10.11.22 Town Council Regular Meeting PacketPage 1 of 4
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Prosper is a place where everyone matters.
Notice Regarding Public Participation
Welcome to the Prosper Town Council. Individuals may attend the meeting in person, or
access the meeting via videoconference, or telephone conference call.
Join the Zoom Meeting by clicking on the following link:https://us02web.zoom.us/j/87189889684
To join the meeting by phone, dial (346) 248-7799
Enter Meeting ID: 871 8988 9684
Addressing the Town Council:
Those wishing to address the Town Council must complete the located on the Town website or
in Council Chambers.
If you are attending in person, please submit this form to the Town Secretary prior to the
meeting. When called upon, please come to the podium and state your name and address for the
record.
If you are attending online/virtually, please submit this form to the Town Secretary prior to 4:00
p.m. on the day of the meeting. Please ensure your full name appears on the screen and you are
unmuted so the meeting moderator can recognize you and allow you to speak. The Chat feature
is not monitored during the meeting. The Town assumes no responsibility for technical issues
that are beyond our control.
If you encounter any problems joining or participating in the meeting, please call our
help line at 972-569-1191 for assistance.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Veteran's Memorial funding presentation. (RB)
2. Recognize outgoing Board and Commission members. (MLS)
3. Receive an update from the Library Department. (LS)
Agenda
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, October 11, 2022
6:15 PM
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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.
4. Consider and act upon the minutes of the September 27, 2022, Town Council meeting.
(MLS)
5. Consider and act upon authorizing the Interim Town Manager to execute an Interlocal
Agreement between the City of Frisco, and the Town of Prosper, Texas, related to the
median maintenance and improvements on US Highway 380 from Mahard Parkway
to Lovers Lane. (PN)
6. Consider and act upon the purchase of playground equipment for Lakewood Preserve
Park, Phase II (project# 2107-PK) from Game Time/Cunningham Recreation using
Buyboard contract #592-19 through the Texas Local Government Purchasing
Cooperative; and authorizing the Interim Town Manger to execute documents for the
same. (PN)
7. Consider and act upon approving an agreement with Medical Center of Plano for
Medical Control and Continuing Education Services; and authorizing the Interim Town
Manager to execute the same. (SB)
8. Consider and act upon approving the purchase of uniforms and equipment from Galls,
LLC through the City of Frisco cooperative best value bid (1905-082). (SB)
9. Consider and act upon approving the purchase of pharmaceuticals and emergency
medical supplies from Bound Tree Medical, LLC, at the unit prices bid through a City
of Richardson contract. (SB)
10. Consider and act upon an ordinance abandoning a portion of Good Hope Road
prescriptive right-of-way, located south of Parvin Road, beginning at a point directly
north of Mill Pond Drive and extending for 625± feet. (PC)
11. Consider and act upon an ordinance abandoning a portion of Good Hope Road
prescriptive right-of-way, located south of Parvin Road, beginning 300± feet north of
Kinglet Drive and extending northward approximately 1,200 feet. (PC)
12. Consider and act upon an ordinance renaming a segment of Fishtrap Road to First
Street located between Legacy Drive and Gee Road. (MD22-0007) (PC)
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 Comment
Request Form” 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 Comment Request Form” 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.
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Items for Individual Consideration:
13. Conduct a public hearing and act upon a request to amend the Future Land Use Plan
from Residential Low Density to Retail and Neighborhood Services, generally located,
located on the east side of Preston Road, north of St. Peter Lane. (CA22-0001). (DS)
14. Conduct a public hearing and act upon a request to rezone 13.3± acres from Single
Family-15 (SF-15) to Planned Development-Retail (PD-R), generally to allow for an
office/retail development, located on the east side of Preston Road, north of St. Peter
Lane. (Z21-0003). (DS)
15. Consider and act upon the appointment of members to the Comprehensive Plan
Advisory Committee. (DS)
16. Consider and act upon approval of a job description, ideal candidate profile, and
section criteria matrix for the position of Town Manager. (RKP)
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
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 and all
matters incident and related thereto.
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 551.074 – To discuss and consider personnel matters and all matters incident
and related thereto.
Section 551.074 - To discuss appointments to the Comprehensive Plan Advisory
Committee, and all matters incident and related thereto.
Section 551.074 - To consult with the Town Attorney regarding legal issues relative to
Article 4.11 of the Town Code of Ordinances, and all matters incident and related
thereto.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
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 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on
Friday, October 7, 2022, and remained so posted at least 72 hours before said meeting was
convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
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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 5:45 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Jeff Hodges
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Council Members Absent:
Councilmember Charles Cotten
Staff Members Present:
Ron K. Patterson, Interim Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Bob Scott, Executive Director of Administrative Services
Robyn Battle, Executive Director of Community Services
Hulon Webb, Interim Executive Director of Development and Infrastructure Services
Pete Anaya, Assistant Director of Engineering Services / CIP
David Soto, Planning Manager
Todd Rice, Communications Manager
Dan Baker, Parks and Recreation Director
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Isaac Varela led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag
were recited.
An nouncements of recent and upcoming events.
Councilmember Kern made the following announcements:
Thank you to who attended the Moonlight Movie this past weekend. A special thanks to all the
staff who helped put the event together.
The Prosper Police Officers Association and the Prosper Firefighters Association will hold the
second annual Battle of the Badges softball game on Saturday, October 1, at the Prosper High
School Baseball Field. Carter Bloodcare will be on site for a blood drive from 10am-3pm and the
game starts at 1pm.
National Night Out is on Tuesday, October 4. The Prosper Police Department, Prosper Fire
Rescue, Prosper ISD Police and First Responder Volunteers will be participating “First Responder
MINUTES
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, September 27, 2022
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Item 4.
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Parades” with sirens and lights. If you are interested in first responders driving through your
neighborhood for National Night Out, please register your street through the Police Department
page on the Town’s website.
A Mayor’s Luncheon for Active Adults 55+ will take place on Wednesday, October 5 from 11:00
a.m. to 1:00 p.m. at the Church of Jesus Christ for Latter-day Saints. Reserve your spot today by
contacting Brant Holland in the Parks and Recreation Department.
Join us for “Celebrate Prosper BBQ & Blues” on Saturday, October 8 at Frontier Park from 5:00
p.m. to 9:00 p.m. This fun community celebration will feature live music and BBQ. The event is
presented by the Parks and Recreation Department with support of Sponsors and community
partners. Visit the Town’s website for more information.
The Town will host its first annual pickleball tournament on Saturday, November 5. Games will be
played at the Reynolds Middle School tennis courts in Prosper. More details coming soon, or you
may contact the Parks and Recreation Department.
Join the Town for its annual Arbor Day Celebration on Saturday, November 5 at Hackberry Park
(corner of Goldenrod Land and Freeman Way within Windsong Ranch) for a fun morning of
planting and learning about trees.
Councilmember Bartley thanked all those for the new resident mixer held and announced several
of the community organizations and the events taking place within the community.
Presentations.
1. Presentation of a Proclamation declaring the month of October 2022 as National
Breast Cancer Awareness month. (MLS)
Mayor Bristol read and presented a Proclamation to Natile Tuman and members of
the Tuman Breast Cancer Foundation.
2. Presentation of a Proclamation to members of the Prosper Police and Fire
Departments declaring October 4, 2022, as National Night Out. (MLS)
Mayor Bristol read and presented a Proclamation to the Prosper Police and Fire Chiefs
and staff.
3. Presentation of a Proclamation to members of the Prosper Fire Rescue declaring
the month of October 2022 as Fire Prevention month. (MLS)
Mayor Bristol read and presented a Proclamation to the Prosper Fire and Rescue
Department.
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.
4. Consider and act upon the minutes of the September 13, 2022, Town Council
work session meeting. (MLS)
5. Consider and act upon the minutes of the September 13, 2022, Town Council
meeting. (MLS)
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6. Consider and act upon approving a renewal to a Microsoft Enterprise
Agreement, from SHI Government Solutions, Inc., through a Texas Department
of Information Resources (DIR) Purchasing Contract; and authorizing the Town
Manager to execute all related documents for the same. (LJ)
7. Consider and act upon approving the purchase of network switches, from
CDWG, Inc., through a Sourcewell Purchasing Contract. (LJ)
8. Consider and act upon authorizing the Interim Town Manager to execute a Park
Dedication and Park Maintenance Agreement between PR LADERA, LLC, and
the Town of Prosper, Texas, related to the dedication of public park property
within the Ladera development. (DB)
9. Consider and act upon Ordinance 2022-57 for a Specific Use Permit (SUP) for a
Private Street Development, on 16.4± acres, located on the south side of First
Street, east of Coit Road. (S22-0008). (DS)
10. Consider and act upon Ordinance 2022-58 request to rezone 5.6± acres from PD-
21 and Single Family-15 (SF-15) to a new Planned Development-Office/Retail
(PD-O/R) for office and retail uses, located on the west side of Preston Road
north of Broadway Street. (Z22-0014). (DS)
11. Consider and act upon authorizing the Interim Town Manager to execute a
Development Agreement between Prosper Texas Capital LLC, and the Town of
Prosper, Texas, related to the Winikates North development, located on the west
side of Preston Road north of Broadway Street. (DS)
12. Consider and act upon Ordinance 2022-59 to rezone 11.3+- acres of Commercial
(C) to Planned Development-Commercial (PD-C) to allow uses such as luxury
office/warehouse, automobile storage, and recreational vehicle parking, located
on the west side of Coleman Street, south of Prosper Trail. (Z22-0008). (DS)
13. Consider and act upon authorizing the Interim Town Manager to execute a
Development Agreement between AMR Prosper Premium Storage LLC, and the
Town of Prosper, Texas, related to the Premium Garages development, located
on the west side of Coleman Street south of Prosper Trail. (DS)
14. Consider and act upon Ordinance 2022-60 amending the no parking zone on
Prince William Lane from Coleman Street to south of Highbridge Lane. (HW)
15. Consider and act upon approving a Services Agreement with Strategies 360,
Inc., for Strategic Communications Planning and Crisis Communications
Services, and authorizing the Interim Town Manager to execute the same. (RB)
16. Consider and act upon Ordinance 2022-61 amending Section 1.04.039 of
Division 3, "Community Engagement Committee" (CEC) of Article 1.04 of the
Town's Code of Ordinances by providing for the appointment of an alternate to
the Community Engagement Committee (CEC). (MLS)
17. Consider and act upon Ordinance 2022-62 amending Division 1 of Article 1.04,
"Board, Commissions, and Committees", of Chapter 1 of the Town's Code of
Ordinances by providing for term limits for members of Town Boards,
Commissions, and Committees. (MLS)
18. Consider and act upon Resolution 2022-64 designating The Prosper Press as
the official newspaper of the Town of Prosper, and The Dallas Morning News
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and The Frisco Enterprise as alternative advertising sources, for Fiscal Year
2022-2023. (MLS)
19. Consider and act upon approving a Development Agreement by and between
the Town of Prosper (“Town”), Texas, 310 Prosper, L.P. and 55 Prosper, L.P.
(collectively “Owners”) regarding the dedication of park land and a hike & bike
trail easement; and authorizing the Interim Town Manager to approve final
exhibits and execute all related documents for the same. (RKP)
20. 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, including Star Trail West Amenity Center. (DS)
Deputy Mayor Pro-Tem Andres stepped away from the dais.
Councilmember Ray made a motion to approve consent agenda items 4 through 20.
Mayor Pro-Tem Hodges seconded that motion, and the motion was approved with a
6-0 vote.
Deput Mayor Pro-Tem Andres returned to the dais.
CITIZEN COMMENTS
Barbara Nugent, 961 Grassy Shore Lane, expressed her concern for the traffic at the intersection
of Stargazer and Prosper Trail. She requested for the Town Council to consider crosswalks for
the pedestrian traffic. She also thanked the Parks and Recreation Department for planning the
senior trip to Downtown Dallas.
Items for Individual Consideration:
21. Conduct a public hearing and act upon a request to rezone 7.9± acres from
Office (O) to Planned Development-Office (PD-O), generally to modify the
development standards to facilitate an office/retail development, including
drive-through coffee shop as a permitted use, located on the northwest corner
of Preston Road and Coleman Road. (Z21-0013). (DS)
Mr. Soto stated this item was tables from the September 13 Town Council meeting.
Since that time, the applicant has made modifications to the development standards
and elevations. The applicant is proposing updates to uses, design standards, and
architectural standards. The applicant has agreed to enter into a Development
Agreement as well as excluding non-family friendly uses. Staff recommends approval.
The Town Council discussed the landscaping within the parking islands and that which
abuts to Preston Road. The Town Council also requested additional screening from
the patio for the dumpsters.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
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Item 4.
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The Town Council additionally discussed the percentage of masonry on the front
building, the maximum percentage of stucco used on each building, and the rear and
side yard setbacks.
Councilmember Ray made a motion to approve a request to rezone 7.9± acres from
Office (O) to Planned Development-Office (PD-O), generally to modify the
development standards to facilitate an office/retail development in accordance with the
Development Agreement located on the northwest corner of Preston Road and
Coleman Road.
Councilmember Bartley asked for clarification on the percentage of masonry.
Councilmember Ray stated the motion is for the 60%.
Motion dies due to lack of second.
Mayor Pro-Tem Hodges made a motion to deny a request to rezone 7.9± acres from
Office (O) to Planned Development-Office (PD-O), generally to modify the
development standards to facilitate an office/retail development, including drive-
through coffee shop as a permitted use, located on the northwest corner of Preston
Road and Coleman Road. Councilmember Kern seconded that motion. Motion fails
with a 2-4 vote. Councilmembers Ray, Bartley, Andres, and Mayor Bristol voting in
opposition.
Councilmember Bartley made a motion to approve a request to rezone 7.9± acres from
Office (O) to Planned Development-Office (PD-O), generally to modify the
development standards to facilitate an office/retail development, including a drive-
through restaurant as noted in the development standards located on the northwest
corner of Preston Road and Coleman Road with the front two buildings, Lots 1 and 2
to be 80% masonry, with the minimum side and rear yard setbacks be adopted as the
office district standards being 25 feet adjacent from a residential district and ten (10)
feet from a non-residential district, and 10% maximum amount of stucco to be used
on any building.
Motion dies due to lack of second.
Councilmember Ray made a motion to approve a request to rezone 7.9± acres from
Office (O) to Planned Development-Office (PD-O), generally to modify the
development standards to facilitate an office/retail development, including a drive-
through restaurant as noted in the development standards located on the northwest
corner of Preston Road and Coleman Road with the front two buildings, Lots 1 and 2
to be 80% stone/masonry and a maximum amount of 10% stucco to be used on any
building. Councilmember Bartley seconded that motion. Motion carries with a 4-2 vote.
Mayor Pro-Tem Hodges and Councilmember Kern voting in opposition.
22. Consider all matters incident and related to the issuance and sale of “Town of
Prosper, Texas, Combination Tax and Surplus Revenue Certificates of
Obligation, Series 2022”, including the adoption of Ordinance 2022-63
authorizing the issuance of such obligations and establishing procedures and
delegating authority for the sale and delivery of such obligations. (RBS)
Mr. Scott stated that this item will allow to proceed with the sale on September 29. The
estimated interest rate is 4.25% on twenty-year date, which will be used for major
infrastructure improvements.
Councilmember Ray made a motion to approve Ordinance 2022-63 authorizing the
issuance and sale of “Town of Prosper, Texas, Combination Tax and Surplus Revenue
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Certificates of Obligation, Series 2022” and approving all other matters related thereto.
Deputy Mayor Pro-Tem Andres seconded that motion, and the motion was
unanimously approved.
23. Consider and act upon Resolution 2022-65 to deny the application of Oncor
Electric Delivery Company LLC, for approval to increase system-wide
transmission and distribution rates within the Town. (RBS)
Mr. Scott stated the purpose of this item is to deny the rat change application proposed
by Oncor. Once adopted, Oncor will have thirty (30) days to appeal the decision to the
Public Utility Commission.
Deputy Mayor Pro-Tem Andres made a motion to approve Resolution 2022-65 to deny
the application of Oncor Electric Delivery Company LLC, for approval to increase
system-wide transmission and distribution rates within the Town. Mayor Pro-Tem
Hodges seconded that motion, and the motion was unanimously approved.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
24. Discuss the Collin County Bond Program Call for Projects. (PA)
Mr. Anaya presented an overview of the County’s Bond Program including the amount
of available funding, submission deadline, along with criteria and eligibility
requirements. Mr. Anaya outlined the two proposed approaches for intersection
improvements at Coit Road that the Town would plan to submit for the program.
The Town Council discussed the proposed options and submittal considerations.
25. Discussion regarding establishing a Downtown Committee. (RB)
Ms. Battle presented a proposed membership composition, and powers and authority
associated with the establishment of a Downtown Committee.
The Town Council discussed the need for defining the boundaries of the Downtown
District, the make-up of the committee, and whether to start as an Ad-Hoc Committee
or stand-alone committee.
26. Discuss the Town Logo. (RB)
Ms. Battle presented three versions of the logo based on previous feedback received
along with the costs associated for the rebranding. Staff is requesting direction and
feedback on how to proceed.
The Town Council discussed the options presented with the consensus to clean up
our current logo by developing a graphic identity, branding standards, and limited color
palette and fonts.
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 and all matters
incident and related thereto.
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.
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Item 4.
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Section 551.074 – To discuss and consider personnel matters and all matters incident and related
thereto.
Section 551.071 - To consult with the Town Attorney regarding legal issues associated with
independent contractors, and all matters incident and related thereto.
Section 551.071 - To consult with the Town Attorney regarding legal issues associated with
Chapter 551 and 552 of the Texas Government Code, and all matters incident and related thereto.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of
Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation
Board, Planning & Zoning Commission, and the Community Engagement Committee, and all
matters incident and related thereto.
The Town Council recessed into Executive Session at 7:20 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 9:12 p.m.
Councilmember Bartley made a motion to appoint the following to the Town’s Boards and
Commissions.
Board of Adjustment/Construction
Board of Appeals
Term Expires
Place 2: Grant Mendeljian 09/30/2024
Place 4: Cliff Freeman 09/30/2024
Place 6: CJ Alexander 9/30/2024
Economic Development Corporation Term Expires
Place 1: Roger Thedford 09/30/2025
Place 3: David Blom 09/30/2025
Library Board Term Expires
Place 2: Jennifer Lawler 09/30/2024
Place 4: Mary Beth Randecker 09/30/2024
Place 6: Jennifer Wattenbarger 09/30/2024
Parks and Recreation Board Term Expires
Place 2: Daniel Knox 09/30/2024
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Place 4: Bob Benson 09/30/2024
Place 6: Megan Brandon 09/30/2024
Planning and Zoning Commission Term Expires
Place 2: Mike Pettis 09/30/2024
Place 4: Doug Charles 09/30/2024
Place 6: Damon Jackson 09/30/2024
Community Engagement Committee Term Expires
Place 4: Kari Willis 09/30/2024
Place 9: Gretchen Darby 09/30/2023
Alternate: Britt Beene 09/30/2024
Mayor Pro-Tem Hodges seconded that motion, and the motion was unanimously approved.
Mayor Pro-Tem Hodges requested as part of the future agenda items for staff to review the
intersection mentioned during Citizen Comments, and see if the area warrants crosswalks, as
well as study the intersection of First Street and Knoll Trail for the same.
Adjourn.
The meeting was adjourned at 9:15 p.m.
These minutes approved on the 11th day of October 2022.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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PARKS AND RECREATION
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Dan Baker, Parks and Recreation Director
Through: Ron K. Patterson, Interim Town Manager
Robyn Battle, Executive Director of Community Services
Re: Town Council Meeting – October 11, 2022
____________________________________________________________________________
Agenda Item:
Consider and act upon authorizing the Interim Town Manager to execute an Interlocal Agreement
between the City of Frisco, and the Town of Prosper, Texas, related to the median maintenance
and improvements on US Highway 380 from Mahard Parkway to Lovers Lane.
Description of Agenda Item:
The attached Interlocal Agreement (ILA) between the City of Frisco and the Town of Prosper
covers the maintenance, as well as the design, of median improvements and roadway illumination
from Mahard Parkway to Lovers Lane. The attached agreement memorializes the responsibility
of each municipality. The agreement addresses three main areas as described briefly below. The
financial ramifications are shown in the attached exhibit.
Existing Median Maintenance
Prosper has bid the work and will manage the maintenance contract to maintain the existing
median from Mahard Parkway to Lovers Lane. Frisco and Prosper will each be responsible for
50% of the total cost of maintenance.
Median Improvements
Prosper has engaged a professional engineering and landscape architecture firm to prepare
construction documents for the TxDOT Green Ribbon Funding Program, in the amount of
$95,000. The plans have been submitted to TXDOT and will be bidding out by the Town within
the next couple of months and will be responsible for the construction administration. Funding for
these landscape improvements were outlined in the Advance Funding Agreement between
TxDOT and the Town of Prosper, approved at the July 26, 2022, Town Council meeting.
Prosper will bid and manage the long-term maintenance of the median landscape improvements.
Frisco will reimburse Prosper for Frisco’s portion of the maintenance cost.
Roadway Illumination
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Item 5.
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The City of Frisco has engaged a professional engineering firm to provide construction documents
for the installation of illumination fixtures and poles along US 380 from Denton County Line to
Lovers Lane, in the amount of $100,500. Frisco will manage the bidding and construction project
for this work. Frisco and Prosper agree to fund its proportional share of costs in the event the cost
of the illumination improvements exceed the funding provided by an Advanced Funding
Agreement for Highway Safety Improvement Program Project between Frisco and TxDOT, which
is currently estimated at $600,000.
Frisco will maintain the roadway illumination from Denton County Line to Lovers Lane. The City
of Frisco and the Town of Prosper will f ile against the driver’s insurance, when possible, for the
cost of repairs associated with automobile accidents. Prosper will reimburse Frisco 50% of the
cost of repairs incurred with keeping the system operational, as well as 50% of the cost associated
with repairs when Frisco is not able to collect on insurance claims for auto accidents.
Each municipality will pay its proportionate share of the cost based on length of roadway within
their City/Town boundaries.
Budget Impact:
Funding of the landscape improvements will be per the Advance Funding Agreement that was
approved at the July 26, 2022, Town Council meeting. The cost for the existing median
maintenance is $8,000 and is funded from account 100-5480-60-02. The cost for the median
improvement design work was $95,000 (funded from account 100-5410-60-01-1813PK) and was
to be split 50% with the City of Frisco. The cost for the roadway illumination construction document
preparation was $100,500 (funded by the City of Frisco) and was to be split 50% with the Town
of Prosper. The City of Frisco and the Town of Prosper have agreed to pay 100% of their
respective contracts instead of splitting them 50% since their respective contracts were similar in
total costs. As for the current estimated $600,000 in excess costs for the roadway illumination
construction, the Town’s $300,000 of funding was approved in the FY 2022-2023 Budget from
the West Thoroughfare Impact Fee Fund.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attachments:
1. Interlocal Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Interim Town Manager to execute
an Interlocal Agreement between the City of Frisco, and the Town of Prosper, Texas , related to
the median maintenance and improvements on US Highway 380 from Mahard Parkway to Lovers
Lane.
Proposed Motion:
I move to authorize the Interim Town Manager to execute an Interlocal Agreement between the
City of Frisco, and the Town of Prosper, Texas, related to the median maintenance and
improvements on US Highway 380 from Mahard Parkway to Lovers Lane.
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Item 5.
ILA Between Frisco and Prosper Page 1 of 31
3759042
EXHIBIT # _______________
INTERLOCAL AGREEMENT BETWEEN
THE TOWN OF PROSPER, TEXAS AND THE CITY OF FRISCO, TEXAS
FOR MEDIAN MAINTENANCE AND IMPROVEMENTS ON US HIGHWAY 380 FROM
DENTON COUNTY LINE TO LOVERS LANE
THIS AGREEMENT (“Agreement”) is made and entered into by and between the
TOWN OF PROSPER, TEXAS, a home-rule municipal corporation, hereinafter referred
to as (“Prosper”); and the CITY OF FRISCO, TEXAS, a home-rule municipal corporation,
hereinafter referred to as (“Frisco”).
WHEREAS, the Interlocal Cooperation Act (“Act”), codified at Chapter 791 of the
Texas Local Government Code, authorizes units of local government to contract with one
or more units of local government to perform governmental functions and services; and
WHEREAS, Prosper and Frisco are political subdivisions of the State of Texas and
are engaged in the provision of governmental services for the benefit of their citizens and
users; and
WHEREAS, this Agreement is entered into pursuant to the authority, under the
provisions of, and in accordance with, the Act for the performance of governmental
functions and services; specifically, the Existing Median Maintenance project (as
described herein), the Median Improvements project (as described herein) and the
Roadway Illumination project (as described herein) (collectively, “Project”); and
WHEREAS, Prosper and Frisco have determined that the Project may be
completed and maintained most economically by implementing this Agreement; and
WHEREAS, each of Prosper and Frisco has current funds available to satisfy any
fees and costs required pursuant to this Agreement.
NOW, THEREFORE, in consideration of the covenants and conditions contai ned
in this Agreement, Prosper and Frisco agree as follows:
I.
TERM; TERMINATION
This Agreement is effective upon the execution and delivery by all parties, and
shall continue in effect for a period of one (1) year; provided, however, that the initial term
of this Agreement will automatically be extended for successive one -year periods
thereafter, unless any party gives written notice to the other parties to the contrary not
less than ninety (90) days prior to the expiration of the then-current term. Notwithstanding
the foregoing, however, this Agreement may be terminated by any party, with or without
cause, and without penalty or prejudice to any other remedy it may be entitled to at law,
or in equity or otherwise under this Agreement, by giving the other parties at least ninety
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(90) days’ prior written notice of the termination date, in which event this Agreement shall
terminate as to all parties as of such termination date.
II.
ROLES AND RESPONSIBILITIES OF THE PARTIES
A. Existing Median Maintenance
1. Prosper shall maintain the existing median of the US Highway 380 from Denton
County Line to Lovers Lane and described in Exhibit 1, including all median and
island areas but excluding paved areas intended for vehicular travel, in a functional
and aesthetically pleasing condition (collectively, “Existing Median Maintenance”).
The Existing Median Maintenance for landscape elements shall include mowing,
edging, blowing and trash pickup.
2. Prosper and Frisco have agreed to the proposed maintenance services that will be
provided by one or more contractors. Prosper will execute a contract with such
contractor(s) in accordance with Prosper purchasing requirements after execution
of this Agreement. In the event that Prosper determines additional, “on-demand”
work is required in excess of the contract amounts due to seasonal conditions or
excess trash, each party will be responsible for their proportionate share of the
cost of such work based on linear feet of roadway per Exhibit 1. More particularly,
pursuant to calculations based on said Exhibit 1, Prosper will be responsible for
50% and Frisco 50% of the total cost of the proposed maintenance services and
any additional, “on demand” work. Prosper will notify Frisco prior to authorizing
such “on-demand” work.
3. The cost of future maintenance services will be adjusted in the future and
memorialized in an amendment to this Agreement to account for the construction
of additional improvements that are anticipated in connection with the Roadway
Illumination project and/or the Median Improvement project in the same proportion
set forth in Subparagraphs 2 and 3, herein above.
4. Prosper shall designate a program liaison who will manage Existing Median
Maintenance Median Maintenance program details and coordinate with Frisco’s
designated liaisons for Existing Median Maintenance.
5. Frisco shall designate a program liaison who will manage Existing Median
Maintenance program details and coordinate with Prosper’s designated liaisons
for Existing Median Maintenance.
B. Median Landscape Improvements and Maintenance
1. Prosper and Frisco have agreed to the scope of services and Prosper has engaged
a landscape architecture firm, hereafter referred to as the “Median Improvement
Consultant,” to prepare a design for median landscape improvements for US
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Highway 380 from Denton County Line to Lovers Lane (collectively, the “Median
Improvements”). The Design work has progressed in a collaborative process
where each party has reviewed progress sets and made comments as to their
desires. The Median Improvement Consultant will also prepare construction
documents, specifications and cost estimates suitable for submission to the Texas
Department of Transportation (“TxDOT”) and suitable for bidding and constructing
the Median Improvement project. Frisco and Prosper will continue to receive
progress sets for comments.
2. Prosper shall submit the Median Improvement project to TxDOT to be considered
for the TxDOT Green Ribbon Funding Program. Prosper will manage the
construction of the Median Improvement project if the project is selected to receive
funding from TxDOT. Frisco and Prosper agree to each fund their proportional
share of the cost of any items that were mutually agreed to be included in the future
design of the Median Improvement project but not funded by TxDOT on the section
of US380 from Denton County Line to Lovers Lane. The Median Improvement
Consultant will provide quantities and estimates that detail the proportionate costs
for Frisco and Prosper.
3. Frisco and Prosper agree that Prosper shall coordinate with service providers for
the installation of electrical and water services, and the services shall be designed
and placed in mutually acceptable location. Due to site conditions, electrical and/or
water service may be located in Frisco or Prosper but in no case will there be a
cross connection between municipal water systems.
4. Prosper shall engage the Median Improvement Consultant and manage the design
contract and TxDOT submittal for the Median Improvement project. In the event
that TxDOT does not manage the construction of the Median Improvement project,
Prosper shall manage such construction . All construction and improvements in
connection with the Median Improvement project shall be designed to meet or
exceed the current TxDOT design standards and shall be constructed in
accordance with the plans and specifications approved by Frisco and Prosper.
5. Frisco and Prosper agree that Prosper shall provide long-term maintenance of all
improvements and landscaping within the median of the roadway that is located
along US Highway 380 from the Denton County Line to Lovers Lane and shown in
Exhibit 1, including all median and island areas but excluding paved areas
intended for vehicular travel, in a reasonably timely manner. Landscape
maintenance shall include but not be limited to plant maintenance, plant
replacement, mowing and trimming, applications of herbicides and pesticides,
hardscape element maintenance and irrigation system operation, maintenance
and cost of irrigation water. All landscape elements will be maintained in a
functional and aesthetically pleasing condition.
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7. Prosper and Frisco shall designate a program liaison who will manage program
details and coordinate with the respective designated liaisons during the design
process and all maintenance activities.
8. Frisco and Prosper agree to each fund its proportional share of long-term
maintenance costs associated with the Median Improvements. Per Exhibit 1, the
proportionate share cost will be Frisco 50% and Prosper 50% of the maintenance
cost associated for the area between US Highway 380 from De nton County Line
to Lovers Lane.
9. All utility costs will be split proportionally based on Exhibit 1. The proportional utility
cost will be Frisco 50% and Prosper 50% of the costs associated with for the area
between US Highway 380 from Denton County Line to Lovers Lane.
C. Roadway Illumination and Maintenance
1. Frisco and Prosper agree to the scope of services for roadway illumination. Frisco
and Prosper mutually agree that it will be beneficial to each for roadway
illumination to be installed and maintained along a portion of US Highway 380 from
Denton County Line to Lovers Lane referenced in Exhibit 2 (collectively, “Roadway
Illumination”) prior to the installation of the Median Improvements as contemplated
in Section II (B) above. Frisco and Prosper shall provide reasonably adequate staff
resources to ensure that the Roadway Illumination project is designed and
constructed. It is anticipated that work will be finished _________________.
2. Frisco shall manage the bidding and construction of the Roadway Illumination. All
construction and improvements in connection with the Roadway Illumination
project shall be designed to meet or exceed the current TxDOT design standards
and shall be constructed in accordance with the plans and specifications approved
by the parties.
3. The Roadway Illumination fixtures, poles and other improvements (collectively, the
“Illumination Improvements”) shall be as mutually approved by Frisco and Prosper,
such approval not to be unreasonably withheld, conditioned or delayed . The
parties agree that electrical service to the Illumination Improvements shall be
placed in a mutually acceptable location and that, due to site conditions, electrical
service may be located in either or both of the cities.
4. Prosper and Frisco agree that Frisco shall provide long-term maintenance of the
Illumination Improvements in a reasonably timely manner to ensure that that the
Roadway Illumination remains operational on the section of US380 from Denton
County Line to Lovers Lane. This maintenance shall include but not be limited to
trouble shooting outages; replacing bulbs, fixtures or poles; providing on-call
services for repairs; and responding to accidents that cause damage to the
Illumination Improvements. Subject to any reductions for recovery of costs
pursuant to Subparagraph 6, herein below, Prosper will reimburse Frisco as
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provided in Article III for Frisco’s costs associated with the long-term maintenance
of the Illumination Improvements.
5. Frisco and Prosper shall use reasonable efforts to seek reimbursement from the
responsible party, if known, and/or the responsible party’s insurance for all
damages to the Illumination Improvements resulting from an accident occurring in
the cities’ respective city limits. In the event that Frisco or Prosper is unable to
recover the full cost of replacement or repair from the responsible party and/or the
responsible party’s insurance, the cost of replacement or repair shall be equally
shared by Prosper, on the one hand, and the city in which the accident occurred,
on the other.
6. When the Illumination Improvements require replacement as the end of their
respective life cycles, as determined by Frisco in its sole discretion, Frisco shall
replace such Illumination Improvements and Prosper will reimburse Frisco for one-
half of the costs of the same.
III.
CONSIDERATION
A. Roadway Illumination and Maintenance
1. Pursuant to the terms of that certain Advanced Funding Agreement For Highway
Safety Improvement Program Project between Frisco and TxDOT, Frisco will
receive funding from TxDOT in the amount of _________ and No/100 Dollars
($_________) as shown in Exhibit 3.
2. Frisco and Prosper agree to each fund its proportional share of costs in the event
that the cost of Illumination Improvements exceed the funding provided in the
Agreement. The proportionate share cost will be Frisco 50% and Prosper 50%
for the area between US Highway 380 from Denton County Line to Lovers Lane.
3. In consideration for Frisco’s obligations herein, Frisco shall submit to Prosper
monthly itemized invoices of all expenses incurred by Frisco during the prior thirty
(30) day period. Payments are due within thirty (30) days after receipt.
4. In consideration for Prosper’s obligations herein, Prosper shall submit to Frisco
monthly itemized invoices of all expenses incurred by Frisco during the prior thirty
(30) day period. Payments are due within thirty (30) days after receipt.
B. Roadway Illumination Removal
1. Frisco and Prosper agree that, in the event TxDOT requires some or all of the Illumination
Improvements to be removed prior to ten years from the execution of this agreement
along US Highway 380 from Denton County Line to Lovers Lane shown in Exhibit 2,
Frisco and Prosper will determine a mutually acceptable salvage valu e to be paid by the
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party taking possession of the poles. If the removal occurs after ten years from the
execution of this Agreement, Frisco shall remove and take possession of such
Illumination Improvements for which it is responsible to provide maintenance services.
All costs incurred by any party as a result of its obligations under this Agreement shall be
paid only from current revenues legally available to the paying party. The obligation of a
party to pay an invoice within thirty (30) days of receipt of each invoice shall apply, unless
supporting receipts or other supporting documentation have been requested by a party
to whom an invoice is submitted, in which case the party to whom an invoice is submitted
shall pay the invoice as soon after receiving the supporting receipts or documentation as
is reasonable; or unless a dispute arises as to any charge(s) contained in the invoice, in
which case the party to whom an invoice is submitted shall pay the undisputed amount of
the invoice within thirty (30) days of receipt and shall pay the remaining amount, if any, of
the invoice after resolution of the dispute as soon after resolution as is reasonable.
Notwithstanding anything to the contrary herein, a party to whom an invoice is submitted
shall not be required to pay any invoice submitted by the party submitting the invoice if
the party submitting the invoice is in breach of this Agreement.
The parties acknowledge and agree that the continuation of this Agreement after the close
of any given fiscal year of a party shall be subject to approval by each party’s governing
body. In the event that a party’s governing body does not approve the appropriation of
funds required to be paid under this Agreement, this Agreement shall terminate at the
end of the fiscal year for which funds were appropriated, and the parties shall have no
further obligations hereunder, but the party responsible for payment shall be obligated to
pay all charges incurred by the party to whom payment must be made through the end of
that fiscal year provided that the party to whom payment must be made is not in breach
of this Agreement.
IV.
RELEASE AND HOLD HARMLESS
TO THE EXTENT ALLOWED BY LAW, AND WITHOUT WAIVING GOVERNMENTAL
OR SOVEREIGN IMMUNITY, EACH PARTY AGREES TO RELEASE, DEFEND,
INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS,
AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION
FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF
USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS,
INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, IN ANY WAY
ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE
UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS
(OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY
OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN
CONNECTION WITH PERFORMING THIS AGREEMENT.
THIS INDEMNIFICATION CLAUSE IS VALID ONLY TO THE EXTENT PERMITTED BY
THE LAWS AND CONSTITUTION OF THE STATE OF TEXAS, PARTICULARLY
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SECTION 7 OF ARTICLE XI OF THE TEXAS CONSTITUTION, AND WITH THE
MUTUAL UNDERSTANDING THAT THE PARTIES ARE POLITICAL SUBDIVISIONS
OF THE STATE OF TEXAS AND THAT THIS EXECUTORY INDEMNITY OBLIGATION
CANNOT BE PAID FROM CURRENT REVENUES AND THAT NO TAX NOR
INTEREST AND SINKING FUND HAS BEEN SET, ADOPTED OR ESTABLISHED FOR
THE PAYMENT OF THIS EXECUTORY INDEMNITY OBLIGATION.
V.
INDEPENDENT CONTRACTOR
Each party covenants and agrees that each party is an independent contractor of
the other parties and not an officer, agent, servant or employee of any other party and
that nothing herein shall be construed as creating a partnership or joint enterprise
between any party.
VI.
NOTICE
Any notice provided under this Agreement shall be delivered by mail or personal
service to the parties named below:
Frisco Representative:
City of Frisco
Attn: ___________________________
6101 Frisco Square Blvd.
Frisco, Texas 75034
Prosper Representative:
Town of Prosper
Attn: __________________________
_______________________________
_______________________________
VII.
AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on behalf
of the parties hereto. Prosper has executed this Agreement pursuant to duly authorized
action of the Prosper Town Council on ___________________. Frisco has executed this
Agreement pursuant to duly authorized action of the Frisco City Council on
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_____________________. Each of the parties shall provide written documentation
evidencing the grant of approval by its respective governing body.
VIII.
SEVERABILITY
The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be
contrary to the law or contrary to any rule or regulation having the force and effect of the
law, such decisions shall not affect the remaining portions of the Agreement. However,
upon the occurrence of such event, any party may terminate this agreement by giving the
other parties thirty (30) days written notice.
IX.
VENUE
This Agreement and any of its terms or provisions, as well as the rights and duties
of the parties hereto, shall be governed by the laws of the State of Texas. The parties
agree that this Agreement shall be enforceable in Collin County, Texas, and if legal action
is necessary, exclusive venue shall lie in Collin County, Texas.
X.
INTERPRETATION OF AGREEMENT
Although this Agreement is drafted by Prosper, this is a negotiated document.
Should any part of this Agreement be in dispute, the parties agree tha t the Agreement
shall not be construed more favorably for any party.
XI.
REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive of any
right or remedy granted by law or equity; but each shall be cumulative of every right or
remedy given hereunder. No covenant or condition of this Agreement may be waived
without the express written consent of the parties. It is further agreed that one (1) or more
instances of forbearance by any party in the exercise of its respective rights under this
Agreement shall in no way constitute a waiver thereof.
XII.
SUCCESSORS AND ASSIGNS
The parties each bind themselves, their respective successors, executors,
administrators and assigns to the other parties to this Agreement. No party will assign,
sublet, subcontract or transfer any interest in this Agreement without the prior wr itten
consent of the other parties. No assignment, delegation of duties or subcontract under
this Agreement will be effective without the written consent of all parties.
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XIII.
IMMUNITY
It is expressly understood and agreed that, in the execution and performance of
this Agreement, no party waives, nor shall be deemed hereby to have waived any
immunity or defense that would otherwise be available to it against claims arisin g in the
exercise of governmental powers and functions. By entering into this Agreement, the
parties do not create any obligations, express or implied, other than those set forth herein,
and this Agreement hall not create any rights in parties not signato ries hereto.
XIV.
MULTIPLE COUNTERPARTS
This Agreement may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes. An electronic mail and/or facsimile
signature will also be deemed to constitute an original if properly executed and delivered
to the other party.
XV.
ENTIRE AGREEMENT
This Agreement embodies the entire agreement between the parties with respect
to the subject matter hereof and may only be modified in a writing executed by all parties.
[Signature page follows.]
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IN WITNESS WHEREOF, the parties have executed this Agreement by signing
below:
CITY OF FRISCO, TEXAS
By:
Wesley S. Pierson, City Manager
Date: ___________________________
APPROVED AS TO FORM:
Abernathy Roeder Boyd & Hullett P.C.
Ryan D. Pittman, City Attorneys
ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on this the ____ day of
________________, 2022 by Wesley S. Pierson, City Manager of the CITY OF FRISCO.
Notary Public, State of Texas
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TOWN OF PROSPER, TEXAS
By:
Printed Name: ____________________
Title: ___________________________
Date: ___________________________
APPROVED AS TO FORM:
Terrence Welch, Town Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on this the ____ day of
________________, 2022 by _____________________, ______________ of the TOWN
OF PROSPER.
Notary Public, State of Texas
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Exhibit 3
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Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, MBA, Director of Parks and Recreation
Through: Ron Patterson, Interim Town Manager
Robyn Battle, Executive Director of Community Services
Re: Lakewood Preserve Park, Phase 2
Town Council Meeting - October 11, 2022
Agenda Item:
Consider and act upon the purchase of playground equipment for Lakewood Preserve Park,
Phase II (project# 2107-PK) from Game Time/Cunningham Recreation using Buyboard contract
#592-19 through the Texas Local Government Purchasing Cooperative; and authorizing the
Interim Town Manger to execute documents for the same. (PN)
Description of Agenda Item:
The playground being purchased for Lakewood Preserve Park and will be installed in a 2,646 sq.
ft. play area for 2 – 5 years old kids, includes ramped play units with whirlwind Seat, climbing arch,
tot’s toddler rocker, poured-in-place rubber surfacing, and installation. The playground will be
coordinated and installed with the larger project once the contractor has been awarded.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into an interlocal participation agreement in June 2005, providing
the Town’s participation in the Texas Local Government Purchasing Cooperative. Participation in
the cooperative purchasing program allows our local government to purchase goods and services
from the cooperative’s online purchasing system, BuyBoard, while satisfying all competitive
bidding requirements.
Budget Impact:
The purchase price is $131,477.40. The FY 2022-2023 Capital Improvement Program included a
total budget of $4,245,000.00 in Bond, Park Fees, and General Funds for the Lakewood Preserve
Phase II Project (2107-PK). This Buyboard Purchase will be funded from account #750-6610-10-
00-2107PK.
Prosper is a place where everyone matters.
PARKS &
RECREATION
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Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Buy Board Contract
as to form and legality.
Attached Documents:
1. Buyboard Proposal
Town Staff Recommendation:
Town staff recommends that the Town Council approve the purchase of playground equipment
for Lakewood Preserve Park, Phase II (project# 2107-PK) from Game Time/Cunningham
Recreation using Buyboard contract #592-19 through the Texas Local Government Purchasing
Cooperative; and authorizing the Interim Town Manger to execute documents for the same
Proposed Motion:
I move to approve the purchase of the playground for Lakewood Preserve Park, Phase II (project#
2107-PK) from Game Time/ Cunningham Recreation, through the Texas Local Government
Purchasing Cooperative Buyboard contract; and authorize the Interim Town Manager to execute
the contract for the same.
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Town of Prosper
Attn: Paul Naughton
250 W. First Street
Prosper, TX 75078
Phone: 972-569-1160
paul_naughton@prospertx.gov
Ship to Zip 75126
Quantity Part #Description Unit Price Amount
1 RDU GameTime - Modular PowerScape 2-5 Ramped Play Unit $57,225.00 $57,225.00
1 2022
GT-
Grant
MISC - 2022 Matching Funds Grant-
Grant Rules and Limitations:
To qualify for up to 100% matching grant, list price of the qualifying playground system must
exceed $75,000, and payment in full must accompany your order. For play systems with a list
price of less than $75,000 and greater than $25,000 with payment in full, GameTime playground
grants are available with matching funds up to 75%. For play systems that exceed $25,000, and
purchased with credit terms, matching funds are available up to 60%. Matching funds are subject
to rounding rules and may vary based on qualified purchase. No other offer, discount, or special
programs can be used with this grant program. This special matching fund offer applies to
PowerScape®, PrimeTime®, Xscape®, IONiX®, and select Modern City PlayLab® systems only.
THRIVE (up to $7,000), GTfit (up to $7,000), and Challenge Course (up to $25,000) are also
eligible for funding from GameTime. Modern City freestanding structures, VistaRope,
freestanding net structures, Altus and Spire Towers, TuffForms, Landmark Design, GTSymphony
freestanding, other freestanding play products, and Play On! non-system events are not eligible
for funding. All applications must be validated by the project administrator. GameTime reserves
the right to decline any application for a GameTime grant. Orders accepted by GameTime
must ship by December 30, 2022. GameTime will accept grant orders until November 1,
2022, or until all eligible funds are disbursed, whichever comes first. GameTime reserves
the right to terminate this offer at any time without notice. GameTime playground grants can only
be applied to additional GameTime purchases and only in conjunction with the original purchase.
Standard policies and warranties as listed in the 2022 GameTime Playground Design Guide
apply. Freight and applicable sales tax are extra and not included. Material surcharges apply.
1 6143 GameTime - Whirlwind Seat Straight (F/S)$737.00 $737.00
1 3206 GameTime - FS Sensory Wave Arch System $5,101.00 $5,101.00
1 4688 GameTime - FS Arch Bronze Sensor Package $2,560.00 $2,560.00
1 39001 GameTime - Tot'S Toddle Rocker $1,098.00 $1,098.00
1 14927 GameTime - NDS Play On Sign Package
1 178749 GameTime - Owner's Kit $66.00 $66.00
2646 Poured GT-Impax - Poured in Place Rubber Safety Surfacing (SF)-
Area: 2,646 Sq.Ft.
Materials: 50% Standard Color / 50% Black, No Designs, Aroma c Binder
Depth: 2.5" for 5’ CFH
Freight to Site
Installa on of Rubber Surfacing Only; Regular Wages, Assumes Good Access
$20.92 $55,354.32
GameTime c/o Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
800.438.2780
704.525.7356 FAX
08/26/2022
Quote #
101595-01-04
Lakewood Park 2-5 Play Area (Rev 4)
Page 1 of 4
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Quantity Part #Description Unit Price Amount
1 INSTALL MISC - Installation of the Above Equipment Only-
Installa on of Above Equipment. Unless otherwise specified this es mate does not
include site work, demoli on or concrete work. Site must be clear, level, free of
obstruc ons, and accessible. Site should permit installa on equipment access.
Purchaser shall be responsible for unknown condi ons such as buried u li es, tree
stumps, bedrock or any concealed materials or condi ons that may result in addi onal
costs. This es mate does not include pricing for digging or drilling through rock. If rock
is hit during the installa on, addi onal charges will be incurred. Acquisi on of any and
all permits, as well as complying with any building regula ons, is the sole responsibility
of the customer.
Customer is responsible for the sub-base, curbs and berm required for this project.
Pricing assumes this work will be performed AFTER the installa on of the
equipment. If the concrete work is completed prior to the equipment installa on,
addi onal charges will be incurred.
$17,534.25 $17,534.25
Contract: Buy Board Contract #592-19 Sub Total $139,675.57
Grant ($22,978.38)
Material Surcharge $9,269.75
Estimated Freight $5,510.46
Total $131,477.40
Comments
Freight Calculated to Installer Address
DUE TO FLUCTUATING FUEL COSTS, FREIGHT SHOWN IS ESTIMATED FREIGHT. ACTUAL FREIGHT WILL BE
DETERMINED AT THE TIME OF YOUR ORDER. PLEASE FEEL FREE TO CONTACT US TO VERIFY CURRENT
FREIGHT CHARGES PRIOR TO PLACING YOUR ORDER.
GameTime c/o Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
800.438.2780
704.525.7356 FAX
08/26/2022
Quote #
101595-01-04
Lakewood Park 2-5 Play Area (Rev 4)
Page 2 of 4
Page 49
Item 6.
GAMETIME - TERMS & CONDITIONS:
PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing
when purchasing from quotes more than 30 days old.
TERMS OF SALE: For equipment & material purchases, Net 30 days from date of invoice for governmental agencies and those with
approved credit. All others, full payment for equipment, taxes and freight up front. Balance for services & materials due upon completion or
as otherwise negotiated upon credit application review. Pre-payment may be required for equipment orders totaling less than $5,000.
Payment by VISA, MasterCard, or AMEX is accepted (If you elect to pay by credit card, GameTime charges a
2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a
separate line item and included in the total amount charged to your credit card. You have the
option to pay by check , ACH or Wire without any additional fees.). Checks should be made payable to Playcore
Wisconsin, Inc. d/b/a GameTime unless otherwise directed.
CREDIT APPLICATION: Required for all non-governmental agencies and those entities who have not purchased from GameTime within the
previous twelve calendar months.
FINANCE CHARGE: A 1.5% monthly finance charge (or maximum permitted by law) will be added to all invoices over 30 days past due.
CASH WITH ORDER DISCOUNT: Orders for GameTime equipment paid in full at time of order via check or electronic funds transfer (EFT)
are eligible for a 3% cash-with-order (CWO) discount.
ORDERS: All orders shall be in writing by purchase order, signed quotation or similar documentation. Purchase orders must be made out to
Playcore Wisconsin, Inc. d/b/a GameTime.
FREIGHT CHARGES: Shipments shall be F.O.B. destination. Freight charges prepaid and added separately.
SHIPMENT: Standard Lead time is 12-14 weeks (some items may take longer) after receipt and acceptance of purchase order, credit
application, color selections and approved drawings or submittals.
PACKAGING: All goods shall be packaged in accordance with acceptable commercial practices and marked to preclude confusion during
unloading and handling.
RECEIPT OF GOODS: Customer shall coordinate, receive, unload, inspect and provide written acceptance of shipment. Any damage to
packaging or equipment must be noted when signing delivery ticket. If damages are noted, receiver must submit a claim to Cunningham
Recreation within 15 Days. Receiver is also responsible for taking inventory of the shipment and reporting any concealed damage or
discrepancy in quantities received within 60 days of receipt.
RETURNS: Returns are only available on shipments delivered within the last 60 days. A 25% (min.) restocking fee will be deducted from
any credit due. Customer is responsible for all packaging & shipping charges. Credit is based on condition of items upon return. All returns
must be in unused and merchantable condition. GameTime reserves the right to deduct costs associated with restoring returned goods to
merchantable condition. Uprights & custom products cannot be returned.
TAXES: Sales tax is shown as a separate line item when included. A copy of your tax exemption certificate must be submitted at time of
order or taxes will be added to your invoice.
INSTALLATION CONDITIONS:
ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.
STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process.
Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made
and noted on the quotation.
FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for
unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in
additional labor or materials cost.
UTILITIES: Installer will contact 811 to locate all public utilities prior to layout and excavation of any footer holes. Owner is responsible for
locating any private utilities.
ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated
in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.
GameTime c/o Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
800.438.2780
704.525.7356 FAX
08/26/2022
Quote #
101595-01-04
Lakewood Park 2-5 Play Area (Rev 4)
Page 3 of 4
Page 50
Item 6.
ACCEPTANCE OF QUOTATION:
Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Accepted By (printed): _________________________________ Title: ________________________________
Telephone: __________________________________________ Fax: ________________________________
P.O. Number:_________________________________________ Date: _______________________________
Purchase Amount: $131,477.40
SALES TAX EXEMPTION CERTIFICATE #:___________________________
(PLEASE PROVIDE A COPY OF CERTIFICATE)
_______________________________________________ ____________________________________________
Salesperson's Signature Customer Signature
BILLING INFORMATION:
Bill to: ______________________________________________________
Contact: ____________________________________________________
Address: ____________________________________________________
Address: ____________________________________________________
City, State: __________________________________ Zip: _____________
Tel: __________________________ Fax: __________________________
E-mail: ______________________________________________________
SHIPPING INFORMATION:
Ship to: _____________________________________________________
Contact: ____________________________________________________
Address: ____________________________________________________
Address: ____________________________________________________
City, State: __________________________________ Zip: _____________
Tel: __________________________ Fax: __________________________
E-mail: ______________________________________________________
GameTime c/o Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
800.438.2780
704.525.7356 FAX
08/26/2022
Quote #
101595-01-04
Lakewood Park 2-5 Play Area (Rev 4)
Page 4 of 4
Page 51
Item 6.
Page 52
Item 6.
Page 1 of 1
\
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Ron K. Patterson, Interim Town Manager
Re: Medical City of Plano, Medical Control/Continuing Education Agreement
Town Council Meeting – October 11, 2022
Agenda Item:
Consider and act upon approving an agreement with Medical Center of Plano for Medical Control
and Continuing Education Services; and authorizing the Interim Town Manager to execute the
same.
Description of Agenda Item:
The Fire Department entered in an annual agreement in 2019 with Medical Center of Plano for
Medical Control and EMS Continuing Education. This is the annual updated agreement which
reflects the additional number of personnel and provides an increase in Medical Director hours to
provide medical direction for those new personnel through the course of the year.
Budget Impact:
The annual cost of services is $83,250.00 and the increase was budgeted in the FY22/23 budget.
The services will be funded from account 100-5480-30-01.
Legal Obligations and Review:
The Town Attorney has reviewed this document as to form and legality.
Attached Documents:
1. Agreement – Fee Structure
Town Staff Recommendation:
Staff recommends approving an agreement with Medical Center of Plano for Medical Control and
Continuing Education Services; and authorizing the Interim Town Manager to execute the same.
Proposed Motion:
I move to approve an agreement with Medical Center of Plano for Medical Control and Continuing
Education Services; and authorizing the Interim Town Manager to execute the same.
Prosper is a place where everyone matters.
FIRE DEPARTMENT
Page 53
Item 7.
Medical City Plano
EMS Medical Control Prosper Fire Department
Fee Structure October 1, 2022 – September 30, 2023
Proposal 1 with Medical Director Hours increase and Additional 15 personnel
EMS Medical Control is comprised of multiple functions represented by two categories, On-Line/Off-Line Medical Control and
Education/Quality Assurance Activities. Below is a summary of the activities by category.
Medical Control: On-Line/Off Line Functions Education/Quality Assurance Functions
On-Line/Off-Line functions include direct involvement of the EMS Medical
Director and/or designee in his absence in the actual function of the
following:
Education/Quality Assurance functions are provided by EMS Department
Staff at The Medical Center of Plano in collaboration with guidance by
the EMS Medical Director
• Quarterly in-person continuing education (two 3 hour
class/day x 3 days)
• In-person continuing education by EMS Educator two months
per quarter (two 3 hour classes/day x 3 days)
• Monthly Physician field observation/training, i.e. EMS ride-
outs
• Internet based training one month per quarter developed by
EMS Educator to provide 3 hours of required EMS CE. (Upon
request)
• Ongoing review/development of new equipment,
medications, and practices as well as existing Treatment
Protocols and SOPs with emphasis on Evidenced Based
Medical Practice
• Recording of monthly CE and utilizing the Educational
Tracking Platform to allow for make-up CE for those not able
to attend live classes that were offered
• Quality Assurance including review of EMS documentation,
interaction with Fire Administration and field personnel to
resolve concerns, documentation of loop closure, radio
report review, and in-person Medical Director Reviews as
needed
• Quality Assurance Program to include
o 100% review of all Transported Light/Siren runs
o 10% review of all Transported No Light/Siren runs
o 100% review of all No Transports
o Monthly Protocol Specific Reviews including ACS,
Stroke, Intubations, CPR, Trauma and Airway
Management
• 24/7/365 On-Line (Radio and Telephone Support) by Board
Certified Emergency Physicians at The Medical Center of
Plano
• Internship Program
o Each intern assigned to specific educator
o EMS Educator to ride-out at shift 3 and EMS
Medical Director to ride-out at shift 4 or 5
o ECG testing, Protocol testing, and Mega Code
Evaluation
• 24/7/365 Off-line availability of EMS Medical Director and/or
designee in his absence to Fire Administration and Field
Personnel to review issues/concerns
• Monthly Quality Assurance Dashboards tracking various
metrics to include protocol compliance, airway management,
continuing education hours, internship progress, hospital
destination stats, and department wide success rates for
advanced airway and IV/IO
• Requested meetings from Fire Administration to address
issues involving EMS and personnel
• Access to internet based Education Platform to allow for
make-up CE, quarterly internet based CE, and tracking of CE
hours offered by TMCP.
• Guaranteed access to monthly Cadaver Lab for two
paramedics. (Note there is an additional fee for attendance)
• Access to internet based Education Platform to allow for
completion of American Heart Association BLS and ACLS
followed by live check off with TMCP EMS instructor
• Attendance at City Council and other City Government
meetings at the request of Fire Administration
• Quarterly field observations/training, i.e. EMS ride-outs
• Paramedic Shadowing/Acute Care Hospital Rotation to
enhance assessment techniques and practical skills
• Annual required Infection Control and Anaphylaxis CE to
meet government standards
• Final review and authorization of Paramedic Intern prior to
being released for field practice
• Tracking and communication to Fire Administration regarding
CE attendance
• Over site of quarterly Peer Review Committee Meetings • Direct involvement in resolution of addendums to EMS Run
Report
• Annual Protocol Testing, Megacode testing and Advanced
Airway Management Testing with Biennial ALS and BLS Skills
Credentialing
• Preparation of cases for quarterly Peer Review Committee
Meetings
• Annual Protocol Testing, Megacode testing and Advanced
Airway Management Testing with Biennaill ALS and BLS Skills
Credentialing
Medical Control: On-
Line and Off-Line
Functions by EMS
Medical Director
Education/Quality
Assurance Annual Cost Monthly Cost
Page 54
Item 7.
360 Hours Annually
Average 30 hours/month
@ $185.00/hour
Annually per Field Personnel
@ $225 x Number of Field
Personnel in place January 1
of each renewal year
Projected Costs $66,600.00 $16,650.00 based on 74
personnel $83,250.00 $6,937.50
Annual costs for On-Line/Off-Line Medical Control functions are based on the current run rate of an average of 30 direct hours per
month worked by the Medical Director in providing services to the Prosper Fire Department. Should the Fire Department decide to
require additional duties for the Medical Director beyond the annual hours of 360, the direct hourly allocation amount would need
to be adjusted with the necessary contractual addendums. As an example, if implementation of a Mobile Integrated Healthcare
Program was requested, this would require additional hours on behalf of the Medical Director.
Annual costs for Education/Quality Assurance will be assessed at the beginning of each year and will be based on the number of field
personnel budgeted for the coming fiscal year. Annual/Monthly costs for Medical Control and Education/Quality Assurance will be
adjusted accordingly and be effective October 1 – September 30th to reflect the City’s fiscal calendar and be billed monthly.
The Town of Prosper will be invoiced on an annual basis.
Medical City Plano
Date:_____________________________ By: _____________________________
Name: ___Brad Stein________________________
Title: ___CFO_________________________
TOWN OF PROSPER, TEXAS
Date:____________________________ By:_____________________________
Name:
Title:
10/3/22
Page 55
Item 7.
Page 1 of 1
F
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Ron K. Patterson, Interim Town Manager
Re: Galls Uniform and Equipment
Town Council Meeting – October 11, 2022
Agenda Item:
Consider and act upon approving the purchase of uniforms and equipment from Galls, LLC
through the City of Frisco cooperative best value bid (1905-082).
Description of Agenda Item:
Galls, LLC is the incumbent vendor for uniform duty wear, dress uniforms, and athletic apparel to
the Town. The Town of Prosper previously entered into an ILA to utilize the City of Frisco
Cooperative Best Value Bid Number 1905-082.
Budget Impact:
The blanket order expenditure request is for $90,000.00. This was an approved budget item and
will be funded by Account No. 100-5400-10-01.
Attached Documents:
1. City of Frisco Uniform Contract
Town Staff Recommendation:
Staff recommends approving the purchases of uniforms and equipment from Galls, LLC through
the City of Frisco cooperative best value bid (1905-082).
Proposed Motion:
I move to approve the purchase of uniforms and equipment from Galls, LLC through the City of
Frisco cooperative best value bid (1905-082).
Prosper is a place where everyone matters.
FIRE DEPARTMENT
Page 56
Item 8.
Page 1 of 1
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Ron Patterson, Interim Town Manager
Re: Bound Tree Medical Supplies
Town Council Meeting – October 11, 2022
Agenda Item:
Consider and act upon approving the purchase of pharmaceuticals and emergency medical
supplies from Bound Tree Medical, LLC, at the unit prices bid through a City of Richardson
contract.
Description of Agenda Item:
This purchase will provide a blanket PO for the purchase of pharmaceuticals and emergency
medical supplies for patients of medical emergencies and injuries.
Budget Impact:
The estimated annual expenditure for these items is $80,000.00 and will be funded from account
100-5440-30-10. Subsequent annual expenditures will be subject to appropriations granted in
future fiscal years.
Attached Documents:
1. City of Richardson Contract
Town Staff Recommendation:
Staff recommends approving the purchase of pharmaceuticals and emergency medical supplies
from Bound Tree Medical, LLC, at the unit prices bid through a City of Richardson contract.
Proposed Motion:
I move to approve the pharmaceuticals and emergency medical supplies from Bound Tree
Medical, LLC, at the unit prices bid through a City of Richardson contract.
Prosper is a place where everyone matters.
FIRE
DEPARTMENT
Page 57
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Pamela Clark, Business System Specialist
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
David Soto, Planning Manager
Re: Road Abandonment Good Hope Windsong 6D and 6E
Town Council Meeting – October 11, 2022
Agenda Item:
Consider and act upon an ordinance abandoning a portion of Good Hope Road prescriptive right-
of-way, located south of Parvin Road, beginning at a point directly north of Mill Pond Drive and
extending for 625± feet.
Description of Agenda Item:
The purpose of this request is to abandon a portion of the prescriptive right-of-way for Good Hope
Road, located south of Parvin Road, beginning at a point directly north of Mill Pond Drive and
extending for 625± feet. VP Windsong Operations, LLC, the developers of Windsong Ranch, has
requested this abandonment in order to develop Phase 6D and 6E of Windsong Ranch. This is
being done to ensure that there are no future issues involving the prescriptive right-of-way. The
prescriptive right-of-way is approximately 60 feet in width.
Both sides of this section of Good Hope Road to be abandoned are owned by VP Windsong
Operations, LLC.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the abandonment
ordinance as to form and legality.
Attachments:
1. Location Map
2. Ordinance
3. Ordinance Exhibit A
4. Abandonment Request Letter
Prosper is a place where everyone matters.
PLANNING
Page 58
Item 10.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve an ordinance abandoning a portion of
Good Hope Road prescriptive right-of-way, located south of Parvin Road, beginning at a point
directly north of Mill Pond Drive and extending for 625± feet the request.
Proposed Motion:
I move to approve an ordinance abandoning a portion of Good Hope Road prescriptive right-of-
way, located south of Parvin Road, beginning at a point directly north of Mill Pond Dr ive and
extending for 625± feet.
Page 59
Item 10.
SNWEGOOD HOPE ROAD ABANDONMENT EXHIBITWINDSONG RANCHTOWN OF PROSPERDENTON COUNTY, TEXASPage 60Item 10.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ABANDONING AND VACATING CERTAIN PRESCRIPTIVE RIGHT-
OF-WAY (GOOD HOPE 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 Good Hope Road) generally located south of Parvin Road, beginning at a point directly north
of Mill Pond Drive and extending northward approximately 625± feet 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 625± 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 owners, 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
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 61
Item 10.
Ordinance No. 2022-____, 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 11TH DAY OF OCTOBER, 2022.
________________________________
David F. Bristol, Mayor
ATTEST:
_____________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________
Terrence S. Welch, Town Attorney
Page 62
Item 10.
Exhibit A
Good Hope Road Abandonment
Page 63
Item 10.
Page 64Item 10.
Page 1 of 2
To: Mayor and Town Council
From: Pamela Clark, Business Systems Specialist
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
David Soto, Planning Manager
Re: Road Abandonment Good Hope Windsong 10
Town Council Meeting – October 11, 2022
Agenda Item:
Consider and act upon an ordinance abandoning a portion of Good Hope Road prescriptive right-
of-way, located south of Parvin Road, beginning 300± feet north of Kinglet Drive and extending
northward approximately 1,200 feet.
Description of Agenda Item:
The purpose of this request is to abandon a portion of the prescriptive right-of-way for Good Hope
Road, located south of Parvin Road, beginning 300± feet north of Kinglet Drive and extending
northward approximately 1,200 feet. VP Windsong Operations, LLC, the developers of Windsong
Ranch, has requested this abandonment in order to develop Phase 10 of Windsong Ranch. This
is being done to ensure that there are no future issues involving the prescriptive right-of-way. The
prescriptive right-of-way is approximately 60 feet in width.
Both sides of this section of Good Hope Road to be abandoned are owned by VP Windsong
Operations, LLC.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the abandonment
ordinance as to form and legality.
Attachments:
1. Location Map
2. Ordinance
3. Ordinance Exhibit A
4. Abandonment Request Letter
Prosper is a place where everyone matters.
PLANNING
Page 65
Item 11.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve an ordinance abandoning a portion of
Good Hope Road prescriptive right-of-way, located south of Parvin Road, beginning 300± feet
north of Kinglet Drive and extending northward approximately 1,200 feet.
Proposed Motion:
I move to approve an ordinance abandoning a portion of Good Hope Road prescriptive right-of-
way, located south of Parvin Road, beginning 300± feet north of Kinglet Drive and extending
northward approximately 1,200 feet.
Page 66
Item 11.
SNWEGOOD HOPE ROAD ABANDONMENT EXHIBITWINDSONG RANCHTOWN OF PROSPERDENTON COUNTY, TEXASPage 67Item 11.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ABANDONING AND VACATING CERTAIN PRESCRIPTIVE RIGHT-
OF-WAY (GOOD HOPE 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 Good Hope Road) generally located south of Parvin Road, beginning 300± feet north of Kinglet
Drive and extending northward approximately 1,200 feet 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 1,200 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 owners, 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
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 68
Item 11.
Ordinance No. 2022-____, 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 11TH DAY OF OCTOBER, 2022.
________________________________
David F. Bristol, Mayor
ATTEST:
_____________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________
Terrence S. Welch, Town Attorney
Page 69
Item 11.
EXHIBIT A
Good Hope Road Abandonment
Page 70
Item 11.
Page 71Item 11.
Page 72Item 11.
Page 1 of 2
PLANNING
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Pamela Clark, Business Systems Specialist
Through: Ron Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
David Soto, Planning Manager
Re: Fishtrap Road to First Street Renaming
Town Council Meeting – October 11, 2022
____________________________________________________________________________
Agenda Item:
Consider and act upon an ordinance renaming a segment of Fishtrap Road to First Street located
between Legacy Drive and Gee Road. (MD22-0007)
Description of Agenda Item:
The purpose of this request is to rename the segment of “Fishtrap Road” that is located between
Legacy Drive and Gee Road, to “First Street.” The Denton County/Collin County line is generally
located along Legacy Drive. West of Legacy Drive, First Street becomes Fishtrap Road in Denton
County. This request would result in a consistent road name for the entire stretch of road in
Prosper. In addition, the Thoroughfare Plan depicts First Street as a continuous road from Gee
Road to Custer Road.
Town staff provided notice of the name change to all affected property owners, which include d
eight (8) property owners. Staff has received three (3) responses to the proposed renaming, one
(1) in opposition and two (2) in support of the change. Following approval of the ordinance, all
necessary property owners and entities will be notified of the road name change and any address
changes, accordingly.
Following approval and adoption of an ordinance by the Town of Prosper, Denton County and
Denton County Fresh Water District No. 10 will hold Public Hearings and adopt similar ordinances.
A timeframe for the scheduling of those Public Hearings is not yet known but anticipated to be
complete before the end of this year. Upon Town Council adoption of the attached ordinance,
Town staff will order the street name blades and begin the process for replacing the monument
signs. In addition, property owners impacted by the road name change will be notified to submit
for reimbursement of advertising, licensing and signage expenses incurred as a result of the road
name change. Emergency services will reflect the street name change within their databases
once all signage has been replaced.
Page 73
Item 12.
Page 2 of 2
Budget Impact:
The estimated expense for the renaming will between $50,000 - $80,000 and is dependent upon
expenses impacted property owners submit for reimbursement, and the expense for replacing
street signage. Expenses incurred will be funded by the Capital Projects fund.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attachments:
1. Location Map
2. Ordinance
3. Ordinance Exhibit
4. Thoroughfare Plan
5. Financial Impact Estimate
Town Staff Recommendation:
Town staff recommends that the Town Council approve an ordinance renaming a segment of a
Fishtrap Road to First Street, located between Legacy Drive and Gee Road.
Proposed Motion:
I move to approve an ordinance renaming a segment of a Fishtrap Road to First Street, located
between Legacy Drive and Gee Road.
Page 74
Item 12.
Page 75
Item 12.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, CHANGING THE
NAME OF A SEGMENT OF FISHTRAP ROAD TO FIRST STREET; PROVIDING
FOR SEVERABILITY; SAVINGS/REPEALING CLAUSES; AND PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town of Prosper, Texas (“Prosper”) has initiated a request to rename a
portion of Fishtrap Road to First Street, located in Prosper, Denton County, Texas; and
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated into and determined that it will be advantageous and beneficial to Prosper and its
inhabitants to rename a segment of Fishtrap Road to First Street, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Renaming a Segment of Fishtrap Road to First Street. A segment of Fishtrap Road, as
particularly described in Exhibit “A”, attached hereto and incorporated herein for all purposes as
if set forth verbatim, is hereby renamed to First Street.
SECTION 3
Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance
be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 4
Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance
are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution
from being commenced for any violation if occurring prior to the repealing of the ordinance. Any
remaining portions of said ordinances shall remain in full force and effect.
SECTION 5
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
Page 76
Item 12.
Ordinance No. 2022-__, Page 2
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 11TH DAY OF OCTOBER, 2022.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis-Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 77
Item 12.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSIT Y DR N CUSTER RDE PROSPER TRL
W FIRST ST
W F RONT IER PK WY E FRONTIER PKWY
PR OSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDW U N IV E R S I TY D RS TEEL PKWYFISHTRAP RDN TEEL PKWYGEE RD0 2,5001,250 Feet
µ
Exhibit A
This map is for illus tr ation purpos es only.
Page 78
Item 12.
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P ar v i n R d.F.M. 1385GeeFishtrap Rd.
U.S. 380 Dallas North TollwayProsper Trail
First St.La Cima Blvd.Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461
F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.BNSF RRS. ColemanN. ColemanLovers Ln Hays RdPrairie Dr.Shawnee Trl.Richland Blvd.Cook LnSafety Way
Thoroughfare Plan
Plate 3September 2020
0 0.5 10.25 Miles
Z
Town of Prosper
ETJ
100 Year Floodplain
kj Minor Gateway
Grade Separation
RR Grade Separation
Major GatewaykjThoroughfare Description
Limited Access Roadway/Freeway (330' ROW)
Dallas North Tollway
Major Thoroughfare (6 lane; 120' ROW)
Minor Thoroughfare (4 lane; 90' ROW)
Commercial Couplet (3 lane; 65' ROW)
Commercial Collector (2 lane; 60' ROW)
Old Town District (Section Varies)
Access Roads
* Refer to Comprehensive Plan forInterim Development of Coit Road between Frontier Parkway and Prosper Trail.
The Thoroughfare Plan is for informational purposes and has not been prepared for and is not intended for legal, realestate, engineering, or surveying purposes. It is provided asa conceptual guide for transportation decisions within the Townrelated to general roadway alignments and classifications. The Town of Prosper does not assume any responsibility or liability for omissions, inaccuracies, or misinterpretations of the Thoroughfare Plan.Page 79
Item 12.
Item Quantity Replacement Estimate Total Estimate Examples
Street Blades 13 $85.00 - $125 $1,105 - $1,625
Illuminated Intersection
Signs 4 $400 - $500 each
$850 Shipping
$1,600 - $2,000
$850 shipping
Steel Intersection Signs 3 $140 $420
Monument Signs 2 $7,000 $14,000
Advertising Materials 30 $1,500 $45,000 Business Cards, Letterhead, Double Sided Flyers, Envelopes
Fishtrap Road Renaming
Page 80
Item 12.
Page 1 of 4
To: Mayor and Town Council
From: David Soto, Planning Manager
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
Re: Comprehensive Plan MQ Prosper North
Town Council Meeting – October 11, 2022
Agenda Item:
Conduct a public hearing and act upon a request to amend the Future Land Use Plan from
Residential Low Density to Retail and Neighborhood Services, generally located, located on the
east side of Preston Road, north of St. Peter Lane. (CA22-0001).
Description of Agenda Item:
Town staff has received a request to rezone 13.3± acres from Single Family-15 (SF-15) to
Planned Development-Retail (PD-R), generally to allow for an office/retail development. The
applicant is proposing to introduce a new Planned Development that includes but not limited to
permitted uses, development regulations, and design guidelines, located on the east side of
Preston Road, north of St. Peter Lane. Zoning Case Z21-0003. The applicant is also providing 2
residential lots with a based zoning of SF-22 toward the rear of the property.
Rezoning requests, which do not conform, to the Future Land Use Plan shall be accompanied by
a request to amend the Future Land Use Plan. The Comprehensive Plan document anticipates
the Town will encounter “development proposals that do not directly reflect the purpose and intent
of the land use pattern as shown on the Future Land Use Plan map.”
Land use districts designated on the Future Land Use Plan are intended to depict general areas
where land uses are considered appropriate for an area, and such districts are not intended to be
parcel specific. If the Planning & Zoning Commission and Town Council believe the property
located on the east side of Preston Road, north of St. Peter Lane is more appropriately classified
as Retail and Neighborhood Services on the Future Land Use Plan, then it would be appropriate
to reclassify the property.
Prosper is a place where everyone matters.
PLANNING
Page 81
Item 13.
Page 2 of 4
See below for proposed plan amendment. Images of the existing and proposed amendment are
shown below.
Existing
Proposed
Page 82
Item 13.
Page 3 of 4
At the time of the 2012, the expected build out capacity population was approximately 60,485
population excluding Artesia. As mentioned below with that capacity, 757.9 acres would be the
maximum supported. The latest 2022 expected buildout capacity population is approximately
71,000. Approximately 300 acres was added since the 2012 Comprehensive Plan, however,
11,000 residences were also added to the expected build out capacity.
Retail Assumptions Comp. Plan Total Acres Retail Acres per Category
Neighborhood Services * 938 656.6
Town Center ** 340 153
Tollway District *** 1236 123.6
US 380 **** 949 94.9
Total 3463 1028.1
*Assumed 70% retail component
**Assumed 45% retail component
***Assumed 10% retail component
****Assumed 10% retail component
Page 83
Item 13.
Page 4 of 4
Comprehensive Plan Factors
Per the Comprehensive Plan, additional neighborhood services retail zoning should be avoided.
Nodal retail activity should be concentrated at primary intersections, and the “four corner” principle
should be avoided to reduce the possibility of an oversupply of retail acreage. Strip center
development along major roadways should also be avoided, as the plan recommends.
The consequences of an oversupply of retail may include:
• Vacant, underutilized land;
• Lower rental rates leading to undesirable uses;
• Pressures for additional multifamily to fill vacant parcels; and
• Blighted corridors.
The Plan states, “it should be incumbent upon the applicant making such a proposal to provide
evidence that the proposal meets the aforementioned considerations, supports community goals
and objectives as set forth within this Plan, and represents long term economic and/or social
benefits for the community as a whole, not just a short-term financial gain for whoever is
developing the project.”
The applicant provided the attached letter (attachment 3), in response.
The document recommends that “development proposals that are inconsistent with the Future
Land Use Plan map (or that do not meet its general intent)” should be reviewed based on the
following questions and should be reviewed on their own merit. Please see the response provided
by the applicant to each criteria listed below.
Will the proposed change enhance the site and the surrounding area?
o The proposed use will enhance the surrounding area by providing additional
neighborhood services for established residential neighborhoods. The developer
has interested restaurants in demand of this location and unique natural features
of the property.
Is the proposed change a better use than that originally envisioned and depicted on
the Future Land Use Plan map?
o The proposed change in use is optimal to single family residential given the
aforementioned physical and financial challenges. Neighborhood services will
support existing and prospective residential neighborhoods while avoiding a sub-
optimal single family development on the subject property that could negatively
impact prevailing residential property values.
Will the proposed use impact adjacent residential areas in a negative manner?
o The limited single family development of Lots A and B with large lots will al low for
high priced residences that preserve or enhance the prevailing housing stock of
Prosper. The proposal will not impact residential areas in a negative way. Negative
impacts will be avoided by the implementation of careful site planning, use
restrictions, and development parameters.
Page 84
Item 13.
Page 5 of 4
Will the proposed use be compatible with and/or enhance adjacent residential
uses?
o The proposal for a Planned Development will set forth appropriate safeguards to
ensure compatibility with adjacent residential uses. Measures and parameters
such as use limitation, building height and setbacks, and landscaping and buffering
will allow a harmonious juxtaposition of uses while providing conveniently located
neighborhood services. Moreover, the planned north-to-south solid vegetative
hedge and the natural tree line along the eastern perimeter will remain and act as
a buffer for the residences to the east.
Are uses adjacent to the proposed use similar in nature in terms of appearance,
hours of operation, and other general aspects of compatibility?
o Adjacent uses are residential and a planned city park to the north. The proposed
architectural building scale of one-story, and residential design aligns with the
general look and feel of the adjacent residential housing stock. Prospective
businesses will have reasonable operating hours. Any restaurants would be
located on lots closer to Preston Road, more than 400 feet from residential
properties outside of the PD. Operations will be managed so as to not cause any
detrimental impacts to residential properties. Measures will be taken to avoid noise
nuisance and light pollution spilling into adjacent residential neighborhoods.
Does the proposed use present a significant benefit to the public health, safety,
welfare and/or social well-being of the community?
o The proposed use presents significant benefit to the public health safety, welfare
and/or social well-being of the community by encouraging destination sit down
restaurants fronting a beautiful amenity pond near a city park. Additional
neighborhood services will provide convenient goods and services for the
community.
Would it contribute to the Town’s long-term economic stability?
o See attachment #3
The Plan also recommends that “it is important to recognize that proposals not directly consistent
with the Plan could reflect higher and better long-term uses than those originally envisioned and
shown on the Future Land Use Plan map for a particular area. This may be due to changing
markets, demographics and/or economic trends that occur at some point in the future after the
Plan is adopted. If such changes occur, and especially if there are demonstrated significant social
and/or economic benefits to the Town of Prosper, then these proposals should be approved and
the Future Land Use Plan map should be amended accordingly.”
Legal Obligations and Review:
The Town Council is required to hold a Public Hearing prior to acting on an amendment to the
Future Land Use Plan contained in the Town’s Comprehensive Plan.
Attachments:
1. Existing Future Land Use Plan
2. Proposed Future Land Use Plan
3. Request Letter
Page 85
Item 13.
Page 6 of 4
Planning & Zoning Recommendation:
At their September 20, 2022, meeting, the Planning & Zoning Commission recommended the
Town Council denied the request, by a vote of 3-2.
Town Staff Recommendation:
Town staff recommends that the Town Council act upon a request to amend the Future Land Use
Plan from Residential Low Density to Retail and Neighborhood Services, generally located,
located on the east side of Preston Road, north of St. Peter Lane.
Page 86
Item 13.
Page 87
Item 13.
Page 88
Item 13.
FUTURE LAND USE MAP AMENDMENT
MQ Prosper North
MQ Development Company requests amendment to the Future Land Use Map (FLUM) of the Town
of Prosper Comprehensive Plan. The FLUM calls for single family. Through extensive due diligence
and site planning exercises, it was determined that physical characteristics of the site make
conventional single-family development for most of the site impractical from standpoints of both
prospective homeowner desirability and economic viability.
The irregular shape, topography and flood plain play a role in optimal use type for the property.
There is a creek and low areas that traverse the western perimeter, the north central, and eastern
sections of the property. To generate the necessary lot yield, residential lots would be planned along
the northern perimeter, requiring additional grading and tree removal. The creek makes residential
pad site layout a challenge and compromises necessary yields to build out necessary public
infrastructure including a public street.
The costs associated with the significant grading required would far outweigh economic benefits of a
limited residential lot yield. Financial feasibility notwithstanding, the lot layout necessary to make
the project work, would be a compact and efficient cookie cutter rectangular pattern, creating and
uninspiring and underwhelming development that could fall short of the high standard of aesthetics
and quality expected in Prosper. Moreover, it would place residential back yards up against the
existing residential homes along the southern perimeter, unnecessarily crowding existing neighbors.
In contrast, the property with its adjacency to Preston Road and topography, is better suited for
non- residential uses that serve residential development. The proposal would preserve a certain
degree of trees and grade along the northern perimeter. Lot 8 is planned as open space, preserving
the natural treed areas. Commercial development also allows greater building setbacks and larger
perimeter buffers from the adjacent properties, instead of smaller residential yards with back to back
lots.
The PD would ensure that the appropriate type of uses are allowed and at the right scale given these
residential adjacencies. A carefully planned, limited scaled neighborhood service development can
be site planned to take advantage of the natural topography, maintain vistas that take advantage of
a planned amenity pond, and integrates with the physical features of the property. Moreover,
creating Lot 8 and Lots A and B for residential provide an excellent transition buffer to established
single family subdivisions to the northeast, east and southeast.
Please consider the following considerations from the Comprehensive Plan in evaluating
amendment to the FLUM to accommodate the proposal:
• The proposed use will enhance the surrounding area by providing additional
neighborhood services for established residential neighborhoods. The developer has
interested restaurants in demand of this location and unique natural features of the
property.
• The proposed change in use is optimal to single family residential given the
aforementioned physical and financial challenges. Neighborhood services will support
Page 89
Item 13.
existing and prospective residential neighborhoods while avoiding a sub-optimal single
family development on the subject property that could negatively impact prevailing
residential property values.
• The limited single family development of Lots A and B with large lots will allow for high
priced residences that preserve or enhance the prevailing housing stock of Prosper.
• The proposal for a Planned Development will set forth appropriate safeguards to ensure
compatibility with adjacent residential uses. Measures and parameters such as use
limitation, building height and setbacks, and landscaping and buffering will allow a
harmonious juxtaposition of uses while providing conveniently located neighborhood
services. Moreover, the planned north-to-south solid vegetative hedge and the natural
tree line along the eastern perimeter will remain and act as a buffer for the residences to
the east.
• The proposal will not impact residential areas in a negative way. Negative impacts will
be avoided by the implementation of careful site planning, use restrictions, and
development parameters.
• Adjacent uses are residential and a planned city park to the north. The proposed
architectural building scale of one-story, and residential design aligns with the general look
and feel of the adjacent residential housing stock. Prospective businesses will have
reasonable operating hours. Any restaurants would be located on lots closer to Preston
Road, more than 400 feet from residential properties outside of the PD. Operations will be
managed so as to not cause any detrimental impacts to residential properties. Measures will
be taken to avoid noise nuisance and light pollution spilling into adjacent residential
neighborhoods.
• The proposed use presents significant benefit to the public health safety, welfare and/or
social well-being of the community by encouraging destination sit down restaurants
fronting a beautiful amenity pond near a city park. Additional neighborhood services will
provide convenient goods and services for the community.
Page 90
Item 13.
Page 1 of 6
PLANNING
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: David Soto, Planning Manager
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
Re: Zoning MQ Prosper North
Town Council Meeting – October 11, 2022
____________________________________________________________________________
Agenda Item:
Conduct a public hearing and act upon a request to rezone 13.3± acres from Single Family-15
(SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail
development, located on the east side of Preston Road, north of St. Peter Lane. (Z21-0003).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use
Future Land
Use Plan
Subject
Property Single Family-15 Undeveloped Low Density
Residential
North Planned Development-15-
Single Family Town of Prosper Park Low Density
Residential
East Single Family-15
Single Family Residence
& Prosper Lake
Subdivision
Low Density
Residential
South Single Family-15 Montclair Subdivision Low Density
Residential
West Single Family-12.5 Cambridge Park Estates,
Phase 1
Medium Density
Residential
Page 91
Item 14.
Page 2 of 6
Requested Zoning – The purpose of this request is to rezone 13.3± acres from Single Family-15
(SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail
development. The applicant is proposing to introduce a new Planned Development that includes
but not limited to permitted uses, development regulations, and design guidelines. Outline below
is a few of the development standards, please refer to the Exhibit D for all the regulations.
It’s important to note that the applicant has created its own allowable uses and the list of uses are
shown below.
List of Uses allowed:
1. Administrative, Medical or Professional Office
2. Antique Shop
3. Artisan’s Workshop
4. Bank, Savings and Loan, or Credit Union, Lots 1-6 only
5. Bed and Breakfast Inn
6. Beauty Salon, Barber Shop, Lots 1, 2 and 3 only
7. Building Materials and Hardware Sales, Minor, Lots 1-3 only
8. Business Service, Lots 1 - 4only
9. Child Care Center, Licensed, only one permitted in PD, Lots 3 and 4by SUP only
10. Convenience Store without Gas Pumps, Lots 1-3 by SUP only
11. Day Care Center, Adult, only one permitted in PD, Lots 1, 3 and 4 by SUP only
12. Dry Cleaning, Minor
13. Commercial Amusement, Indoor, Lots 1, 2, 5 and 6
14. Farmer’s Market, Lots 1-4
15. Furniture, Home Furnishings and Appliance Store, Lot 3
16. Health/Fitness Center, Lots 1-6
17. Insurance Office, Lots 1-6
18. Message Therapy, Licensed, Lots 1-6
19. Print Shop, Minor, Lots 1-4
20. Restaurant, Lots 1, 2, 5 and 6 only (May include outdoor entertainment in Lots 1, 5
and 6 provided speakers face west away from the single family residential to the
east.)
21. Retail Stores and Shops, Lots 1-6
22. Retail Service, Indoor, Lots 1-6 only
23. Retail/Service Incidental Use, Lots 1-6
24. School, Private
25. Theatre, Neighborhood, Lots 2 and 3 by SUP only
Page 92
Item 14.
Page 3 of 6
Exhibit D
Exhibit D is proposing six (6) buildings that includes office/retail/restaurant totally approximately
48,950. The applicant is also providing two (2) residential lots with a based zoning of SF-22 toward
the rear of the property.
Access Easement
A note was added on Exhibit D, regarding the judicial proceeding in Collin County district court,
entitled MQ Prosper North, LLC v. Lisa Coulter and Summit Paving, LLC, Cause No. 366-03077-
2018. The note regarding the existing 30-foot access easement will be included on any plans (site
plans, concept plans, plats) submitted to the Town or any zoning ordinance for the MQ tract, to
clarify that no portions of that access easement should be blocked in any way unless authorization
to do so has been provided by the court or by the owner, and provided to the Town for verification.
Parking
Parking Requirements. For parking purposes in satisfying off-street parking requirements in
Subdistrict A, Lots 1-6 are considered one lot.
The applicant has requested to utilize lots 1-6 to act as one lot to meet the minimum standards
The applicant is required 337 parking spaces based on the uses on lots 1-6 and is providing 384
parking spaces. Although lot 2 does not meet the minimum standards, the overall parking does
meet the minimum parking requirements.
Page 93
Item 14.
Page 4 of 6
ROW Abandonment
Staff has concerns on the abandonment of Emerald Trace. The applicant is proposing to abandon
and, in discussions, would compensation (purchase) similar to procedures of TxDOT and some
other municipalities. Town’s Subdivision Ordinance has procedures for straight abandonment but
does not address any additionally methods or steps. Additionally, abandoning the right-of-way
decreases ability of right-of-way to eventually be extended to land locked property as originally
intended when platted.
Residential Lots
Staff has concerns with residential lots not fronting standard public right-of-way or more specially
just on a private access easement will have issues with common day-to-day occurrences such as
postal (and on-line) deliveries, garbage pick-up, and guest parking. Applicant has provided some
measures to address these issues, but staff feels there may be situations where the
accommodations provided would not be sufficient.
Exhibit F-1, F-2 and F-3 shows a conceptual rendering of the architectural look and style of the
building.
Below is a comparison table of the request by the applicant regarding masonry
Retail District New Planned
Development
Building Materials 90%-100 % masonry
(which includes clay
fired brick, natural
and manufactured
stone, granite,
marble, and stucco)
The use of stucco and
EIFS are only
permitted as
secondary or accent
materials (0%-10%
maximum allowance).
90%-100% (Which
includes Architectural
Structural Block,
under the trade name
“Quik Brick” (a 4”
manufactured
concrete masonry
unit) and cultured
stone (manufactured)
individually stacked.
Split-faced block,
architectural concrete
block, and
painted/textured
concrete tilt wall shall
be limited to a
maximum of ten
percent (0%-10%) of
any single elevation
on any pad site.
Page 94
Item 14.
Page 5 of 6
The applicant has agreed to enter into a development agreement regarding the building materials.
Below are exhibits of renderings of the building.
Page 95
Item 14.
Page 6 of 6
Future Land Use Plan – The Future Land Use Plan recommends Low Density Residential for the
subject property. The proposed zoning request does not conform to the Comprehensive Plan.
The companion item is a Future Land Use Plan Amendment to revise the FLUP to reflect Retail
and Neighborhood Services uses.
Thoroughfare Plan – The property has direct access to Preston Road and Emerald Tract Drive.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property due to an existing park (Cedar Grove) toward the north. The applicant is proposing a 8’
hike and bike trail on the northeast corner (Lot 8). This trail has been planned since 2007 on the
Parks Trail Master Plan.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Zoning Ordinance
and state law. To date, staff has received 9 Public Hearing Notice Reply Forms/ Letter in
response to this request.
Per the zoning ordinance, if a written protest against a proposed amendment, supplement or
change to a zoning regulation or boundary has been filed with the Planning Department, duly
signed and acknowledged by the owners of 20 percent or more within 200 feet, requires
affirmative vote of three quarters of all members of the Town Council. At the time of this report,
staff have received more than 20 percent of opposition.
Attachments:
1. Aerial and Zoning Maps
2. Proposed Exhibits
3. Public Hearing Notice Reply Forms and Letters
4. Protest Map
Planning & Zoning Recommendation:
At their September 20, 2022, meeting, the Planning & Zoning Commission recommended the
Town Council denied the request, by a vote of 3-2.
Town Staff Recommendation:
Town staff still has concerns with the request due to the commercial uses proximity of the
residence and staff would recommend less intense uses such as office and increased landscape
buffers between the existing residence and proposed buildings. Staff recommends denial of the
zoning request. Should the applicant revise the request addressing the concerns, staff would be
willing to revise the recommendation upon further review.
Proposed Motion:
I move to approve/deny a request to rezone 13.3± acres from Single Family-15 (SF-15) to Planned
Development-Retail (PD-R), generally to allow for an office/retail development, located on the
east side of Preston Road, north of St. Peter Lane. (Z21-0003).
Page 96
Item 14.
Page 97
Item 14.
Page 98
Item 14.
717.68FF
726.70HI
RIGHT-OF-WAY DEDICATION
PARCEL 8, PART 1
CC #20110802000807680
SANITARY SEWER EASEMENT
CC #20150909001143310
SANITARY SEWER EASEMENT
CC #2015090900143280
SANITARY SEWER EASEMENT
CC #20150909001143310
AMON
XCF
XCF
1/2" CIRF
"VORTEX" (Y)
1/2" CIRF
VORTEX (Y)
1/2" CIRF
"EAGLE" (G)
1/2" CIRF
"5310" (Y)
1/2" CIRF
"5310" (Y)
1/2" CIRF
VORTEX (Y)
1/2" CIRF
5310/Y
1/2" CIRF
"ROOME" (Y)
1/2" CIRF
"VORTEX" (Y)
1/2" CIRF
"WESTWOOD" CM1/2" CIRF (Y)
5/8" CIRF
"SPIAR" (Y)
1/2" CIRF
"VORTEX" (Y)
CM
1/2" CIRF
"VORTEX" (Y)
MQ PROSPER NORTH LLC
CC #20161229001766390
13.310 ACRES
(579,776 SQ. FT.)
NO ADDRESS AVAILABLE
STATE HIGHWAY 289[PRESTON ROAD](variable width right-of-way)LISA COULTER
TRACT1
CC #20150721000897920
SINGLE FAMILY RESIDENT
1/2" CIRF
"VORTEX" (Y)
SIDEWALK
POINT OF
BEGINNING
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2" CIRS
1/2"
CIRS
1/2" CIRS1/2" CIRS
1/2" CIRS
1/2"
CIRS
N 01°26'22" E
280.61'
N 04°24'27" W
179.93'
N 02°33'29" E
192.43'
LOT 9, BLOCK A
THE SHOPS AT PROSPER TRAIL
CAB. 2016, PG. 194
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 2, BLOCK A
FRONTIER ESTATES,
PHASE 1
CAB. 2013, PG. 561
LOT 1, BLOCK D
PROSPER LAKE ON
PRESTON, PHASE 2
CAB. 2018, PG. 108
LOT 3X, BLOCK A
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 1, BLOCK A
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 1, BLOCK B
THE MONTCLAIR
CAB. 2017, PG. 776
LOT 2, BLOCK B
LOT 3, BLOCK B
LOT 4 BLOCK B
LOT 5, BLOCK B
LOT 6, BLOCK B
ST. PETER LANE (80' right-of-way)
LINE TABLE
LINE #BEARING DISTANCE
CURVE TABLE
NO.DELTA RADIUS LENGTH CH. L CH. B
1/2" CIRS
1/2" CIRS
EMERALD TRACE
DRIVE
(50' right-of-way)
TO BE ABANDONED
& FIRELANE/ACCESS
ESMT ESTABLISHED
MM FINISHED LOTS III,
LLC
CC #20171016001381730
MM FINISHED LOTS III, LLC
CC #20171016001381730
BLAINE & STACIE MASON
CC #2018110200136858
MM FINISHED LOTS III, LLC
CC #20171016001381730
MM FINISHED LOTS III, LLC
CC #20171016001381730
PROSPER LAKE HOA
CAB. 2018, PG. 108
CITY OF PROSPER
CC #20131220010003650
BLOCK I
LOT 11
SINGLE FAMILY
RESIDENTIAL
LOT 10
SINGLE FAMILY
RESIDENTIAL
LOT 9
SINGLE FAMILY
RESIDENTIAL
LOT 8
SINGLE FAMILY
RESIDENTIAL
ALA & PAMELA
AL-KHOURI
HARI
MADHUNAPANTULA
SCOTT
HAVLOVIC
WENDY MILLS
FRONTIER ESTATES,
PHASE 3
CAB. 2016, PG. 573
VACANT
VACANT
VACANT
SF RESIDENTIAL
VACANT
VACANT
SF RESIDENTIAL
SF RESIDENTIAL
389.8
4'
N 62°
5
2'
0
3"
E223.85'S 06°10'33" E389.8
4'S 62°
5
7'
3
9"
W
S 06°07'02" E
39.97'280.07'S 05°25'34" ES 82°49'43" W
529.60'
914.83'
N 89°20'16" E
S 82°52'21" W
732.63'
N 01°25'46" E
96.43'
N 88°34'14" W
100.71'104.25'S 07°10'17" ES 55°02'25" W
63.23'ZONING EXHIBIT13.310 ACRESCOLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 172TOWN OF PROSPERCOLLIN COUNTY, TEXASMQ DEVELOPMENT COMPANY4622 MAPLE AVENUE SUITE 200DALLAS, TEXAS 7521934271-Zoning08.01.20221" = 60'VICINITY MAP
NOT TO SCALE
34271.00Date :Scale :File :Project No. :G:\342\71\ENGINEERING\Exhibits\34271-Zoning.dwgTexas Engineers Registration No. 89Texas Surveyors No. 10086600 Expires 12/31/2019COPYRIGHT ã 2022, Winkelmann & Associates, Inc.No.DATEREVISIONAPPROV.Scale 1" = 60'
N
S
EW
12060030
G
e
n
t
l
e
C
r
e
e
k
HIGHPOINT
PRAIRIEVIEWNORTHERNBURLINGTONRAEWOOD
CHANDLER
PROSPER TRAIL
STATE HIGHWAY 289SITE
COIT ROADCOLEMAN STREETFUTURE LAND USE:
RESIDENTIAL
PD-RETAIL
PARK
PD FOR
RESTAURANT/RETAIL
& OFFICE USES
ZC 21-003
EXHIBIT A
FUTURE LAND USE:
RESIDENTIAL
FUTURE LAND USE:
FUTURE LAND USE:
RESIDENTIAL
RESIDENTIAL
RETAIL/
RESTAURANT/
OFFICE
Page 99
Item 14.
Z21-0003
Statement of Purpose and Intent
MQ Development Prosper North Exhibit B
MQ Development proposes a Planned Development District to accommodate neighborhood services
development on Lots 1-8, and single family residential on Lots A and B on the 12.011-acre site located
on the east side of Preston Road, north of St. Peter Lane. The proposed planned development district
would be tailored to allow a range of restaurant and retail uses, as well as office and personal service
uses. Lots A and B would be developed with a single family residence on each lot with lot area greater
than 25,000+ square feet. Lot 8 and the eastern portion of Lot 3 would provide a transition buffer to
the existing and planned single family to the east.
The proposal would be anchored by upscale restaurant development with outdoor patios that take
advantage of a planned amenity pond. The programming of restaurants on Preston Road takes
advantage of visibility while office or other neighborhood services are planned on east side to ensure a
compatible transition to conventional single family development to the east and southeast. Moreover,
appropriate vegetative screening would provide additional separation and ensure compatibility between
properties. A north-south solid vegetive hedge along the eastern perimeter of Lot 2 and extending
through Lot 3 will screen and provide greater separation from residential to the east. Lot 2 has been
programmed with the flexibility to accommodate a boutique high end grocer, or other appropriate retail
use.
As an extension of established development on Preston Road, the proposal would carry forward high
quality building design and aesthetics of the Shops at Prosper Trail development, anchored by Kroger to
the south. Please find the enclosed building elevations exhibit for illustrations of the proposed
development. MQ Development is amenable to volunteering deed restrictions to impose a requirement
of exterior building materials at the expense of the developer. Lastly, per the Town’s request, MQ
Development has agreed to dedicate an easement and build a walking trail on Lot 8 to allow for
connection between the park to the north and trail to the east.
Page 100
Item 14.
1
Z21-0003
EXHIBIT C
PLANNED DEVELOPMENT CONDITIONS
MQ PROSPER NORTH
A1. Statement of Effect: Lots 1-8, Subdistrict A, shall develop under the regulations of the Retail (R)
District of the Town’s Zoning Ordinance as it exists or may be amended except as otherwise set
forth herein. Lots A and B, Subdistrict B, shall develop under the regulations of the Single Family-
22 (SF-22) District of the Town’s Zoning Ordinance as it exists or may be amended except as
otherwise set forth herein.
A2. Development Plans (Retail and SF-22 Districts); Exhibit – D Concept Plan, Exhibit – E Landscape
Plan; Exhibit F-1-F3 Building Elevations; Exhibit - H Screening Plan
Permitted Uses. Subdistrict A, for Lots 1-6, conditional development standards (C) must be met
per the Zoning Ordinance, No. 05-20, as it exists, or may be amended. Uses shall be permitted as
a Specific Use with the approval of a specific use permit (SUP). Building and parking lot
development is prohibited on Lots 7 and 8.
List of Permitted Uses:
1. Administrative, Medical or Professional Office
2. Antique Shop
3. Artisan’s Workshop
4. Bank, Savings and Loan, or Credit Union, Lots 1-6 only
5. Bed and Breakfast Inn
6. Beauty Salon, Barber Shop, Lots 1, 2 and 3 only
7. Building Materials and Hardware Sales, Minor, Lots 1-3 only
8. Business Service, Lots 1 - 4only
9. Child Care Center, Licensed, only one permitted in PD, Lots 3 and 4by SUP only
10. Convenience Store without Gas Pumps, Lots 1-3 by SUP only
11. Day Care Center, Adult, only one permitted in PD, Lots 1, 3 and 4 by SUP only
12. Dry Cleaning, Minor
13. Commercial Amusement, Indoor, Lots 1, 2, 5 and 6
14. Farmer’s Market, Lots 1-4
15. Furniture, Home Furnishings and Appliance Store, Lot 3
16. Health/Fitness Center, Lots 1-6
17. Insurance Office, Lots 1-6
18. Message Therapy, Licensed, Lots 1-6
19. Print Shop, Minor, Lots 1-4
20. Restaurant, Lots 1, 2, 5 and 6 only (May include outdoor entertainment in Lots 1, 5 and 6
provided speakers face west away from the single family residential to the east.)
=
21. Retail Stores and Shops, Lots 1-6
22. Retail Service, Indoor, Lots 1-6 only
23. Retail/Service Incidental Use, Lots 1-6
24. School, Private
25. Theatre, Neighborhood, Lots 2 and 3 by SUP only
Page 101
Item 14.
2
Permitted Uses, Subdistrict B: For Lots A and B, permitted uses are those uses allowed in the SF-
22 District, Section 5.3 of the Zoning Ordinance, Town of Prosper.
A3. Regulations. For Lots 1-8, development is subject to the Retail District except for the following
regulations:
1. Maximum Height
a. Buildings on Lots 1-6 are limited to one story and a maximum of 30 feet in height.
2. Building Setbacks
a. For Lots 1-6, the minimum building setback from an interior property line is 5 feet, except
that patios may encroach into interior lot line setbacks on Lots 1, 5 and 6. Patios may not
encroach into required landscape setbacks.
3. Maximum Floor Area: Amendment to the Concept Plan is not required for modifications to
the building floor area shown at permit application provided the following criteria is met:
a. Compliance with off-street parking regulations is maintained for the PD District as a
whole.
b. The proposed building floor area does not cause a substandard condition or violate any
other applicable development standard
c. The proposed building floor area does not exceed the following parameters for each lot:
Lot 1: 8,500 square feet; Lot 2: 26,000 square feet; Lot 3: 5,500 square feet; Lot 4: 5,000
square feet; Lot 5: 7,500 square feet; Lot 6: 6,600 square feet
A4. Regulations. For Lots A and B, development shall adhere to the regulations of the SF-22 District,
Section 5 of the Zoning Ordinance, Town of Prosper, except as provided herein.
1. Lots A and B are not required to front on a public street right-of-way provided each lot has
access to a dedicated public access, fire lane and utility easement.
2. The minimum lot width for Lot A is 85 feet and the minimum Lot width for B is 100 feet.
3. Standard street dimensions and curb and gutter standards do not apply to the mutual access
easement provided the fire lane/driveway width is a minimum of 31 feet. Sidewalk, curb and
gutter etc.
4. The mutual access easement serving Lots A and B shall be maintained and the responsibility of a
property or homeowner’s association.
A5. Design Guidelines. For Lots 1-6, the development shall adhere to the following design guidelines
if an agreement is made between the Town and the property owner:
1. Elevation Review and Approval
a. Building Elevations shall substantially conform to the Concept Elevations provided in Exhibits
F-1, F-2 and F-3.
b. Building Materials in addition to the building materials permitted in Chapter 4, Section 8 of
the Zoning Ordinance, as exists or may be amended, such materials shall also include
Architectural Structural Block, under the trade name “Quik Brick” (a 4” manufactured
concrete masonry unit) and cultured stone (manufactured) individually stacked, as provided in
the building elevations Exhibits F-1 – F-3 which is a part herein. The clay-fired brick colors
used in Exhibits F-1 – F-3 shall be consistent throughout the Planned Development District.
Split-faced block, architectural concrete block, and painted/textured concrete tilt wall shall be
limited to a maximum of ten percent (10%) of any single elevation on any pad site.
Page 102
Item 14.
3
A 6. Additional Standards
1. Open Space
a. Lots 7 and 8, as depicted on the Exhibit D, shall be maintained as open spaces. Lot 7 shall
contain an amenity pond
b. The amenity pond in Lot 7 shall contain an operable fountain.
c. Lots 7 and 8 improvements shall be developed at the time of construction of phase 1.
d. Lots 7 and 8 improvements shall be constructed at the developer’s cost.
e. Lots 7 and 8 shall be maintained by the property owner, or property management
association.
2. Hike and Bike Trail
a. An 8-foot wide hike and bike trail is required as noted in Lot 8.
b. The hike and bike trail shall be constructed at the time of construction of phase 1.
c. The section of hike and bike trail located on Lot 8 shall be constructed at the developer’s
cost.
3. Landscape and Screening, perimeter
a. A minimum 30-foot landscape easement is required along Preston Road in Lot 1. The
perimeter trees and shrub requirement may be satisfied through a combination of existing
and proposed trees per Landscape Plan, Exhibit G-1 and G-2.
b. A berm is required in the landscape easement along Preston Road in Lot 1. A conventional
berm is not required in the landscape easement along Preston Road in Lot 7. Alternative
berming is required in the two areas generally identified on the east side of Lot 7 on the
Concept Plan and Landscape Plan.
c. A minimum 15-foot landscape easement is required along Saint Peter Lane in Lots 4 and 5.
d. Perimeter landscaping shall generally comply with the Landscape Plan, Exhibit G-1 and G-2.
4. Landscape, parking lots. Parking lot landscaping shall comply with Section 2 of Prosper
Development Requirements.
5. Landscape Requirements for Certificate of Occupancy. All perimeter landscaping along
Preston Road and Saint Peter Lane shall be installed prior to issuance of a certificate of
occupancy (CO).
6. Lot Frontage
a. Lots are not required to front on a public right-of-way provided each lot has access to a
dedicated public access, fire lane and utility easement.
7. Perimeter Screening/Fencing. Perimeter screening and fencing shall be provided as shown
on the Perimeter Screening Plan, Exhibit H.
a. Man-made perimeter screening or fencing is not required along the following perimeters:
i. northern perimeter of Lot 1
ii. eastern northern, and southern perimeters of Lot 8
iii. the northern perimeter of Lot 3
iv. northern (a portion of) and eastern perimeter, and southern perimeter where the mutual
access easement exists of Lot 3
v. between Lots 3 and Lots A and B
vi. southern perimeter of Lot 2
b. Perimeter screening is required as follows:
i. a4-foot tall masonry wall is required for a portion of the eastern perimeter of Lot 2
Page 103
Item 14.
4
ii. a 6-foot tall masonry wall along the eastern and southern perimeters of Lot 4
and the southern and western perimeter of Lot 5.
iii. a 6-foot tall wall along a portion of the southern perimeter of Lot 7.
8. Screening buffer requirements
a. A continuous vegetative hedge is required generally along the eastern perimeter of Lot
2 and extending through Lot 3 as shown on the Concept Plan. The vegetative hedge shall
be made of a row of shrubs that grow to a minimum height of 8 feet at maturity. A row
of trees is also required in the 15’ Landscape Setback as noted in Lots 2 and 3 on the
Concept Plan and Landscape Plan. The vegetative hedge and trees shall be installed with
phase 1 construction.
b. A perimeter screening buffer is not required along the southern perimeter of Lot 3 due
to an established mutual access easement provided the following conditions are met:
i. Parking spaces or loading areas are located a minimum of 30 feet from the southern
property line
ii. Buildings are located a minimum of 30 feet from the southern property line
iii. Three canopy trees are provided along the southern elevation of Building 3
9. Parking Requirements. For parking purposes in satisfying off-street parking requirements
in Subdistrict A, Lots 1-6 are considered one lot.
A 7. Additional Provisions:
Restaurants located on Lots 1, 5 and 6 may have outdoor dining patios oriented toward the open space
(Lot 7).
Detention facilities are permitted to be dry ponds, subject to compliance with Town of Prosper
Stormwater Regulations, and review and approval by Town Engineering.
Page 104
Item 14.
(80' right-of-way)[PRESTON ROAD](variable width right-of-way)(50' right-of-way)ã VICINITY MAP
NOT TO SCALE
N
S
EW
“”
·
·
Page 105
Item 14.
09/15/22
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREGORY CUPPETT, LICENSED
IRRIGATOR & LANDSCAPE ARCHITECT (LICENSED IRRIGATOR NUMBER 0023539, LANDSCAPE ARCHITECT
REGISTRATION NUMBER 2672) ON 08/29/22 WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC
RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE RULES AND
ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR
USE OF THIS DRAWING FILE THAT IS INCONSISTENT WITH THE REQUIREMENTS OF THE RULES AND
REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE TEXAS DEPARTMENT
OF LICENSING AND REGULATION. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE IRRIGATOR/LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT TO RULE 3.103(F) OF THE
REGULATIONS OF THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, THE USER OF THIS
1921 MAPLEWOOD DR
WEATHERFORD, TX 76087 682-215-9151
PARKS AND OPEN SPACE PLANNING - LANDSCAPE ARCHITECTURE - IRRIGATION DESIGN ã LOT 1 LOT 2 LOT 3 LOT 4 LOT 5
LOT 6 LOT 7 LOT 8
Page 106
Item 14.
3" Cal.
(4) QUE VIR
3" Cal.
(3) QUE SHU
3" Cal.
QUE SHU (4)
3" Cal.
ACE CDD (5)
3" Cal.
ACE CDD (4)
3" Cal.
QUE SHU (6)
7 gal.
(22) LEU FRU
3" Cal.
(1) CER CAN
3" Cal.
(2) QUE SHU
3" Cal.
QUE VIR (2)
3" Cal.
(4) ULM CRA
3" Cal.
(3) PIS CHI
3" Cal.
(5) ULM CRA
3" Cal.
(3) PIS CHI
3" Cal.
(3) PIS CHI
7 gal.
(25) HES PAR
3" Cal.
(2) QUE SHU
3" Cal.
(2) QUE VIR
3" Cal.
(2) ULM CRA
3" Cal.
(5) ACE CDD
3" Cal.
(2) PIS CHI
3" Cal.
(3) QUE VIR
3" Cal.
(3) QUE VIR
3" Cal.
(2) ULM CRA
3" Cal.
(2) ACE CDD
3" Cal.
(2) QUE SHU
3" Cal.
PIS CHI (2)
7 gal.
LEU FRU (24)
3" Cal.
(2) ULM CRA
3" Cal.
(4) ULM CRA
3" Cal.
QUE SHU (1)
45 gal.
(3) ILE DEC
45 gal.
(3) ILE DEC
45 gal.
(3) LAG DA2
45 gal.
ILE DEC (3)
45 gal.
(4) LAG T31
45 gal.
(4) LAG T31
3" Cal.
PIS CHI (1)
45 gal.
ILE DEC (6)
3" Cal.
(3) ACE CDD
3" Cal.
ACE CDD (1)
10 gal.
(15) ILE NEL
45 gal.
VIT CHA (1)
45 gal.
VIT CHA (1)
45 gal.
VIT CHA (1)
45 gal.
VIT CHA (1)
3" Cal.
CER CAN (3)
3" Cal.
CER CAN (3)
3" Cal.
CER CAN (2)
3" Cal.
CER CAN (5)
7 gal.
ILE NAN (32)
7 gal.
LEU FRU (31)
7 gal.
YUC MUL (17)
7 gal.
HES PAR (24)
7 gal.
LEU FRU (57)
7 gal.
ILE NAN (56)
7 gal.
YUC MUL (48)
7 gal.
HES PAR (65)
3" Cal.
QUE VIR (2)
3" Cal.
(3) CER CAN
3" Cal.
QUE SHU (3)
3" Cal.
CER CAN (6)
3" Cal.
ACE CDD (2)
3" Cal.
ULM CRA (2)
7 gal.
HES PAR (7)
3" Cal.
ACE CDD (2)
3" Cal.
(1) CER CAN
10 gal.
(17) ILE NEL
3" Cal.
(1) PIS CHI
7 gal.
(13) LEU FRU
7 gal.
(5) YUC MUL
7 gal.
(16) HES PAR
7 gal.
(52) ILE NAN
7 gal.
LEU FRU (26)
7 gal.
ILE NAN (44)
7 gal.
HES PAR (14)
7 gal.
YUC MUL (5)
3" Cal.
(2) PIS CHI
10 gal.
(18) ILE NEL
45 gal.
LAG T31 (2)
3" Cal.
(1) QUE SHU
3" Cal.
(6) QUE VIR
3" Cal.
(2) PIS CHI
45 gal.
(9) JUN EAS
45 gal.
(18) JUN EAS
3" Cal.
(6) QUE VIR
45 gal.
(4) LAG DA2
3" Cal.
PIS CHI (4)
3" Cal.
ULM CRA (3)
3" Cal.
CER CAN (5)
3" Cal.
(1) PIS CHI
3" Cal.
ULM CRA (3)
3" Cal.
(4) CER CAN
10 gal.
(16) ILE NEL
3" Cal.
(2) QUE VIR
3" Cal.
(3) PIS CHI
45 gal.
(4) ILE DEC
3" Cal.
CER CAN (4)
3" Cal.
(3) ULM CRA
3" Cal.
(3) QUE VIR
3" Cal.
(2) QUE SHU
3" Cal.
(2) PIS CHI
7 gal.
(48) HES PAR
7 gal.
ILE NAN (41)
3" Cal.
(4) CER CAN
10 gal.
ILE NEL (20)
7 gal.
LEU FRU (33)
10 gal.
ILE NEL (12)
45 gal.
VIT CHA (2)
7 gal.
(21) LEU FRU
3" Cal.
(2) ULM CRA
3" Cal.
ULM CRA (1)
3" Cal.
ULM CRA (2)
3" Cal.
PIS CHI (3)
7 gal.
(59) MYR PUS
THIS ELECTRONIC DRAWING FILE IS RELEASED UNDER THE AUTHORITY OF GREGORY CUPPETT, LICENSED
IRRIGATOR & LANDSCAPE ARCHITECT (LICENSED IRRIGATOR NUMBER 0023539, LANDSCAPE ARCHITECT
REGISTRATION NUMBER 2672) ON 09/19/22 WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC
RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE RULES AND
ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR
USE OF THIS DRAWING FILE THAT IS INCONSISTENT WITH THE REQUIREMENTS OF THE RULES AND
REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS AND THE TEXAS DEPARTMENT
OF LICENSING AND REGULATION. NO PERSON MAY MAKE MODIFICATIONS TO THIS ELECTRONIC
DRAWING FILE WITHOUT THE IRRIGATOR/LANDSCAPE ARCHITECT'S EXPRESS WRITTEN PERMISSION.
DRAWING FILE MAY BE USED AS A BACKGROUND DRAWING. PURSUANT TO RULE 3.103(F) OF THE
REGULATIONS OF THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, THE USER OF THIS
1921 MAPLEWOOD DR
WEATHERFORD, TX 76087 682-215-9151
PARKS AND OPEN SPACE PLANNING - LANDSCAPE ARCHITECTURE - IRRIGATION DESIGN
50'0'
THIS LANDSCAPE PLAN IS PROVIDED TO SHOW REQUIRED LANDSCAPING TO
MEET TOWN OF PROSPER CODES. THERE ARE EXISTING TREES ON SITE THAT
MAY BE PRESERVED AND/OR MITIGATED BASED ON FINAL GRADING. PERMIT
DRAWINGS WILL REFLECT EXISTING TREES AND PRESERVATION/MITIGATION.
TREES PRESERVED WITH FINAL GRADING MAY OR MAY NOT COUNT TOWARDS
REQUIRED LANDSCAPING AS DEFINED IN TOWN LANDSCAPE ORDINANCE.
09/19/22
100'ã TREES CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
ACE CDD 24 Acer saccharum `Caddo`Caddo Sugar Maple 3" Cal.12` Height Min As Shown
CER CAN 43 Cercis canadensis Eastern Redbud 3" Cal.8`As Shown
ILE DEC 19 Ilex decidua Possumhaw Holly 45 gal.8`As Shown 3" caliper Min.
JUN EAS 27 Juniperus virginiana Eastern Redcedar 45 gal.8`-10` Ht.3" caliper Min.
LAG DA2 7 Lagerstroemia indica `Dallas Red`Red Crape Myrtle 45 gal.8`As Shown 3 to 5 canes, 3" caliper Min.
LAG T31 11 Lagerstroemia indica `Tuscarora`Crape Myrtle 45 gal.8`As Shown 3 to 5 canes, 3" caliper Min.
PIS CHI 35 Pistacia chinensis Chinese Pistache 3" Cal.10` Min.As Shown
QUE SHU 30 Quercus shumardii Shumard Red Oak 3" Cal.12` Height Min As Shown
QUE VIR 32 Quercus virginiana Southern Live Oak 3" Cal.12` Height Min As Shown
ULM CRA 37 Ulmus crassifolia Cedar Elm 3" Cal.12` Height Min As Shown
VIT CHA 6 Vitex agnus-castus Chaste Tree 45 gal.8`As Shown 3" Caliper Min.
SHRUBS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING REMARKS
HES PAR 200 Hesperaloe parviflora Red Yucca 7 gal.18"-24"48" O.C.
ILE NAN 225 Ilex vomitoria 'Nana'Dwarf Yaupon Holly 7 gal.18"-24"36" O.C.
ILE NEL 98 Ilex x `Nellie R. Stevens`Nellie R. Stevens Holly 10 gal.36" Min 48" O.C.
LEU FRU 223 Leucophyllum frutescens Texas Sage 7 gal.24"-36"48" O.C.
MYR PUS 59 Myrica pusilla Dwarf Southern Wax Myrtle 7 gal.36" Min 48" O.C.
YUC MUL 75 Yucca recurvifolia Soft Leaf Yucca Multi-Trunk 7 gal.18"-24"48" O.C.
GROUND COVERS CODE QTY BOTANICAL NAME COMMON NAME SIZE HEIGHT SPACING SPACING REMARKS
CYN DAC 156,962 sf Cynodon dactylon Bermuda Grass Hydro-Mulch
NAS PON 5,812 Nassella tenuissima `Pony Tails`Mexican Feathergrass 4" pots 18" O.C.18" o.c.
PLANT SCHEDULE
NOTE:
THIS PLAN IS CONCEPTUAL IN
NATURE AND THE DETAIL PER THE PD
AND TOWN ORDINANCE WILL BE
PROVIDED WITH THE SP/PSP.
COMBINATION 4' RETAINING
WALLS AND LANDSCAPE TO
PROVIDE MINIMUM 8' SCREEN
TRAIL BRIDGE
Page 107
Item 14.
Page 108
Item 14.
Page 109
Item 14.
Page 110
Item 14.
1
David Soto
From:Ala Al-khouri <alkhouri1973@gmail.com>
Sent:Friday, September 16, 2022 6:00 PM
To:David Soto
Subject:[*EXTERNAL*] - Re: Z21-0003 MQ/Prosper North
***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive
sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages
from this email. *****
Re: File Z 21-0003 MQ Development – MQ Prosper North
Dear Town Officials – I was originally opposed to MQ Development’s commercial proposal planned at the northeast
corner of Preston Road and Saint Peter Lane. Since the original proposal, the developer has met and spoken with me
several times on a few of my concerns. The developer has made changes to the plan that include addressing the
following items: 1) re-located parking spaces and dumpsters, 2) added robust planting of trees and shrubs between our
properties, 3) re-located the planned trail farther west away from my property; and 4) ensured the preservation of trees
on planned Lot 8.
The developer has appeased my concerns and I am in full support of the proposal
Thanks
Ala Alkhouri
. On Tue, Sep 13, 2022 at 5:15 PM David Soto <dsoto@prospertx.gov> wrote:
I did talk to Parks and wanted to setup a meeting to discuss the trail.
We have Thursday afternoon or Friday available.
David I. Soto
Planning Manager
972.569.1095
250 W. First Street
Page 111
Item 14.
1
Douglas Braches
From:Colleen Berlinger <colleenberlinger@gmail.com>
Sent:Wednesday, September 14, 2022 9:43 PM
To:Brandon Daniel; Sarah Peterson; Damon Jackson; sekou_harris@prospertx.gov; Michael Pettis; Doug
Charles; Tommy Van Wolfe; David Soto; Paul Rodriguez; Pamela Clark; Douglas Braches
Subject:[*EXTERNAL*] - Don Silverman-MQ Development/Re-Zoning Preston Rd.
Follow Up Flag:Follow up
Flag Status:Flagged
***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive
sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages
from this email. *****
Good Morning,
I wanted to share my opposition and concern about the proposed rezoning of the land north of the Prosper Kroger on
Preston Rd, which is set to be discussed at the September 10, 2022 meeting. Unfortunately I am unable to attend in
person.
This property is adjacent to a street in our neighborhood, where homeowners spent significant sums of money for their
'premium lots' due to the location, privacy and the greenspace area behind them. They are now facing having their
home values plummet by having a commercial complex built behind their homes. This is completely unacceptable and
in my opinion would be irresponsible for the town to approve. What is next, The Montclair, the old Deion Sanders
property? You should not be approving communities and then changing the aesthetic of them once something else
comes along.
I am also concerned about what effects the building and regrading are going to have on the area where the current
retention pond in Prosper Lake on Preston overflows to. If the area is disturbed and not handled appropriately it could
very well cause the retention pond to overflow and flood homes in the adjacent area.
Our home is at the opposite end of the overflow/outlet but this is a very real concern for us. Previously we lived in a
home that flooded for a similar issue. Our former town redirected water into a retention pond next to our home, we
had a heavy rain and our entire neighborhood flooded causing massive damage, service interruptions, and health
issues. I do not want to experience that again.
Finally, all I can ask is that each of you come walk the area and think about what your reaction would be to the proposed
changes if you owned a home on Dublin Ridge or any property in Prosper Lake on Preston?
Thank you for your thoughtful consideration.
Respectfully,
Colleen Berlinger
1711 Lakefront Dr.
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1
Pamela Clark
From:David Soto
Sent:Friday, September 16, 2022 4:09 PM
To:Douglas Braches
Subject:FW: [*EXTERNAL*] - Objection to Zoning change
David I. Soto
Planning Manager
972.569.1095
250 W. First Street
Town of Prosper
www.prospertx.gov
‐‐‐‐‐Original Message‐‐‐‐‐
From: Don Larrenaga <dllarrenaga@gmail.com>
Sent: Friday, September 16, 2022 4:04 PM
To: David Soto <dsoto@prospertx.gov>
Subject: [*EXTERNAL*] ‐ Objection to Zoning change
***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender
verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email.
*****
Dear Mr Soto,
I live at 1521 Saint Peter Ln, Prosper, Tx.
I want to formally object to a zoning change to the property directly behind my house. I bought my home know the
property behind my house was not zoned commercial. A zoning change will drastically reduce the value of my property
as well as my neighbors. I am out of town for business until 9‐26‐22. I will file a file a written objection to any zoning
changes upon my return. Once again I want to express my adamant objections to any zoning changes to the property
behind my home.
Thank you,
Don Larrenaga
Sent from my iPhone
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1
Pamela Clark
From:Jayson Maslowski <jayson.maslowski@gmail.com>
Sent:Tuesday, September 13, 2022 4:03 PM
To:Douglas Braches
Subject:[*EXTERNAL*] - RE: Public Hearing Notice Z21-0003 MQ Prosper North
***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive
sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages
from this email. *****
Doug,
Thank for sending the forms over. For the record, my wife and I strongly oppose zoning case: Z21‐0003. We oppose to
the residental property because it is too close to our walking path, it would cause the destruction of mature trees, we
oppose the extention of the walking path that would look into our backyard, retail spaces too close to our property and
would have a view into our back yard and finally we don't want to hear the additional traffic that this would generate.
Please save our response in the case file.
I will be sending in my written response and plan on attending the formal meeting.
Thank you,
Jayson Maslowski
1601 Dublin Ridge Dr
Prosper TX 75078
Ph: 603‐501‐9158
‐‐‐‐‐‐‐‐ Original message ‐‐‐‐‐‐‐‐
From: Douglas Braches <DBraches@prospertx.gov>
Date: 9/13/22 3:50 PM (GMT‐06:00)
To: jayson.maslowski@gmail.com
Subject: Public Hearing Notice Z21‐0003 MQ Prosper North
Hello,
See attached for the public hearing notice for zoning case Z21‐0003.
Feel free to email me back any comments or reply that you have and I will save it to our case file.
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Item 14.
2
Thank you and if you have any questions please let me know,
Doug Braches
Planning Technician
Town of Prosper
250 W. First Street
Prosper, TX 75078
972‐569‐1097
DBraches@prospertx.gov
www.prospertx.gov
Confidentiality notice: This email and any files accompanying its transmission are intended only for the recipient to
whom it was addressed. This email may contain information that is legally privileged, confidential, or exempt from
disclosure under applicable law. If you are not the intended recipient, be advised that the unauthorized use, disclosure,
duplication, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you have
received this in error, please notify the sender by return email and then remove it immediately from your system.
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Page 1 of 1
To: Mayor and Town Council
From: David Soto, Planning Manager
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
Re: Comprehensive Plan Advisory Committee
Town Council Meeting – October 11, 2022
Agenda Item:
Consider and act upon the appointment of members to the Comprehensive Plan Advisory
Committee.
Description of Agenda Item:
At the September 13, 2022, Town Council meeting, the Town Council approved a Professional
Services Agreement with Freese and Nichols, Inc., (FNI) to provide an update to the
Comprehensive Plan. The first task in the agreement is for the Town is to appoint a
Comprehensive Plan Advisory Committee (CPAC) that will work with FNI and Town staff
throughout the planning process.
While the exact membership of the CPAC is at the discretion of the Town, the plan was that the
CPAC would consist of the following:
Two (2) Town Council members; and
Two (2) Planning and Zoning Commission members; and
One (1) person who could be another elected official, appointed official, resident, or a
business owner.
The CPAC, Town, and FNI will meet up to three (3) times at key milestones throughout the course
of the project. The CPAC will discuss and provide input on issue identification, existing conditions,
visual character survey, vision statement, goals & objectives, future land use, housing strategies,
economic analysis, and the implementation plan.
Town Staff Recommendation:
Town staff recommends that the Town Council consider and act upon the appointment of members
to the Comprehensive Plan Advisory Committee.
Prosper is a place where everyone matters.
PLANNING
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Page 1 of 4
TOWN OF
PROSPER
TITLE: TOWN MANAGER SALARY: DOQ
DEPARTMENT: ADMINISTRATION LAST UPDATE: 10/11/22
REPORTS To: TOWN COUNCIL FLSA DESIGNATION: EXEMPT
DEFINITION:
Under the direction of the Town Council, the Town Manager shall serve as Chief Administrative Officer
of the Town and oversees the daily operations of the Town. The Town Manager shall be responsible to
the Town Council for administration of all the affairs of the Town, with only those exceptions that are
named in the Town Charter.
The intent of this position description is to provide a representative summary of the major duties and
responsibilities performed by incumbent(s) in this position. Incumbent(s) may not be required to perform
all duties in this description and incumbent(s) may be required to perform position -related tasks other
than those specifically listed in this description
SUPERVISION RECEIVED AND EXERCISED:
• Receives general policy direction from the Town Council.
EXAMPLES OF DUTIES:
Duties and responsibilities include, but are not limited to, the following:
Essential Functions:
Appoint, suspend, and remove all Town employees and appointive administrative officers provided
for in the Town Charter, except as otherwise provided by law.
Direct and supervise the administration of all departments, offices and agencies of the Town, except
as otherwise provided by law or the Town Charter.
See that all state laws and Town ordinances are effectively enforced.
Attend all Town Council meetings, with the right to take part in discussion, but the Town Manager
shall not vote.
Prepare and accept, or designate an appropriate department head or Town employee to prepare and
accept, items for inclusion in the official agenda of all Town Council meetings and meetings of all
boards and commissions.
Oversees the preparation of and recommends to the Town Council the annual budget and capital
program, and administer the budget as adopted by the Town Council.
Keep the Town Council fully advised at least quarterly as to the financial conditions and future needs
of the Town, and make such recommendations concerning the affairs of the Town, as the Town
Manager or the Town Council deems desirable or necessary.
Make reports as the Town Manager believes necessary, or the Town Council may require, concerning
the operations of the Town departments, offices, or agencies subject to the Town Manager’s direction
or supervision.
Perform such other duties as are specified in the Town Charter or may be required by the Town
Council, and are consistent with the Town Charter or state or federal law.
Working with staff Town Manager responds to and resolves resident and development inquiries and
concerns; negotiates and resolves controversial issues; responds to Town Council, in a timely manner.
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Page 2 of 4
Administers the effective and efficient planning, implementation, coordination and management of
services provided to the residents and businesses of Prosper by municipal employees by providing
guidance and direction to appropriate staff.
Responsible for development of long and short-range plans through solicited input from Town
Council, community organizations, private citizens, department heads and officials.
Consults and directs all Town employees in solving administrative and operational problems,
developing and implementing changes in organizational structure, policies or procedures, to meet
Town operational and fiscal goals.
Reviews applicable federal, state and local laws, ordinances and regulations for compliance, and
makes recommendations to Town Council, where non-compliance issues might arise or to develop
and implement new ordinances and regulations to enhance, update, modify, or clarify existing
ordinances.
Responsible for development and coordination of Town affairs with federal, state and local entities,
federal and state agencies, civic and private groups, and citizens.
Promotes Town programs, activities, services, and business opportunities in order to increase
economic development opportunities.
Develops and negotiates Town economic development agreements as needed, while coordinating
such efforts with the Prosper Economic Development Corporation, for consideration by the Town
Council.
Oversees through various departments construction projects designed to enhance Town infrastructure
effectiveness and support economic development projects.
Responsible for developing techniques to identify more efficient and effective ways of accomplishing
Town service delivery.
Plans, coordinates and directs the work of Town departments through delegation of authority and
responsibility to department executive directors and directors.
Advises and supports department heads in the preparation and implementation of new programs and
coordinates preparations of various operating and administrative reports.
Assures Town operations are performed within budget; prepares cost control activities; monitors
revenues and expenditures to assure sound fiscal control; assures efficient use of Town budget funds,
personnel, materials, facilitates, and time.
Provides guidance and support to all departments in regard to human resources, information
technology, finance and related operations.
Responsible for the administration of operating and capital budget duties including establishment of
policies for carrying out budget directives, and reviewing operating and capital budgets periodically
to analyze trends.
Responsible for the administration of the policies and procedures within the Town and ensures that
appropriate linkages exist between budget goals, purchasing procedures, and funding limitations and
service levels adopted to meet specific departmental, and Town Council goals.
Prepares agenda items for, and gives presentations to, the Town Council and Town Boards and
Commissions, including financial reports, graphs, charts, and other illustrative materials by gathering
and analyzing data.
Adheres to personnel, safety, and other policies and procedures.
Informs Town Council of all work-related activities.
Performs other duties as required or assigned.
ADDITIONAL DUTIES:
May travel to attend meetings, conferences, and training.
Regular and consistent attendance for the assigned work hours is essential
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Page 3 of 4
Attends meetings with citizens’ groups as well as Town events and functions outside of normal office
hours.
TRAINING QUALIFICATIONS:
At least 7 years’ experience in city/town management as either Assistant City/Town Manager or
City/Town Manager; preference may be given to Texas town/city experience.
A Bachelor's Degree in Public Administration, Business Administration, Accounting, Finance, Urban
Planning, or related field is required and a Master’s Degree in Public Administration or Business
Administration or related field.
Must have a valid Texas Class C driver's license and driving record must be in compliance with Town
policy.
Must submit to and pass a post-offer, non-regulated drug screening and thorough background check.
KNOWLEDGE/SKILLS/ABILITIES:
Must have excellent managerial, leadership, organization, customer and public relations, personnel
management, economic development, and budgetary skills in a town/city organizational
environment; preference may be given to Texas town/city experience.
Must have excellent communication skills, both oral and written as well as public speaking and
presentation skills.
Skill in the use of modern office equipment and software to include by not limited to Microsoft Office
(Outlook, Excel, Word, PowerPoint).
Must be able to maintain a professional and pleasant demeanor at all times.
Must be able to manage multiple projects, meet deadlines, prioritize and organize work assignments,
work well under pressure and stress, and make competent decisions.
May work extensive hours, as needed to attend board, Town Council, and other related meetings.
PHYSICAL ABILITIES:
To perform the essential functions of the job, must be able to talk, write, see, read, and hear
PHYSICAL DEMANDS
The physical demands are representative of those that must be met by an employee to successfully
perform the essential functions of this job.
Regularly required to sit, handle, or feel objects, tools, or controls; reach with hands and arms; talk
or hear.
Must be able to walk, stand, stretch, bend, twist, stoop, and kneel.
Frequently required to lift and/or move up to 30 pounds.
Specific vision abilities required by this job include close vision and the ability to adjust focus.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those that an employee
encounters while performing the essential function of this job.
The noise level in the work environment is usually moderate. Employee must have ability to maintain
concentration in the midst of interruptions and background noise.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential
functions of this job.
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Item 16.
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This job description is not an employment agreement or contract. Town Council has exclusive right to
alter this job description at any time without notice.
Employee's Signature Mayor’s Signature
Date Date
The Town of Prosper, Texas, is an Equal Opportunity Employer. In compliance with the Americans with
Disabilities Act, the Town will provide reasonable accommodations to qualified individuals with
disabilities and encourages both prospective and current employees to discuss potential accommodations
with Human Resources and/or the Town Manager.
PROSPER'S PURPOSE - PROSPER IS A PLACE WHERE EVERYONE MATTERS
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Item 16.
Town of Prosper, Town Manager
Candidate Profile
The Town Manager shall be someone with confidence borne from expertise and
experience in Texas, possessing a calm and approachable demeanor. He/she will have
outstanding leadership skills, a management style who can work as an active part of a
team, be a strategic thinker and listener, is trustworthy, and dependable. He/she will be
a servant leader and always demonstrate honesty, integrity, fairness, and diplomacy.
The Town Manager will be friendly, humble, calm and collected, even during chaos, and
will desire to immerse themselves in and be a part of this community. Someone who is
an expert in being a good person.
The Town Manager will be a motivator who will work collaboratively with staff and
empower them. This person will possess a positive and supportive management style
who can build staff up. He/she will be the voice for staff with Council and the public.
He/she will be respectful of all, mentor, set priorities, provide resources, have high
expectations and ensure accountability. This person will encourage teamwork and is
comfortable getting in the trenches to get the job done. While this person will be a
leader of the staff he/she will also be a hands on project manager.
He/she will be professional, but also friendly and outgoing with a sense of humor. This
person must have outstanding communication skills, both verbal and written. Will be
gifted in making clear and concise presentations to the Town Council and public. The
Town Manager must be able to lead and guide the Council without taking sides or
playing politics, always providing their best professional recommendations. He/she will
have a strong financial and budgeting background and will ensure the financial data is
accurate every time, all the time. Experience managing a growth environment in
residential and commercial development. Including planning, growing, and meeting
infrastructure needs. He/she must have the skills to, in coordination with the economic
development, develop, negotiate and implement incentive and development
agreements.
The Town Manager will have a Master’s degree from an accredited college or university
in Public Administration, Business Administration, Public Policy, or related field and a
minimum of 7 years of progressively responsible management and supervisory
experience as a city/town or county manager for a similar size population base or as an
Assistant or Deputy in a larger community.
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Item 16.
Evaluator: Bret Bauer
Scoring: 1-10 with 10 being the highest
Categories are weighted & equal 100
Experience: Relevance
of previous
management
experience & success
with a similar
organization
Education: Relevant
Education and/or
Training
Philosophy &
Approach: Candidate's
ability to manage and
implement Council
objectives
Accomplishments:
Previous
accomplishments
demonstrating
leadership, teamwork,
empowering staff &
innovation
Versatility: Broad
organizational
knowledge (including
budgeting, managing
growth & economic
development,
strategic planning &
leadership
development)
Longevity:
Candidate's previous
record of serving an
organization long-
term
Presentation:
Candidate's overall
resume/application
approach
(organization,
legibility, literacy)
TOTAL
SCORE
Semi-
Finalist Finalist
(25%)(20%)(20%)(10%)(15%)(5%)(5%)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Town of Prosper, Town Manager
Candidate Selection Criteria (Matrix)
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Item 16.