10.08.19 Town Council Regular Meeting Packet
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Prosper is a place where everyone matters.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Presentation of Certificates of Appreciation to former members of the Town’s Boards
and Commissions. (RB)
Discussion Items.
2. Discussion regarding the American Association of State Highway and Transportation
Officials (AASHTO) Green Book, and the Texas Manual on Uniform Traffic Control
Devices (TMUTCD). (HW)
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.
3. Consider and act upon the minutes from the September 24, 2019, Town Council
Meeting. (RB)
4. Consider and act upon approving the renewal of dental benefits with Cigna Dental;
and authorizing the Town Manager to execute the same for current and future renewal
periods. (KS)
5. Consider and act upon authorizing the Competitive Sealed Proposal (CSP)
procurement method for construction of the Old Town Regional Retention and Church
& Parvin Drainage Improvement projects. (PA)
6. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement for Geographic Information System (GIS) services between the Town of
Prosper and the City of Frisco. (AG)
7. Consider and act upon an ordinance abandoning a portion of Gee Road prescriptive
right-of-way, beginning approximately 1,250 feet north of US 380 to the intersection
with Fishtrap Road. (AG)
8. Consider and act upon authorizing the Town Manager to execute an Amended
Annexation Agreement between Prosper Meadows and the Town of Prosper, Texas,
regarding a 100.0± acre property, generally located on the south side of Parvin Road,
west of Legacy Road. (AG)
Agenda
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, October 08, 2019
5:45 PM
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9. 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)
Items for Individual Consideration:
10. Presentation of service plan and second Public Hearing to consider the voluntary
annexation of 6.8± acres, generally located 1,000± feet south of First Street, 4,000±
feet west of Custer Road. (A19-0001). (AG)
11. Consider and act upon an ordinance annexing 6.8± acres, generally located 1,000±
feet south of First Street, 4,000± feet west of Custer Road. (A19-0001). (AG)
12. Conduct a Public Hearing, and consider and act upon a request for a Sign Waiver to
allow for a temporary sign at St. Martin de Porres Catholic Church, located on the north
side of US 380, east of Windsong Parkway. (AG)
13. Consider and act upon an ordinance amending Ordinance No. 19-65 (FY 2019-2020
Budget). (CS)
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, please fill out a “Public Meeting Appearance Card” and present
it to the Town Secretary, preferably before the meeting begins. Pursuant to Section 551.007 of
the Texas Government Code, individuals wishing to address the Council for items listed as public
hearings will be recognized when the public hearing is opened. For individuals wishing to speak
on a non-public hearing item, they may either address the Council during the Citizen Comments
portion of the meeting or when the item is considered by the Town Council
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:
Section 551.087 – To discuss and consider economic development incentives.
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.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
14. Discussion regarding updates to the Thoroughfare Plan. (HW)
15. Town Council Tailgate Party. (RB)
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Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on
Friday, Octrober 4, 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.
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 Marcus E. Ray
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Town Secretary/Public Information Officer
Chuck Springer, Executive Director of Administrative Services
January Cook, Purchasing Agent
Paul Naughton, Landscape Architect
Kala Smith, Human Resources Director
Hulon Webb, Engineering Services Director
Pete Anaya, Assistant Director of Engineering Services – Capital Projects
John Webb, Development Services Director
Alex Glushko, Planning Manager
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Kent Bauer, Emergency Management Coordinator
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Police Chaplain Isaac Varela led the invocation. The Pledge of Allegiance and the Pledge to the
Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Miller read the following announcements:
The Town will host an informational Meet & Greet with the North Texas Tollway Authority (NTTA),
regarding the expansion of the Dallas North Tollway on Thursday, September 26, from 6:00-7:00
p.m. in Council Chambers. Town staff and NTTA will present information on the project, and will
be available to answer questions. The public is invited to attend.
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
200 S. Main Street, Prosper, Texas
Tuesday, September 24, 2019
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Item 3.
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On Tuesday, October 1, residents are encouraged to participate in National Night Out by spending
the evening outside visiting with neighbors and Prosper’s public safety personnel. This annual
event was created to heighten awareness, and strengthen participation in local anti-crime efforts.
Contact Officer Erin Hubbard for more information or to schedule a block party.
The deadline to register to vote in the November 5 election is October 7. Residents are
encouraged to make sure their voter registration is up to date. Contact the Collin County or
Denton County Election offices, or the Town website for more information.
The Mayor's Luncheon for Active Adults, age 55 and older, will be held on October 23 from 11:00
a.m.-1:00 p.m. Residents may contact Recreation Specialist Jonathan Weeks for more
information and to register by October 14.
Presentations.
1. Presentation of a Flag Certificate by members of the Edmund Terrell Chapter of
the Sons of the American Revolution. (RB)
Donald Babbs and T.L. Holden from the Edmund Terrell Chapter of the SAR presented
the Flag Certificate to the Town Council.
2. Presentation of a Proclamation to members of the Prosper Police and Fire
Departments declaring October 1, 2019, as National Night Out. (RB)
Mayor Smith presented the Proclamation to Chief Kowalski and Chief Blasingame.
AGENDA BRIEFING:
Questions About Items Listed on the Regular Meeting Agenda.
This item was not discussed.
Discussion Items.
3. Discussion on Downtown Empowerment Zones and Architectural
Standards. (JW)
Development Services Director John Webb briefed the Council on proposed updates
to the Town’s Neighborhood Empowerment Zone (NEZ) regulations. Town staff is
proposing to renew NEZ No. 1 for non-residential properties. The Town Attorney has
determined that residential properties do not meet the criteria to receive the NEZ
incentives; therefore, Town staff is proposing to repeal NEZ No. 2 for residential
properties. Property owners will be asked to sign a voluntary Development Agreement
to meet the Town’s development standards in order to receive incentives. Property
and sales tax incentives will be decided on a case-by-case basis. Town staff
recommended that NEZ No. 1 be expanded to include the NEZ No. 2 area, but limit
incentives to non-residential uses. Town Attorney Terry Welch explained the criteria
necessary to offer incentives to residential and non-residential properties according to
federal and state law. Town staff was directed to inform the Prosper Developers
Council (PDC) of the proposed changes. A proposed ordinance amending the
Neighborhood Empowerment Zones will be brought forward at a future Town Council
meeting.
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Item 3.
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4. Discussion on the Downtown Open Space. (DR)
Development Services Director John Webb updated the Council on the Downtown
Open Space project. Phase 1 of the Downtown Assessment included public meetings
and stakeholder meetings to determine preferred uses, architectural standards, and
open space areas that are appropriate for downtown. Mr. Webb introduced Mark
Bowers with Kimley-Horn, the Town’s consultant for the Downtown Open Space
project, who continued the presentation. Mr. Bowers discussed the functions and
benefits of designating open space in urban and downtown areas. Utilizing input from
the public, stakeholders, and staff, Mr. Bowers presented two downtown open space
scenarios for Council to consider. Scenario 1 creates open space in downtown by
leveraging properties currently owned by the Town and the Prosper Economic
Development Corporation (PEDC) to encourage adjacent development. Scenario 2
places an emphasis on parking, with Broadway and Main Street designated as festival
streets for downtown events. The goal for both scenarios is to use open space as a
catalyst for development in downtown.
The Council emphasized the importance of providing adequate parking in downtown,
and the connectivity and compatibility with the Blue Star property that will develop on
the south side of First Street. A public process should be utilized to identify appropriate
active and passive uses for open space in downtown, and to make sure the downtown
plan meets the desires of the residents. Consideration should also be given to the
larger parcels in downtown, such as the silos, the Oncor property, and the metal
buildings. Mr. Bowers noted that the scope of this particular project focused on publicly
owned property only, plus alleys and streets. The Council noted the importance of
strategically acquiring property in the downtown area to accommodate open space
and parking. Mr. Bowers stated that the next step in the process is to present the
scenarios to the PEDC, and to bring a preferred scenario back for consideration at a
future Town Council meeting.
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.
5. Consider and act upon the minutes from the September 5, 2019, Special Called
Tow n Council Meeting. (RB)
6. Consider and act upon the minutes from the September 10, 2019, Town Council
Meeting. (RB)
8. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement between the North Central Texas Emergency Communication
District and the Town of Prosper for regional 9-1-1 service. (DK)
9. Consider and act upon Resolution 19-73 of the Town Council of the Town of
Prosper, Texas, authorizing the Town to submit a grant application to the Office
of the Governor (OOG) for Prosper Police Department SWAT equipment
enhancement grant. (KB)
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Item 3.
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10. Consider and act upon authorizing the Town Manager to execute a Second
Amended Annexation Agreement between OM Frontier Estates, LLC. and the
Town of Prosper, Texas, regarding a 22.05± acre property, generally located on
the south side of Frontier Parkway, west of Custer Road. (AG)
11. Consider and act upon authorizing the Town Manager to execute a Second
Amended Annexation Agreement between Harold and Maureen Patin and the
Town of Prosper, Texas, regarding a 10.59± acre property, generally located on
the south side of Prosper Trail, west of Custer Road. (AG)
12. Consider and act upon authorizing the Town Manager to execute a Second
Amended Annexation Agreement between Y-C Nurseries, Inc. and the Town of
Prosper, Texas, regarding a 12.38± acre property, generally located on the north
side of US 380, west of Dallas Parkway. (AG)
13. Consider and act upon Ordinance No. 19-69 rezoning 11.0± acres from Planned
Development-65 (PD-65) to Planned Development-98 (PD-98), located on the
south side of future Prairie Drive, west of future Mahard Drive, to facilitate the
development of a Retirement Housing Complex, consisting of one (1) and three
(3) story buildings. (Z19-0005). (AG)
14. Consider and act upon Ordinance No. 19-70 rezoning 5.7± acres from Planned
Development-65 (PD-65) to Office (O), located on the southwest corner of future
Prairie Drive and Mahard Parkway. (Z19-0006). (AG)
15. Consider and act upon Ordinance No. 19-71 rezoning 16.1± acres of Planned
Development-43 (PD-43) and Specific Use Permit-9 (SUP-9), and 3.3± acres of
Planned Development-65 (PD-65) to Planned Development (PD-99), located on
the northwest corner of Mahard Parkway and US 380, to facilitate the
development of a Major Automotive Repair Facility (Toyota/Penske). (Z19-0007).
(AG)
16. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Prosper Villages at Legacy, LLC, and the Town of Prosper,
Texas, related to the Prosper Center development. (AG)
17. 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)
Councilmember Ray removed Item 7 from the Consent Agenda.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Andres seconded
the motion to approve all remaining items on the Consent Agenda. The motion was
approved by a vote of 7-0.
7. Receive the July Financial Report. (CS)
Chuck Springer, Executive Director of Administrative Services, responded to
questions regarding building permit revenue, noting that although permit revenue has
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Item 3.
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been lower than projected over the past several months, overall revenue in the general
fund is on target for the fiscal year. Additionally, expenditures for inspection services
to Bureau Veritas will be lower than projected, which will help balance the permit
revenue shortfall. In FY 2019-2020, the Town expects to have three large permitting
projects which will cause an increase in overall permit revenue and expenditures.
After discussion, Councilmember Ray made a motion and Mayor Pro-Tem Vogelsang
seconded the motion to approve Item 7. The motion was approved by a vote of 7-0.
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, please fill out a “Public Meeting Appearance Card” and
present it to the Town Secretary, preferably before the meeting begins. Pursuant to
Section 551.007 of the Texas Government Code, individuals wishing to address the
Council for items listed as public hearings will be recognized when the public hearing is
opened. For individuals wishing to speak on a non-public hearing item, they may either
address the Council during the Citizen Comments portion of the meeting or when the item
is considered by the Town Council.
Items for Individual Consideration:
18. Presentation of service plan and first Public Hearing to consider the voluntary
annexation of 6.8± acres, generally located 1,000± feet south of First Street,
4,000± feet west of Custer Road. (A19-0001). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. In
2014, the Town extended the five-year Annexation Agreement with the property
owner, who at that time, was Glen Miller. In October 2018, the property was sold to
Prosper ISD. In August, Prosper ISD submitted a petition to have the property
voluntarily annexed by the Town, indicating an intent to develop the subject proper ty
as a high school. This is the first of two required Public Hearings; the second Public
Hearing is scheduled for October 8, 2019. Following that Public Hearing, the Town
Council will consider an ordinance completing the annexation process.
Mr. Glushko responded to a question from the Council, stating that Prosper ISD will
be required to develop any infrastructure necessary for the development of the
property, or dedicate it to the Town.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
No further action was taken.
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Item 3.
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19. Conduct a Public Hearing, and consider and act upon a request to rezone 0.2±
acres from Downtown Office (DTO) to Planned Development-Downtown Office
(PD-DTO), located on the northeast corner of Church Street and Second Street,
to allow for the development of an Assisted Living Facility. (Z19-0013). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
purpose of this request is to allow for development of an assisted living facility. The
project consists of a proposed one-story, 5,467 square-foot building, containing
fourteen beds. There will be a maximum of three employees. The applicant is
proposing to construct a total of ten parking spaces; four of which will be located on-
site and six of which will be located on-street and available to the public, as well as
assisted living clientele. The parking has been designed to meet the Town standards,
and will allow for a shared driveway off of Second Street when the property adjacent
to the east redevelops as Downtown Office in the future. Mr. Glushko reviewed the
proposed modifications to the base Downtown Office (DTO) district, as requested by
the applicant. The Council discussed the proposed reduction in setback. Fire Chief
Blasingame noted that the Fire Department is requiring 10 feet of clearance on all
sides of the building to allow appropriate emergency access. The Council expressed
a concern with the parking on the east side of the building. The applicants noted that
the parking on the east side would most likely be used for staff, and not the public.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
After discussion, Councilmember Ray made a motion and Councilmember Miller
seconded the motion to approve the request to rezone 0.2± acres from Downtown
Office (DTO) to Planned Development-Downtown Office (PD-DTO), located on the
northeast corner of Church Street and Second Street, subject to approval of a
Development Agreement by Town Council, including building elevations consistent
with proposed Exhibit F. The motion was approved by a vote of 7-0.
20. Consider and act upon a resolution of the Town Council of the Town of Prosper,
Texas, accepting grant funds from the U.S. Department of Homeland Security
for grant funding under the 2016 Staffing for Adequate Fire and Emergency
Response (SAFER) grant program to create six (6) new, paid, full time, firefighter
positions (SB)
Fire Chief Blasingame presented this item before the Town Council. The Town was
recently awarded the SAFER grant from the U.S. Department of Homeland Security,
which will provide $919,257.60 over the next three fiscal years. The grant will fund a
significant portion of the initial cost of hiring six new staff members for the Fire
Department, allowing the Town to provide the highest level of fire protection to
residents, homeowners and businesses.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the
motion to approve Resolution 19-72 accepting the FEMA SAFER grant award for FY
2020-2022. The motion was approved by a vote of 7-0.
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Item 3.
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21. Discussion of Amendments to the FY 2019-2020 Budget. (CS)
Chuck Springer, Executive Director of Administrative Services, presented this item
before the Town Council. The FY 2019-2020 Budget was adopted on September 10,
2019. At that time, Town staff was directed to bring forward the following items for
discussion regarding potential amendments to the FY 2019-2020 Adopted Budget that
include:
Addition of 6 Firefighter positions
Town compensation study and timing of market adjustments
Supplemental request for a Fire Brush Truck replacement
Town Health Insurance Trust Fund costs and market comparisons
Mr. Springer presented information on the six firefighter positions that are being added
to the budget as a result of the Town being awared the SAFER grant. He then provided
information on the proposed compensation increase, and the cost difference between
implementing the increase in its entirety in FY 2019-2020, rather than phasing it in
over three years. Fire Chief Blasingame provided additional information on the request
for a fire brush truck to replace an existing brush truck, which needs extensive repairs.
Mr. Springer indicated that approval of the brush truck would necessitate an
adjustment to the Vehicle and Equipment Replacement (VERF) fund, since the truck
would be replaced sooner than planned.
Lance Pendley with McGriff, Seibels and Williams, the Town’s benefits consultant,
provided information on the Town’s health insurance trust fund costs, and market
comparisons for employee medical and pharmacy benefits. The Council discussed
the Town’s plan design, including the health savings account offered to employees,
and the per employee/per month (PEPM) cost for claims compared to other
municipalities, which is lower than average. Kala Smith, the Town’s Human
Resources Director, briefed the Council on information given to the Town’s Employee
Engagement Committee. The Committee had no concerns with the recommendation
provided by the benefits consultant and the Council Benefits Subcommittee.
Mr. Springer responded to concerns from the Council on the total amount budgeted
for Professional Services in FY 2019-2020, which exceed the total amount of
discretionary requests submitted by Town staff. Mr. Springer provided several
examples of expenditures that are categorized as Professional Services across all
Town departments, noting that the services and costs vary significantly among
departments.
After discussion, the Town Council directed staff to amend the budget to include the
SAFER grant funding for six new firefighter positions; to provide the tot al proposed
compensation market adjustment in FY 2019-2020, rather than phasing it in over three
years; and to approve the supplemental request for the fire brush truck, including an
adjustment to the VERF fund designating a lifespan for the truck as ten years, rather
than fifteen years.
Deputy Mayor Pro-Tem Dixon left the Council bench at 8:59 p.m.
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Item 3.
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22. Consider and act upon awarding RFP No. 2019-63-A for ASO Medical and
Captive Benefits to UMR, Inc., a subsidiary of United Healthcare, effective
January 1, 2020, and authorizing the Town Manager to execute all documents
for the same. (KS)
23. Consider and act upon awarding RFP No. 2019-61-A for Pharmacy Benefits
Management Services to ProAct, Inc.; and authorizing the Town Manager to
execute all documents for the same. (KS)
Mayor Smith opened Items 22 and 23 concurrently.
Human Resources Director Kala Smith introduced Lance Pendley with McGriff,
Seibels and Williams, the Town’s benefits consultant, who presented both items before
the Town Council. Mr. Pendley reviewed the proposals for employee medical and
pharmacy benefits for FY 2019-2020. After reviewing the results with the Council
Benefits Subcommittee and Town staff, Mr. Pendley recommended the Town select
UMR, a subsidiary of United Healthcare, for employee medical benefits, and ProAct,
Inc., for employee pharmacy benefits.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember
Hodges seconded the motion to award RFP No. 2019-63-A for ASO Medical and
Captive Benefits to UMR, Inc., a subsidiary of United Healthcare, effective January 1,
2020, and authorize the Town Manager to execute all documents for the same. The
motion was approved by a vote of 6-0.
Councilmember Hodges made a motion and Councilmember Andres seconded the
motion to award RFP No. 2019-61-A for Pharmacy Benefits Management Services to
ProAct Rx, Inc., and authorize the Town Manager to execute all documents for the
same. The motion was approved by a vote of 6-0.
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:
Section 551.087 – To discuss and consider economic development incentives.
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.
Section 551.071 – Consultation with the Town Attorney relative to plat approval
in accordance with Chapter 212 of the Texas Local Government Code.
The Town Council recessed into Executive Session at 9:15 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 10:15 p.m. All Councilmembers took their
seats at the Council bench. No action was taken as a result of the Closed Session.
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Item 3.
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Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
24. Discuss Development and Infrastructure Fees. (JW/HW)
This item was not discussed.
25. Discussion on Agenda Format. (RB)
Town Secretary/PIO Robyn Battle requested feedback from the Council on the
meeting agenda format, particularly regarding the Agenda Briefing portion of the
meeting. The Town Council expressed a preference to remove the Questions about
Items on the Regular Agenda section of the meeting, but to keep the Discussion Items
section at the beginning of the meeting. The meetings will continue to start at 5:45
p.m.
Councilmember Ray directed Town staff to investigate placing additional monitors in
Council Chambers so the audience can better view the PowerPoint presentations.
Councilmember Hodges requested additional information on the sight lines at Town
intersections. More information will be brought forward at a future Town Council
meeting.
Adjourn.
The meeting was adjourned at 10:21 p.m. on Tuesday, September 24, 2019.
These minutes approved on the 8th day of October 2019.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
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Item 3.
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HUMAN RESOURCES
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Kala Smith, Director of Human Resources
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 8, 2019
Agenda Item:
Consider and act upon approving the renewal of dental benefits with Cigna Dental; and
authorizing the Town Manager to execute the same for current and future renewal periods.
Description of Agenda Item:
On November 14, 2017, the Town Council approved awarding RFP #2018-06-A for dental
services to Cigna Dental. The RFP for dental services was initiated as a result of a proposed 16%
renewal rate increase, $21,741.12 over FY 2016-2017 rates, offered by the prior carrier, Delta
Dental. The agreement with Cigna Dental included an initial two-year rate guarantee which ends
on December 31, 2019. The Town wishes to exercise the first of two renewal options allowed
under the terms and conditions of the RFP. The renewal for FY 2019-2020 reflects a 5% rate
increase, $8,738.28 over FY 2018-2019 rates. The renewal includes a second optional renewal
with an additional guaranteed rate cap of 7.5% for calendar year 2021.
Budget Impact:
The Town’s FY 2019-2020 budgeted costs for the dental plan is included in the Town’s Health
Trust Fund. Subsequent annual expenditures will be subject to appropriations granted in future
fiscal years.
Attached Documents:
1. Cigna Healthcare Dental Rate Confirmation
2. Dental Renewal Analysis
Town Staff Recommendation:
Town staff recommends approving the renewal of dental benefits with Cigna Dental effective
January 1, 2020, and authorizing the Town Manager to execute the same for current and future
renewal periods.
Proposed Motion:
I move to approve the renewal of dental benefits with Cigna Dental effective January 1, 2020, and
authorize the Town Manager to execute the same for current and future renewal periods.
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Item 4.
Cigna Healthcare
Town of Prosper Employee Benefits Trust
Effective Date: January 01, 2020
Current Renewal
Cigna Rates
Choice Employee $38.98 $40.93
DPPO -High Plan Emp + Spouse $91.42 $95.99
Emp + Child(ren) $112.96 $118.61
Emp + Family $164.49 $172.71
Choice Employee $32.40 $34.02
DPPO Low Plan Emp + Spouse $68.67 $72.10
Emp + Child(ren) $78.02 $81.92
Emp + Family $118.14 $124.05
**Includes 7.5% rate cap on the renewal increase for 1-1-21 thru 12-31-21 plan year.
DENTAL RATE CONFIRMATION
Approved and Accepted this_______Day of_________________________2019
Signature________________________________________________________
Title:___________________________________________________________
Account #: 3341420 9/10/2019 9:03 AMPage 14
Item 4.
Town of Prosper
Dental Renewal Analysis
Effective Date: 1/1/2020
Page: 1
Network
Deductible
Ded Waived for Preventive
Diagnostic/Preventive
Restorative/Basic
Major
Endodontics and Periodontics
Waiting Period
Calendar Year Maximum
R&C Percentage
Orthodontia
Orthodontia Coverage
Orthodontia Maximum
Participation Requirement
Rate Guarantee
Negotiated Renewal
Dental Rates Opt 1 Opt2 Current Rates Renewal Rates Current Rates Renewal Rates
Employee Only 56 28 $32.40 $34.02 $38.98 $40.93
Employee + Spouse 17 6 $68.67 $72.10 $91.42 $95.99
Employee + Child(ren)23 10 $78.02 $81.92 $112.96 $118.61
Employee + Family 26 24 $118.14 $124.05 $164.49 $172.71
Monthly Total 122 68 $7,847.89 $8,240.28 $6,717.32 $7,053.12
Annual Total $94,174.68 $98,883.36 $80,607.84 $84,637.44
Combined Annual Total - Current
Combined Annual Total- Renewal
Total $ Difference over Current
Total Percent over Current
1 years - Until 12/31/20
$50 Individual
$150 Family
$50 Individual
$150 Family
Yes Yes
Benefits
Cigna
Basic Plan
Current / Renewal Plan
Cigna
Buy Up Plan
Current / Renewal Plan
100%100%
80%80%
50%50%
90%
N/A
50%
Major Basic
None None
$1,500 $2,000
Total Cigna DPPO
Year 2 - Rate cap 7.5% (plan year 1/1/21 - 12/31/21)
Notes: Cigna HealthCare is pleased to present this Proposal for a Fully Insured Non-Participating group Dental benefit plan (the ''Plan'')
sponsored by Town of Prosper Employee Benefits Trust. This proposal is valid for 60 days from its original date of release, 06/17/2019. Any
revisions or updates to this proposal will not renew this valid timeframe unless expressly communicated by Cigna HealthCare.
5.00%
$8,738.28
$183,520.80
$174,782.52
Adult and Child
$2,000
Keep current participation Keep current participation
90%
Page 15
Item 4.
Page 1 of 1
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 – October 8, 2019
Agenda Item:
Consider and act upon authorizing the Competitive Sealed Proposal (CSP) procurement method
for construction of the Old Town Regional Retention and Church & Parvin Drainage Improvement
projects.
Description of Agenda Item:
The construction of the Old Town Regional Retention project requires the construction of a levee
to impound storm water to create a retention pond. The construction of the levee is considered a
specialized type of construction. This is an alternative procurement method by which a
governmental entity may request proposals and pricing information based on the scope of work
provided, and then award the project to the contractor that offers the best value proposal based
on a set of criteria. The Town intends to use the following evaluation criteria:
Contractor and Subcontractor experience with similar projects (20%)
Qualifications and experience of key personnel (10%)
Proposed project timeline (10%)
References (10%)
Cost Proposal (50%)
Town Staff Recommendation:
Town staff recommends the Town Council approve the Competitive Sealed Proposal (CSP)
procurement method for construction of the Old Town Regional Retention and Church & Parvin
Drainage Improvement projects.
Proposed Motion:
I move to approve the Competitive Sealed Proposal (CSP) procurement method for construction
of the Old Town Regional Retention and Church & Parvin Drainage Improvement projects.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 16
Item 5.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 8, 2019
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for
Geographic Information System (GIS) services between the Town of Prosper and the City of
Frisco.
Description of Agenda Item:
Since 2003, the Town of Prosper has contracted with the City of Frisco for the provision of
GIS services to the Town. The current Interlocal Agreement (ILA) with Frisco expired on
September 30, 2019. The attached ILA with Frisco provides existing GIS services through
September 30, 2020. A Statement of Work is attached to the ILA.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government
Code, Chapter 791, to enter into joint contracts and agreements for the performance of
governmental functions and services, including administrative functions normally associated
with the operation of government.
Frisco is tentatively scheduled to consider this ILA at their Regular City Council meeting on
October 15, 2019.
Budget Impact:
Approval of this agreement obligates the Town to pay Frisco $80,000 divided into four (4)
equal quarterly payments for the provision of GIS services. In FY 2018-2019 the cost of GIS
services was $61,000; however, as noted in the supplemental budget request, the increased
cost of service is to account for the following:
Maintenance and security of interactive mapping applications;
Increase for map and map book services (removed during FY 2018-2019)
Prosper is a place where everyone matters.
PLANNING
Page 17
Item 6.
Page 2 of 2
Server infrastructure cost increases;
Adjustment for third party data conversion service cost increase; and
Annual cost increase including adjustment of percentage.
This amount was approved by Council with adoption of the FY 2019-2020 budget in 100-5410-
40-03 Professional Services.
Legal Obligations and Review:
The ILA was previously prepared by the City of Frisco; Terrence Welch of Brown & Hofmeister,
L.L.P., has previously approved the ILA as to form and legality.
Attached Documents:
1. Interlocal agreement
2. Statement of work
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute an
Interlocal Agreement for GIS services between the Town of Prosper and the City of Frisco.
Proposed Motion:
I move to authorize the Town Manager to execute an Interlocal Agreement for Geographic
Information System (GIS) Services between the Town of Prosper and the City of Frisco.
Page 18
Item 6.
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF FRISCO, TEXAS
AND THE TOWN OF PROSPER, TEXAS
(Geographic Information Systems Services)
THIS AGREEMENT (the “Agreement”), made and entered into this _____ day of October,
2019, by and between the CITY OF FRISCO, TEXAS (“Frisco”), a municipal corporation, and
the TOWN OF PROSPER (“Prosper”), a municipal corporation.
WHEREAS, Frisco has investigated and determined that it would be advantageous and
beneficial to Frisco and its citizens to provide Geographic Information System (“GIS”) services to
Prosper; and
WHEREAS, Prosper has investigated and determined that it would be beneficial to Prosper
and its citizens to employ Frisco for the purpose of providing GIS services for Prosper; and
WHEREAS, Prosper has investigated and determined that GIS services will be used to
develop and maintain a database and materials that will be beneficial in attracting future economic
development to Prosper; and
WHEREAS, Prosper has investigated and determined that Frisco has adequate personnel
and equipment to provide the necessary GIS services; and
WHEREAS, Prosper has investigated and determined that obtaining GIS services from
Frisco, as set forth below, will be the most efficient use of funds for GIS services; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code
(the “Act”), provides the authority to political subdivisions for contracts by and between each other
to facilitate the governmental functions and services of said political subdivisions under the terms
of the Act.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Frisco and Prosper agree as follows:
1. Obligations of Prosper.
Prosper will provide to Frisco the materials included in the Statement of Work, attached hereto
as Exhibit “A” and incorporated herein for all purposes, in accordance with the project
schedule included in Exhibit “A”.
2. Obligations of Frisco.
A. Frisco will provide the GIS services outlined in Exhibit “A” in accordance with the project
schedule included in Exhibit “A”.
Page 19
Item 6.
B. The electronic data created by Frisco as outlined in Exhibit “A” will be the property of
Prosper and Frisco and shall be provided to Prosper periodically upon written request
and/or upon termination of this agreement.
3. Compensation. Prosper shall pay to Frisco $80,000.00 as compensation for the GIS services
provided to Prosper in accordance with this Agreement. The compensation shall be divided
into four (4) quarterly equal payments.
4. Term/Termination. The term of this Agreement shall commence on the date established
above and shall continue in effect until September 30, 2020. It is the intent of both parties to
extend this agreement through the 2020-2021 fiscal year. At the time of execution of this
agreement, the statement of work for Fiscal Year 2020-2021 had not been determined, nor had
the compensation for such work been calculated. Prior to the termination of this agreement,
the parties shall complete the determination of the Fiscal Year 2020-2021 statement of work
and the compensation calculations for such work and negotiate an extension to this agreement
to September 30, 2021. Similar extensions shall be negotiated near the termination of each
fiscal year until such time as either party desires to terminate the agreement.
5. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be
delivered, whether or not actually received, when deposited in the United States Mail, postage
pre-paid, certified mail, return receipt requested, addressed to either party, as the case may be,
at the addresses contained below:
City: City of Frisco
Attn: City Manager
6101 Frisco Square Blvd
Frisco, Texas 75034
Town: Town of Prosper
Attn: Town Manager
P.O. Box 307
Prosper, TX 75078
6. Miscellaneous.
A. Assignment. This Agreement is not assignable without the prior written consent of the
Parties.
B. Entire Agreement. This Agreement contains the entire agreement of the parties with
respect to the matters contained herein and may not be modified or terminated except upon
the provisions hereof or by the mutual written agreement of the parties hereto.
C. Venue. This Agreement shall be construed in accordance with the laws of the State of
Texas and shall be performable in Collin County, Texas.
Page 20
Item 6.
D. Consideration. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is forever confessed.
E. Counterparts. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes.
F. Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this
Agreement to do so for and on behalf of the party for which his or her signature appears,
that there are no other parties or entities required to execute this Agreement in order for the
same to be an authorized and binding agreement on the party for whom the individual is
signing this Agreement and that each individual affixing his or her signature hereto is
authorized to do so, and such authorization is valid and effective on the date hereof.
G. Savings/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
H. Representations. Each signatory represents this Agreement has been read by the party for
which this Agreement is executed and that such party has had an opportunity to confer with
its counsel.
I. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by
all parties hereto. The language of all parts of this Agreement shall be construed as a whole
according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
J. Pursuit of a Governmental Function. Both Frisco and Prosper have determined by their
execution of this Agreement that this Agreement and the obligations of the parties
contained herein are in discharge of a governmental function as set forth in the Interlocal
Cooperation, Chapter 791, Texas Government Code, and the participation by either party
in the terms of this Agreement shall not make such party an agent or representative of the
other party.
K. Sovereign Immunity. The parties agree that neither Frisco nor Prosper has waived its
sovereign immunity by entering into and performing their respective obligations under this
Agreement.
L. Binding Agreement. This Agreement shall be binding upon and shall inure to the benefit
of the parties hereto and their respective successors and assigns. No third party shall have
any rights herein.
Page 21
Item 6.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
THE CITY OF FRISCO, TEXAS
By: ________________________ Date: ___________
Name: ______________________
Title: _______________________
THE TOWN OF PROSPER
By: ________________________ Date: ___________
Name:______________________
Title: _______________________
Page 22
Item 6.
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
____________________________ known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for the TOWN OF PROSPER, TEXAS, and he/she executed said instrument for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of __________,
2019.
_______________________________________
Notary Public in and for the
State of Texas
My Commission Expires:
_______________________________________
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
_________________________, known to me to be one of the persons whose names are subscribed
to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized
representative for the CITY OF FRISCO, TEXAS, and he/she executed said instrument for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____day of ___________,
2019.
_______________________________________
Notary Public in and for the
State of Texas
My Commission Expires:
_______________________________________
Page 23
Item 6.
Page 1
EXHIBIT A
Statement of Work
GIS Services for Town of Prosper
City of Frisco, GIS
FY20
Introduction
This Statement of Work sets forth requirements of the City of Frisco (Frisco) to provide GIS
Services to the Town of Prosper (Prosper) for the implementation of work, including the
maintenance of GIS Layers, maintenance of Web-based Applications, and third-party
cooperatives.
Contacts
In support of GIS Services to be performed:
Frisco shall designate the GIS Manager as the sole point of contact for all requests. The
GIS Manager will assign tasks to Frisco staff accordingly.
Prosper shall designate Planning/GIS Analyst as the sole point of contact for all requests.
Planning/GIS Analyst and GIS Manager will work in conjunction with appropriate staff
and act as liaisons for their respective entities.
When appropriate, Planning/GIS Analyst and/or GIS Manager will hand off
communication to internal staff for continued correspondence.
Work To Be Performed
Create/Maintain GIS Layers
Prosper has requested the following data layers/groups be created and/or maintained:
1. Abandoned Sanitary Sewer*
2. Abandoned Water*
3. Abstracts†
4. Address Grid†
5. Address Points
6. Annexation
7. Annexation Agreements
8. Bridges*
9. Contours†
10. County Lines†
11. Current Aerials†
12. Current Land Use†
13. Developer Agreements
14. Franchise Electric Providers*†
15. Elevation Models†
16. ETJ
17. FEMA†
18. Fire Map Book Grid†
19. Future Land Use Plan†
20. Franchise Natural Gas Providers*†
21. Hike & Bike Trails
22. Historical Aerials†
23. Hunting Layer
24. Limited Purpose Annexations
25. Parcel
26. Parks
27. Ponds & Lakes
28. Pre-Construction Parcels
29. Pre-Construction Roads
30. Public Facilities
31. Roads
32. Sanitary Sewer*
33. School Districts†
34. Schools
35. Sex Offender Free Zones
36. Special Districts
Page 24
Item 6.
Page 2
37. Storm*
38. Streams†
39. Subdivision
40. Thoroughfare Plan†
41. Town Limits
42. Warning Sirens
43. Wastewater CIP*†
44. Water CIP*†
45. Water*
46. Wet/Dry Alcohol Sales
47. Zip Codes
48. Zoning
*Denotes sensitive layer that will not be available for public viewing
†Denotes sourced data not maintained by Frisco
In order to maintain the layers, Prosper will provide Frisco with:
1. Approved Final Plats, Re-plats, Conveyance Plats, Amending Plats and Site Plans in both
PDF and AutoCAD formats;
2. PDF and AutoCAD (verified to be inclusive of all relevant data) construction documents
and as built drawings in accordance with the guidelines set within the “Non-governmental
Cooperatives” section of this document;
3. Zoning and Specific Use Permit legal description boundaries and/or adopted ordinances,
with an average of three (3) per month; and
4. Annexation legal description boundaries and/or adopted ordinances, with an average of
two (2) per month.
Create Semi-annual Maps
Frisco will create and deliver pdf files of the following maps up to twice per year upon request:
Map Size (in) Scale
Aerial 30 x 78 1 in = 750 ft
Aerial Prosper ISD 42 x 84 1 in = 750 ft
Annexation* 16.5 x 39 1 in = 1500 ft
Annexation* 30 x 78 1 in = 750 ft
Hunting 16.5 x 39 1 in = 1500 ft
Sex Offender 16.5 x 39 1 in = 1500 ft
Streets and Subdivisions 25 x 55.5 1 in = 1000 ft
Streets with Grid and Hydrants 42 x 92 1 in = 600 ft
Streets with Grid and No Hydrants 42 x 92 1 in = 600 ft
Thoroughfare Plan* 16.5 x 39 1 in = 1500 ft
Wet/Dry* 16.5 x 39 1 in = 1500 ft
Zoning 16.5 x 39 1 in = 1500 ft
Zoning 24 x 58 1 in = 1000 ft
Zoning 30 x 78 1 in = 750 ft
Fire Map Book 8 x 11 1 in = 500 ft
* Maps whose creation could be transitioned to Prosper, which if executed Frisco would provide up to 4-
hours of support and training at no additional cost.
Maintain Web-based Applications
Frisco will maintain two (2) online mapping applications; one (1) for internal/staff access and use
only, which will contain the noted sensitive layers, and one (1) for external/public access and use,
Page 25
Item 6.
Page 3
which will not contain the noted sensitive layers. The average maintenance shall not exceed 10-
hours per month.
Prosper may provide Frisco up to twelve (12) layers (maximum of one per month) to be uploaded
to the interactive maps, provide the layers (including schema, required fields, field aliases, and
symbology) are created and maintained by Prosper.
Inter-agency Cooperatives
Frisco will work with the following governmental agencies on Prosper’s behalf to fulfill GIS data
requests: Collin County, Denton County, Collin Central Appraisal District (CCAD), Denton
Central Appraisal District (DCAD), the US Census Bureau, and the North Central Texas Council
of Governments (NCTCOG).
Non-governmental Cooperatives
Frisco will work with the following entities supporting Prosper’s GIS efforts: NewEdge Services
and Esri. No other entities or integrations will be taken on as part of this Statement of Work.
Frisco will provide data exports of all requested GIS layers on a monthly basis for use by Town
Staff and New Edge Services for Cityworks integration.
Frisco will use the existing processes and schema to continue providing monthly tax roll
information to Central Square for TRAKiT consumption.
Frisco will engage RAMTeCH Corporation for a continuation of the current data conversion
contract. Prosper will provide Frisco as built drawings, in both PDF and AutoCAD formats
(verified to include all relevant data), along with any GPS data collected, to be converted by
RAMTeCH within 2 weeks of receipt by Prosper; with annual direct data conversion costs not to
exceed $8,000. To maintain efficiencies, Frisco will be sending these plans to RAMTeCH in bulk
deliveries upon receipt of at least 6 plans or every 3 months whichever occurs first. There shall be
an annual maximum of twenty-five (25) project as built drawings provided from Prosper to Frisco
for data conversion by RAMTeCH, which does not include redundant deliveries for project as built
drawings with missing and/or inaccurate information. Any project rejected more than once for
missing and/or inaccurate information shall be counted as an additional project for the purposes of
the submittal tally.
In Support of Data Conversion
Prosper will:
Work with developers to ensure accurate and complete submittals
Provide Frisco with as built construction plans within two-weeks of receipt by Prosper
Frisco will:
Receive and process as built documents from Prosper including sending them to
RAMTeCH for data conversion
Provide quality control and subsequent correction and completion of converted data
received from RAMTeCH
Populate Prosper’s GIS geodatabase with the newest available data
Frisco will not:
Engage in conversations with developers or architectural and engineering firms on
Prosper’s behalf
Page 26
Item 6.
Page 4
Additional GIS Services
Any additional services beyond the scope of this agreement will be evaluated for acceptability by
Frisco & Prosper and if accepted will be charged according to the following pricing matrices:
Data conversion:
GIS Labor:
Task Employee Hourly Rate
Administrative Enterprise GIS Manager $200
AGO Admin Enterprise GIS Architect $180
Custom Sr Analyst/Developer $160
Advanced Analysis GIS Analyst II $140
Data Collection GIS Data Coordinator $120
Data Analysis Analyst I $110
Data Assembly Technician $90
UNIT Types of Data Unit Cost
Lots Parcels 1.25$
Lots Water 1.25$
Lots Sanitary Sewer 1.25$
Lots Storm Sewer 1.25$
LF Water CIP 0.12$
LF Sanitary Sewer CIP 0.12$
LF Storm Sewer CIP 0.12$
LF Reclaimed Water CIP 0.12$
Easement Easements 1.50$
Page 27
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 8, 2019
Agenda Item:
Consider and act upon an ordinance abandoning a portion of Gee Road prescriptive right-of-
way, beginning approximately 1,250 feet north of US 380 to the intersection with Fishtrap
Road.
Description of Agenda Item:
The purpose of this request is to abandon a portion of the approximate 60-foot-wide
prescriptive right-of-way for Gee Road, from approximately 1,250 feet north of US 380 to the
intersection with previous Fishtrap Road, for a total length of approximately 2,700 feet. Staff
initiated this request and has been working with VP Windsong Operations, LLC, developers
of Windsong Ranch, to abandon portions of prescriptive rights-of-way that have been platted
as phases of Windsong Ranch have developed. This is being done to insure that there are
no future issues involving the prescriptive right-of-way. Staff supports this request.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the
abandonment ordinance as to form and legality.
Attached Documents:
1. Location Map
2. Ordinance
3. Ordinance Exhibit A
Town Staff Recommendation:
Prosper is a place where everyone matters.
PLANNING
Page 28
Item 7.
Page 2 of 2
Staff recommends the Town Council approve the request to abandon a portion of Gee Road
prescriptive right-of-way, beginning approximately 1,250 feet north of US 380 to the
intersection with Fishtrap Road.
Proposed Motion:
I move to approve an ordinance abandoning a portion of Gee Road prescriptive right-of-way,
beginning approximately 1,250 feet north of US 380 to the intersection of previous Fishtrap
Road.
Page 29
Item 7.
FISH TRAP RD
GEE RDACACIA PKWY
BRISTLELEAF LN
AUTUMN SAGE DR WINDSONG PKWYROCKROSE DRAGAVE DRCROSSVINE DR
DESERT WILLOW DR
WOODBINE LN
YELLOWCRESS DRGOOD HOPE RDCASSIANO LNALTON DRDOLOROSA LN ANGELINA LNMILBY DR
BLUESTEM DRBELKNAP WAYROCKCRESS CT ALMEDA DRVERBENA WAY
PONDEROSA DRPERENNIAL WAY
PIANZOLA WAYGEE RD±0 500 1,000250Feet
Page 30
Item 7.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ABANDONING AND VACATING CERTAIN PRESCRIPTIVE RIGHT-
OF-WAY (GEE ROAD) AS REFLECTED ON EXHIBIT A; MAKING FINDINGS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”), is a duly organized political subdivision
and home-rule municipality of the State of Texas; and
WHEREAS, the Town obtained certain prescriptive right-of-way along a street (indicated
as Gee Road) beginning approximately 1,250 feet north of US 380 to the intersection of previous
Fishtrap Road as shown on Exhibit A, a copy of which is attached and is incorporated by
reference; and
WHEREAS, Exhibit A reflects an approximately 60-foot (60’) wide prescriptive right-of-
way (or street), approximately 2,700 feet in length, as indicated above, and the property upon
which the right-of-way (or street) is located has never been dedicated to the Town; and
WHEREAS, since the prescriptive right-of-way (or street) is no longer utilized as such, the
Town has determined that the approximately 60’ prescriptive right-of-way (or street) should be
abandoned and vacated, and that any and all rights that the Town may have in the prescriptive
right-of-way (or street) should be released to the adjacent property owner, which abandonment
and vacation the Town Council has determined is in furtherance of the public health, safety and
welfare of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, the Town’s prescriptive right-of-way
(or street) and any and all rights and interests that the Town may have in such right-of-way (or
street), as set forth in the attached Exhibit A, are hereby abandoned and vacated by the Town,
and the Town hereby disclaims any interest in the right-of-way (or street).
SECTION 3
All ordinances, orders or resolutions heretofore passed and adopted by the Town Council
are hereby repealed to the extent that said ordinances, resolutions, or parts thereof, are in conflict
herewith.
Page 31
Item 7.
Ordinance No. 19-__, Page 2
SECTION 4
If any section, subsection, clause, phrase or provision of this Ordinance, or the application
thereof to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses,
phrases and provisions of this Ordinance, or the application thereof to any person or
circumstance, shall remain in full force and effect and shall in no way be affected, impaired or
invalidated, and the Town Council hereby declares that it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5
Effective Date. This Ordinance shall become effective from and after its adoption and
publication, as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 8TH DAY OF OCTOBER, 2019.
________________________________
Ray Smith, Mayor
ATTEST:
_____________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________
Terrence S. Welch, Town Attorney
Page 32
Item 7.
EXHIBIT A
GEE ROAD ABANDONMENT
Page 33
Item 7.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Tow n Council Meeting – October 8, 2019
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Amended Annexation
Agreement between Prosper Meadows and the Town of Prosper, Texas, regarding a 100.0±
acre property, generally located on the south side of Parvin Road, west of Legacy Road.
Description of Agenda Item:
In 2015, the Town entered into multiple five-year Annexation Agreements with the remaining
unincorporated properties within Denton County and in the Town’s Extraterritorial Jurisdiction
(ETJ). These agreements ensure that development will be in accordance with the Town’s
standards. The Town has offered to extend the agreement by offering an Amended
Annexation Agreement for an additional five (5) years. The subject property is eligible for a n
Amended Annexation Agreement, and the property owner has agreed to extend their
Agreement. It should be noted the original Annexation Agreement was with the previous
property owner, RH-TWO, LP. In May, 2019, the subject property was sold to Prosper
Meadows LP.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement
as to form and legality.
Attached Documents:
1. Annexation Agreement Exhibit
2. Amended Annexation Agreement
3. Exhibit A
4. 2015 Annexation Agreement
Prosper is a place where everyone matters.
PLANNING
Page 34
Item 8.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends the Town Council authorize the Town Manager to execute an
Amended Annexation Agreement between Prosper Meadows and the Town of Prosper,
Texas, regarding a 100.0± acre property, generally located on the south side of Parvin Road,
west of Legacy Road.
Proposed Motion:
I move to authorize the Town Manager to execute an Amended Annexation Agreement
between Prosper Meadows and the Town of Prosper, Texas, regarding a 100.0± acre
property, generally located on the south side of Parvin Road, west of Legacy Road.
Page 35
Item 8.
US 3 80US 3 80
FISH TRAP RD
FIRST S T COIT RDCUSTER RDFM 1385 COLEMAN STLEGACY DRDALLAS PKWYTEEL PKWYPRO SPER RD
GEE RDFRO NT IER P KW Y
Annexation Agreement Exhibit
¶
0 1 20.5
Miles
Town of Prosper
PRESTON RDLeg en d
Prosper M eado ws
Exe cute d Ag re ements
An nexation Process Instiga ted
Exten sion Accepted but Agre ement Not R eceive d
No Response to Extension Offer
ETJ
Page 36
Item 8.
014531.000005\4835-1308-2269.v1
AFTER RECORDING, RETURN TO:
Town of Prosper
P. O. Box 307
Prosper, Texas 75075
STATE OF TEXAS )
) AMENDED ANNEXATION AGREEMENT
COUNTY OF DENTON )
This AMENDED ANNEXATION AGREEMENT (“Agreement”) is made and entered
into as of this ___ day of October, 2019 (“Effective Date”), by and between the Town of Prosper,
Texas (“Town”), and Prosper Meadows LP, Vijay Borra, Kiranmai Yalamanchili, Ramana
Juvvadi and Sridevi Juvvadi (collectively, “Owner”) on the terms and conditions hereinafter set
forth.
RECITALS
WHEREAS, on or about January 13, 2015, the Town and RH-Two, L.P. entered into an
Annexation Agreement (“2015 Annexation Agreement”), pursuant to Sections 43.035 and
212.172 of the Texas Local Government Code, as amended, relative to approximately 100.035
acres described therein and defined therein as the “Property;” and
WHEREAS, Owner is the current owner of the Property; and
WHEREAS, the 2015 Annexation Agreement provided in Section 8 thereof, in part, that
the term of said 2015 Annexation Agreement was five (5) years from the effective date of said
Agreement; and
WHEREAS, it is in the intent of the Town and Owner to renew the Amended
Annexation Agreement for an additional five (5) year term, and that all other provisions of the
2015 Annexation Agreement shall remain in full force and effect.
NOW, THEREFORE, this Agreement is hereby made and entered into by the Town and
Owner for and in consideration of the foregoing premises and the mutual covenants contained
hereinafter, the sufficiency of which are hereby acknowledged by the parties:
1. Extension of Term. The term of the 2015 Annexation Agreement is hereby
extended five (5) years, from the date of execution of this Agreement.
2. Provisions of 2015 Annexation Agreement in Full Force and Effect. All other
provisions of the 2015 Annexation Agreement shall remain in full force and effect.
Page 37
Item 8.
2
014531.000005\4835-1308-2269.v1
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
THE TOWN OF PROSPER, TEXAS
By: _______________________________
Harlan Jefferson, Town Manager
ATTEST:
___________________________________
Robyn Battle, Town Secretary
OWNER:
PROSPER MEADOWS LP,
a Texas limited partnership
By: McKinney Estate LLC,
a Texas limited liability company,
its General Partner
By:
Vijay Borra, Managing Member
By:
Ramana Juvvadi, Managing Member
Vijay Borra
Kiranmai Yalamanchili
Ramana Juvvadi
Sridevi Juvvadi
Page 38
Item 8.
3
014531.000005\4835-1308-2269.v1
STATE OF TEXAS )
)
COUNTY OF DENTON )
This instrument was acknowledged before me on the ___ day of ___________, 2019, by
Harlan Jefferson, Town Manager for the Town of Prosper, Texas, on behalf of the Town of
Prosper.
___________________________________
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF DENTON )
This instrument was acknowledged before me on the ___ day of ___________, 2019, by
Vijay Borra and Ramana Juvvadi, Managing Members of McKinney Estate LLC, a limited
liability company, General Partner of Prosper Meadows LP, a Texas limited partnership, on
behalf of said company.
___________________________________
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF DENTON )
This instrument was acknowledged before me on the ___ day of ___________, 2019, by
Vijay Borra, in his capacity as an owner.
___________________________________
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF DENTON )
This instrument was acknowledged before me on the ___ day of ___________, 2019, by
Kiranmai Yalamanchili, in her capacity as an owner.
___________________________________
Notary Public, State of Texas
Page 39
Item 8.
4
014531.000005\4835-1308-2269.v1
STATE OF TEXAS )
)
COUNTY OF DENTON )
This instrument was acknowledged before me on the ___ day of ___________, 2019, by
Ramana Juvvadi, in his capacity as an owner.
___________________________________
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF DENTON )
This instrument was acknowledged before me on the ___ day of ___________, 2019, by
Sridevi Juvvadi, in her capacity as an owner.
___________________________________
Notary Public, State of Texas
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Item 8.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 8, 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
October 1, 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 Lakes at Legacy Amenity Center
2. Site Plan for The Cotton Gin Cafe Expansion
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Page 79
Item 9.
8H/CH/CH/CH/C9N88°24'25"E61.96'S57°49'37"E57.58'S13°31'18"E14.31'N63°42'37"W73.19'N89°34'45"W49.80'N69°15'39"W36.68'N87°38'23"W33.05'N64°21'16"W116.54'N1°35'35"W 183.65'R=475.00'∆=33°45'59"L=279.93'CB=S74°42'36"EC=275.90'R=1723.30'∆=4°19'40"L=130.17'CB=S28°27'13"WC=130.14'S26°17'23"W57.02'Submittal 9/17/2019LOCATION MAPNOT TO SCALESP1*HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH ADA STANDARDSWATER METER SCHEDULEBLOCK F, LOT 2X SITE INFORMATIONZONING:PD-65PROPOSED USE:PRIVATE RECREATION CENTERLAND AREA:75,317 S.F. OR 1.729 ACRESBUILDING AREA:645 SF BUILDINGBUILDING HEIGHTS:15'-3" (1 STORY)FLOOR TO AREA:0.0085:1 [645 / 75,317]LOT COVERAGE:0.85%PARKING REQUIRED:10 PARKING STALLS + 1 STALL PER300sf OVER 2,000sf OF BUILDING (CHAPTER 4, SECTION 4.5)PARKING PROVIDED:17 TOTAL, (w/ 2 HANDICAP)INTERIOR LANDSCAPE REQUIRED:(LOT AREA X 10%) 7,531 SFINTERIOR LANDSCAPE PROVIDED:48,695 SFTOTAL IMPERVIOUS SURFACE:28,462 SF, 37.8%OPEN SPACE REQUIRED:(LOT AREA X 7%) 5,272 SFOPEN SPACE PROVIDED:35,894 SFSITE PLANLAKES AT LEGACY, PH. 1Lot 2X, Block F~AMENITY CENTER~CASE #D19-0086LANDSCAPE ARCHITECT:STUDIO 13 DESIGN GROUP, PLLC.386 W. MAIN STREETLEWISVILLE, TEXAS 75057PH. (469) 635-1900CONTACT: LEONARD REEVES, RLA, LIOWNER/DEVELOPER:PROSPER PARTNERS, L.P.10950 RESEARCH ROADFRISCO, TEXAS 75033PH. (214) 387-3913CONTACT: CLINT RICHARDSONCIVIL ENGINEER:KIMLEY-HORN & ASSOCIATES, INC.5750 GENESIS COURT, SUITE 200FRISCO, TEXAS 75034PH.(972) 335-3580CONTACT: THOMAS L. FLETCHER, PETOWN OF PROSPER SITE PLAN NOTES:ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILLREQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTSBETWEEN PLANS.·DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED INACCORDANCE WITH THE ZONING ORDINANCE.·OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED INACCORDANCE WITH THE ZONING ORDINANCE.·OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARESTANDARDS CONTAINED WITHIN THE ZONING ORDINANCE ANDSUBDIVISION ORDINANCE.·LANDSCAPE SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THETOWN.·ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINEDWITHIN THE ZONING ORDINANCE.·BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRESPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BEAPPROVED BY THE FIRE DEPARTMENT.·FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWNSTANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT.·TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY ATALL TIMES.·SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.·HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALLCONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITHTHE REQUIREMENTS OF THE CURRENT ADOPTED BUILDING CODE.·ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.·ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLANAND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.·ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIALAPPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN.·SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONGTHOROUGHFARES AND COLLECTORS AND FIVE (5') FEET IN WIDTH ALONGRESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURBCROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS.·APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERINGPLANS ARE APPROVED BY THE TOWN ENGINEER.·SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.·ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATEDUNDERGROUND.·ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW INACCORDANCE WITH THE ZONING ORDINANCE.·ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OFEASEMENT.·IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USECLASSIFICATION(S) IDENTIFIED ON THE SITE DATE SUMMARY TABLE;HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF COAND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEESAND/OR PARKING REQUIREMENTS.·THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OFEIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING& ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANTMUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANSAND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDINGPERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITHANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID.NOTE: NO FLOODPLAIN EXISTS ON THE SITECONCRETE SIDEWALK PER TOWN OFPROSPER STANDARDS - WIDTH VARIESLEGENDFINISHED FLOOR ELEVATIONFFE 599.506'-0" HT. SCREENING WALL (MASONRY FACADE)SCREENING WALL SHALL ACT AS POOL EQUIPMENTAND TRASH TOTE ENCLOSURE.6'-0" HT. ORNAMENTAL METAL FENCE1 - 4'-0" WIDTH SELF LATCHING,SELF CLOSING METAL GATEBARRIER FREE RAMPPROPOSED PARKING COUNTEXISTING FIRE HYDRANTHANDICAP PARKING SPACEBFREXISTING WATER MAIN W/ VALVEEXISTING SANITARY SEWER MANHOLEEXISTING SANITARY SEWEREXISTING STORMRIGHT-OF-WAY8H/CEXISTING CURB INLETSSSMHFHVARIABLE HT. RETAINING WALL OR SEAT WALL(MASONRY FACADE)UTILITY & SIDEWALK EASEMENTU.E./S.W.E.GBFR
BFR BFRBFR
EXISTING BARRIER FREE RAMPBFRPROPOSED DOMESTIC WATER METERPROPOSED BARRIER FREE RAMPBFRPage 80Item 9.
D19-0093
SITE PLAN
Page 81
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 8, 2019
Agenda Item:
Presentation of service plan and second Public Hearing to consider the voluntary annexation
of 6.8± acres, generally located 1,000± feet south of First Street, 4,000± feet west of Custer
Road. (A19-0001).
Description of Agenda Item:
In 2014, the Town extended the five-year Annexation Agreement with the property owner, who
at that time, was Glen Miller. In October 2018, the property was sold to Prosper ISD. In
August, Prosper ISD submitted a petition to have the property voluntarily annexed by the
Town, indicating an intent to develop the subject property as a high school.
This is the second of two (2) required Public Hearings; the first Public Hearing was held on
September 24, 2019. Following this Public Hearing, the Town Council will consider an
ordinance completing the annexation process.
Legal Obligations and Review:
The notice for the second Public Hearing has been published in the newspaper and placed
on the Town’s website per state law and the annexation schedule.
Attached Documents:
1. Annexation Exhibit
2. Annexation Map
3. Annexation Service Plan
Prosper is a place where everyone matters.
PLANNING
Page 82
Item 10.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends the Town Council hold the second Public Hearing to consider the
voluntary annexation of 6.8± acres, generally located 1,000± feet south of First Street, 4,000±
feet west of Custer Road, and receive comments from the public.
Proposed Motion:
Once the public hearing has been held, no further action is required for this item.
Page 83
Item 10.
A19 -00 01
FIRST ST
CUSTER RDCOUNTY ROAD 933
SPICEWOOD DR
GENTRY DRTETON PL
C
OLU
M
BIA CTDOGWOOD D R
C H I M N E Y R O C K D R
SHARED DRIVEWAY WHITLEY PLACE DRBEECHWOOD DR GLACIER POINT CT
GRANITE SHOAL DRBOOKER CTKEBLER DRBURNET CT±0 750 1,500375FeetPage 84
Item 10.
Drawing: L:\Projects\HUC 19068 Prosper High School No 3\Acad\Deliverables\Seperate_Instrument_Exhibits\Annexation Exhibit\2019 08 02 HUC 19068 PISD HS3 6.79AC Annexation Exhibit.dwg at Aug 02, 2019-3:44pm by jmaddoxEXHIBIT "A"
ANNEXATION EXHIBIT
295,789 SQUARE FEET, OR 6.790 ACRES
Being a 6.790 acre tract of land situated in the Jeremiah Horn Survey, Abstract Number 411, Collin County, Texas
same being all of a tract of land to Prosper Independent School District as recorded in Instrument number
20181023001321280 of the Official Public Records of Collin County, Texas, and being more particularly described by
metes and bounds as follows;
Beginning at a 1/2 inch iron rod found for the northwest corner of said 6.790 acre tract said point also being an easterly
inner ell corner of a 73.015 acre tract of land to Prosper Independent School District as recorded in Instrument number
20181023001321670 of the Official Public Records of Collin County, Texas;
THENCE South 72 degrees 44 minutes 33 seconds East along the north line of said 6.790 acre tract same being the
easterly line of said 73.015 acre Prosper Independent School District tract, a distance of 182.34 feet to a 1/2 inch steel
square tubing with cap stamped "BRENNAN 5560" found for corner at an angle point in same;
THENCE North 89 degrees 48 minutes 59 seconds East continuing along the north line of said 6.790 acre tract same
being the easterly line of said 73.015 acre Prosper Independent School District tract, a distance of 266.10 feet to a 5/8
inch iron rod with cap stamped "TNP" found for the northeast corner of said 6.790 acre tract;
THENCE South 00 degrees 12 minutes 18 seconds East along the east line of said 6.790 acre tract with the remnants
of an old Barbed Wire fence and Tree line, a distance of 664.29 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S.
1674" found lying on the north line of a called 67.728 acre tract of land to 55 Prosper, L.P. by affidavit of Merger
recorded in instrument Number 20120111000035080 of the Official Public Records of Collin County, Texas and
previously known as 67 Prosper L.P. as recorded in Instrument Number 20060921001363990 of the Official Public
Records of Collin County, Texas said point also being the southwest corner of a called 73.060 acre tract of land to 55
Prosper, L.P. by affidavit of Merger recorded in instrument Number 20120111000035080 of the Official Public Records
of Collin County, Texas and previously known as 73 Prosper L.P. as recorded in Instrument Number
20051017001461230 of the Official Public Records of Collin County and the southeast corner of said 6.790 acre tract;
THENCE South 89 degrees 33 minutes 38 seconds West along the north line of said 67.728 acre tract and the south
line of said 6.790 acre tract, a distance of 435.30 feet to a 1/2 inch iron rod found for the southwest corner of said
6.790 acre tract;
THENCE North 00 degrees 34 minutes 54 seconds West along the west line of said 6.790 acre tract, a distance of
720.90 feet to the POINT OF BEGINNING containing 295,789 square feet, or 6.790 acres of land.
SURVEYOR'S CERTIFICATE
I, Brian J. Maddox II, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I have
prepared this map from an actual on the ground survey of the land, and the monuments shown thereon were found
under my personal supervision in accordance with the Surveying Rules and Regulations of the State of Texas.
___________________________________________
Brian J. Maddox II
Registered Professional Land Surveyor No. 6659
August 02, 2019
PAGE 1 OF 2
820 Watters Creek Boulevard, Suite M300
Allen, Texas 75013
214.461.9867 ph www.tnpinc.com
T.B.P.L.S. Firm No. 10194381
teague nall & perkins ET
XASPage 85
Item 10.
LOT 1X,
BLOCK A
OPEN SPACEGRANITE SHOAL DRIVELOT 1X,
BLOCK E
OPEN SPACE
EVE LONG CHOW
VOLUME 4653, PAGE 3029
D.R.C.C.T.
LOT 1, BLOCK A
TOLLESON ADDITION
INSTRUMENT NUMBER 20101028010002120
O.P.R.C.C.T.
55 PROSPER, L.P.
INSTRUMENT NUMBER
20120111000035080
O.P.R.C.C.T.
PREVIOUSLY KNOWN AS
162 PROSPER L.P.
TRACT 2
CALLED 8.815 AC
INSTRUMENT NUMBER
20090508000557170
O.P.R.C.C.T.
55 PROSPER, L.P.
INSTRUMENT NUMBER 20120111000035080
O.P.R.C.C.T.
PREVIOUSLY KNOWN AS
67 PROSPER L.P.
CALLED 67.728 AC
INSTRUMENT NUMBER 20060921001363990
O.P.R.C.C.T.
55 PROSPER, L.P.
INSTRUMENT NUMBER 20120111000035080
O.P.R.C.C.T.
PREVIOUSLY KNOWN AS
73 PROSPER L.P.
CALLED 73.060 AC
INSTRUMENT NUMBER 20051017001461230
O.P.R.C.C.T.NOLA GERTRUDE NELSONVOLUME 1470, PAGE 174D.R.C.C.T.DAN TOLLESONINSTRUMENT NUMBER20160628000813120O.P.R.C.C.T.TRACT 1PROSPER KENNELS, LLC.INSTRUMENT NUMBER20131120001560850O.P.R.C.C.T.TRACT 2PROSPER KENNELS, LLC.INSTRUMENT NUMBER20131120001560850O.P.R.C.C.T.50' BI-
S
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CITY OF IRVING
75' PIPELINE EASEMENT
VOLUME 4869, PAGE 3897
D.R.C.C.T.
TOWN OF PROSPER WATER EASEMENT #5
INSTRUMENT NUMBER 20140307000214920
O.P.R.C.C.T.
ACCESS EASEMENT
VOLUME 4529, PAGE 1911
D.R.C.C.T.
COUNTY ROAD NO. 79
(FIRST STREET)
LARKIN McCARTY SURVEY ABSTRACT NO. 600
JEREMIAH HORN SURVEY ABSTRACT NO. 411
APPROXIMATE LOCATION OF SURVEY LINE
JEREMIAH HORN SURVEY ABSTRACT NO. 411APPROXIMATE LOCATION OF SURVEY LINEJAMES STONE SURVEY ABSTRACT NO. 847LARKIN McCARTY SURVEY ABSTRACT NO. 600SPENCER GRAHAM SURVEY ABSTRACT NO. 359PROSPER INDEPENDENT SCHOOL DISTRICT
TRACT 1
CALLED 73.015 AC
INSTRUMENT NUMBER 20181023001321670
O.P.R.C.C.T.
PROSPER INDEPENDENT SCHOOL DISTRICT
CALLED 6.790 AC
INSTRUMENT NUMBER 20181023001321280
O.P.R.C.C.T.
POINT OF
BEGINNING
S 72
°
4
4
'
3
3
"
E
182.
3
4
'
N 89°48'59" E 266.10'S 00°12'18" E 664.29'S 89°33'38" W 435.30'N 00°34'54" W 720.90'1/2" IRF
(C.M.)
1/2" SQUARE TUBING
"BRENNAN 5560"
5/8" CIRF
"TNP"
1/2" CIRF
"R.P.L.S. 1674"
1/2" IRF
(C.M.)
6.790 ACRES OR
295,789 SQUARE FEET
TOWN OF PROSPER WATER EASEMENT #4
INSTRUMENT NUMBER 20140307000214920
O.P.R.C.C.T.
LEGEND
(C.M.) - CONTROL MONUMENT
IRF - IRON ROD FOUND
CIRF - CAPPED IRON ROD FOUND
CIRS - CAPPED IRON ROD SET
R.O.W.-RIGHT-OF-WAY
OHE-OVERHEAD ELECTRIC
D.R.C.C.T. - DEED RECORDS COLLIN COUNTY, TEXAS
O.P.R.C.C.T. - OFFICIAL PUBLIC RECORDS COLLIN COUNTY, TEXAS
Bearings of lines shown hereon refer to Grid North of the Texas
Coordinate System of 1983 (North Central Zone 4202) Geodetic
Bearing Established by GPS Measurements taken on the ground and
computed by Online Positioning User Service (OPUS) offered by the
National Geodetic Survey. All coordinates and distances shown are
surface utilizing a combined scale factor of 1.000152723.
GENERAL NOTES:
1) The word "certify" or "certificate" as shown and used hereon means an expression of professional opinion regarding the facts of the survey and does not
constitute a warranty or guarantee, expressed or implied.
2)Except as specifically stated or shown on this plat, this survey does not purport to reflect any of the following which may be applicable to the subject tract:
easements; building setback lines; restrictive covenants; subdivision restrictions; zoning or other land-use regulations; Agreements; Lease Agreements; and
ownership title evidence.
3) The survey abstract lines shown hereon are approximate and are not located on the ground.
4)No Improvements are shown.
EXHIBIT A
ANNEXATION EXHIBIT
6.790 ACRES
OR
295,789 SQUARE FEET
A TRACT OF LAND SITUATED IN THE
JEREMIAH HORN SURVEY, ABSTRACT NUMBER 411,
COLLIN COUNTY, TEXAS
BEING ALL OF A 6.790 ACRE TRACT OF LAND TO PROSPER INDEPENDENT
SCHOOL DISTRICT AS RECORDED IN INSTRUMENT NUMBER 20181023001321280
OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS
SURVEYOR
TEAGUE NALL AND PERKINS, INC.
825 Watters Creek Boulevard, Suite M300
Allen, Texas 75013
214.461.9867 ph 214.461.9864 fx
TBPLS Registration No. 10194381
www.tnpinc.com
PROJECT INFORMATION
Project No.: HUC 19068
Date:August 02, 2019
Drawn By: JM
Scale:1"=100'
Sheet 2 0f 2
GRAPHIC SCALE
1-INCH = 100 FEET
0 100 200 300
BASIS OF BEARINGS:
DESCRIPTION OF PROPERTY SURVEYED
Being a 6.790 acre tract of land situated in the Jeremiah Horn Survey, Abstract Number 411, Collin County, Texas same being all of a tract of land to Prosper
Independent School District as recorded in Instrument number 20181023001321280 of the Official Public Records of Collin County, Texas, and being more particularly
described by metes and bounds as follows;
Beginning at a 1/2 inch iron rod found for the northwest corner of said 6.790 acre tract said point also being an easterly inner ell corner of a 73.015 acre tract of land to
Prosper Independent School District as recorded in Instrument number 20181023001321670 of the Official Public Records of Collin County, Texas;
THENCE South 72 degrees 44 minutes 33 seconds East along the north line of said 6.790 acre tract same being the easterly line of said 73.015 acre Prosper
Independent School District tract, a distance of 182.34 feet to a 1/2 inch steel square tubing with cap stamped "BRENNAN 5560" found for corner at an angle point in
same;
THENCE North 89 degrees 48 minutes 59 seconds East continuing along the north line of said 6.790 acre tract same being the easterly line of said 73.015 acre
Prosper Independent School District tract, a distance of 266.10 feet to a 5/8 inch iron rod with cap stamped "TNP" found for the northeast corner of said 6.790 acre
tract;
THENCE South 00 degrees 12 minutes 18 seconds East along the east line of said 6.790 acre tract with the remnants of an old Barbed Wire fence and Tree line, a
distance of 664.29 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S. 1674" found lying on the north line of a called 67.728 acre tract of land to 55 Prosper, L.P. by
affidavit of Merger recorded in instrument Number 20120111000035080 of the Official Public Records of Collin County, Texas and previously known as 67 Prosper L.P.
as recorded in Instrument Number 20060921001363990 of the Official Public Records of Collin County, Texas said point also being the southwest corner of a called
73.060 acre tract of land to 55 Prosper, L.P. by affidavit of Merger recorded in instrument Number 20120111000035080 of the Official Public Records of Collin County,
Texas and previously known as 73 Prosper L.P. as recorded in Instrument Number 20051017001461230 of the Official Public Records of Collin County and the
southeast corner of said 6.790 acre tract;
THENCE South 89 degrees 33 minutes 38 seconds West along the north line of said 67.728 acre tract and the south line of said 6.790 acre tract, a distance of 435.30
feet to a 1/2 inch iron rod found for the southwest corner of said 6.790 acre tract;
THENCE North 00 degrees 34 minutes 54 seconds West along the west line of said 6.790 acre tract, a distance of 720.90 feet to the POINT OF BEGINNING containing
295,789 square feet, or 6.790 acres of land.
SURVEYOR'S CERTIFICATE
I, Brian J. Maddox II, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I have prepared this map from an actual on the ground
survey of the land, and the monuments shown thereon were found under my personal supervision in accordance with the Surveying Rules and Regulations of the State
of Texas.
___________________________________________
Brian J. Maddox II
Registered Professional Land Surveyor No. 6659
August 02, 2019
VICINITY MAP
NOT TO SCALE ET
XASOWNER
PROSPER INDEPENDENT
SCHOOL DISTRICT
605 East 7th Street
Prosper, Texas 75078
Contact: Dr. Drew Watkins
ph 469.219.2000
E. 1ST STREET
E. 1ST STREETGRANITESHOAL
N. CUSTER ROADSITE
W. UNIVERSITY DRIVE
(US 380)
Page 86
Item 10.
Page 1 of 2
SERVICE PLAN FOR ANNEXED AREA
ANNEXATI ON ORDINANCE NO. _________
DATE OF ANNEXATION ORDINANCE: October 8, 2019.
Municipal Services to the area of land depicted in Exhibit A shall be furnished by or on behalf of
the Town of Prosper, Texas ("Town") at the following levels and in accordance with the following
schedule:
A. POLICE PROTECTION:
Police personnel and equipment from the Prosper Police Department shall be provided to
the area annexed, at a level consistent with current methods and procedures presently
provided to similar areas of the Town, on the effective date of this Ordinance.
B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES:
Fire protection and Emergency Medical Services (EMS) from the Town shall be provided to
the area annexed, at a level consistent with current methods and procedures presently
provided to similar areas of the Town, on the effective date of this Ordinance.
C. FIRE PREVENTION / INVESTIGATION:
The services of the Town of Prosper Fire Department shall be provided to the area on the
effective date of this Ordinance. The non-emergency services of fire prevention and fire
investigation will be added to the list of services provided by the Prosper Fire Department.
D. SOLID WASTE COLLECTION:
Solid waste collection shall be provided to the area annexed upon request on the effective
date of this Ordinance up to the second anniversary of the annexation. After that time,
residents will be required to use the Town’s solid waste collection company. The collection
of refuse from individual properties shall be made in accordance with the Town’s usual solid
waste collection scheduling.
E. WATER SERVICE:
1. This area is currently serviced by the Town’s water distribution system. Future
expansion and extensions of the Town’s Water Distribution System will provide better
flow rates and line pressures, and is in accordance with applicable Town codes and
policies.
2. Maintenance of private lines will be the responsibility of the owner or occupant.
F. SANITARY SEWER SERVICE:
1. The annexed area will be provided sanitary sewer service in accordance with applicable
codes and departmental policy. When development occurs in adjacent areas, sanitary
sewer service shall be provided in accordance with applicable Town codes and policies,
including extensions of service.
Page 87
Item 10.
Page 2 of 2
2. Operation and maintenance of private wastewater facilities in the annexed area will be
the responsibility of the owner.
G. ROADS AND STREETS / STREET LIGHTING:
1. Operation and maintenance of private streets in the annexed area will be the
responsibility of the owner.
2. Operation and maintenance of public streets in the annexed area will be provided by the
Town on the effective date of this Ordinance.
3. The Town will coordinate any request for improved street lighting with the local electric
provider in accordance with Town policy.
H. PARKS AND RECREATION:
Residents within the area annexed may utilize all existing Town park and recreation
facilities, on the effective date of this Ordinance. Fees for such usage shall be in
accordance with current fees established by Town ordinance.
I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:
1. Enforcement of current environmental health ordinances and regulations, including, but
not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances
and animal control ordinances, shall begin within this area on the effective date of the
annexation.
2. Inspection services, including, but not limited to, the review of building plans, the
issuance of permits and the inspection of all buildings, plumbing, mechanical, and
electrical work to ensure compliance with Town codes and ordinances will be provided
on the effective date of the annexation.
J. MISCELLANEOUS:
Any publicly owned facility, building, or service located within the annexed area shall be
maintained by the Town on the effective date of the annexation ordinance. All other
applicable municipal services shall be provided to the annexation area in accordance with
the Town’s established policies governing extension of municipal services to newly annexed
areas.
Page 88
Item 10.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 8, 2019
Agenda Item:
Consider and act upon an ordinance annexing 6.8± acres, generally located 1,000± feet south
of First Street, 4,000± feet west of Custer Road. (A19-0001).
Description of Agenda Item:
In 2014, the Town extended the five-year Annexation Agreement with the property owner, who
at that time, was Glen Miller. In October 2018, the property was sold to Prosper ISD. In
August, Prosper ISD submitted a petition to have the property voluntarily annexed by the
Town, indicating an intent to develop the subject property as a high school.
State law requires two (2) Public Hearings on an annexation request, which were held on
September 24, 2019 and October 8, 2019.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the annexation
ordinance as to form and legality.
Attached Documents:
1. Annexation Ordinance
2. Property Survey and Legal Description
3. Annexation Service Plan
Prosper is a place where everyone matters.
PLANNING
Page 89
Item 11.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance annexing 6.8± acres,
generally located 1,000± feet south of First Street, 4,000± feet west of Custer Road.
Proposed Motion:
I move to approve an ordinance annexing 6.8± acres generally located 1,000± feet south of
First Street, 4,000± feet west of Custer Road.
Page 90
Item 11.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A TRACT OF LAND
SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411, COLLIN
COUNTY, TEXAS, CONTAINING APPROXIMATELY 6.790 ACRES OF LAND,
AND BEING MORE GENERALLY LOCATED 1,000± FEET SOUTH OF E. FIRST
STREET, 4,000± FEET WEST OF CUSTER ROAD, MORE OR LESS, IN COLLIN
COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF
THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE
RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE
BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND
HEREAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), pursuant
to the authority contained in Chapter 43 of the Texas Local Government Code, has investigated
and determined that it would be advantageous and beneficial to Prosper and its inhabitants to
annex the hereinafter described property (“Property”) into the Town of Prosper (“Town”); and
WHEREAS, the Town Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with, pursuant to Chapter 43, Texas Local
Government Code; and
WHEREAS, the Town Council finds that the Property that is the subject of this Ordinance
is within the extraterritorial jurisdiction of the Town and is adjacent and contiguous to the existing
town limits of the Town; and
WHEREAS, the Town Council finds that the field notes close the boundaries of the
Property being annexed; and
WHEREAS, the Town Council has conducted at least two public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan; and
WHEREAS, the Town Council finds the public hearings were conducted and held in
accordance with Chapter 43 of the Texas Local Government; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was
prepared in compliance with law and was available for review and inspection by citizens; and
WHEREAS, the Town Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Page 91
Item 11.
Ordinance No. 19-__, Page 2
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
The Property described in the attached Exhibit A and all public streets, roadways and
alleyways located within or contiguous to the same is hereby annexed into the Town.
SECTION 3
The Service Plan for the Property is attached hereto as Exhibit B and made a part hereof
for all purposes.
SECTION 4
From and after the passage of this Ordinance, the Property shall be a part of the Town,
and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of
Town and shall be bound by all of the ordinances and regulations enacted pursuant to and in
conformity with the laws of the State of Texas.
SECTION 5
That the official map and boundaries of the Town are hereby amended to include the
property as part of the Town and that a certified copy of this Ordinance shall be filed in the County
Clerk’s Office of Collin County, Texas.
SECTION 6
It shall be unlawful for any person, firm or corporation to make use of the Property in some
manner other than as authorized by this Ordinance and Zoning Ordinance No. 05-20, and any
amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on
the Property any building that is not in conformity with the permissible use under this Ordinance
and Zoning Ordinance No. 05-20, and any amendments thereto.
SECTION 7
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 8
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
Page 92
Item 11.
Ordinance No. 19-__, Page 3
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
SECTION 9
This Ordinance shall become effective immediately upon its passage.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 8TH DAY OF OCTOBER, 2019.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 93
Item 11.
Drawing: L:\Projects\HUC 19068 Prosper High School No 3\Acad\Deliverables\Seperate_Instrument_Exhibits\Annexation Exhibit\2019 08 02 HUC 19068 PISD HS3 6.79AC Annexation Exhibit.dwg at Aug 02, 2019-3:44pm by jmaddoxEXHIBIT "A"
ANNEXATION EXHIBIT
295,789 SQUARE FEET, OR 6.790 ACRES
Being a 6.790 acre tract of land situated in the Jeremiah Horn Survey, Abstract Number 411, Collin County, Texas
same being all of a tract of land to Prosper Independent School District as recorded in Instrument number
20181023001321280 of the Official Public Records of Collin County, Texas, and being more particularly described by
metes and bounds as follows;
Beginning at a 1/2 inch iron rod found for the northwest corner of said 6.790 acre tract said point also being an easterly
inner ell corner of a 73.015 acre tract of land to Prosper Independent School District as recorded in Instrument number
20181023001321670 of the Official Public Records of Collin County, Texas;
THENCE South 72 degrees 44 minutes 33 seconds East along the north line of said 6.790 acre tract same being the
easterly line of said 73.015 acre Prosper Independent School District tract, a distance of 182.34 feet to a 1/2 inch steel
square tubing with cap stamped "BRENNAN 5560" found for corner at an angle point in same;
THENCE North 89 degrees 48 minutes 59 seconds East continuing along the north line of said 6.790 acre tract same
being the easterly line of said 73.015 acre Prosper Independent School District tract, a distance of 266.10 feet to a 5/8
inch iron rod with cap stamped "TNP" found for the northeast corner of said 6.790 acre tract;
THENCE South 00 degrees 12 minutes 18 seconds East along the east line of said 6.790 acre tract with the remnants
of an old Barbed Wire fence and Tree line, a distance of 664.29 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S.
1674" found lying on the north line of a called 67.728 acre tract of land to 55 Prosper, L.P. by affidavit of Merger
recorded in instrument Number 20120111000035080 of the Official Public Records of Collin County, Texas and
previously known as 67 Prosper L.P. as recorded in Instrument Number 20060921001363990 of the Official Public
Records of Collin County, Texas said point also being the southwest corner of a called 73.060 acre tract of land to 55
Prosper, L.P. by affidavit of Merger recorded in instrument Number 20120111000035080 of the Official Public Records
of Collin County, Texas and previously known as 73 Prosper L.P. as recorded in Instrument Number
20051017001461230 of the Official Public Records of Collin County and the southeast corner of said 6.790 acre tract;
THENCE South 89 degrees 33 minutes 38 seconds West along the north line of said 67.728 acre tract and the south
line of said 6.790 acre tract, a distance of 435.30 feet to a 1/2 inch iron rod found for the southwest corner of said
6.790 acre tract;
THENCE North 00 degrees 34 minutes 54 seconds West along the west line of said 6.790 acre tract, a distance of
720.90 feet to the POINT OF BEGINNING containing 295,789 square feet, or 6.790 acres of land.
SURVEYOR'S CERTIFICATE
I, Brian J. Maddox II, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I have
prepared this map from an actual on the ground survey of the land, and the monuments shown thereon were found
under my personal supervision in accordance with the Surveying Rules and Regulations of the State of Texas.
___________________________________________
Brian J. Maddox II
Registered Professional Land Surveyor No. 6659
August 02, 2019
PAGE 1 OF 2
820 Watters Creek Boulevard, Suite M300
Allen, Texas 75013
214.461.9867 ph www.tnpinc.com
T.B.P.L.S. Firm No. 10194381
teague nall & perkins ET
XASPage 94
Item 11.
LOT 1X,
BLOCK A
OPEN SPACEGRANITE SHOAL DRIVELOT 1X,
BLOCK E
OPEN SPACE
EVE LONG CHOW
VOLUME 4653, PAGE 3029
D.R.C.C.T.
LOT 1, BLOCK A
TOLLESON ADDITION
INSTRUMENT NUMBER 20101028010002120
O.P.R.C.C.T.
55 PROSPER, L.P.
INSTRUMENT NUMBER
20120111000035080
O.P.R.C.C.T.
PREVIOUSLY KNOWN AS
162 PROSPER L.P.
TRACT 2
CALLED 8.815 AC
INSTRUMENT NUMBER
20090508000557170
O.P.R.C.C.T.
55 PROSPER, L.P.
INSTRUMENT NUMBER 20120111000035080
O.P.R.C.C.T.
PREVIOUSLY KNOWN AS
67 PROSPER L.P.
CALLED 67.728 AC
INSTRUMENT NUMBER 20060921001363990
O.P.R.C.C.T.
55 PROSPER, L.P.
INSTRUMENT NUMBER 20120111000035080
O.P.R.C.C.T.
PREVIOUSLY KNOWN AS
73 PROSPER L.P.
CALLED 73.060 AC
INSTRUMENT NUMBER 20051017001461230
O.P.R.C.C.T.NOLA GERTRUDE NELSONVOLUME 1470, PAGE 174D.R.C.C.T.DAN TOLLESONINSTRUMENT NUMBER20160628000813120O.P.R.C.C.T.TRACT 1PROSPER KENNELS, LLC.INSTRUMENT NUMBER20131120001560850O.P.R.C.C.T.TRACT 2PROSPER KENNELS, LLC.INSTRUMENT NUMBER20131120001560850O.P.R.C.C.T.50' BI-
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CITY OF IRVING
75' PIPELINE EASEMENT
VOLUME 4869, PAGE 3897
D.R.C.C.T.
TOWN OF PROSPER WATER EASEMENT #5
INSTRUMENT NUMBER 20140307000214920
O.P.R.C.C.T.
ACCESS EASEMENT
VOLUME 4529, PAGE 1911
D.R.C.C.T.
COUNTY ROAD NO. 79
(FIRST STREET)
LARKIN McCARTY SURVEY ABSTRACT NO. 600
JEREMIAH HORN SURVEY ABSTRACT NO. 411
APPROXIMATE LOCATION OF SURVEY LINE
JEREMIAH HORN SURVEY ABSTRACT NO. 411APPROXIMATE LOCATION OF SURVEY LINEJAMES STONE SURVEY ABSTRACT NO. 847LARKIN McCARTY SURVEY ABSTRACT NO. 600SPENCER GRAHAM SURVEY ABSTRACT NO. 359PROSPER INDEPENDENT SCHOOL DISTRICT
TRACT 1
CALLED 73.015 AC
INSTRUMENT NUMBER 20181023001321670
O.P.R.C.C.T.
PROSPER INDEPENDENT SCHOOL DISTRICT
CALLED 6.790 AC
INSTRUMENT NUMBER 20181023001321280
O.P.R.C.C.T.
POINT OF
BEGINNING
S 72
°
4
4
'
3
3
"
E
182.
3
4
'
N 89°48'59" E 266.10'S 00°12'18" E 664.29'S 89°33'38" W 435.30'N 00°34'54" W 720.90'1/2" IRF
(C.M.)
1/2" SQUARE TUBING
"BRENNAN 5560"
5/8" CIRF
"TNP"
1/2" CIRF
"R.P.L.S. 1674"
1/2" IRF
(C.M.)
6.790 ACRES OR
295,789 SQUARE FEET
TOWN OF PROSPER WATER EASEMENT #4
INSTRUMENT NUMBER 20140307000214920
O.P.R.C.C.T.
LEGEND
(C.M.) - CONTROL MONUMENT
IRF - IRON ROD FOUND
CIRF - CAPPED IRON ROD FOUND
CIRS - CAPPED IRON ROD SET
R.O.W.-RIGHT-OF-WAY
OHE-OVERHEAD ELECTRIC
D.R.C.C.T. - DEED RECORDS COLLIN COUNTY, TEXAS
O.P.R.C.C.T. - OFFICIAL PUBLIC RECORDS COLLIN COUNTY, TEXAS
Bearings of lines shown hereon refer to Grid North of the Texas
Coordinate System of 1983 (North Central Zone 4202) Geodetic
Bearing Established by GPS Measurements taken on the ground and
computed by Online Positioning User Service (OPUS) offered by the
National Geodetic Survey. All coordinates and distances shown are
surface utilizing a combined scale factor of 1.000152723.
GENERAL NOTES:
1) The word "certify" or "certificate" as shown and used hereon means an expression of professional opinion regarding the facts of the survey and does not
constitute a warranty or guarantee, expressed or implied.
2)Except as specifically stated or shown on this plat, this survey does not purport to reflect any of the following which may be applicable to the subject tract:
easements; building setback lines; restrictive covenants; subdivision restrictions; zoning or other land-use regulations; Agreements; Lease Agreements; and
ownership title evidence.
3) The survey abstract lines shown hereon are approximate and are not located on the ground.
4)No Improvements are shown.
EXHIBIT A
ANNEXATION EXHIBIT
6.790 ACRES
OR
295,789 SQUARE FEET
A TRACT OF LAND SITUATED IN THE
JEREMIAH HORN SURVEY, ABSTRACT NUMBER 411,
COLLIN COUNTY, TEXAS
BEING ALL OF A 6.790 ACRE TRACT OF LAND TO PROSPER INDEPENDENT
SCHOOL DISTRICT AS RECORDED IN INSTRUMENT NUMBER 20181023001321280
OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS
SURVEYOR
TEAGUE NALL AND PERKINS, INC.
825 Watters Creek Boulevard, Suite M300
Allen, Texas 75013
214.461.9867 ph 214.461.9864 fx
TBPLS Registration No. 10194381
www.tnpinc.com
PROJECT INFORMATION
Project No.: HUC 19068
Date:August 02, 2019
Drawn By: JM
Scale:1"=100'
Sheet 2 0f 2
GRAPHIC SCALE
1-INCH = 100 FEET
0 100 200 300
BASIS OF BEARINGS:
DESCRIPTION OF PROPERTY SURVEYED
Being a 6.790 acre tract of land situated in the Jeremiah Horn Survey, Abstract Number 411, Collin County, Texas same being all of a tract of land to Prosper
Independent School District as recorded in Instrument number 20181023001321280 of the Official Public Records of Collin County, Texas, and being more particularly
described by metes and bounds as follows;
Beginning at a 1/2 inch iron rod found for the northwest corner of said 6.790 acre tract said point also being an easterly inner ell corner of a 73.015 acre tract of land to
Prosper Independent School District as recorded in Instrument number 20181023001321670 of the Official Public Records of Collin County, Texas;
THENCE South 72 degrees 44 minutes 33 seconds East along the north line of said 6.790 acre tract same being the easterly line of said 73.015 acre Prosper
Independent School District tract, a distance of 182.34 feet to a 1/2 inch steel square tubing with cap stamped "BRENNAN 5560" found for corner at an angle point in
same;
THENCE North 89 degrees 48 minutes 59 seconds East continuing along the north line of said 6.790 acre tract same being the easterly line of said 73.015 acre
Prosper Independent School District tract, a distance of 266.10 feet to a 5/8 inch iron rod with cap stamped "TNP" found for the northeast corner of said 6.790 acre
tract;
THENCE South 00 degrees 12 minutes 18 seconds East along the east line of said 6.790 acre tract with the remnants of an old Barbed Wire fence and Tree line, a
distance of 664.29 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S. 1674" found lying on the north line of a called 67.728 acre tract of land to 55 Prosper, L.P. by
affidavit of Merger recorded in instrument Number 20120111000035080 of the Official Public Records of Collin County, Texas and previously known as 67 Prosper L.P.
as recorded in Instrument Number 20060921001363990 of the Official Public Records of Collin County, Texas said point also being the southwest corner of a called
73.060 acre tract of land to 55 Prosper, L.P. by affidavit of Merger recorded in instrument Number 20120111000035080 of the Official Public Records of Collin County,
Texas and previously known as 73 Prosper L.P. as recorded in Instrument Number 20051017001461230 of the Official Public Records of Collin County and the
southeast corner of said 6.790 acre tract;
THENCE South 89 degrees 33 minutes 38 seconds West along the north line of said 67.728 acre tract and the south line of said 6.790 acre tract, a distance of 435.30
feet to a 1/2 inch iron rod found for the southwest corner of said 6.790 acre tract;
THENCE North 00 degrees 34 minutes 54 seconds West along the west line of said 6.790 acre tract, a distance of 720.90 feet to the POINT OF BEGINNING containing
295,789 square feet, or 6.790 acres of land.
SURVEYOR'S CERTIFICATE
I, Brian J. Maddox II, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I have prepared this map from an actual on the ground
survey of the land, and the monuments shown thereon were found under my personal supervision in accordance with the Surveying Rules and Regulations of the State
of Texas.
___________________________________________
Brian J. Maddox II
Registered Professional Land Surveyor No. 6659
August 02, 2019
VICINITY MAP
NOT TO SCALE ET
XASOWNER
PROSPER INDEPENDENT
SCHOOL DISTRICT
605 East 7th Street
Prosper, Texas 75078
Contact: Dr. Drew Watkins
ph 469.219.2000
E. 1ST STREET
E. 1ST STREETGRANITESHOAL
N. CUSTER ROADSITE
W. UNIVERSITY DRIVE
(US 380)
Page 95
Item 11.
Page 1 of 2
SERVICE PLAN FOR ANNEXED AREA
ANNEXATI ON ORDINANCE NO. _________
DATE OF ANNEXATION ORDINANCE: October 8, 2019.
Municipal Services to the area of land depicted in Exhibit A shall be furnished by or on behalf of
the Town of Prosper, Texas ("Town") at the following levels and in accordance with the following
schedule:
A. POLICE PROTECTION:
Police personnel and equipment from the Prosper Police Department shall be provided to
the area annexed, at a level consistent with current methods and procedures presently
provided to similar areas of the Town, on the effective date of this Ordinance.
B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES:
Fire protection and Emergency Medical Services (EMS) from the Town shall be provided to
the area annexed, at a level consistent with current methods and procedures presently
provided to similar areas of the Town, on the effective date of this Ordinance.
C. FIRE PREVENTION / INVESTIGATION:
The services of the Town of Prosper Fire Department shall be provided to the area on the
effective date of this Ordinance. The non-emergency services of fire prevention and fire
investigation will be added to the list of services provided by the Prosper Fire Department.
D. SOLID WASTE COLLECTION:
Solid waste collection shall be provided to the area annexed upon request on the effective
date of this Ordinance up to the second anniversary of the annexation. After that time,
residents will be required to use the Town’s solid waste collection company. The collection
of refuse from individual properties shall be made in accordance with the Town’s usual solid
waste collection scheduling.
E. WATER SERVICE:
1. This area is currently serviced by the Town’s water distribution system. Future
expansion and extensions of the Town’s Water Distribution System will provide better
flow rates and line pressures, and is in accordance with applicable Town codes and
policies.
2. Maintenance of private lines will be the responsibility of the owner or occupant.
F. SANITARY SEWER SERVICE:
1. The annexed area will be provided sanitary sewer service in accordance with applicable
codes and departmental policy. When development occurs in adjacent areas, sanitary
sewer service shall be provided in accordance with applicable Town codes and policies,
including extensions of service.
Page 96
Item 11.
Page 2 of 2
2. Operation and maintenance of private wastewater facilities in the annexed area will be
the responsibility of the owner.
G. ROADS AND STREETS / STREET LIGHTING:
1. Operation and maintenance of private streets in the annexed area will be the
responsibility of the owner.
2. Operation and maintenance of public streets in the annexed area will be provided by the
Town on the effective date of this Ordinance.
3. The Town will coordinate any request for improved street lighting with the local electric
provider in accordance with Town policy.
H. PARKS AND RECREATION:
Residents within the area annexed may utilize all existing Town park and recreation
facilities, on the effective date of this Ordinance. Fees for such usage shall be in
accordance with current fees established by Town ordinance.
I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:
1. Enforcement of current environmental health ordinances and regulations, including, but
not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances
and animal control ordinances, shall begin within this area on the effective date of the
annexation.
2. Inspection services, including, but not limited to, the review of building plans, the
issuance of permits and the inspection of all buildings, plumbing, mechanical, and
electrical work to ensure compliance with Town codes and ordinances will be provided
on the effective date of the annexation.
J. MISCELLANEOUS:
Any publicly owned facility, building, or service located within the annexed area shall be
maintained by the Town on the effective date of the annexation ordinance. All other
applicable municipal services shall be provided to the annexation area in accordance with
the Town’s established policies governing extension of municipal services to newly annexed
areas.
Page 97
Item 11.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 8, 2019
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a Sign Waiver to allow for
a temporary sign at St. Martin de Porres Catholic Church, located on the north side of US 380,
east of Windsong Parkway.
Description of Agenda Item:
This request is for a temporary wood frame sign for St. Martin de Porres, along US 380. The
sign is proposed to consist of two (2) adjoining, “V” shaped,” four-foot (4’) by eight-foot (8’)
plywood sign faces, each 32 square feet in area. The sign is proposed to be ten feet (10’) in
height, including six-foot (6’) metal support posts. The church has indicated each 32 square-
foot sign face would accommodate a banner to advertise various church events.
Prosper is a place where everyone matters.
PLANNING
Page 98
Item 12.
Page 2 of 2
St. Martin de Porres is proposing to limit the use of the temporary sign to no more than twelve
(12) weeks per year, and not more than four (4) consecutive weeks at a time. The church is
also proposing to discontinue use of the temporary sign, either when a permanent sign is
constructed, or from a period of time no greater than two (2) years from the date of Town
Council approval of the proposed temporary sign. A letter detailing the request and associated
exhibits from the church are attached.
Staff recommends approval of the request as submitted.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Sign Ordinance.
Staff has not received any Public Hearing Notice Reply Forms.
Attached Documents:
1. Location map
2. Site Plan
3. Sign Drawing
4. Request letter
Town Staff Recommendation:
Staff recommends the Town Council approve the request, subject to use of the sign for no
more than twelve (12) weeks per year, and not more than four (4) consecutive weeks at a
time. Further, use of the sign shall be discontinued after a period of time no greater than two
(2) years from the date of Town Council approval, or the construction of a permanent sign,
whichever occurs first.
Proposed Motion:
I move to approve the request for a Sign Waiver to allow for a temporary sign at St. Martin de
Porres Catholic Church, subject to use of the sign for no more than twelve (12) weeks per
year, and not more than four (4) consecutive weeks at a time. Further, use of the sign shall
be discontinued after a period of time no greater than two (2) years from the date of Town
Council approval, or the construction of a permanent sign, whichever occurs first.
Page 99
Item 12.
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DALEA DR
WINDSONG PKWYF E AT H E R G R A S S L NREDSTEM DRBRISTLELEAF LN
PEQUIN DR
ACACIA PKWY GREENBRIAR LNBLUESTEM DRROCHELLE CT
FIREWHEEL LNWHITE CLOVER LN
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AGARITA LNSILVERBELL DRCOPPER CANYON DRPRIMROSE CTMARIGOLD LN
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±0 500 1,000250FeetPage 100
Item 12.
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Item 12.
1 | P a g e S M D P S i g n – P e t i t i o n f o r W a i v e r
September 3, 2019
8-27-19 Address by Paul Parkes to the Prosper Mayor & Town Council on SMDP Sign Plan
Introduction:
Thanks very much for the time to address the Prosper Mayor and Town Council members.
My name is Paul Parkes and I’m a Prosper resident and a parishioner of the St Martin De Porres Catholic
Church here in Prosper and I’m a member of the Knights of Columbus council for our parish. Here with me
today are Eric Carpenter who is the Facilities Manager for the parish as well as brother Knights Dean
Hansen and Rob Daleo, and we’re happy to be here with you. Our pastor, Father Stephen Hauck, is not able
to be here with us today as he’s currently in Peru this week working to set-up future missionary trips by our
parish.
Summary of our Sign Proposal:
I recently emailed Mayor Smith and the Town Council members regarding our church having an occasional
need for a temporary sign on church property near Highway 380. We understand that Prosper has recently
released a new town Sign Ordinance which we have reviewed. Since my email to the town council, I have
received some guidance from John Webb, the town’s Development Services Director, regarding seeking a
petition for waiver for the use of a temporary sign that we propose, and we’ll be following up with John in a
meeting later this week to seek further guidance.
In summary, we have a sign design in mind, consisting of two sign faces, each of approximately 4’ to 5’ high
and 8’ to 10’ wide, assembled in a “V” shape, and supported on posts of between 10’ and 12’ high above
grade, and to be located on church property in the undeveloped Lot 3 of the church and school campus,
between the existing church and 380, such that the sign is as near to 380 as we can place it while honoring
all easements from the road way. As best as we can tell, the sign will be several hundred feet away from
any other developed properties in the area. We envision using the sign 2 to 4 times per year for 2 to 4
weeks per use. Based upon a review of the town’s sign ordinance, it was not readily clear that our sign plan
would fall into a Permissible Sign for a routine permit and thus we’re looking to secure a waiver or variance
for our sign plan and thereby establish a precedent for utilizing the temporary sign in the future, with any
required re-permitting for future uses.
As mentioned, John Webb has been kind enough to meet with us later this week so we can discuss the
details of our plan and work to set-up a mutually agreeable path forward for securing the waiver to support
our temporary sign needs, in support of our church and its public mission.
Thank you for your time.
Paul Parkes
SMDP Knights of Columbus Council 17304
678-612-1167
Page 105
Item 12.
2 | P a g e S M D P S i g n – P e t i t i o n f o r W a i v e r
September 3, 2019
SMDP Sign Plan to accompany Town of Prosper Sign Ordinance Petition for Waiver Application
St Martin De Porres Catholic Church (SMDP) is seeking a sign ordinance waiver for putting up a temporary
sign on Church property on the south-central portion of Lot 3 (see SMDP Church Site Plan drawing #C0.8,
attached herein) near to the north side of US Highway 380, respecting any and all easements.
Below are some details on our proposed sign design, location and use :
1. The proposed sign will consist of two sign faces in a 90 degree “V” shape pointing towards US Highway
380 such that one face is angled 45 degrees towards west-bound traffic and the other face is angled 45
degrees towards east-bound traffic on 380. The size of each sign face will be 4 feet tall and 8 feet wide. Per
the Sign Ordinance, the area of such a sign would equate to the sum of the area of both sign faces, such
that the total area of the sign would be 64 square feet.
2. For the sign face supports we intend to use metal poles anchored into multi-gallon plastic buckets with
concrete which would serve as footings and be buried beneath the top soil. We envision needing three or
four such support posts, arranged in the “V” pattern described above. Each post would extend vertically to
10 feet above ground level, such that the bottom of the (attached) sign faces would be 6 feet above ground
level and the top of the sign faces would be 10 feet above ground level (i.e. extending to the top of the
support posts at 10’). Maximum height is 10 feet.
3. The sign faces would be fastened to the sign support posts with appropriate fasteners, such that it can
be assembled and disassembled with relative ease.
4. Church related event-specific vinyl signage would be affixed to each sign face, for each use period.
5. Sign Location: The temporary sign would be located at the center of the southern edge of Lot 3 of the
SMDP property, respecting the water transmission pipeline easement running parallel to the north side of
Highway 380 (see attached SMDP Church development drawings: “D16-0036 Conveyance Plat Lot 1 & Lot 3,
Block A”, “C0.6 Site Plan – Phase 1 Development”, and “C0.8 Site Plan”, each with the sign location
denoted). This centered location on the southern edge of Lot 3 is approximately 389 feet from both the
western and eastern borders of the southern edge of Lot 3 and would be approximately 367 feet due south
of the southern extent of Lot 2 (the south central edge of the existing Church and School development), as
indicated on Drawing “C0.8 Site Plan”, included with this application.
6. Temporary Sign Usage: We propose to use the temporary sign for no more than 12 weeks per year,
and no more than 4 weeks per use period. Our initial planned use periods for the sign are:
a. October 13th to November 3rd, 2019 (3 weeks).
b. January 12th to February 2nd, 2020 (3 weeks).
7. Temporary Sign Duration of Use: We respectfully request that the Sign Ordinance Petition for Waiver
establish a permit for the temporary sign usage plan, as described herein, for a period of time that is the
earlier of two (2) years from the Town’s approval of the petition, or such time that SMDP gets a permanent
monument sign permitted and constructed in the same general area as the temporary sign.
Paul Parkes
SMDP Knights of Columbus Council 17304
678-612-1167
Page 106
Item 12.
3 | P a g e S M D P S i g n – P e t i t i o n f o r W a i v e r
September 3, 2019
Supplemental Information for SMDP Catholic Church Sign Ordinance Petition for Waiver
1. Sign Ordinance Petition for Waiver Application: please see the attached completed, signed and
notarized waiver application form.
2. Reason for the Waiver Request: Our proposed temporary sign is needed to help enable the growth of
our church & school and support our mission of evangelization which is a fundamental mission of our
faith. St. Martin de Porres Catholic Church and School (SMDP) is a growing parish & school in Prosper
and has the need of a temporary sign to communicate with the community on occasion. Specifically,
the sign is needed near to Highway 380 which runs along the southern portion of the SMDP property.
The presently developed church and school property (refer to the attached drawing “D16-0036”,
specifically Lot 2 where the existing church and school structures are located) is set back several
hundred feet north of Highway 380, with the property’s yet to be developed Lot 3 being in between the
existing church and school and Highway 380. This Lot 3 will be developed in the future with a larger
church, and potentially in the nearer term with some additional parking area for the existing church and
school. Given the distance between the existing developed church property and Highway 380, there is
no practical way to communicate with the traffic on 380 with any signage located on the existing
church property (i.e. Lot 2), and thus is our need for a temporary sign (as described on Page 2 above),
located at the center of the southern edge of Lot 3 as near to Highway 380 as possible while respecting
the water transmission pipeline easement running parallel to the north side of Highway 380 (see
drawing C0.8 and C0.6). After reviewing the Town’s new Sign Ordinance (June 2019) we were unable to
identify a Permissible Sign configuration that will meet our needs, again, due to the distance of the
existing developed church property from Highway 380, and it is our assessment that utilizing a large
horse trailer on Lot 3 near 380, with banners attached, as we have done in the past, would not be in
compliance with the new sign ordinance. As such we are seeking a waiver for our proposed temporary
sign plan, as detailed herein. But for such a temporary sign, as described herein, our church will be
unable to communicate important messaging and event information that we deem critical to our
mission of engaging with our parishioners and the general public and spreading the message of Jesus
Christ in a society that is in critical need of this message. We believe we are blessed to live in a country,
state and town that values religious liberty and the First Amendment of our US Constitution.
3. Proposed Temporary Sign Design: Please see page 2 above for details of the proposed unique sign
design, as well as the attached exhibit with a drawing of the proposed sign design.
4. Proposed Temporary Sign Location: Please see page 2 above for details on the proposed sign location,
as well as the included exhibit site plan drawings of the SMDP Church property, with the proposed
location of the sign denoted on same.
5. Proximity to adjacent property owners: our proposed temporary sign location will be nearly 400 feet
from the adjacent property owners, east and west of Lot 3, wherein the property owner to the west is a
Children’s Hospital under construction and the property to the east is undeveloped private property.
6. Future Plans: SMDP Church & School is considering plans to seek Town of Prosper permission for a
permanent Monument Sign, on Lot 3 in the vicinity of the subject proposed temporary sign. SMDP
anticipates proposing this monument sign within the next one to two years, such that the present
temporary sign plan will just be bridging time until we can get a permanent monument sign on Lot 3.
7. List of Exhibits contained herein: the following describes the exhibits attached hereto:
a. This document: SMDP Sign Plan and Letter of Intent;
b. Completed Sign Ordinance Petition for Waiver application;
c. Various Drawings of the property (w/ sign location denoted) & proposed sign drawing;
d. Tax Exempt certificate for SMDP Church.
Page 107
Item 12.
4 | P a g e S M D P S i g n – P e t i t i o n f o r W a i v e r
September 3, 2019
Many thanks to the Town of Prosper Mayor, City Council Members, and the Director of Development
Services for considering this sign ordinance waiver petition.
For any questions &/or feedback regarding this waiver application please contact:
Paul Parkes
Prosper Resident (196 Springbrook Dr., Prosper, TX 75078)
SMDP Catholic Church Parishioner
Deputy Grand Knight, SMDP Knights of Columbus, Council #17304
Phone: 678-612-1167
Email: paul.parkes@ge.com
Page 108
Item 12.
Page 1 of 2
To: Mayor and Town Council
From: Chuck Springer, Executive Director of Administrative Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 8, 2019
Agenda Item:
Consider and act upon an ordinance amending Ordinance No. 19-65 (FY 2019-2020 Budget).
Description of Agenda Item:
SAFER Grant
As discussed during the budget presentation, the Town had applied for the Staffing for Adequate
Fire and Emergency Response (SAFER) grant program. In order to prevent the grant denial, the
Town did not fund the six firefighters due to grant supplanting. Federal funds must be used to
supplement existing local funds and not replace funds that have been appropriated or allocated
for the same purpose. Therefore, the Town did not budget such positions and was planning on
presenting to Council a budget amendment once the Town was notified of the grant award. This
budget amendment will increase revenues by $372,672 in the General Fund for this grant and
increases expenditures by $791,689 for the firefighter positions.
State Homeland Security Program-Grant
The Town of Prosper has been awarded grant proceeds to assist the Police Department for the
purchase of four binocular night vision goggles to be purchased out of FY 2019-2020 budget.
This is a 100% federal share reimbursement grant and Council adopted a resolution to accept
this grant on September 24, 2019. This budget amendment increases revenues in the General
Fund by $32,000 for this grant and increases the Police Department expenditure budget by
$32,000 to purchase such approved night vision goggles with the grant proceeds.
Compensation Plan
The proposed ordinance is amending General Fund, Special Revenue-Crime Control and Fire
Control Districts, Water/Sewer Fund, and Storm Drainage Fund expenditures for FY 2019-2020.
At the time the budget was adopted, the market adjustment was reflected to be phased in over a
three-year period. This budget amendment will allow for the market adjustments to be fully
implemented in FY 2019-2020. This will increase expenditures in the General Fund by $288,400,
in the Crime Control and Prevention Special Purpose District Fund by $18,951, in the Fire Control,
Prevention and Emergency Medical Services Special Purpose District Fund by $18,070, in the
Water and Sewer Fund by $41,330, and in the Storm Drainage Fund by $721.
Fire Department Brush Truck Replacement
This budget amendment allows for the replacement of the Fire Department brush truck in FY
2019-20. The Fire Department budget is increased by $108,969 to allow for a transfer to the
Vehicle and Equipment Replacement Fund. The amendment also increases the revenues and
Prosper is a place where everyone matters.
FINANCE DEPARTMENT
Page 109
Item 13.
Page 2 of 2
expenditures of the Vehicle and Equipment Replacement Fund by $108,969 to allow for this
purchase.
Budget Impact:
Exhibit A attached to the ordinance reflects the total budget adjustments.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the budget
amendment ordinance as to form and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends approval of an ordinance amending Ordinance No. 19-65 (FY 2019-2020
Budget) to provide budget authority to increase revenues and expenditures in the General Fund,
to increase revenues and expenditures in the Vehicle and Equipment Replacement Fund, and to
increase expenditures in the Crime Control and Prevention Special Purpose District Fund, Fire
Control, Prevention, and Emergency Medical Service Special Purpose District Fund, Water-
Sewer Fund, and Storm Drainage Fund.
Recommended Motion:
I move to approve an ordinance amending Ordinance No. 19-65 (FY 2019-2020 Budget) to
provide budget authority to increase revenues and expenditures in the General Fund, to increase
revenues and expenditures in the Vehicle and Equipment Replacement Fund, and to increase
expenditures in the Crime Control and Prevention Special Purpose District Fund, Fire Control,
Prevention and Emergency Medical Services Special Purpose District Fund, Water-Sewer Fund,
and Storm Drainage Fund.
Page 110
Item 13.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 19-65 (FY 2019-2020 BUDGET) AND ALLOCATING FUNDS
TO FUND INCREASED REVENUE OF $404,672 AND EXPENDITURES OF
$1,221,058 IN THE GENERAL FUND BUDGET; INCREASED EXPENDITURES
OF $18,951 IN THE CRIME CONTROL AND PREVENTION SPECIAL PURPOSE
DISTRICT FUND; INCREASED EXPENDITURES OF $18,070 IN THE FIRE
CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES SPECIAL
PURPOSE DISTRICT FUND; INCREASED REVENUE OF $108,969 AND
EXPENDITURES OF $108,969 IN THE VEHICLE EQUIPMENT AND
REPLACEMENT FUND BUDGET; INCREASED EXPENDITURES OF $41,330
IN THE WATER/SEWER FUND; INCREASED EXPENDITURES OF $721 IN THE
STORM DRAINAGE FUND; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has
investigated and determined that it will be beneficial and advantageous to the residents of the
Town of Prosper, Texas (“Prosper”), to amend Ordinance No. 19-65 (FY 2019-2020 Budget) for
the purposes listed in Exhibit “A,” attached hereto and incorporated herein by reference; and
WHEREAS, the changes will result in budgeted funds being reallocated among different
funds and departments and a net neutral increase in the budget for funding from fund balance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to Ordinance No. 19-65 (FY 2019-2020 Budget). Ordinance No. 19-65 (FY
2019-2020 Budget) is hereby amended to allow for increases to appropriations as shown in
Exhibit “A,” attached hereto and incorporated herein by reference.
SECTION 3
Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance
are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the
repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any
violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting
ordinances shall remain in full force and effect.
SECTION 4
Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
Page 111
Item 13.
Ordinance No. 19-__, Page 2
and effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.
SECTION 5
Effective Date. This Ordinance shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 8TH DAY OF OCTOBER, 2019.
TOWN OF PROSPER, TEXAS
___________________________________
Ray Smith, Mayor
ATTEST TO:
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
________________________________
Terrence S. Welch, Town Attorney
Page 112
Item 13.
GENERAL FUND Original
Budget
Current
Budget
Amended
Budget
Increase
(Decrease)
Revenue:
All Revenue Sources $ 30,312,820 $ 30,312,820 $ 30,717,492 $ 404,672
Total $ 30,312,820 $ 30,312,820 $ 30,717,492 $ 404,672
Expenditures:
Administration $ 5,442,763 $ 5,442,763 $ 5,731,163 $ 288,400
Police Services 5,496,662 5,496,662 5,528,662 32,000
Fire Services 6,384,111 6,384,111 7,284,769 900,658
Public Works 2,963,896 2,963,896 2,963,896 -
Community Services 4,631,138 4,631,138 4,631,138 -
Development Services 3,211,835 3,211,835 3,211,835 -
Engineering 1,734,793 1,734,793 1,734,793 -
Total $ 29,865,198 $ 29,865,198 $ 31,086,256 $ 1,221,058
SPECIAL REVENUE FUNDS Original
Budget
Current
Budget
Amended
Budget
Increase
(Decrease)
Crime Control and Prevention District
All Revenue Sources $ 1,343,204 $ 1,343,204 $ 1,343,204 $ -
Total $ 1,343,204 $ 1,343,204 $ 1,343,204 $ -
Crime Control - Total Expenditures $ 1,308,204 $ 1,308,204 $ 1,327,155 $ 18,951
Total $ 1,308,204 $ 1,308,204 $ 1,327,155 $ 18,951
Fire Control and Prevention District
All Revenue Sources $ 1,343,204 $ 1,343,204 $ 1,343,204 $ -
Total $ 1,343,204 $ 1,343,204 $ 1,343,204 $ -
Fire Control - Total Expenditures $ 1,308,204 $ 1,308,204 $ 1,326,274 $ 18,070
Total $ 1,308,204 $ 1,308,204 $ 1,326,274 $ 18,070
Vehicle Equipment and Replacement
All Revenue Sources $ 2,251,101 $ 2,251,101 $ 2,360,070 $ 108,969
Total $ 2,251,101 $ 2,251,101 $ 2,360,070 $ 108,969
VERF - Total Expenditures $ 896,167 $ 896,167 $ 1,005,136 $ 108,969
Total $ 896,167 $ 896,167 $ 1,005,136 $ 108,969
WATER/SEWER FUND Original
Budget
Current
Budget
Amended
Budget
Increase
(Decrease)
Revenue:
All Revenue Sources $ 24,953,626 $ 24,953,626 $ 24,953,626 $ -
Total $ 24,953,626 $ 24,953,626 $ 24,953,626 $ -
Expenditures:
Administration $ 2,396,949 $ 2,396,949 $ 2,438,279 $ 41,330
Debt Service 3,930,237 3,930,237 3,930,237 -
Water Purchases 5,690,642 5,690,642 5,690,642 -
Public Works 12,938,373 12,938,373 12,938,373 -
Total $ 24,956,201 $ 24,956,201 $ 24,997,531 $ 41,330
STORM DRAINAGE FUND Original
Budget
Current
Budget
Amended
Budget
Increase
(Decrease)
Revenue:
All Revenue Sources $ 638,156 $ 638,156 $ 638,156 $ -
Total $ 638,156 $ 638,156 $ 638,156 $ -
Expenditures:
Operating Expenses $ 293,533 $ 293,533 $ 294,254 $ 721
Debt Service 248,641 248,641 248,641 -
Transfers Out 100,135 100,135 100,135 -
Total $ 642,309 $ 642,309 $ 643,030 $ 721
Total Revenue 513,641$
Total Expenditures 1,409,099$
Net Effect All Funds (895,458)$
EXHIBIT "A"
BUDGET AMENDMENT
FISCAL YEAR 2019-2020
October 8, 2019
Page 113
Item 13.