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07.27.2010 Town Council Packet
ISPER OWN OF 1. Call to Order / Roll Call. 2. Invocation and Pledge of Allegiance. AGENDA Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, July 27, 2010 at 6:00 p.m. 3. Announcements of dates and times of upcoming community events. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) July 13, 2010 — Town Council Meeting ORDINANCES, RESOLUTIONS. AND AGREEMENTS b. Consider and act upon an ordinance amending the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan. (CA10-0001). (CC) C. Consider and act upon an ordinance amending Chapter 4, Section 8 of the Zoning Ordinance, regarding paving material requirements for non-residential development. (Z10-0007). (CC) d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (CC) e. Consider and act upon an ordinance amending Ordinance No. 04-118, Section 3(B), providing for the Regulation of Weeds, Rubbish, Brush, and Other Objectionable, Unsightly, or Unsanitary Matter. (TE) f. Consider and act upon a resolution designating the Town Manager as the project official/representative to act on behalf of Town in dealing with Texas Parks and Wildlife Department (TPWD) for the purpose of participating in the TPWD Outdoor Recreation Grant; and authorizing the submittal of a grant application for program assistance. (WI) FINANCIALS g. Consider and act upon the financial statements ending June 30, 2010. (MG) Page 1 of 2 CITIZEN'S 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 Comments Form" and present it to the Town Secretary prior to the meeting.) 5. Other Comments by the Public. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 6. A public hearing to consider and act upon a request to rezone 1.3f acres, located on the west side of Hays Road, 400f feet south of High Point Drive, from Office (0) to Retail (R). (Z10-0005). (CC) DEPARTMENT ITEMS 7. Consider and act upon park dedication and park fee credits for Prosper Estates and Mansions multi- family development. (WH) EXECUTIVE SESSION 8. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code to wit: Section 551.074 to deliberate regarding personnel matters. 9. Reconvene into regular session and take any action necessary as a result of the closed session. 10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 11. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday, July 23, 2010 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened. ♦0°°�� OF •PR44®®®i whew D. Denton TRMC n Secretary o t In addition to any specifically identified Executive Sessions, Cjpncil ritzy convene into Exectove Se m' Code at any point during the open meeting to discuss any item Oted orl�jtis agenda. The QPen MSVn that a meeting be open. Should Council elect to convene into En�uutive 9+e, Qn, those�eption�1 ill subsequent action, as a result of this Executive Session, will be take r�i�' coati qp sessiot.°% XA sawn under Section 551 of the Texas Government gs Act provides specific exceptions that require be specifically identified and announced. Any Page 2 of 2 ISPER OWN OF 1. Call to Order / Roll Call. The meeting was called to order at 6:00 p.m. Roll call was taken by Mayor Smith. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, July 13, 2010 at 6:00 p.m. Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor Pro-Tem Meigs Miller, David Vestal, Danny Wilson, and Jason Dixon. Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Chris Copple, Senior Planner; Matthew Garrett, Finance Director; Trish Eller, Code Compliance Officer; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The Invocation was given by Pastor Frank Drenner, Prosper United Methodist Church. Mayor Smith led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. Mike Land, Town Manager, announced TxDoT would have having public hearings on July 15, 2010 and July 22, 2010 the Preston Road project. The meetings will be held at Rucker Elementary. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) June 22, 2010 — Town Council meeting July 7, 2010 — Special Town Council meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. Consider and act upon an ordinance rezoning 113.0± acres, located on the north side of U.S. 380, 2,500t feet west of Dallas Parkway, from Agricultural (A) to Planned Development -Commercial Corridor/Commercial (PD-CC/C). (Z10-0003). (CC) C. Consider and act upon an ordinance rezoning 0.8f acre, located on the south side of First Street, 200f feet east of Coleman Street (202 E. First Street), from Single Family-15 (SF-15) to Downtown Office (DTO). (Z10-0004). (CC) d. Consider and act upon an ordinance rezoning 3.2f acres, located on the northeast corner of F.M. 1385 and Fishtrap Road, from Agricultural (A) to Retail (R). (Z10-0006). (CC) Page 1 of 3 e. Consider and act upon a resolution in support of the SH 289, from the SH 289 at US 380 Interchange to the Grayson County Line, improvements proposed and specifically for the expedited completion of SH 289, from the SH 289 at US 380 Interchange to the Grayson County Line, (CSJ #0091-03-021, #0091-03- 022, #0091-04-050 and #0091-04-055). (HW) f. Consider and act upon a resolution in support of the SH 289 at US 380 Interchange improvements proposed and specifically for the expedited completion of the SH 289 at US 380 Interchange (CSJ #0091- 04-054). (HW) g. Consider and act upon 1) an Interlocal Cooperative Agreement between the City of Celina and the Town of Prosper concerning the reconstruction CR 5 (Frontier Parkway) from the Talon Drive to the Dallas North Toll Road. Specifically, the improvements shall include the installation of a two course five inch asphalt surface and three inch gravel base, and 2) adopt a resolution authorizing the Town Manager to execute the same. (FJ) h. Consider and act on a resolution authorizing creation of an Employee Benefits Trust; designating all members of the Town Council to be Trustees of said Trust; and authorizing the Trust to purchase various forms of insurance for the benefit of Town Officers, Employees, Qualified Retirees, and their Dependents. (MG) Mayor Pro-Tem Dugger requested item 4i be removed from the consent agenda. Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor Pro-Tem Miller to approve the consent agenda items 4a through 4h. Motion approved 6-0. i. Consider and act on a resolution authorizing participation in TexPool/TexPool Prime and designating authorized representatives. (MG) Matthew Garrett, Finance Director, answered questions for council. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to approve item 4i. Motion approved 6-0. CITIZEN'S COMMENTS 5. Other Comments by the Public. There were no comments by the public. REGULAR AGENDA PUBLIC HEARINGS 6. A public hearing to consider and act upon an amendment to the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan. (CA10-0001). (CC) Hulon Webb, Director of Development Services, gave council background information on this item. Motioned by Councilmember Vestal, seconded by Councilmember Wilson to open the public hearing. Motion approved 6-0. Mayor Smith opened the public hearing at 6:18 p.m. There were no comments by the public. Page 2 of 3 Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Vestal to close the public hearing. Motion approved 6-0. Mayor Smith closed the public hearing at 6:19 p.m. Motioned by Deputy Mayor Pro-Tem Miller, seconded by Councilmember Dixon to approve the amendment to the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan) as submitted. Motion approved 6-0. 7. A public hearing to consider and act upon an amendment to Chapter 4, Section 8 of the Zoning Ordinance, regarding paving material requirements for non-residential development. (Z10-0007). (CC) Chris Copple, Senior Planner, gave council background information on this item. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to open the public hearing. Motion approved 6-0. Mayor Smith opened the public hearing at 6:27 p.m. Matt Robinson, Prosper Development Council representative, spoke in favor of the proposed amendment. Motioned by Deputy Mayor Pro-Tem Miller, seconded by Councilmember Vestal to close the public hearing. Motion approved 6-0. Mayor Smith closed the public hearing at 6:28 p.m. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Dixon to approve an amendment to Chapter 4, Section 8 of the Zoning Ordinance, regarding paving material requirements for non-residential development. Motion approved 6-0. DEPARTMENT ITEMS 8. Discuss and receive input on potential ordinance adoption to address on -street and off-street parking issues. (TE) Trish Eller, Code Compliance Officer, gave council background information on this item. Council directed staff to move forward with looking into potential ordinances to address the parking issues. 9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. 10. Adjourn. Motioned by Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to adjourn. Motion approved 6-0. Mayor Smith adjourned the meeting at 6:58 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Ray Smith, Mayor Page 3 of 3 IOSPER WN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Chris Copple, AICP, Senior Planner PLANNING Agenda Item No. 41b Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 27, 2010 Date: July 23, 2010 Agenda Item: Consider and act upon an ordinance amending the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan). (CA10-0001). Description of Agenda Item: At the July 13, 2010 meeting, the Town Council approved the amendment to the Town's Thoroughfare Plan as submitted by a vote of 6-0. Town staff has prepared an ordinance amending the Town's Thoroughfare Plan. Budget Impact: There are no significant budget implications associated with the approval of this ordinance. Legal Obligations and Review: The Town Charter requires that the Town Council hold a public hearing before approving an amendment to the Comprehensive Plan. A public hearing has been held and the Town Council approved the amendment. The ordinance has been prepared. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. An ordinance amending the Town's Thoroughfare Plan. Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance, amending the Town's Thoroughfare Plan (Section 13 of the Town's Comprehensive Plan). Agenda Item No. 4b - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 10- AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 13 (THE THOROUGHFARE PLAN) OF THE TOWN OF PROSPER'S COMPREHENSIVE PLAN, ORDINANCE NO. 04-103; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that Section 13 (The Thoroughfare Plan) of the Town of Prosper, Texas ("Prosper") Comprehensive Plan, Ordinance No. 04-103 should be amended; and WHEREAS, Prosper has complied with all notices and public hearings as required by law; and WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to amend a portion of the Comprehensive Plan 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: Amendment to Prosper's Comprehensive Plan, Ordinance No. 04-103. Section 13 (The Thoroughfare Plan) of Prosper's Comprehensive Plan, Ordinance No. 04-103 is hereby amended and attached hereto as "Exhibit A." SECTION 3: Savings/Repealing Clause: Prosper's Comprehensive Plan, Ordinance No. 04-103 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force 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 5: Effective Date: This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 27' DAY OF JULY, 2010. ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF P UBLICATION. Addition APPROVED AS TO FORM: Ray Smith, Mayor Dallas Morning News — Collin County 2 ;ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Chris Copple, AICP, Senior Planner PLANNING Agenda Item No. 4c Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 27, 2010 Date: July 23, 2010 Agenda Item: Consider and act upon an ordinance amending Chapter 4, Section 8 of the Zoning Ordinance, regarding paving material requirements for non-residential development. (Z10-0007). Description of Agenda Item: At the July 13, 2010 meeting, the Town Council approved the amendment to the Zoning Ordinance, regarding paving material requirements for non-residential development, as submitted, by a vote of 6-0. Town staff has prepared an ordinance amending the Zoning Ordinance as approved by the Town Council. Budget Impact: There are no significant budget implications associated with this amendment to the Zoning Ordinance. Legal Obligations and Review: State law requires that the Town Council hold a public hearing prior to amending the Zoning Ordinance. A public hearing has been held and the Town Council approved the amendment to the Zoning Ordinance. Review of the ordinance by the Town Attorney is not required. Attached Documents: 1. An ordinance amending Chapter 4, Section 8 of the Zoning Ordinance, regarding paving material requirements for non-residential development. Town Staff Recommendation: Town staff recommends the Town Council adopt the attached ordinance, amending Chapter 4, Section 8 of the Zoning Ordinance, regarding paving material requirements for non-residential development. Agenda Item No. 4c - Page 1 of 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 10- AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 4, SECTIONS 8.4(G) AND 8.8(E) OF ZONING ORDINANCE NO. 05- 20; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has determined that Chapter 4, Sections 8.4(G) and 8.8(E) of the Town of Prosper, Texas ("Prosper") Zoning Ordinance No.05-20 should be added to the Zoning Ordinance; and WHEREAS, Prosper has complied with all notices and public hearings as required by law; and WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to amend Prosper's Zoning Ordinance No. 05-20 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: Amendment to Prosper's Zoning Ordinance No 05-20. Chapter 4, Sections 8.4(G) and 8.8(E) of the Town of Prosper's Zoning Ordinance No. 05-20 are hereby added to read as follows: Chapter 4, Section 8.4(G) 8.4(G) All paved areas, which includes, but is not limited to, parking areas, fire lanes, drive aisles, driveways, turn-arounds, and loading areas, shall be paved with concrete or a comparable surface (masonry pavers, stone, brick, etc.), constructed to standards approved by the Director of Development Services or his/her designee. Pervious concrete or other alternative permeable paving surfaces may be used if approved by the Town Council. The use of asphalt, gravel, and crushed rock are strictly prohibited, unless approved as a temporary paving surface by the Director of Development Services or his/her designee. Chapter 4, Section 8.8(E) 8.8(E) All paved areas, which includes, but is not limited to, parking areas, fire lanes, drive aisles, driveways, turn-arounds, and loading areas, shall be paved with concrete or a comparable surface (masonry pavers, stone, brick, etc.), constructed to standards approved by the Director of Development Services or his/her designee. Pervious concrete or other alternative permeable paving surfaces may be used if approved by the Town Council. The use of asphalt, gravel, and crushed rock are strictly prohibited, unless approved as a temporary paving surface by the Director of Development Services or his/her designee. SECTION 3: Savings/Repealing Clause: Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force 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 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 27TH DAY OF JULY, 2010. ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OFPUBLICATION. Addition APPROVED AS TO FORM: Ray Smith, Mayor Dallas Morning News — Collin County ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Chris Copple, AICP, Senior Planner PLANNING Agenda Item No. 4d Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 27, 2010 Date: July 23, 2010 Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. Description of Agenda Item: Attached are the site plans and/or preliminary site plans acted on by the Planning & Zoning Commission at their July 20, 2010 meeting. Per the Town's Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any site plan or preliminary site plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Preliminary site plan for Prestonwood Baptist Church North Campus, Phase 2, on 35.3t acres, located on the southwest corner of Prosper Trail and Cook Lane, approved by a vote of 7-0. 2. Site plan for Prestonwood Baptist Church North Campus Temporary Building, on 35.3t acres, located on the southwest corner of Prosper Trail and Cook Lane, approved by a vote of 7-0. Town Staff Recommendation: Town staff recommends the Town Council take no action on this item. Agenda Item No. 4d - Page 7 of 1 DAMl.L soot '.,D• n RNd M T ,s 0 10 m w SITE DATA - SUMMARY TABLE PHASE 2 ue ui m.c an.ueo ,owr u swwoT mso Lane uwro,co,r Den muasa wramw asn.w..m sus.a x wym .00rr Ua*7 saresi.iic ,.suer ar x C0Y°� Mm m and m.> w.w.tl ixa�iMmr ua„ M>rm .ma.c ..iois nom n>,Aa a mK O SITE PLAN NOTES: e.y.r. r s.r �..r. w. r e.r w er a .. d►+.r. >w r� �wwyvyW�..wwu4 Y w.yelYvv�w s.nn a w 47�rw try oa.a Mws r l�yMw� oir � �1wYr vW aw w. Yyw.w �Yt r`rywtrY sYw w rry.�. a1r,. aM � wv w,.y a Y Y t�y,rtw.w try rra rMi r rynal r r nwYr. � wu b w rw M.rL iw rvwo,w�w. irwW Ys, AwtM�wr ww wryww Wrww.+ ,.r`�. it ri.M�. iT: �: i'.�^. •.r`�`w r w � �.: � wy^�1.rr.,.' .. Aww.+wrrr.wr r... �.str .. •rr wr s. ra sn+. w.rr r.r r r ...r .� rw +. w .ayo. a r tww• tr. qR L VMS' s.uAs, Toes Tsar TOWN OF PROSPER, o-w�i.°aMoas :uwia.>msca COLLIN COUNTY, TEXAS ws,aJULY 2010 ti01 M3f PNOt 0.W. w.Ma row Tsws PRESTONWOOD ADDITION rAmx I�,ygas LOT 1, BLOCK A o-M.% Awmaosssoscss.am 1,538,539.2 SF / 35.32 AC .w r BMe ue IaM BAMItro oeom m: � M.c TW Drtw4 b BtleW o.bTMAtlYrYr.T: T Ds.M SIy.h rtt« TUµo-m. rna TIY 4t.bE b ballek AaU Mry Till b U,N Pot NtPbMr1 AAr�rtA Pe�4, CarbytEw ell PRELIMINARY SITE PLAN A-1 ' NOW `a ' � - Q_a OgO�O •:: QOd QO apQ � >: p4Q oaO '�a b[ ■!*!a1 [O[ [O[ 10 a 04 � r,4r�rM� rrr�© as • a R i d � ;.-. �i � r� .�• � � � a ;1 n rs1\ rat !�;. o �J_+_ � 0 0 o r. i� 0 0 o p pit • 0 t. May 7, 2010 Town of Prosper Prosper, Texas 75078 To Whom It May Concern: Prestonwood Baptist Church respectfully requests that a permit be issued for a temporary building to be erected for a term of up to 3 years. Information and criteria requested in Chapter 3 - Permitted Uses and Definitions, Section 1- Use of Land and Buildings, Paragraph 7 is provided below. 7. B. 1. 1. Capacity of the existing permanent building(s), which is located or planned to be located on the same property for which the temporary building permit is being sought, compared to the enrollment, employment, and/or number of people attending the existing permanent building(s) at one time; Prestonwood North has worship at 9:30 and Bible Fellowship at 8:00 am, 11:00 am, and on Wednesday nights. The busiest hour people arrive is 11:00 a.m. During this hour, the Preschool and Children classrooms are fully utilized and the current capacity of classrooms for Adult Bible Fellowship classes is 230. Adult Bible Fellowship attendance has an average attendance of 482 in 2010 with a peak attendance of 542. During the 11:00 am hour, we are using the loading dock, robing room, corners of the Worship Center, and the Atrium to accommodate the 250+ additional adults in Bible Fellowship. The current facility is 75,000 sq. ft. with a Worship Room capacity of 1,500. 2. Total enrollment, employment, and/or membership size; Prestonwood North has an average Worship attendance of 1,471 in 2010 and an average Bible Fellowship attendance of 1,037. Membership is 1,557 as of April 20, 2010. 3. Documentation of growth records depicting the number of people in the congregation, school/and/or office; Charts of Worship Attendance and Bible Fellowship Attendance for the first 14 weeks in 2010 are attached. 4. Whether the facility is a start-up or new facility; The current building opened in October 2008. 5. Indication of alternative options that were explored before a temporary building application was considered; Bible Study classes are currently meeting on the loading dock, robing room, corners of the Worship Center and in the Atrium. A second service will begin in late August prohibiting use of these areas. This second service is necessary to accommodate Worship attendance. 6. Acts of nature; and/or N/A 7. Any other evidence which is reasonably related to the immediate need for additional space; 7. B. 2. 7. B. 3. N/A A preliminary site plan to the Planning Department, providing for a permanent solution to the immediate need for a new temporary building(s) showing the permanent building(s), the temporary building(s), and the required parking, which is subject to the review and approval of the Planning & Zoning Commission; Please see attached. A site plan for the temporary building(s) to the Planning Department, which is subject to the review and approval of the Planning & Zoning Commission; Please see attached. Phase I of the Master PD that was filed & approved with the Town of Prosper was completed in October 2008. We have been in discussions with our architects and engineers about Phase II construction and are on schedule to have a schematic design completed for presentation to the Church Leadership and Building Committee by early September, 2010. Phase II will include approximately 75,000 sq. ft. of space for Preschool, Children, Students, Adult Education, Bookstore, Cafe, and Offices. Phase II will also include additional parking and sports fields. Construction is expected to begin Spring 2011 with completion in the fall of 2012. The temporary building will be necessary until the completion of Phase II. Please do not hesitate to contact me with any questions or clarification. I am thankful to the Town of Prosper for their partnership during Phase I of construction and look forward to working together again as we begin Phase II. Resp J# Wicker Director of Operations & Multi -Sites Prestonwood Baptist Church (972) 679-9355 jwicker@prestonwood.org 3000 2500 I I i i 2000 i 1500 � i 1000 i 500 i i 0 Prestonwood North 2010 Worship Attendance Linear(Worship Attendance) Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10 Week 11 Week: I Week 12 Week B ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Trish Eller, Code Compliance Officer CODE COMPLIANCE Agenda Item No. 4e CC: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 27, 2010 Date: July 20, 2010 Agenda Item: Consider and act upon an ordinance amending Ordinance No. 04-118, Section 3(b), providing for the Regulation of Weeds, Rubbish, Brush, and Other Objectionable, Unsightly, or Unsanitary Matter. Description of Agenda Item: On December 21, 2004, the Town Council adopted Ordinance No. 04-118, providing for the regulation and abatement of weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter. Under the current Ordinance No. 04-118, Section 3(b), an exception is provided for the owner of a single-family or two-family lot backing or siding to a median divided or future median divided thoroughfare depicted on the Town's Thoroughfare Plan, which does not require the owner to mow between their rear or side property line and the adjacent median divided or future median divided thoroughfare. The Town's Subdivision Ordinance, Section 10.13, requires all residential lots and subdivisions to provide screening and landscaping adjacent to existing and future thoroughfares. The Subdivision Ordinance also requires the developer establish a Homeowners Association (HOA) to maintain any screening walls, fences, and landscaping. Therefore, in several circumstances, there is a conflict between the Subdivision Ordinance and Ordinance No. 04-118, in regards to the responsibility of maintaining the area between the residential property and the edge of pavement. In an effort to alleviate the conflict, the language in Ordinance No. 04-118, Section 3(b) is proposed to be amended as follows (additions are underlined and deletions are StFUG thFeUgh): 3(b) The owner or occupant of any property or a portion thereof, occupied or unoccupied, within Prosper, shall not allow, maintain, or permit upon any property grass, weeds, brush, or other unsightly vegetation to grow thereon to a height greater than twelve (12) inches. Such property shall include the area between the property and the curb or edge of pavement of any adjacent street or alley side pmpeFty line and the aEljaGent Median divided OF futwe divided thGFGughfaFe. With respect to uncultivated or agricultural properties, the owner or occupant of such property shall be required to maintain grass, weeds, brush, or other unsightly vegetation to a height less than twelve (12) inches only within one hundred (100) feet of any adjacent street, alley, or property of different ownership. Agenda Item No. 4e - Page 1 of 2 The proposed amendment creates consistency among the Town's ordinances and requires the adjacent property owner to maintain the area between the property line and the edge of pavement in all circumstances. Budget Impact: There are no significant budget implications associated with the approval of this amendment to Ordinance No. 04-118. Legal Oblioations and Review: The attached ordinance has been prepared by Town staff. Review of the ordinance by the Town Attorney is not required. Attached Documents: An ordinance amending Ordinance No. 04-118, Section 3(b), providing for the Regulation of Weeds, Rubbish, Brush, and Other Objectionable, Unsightly, or Unsanitary Matter. 2. Ordinance No. 04-118 as adopted by Town Council on December 21, 2004. Town Staff Recommendation: Town Staff recommends the Town Council adopt an ordinance amending Ordinance No. 04- 118, Section 3(b), providing for the Regulation of Weeds, Rubbish, Brush, and Other Objectionable, Unsightly, or Unsanitary Matter, as submitted. Agenda Item No. 4e - Page 2 of 2 TOWN OF PROSPER, TEXAS ORDINANCE NO. 10- AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE 04-118, SECTION 3(B); PROVIDING FOR THE REGULATION OF WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONALBE, UNSIGHTLY, OR UNSANITARY MATTER; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPLEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council') has investigated and determined that it is dangerous to the public health and that it constitutes a fire hazard for properties in the Town of Prosper, Texas ("Prosper") to have places thereon where weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter accumulate; WHEREAS, Chapter 342, Texas Health and Safety Code, provides municipalities with the power to regulate and abate accumulations of weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter; WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to amend Prosper Ordinance No. 04-118, Section 3(b) as set forth ` below; WHEREAS, Prosper has complied with all notices as required by law; and 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: Amendment to Prosper Ordinance No. 04-118. Section 3(b) of the Town of Prosper Ordinance No. 04-118 is hereby amended to read as follows: 3(b) The owner or occupant of any property or a portion thereof, occupied or unoccupied, within Prosper, shall not allow, maintain, or permit upon any property grass, weeds, brush, or other unsightly vegetation to grow thereon to a height greater than twelve (12) inches. Such property shall include the area between the property and the curb or edge of pavement of any adjacent street or alley. With respect to uncultivated or agricultural properties, the owner or occupant of such property shall be required to maintain grass, weeds, brush, or other unsightly vegetation to a height less than twelve (12) inches only within one hundred (100) feet of any adjacent street, alley, or property of different ownership. SECTION 4: Savings/Repealing Clause: Prosper Ordinance No. 04-118 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 5: 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 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper Ordinance No. 04-118, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption Cand publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this 270' day of July, 2010. ATTESTED TO AND CORRECTLY RECORDED BY: Matthew Denton, Town Secretary DATE OF PUBLICATION. Addition APPROVED AS TO FORM: Ray Smith, Mayor Dallas Morning News — Collin County 2 TOWN OF PROSPER, TEXAS ORDINANCE NO.04-118 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING ORDINANCE NOS. 824 AND 86-3; PROVIDING FOR THE REGULATION AND ABATEMENT OF WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, OR UNSANITARY MATTER; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF EXPENSES FOR WORK DONE OR IMPROVEMENTS MADE BY PROSPER; PROVIDING FOR LIENS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that it is dangerous to the public health and that it constitutes a fire hazard for properties in the Town of Prosper, Texas ("Prosper") to have places thereon where weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter accumulate; WHEREAS, Chapter 342, Texas Health and Safety Code, provides municipalities with the power to regulate and abate accumulations of weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter; _ WHEREAS, the Town Council has investigated and determined that Prosper Ordinance Nos. 82-4 and 86-3 should be repealed and that such provisions contained therein should be revised to clarify the requirements for the regulation and abatement of weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter; WHEREAS, Prosper has complied with all notices as required by law; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Reveal of Prosper Ordinance Nos. 82-4 and 86-3. Prosper Ordinance Nos. 82-4 and 86-3 are hereby repealed. Such repeal shall not abate any pending prosecution for violation of the repealed Prosper Ordinance Nos. 82.4 and 86-3, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of Prosper Ordinance Nos. 82-4 and 86-3. SECTION 2: Definitions. For the purposes of this Ordinance, the following terms shall have the following definitions: a. "Agricultural property(ies)" shall be defined as property, whether cultivated or uncultivated, that has been granted a property tax exemption, by the county central appraisal district, or equivalent authority, pursuant to the Texas Property Tax Code or Texas Constitution, for agricultural land. b. "Brush" shall be defined as scrub vegetation or dense undergrowth; c. "Carrion" shall be defined as the dead and putrefying flesh of any animal, fowl, or fish; d. "Filth" shall be defined as any matter in a putrescent state; e. "Garbage" shall be defined as decayable waste, including, but not limited to, vegetable, animal and fish offal, animal and fish carcasses; f. "Junk" shall be defined as all wom out, worthless, or discarded material, including, but not limited to, old iron or other metal, glass, and cordage; CADocuments and Settings\Shanae JenningsWy Documents\ORDINANCES A RES01-UTIONMORDINANCES\2004 Ordinances\04-118, Unsightly Vegetation Trash and Debris.doc Page 1 of 5 g. "impure or unwholesome matter" shall be defined as a putrescible or nonputrescible condition, object or matter which tends, may, or could produce injury, death, illness or disease to human beings; h. "Objectionable, unsightly, or unsanitary matter" shall be defined as any matter, condition, or object which is or should be objectionable, unsightly, or unsanitary to a person of ordinary sensitivities; i. occupant" shall be defined as any person claiming or having possessory control of any property; j. "Owner" shall be defined as a person having record title to real property; k. "Person" shall be defined as any individual, firm, partnership, association, business, corporation, or other entity; I. "Refuse" shall be defined as a heterogeneous accumulation of worn out, used up, broken, rejected, or worthless materials and includes, but is not limited to, garbage, rubbish, paper, or litter and other decayable or nondecayable waste; m. "Rubbish" shall be defined as trash, debris, rubble, stone, useless fragments of building materials, or other miscellaneous useless waste or rejected matter, n. "Trash and debris" shall be defined as mounds of dirt; piles of leaves, grass, and weed clippings; paper trash; useless fragments of building materials; rubble; furniture other than furniture designed for outdoor use; useless household items and appliances; items of salvage, such as scrap metal and wood; old barrels; old tires; objects that hold water for an extended period of time; tree and brush trimmings; and other miscellaneous wastes or rejected matter. o. "Weeds" shall be defined as vegetation that because of its height is objectionable, unsightly, or unsanitary, but excluding shrubs, bushes, and trees, cultivated flowers, and cultivated crops; and p. Any word not defined herein shall be defined in the context used and by ordinary interpretation. SECTION 3: Reaulation of Weeds. Rubbish. Brush, and Other Objectionable Unsiahtly, or Unsanitary Matter. a. The owner or occupant of any property or a portion thereof, occupied or unoccupied, within Prosper, shall not keep, store, allow, maintain, permit, or accumulate upon any property any refuse, trash and debris, stagnant water, filth, carrion, junk, garbage, impure or unwholesome matter, or objectionable, unsightly, or unsanitary matter that: 1. is visible from a street or alley; 2. creates or may create an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease carrying pests; or 3. emits a noxious odor. b. The owner or occupant of any property or a portion thereof, occupied or unoccupied, within Prosper, shall not allow, maintain, or permit upon any property grass, weeds, brush, or other unsightly vegetation to grow thereon to a height greater than twelve (12) inches. Such property shall include the area between the property and the curb or edge of pavement of any adjacent street or alley with the exception that the owner of a single-family or two-family lot backing or siding to a median divided or future median divided thoroughfare depicted on the Town's Thoroughfare Plan is not required to mow between their rear or side property line and the adjacent CADoaunents and Settings\Shanae Jennings\My Documents\ORDINANCES & RESOLUTIONS\ORDINANCES\2oo4 Ordlnances\04.118, Unsightly Vegetation Trash and Debris.doo Page 2 of 5 median divided or future median divided thoroughfare. With respect to uncultivated or agricultural properties, the owner or occupant of such property shall be required to maintain grass, weeds, brush, or other unsightly vegetation to a height less than twelve (12) inches only within one hundred (100) feet of any adjacent street, alley, or property of different ownership. SECTION 4: Abatement of Weeds. Rubbish, Brush, and Other Objectionable Unsightly, or Unsanitary Matter. a. In the event that any owner or occupant of any property, occupied or unoccupied, within Prosper, fails to comply with the requirements of Section 3 of this Ordinance, the Town Administrator or histher designee shall give notice of the violation to the owner as follows: 1. personally to the owner in writing; 2. by letter addressed to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or 3. if personal service cannot be obtained: a. by publication at least once; b. by posting the notice on or near the front door of each building on the property to which the violation relates; or c. by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. b. If Prosper mails a notice to the property owner in accordance with subsection (a) and the United States Postal Service returns the notice as °refused°, 'unclaimed" or if the address required by subsection (a)(2) was used and the notice is returned as "not deliverable as addressed" (or an equivalent marking), the validity of the notice is not affected, and the notice is considered as delivered. c. In a notice provided under this Section, Prosper may inform the owner, by regular mail and a posting on the property, or by personally delivering the notice, that 0 the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, Prosper without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and Prosper has not been informed in writing by the owner of an ownership change, then Prosper may, without notice, take any action permitted in this Ordinance and assess its expenses as provided in this Ordinance. d. If the owner or occupant of a property does not comply with the requirements of this Ordinance within seven (7) days of notice of violation, Prosper may: 1. issue a citation to the owner or occupant for every day that the violation continues to exist, 2. do the work or make the improvements required to abate the violation, and/or 3. pay for the work done or the improvements made and charge the expenses to the owner of the property. SECTION 5: Assessment and Collection of Expenses for Work Done or Improvements Made by Prosper. CADocuments and SettingsManae JenningAmy Documents\ORDINANCES & RESOLUTIONS\ORDINANCES\2004 Ordinances\04-118, Unsightly Vegetation Trash and Debris.doc Page 3 of 5 a. Prosper may assess expenses incurred under this Ordinance against the real estate on which the work is done or improvements made. b. In the event that the owner fails or refuses to pay the expense incurred under Section 4(d) within thirty (30) days after the first day of the month following the month in which the work was done, the Town Administrator or his/her designee shall obtain a lien against the property by filing a statement of expenses incurred in abating the violation with the County Clerk in which the subject property is located. The statement must also state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the statement with the County Clerk. c. The lien is security for the expenditures made and interest accruing at the rate often (10) percent per annum on the amount due from the date of payment by Prosper. d. Prosper's lien shall be privileged and shall be inferior only to tax liens and liens for street improvements. e. Prosper may bring a suit for foreclosure in the name of Prosper to recover the expenditures and interest due. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by Prosper in doing the work or making the improvements. f. The remedy provided by this Section is in addition to the remedy provided by Section 7 below. SECTION 6: Authority to Immediately Abate Dangerous Weeds: a. Notwithstanding any of the foregoing Sections, Prosper may abate, without notification, weeds that: 1. have grown higher than forty-eight (48) inches; and 2. are an immediate danger to the health, life, or safety of any person. b. Prosper must give notice, in the manner provided in Section 4, to the property owner no later than the tenth 0 019 day after the date Prosper abates weeds under this Section. The notification shall contain: 1. an identification, which is not required to be a legal description, of the property; 2. a description of the violation(s) of this Ordinance that occurred on the property; 3. a statement that Prosper abated the weeds; and 4. an explanation of the property owner's rights to request an administrative hearing regarding Prosper's abatement of the weeds. C. Prosper, by and through its Town Administrator or his/her designee, shall conduct an administrative hearing on the abatement of weeds under this Section if, not later than the thirtieth (301h) day after the date of the abatement of the weeds, the owner files a written request for a hearing with Prosper. d. Prosper shall conduct the administrative hearing not later than the twentieth (201h) day after the date a request for hearing is filed. At the administrative hearing, the owner may testify or present any witnesses or written information relating to Prosper's abatement of the weeds. e. Prosper may assess expenses and create liens under this Section in the same manner and subject to the same conditions as set forth in Section 5 above. f. The authority granted Prosper by this Section is in addition to the authority granted by Section 4. CADocuments and SettingsManae Jennings\ iy DocumentsNORDINANCES & RESOWTIONS\ORDINANCES12004 Ordinances;N04-118, Unsightly Vegetation Trash and Debris.doc Page 4 of 5 SECTION 7: Penalty Provision: Any person, firm, corporation or business entity violating this Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing days violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 8: Severabil' : 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 9: Savings/Repealing Clause. All Prosper ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 10: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this �•S'�3ay ofwa4em , 2004. CHARLES N18WANGgf , Mayor ATTESTED TO AND C YTLY RECORDED BY: SHANAE JENNI;;i Town Secretary DATE OF PUBLICATION. °� ri 19 Dallas Morning News- Collin County Edition CADocuments and Settings\Shanae Jennings\My Documents\ORDINANCES ri< RESOLUTIONS\ORDINANCES\2004 Oniinances\04118, Unsightly vegetation Trash and Debris.doc Page 5 of 5 t p TOWN ER Prosper is a place where everyone matters. To: Mayor and Town Council From: Wade Harden, Sr. Planner PARKS & RECREATION Agenda Item No. 0 Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 27, 2010 Date: July 22, 2010 Agenda Item: Consider and act on a resolution designating the Town Manager as the project official/representative to act on behalf of Town in dealing with Texas Parks and Wildlife Department (TPWD) for the purpose of participating in the TPWD Outdoor Recreation Grant; and authorizing the submittal of a grant application for program assistance. Description of Agenda Item: Staff with direction from the Parks and Recreation Board (PARBd) is in the process of drafting an application to be submitted to the Texas Parks and Wildlife Department requesting funds to assist in the development of Town Lake loop trail and supporting amenities. The Program provides 50% matching funds. The maximum amount which may be applied for is $500,000. The application process requires that the Town Council approve a resolution authorizing submittal of the application and designating a project representative as a point of contact for program review and performance. The attached resolution designates the Town Manager as the representative and authorizes him to submit the application. The deadline for submittal is July 31, 2010. Budget Impact: There are no significant budget implications associated with this item. Legal Obligations and Review: There are no legal obligations or review by the Town Attorney required. Attached Documents: • Resolution Parks and Recreation Board Recommendation: At the May 13, 2010 PARBd meeting, the Board requested Town Staff submit a grant for the construction of a Town Lake loop trail. Agenda Item No. M - Page 1 of 2 Town Staff Recommendation: Town staff recommends that the Town Council approve the resolution authorizing the Town Manager to submit an application to the Texas Parks and Wildlife Department Outdoor Recreation Grant Program for partial funding toward the development of a Town Lake loop trail system. Agenda Item No. 4f - Page 2 of 2 RESOLUTION AUTHORIZING TEXAS PARKS & WILDLIFE OUTDOOR RECREATION GRANT APPLICATION A RESOLUTION OF THE TOWN OF PROSPER., TEXAS HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE APPLICANT IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE LOCAL PARK GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE `PROGRAM"; CERTIFYING THAT THE APPLICANT IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE APPLICANT MATCHING SHARE IS READILY AVAILABLE; DEDICATING THE PROPOSED SITE FOR PERMANENT (OR FOR THE TERM OF THE LEASE FOR LEASED PROPERTY) PUBLIC PARK AND RECREATIONAL USES; AND CERTIFYING THAT THE APPLICATION HAS BEEN SUBMITTED TO THE APPROPRIATE REGIONAL COUNCIL OF GOVERNMENTS FOR THE TEXAS REVIEW AND COMMENT SYSTEM (TRACS) REVIEW. WHEREAS, the Applicant is fully eligible to receive assistance under the Program; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program; BE IT RESOLVED BY THE APPLICANT: SECTION 1: That the Applicant hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. SECTION 2: That the Applicant hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the Applicant hereby authorizes and directs its TOWN MANAGER to act for the Applicant in dealing with the Department for the purposes of the Program, and that MIKE LAND is hereby officially designated as the representative in this regard. SECTION 4: The Applicant hereby specifically authorizes the official to make application to the Department concerning the site to be known as the TOWN LAKE LOOP TRAIL in the TOWN OF PROSPER of COLLIN COUNTY for use as a park site and is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity (or for the lease term, if legal control is through a lease). Projects with federal monies may have differing requirements. SECTION 5: That the Applicant hereby certifies that a copy of the application has been submitted to the appropriate regional council of governments for Texas Review and Comments System consideration. Introduced, read and passed by the affirmative vote of the "Applicant" on this 27th day of July, 2010. Signature of Appropriate Official Mike Land, Town Manager Typed Name and Title D w s PER "A PLACE WHERE EVERYONE MATTERS" FINANCIALS FY 2009 - 2010 JUNE, 2010 r ' ,r P -r sPF,R. 'a place where everyone matters' CASH OVERVIEW END -OF -MONTH CASH OVERVIEW (RECONCILED) JUNE, 2010 Internal General Fund Water/Sewer Fund I & S Service Fund Cap Proj 04 Bond Cap Proj 06 Bond Cap Proj 08 Bond Storm Drainage *Parks (Ded + Imp) **Impact Fees -Sp Rev Fund Sp. Rev Escrow EDC TOTALS CASH -LOCAL BANK 4,245,549 2,960,740 1,646,013 23,454 272,807 5,547,797 59,666 811,584 1,909,153 90,238 1,010,320 1,342,274 19,919,593 TEXPOOL BALANCE 440,548 2,999,919 337,007 165,405 1,775,724 71,204 5,789,808 TEXSTAR BALANCE 640,985 - - - - 2,676,766 1,481,378 1,234,856 2,478,498 - 969,473 21,153 9,503,110 TOTAL 5,327,082 5,960,659 1,983,020 23,454 438,212 2,676,766 7,029,176 59,666 2,046,440 6,163,375 90,238 1,979,793 1,434,631 35,212,512 Parks Fund combines Parks Dedication and Parks Improvement Impact Fees consist of Water Impact, Sewer Impact and Thoroughfare Impact fees. Special Revenue Fund figure consist of Court Technology Fd, Court Security Fd, Police donations, Fire donations, Safety Fair donations, Child Safety collections, and Shattered Dreams donations. These are all retricted funds for specific purposes. Total Restricted Funds 22,490,140 Prl�WN OF SPER re everyone matters' $8,000 — $7,000 $6,000 $5,000 1A -0 $4,000 N 7 0 r f- $3,000 $2,000 $1,000 $0 END -OF -MONTH CASH OVERVIEW (RECONCILED) JUNE, 2010 General Water/Sewer I & S Internal Cap Proj Cap Proj Cap Proj Storm *Parks "Impact "'Sp Rev Sp. Rev Fund Fund Service 04 Bond 06 Bond 08 Bond Drainage (Ded+ Imp) Fees Fund Escrow Fund $19,919,593 57% 21 —7t 1,342 I I EDC $5,789,808 16% TEXSTAR BALANCE wTEXPOOLBALANCE CASH-LOCALBANK 59,503,110 27% $2,750 $2,500 $2,250 U' $2,000 $1,750 U) $1,500 p $1,250 $1,000 $750 $500 $250 120% 100% �j 80% O V 60% C V 40% a 20% 0% PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON FOR PEAK COLLECTION MONTHS -- - -- !e�-a Ong Oct Nov Dec Jan Feb Mar Apr May June July Aug PROPERTY TAX COLLECTIONS THREE (3) YEAR COMPARISON PERCENT OF TOTAL DUE (Before Adjustments) COLLECTED Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept % of Total % of Total % of Total Month FY 07108 Taxes Due FY 08109 Taxes Due FY 09110 Taxes Due Oct $ 50,747.84 1.22% $ 48,517.92 0.94% $ 19,127.14 0.35% Nov $ 279,501.69 6.74% $ 178,822.73 3.47% $ 134,228.60 2.49% Dec $ 1,492,718.39 35.98% $ 2,123,446.32 41.26% $ 2,569,783.42 47.59% Jan $ 1,258,105.15 30.33% $ 1,516,971.29 29.48% $ 1,428,265.19 26.45% Feb $ 708,460.51 17.08% $ 800,731.47 15.56% $ 809,613.41 14.99% Mar $ 166,240.49 4.01 % $ 209,277.90 4.07% $ 253,646.04 4.70% Apr $ 134,741.00 3.25% $ 31,317.89 0.61 % $ 79,658.28 1.48% May $ 106,398.32 2.56% $ 101,971.76 1.98% $ 123,102.41 2.28% June $ 80,432.36 1.94% $ 88,426.23 1.72% $ 51,866.19 0.96% July $ 30,554.96 0.74% $ 80,718.20 1.57% $ - Aug $ 7,975.81 0.19% $ 27,893.94 0.54% $ - Sept $ 89,710.62 2.16% $ 24,802.34 0.48% $ - YTD Totals $ 4,405,587.14 106.20% $ 5,232,897.99 101.68% $ 5,469,290.68 101.29% Collected YTD includes delinquent collections $ 4,148,422.58 $ 5,146,372.81 $ 5,399,872.83 Total taxes due includes delinquent before adjustments THREE YEAR (3) COMPARISON TOTAL COLLECTIONS -SALES TAX TOWN & EDC TOWN OF PROSPER, TEXAS $300,000 S250.000 $200,000 $150,000 $100,000 $50,000 0 `a°O pec, ■ FY 07-08 ■ FY 08-09 ■ FY 09-10 Current Year Total For m I Total For $ Amount % of Change Month FY 07/0 FY 09/10 Inc / Dec Inc /(Dec) Oct $ 124,885.22 $ 125,816.76 $ 134,530.71 $ 8,713.95 6.93% Nov $ 106,473.48 $ 136,606.97 $ 116,430.05 $ (20,176.92) -14.77% Dec $ 105,454.73 $ 100,969.79 $ 121,652.20 $ 20,682.41 20.48% Jan $ 108,657.68 $ 125,615.22 $ 149,500.28 $ 23,885.06 19.01 % Feb $ 109,286.86 $ 81,356.60 $ 89,611.39 $ 8,254.79 10.15% Mar $ 101,721.88 $ 87,852.83 $ 85,116.19 $ (2,736.64) -3.12% Apr $ 112,706.99 $ 118,138.98 $ 247,672.44 $ 129,533.46 109.64% May $ 117,497.93 $ 117,748.00 $ 105,244.35 $ (12,503.65) -10.62% **June $ 122,898.57 $ 111,198.37 $ 99,760.44 $ (11,437.93) -10.29% July $ 143,407.95 $ 152,915.27 $ - $ - Aug $ 136,915.68 $ 139,483.03 $ - $ - Sept $ 118,459.37 $ 132,552.77 $ - $ - 0.00% YTD Totals $ 1,408,366.34 $ 1,430,254.59 $ 1,149,518.05 $ 144,214.53 14.35% **One time State Comptroller audit payment June FY 07/08 removec to reflect actual. $200,000 $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 THREE YEAR (3) COMPARISON TOWN OF PROSPER SHARE OF SALES TAX PROSPER, TEXAS �L� aoo ��� lac Rio �a� P�� �a� ,►*�Jce ���� P�� �Q� 0 FY 07-08 0 FY 08-09 ■ FY 09-10 Town Share Town Share Month FY 07/08 FY OW09 Oct $ 93,663.91 $ 94,362.57 Nov $ 79,855.10 $ 102,455.23 Dec $ 79,091.05 $ 75,727.34 Jan $ 81,493.26 $ 94,211.42 Feb $ 81,965.14 $ 61,017.45 Mar $ 76,291.41 $ 65,889.62 Apr $ 84,530.24 $ 88,604.24 May $ 88,123.45 $ 88,311.00 **June $ 92,173.93 $ 83,398.78 July $ 107,555.96 $ 114,686.45 Aug $ 102,686.76 $ 104,612.27 Sept 88,844.53 $ 99,414.58 YTD Totals $ 1,056,274.74 $ 1,072,690.95 —Current Year Town Share $ Amount % of Change FY 09110 Inc / Dec Inc /(Dec) $ 100,898.03 $ 6,535.46 6.93% $ 87,322.54 $ (15,132.69) -14.77% $ 91,239.15 $ 15,511.81 20.48% $ 112,125.21 $ 17,913.79 19.01% $ 67,208.54 $ 6,191.09 10.15% $ 63,837.14 $ (2,052.48) -3.12% *** $ 185,754.33 $ 97,150.09 109.64% $ 78,933.26 $ (9,377.74) -10.62% $ 74,820.33 $ (8,578.45) -10.29% $ - $ - 0.00% $ 862,138.53 $ 108,160.88 14.35% **One time State Comptroller audit payment June FY 07/08 removed $ 1,100,000.00 Budgeted Sales Tax to reflect actual. ***Received large quarterly sales tax pmt from local business June Budgeted: $ 90,750.00 for month of June, 2010 June Received: $ 74,820.33 $ (15,929.67) Decrease -17.553% June variance YTD Mo'ly Budgeted: $ 780,890.00 YTD June- 2010 YTD Mo'ly Received: $ 862,138.53 $ 81,248.53 Increase 10.405% YTD variance THREE YEAR (3) COMPARISON ECONOMIC DEVELOPMENT CORP.-SALES TAX PROSPER, TEXAS $70,000 �? '4 c 0 40 ■ FY 07-08 0 FY 08-09 ■ FY 09-10 Month 1 FY 07.08 Oct $ 31,221.31 $ 31,454.19 Nov $ 26,618.38 $ 34,151.74 Dec $ 26,363.68 $ 25,242.45 Jan $ 27,164.42 $ 31,403.80 Feb $ 27,321.72 $ 20,339.15 Mar $ 25,430.47 $ 21,963.21 Apr $ 28,176.75 $ 29,534.74 May $ 29,374.48 $ 29,437.00 **June $ 30,724.64 $ 27,799.59 July $ 35,851.99 $ 38,228.82 Aug $ 34,228.92 $ 34,870.76 Sept 29,614.84 $ 33,138.19 YTD Totals $ 352,091.60 $ 357,563.64 ar Current Year I $ Amount % of Change FY {391i0 Inc / Dec Inc / Dec $ 33,632.68 $ 2,178.49 6.93% $ 29,107.51 $ (5,044.23) -14.77% $ 30,413.05 $ 5,170.60 20.48% $ 37,375.07 $ 5,971.27 19.01 % $ 22,402.85 $ 2,063.70 10.15% $ 21,279.05 $ (684.16) -3.12% *** $ 61,918.11 $ 32,383.37 109.65% $ 26,311.09 $ (3,125.91) -10.62% $ 24,940.11 $ (2,859.48) -10.29% $ - $ - 0.00% $ 287,379.52 $ 36,053.65 14.35% $ 346,000.00 Budgeted Sales Tax **One time State Comptroller audit payment June FY 07/08 removed to reflect actual. ***Received large quarterly sales tax pmt from local business gluser_raa2 rbutler Town of Prosper Page 1 11:02 07/20/10 Rev/Bzp Fund Category Rept (3) Fund: Period Ending: 6/2010 account Description Current CUM Number Year Month Adopted Budget GENERAL FUND REVENUES Property Tax 3,227,903.00- Sales Tax 1,103,500.00- Franchise 330,100.00- License, Fees, a Permits 5501050.00- Cbargas for Services 200,050.00- atants 320,070.00- Investments income 561000.00- Fines a Warrants 222,500.00- Transfer In 343,123.00- Miscellaneous 44,030.00- Total Revenues 6,397,346.00- appropriations Personnel 4,324,457.16 Materiala and supplies 318,474.36 Town Services / maintenance 407,109.91 Contractual / Professional Sax 1,199,992.44 Capital 117,072.13 Iuterfund Transfer Out 30,240.00 Total appropriations 6,397,346.00 Revenue Over/(Under) Approp current Currentcurrent ren en rea Month Month YTD YTD YTD Remaining Actual variance Budget actual variance Budget 30,699.03- 30,699.03- 3,227,903.00- 3,299,760.40- 71,857.40- 71,957.40 74,820.33- 74,820.33- 1,103,500.00- 864,310.22- 239,189.78 239,189.78- 119,513.95- 119,523.95- 330,100.00- 250,537.84- 79,562.16 79,562.16- 26,332.90- 26,332.90- 5501050.00- 494,724.69- 55,325.31 55,325.31- 16,241.84- 16,241.84- 2001050.00- 131,540.10- 681509.90 681509.90- 6,040.00- 61040.00- 320,070.00- 261,727.74- 58,382.26 58,342.26- 12,409.97- 12,409.97- 561000.00- 95,503.09- 39,503.09- 39,503.09 14,882.70- 14,882.70- 222,500.00- 157,336.97- 65,163.03 65,163.03- 343,123.00- 343.123.00 343,123.00- 1,413.60- 1,413.60- 44,050.00- 59,699.53- 15,649.53- 15,649.53 302,354.32- 302,354.32- 6,397,346.00- 5,615,140.58- 782,205.42 782,205.42- 322,290.06 322,280.06 4,324,457.16 3,031,426.20 1,293,030.96- 1,293,030.96 3,720.62 3.720.62 310,474.36 168,065.39 150,408.97- 150,408.97 55,692.92 55,692.92 407,109.91 266,603.31 140,506.60- 140,506.60 57.912.65 57,912.65 1,199,992.44 996,764.05 303,228.39- 303,229.39 117,072.13 72,786.93 44,285.20- 44,285.20 30,240.00 30,240.00- 30,240.00 439,606.25 439,606.25 6,397,346.00 4,435,645.88 1,961,700.12- 1,961,700.12 137,251.93 137,251.93 1,179,494.70- 1,179,494.70- 1,179,494.70 gluser_raa2 rbutler 11:02 07/20/10 Fund: Account Descr ption currentea Member Year Month Adopted Budget WATRR a SEWER FUND Revenues Licensee, Pees, a Permits 11100.00- Investment Income 62,150.00- Miscellaneous 151000.00- W/O Tap a Connection 135,000.00- Service Initation Fees 18,000.00- Water Charges 3,339,102.00- Sewer Charges 1,389,580.00- Penalties 30,000.00- Solid Waste Charges 571,000.00- Total Revenues 5,560,932.00- Appropriations Personnal 581,920.00 Materials and Supplies 931,330.00 Town Services / Maintenance 536,768.00 CbntracCnal/Profeaaional Servi 1,759,100.00 capital 10,500.00 Bonds 1,369,996.00 Iaterfund Transfers Out 347,048.00 Total Appropriations 5,537,562.00 Revenue Over/(Under) Approp 23,370.00- Town of Prosper Rev/Erp Fund Category Sept (3) Period Ending: 6/2010 snCurrent ent -LN—=ent Currentran Month Month YTD YTD YTD Remaining Actual Variance Budget Actual Variance Budget 25.00- 25.00- 11100.00- 375.00- 725.00 725.00- 7,219.64- 7,219.64- 62,150.00- 63,912.90- 1,762.90- 1,762.90 3,689.12- 3,689.12- 15,000.00- 22,242.92- 7,242.92- 7,242.92 15,500.00- 15,500.00- 135,000.00- 186,425.00- 51,425.00- 51,425.00 4,680.00- 4,680.00- 18,000.00- 29,640.00- 11,640.00- 11,640.00 400,233.51- 400,232.51- 3,339,102.00- 1,729,271.99- 1,609,830.01 1,609,630.01- 94,585.49- 94,585.49- 1,389,580.00- 835,507.41- 554,072.59 554,072.59- 4,125.93- 4,125.93- 30,000.00- 33,524.42- 3,524.42- 3,524.42 48,795.45- 48,795.45- 571,000.00- 412,180.27- 158,819.73 158,819.73- 578,853.14- 578,853.14- 5,560,932.00- 3,313,079.91- 2,247,052.09 2,247,852.09- 39,117.03 39,117.05 581,920.00 402,020.65 179,891.35- 179,891.35 96,689.77 96,609.77 931,330.00 661,543.62 269,786.38- 269,786.38 27,531.32 27,531.32 536,769.00 263,838.57 272,929.43- 272,929.43 80,574.16 89,574.16 1,75.4,160.00 1,130,010.90 631,289.10- 621,209.10 10,500.00 3,998.74 6,501.26- 6,501.26 67,028.75 67,028.75 1,369,096.00 494,791.83 875,104.17- 875,104.17 347,848.00 347,848.00- 347,048.00 319,941.05 319,941.05 5,537,562.00 2,964,212.31 2,573,349.69- 2,573,349.69 258,912.09- 258,912.09- 23,370.00- 348,867.60- 325,497.60- 325,497.60 Page 2 gluser_r&a2 rbutler Town of Prosper Page 3 11:02 07/20/10 Rev/Rzp Fund Category Rapt (3) Fund: Period Ending: 6/2010 Account Description Current currentout rea ea rent ea Number Year Month Month Month YTO YTD YTO Remaining Adopted Budget Actual Variance Budget Actual variance Budget INTEREST a SINKING FOND Revenues Property Sax 2,129,934.00- 21,167.16- 21,167.16- 2,129,934.00- 2,169,529.92- 39,595.92- 39,595.92 Investment Income 80,000.00- 4,071.85- 4,071.85- 80,000.00- 27,800.95- 52,199.05 52,199.05- Total Reverittee 2,209,934.00- 25,239.01- 25,239.01- 2-,209,934.00- 2,197,330.87- 12,603.13 12,603.13- Appropriations Bonds 2,081,333.00 2,081,335.00 1,042,764.28 1,038,570.72- 1,038,570.72 Itttd3tfnnd Transfers Out Total Appropriations 2,001,335.00 2,081,335.00 1,042,764.28 1,036,570.72- 1,038,570.72 Revenue Over/(Under) Approp 128,599.00- 25,239.01- 25,239.01- 128,599.00- 1,154,566.59- 1,025,967.59- 1,025,967.59 INTERNAL SRRVTCB Yam Revenue Interest Income 500.00- 74.49- 74.49- 500.00- 608.80- 108.60- 108.80 Interfund Transfers In 71,010.00- 2,880.00- 2,880.00- 71,010.00- 25,584.72- 45,425.28 45,425.28- Total Revenues 71,510.00- 2,954.49- 2,954.49- 71,510.00- 26,193.52- 45,316.48 45,316.48- Appropriationa Personnel 50,000.00 7,655.17 7,655.17 50,000.00 28,898.68 21,101.32- 21,101.32 Total Appropriations 50,000.00 7,655.17 7,655.17 50,000.00 26,898.68 21,101.32- 21,101.32 Revenue Over/(Onder) Approp 21,510.00- 4,700.68 4,700.68 21,510.00- 2,705.16 24,215.16 24,215.16- gluser_r&a2 rbutler Town of Prosper Page 4 11:02 07/20/10 Rev/IDcp Fund Category Sept (3) Fund: Period Ending: 6/2010 Account cr p on current Currw number Year Month Adopted Budget STORM DRAIM&OR FUND Revenues Storm Drainage Utility Fee 75,000.00- Total Investment Income 500.00- Total MieCAllaneoYe Total Revenues 75,500.00- Appropriations Total Professional Services 40,000.00 Total Capital 20,000.00 Total Appropriations 60,000.00 Total Revenue Over/(under) App 15,500.00- PARIS FUND Revenue Investment Income 81000.00- Park Fees 220,000.00- Total Revenues 228,000.00- Appropriations (Parks) Contractual / Professional Bar 611,000.00 Total Appropriations 611,000.00 Revenue Over/(Under) Approp 383,000.00 Current rent Current currentea en Month month YTD YTD YTD Remaining Actual variance Budget Actual variance Budget 14,541.01- 14,541.01- 75,000.00- 109,097.53- 34,097.53- 34,097.53 136.59- 136.59- 500.00- 338.78- 161.22 161.22- 112.29 112.29 640.37- 640.37- 640.37 14,565.31- 14,565.31- 75,500.00- 110,076.68- 34,576.68- 34,576.68 2,400.93 2.400.53 40,000.00 30,277.76 9,722.24- 9,722.24 20,000.00 20,000.00- 20,000.00 2,400.33 2,400.53 60,000.00 30,277.76 29,722.24- 29,722.24 12,164.78- 12,164.78- 15,500.00- 79,798.92- 64,298.92- 64.298.92 2,242.15- 2,242.15- 8,000.00- 11,593.55- 3,593.55- 3,593.55 220,000.00- 575,640.00- 355,640.00- 355,640.00 2,242.15- 2,242.15- 228,000.00- 587,233.55- 359,233.55- 359,233.55 90,596.92 90,596.92 611,000.00 174,635.91 436,364.09- 436,364.09 90,396.92 90,596.92 611,000.00 174,635.91 436,364.09- 436,364.09 88,354.77 88,354.77 383,000.00 412,597.64- 795,597.64- 795.597.64 gluaar_raa2 rbutler Town of Prosper Page 5 11:02 07/20/10 Bev/Erp Fund Category Rept (3) Fund: Period Ending: 6/2010 Account-- Description Current Currentan ren reat MIX-ent Currenten fiber Year month month month YTD YTD YTD Remaining Adopted Budget Actual Variance .Budget actual variance Budget 17cpACT FEES FUND Revenue Investment Income 25,000.00- 5,385.42- 5,385.42- 25,000.00- 38,160.91- 13,160.91- 13,160.91 Impact Fees 650,000.00- 56,600.30- 56,600.30- 650,000.00- 2,122,250.35- 1,472,250.35- 1,472,250.35 Total Revenues 675,000.00- 61,905.72- 61,985.72- 675,000.00- 2,160,411.26- 1,485,411.26- 1,485,411.26 Appropriations Contractual/Professional Servi 250,000.00 2,500.00 2,500.00 250,000.00 33,010.48 216,989.52- 216,989.52 Capital 160,552.30 160,552.30 160,552.30- Interfund Transfers Out Total Appropriations 250,000.00 2,500.00 2,500.00 250,000.00 193,562.78 56,437.22- 56,437.22 Revenue Over/(Order) Approp 425,000.00- 59,485.72- 59,485.72- 425,000.00- 1,966,848.48- 1,541,848.48- 1,541,848.48 SPECIAL REVEBDE DOIMTIOm FORD Revenue Court Fees 6,700.00- 581.80- 581.80- 6,700.00- 5,673.43- 1,026.57 1,026.57- Contributions 52,500.00- 2,213.00- 2,213.00- 52,500.00- 26,925.52- 25,574.40 25,574.48- Escrow Income 2,632.62- 2,632.62- 196,685.01- 196,685.01- 196,685.01 Grants 2,000.00- 2,000.00- 3,553.08- 1,553.08- 1,553.08 miscallaneous Total Revenues 61,200.00- 5,427.42- 5,427.42- 61,200.00- 232,837.04- 171,637.04- 171,637.04 gluaer_r&a2 rbutler Tom of Prosper Page 6 11:02 07/20/10 Rev/8xp Fund Category Rapt (3) Fund: Period Boding: 6/2010 account _ Description Number Appropriations (Sp. Rev.) Tom Sexy ces/maintananca Total Appropriations Revenue over/(Under) Approp CAPITAL P80JBCTS Pow Revenue Grants/Reimbursements Invsst&Adt Income interiund Transfers In Bond Proceeds Total Revenue Appropriations Contractual/Professional Servi Capital Bond Costa Total Interfund Transfers Out Total Appropriations Revenue Over/(Under) Approp Current rea ent current Currentrea ren ran Tear Month Month month YTD TTD YTD Remaining Adopted Budget actual Variance Budget Actual Variance Budget $0,000.00 2,187.70 2,187.70 60,000.00 45,330.13 14,661.87- 14,661.87 60,000.00 2,187.70 2,197.70 60,000.00 45,330.13 14,661.87- 14,661.87 1,200.00- 3,239.72- 3,239.72- 1,200.00- 187,498.91- 186,298.91- 186,298.91 235,000.00- 235,000.00- 1,138,331.50- 903,331.50- 903,331.50 62,000.00- 7,806.87- 7,806.87- 62,000.00- 121,389.56- 59,389.56- 59,389.56 297,000.00- 7,806.87- 7,806.87- 297,000.00- 1,259,721.06- 962,721.06- 962,721.06 96,885.00 7,719.19 7.719.18 96,805.00 76,252.40 20,632.60- 20,632.60 2,373,563.'08 2,373,563.08 7,966,063.17 7,968,063.17 7,968,063.17- 96,065.00 2,301,292.26 2,301,292.26 96,885.00 8,044,315.57 7,947,410.51 7,947,430.57- 200,115.00- 2,373,475.39 2,373,475.39 200,115.00- 6,794,594.51 6,984,709.31 6,984,709.51- gluaer_rea2 rbutler Town of Prosper Page 7 11:02 07/20/10 Rev/Rip ruad Category Rept (3) Pund: Period Rnding: 6/2010 Account Description current TURN Number Year Month Adopted Budget RCOMOMIC DRVSi.OPt48NT CORP Revenues Sales Tai 346,000.00- Investment Income 24,000.00- Other Income Total Revenues 370,000.00- appropriations Personnel 153,450.00 Maintenance Supplies 7,400.00 Town Services/Maintenance 50,100.00 Contractual/Professional 8ervi 63,300.00 capital 50,000.00 Interfund Transfer Out 540.00 Total AlWapriatioas 324,790.O0 Revenue Over/(under) Approp 45,210.00- rea ea renCurrent raa en Month Month YTD TM TM Remaining Actual Variance Budget actual Variance Budget 24,940.11- 24,940.11- 346,000.00- 287,379.52- 58,620.40 58,620.48- 3,625.64- 3,625.64- 24,000.00- 28,165.39- 4,165.39- 4.165.39 20.95- 20.95- 20.95 28,565.75- 28,565.75- 370,000.00- 315,565.86- 54,434.14 54,434.14- 37,003.95 37.003.93 153,450.00 135.865.37 17,584.63- 17,584.63 23.64 23.64 7,400.00 1,366.21 6,033.79- 6,033.79 1,847.90 1,847.90 50,100.00 24,922.17 25,177.83- 25,177.83 5,896.40 5.096.40 63.300.00 43.498.72 19,801.28- 19,801.28 50,000.00 50,000.00- 50,000.00 540.00 540.00- 540.00 45,571.89 45,571.89 324,790.00 205,652.47 119,137.53- 119,137.53 17,006.14 17,006.14 45,210.00- 109,913.39- 64,703.39- 64,703.39 ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council From: Chris Copple, AICP, Senior Planner PLANNING Agenda Item No. 6 Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 27, 2010 Date: July 23, 2010 Agenda Item: A public hearing to consider and act upon a request to rezone 1.3t acres, located on the west side of Hays Road, 400t feet south of High Point Drive, from Office (0) to Retail (R). (Z10-0005). History: On August 24, 2004, the Town Council held a public hearing to consider and act upon a request to rezone this property from Single Family to Retail. By a vote of 5-0, the Town Council rezoned this property from Single Family to Office, which conforms to the Future Land Use Plan. Description of Acienda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan North Single Family-15 Major Nursery Neighborhood Office East Agricultural Mini -warehouse and Office Low Density Residential South Single Family-15 Undeveloped Neighborhood Office West Office and Retail Convenience Store with Gas Pumps Neighborhood Office Future Land Use Plan — The Future Land Use Plan (FLUP) recommends Neighborhood Office for the property. The Neighborhood Office district is designated for facilities containing establishments, which rent or sell square footage for the regular transaction of business. Typically such business is generally related to services and/or the administration of off -site facilities. The request for Retail zoning on this property does not conform to the FLUP. The FLUP recommends locating retail zoning at the intersections of thoroughfares to allow for better access and visibility, which enables retail uses to succeed. A significant amount of Retail Agenda Item No. 6 - Page 7 of 2 zoning, approximately 120 acres, has already been approved at the intersections of Preston Road & First Street and Preston Road & Prosper Trail. Conformance to the Thoroughfare Plan — The property is adjacent to Hays Road and does not have access to Preston Road. Hays Road is not shown as a collector or a thoroughfare on the Thoroughfare Plan. _Water and Sanitary Sewer Services — Water and sanitary sewer service will have to be extended to the property either before or with development. Access — Access to the property will be provided from Hays Road. Adequate access is provided to the property. Schools — This property is located within the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks — It is not anticipated that this property will be needed for the development of a park. Environmental Considerations — There is no 100-year floodplain located on the property. Budoet Impact: There are no significant budget implications associated with the approval of this zoning request. Lesaal Oblinations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Notification was provided to neighboring property owners as required by state law. Town staff has received three public hearing notice reply forms, with none in opposition to the request. Attached Documents: 1. Zoning Exhibit A. 2. Zoning map of surrounding area. 3. Public hearing notice reply forms. Plannina & Zonina Commission Recommendation: At their July 6, 2010 meeting, the Planning & Zoning Commission recommended the Town Council approve a request to rezone 1.3t acres, located on the west side of Hays Road, 400t feet south of High Point Drive, from Office (0) to Retail (R), by a vote of 4-3. Commissioners Dupont, McClung, and Trenham voted in opposition to the request. Town Staff Recommendation: Town staff recommends the Town Council deny a request to rezone 1.3t acres, located on the west side of Hays Road, 400t feet south of High Point Drive, from Office (0) to Retail (R). Agenda Item No. 6 - Page 2 of 2 m a so Scale 1" = 50' 0 ,4 4 03,,0 �4L- h ��O Q H & R PARTNERS LP CC# 20071227001707200 EXISTING ZONING: CURRENT USE: SF — 15 TREE FARM / CHRISTIE Vol. 3444, Page 775 EXISTING ZONING: CURRENT USE RETAIL REAL ESTATE FLUP: NEIGHBORHOOD OFFICE c�, PROSPER CONVENIENCE LLC CC# 20070426000558000 � EXISTING ZONING: CURRENT USE: RETAIL GAS STATION FLUP: NEIGHBORHOOD OFFICE o� kA� 365.36 FEET �O 0 FLUP: NEIGHBORHOOD OFFICE REQUESTED ZONING. RETAIL 1.342 GROSS ACRES EXISTING OFFICE 1.228 NET ACRES =020OW730000S24" BLUE STAR LAND LP VOL. 4421, PAGE 1264 EXISTING ZONING: CURRENT USE: SF — 15 AGRICULTURAL FLUP: NEIGHBORHOOD OFFICE NOTE: The thoroughfare alignment shown an this exhibit are for illustration yourpo es and does of set the alignment. The alignment is determined t Un, of final plat. No y rt 1 the subject property Is shown to be in 100 Year Flood according to 4B0p5 CO235 J of the Fl Ooad insuronce rate maps doted June 2, 200 . FUTURE 30' ROW FOR HAYS ROAD HIGHPOINT DRIVE rr 0 0 a. = 2E PROSPER LLC c7 = CC# 20060705000918090 EXISTING ZONING: CURRENT USE: W AGRICULTURAL TREE FARM I`I FLUP: LOW DENSITY RESIDENTIAL HIGH POINT SELF STORAGE INC. CC# 2006-0004552 EXISTING ZONING: CURRENT USE: AGRICULTURAL SELF - STORAGE FLUP: LOW DENSITY RESIDENTIAL REQUESTED ZONING: RETAII, (R) EXISTING ZONING: OFFICE (0) FUTURE LAND USE PLAN (FLUP): NEIGHBORHOOD OFFICE 4e g1T FIELD NOTES SITUATED in the State of Tows, County of Collin and City of Prosper, being part of the J. R. Tunrley Survey, Abstract No. 916 and being all of a tract as recorded in CC/ 20080730000924400, said premises being more particuiary described os follows: BEGINNING at a paint for comer morking the southeast comer of said premises, said corner being the northeast comer of a tract recoreded in Vol. 4421, page 1264; THENCE with the south line of Id promises, South 8848'19' West, 353.37 feet to a point far comer marking the southwest comer of said premises; THENCE with the west line of said premises, North 0729'45' East, 178.84 last to o point Tor m r coer ardng the northwest comer of said premises; THENCE ith the north line of said premises, North 87'25'00'r East, 345.84 feet to a point for corner marking the northeast carver of said promisee; THENCE with the east line of 'd promises, South 01'05'53' East, 155.85 feet to the place of beginning and containing 1.342 acres of land. ' S - Z 10-0005 4E PROSPER LLC ZONING EXHIBIT "A" in VOL. 5945,PAGE 3942 HAYS ROAD EXISTING ZONING: CURRENT USE: LL AGRICULTURAL OFFICE FLUP: LOW DENSITY RESIDENTIAL PROSPER, TEXAS I lJ LL 1.342 ACRES IN THE J. R. TUNNEY SURVEY 0 Owner N Surveyor FATNA SOHNL JAN WIIhl1e Land S.—ying. Inc. 2921 TREASURE COVE P. 0. Box 407 LEWSVK-LE. TEXAS 75034 Valley Vlew. Texas 75272 940-726-SIW Fox 940-726-5151 1.342 GROSS ACRES 1.228 NET ACRES 0- kSF -15 'SF-.15� 1 V 15' rco Aw- '1� A JHICKORYA,CIREEK-DRY, Jr A dr t, oil 0 IF I inch = 200 feet N 0 50 100 200 300A Feet N. �POINT DR dr ry '. lz w Ot Co y 0 w !S I Nvo _f PFosper is ae place where eveFjione inatters. REPLY FORM 92V21LOPIRRIENT SMRQ9KC 20 DEPARii'IVEHIr P.O. Box 307 Prosper, TX 76078 Phone: 972-346-3502 Fax: 972-347-9006 SUBJECT: Zoning Case Z10-0005: The Town of Prosper has received a request to rezone 1.3f acres from Office (0) to Retail (R). LOCATION OF SUBJECT PROPERTY: The property is located on the west side of Hays Road, 400t feet south of the High Point Drive. DESCRIPTION OF THE REQUEST: The Retail District is established to provide locations for various types of general retail and service uses for one or more neighborhoods, and should generally be located at intersections of major thoroughfares and convenient to their residential service area. ❑ APPOSE the request as described in the notice of public hearing. I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): f Signature 5-4;"w Date 7sz)?,? kwe� 4r'o & //, , E-mail Address .Jean ri:! •ic, ��?,,i �a..J t-s-!;r`%6=r`T -r-; :_,j; )f-='-+i'i T PiDl. Ij ' PF1 �s PE I't-ospe-r is to ppl aee every®, nzaatte,, REPLY FORM P.O. Moat 307 Prosper, TX 75079 Phone: 972-346-3502 Fax. 972-347-9006 SUBJECT: Zoning Case Z10-0005: The Town of Prosper has received a request to rezone 1.3± acres from Office (0) to Retail (R). LOCATION OF SUBJECT PROPERTY: The property is located on the west side of Hays Road, 400± feet south of the High Point Drive. DESCRIPTION OF THE REQUEST: The Retail District is established to provide locations for various types of general retail and service uses for one or more neighborhoods, and should generally be located at interseclions of major thoroughfares and convenient to their residential service area. ❑ 1 OPPOSE the request as described in the notice of public hearing. 100 NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): GL C S,. Name (please print) c lzer l- 25Z)-%1- City, State,, and Zip Code Signature 4-o-- ,7 l 6P Date E-mail Address _ F Piwspef- is a place where eve€yore matter-s. SUBJECT: Zoning Case Z10-0005: Retail (R). DEVELOPMENT SERVBCES DEPARTMENT P.O. Box 307 Prosper, TX 75078 Phone: 972-346-3502 Fax: 972-347-9006 REPLY FORM The Town of Prosper has received a request to rezone 1.3± acres from Office (0) to LOCATION OF SUBJECT PROPERTY: The property is located on the west side of Hays Road, 400± feet south of the High Point Drive. DESCRIPTION OF THE REQUEST: The Retail District is established to provide locations for various types of general retail and service uses for one or more neighborhoods, and should generally be located at intersections of major thoroughfares and convenient to their residential service area. ❑ I OPPOSE the request as described in the notice of public hearing. I DO NOT OPPOSE the request as described in the notice of public hearing. COMMENTS (ATTACH ADDITIONAL SHEETS IF NECESSARY): �v� Vc r� 'ls%GrGCc L Lc rh 71t2c c�c C tecz y� Name (please print) NJ 6,qc. �$9 'Ar. P� Address PRGs r2g !k -75-0 78 City, State, and Zip Code __' �, , 11 Signatule Date E-mail Address PARKS & RECREATION Agenda Item No. 7 Prosper is a place where everyone matters. To: Mayor and Town Council From: Wade Harden, Sr. Planner Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer Re: Town Council Meeting — July 27, 2010 Date: July 22, 2010 Agenda Item: Consider and act upon park dedication and park fee credits for Prosper Estates and Mansions multi -family development. Description of Aaenda Item: The Subdivision Ordinance requires the owner of any property to be developed for residential purposes to convey land for park purposes or make a payment of money in lieu of land, or a combination of both. When the Town determines money in lieu of land is to be made, it will equal the average per -acre value of the whole property, the amount set forth in the Fee Schedule Ordinance, whichever is greater. In the case of the Estates and Mansions the land has been determined to be valued at $52,000 per acre, which is greater than the Fee Schedule value. The Town recently adopted new park dedication requirements that do not apply to this development as this development is vested under the previous Ordinance, which requires five percent (5%) of the gross land to be dedicated. The development is 42.47 acres, 5% being equal to 2.12 acres. At $52,000 per acre the total fees in lieu of land is equal to $110,240. The Subdivision Ordinance also requires the owner of any property to be developed for multi- family pay a park improvement fee for the purpose of assuring the Town can develop adequate community, neighborhood and linear park facilities. The Town recently adopted new park improvement fees that do not apply to this development as this development is vested under the previous Ordinance, which requires a payment of $750 per multi -family unit. The Estates and Mansions have a total of 620 units at $750 a unit, requiring the development pay $465,000 in park improvement fees. Agenda Item No. 7 - Page 1 of 2 In lieu of paying the entire $465,000 in park improvement fees, the developer has submitted a map and construction costs (see attached) with the following information: 8' Hike & Bike Trail 100% $ 65,082 $ 65,082 6' Hike & Bike Trail 100% $ 83,716 $ 83,716 Large Foot Bridge 100% $ 20,000 $ 20,000 Small Foot Bridge 100% $ 5,000 $ 5,000 Fitness Stations 100% $ 19,800 $ 19,800 Sand Volleyball Court 50% $ 9,200 $ 4,600 Playscape 50% $ 44,000 $ 22,000 Playground Flatwork 50% $ 7,980 $ 3,990 TOTAL $254, 778 $224,188 Park Improvement Fee Calculated - $465,000 Park Improvement Fee Maximum Credits - - $224,188 Park Improvement Fee Due $177,688 Budget Impact: The decision has a direct impact on the fund balance for both the Park Land Fund and Park Improvement Fund. If approved as submitted the Park Dedication Fee to be collected is $110,240 and the Park Improvement Fee to be collected is $177,688. Legal Obligations and Review: No legal review of this request by the Town's attorney is required. Attached Documents: • RKM Letter & Map. Parks and Recreation Board Recommendation: At the May 13, 2010 PARBd meeting, the Board approved 100% credit toward the 8' and 6' hike & bike trails along with the associated foot bridges and exercise stations, contingent upon the all the associated improvements being made public by creating a public access easement per staffs approval. The Board approved a 50% credit towards the playground and sand volleyball improvements. The Board made the approval contingent upon a new parks standard sign being constructed by the developer at the trail access off of the Lakes of LaCima trail to the north and creating an access point from Richland Blvd. on the south side of the development. The Board approved the motion by a vote of 5 in favor and 0 opposed. Town Staff Recommendation: Staff recommends the Town Council 1) accept $110,240 in park dedication fees paid in lieu of land dedication; 2) approve a credit of $224,188 to Western Rim for the improvements outlined in the staff report contingent upon the following: improvements being made public through replatting the property; creating public access easements to encompass the improvements; require Western Rim to construct a Town approved parks sign at the trail head off of the Lakes of La Cima trail; and Western Rim create a concrete sidewalk connection sidewalk to the trails from Richland Blvd. to the south; and 3) accept $177,688 in park improvement fees. Agenda Item No. 7 - Page 2 of 2 P.O. Box 864864 FLA 'I Plano, TX 75- Office: (469) 36 361 I -14161416 Fax: (469) 361-2485 RKM & Associates. Inc. July 12, 2010 Wade Harden Town of Prosper Development Services 407 East First Street Prosper, TX 75078 Re: Length of Bike Trails The Mansions and Estates of Prosper Prosper, Texas Dear Mr. Harden: This letter affirms that the linear footage of the sidewalks on the attached exhibit is as follows: 1) Six Foot Sidewalk — 4,190 LF 2) Eight Foot Hike & Bike Trail — 2,443 LF Please feel free to contact me at (214) 886-1721 if you have any questions. Sincerely, RKM & Associates, Inc. 40-e4- Robert K. Manaois, P.E. �TVPN BUTTES DRIVE TYAN BUTTES DRIVE nnnninnnnnnnnunn -F ------ ------ ------ -44 ------ ------ ------ ------ ------ ------ ------ -- - --- --- ------ ------ ------ ------ ------ ------ pimmini1111111111 M! !flf[W