTIVE CONFERENCE ROOM
1. Call to Order/Roll Call.
2. Questions about items listed on the Regular Meeting Agenda.
3. Discussion Items:
• Discuss Proposed Non-Residential Development Standards. (AG)
THE REGULAR TOWN COUNCIL MEETING WILL CONVENE IN COUNCIL
CHAMBERS IMMEDIATELY FOLLOWING THE AGENDA BRIEFING, AT
APPROXIMATELY 6:15 P.M.
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. Presentations.
Presentation of a Proclamation to members of the Prosper Community Library staff
declaring April 7-13, 2019, as National Library Week. (RB)
Presentation of a Proclamation to members of the Prosper Police Department staff
declaring April 14-20, 2019, as Public Safety Telecommunicators Week. (RB)
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
• Regular Meeting – March 26, 2019
5b. Consider and act upon the appointment of a Town of Prosper representative to the
Board of Directors of the Upper Trinity Regional Water District. (RB)
AGENDA
Agenda Briefing and Regular Meeting of the
Prosper Town Council
Council Chambers
Prosper Town Hall
200 S. Main Street, Prosper, Texas
Tuesday, April 9, 2019
5:45 p.m.
Page 2 of 3
5c. Consider and act upon an ordinance extending franchise granted to CoServ Gas,
LTD., its successors and assigns, to construct, maintain, and operate pipelines
and equipment in the Town of Prosper, Collin and Denton Counties, Texas, for the
transporting, delivery, sale, and distribution of gas in, out of, and through said Town
for all purposes; providing a savings clause; providing a severability clause;
providing an effective date. (KN)
5d. Consider and act upon an ordinance amending Section 12.09.003, "Speed Limits
on Specific Streets," of Chapter 12 "Traffic and Vehicles," of the Town's Code of
Ordinances by modifying the prima facie speed limit on US 380 (University Drive).
(HW)
5e. Consider and act upon approving a list of qualified firms to provide professional
engineering and related services to the Town of Prosper. (PA)
5f. Conduct a Public Hearing, and consider and act upon a request to amend the
Future Land Use Plan from Medium Density Single Family to Retail &
Neighborhood Services, generally located on the north side of Fishtrap Road, west
of Legacy Drive. (CA19-0001). (Request by Applicant to Table this Item) (AG)
5g. Conduct a Public Hearing, and consider and act upon a request to rezone 9.1±
acres from Agricultural (A) to Office (O), located on the north side of Fishtrap Road,
west of Legacy Drive. (Z19-0002). (Request by Applicant to Table this Item) AG)
5h. 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)
6. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is unable
to discuss or take action on any topic not listed on this agenda. Please complete a “Public
Meeting Appearance Card” and present it to the Town Secretary prior to the meeting.
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.
ITEMS FOR INDIVIDUAL CONSIDERATION:
7. Consider and act upon request for Alternative Fencing Materials for eight (8) lots in Lakes
of La Cima, Phase 7C, to allow for wooden fencing adjacent to open space and a hike &
bike trail, in lieu of ornamental metal. (MD19-0003). (AG)
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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.
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.
11. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall,
located at 200 S. Main 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 April 5, 2019, 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.
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Prosper is a place where everyone matters.
AGENDA BRIEFING
1.Call to Order/Roll Call.
The meeting was called to order at 5:46 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Council Members Absent:
Councilmember Mike Korbuly
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Town Secretary/PIO
Hulon Webb, Engineering Services Director
John Webb, Development Services Director
Alex Glushko, Planning Manager
Pete Anaya, Assistant Director of Engineering Services – Capital Projects
Chuck Springer, Executive Director of Administrative Services
Dudley Raymond, Parks and Recreation Director
Kelly Neal, Finance Director
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
2.Questions about items listed on the Regular Meeting Agenda.
No items were discussed.
3.Discussion Items:
•Update on Prosper Downtown Live! (DR)
Dudley Raymond, Parks and Recreation Director, updated the Council on plans for
the Prosper Downtown Live! event to be held on May 24, 2019. Mr. Raymond provided
an updated site map with the revised TABC boundary which encompasses the Town
Hall property on the south and west sides, the west side of Main Street and the south
MINUTES
Agenda Briefing and Regular Meeting of the
Prosper Town Council
Prosper Town Hall
Council Chambers
200 S. Main Street
Prosper, TX 75078
Tuesday, March 26, 2019
Item 5a
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side of Broadway. The Council discussed details related to TABC regulations for
alcohol sales at the event. Town Manager Harlan Jefferson indicated that trees are
being installed on Broadway, and the contractor is scheduled to finish construction by
May 1.
• Prosper High School/Stadium Traffic and BNSF Railroad Overall Plan (JC)
This item was discussed prior to Item 11 on the Regular Agenda.
The Agenda Briefing adjourned at 6:12 p.m.
THE REGULAR TOWN COUNCIL MEETING CONVENES IN COUNCIL CHAMBERS
IMMEDIATELY FOLLOWING THE AGENDA BRIEFING, AT APPROXIMATELY 6:15
P.M.
1. Call to Order/Roll Call.
The meeting was called to order at 6:20 p.m.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Mike Martin of Hope Fellowship Church led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of recent and upcoming events.
Councilmember Andres read the following announcements:
Registration has begun for the Prosper Fire Department’s Citizens Fire Academy. The
program is open to Prosper residents who would like to learn more about their Fire
Department. Classes will meet for nine weeks on Thursday evenings from 6:30-9:00 p.m.
beginning June 6. Registration forms are available on the Town website.
For a limited time, the Town of Prosper is offering free sprinkler evaluations to residents.
An independent evaluator will check your irrigation system to ensure it is operating
efficiently. For more information, contact Tristan Cisco, the Town’s Water Education
Coordinator.
Prosper families are invited to the Library Program Room this Saturday at 10:00 a.m. and
1:00 p.m. for Family Movie Saturday.
The Annual Spring Cleanup will take place on Saturday, March 30, from 8:00 a.m.-noon
along Craig Road near Rucker Elementary. Residents may dispose of bulk trash items,
electronics, household hazardous waste, yard debris, cardboard, and tires. Document
shredding will also be available on site. For details on acceptable items, please visit the
town website.
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.)
Item 5a
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4a. Consider and act upon minutes from the following Town Council meeting.
(RB)
• Regular Meeting – March 12, 2019
4b. Receive the December Financial Report (KN)
4c. Receive the Quarterly Investment Report (KN)
4d. Consider and act upon Ordinance No. 19-16 to amend Planned Development-
75 (PD-75), generally to modify the Office District, on 67.7± acres, located on
the northwest corner of Prosper Trail and Dallas Parkway. (Z18-0019). (AG)
4e. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services
Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the
Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any Site Plan or Preliminary Site Plan. (AG)
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the
motion to approve all items on the Consent Agenda. 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.
ITEMS FOR INDIVIDUAL CONSIDERATION:
6. Consider and act upon approving a resolution supporting U.S. Highway 380 as a
Limited Access Roadway but strongly opposing any proposed alignment change to
Red Alignment Option B and original Red Alignment Option B as bypass options
for U.S. Highway 380 within the corporate limits of the Town of Prosper that is not
consistent with the Town’s Thoroughfare Plan and current alignment of said
highway. (HW)
Hulon Webb, Director of Engineering Services, presented this item before the Town
Council. He provided examples of the Town’s long history of providing regional support
Item 5a
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to local transportation projects. The Town has agreed to provide 33 acres of right-of-way
necessary for U.S. Highway 380 to be expanded along its current alignment. He reviewed
the history of the proposed bypass as well as the freeway alignment options that have
been proposed by TxDOT. No formal request for a bypass has been made by the Town
of Prosper, Prosper ISD, the City of McKinney, the City of Frisco, or Collin County.
Furthermore, the Town of Prosper, the City of Frisco, Prosper ISD, Collin County
Commissioner Susan Fletcher, and Senator Pat Fallon have all expressed their official
support of expanding U.S. Highway 380 as a Limited Access Roadway in its current
alignment. Mr. Webb reviewed the third proposed resolution for Council consideration,
which continues support for U.S. Highway 380 as a LAR and opposed any bypass option
within the corporate limits of the Town. The resolution also directs no further staff
coordination with TxDOT for the preservation of right-of-way for U.S. 380 while there exists
a bypass option within the Town limits, and directs staff to contact TxDOT for additional
explanation and justification for the bypass options that have been proposed thus far.
Mayor Smith recognized the following individuals who submitted comment cards on the
item:
Ken and JoAnna Weaver, 1480 Beacon Hill Drive, Prosper, did not wish to speak, but
expressed their support for the item.
Mayor Smith stated that Councilmember Korbuly could not attend the meeting tonight, but
expressed his support for the resolution.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Miller
seconded the motion to approve Resolution 19-17 supporting U.S. Highway 380 as a
Limited Access Roadway but strongly opposing any proposed alignment change to Red
Alignment Option B and original Red Alignment Option B as bypass options for U.S.
Highway 380 within the corporate limits of the Town of Prosper that is not consistent with
the Town’s Thoroughfare Plan and current alignment of said highway. The motion was
approved by a vote of 6-0.
7. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific
Use Permit for a Wireless Communication and Support Structure, on 0.5± acre,
located in Frontier Park, on the south side of Frontier Parkway, south and west of
Stadium Drive. (S18-0007). (AG)
8. Consider and act upon authorizing the Town Manager to execute a Tower Site Lease
Agreement by and between the Town of Prosper, Texas, and New Cingular Wireless
PCS, LLC, for the lease of Town property, generally located at 1551 Frontier
Parkway in Frontier Park, for a cell tower. (CS)
Mayor Smith opened Items 7 and 8 concurrently.
Planning Manager Alex Glushko presented Item 7 before the Town Council. The purpose
of this request is to allow for a wireless communication and support structure in Frontier
Park. The applicant is proposing to remove an existing 80-foot light pole that illuminates
soccer fields and replace it with a 115-foot support structure for wireless antennas and
affix lights at a point 80 feet high on the support structure. The applicant has indicated a
willingness to work with the Town and any necessary sports association to ensure no
scheduled activities are disrupted as a result of the relocation of the lights. A 10-foot tall
masonry enclosure, constructed of brick and stone consistent with other structures in
Item 5a
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Frontier Park, is proposed to screen the ground equipment used in conjunction with the
wireless communication facility.
Chuck Springer, Executive Director of Administrative Services, presented Item 8 before
the Town Council. New Cingular Wireless PCS, LLC, approached Town staff to discuss a
cell tower at Frontier Park in conjunction with a light pole. The tenant is only leasing the
600-square-foot portion of the property, and they will be responsible for building and
maintaining the cell tower. The tower will be replacing an existing light pole at the park.
The new tower will contain lighting with cellular antennas above the lighting.
Mayor Smith opened the Public Hearing for Item 7.
Geniya Talsky, 520 Evening Sun Drive, Prosper, spoke in opposition to the item.
Jack Dixon, 810 Long Valley Court, Prosper, spoke in opposition to the item.
David Prejean, representing the applicant, spoke in favor of the item.
After discussion, Councilmember Miller made a motion and Mayor Pro-Tem Vogelsang
seconded the motion to approve Ordinance No. 19-14 for a Specific Use Permit for a
Wireless Communication and support structure, on 0.5± acre, located in Frontier Park, on
the south side of Frontier Parkway, south and west of Stadium Drive, subject to Town staff
recommendations. The motion was approved by a vote of 6-0.
9. Consider and act upon a resolution accepting the Independent Audit Report and
Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended
September 30, 2018, as presented by a representative of Patillo, Brown and Hill,
LLP., Certified Public Accountants. (KN)
Finance Director Kelly Neal introduced John Manning with Patillo, Brown and Hill, LLP,
who presented this item before the Town Council. Mr. Manning reported that the Town’s
annual audit findings included one material weakness in internal controls over financial
reporting, and Town management has provided a response in the auditor’s communication
letter. Mr. Manning stated that the Town’s fund balances are strong, and stakeholder
interviews to detect fraud yielded no impropriety in the Town’s financial reporting.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Andres
seconded the motion to approve Resolution 19-15 accepting the Independent Audit Report
and Comprehensive Annual Financial Report for the Fiscal Year Ended September 30,
2018. The motion was approved by a vote of 6-0.
10. Consider and act upon request for Alternative Fencing Materials for eight (8) lots in
Lakes of La Cima, Phase 7C, to allow for wooden fencing adjacent to open space
and a hike & bike trail, in lieu of ornamental metal. (MD19-0003). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. Gallery
Homes has submitted a request to permit wooden fencing in lieu of the required
ornamental metal fencing on eight lots in La Cima, which are adjacent to a hike and bike
trail. In 2015, the Town amended the fence regulations adjacent to open space to require
ornamental metal fencing with the intent to integrate open space into neighborhoods.
Item 5a
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Bill Durham with Gallery Homes, the applicant, stated that he is requesting the
homeowners have the option of either a wood or metal fence. He noted that the homes
to the south in La Cima, and the homes to the west in Willow Ridge have existing wooden
fences, which were built prior to the 2015 amendments.
Mayor Smith recognized the following individuals who submitted comments cards for this
item:
Marco Vazquez, 1000 Three Rivers Drive, Prosper, did not wish to speak, but expressed
his support for the item.
Kenneth Kelly, Jr., 1500 Sweetwater, Prosper, did not wish to speak, but expressed his
support for the item.
Lisa Lawrence, 860 Rustic Lane, Prosper, did not wish to speak, but expressed his support
for the item.
Ken and JoAnna Weaver, 1480 Beacon Hill Drive, Prosper, did not wish to speak, but
expressed their opposition to the item.
Stephanie Parker-Kelly, 1500 Sweetwater, Prosper, spoke in favor of the item, noting that
she would like to have a choice between wood and metal fencing, and that a wood fence
would provide more privacy on her property.
Ken Dugger, 304 S. Craig Drive, Prosper, spoke in favor of the request, stating that he
believed the intent of the 2015 amendment was for future homeowners, not existing
homeowners.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges
seconded the motion to deny the request for wooden fencing adjacent to an open space
and hike & bike trail at 1500 and 1501 Sweetwater Lane, 1450 and 1501 Mountain Creek
Lane, and 580, 590, 600, and 610 Hords Creek Lane. The motion failed by a vote of 2-4.
After further discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember
Hodges seconded the motion to table Item 10 to the April 9, 2019, Town Council meeting.
The motion was approved by a vote of 6-0.
11. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Lee Engineering, LLC, and the Town of Prosper,
Texas, related to the Prosper Quiet Zone & Railroad Grade Separation Preliminary
Design Services project. (JC)
Jim Cline, Engineering Consultant, briefed the Council on the Prosper High School and
PISD Stadium traffic issues, a discussion item that was postponed from the earlier Agenda
Briefing. He provided several recommendations to minimize the impact of the BNSF
railroad on traffic near the High School and future football stadium.
Mr. Cline continued his presentation on Item 11. Lee Engineering, LLC, was previously
engaged by the Town of Prosper to review grade separations, quiet zoning, and required
pavement marking and signs. Their previous efforts were of high quality, and the tasks
that are part of the proposed contract leverage and build upon the previous project work
Item 5a
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in support of the Town’s overall strategy to minimize the impact of the BNSF railroad on
traffic.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Miller
seconded the motion to authorize the Town Manager to execute a Professional Services
Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to
the Prosper Quiet Zone & Railroad Grade Separation Preliminary Design Services project.
The motion was approved by a vote of 6-0.
12. Discussion on the Downtown Monument Sign. (DR)
Parks and Recreation Director Dudley Raymond introduced Lenny Hughes from Halff and
Associates, who presented this item before the Town Council. The monument will be
similar in architectural style and material to the SH 289 gateway monument design. It is
anticipated that this monument will be replicated in other key areas of the Town. Mr.
Hughes presented several schematic design concepts for discussion, and the Town
Council responded with their preferences. No further action was taken.
13. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
13a. Section 551.087 – To discuss and consider economic development
incentives.
13b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
The Town Council recessed into Executive Session at 8:59 p.m.
14. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:25 p.m. Mayor Smith,
Councilmember Andres, Councilmember Miller, and Councilmember Hodges took their
seats at the Council bench.
Councilmember Miller made a motion and Deputy Mayor Pro-Tem Dixon seconded the
motion authorizing the Town Manager to execute an amendment to an agreement with
HillCo Partners. The motion was approved by a vote of 4-0.
Mayor Pro-Tem Vogelsang and Deputy Mayor Pro-Tem Dixon took their seats at the
Council bench.
15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
This item was not discussed.
16. Adjourn.
Item 5a
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The meeting was adjourned at 9:26 p.m., on Tuesday, March 26, 2019.
These minutes approved on the 9th day of April 2019.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
Page 1 of 1
To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 9, 2019
Agenda Item:
Consider and act upon the appointment of a Town of Prosper representative to the Board of
Directors of the Upper Trinity Regional Water District.
Description of Agenda Item:
The Upper Trinity Regional Water District (UTRWD) is a conservation district, created by the State
of Texas in 1989 to provide towns, cities, and utilities with a long-term water supply. UTRWD is
authorized to provide water, wastewater, solid waste, and storm water services.
The boundaries of UTRWD include all of Denton County, plus some portions of Collin and Dallas
counties. The District is composed of 25 member entities (21 cities and towns, 1 utility authority,
and 3 special districts). The District is governed by a Board of Directors appointed by the
governing bodies of Denton County and the District’s member entities. Denton County appoints
two Directors and each member entity, including Prosper, appoints one Director. Each Director
is appointed for a four-year term.
Frank Jaromin, the Town’s Public Works Director, has been Prosper’s representative on the
UTRWD Board of Directors since 2015. Mr. Jaromin’s term will expire on May 31, 2019, and he
has expressed his willingness to continue to serve on the UTRWD Board of Directors.
Town Staff Recommendation:
Town staff recommends the Town Council appoint a Town of Prosper representative to the Board
of Directors of the Upper Trinity Regional Water District.
Proposed Motion:
I move to appoint Frank Jaromin as the Town of Prosper representative to the Board of Directors
of the Upper Trinity Regional Water District.
Prosper is a place where everyone matters.
TOWN SECRETARY’S
OFFICE
Item 5b
Page 1 of 2
To: Mayor and Town Council
From: Kelly Neal, CGFO, CPM, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 9, 2019
Agenda Item:
Consider and act upon an ordinance extending franchise granted to CoServ Gas, LTD., its
successors and assigns, to construct, maintain, and operate pipelines and equipment in the Town
of Prosper, Collin and Denton Counties, Texas, for the transporting, delivery, sale, and distribution
of gas in, out of, and through said Town for all purposes; providing a savings clause; providing a
severability clause; providing an effective date.
Description of Agenda Item:
The initial Franchise agreement with CoServ Gas, LTD and the Town of Prosper was adopted in
1998. This original franchise agreement provided for an initial term of five years, and expired on
June 15, 2003. The proposed ordinance will extend the original franchise agreement with the
following updated language and provisions:
•The franchise fees paid to the Town will increase from 2% to 4%.
•The term of this franchise agreement will be ten years.
•The liability and indemnification language has been updated to current legal standards.
Current Franchise Agreements
Franchisee Utility Rate Effective
CoServ Electric 4% 12/13/2016
OnCor Electric 3.476% 7/10/2018
Atmos Gas 5% 9/10/2002
CoServ Gas 2% 8/11/1998
CWD Solid Waste 5% 2/1/2019
Budget Impact:
The Town received franchise fee payments of $51,909.48 for 2016, $63,358.42 for 2017, and
$84,354.90 for 2018. The proposed ordinance sets the franchise fee amount at 4% of gross
sales. Finance projects future franchise fee payments to be $162,000 a year.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and
legality.
Prosper is a place where everyone matters.
FINANCE DEPARTMENT
Item 5c
Page 2 of 2
Attached Documents:
1. Ordinance
2. Original Ordinance No. 98-14
Town Staff Recommendation:
Town staff recommends approval of an ordinance extending franchise granted to CoServ Gas,
LTD., its successors and assigns, to construct, maintain, and operate pipelines and equipment in
the Town of Prosper, Collin and Denton Counties, Texas, for the transporting, delivery, sale, and
distribution of gas in, out of, and through said Town for all purposes; providing a savings clause;
providing a severability clause; providing an effective date.
Proposed Motion:
I move to adopt an ordinance extending franchise granted to CoServ Gas, LTD., its successors
and assigns, to construct, maintain, and operate pipelines and equipment in the Town of Prosper,
Collin and Denton Counties, Texas, for the transporting, delivery, sale, and distribution of gas in,
out of, and through said Town for all purposes; providing a savings clause; providing a severability
clause; providing an effective date.
Item 5c
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING ORDINANCE NO. 98-14 TO EXTEND THE TERM OF THE
FRANCHISE GRANTED TO COSERV GAS, LTD., ITS SUCCESSORS AND
ASSIGNS, TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND
EQUIPMENT IN THE TOWN OF PROSPER, COLLIN AND DENTON COUNTIES,
TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION
OF GAS IN, OUT OF, AND THROUGH SAID TOWN FOR ALL PURPOSES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 11, 1998, the Town Council of the Town of Prosper, Texas (the
“Town”), passed, approved, and adopted Ordinance No. 98-14 (“Ordinance No. 98-14”) granting
to CoServ Gas, Ltd. a franchise to use and occupy the present and future streets, alleys,
highways, public places, public thoroughfares, and grounds of Town, for the purpose of laying,
maintaining, constructing, protecting, operating, and replacing therein and thereon pipelines and
all other appurtenant equipment to deliver, transport, and distribute gas in, out of, and through
Town for persons, firms, and corporations, including all the general public, and to sell g as to
persons, firms, and corporations, including all the general public, within the Town corporate limits
(collectively, the “Franchise”); and
WHEREAS, Ordinance No. 98-14 provided for an initial term of five (5) years, such term
having expired on June 15, 2003; and
WHEREAS, the term of Ordinance No. 98-14 has not been previously extended; and
WHEREAS, CoServ Gas, Ltd., d/b/a CoServ Gas, a Texas limited partnership (the
“Company”), has requested that (i) the term of Ordinance No. 98-14 be revived and extended for
a period ending on December 31, 2028, (ii) any use of the Franchise between June 15, 2003, and
present be fully ratified as if at all times occurring under the terms of Ordinance No. 98-14, and
(iii) the Franchise have the same terms and conditions as the franchise granted by Ordinance No.
98-14; and
WHEREAS, the Town has requested that the amount of the franchise fee payable by the
Company be increased from two percent (2%) to four percent (4%).
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Effective for all purposes as of June 15, 2003, the term of Ordinance No. 98-14 is hereby
revived and extended until December 31, 2028, under the same terms and conditions as the
franchise granted by Ordinance No. 98-14, and as amended hereby, and any use of the Franchise
between June 15, 2003, and present is fully ratified as if at all times occurring under the terms of
Ordinance No. 98-14, as amended hereby.
Item 5c
Ordinance No. 19-__, Page 2
SECTION 2
Effective as of the Effective Date (defined below), Section 8 of Ordinance 98-14 is hereby
amended by substituting the phrase “four percent (4%)” for “two percent (2%)” where it appears
in the fourth (4th) line of said Section 8.
SECTION 3
All provisions of the Code of Ordinances of the Town of Prosper in conflict with the
provisions of this Ordinance or Ordinance No. 98-14 are hereby repealed, and all other provisions
of the Code of Ordinances of the Town of Prosper, not in conflict with the provisions of this
Ordinance or Ordinance 98-14, shall remain in full force and effect.
SECTION 4
It is the intention of the Town Council that this Ordinance, and every provision hereof, shall
be considered severable, and the invalidity or unconstitutionality of any section, clause, provision
or portion of this Ordinance shall not affect the validity or constitutionality of any other portion of
this Ordinance.
SECTION 5
This Ordinance shall become effective thirty (30) days after its passage and publication
as may be required (the “Effective Date”), providing Company has filed with the Town Secretary
its written acceptance of this Ordinance prior to the Effective Date, such written acceptance to be
in the form attached hereto as Exhibit A and incorporated herein by this reference.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ON THIS 9TH DAY OF APRIL, 2019.
____________________________
Ray Smith, Mayor
ATTEST:
______________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
______________________________________
Terrence S. Welch, Town Attorney
Item 5c
EXHIBIT A
CoServ Acceptance of Franchise Extension Ordinance
[DATE]
Town of Prosper, Texas
200 S. Main St.
Prosper, Texas 75078
Attention: Town Manager
RE: CoServ Gas Franchise; Ordinance No.______________
This letter certifies that CoServ Gas, Ltd., d/b/a CoServ Gas, accepts and agrees to be
contractually bound by the terms and conditions of Ordinance No. _________, a copy of which
is attached hereto as Exhibit A.
COSERV GAS, LTD., d/b/a COSERV GAS
By: CoServ Natural, L.L.C., its general partner
By: ____________________________________
Name: ____________________________________
Title: ____________________________________
Item 5c
I
ORDINANCE NO: 9 8—14
AN ORDINANCE GRANTING TO COSERV GAS, Ltd., AN AFFILIATE OF
DENTON COUNTY ELECTRIC COOPERATIVE, INC., A TEXAS CORPORATION,
ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN,
AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF PROSPER,
COLLIN COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND
DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY FOR ALL
PURPOSES;PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE
USE OF THE PUBLIC RIGHTS-OF-WAYS; AND PROVIDING THAT SUCH FEE
SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD
VALOREM TAXES.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PROSPER,TEXAS:
SECTION I: That the City of Prosper, Texas, hereinafter called"City," hereby grants to CoSery
Gas, Ltd., an affiliate of DENTON COUNTY ELECTRIC COOPERATIVE, INC., hereinafter called
Company," its successors and assigns, consent to use and occupy the present and future streets, alleys,
highways, public places, public thoroughfares, and grounds of City, hereinafter referred to as "Public
Rights-of-Way," for the purpose of laying, maintaining, constructing, protecting, operating, and replacing
therein-and thereon pipelines and all other appurtenant equipment to deliver, transport, and distribute gas
Y in,out of, and through City for persons, firms, and corporations, including all the general public, and to sell
gas to persons, firms, and corporations, including all the general public,within the City corporate limits, as
such limits maxbe amen d om time to time during the term of this ordinance, said consent being granted
for a term of -
4'
ears from and after the effective date of this ordinance.
SECTION 2: Company shall lay, maintain, construct, operate, and replace its pipes, mains,
laterals, and other equipment to minimize interference with traffic and shall promptly clean up and restore
to approximate original condition all Public Rights-of-Way which it may disturb. When Company makes,
or causes to be made, excavations, or places, or causes to be placed, obstructions in any Public Rights-of-
Way, Company shall place, erect, and maintain barriers and lights to identify the location of such
excavations or obstructions.In determining the location of Company's pipeline within City, Company shall
minimize interference with then existing underground structures of City or other utility franchisees.
Likewise, in determining the location of the facilities of the City and other utility franchisees within City,
City shall minimize interference with then existing facilities of Company and shall require other utility
franchisees to minimize interference with existing facilities of Company. In the event of a conflict between
the location of the facilities of Company and the location of the facilities of City or other utility franchisees
within Public Rights-of-Way that cannot otherwise be resolved, City or an authorized agent of City shall
resolve the conflict and determine the location of the respective facilities. Company shall not be required to
obtain street cutting, street excavation or other special permits related to excavations in Public Rights-of-
Way in connection with Company's operations in Public Rights-of-Way.
When the Company is required by City to remove or relocate its mains, laterals, and other
facilities to accommodate construction of streets and alleys by City, and Company is eligible under federal,
state, county, local or other programs for reimbursement of costs and expenses incurred by
Franchise\June 9, 1998 1
Item 5c
Company as a result of such removal or relocation, and such reimbursement is required to be handled
through City, Company costs and expenses shall be included in any application by City for reimbursement,
if Company submits its cost and expense documentation to City prior to the filing of the application. City
shall provide reasonable notice to Company of the deadline for Company to submit documentation of the
costs and expenses of such relocation to City. If the Company is required by City to remove or relocate its
mains, laterals, or other facilities for any reason other than the construction of streets and alleys by City,
Company shall be entitled to reimbursement from City or others of the cost and expense of such removal or
relocation.
If City abandons any Public Right-of-Way in which Company has facilities, such abandonment
shall be conditioned on Company's right to maintain its use of the former Public Right-of-Way and on the
obligation of the party to whom the Public Right-of-Way is abandoned reimbursing Company for all
removal or relocation expenses if Company agrees to the removal or relocation of its facilities following
abandonment of the Public Right-of-Way. If the party to whom the Public Right-of-Way is abandoned
requests the Company to remove or relocate its facilities and Company agrees to such removal or
relocation, such removal or relocation shall be done within a reasonable time at the expense of the party
requesting the removal or relocation. If relocation cannot practically be made to another Public Right-of-
Way,the expense of any right-of-way acquisition shall be considered a relocation expense to be reimbursed
by the party requesting the relocation.
SECTION 3: In the event of injury to any person or damage to any property by reason of
Company's construction, operation, maintenance, or replacement of Company's pipeline system within
Public Rights-of-Way, Company shall indemnify and keep harmless City from any and all liability in
connection therewith, except to the extent such injury or damage is attributable to City's negligent act or
omission. In the event of injury to any person or damage to any property by reason of City's construction,
operation, or maintenance of the Public Rights-of-Way and facilities of City within the Public Rights-of-
Way, City shall indemnify and keep harmless Company from any and all liability in connection therewith,
except to the extent such injury or damage is attributable to Company's negligent act or omission.
SECTION 4: In addition to the rates charged for gas supplied, Company may make and enforce
reasonable charges, rules and regulations for service rendered in the conduct of its business, including a
charge for services rendered in the inauguration of natural gas service. Company may require, before
furnishing service, the execution of a contract for such service. Company shall have the right to contract
with each customer with reference to the installation of, and payment for, any and all of the gas piping from
the connection thereof with the Company's main in the Public Rights-of-Way to and throughout the
customer's premises. Company shall own, operate and maintain all service lines, which are defined as the
supply lines extending from the Company's main to the customer s meter where gas is measured by
Company. The customer shall own, operate, and maintain all yard lines and house piping. Yard lines are
defined as the supply lines extending from the point of connection with Company's customer meter to the
point of connection with customer's house piping.
SECTION 5: Company shall be required, at its own expense, to extend distribution mains in any
Public Rights-of-Way up to one hundred feet(100')for any one residential customer only if such customer,
at a minimum, uses gas for unsupplemented space heating and water heating. Company shall not be
required to extend transmission mains in any Public Rights-of-Way within City or to make a tap
Franchise\June 9, 1998 2
Item 5c
on any transmission main within City unless Company agrees to such extension by a written agreement
between Company and a customer.
SECTION 6: Company shall be entitled to require from each and every customer of gas, before
gas service is commenced or reinstated, a deposit in an amount calculated pursuant to the Company's
Quality of Service Rules as may be in effect during the term of this franchise. Said deposit shall be retained
and refunded in accordance with such Quality of Service Rules and shall bear interest, as provided in Tex.
Rev. Civ. Stat.Ann. art. 1440a as it may be amended from time to time. Company shall be entitled to apply
said deposit, with accrued interest, to any indebtedness owed Company by the customer making the
deposit.
SECTION 7: The rights, privileges, and franchises granted by this ordinance are not to be
considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges,
rights, and franchises as it may see fit to any other person or corporation for the purpose of transporting,
delivering, distributing, or selling gas to and for City and the inhabitants thereof. Provided,however, in the
event City grants franchise conditions to another gas franchisee that are more favorable to such gas
franchisee than the terms of this franchise are to Company, City shall approve amendments to this franchise
that provide Company with the same favorable terms to be effective on the effective date of the franchise
granted to such other gas franchisee.
SECTION 8: Company, its successors and assigns, agrees to pay and City agrees to accept,on or
before the 1st day of March, 1999, and on or before the same day of each,ssuuc.ceeding year during the life of
this franchise the last payment being made on the 1st day of March, 9
D
of money which shall be
equivalent to two percent (2%) of the gross receipts received by Company from the sale of gas to its
residential and commercial customers within the corporate limits of said City(expressly excluding receipts
from governmental accounts and receipts from other classes of customers in said City)during the preceding
calendar year, which annual payments shall be for the rights and privileges herein granted to Company,
including expressly, without limitation, the right to use the Public Rights-of-Way of City. The initial
payment for the rights and privileges herein provided shall be for the period January 1 through December
31, 1999 and each succeeding payment shall be for the calendar year in which the payment is made. And it
is also expressly agreed that the aforesaid payments shall be in lieu of any and all other and additional
occupation taxes, easement, franchise taxes or charges (whether levied as an ad valorem, special, or other
character of tax or charge),municipal license, permit, and inspection fees, bonds, street taxes, and street or
alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of
whatsoever kind and character which City may now impose or hereafter levy and collect from Company or
Company's agents,excepting only the usual general or special ad valorem taxes which City is authorized to
levy and impose upon real and personal property. Should City not have the legal power to agree that the
payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or
charges, easement or franchise taxes or charges aforesaid, then City agrees that it will apply so much of
said sums of money paid as may be necessary to satisfy Company's obligations, if any, to pay any such
taxes,licenses, charges,fees,rentals,easement or franchise taxes or charges aforesaid.
Company agrees that on the same date that payments are made, as provided in this Section 8, it
will file with the City Secretary a report showing the gross receipts received by the Company from the sale
of gas to its residential and commercial customers within City during the calendar year preceding the date
Franchise\June 9, 1998 3
Item 5c
of payment. City may, if it sees fit, have the books and records of Company examined by a representative
of City to ascertain the correctness of the reports agreed to be filed herein.
SECTION 9: In order to accept this franchise, Company must file with the City Secretary its
written acceptance of this franchise ordinance after its final passage and approval by City. If written
acceptance of this franchise ordinance is not filed by Company after its final passage and approval by said
City,the franchise ordinance shall be rendered null and void.
SECTION 10: If Company accepts this ordinance, by the filing of its written acceptance, this
ordinance shall become effective on June 15, 1998.
PASSED AND APPROVED on this the I (t day of ul LLS.4 ,A.D. 1998
ATTEST:
City ecreta Mayor
City of Prosper,Texas
Franchise\June 9, 1998 4
Item 5c
STATE OF TEXAS
COUNTY OF COLLIN
CITY OF PROSPER
I, h t r ky S 1)City Secretary of the City of Prosper,Collin
County, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance
passed by the City Commission of the City of Prosper, Texas, at a re.5 u,la r session, held
on the I I .. day of A Lt 3 ems_ 4 1998, as it
appears of record in the Minutes in Book, ,page 6 .
WITNESS MY HAND AND SEAL OF SAID CITY,this the 1 I
day of p Uj A.D. 1998
City ecretary
City of Prosper,Texas
Franchise\June 9, 1998 5
Item 5c
EXTRACT FROM THE MINUTES OF
THE CITY COMMISSION OF THE CITY OF PROSPER,TEXAS
j
The CITY COMMISSION of the City of Prosper,Collin County, Texas, convened in
rCr3 Cc.,la-v session on the l I day of AjL u_5--I
1998,at 2;`0'OA.M.,with the following persons pr ent:
YMayor: L
CITY COMMISSION Members:
31: ni LL 0 ra i r r
La rrif Tr _ery
3- v - PIN iitLLps
0_kar1e..s isW2(1..3e_r
Absent:
A quorum being present, came on to be read and considered Ordinance No. Qg - 14-
granting to CoSery Gas Company, an affiliate of DENTON COUNTY ELECTRIC COOPERATIVE, a
Texas corporation,a franchise to furnish and supply natural gas to the general public in the City of Prosper,
Texas, for the transporting, delivery, sale and distribution of gas in, out of, and through said municipality
for all purposes. On motion made by ; )a r' e-)- 1' h ,( i p S and seconded
by Larry Try c.e.y which carried unanimously, the CITY
COMMISSION voted the passage of the Ordinance and to record same at length in these minutes.
Franchise\June 9, 1998 6
Item 5c
STATE OF TEXAS
COUNTY OF COLLIN
CITY OF PROSPER
I, I, ` r l y ejic5 h , City Secretary of the City of Prosper, Texas, do
hereby certify that the above and foregoing is a true and correct copy of the proceedings of the City
Commission of the City of Prosper, Texas, at a r e 9 L.t_1 a r session, held on the j
day of 4 , 1998, in connection with the passage and adoption of Ordinance No.
granting a franchise to CoSery Gas Company and that the same is of record in Book
Page of the Minutes of the City Commission.
WITNESS MY HAND AND SEAL OF SAID CITY,this the day
of A wQ u A.D. 1998
J
City ecretary
City of Prosper,Texas
Franchise\June 9, 1998 7
Item 5c
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 9, 2019
Agenda Item:
Consider and act upon an ordinance amending Section 12.09.003, "Speed Limits on Specific
Streets," of Chapter 12 "Traffic and Vehicles," of the Town's Code of Ordinances by modifying the
prima facie speed limit on US 380 (University Drive).
Description of Agenda Item:
The Texas Department of Transportation (TxDOT) completed a speed study on US 380 from Coit
Road east through the City of McKinney using sound engineering practices. While TxDOT
completed the speed study, local communities must adopt the speed limits by ordinance to become
effective. This approval must be based on the results of an engineering and traffic investigation.
These recommendations are based on the speed at which 85% of the drivers do not exceed. This
is the standard for reasonable and prudent drivers in normal conditions, and is the industry standard
for speed zoning. Staff is recommending that the posted speed limit for US 380 (University Drive)
be changed as follows:
Existing (to be deleted):
•US 380: FM 1385 to Red Bud Drive – 60 mph
•US 380: Red Bud Drive to FM 2478 – 55 mph
Proposed (to be added)
•US 380: FM 1385 to Coit Road – 60 mph
•US 380: Coit Road to 1,500 feet west of FM 2478 (Custer Road) – 65 mph
US 380: 1,500 feet west of FM 2478 (Custer Road) to FM 2478 (Custer Road) – 60 mph
TxDOT also completed a speed study on US 380 from Coit Road west to Loop 288, except for the
construction zone in Prosper. Once traffic conditions stabilize, the construction zone limits will be
evaluated and the final results of the speed studies provided to the Town of Prosper. These studies
may reveal a need to further modify the speed limit ordinance from FM 1385 to Coit Road.
Budget Impact:
There is no impact since TxDOT will complete the sign installations.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Item 5d
Page 2 of 2
Attached Documents:
1. Ordinance
2. Speed Study Results within Town of Prosper
Town Staff Recommendation:
Town staff recommends that the Town Council approve an ordinance amending Section 12.09.003,
"Speed Limits on Specific Streets," of Chapter 12 "Traffic and Vehicles," of the Town's Code of
Ordinances to modify the prima facie speed limit on US 380 (University Drive).
Proposed Motion:
I move to approve an ordinance amending Section 12.09.003, "Speed Limits on Specific Streets," of
Chapter 12 "Traffic and Vehicles," of the Town's Code of Ordinances to modify the prima facie speed
limit on US 380 (University Drive).
Item 5d
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 12.09.003, “SPEED LIMITS ON SPECIFIC STREETS,” OF
CHAPTER 12, “TRAFFIC AND VEHICLES,” OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER BY MODIFYING THE PRIMA
FACIE SPEED LIMITS ON US 380 (UNIVERSITY DRIVE) WITHIN THE TOWN
OF PROSPER; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, Section 545.356 of the Texas Transportation Code provides that the
governing body of a municipality may alter prima facie speed limits by ordinance based on the
results of an engineering and traffic investigation; and
WHEREAS, Texas Department of Transportation has investigated the speed limits on US
380 (University Drive) within the corporate limits of the Town and has determined that modifying
the prima facie speed limit on US 380 (University Drive) is in the best interests of the Town and
its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
Existing Section 12.09.003, “Speed Limits on Specific Streets,” of Chapter 12, “Traffic and
Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by
modifying the prima facie speed limit on US 380 (University Drive), to read as follows:
“Sec. 12.09.003 Speed Limits on Specific Streets
A person shall not operate a vehicle upon a public street or highway listed in this section at a
speed greater than established by this section, with the limits established being prima facie
evidence that the speed is not reasonable and prudent and that the speed is unlawful. The
following maximum speed limits are established:
Item 5d
Ordinance No. 19-__, Page 2
State Highways
Highway Limits
Speed
Limit
(MPH)
US 380
(University Drive) FM 1385 to Coit Road 60
US 380
(University Drive) Coit Road to 1,500 feet west of FM 2478 (Custer Road) 65
US 380
(University Drive)
1,500 feet west of FM 2478 (Custer Road) to FM 2478 (Custer
Road) 60
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense.
SECTION 6
This Ordinance shall become effective after its passage and publication, as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 9TH DAY OF APRIL, 2019
APPROVED:
___________________________________
Ray Smith, Mayor
Item 5d
Ordinance No. 19-__, Page 3
ATTEST:
____________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________________
Terrence S. Welch, Town Attorney
Item 5d
Item 5d
Item 5d
Page 1 of 3
To: Mayor and Town Council
From: Pete Anaya, P.E., Assistant Director of Engineering Services – Capital Projects
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 9, 2019
Agenda Item:
Consider and act upon approving a list of qualified firms to provide professional engineering and
related services to the Town of Prosper.
Description of Agenda Item:
On February 13, 2019, at 2:00 p.m., one hundred ninety-one responses were received in response
to RFQ No. 2019-01-B for Various Engineering Services for the Town of Prosper. Responses were
divided into eight categories based on specialties within the engineering industry. These categories
were roadway design, water/sewer design, drainage design, program and/or project management
support, traffic engineering, topographical and property surveying, geotechnical and material testing,
and construction management and/or inspection support.
A review committee consisting of representatives from Engineering and Public Works evaluated
each response based on the following criteria: ability to meet the Town's needs, similar experience,
professional qualifications, and references. The following list identifies the firms that were
determined to be the most highly qualified in each category:
Roadway Design
•Cobb, Fendley & Associates
•CP&Y, Inc.
•Freese and Nichols, Inc.
•Garver, LLC
•Halff Associates, Inc.
•Hayden Consultants
•Huitt-Zollars, Inc.
•Kimley-Horn and Associates, Inc.
•Lockwood, Andrews & Newnam, Inc.
•Nathan D. Maier Consulting Engineers, Inc.
•Spiars Engineering, Inc.
•Teague Nall and Perkins, Inc.
•Walter P. Moore and Associates, Inc.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Item 5e
Page 2 of 3
Water/Sewer Design
• BGE, Inc.
• Freese and Nichols, Inc.
• Halff Associates, Inc.
• Huitt-Zollars, Inc.
• Kimley-Horn and Associates, Inc.
• KSA Engineers Inc.
• Lockwood, Andrews & Newnam, Inc.
Drainage Design
• Freese and Nichols, Inc.
• Garver, LLC
• Huitt-Zollars, Inc.
• Lockwood, Andrews & Newnam, Inc.
• Wier & Associates, Inc.
Program and/or Project Management Support
• BGE, Inc.
• Cobb, Fendley & Associates
• Freese and Nichols, Inc.
• Huitt-Zollars, Inc.
• Lockwood, Andrews & Newnam, Inc.
Traffic Engineering
• Garver, LLC
• Kimley-Horn and Associates, Inc.
• Lee Engineering, LLC
• Maldonado-Burkett, LLP
• Stantec Consulting Services Inc.
Topographical & Property Survey
• CP&Y, Inc.
• Kimley-Horn and Associates, Inc.
• Nathan D. Maier Consulting Engineers, Inc.
• Spiars Engineering, Inc.
• Teague Nall and Perkins, Inc.
Geotechnical & Material Testing
• Alliance Geotechnical Group, Inc.
• D&S Engineering Labs, LLC
• ECS Southwest, LLP
• Professional Service Industries, Inc. (Intertek-PSI)
• Reed Engineering Group, Ltd.
Construction Management and/or Inspection Support
• BGE, Inc.
• Freese and Nichols, Inc.
• Halff Associates, Inc.
• Huitt-Zollars, Inc.
• Nathan D. Maier Consulting Engineers, Inc.
Item 5e
Page 3 of 3
This list of qualified firms will remain in effect for a period of three years. Approval of this list does
not authorize the award of a contract for professional engineering or related services, nor does it
guarantee that a contract will be awarded to any individual firm on the list. As the need arises,
individual contracts will be negotiated with qualified firms from this list and awarded in accordance
with the Town's purchasing policies.
Attached Documents:
1. SOQ Qualified Firms List
Town Staff Recommendation:
Town staff recommends Town Council approve the list of qualified firms to provide professional
engineering and related services to the Town of Prosper.
Proposed Motion:
I move to approve the list of qualified firms to provide professional engineering and related services
to the Town of Prosper.
Item 5e
Town of Prosper Qualified Firms List for Various Engineering Services Effective April 9, 2019 through April 8, 2022
The Town has selected the most highly qualified firms for each major category of work. This list of qualified firms will
remain in effect for a period of three years. Approval of this list does not authorize the award of an agreement for
professional engineering or related services, nor does it guarantee that an agreement will be awarded to any individual
firm on the list.
A firm selected for one major category of work shall not be prohibited from performing incidental work related to another
work category. As specific projects or tasks arise, the Town will select one of the firms from the category list determined
to be the most highly qualified to perform the services necessary for the specific project or task and negotiate an
agreement. Upon successful negotiations, a Professional Services Agreement or a Master Services Agreement for
Traffic Engineering only, will be developed and executed by both parties, contingent upon the appropriate approval by
the Town. Roadway Design
• Cobb, Fendley & Associates
• CP&Y, Inc.
• Freese and Nichols, Inc.
• Garver, LLC
• Halff Associates, Inc.
• Hayden Consultants
• Huitt-Zollars, Inc.
• Kimley-Horn and Associates, Inc.
• Lockwood, Andrews & Newnam, Inc.
• Nathan D. Maier Consulting Engineers, Inc.
• Spiars Engineering, Inc.
• Teague Nall and Perkins, Inc.
• Walter P. Moore and Associates, Inc. Water/Sewer Design
• BGE, Inc.
• Freese and Nichols, Inc.
• Halff Associates, Inc.
• Huitt-Zollars, Inc.
• Kimley-Horn and Associates, Inc.
• KSA Engineers Inc.
• Lockwood, Andrews & Newnam, Inc.
Drainage Design
• Freese and Nichols, Inc.
• Garver, LLC
• Huitt-Zollars, Inc.
• Lockwood, Andrews & Newnam, Inc.
• Wier & Associates, Inc.
Program and/or Project Management Support
• BGE, Inc.
• Cobb, Fendley & Associates
• Freese and Nichols, Inc.
• Huitt-Zollars, Inc.
• Lockwood, Andrews & Newnam, Inc.
Item 5e
Traffic Engineering
• Garver, LLC
• Kimley-Horn and Associates, Inc.
• Lee Engineering, LLC
• Maldonado-Burkett, LLP
• Stantec Consulting Services Inc.
Topographical and Property Survey
• CP&Y, Inc.
• Kimley-Horn and Associates, Inc.
• Nathan D. Maier Consulting Engineers, Inc.
• Spiars Engineering, Inc.
• Teague Nall and Perkins, Inc.
Geotechnical Engineering and Material Testing
• Alliance Geotechnical Group, Inc.
• D&S Engineering Labs, LLC
• ECS Southwest, LLP
• Professional Service Industries, Inc. (Intertek-PSI)
• Reed Engineering Group, Ltd.
Construction Management and/or Inspection Support
• BGE, Inc.
• Freese and Nichols, Inc.
• Halff Associates, Inc.
• Huitt-Zollars, Inc.
• Nathan D. Maier Consulting Engineers, Inc.
Item 5e
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 9, 2019
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use
Plan from Medium Density Single Family to Retail & Neighborhood Services, generally located
on the north side of Fishtrap Road, west of Legacy Drive. (CA19-0001). [Companion Cases
Z19-0002 and MD18-0003]
Description of Agenda Item:
The applicant has requested this item be tabled and the Public Hearing continued to the April
23, 2019, Town Council meeting, as outlined in the attached letter.
Attached Documents:
1.Tabling Request Letter
Town Staff Recommendation:
Town staff recommends this item be tabled and the Public Hearing continued to the April 23,
2019, Town Council meeting.
Proposed Motion:
I move to table this item and continue the Public Hearing to the April 23, 2019, Town Council
meeting.
Prosper is a place where everyone matters.
PLANNING
Item 5f
March 28, 2019
Mr. Alex Glushko
Town of Prosper
200 S. Main Street
Prosper, TX 75078
Re: Z19-0002 & CA 19-0001 – Table Request
Dear Alex,
As the owner, applicant and/or representative of the Zoning Case Z19-0002 and
Future Land Use Plan Amendment CA 19-0001, I hereby request that the case be
tabled until the April 23, 2019 Town Council meeting.
Should you have any questions, please feel free to contact me.
Sincerely,
Claymoore Engineering, Inc.
Matt Moore
Item 5f
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 9, 2019
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 9.1± acres from
Agricultural (A) to Office (O), located on the north side of Fishtrap Road, west of Legacy Drive.
(Z19-0002). [Companion Case CA19-0001]
Description of Agenda Item:
The applicant has requested this item be tabled and the Public Hearing continued to the April
23, 2019, Town Council meeting, as outlined in the attached letter.
Attached Documents:
1.Tabling Request Letter
Town Staff Recommendation:
Town staff recommends this item be tabled and the Public Hearing continued to the April 23,
2019, Town Council meeting.
Proposed Motion:
I move to table this item and continue the Public Hearing to the April 23, 2019, Town Council
meeting.
Prosper is a place where everyone matters.
PLANNING
Item 5g
March 28, 2019
Mr. Alex Glushko
Town of Prosper
200 S. Main Street
Prosper, TX 75078
Re: Z19-0002 & CA 19-0001 – Table Request
Dear Alex,
As the owner, applicant and/or representative of the Zoning Case Z19-0002 and
Future Land Use Plan Amendment CA 19-0001, I hereby request that the case be
tabled until the April 23, 2019 Town Council meeting.
Should you have any questions, please feel free to contact me.
Sincerely,
Claymoore Engineering, Inc.
Matt Moore
Item 5g
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 9, 2019
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any Site Plan or Preliminary Site Plan.
Description of Agenda Item:
Attached are the Site Plans that were acted on by the Planning & Zoning Commission at their
April 2, 2019, meeting. Per the 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.Site Plan for the Fishtrap Road Elevated Storage Tank
2.Site Plan for the Public Works Antenna
Attachment Summary:
Project Name Type Location
Building
Size
Existing/
Proposed Uses
Known
Tenant(s)
Town of Prosper
Elevated Storage
Tank
Site
Plan
North side of
Fishtrap Road,
east of Teel
Parkway
N/A Elevated Storage
Tank
N/A
Town of Prosper
Public Works
Antenna
Site
Plan
South of
Fishtrap Road,
east of FM 1385
N/A Public Works
Antenna
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 5h
SCALE:PROJECT #:DATE:SHEET:
TOWN OF PROSPER
BID NO. 2018-78-B
SITE PLAN
CASE NO. D19-0007
PROSPER FISHTRAP ELEVATED STORAGE TANK
AS SHOWN 3/12/2019 1 OF 1PRP17369
PROJECT
LOCATION
LOCATION MAP
NTS
111955 01/14/2019ON DATE:TEXAS NO:
DOCUMENT ISSUED FOR REGULATORY REVIEW
THIS DOCUMENT IS RELEASED FOR THE PURPOSE
OF PLANNING AND ZONING REVIEW UNDER THE
AUTHORITY OF: MICHAEL R. HAGEN, P.E.
03/22/2019
Item 5h
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Page 1 of 5
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 9, 2019
Agenda Item:
Consider and act upon request for Alternative Fencing Materials for eight (8) lots in Lakes of La
Cima, Phase 7C, to allow for wooden fencing adjacent to open space and a hike & bike trail, in
lieu of ornamental metal. (MD19-0003).
History:
At the March 26, 2019, Town Council meeting, this item was tabled.
Description of Agenda Item:
The Development Services Department received a request from Gallery Homes to permit
wooden fencing in lieu of the required ornamental metal fencing on eight (8) lots in La Cima,
Phase 7C which, are adjacent to open space and a hike & bike trail, as shown below.
Prosper is a place where everyone matters.
PLANNING
Item 7
Page 2 of 5
On September 8, 2015, Town Council approved an amendment to Section 3.19.001 of the
Fence Regulations requiring the following:
(j) Open fencing requirements. Fences adjacent to public or private open space,
public or private parks, or hike & bike trails shall be ornamental metal, tubular
steel or split rail with a minimum 50% through vision.
…
(m) Alternate Materials. The Town Council may approve alternate materials for
fences and low walls. An application for Town Council consideration of an
alternate fence or low wall material shall be submitted on a form supplied by the
Department of Development Services.
The requirement for open fencing adjacent to open space was part of a comprehensive package of
amendments to residential development standards. Open spaces integrated into neighborhoods are
an asset to the community and to the adjacent homeowners. Open fencing prevents a “canyon
effect” and provides for greater visibility of the open space/trails. As noted during the amendment
process in 2015, it is common practice to utilize open fencing adjacent to open spaces and trails in
other communities.
The properties requesting the alternative fencing and details are below:
Address Existing Fencing Proposed Fencing
1500 Sweetwater Ln None Wooden
1501 Sweetwater Ln None Wooden
1450 Mountain Creek Ln Ornamental Metal Wooden
1501 Mountain Creek Ln None Wooden
580 Hords Creek Dr None Wooden
590 Hords Creek Dr None Wooden
600 Hords Creek Dr Wooden (not constructed per approved plans) Wooden
610 Hords Creek Dr None Wooden
Looking South at La Cima, Phase 7C (left) and Willow Ridge, Phase 2 (right)
Item 7
Page 3 of 5
Looking South at La Cima, Phases 2 & 4 (left) and Willow Ridge, Phase 2 (right)
Looking South at 580 & 590 Hords Creek Lane
Item 7
Page 4 of 5
Looking North at 600 & 610 Hords Creek Lane
(existing rear wood fence at 600 Hords Creek Lane not constructed per approved building plan)
Looking South at 1450 & 1501 Mountain Creek Lane
(existing ornamental metal fencing constructed per approved building plans)
Item 7
Page 5 of 5
The applicant has provided a letter detailing the basis for the request.
Attachments:
1. Aerial Map
2. Alternate Fencing Plat Exhibit
3. Request Letter
Town Staff Recommendation:
Town staff recommends the Town Council consider the request for alternate fencing.
Proposed Motion:
I move to ________ (approve/deny) the request for wooden fencing adjacent to an open space
and hike & bike trail at 1500 and 1501 Sweetwater Lane, 1450 and 1501 Mountain Creek Lane,
and 580, 590, 600, and 610 Hords Creek Lane.
Item 7
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Item 7
Item 7
To Prosper City Council,
Gallery Custom Homes is requesting a variance to Article 3.19 of the Town’s Code of Ordinances, for an
alternate material to be used on areas of the fences that are adjacent to the green belt in Lakes of La
Cima Phase 7C.
The addresses that Gallery Custom Homes is requesting the use of an alternate material for fencing on
the rear of ; 580, 590, 600 Hords Creek, 610 Hords Creek, Lot 48 Block B, will offer both the rear and
south side of the lot. On the Cul-de-sac lots, 1450 and 1501 Mountain Creek, 1500 and 1501
Sweetwater, the request is for the West side yards, not to exceed 5’ from the front elevation of the
homes. Any additional fencing spanning across the Cul-de-sac lots along the West property boundary
will be constructed in accordance to the existing Prosper codes. The current ordinance, effective on
October 7, 2015, states that the fencing “adjacent to public or private open space” shall consist of
“ornamental metal, tubular steel or split rail.” Gallery Custom Homes is requesting permission to be able
to offer our customers, as an option, a pre-stained 6’ board on board cedar fence with top cap and rail,
in areas that are adjacent to the greenbelt, public or private open space.
The justification for the approval for this variance request is that the majority of the lots that are backing
to open space spanning from Kiowa Drive to First Street. The open area is adjacent to Lakes of La Cima
Phases 2, 4 and 7C(Exhibit 1, 2, and 3 respectfully) . Also, Willow Ridge Phases 1, 2 and 3(Exhibit 4, 5 and
6 respectfully) all back to this area as well. Out of 44 lots that back to the open space, other than La
Cima 7C, only 8 lots have wrought iron fencing. In addition, the builders of those homes in Willow Ridge
Phase 3 and La Cima Phase 2, offered the choice of wrought iron or standard 6’ fencing to the customers
and 8 selected the wrought iron. There have been numerous fence replacements on the 44 lots that
back up to this open space and all of them have gone back with wood fence. To require Gallery Homes
to only be able to install Wrought Iron fencing or any of the other fences listed in Article 3.19, is
unreasonable. Allowing the buyer to have an option of the 6’ Board On Board fence or 6’ Wrought Iron
fence is a reasonable request and is consistent to the all of the other lots that back to the open space.
Thank you,
Bill Durham
Area Manager
Gallery Custom Homes
Item 7