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07-083 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 07-083 A RESOLUTION ADOPTING THE YEAR 2007 PARKS, RECREATION AND OPEN SPACE MASTER PLAN FOR THE TOWN OF PROSPER, TEXAS WHEREAS, the Town Council of the Town of Prosper recognizes the need for a Year 2007 Parks, Recreation and Open Space Master Plan ("the Parks Plan") to provide goals, assessments, standards, recommendations and strategies for implementation over a ten year period in an effort to provide for and continually improve park and recreational facilities, provide trail opportunities, preserve open space and rehabilitate existing parks in the Town of Prosper; and WHEREAS, the primary objective of "the Parks Plan" is to provide recreational services desired by the citizens of Prosper, acquire needed open space and preserve natural resources; and WHEREAS, in order to address recreational needs in the future, the Town of Prosper has sought input from the citizens of Prosper through a survey, a public meeting, the Prosper Parks and Recreation Advisory Board; the Planning and Zoning Commission and the Town Staff; and that input has been incorporated into "the Parks Plan";and WHEREAS, "the Parks Plan" complies with Texas Parks and Wildlife Department master plan guidelines which requires parks and recreation needs to be prioritized and addressed in an action plan format: and WHEREAS, the Town Council, having taken into consideration the results of the study conducted by Halff Associates for the Town of Prosper, determines that "the Parks Plan" is reasonable; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: That the Year 2007 Parks, Recreation and Open Space Master Plan for the Town of Prosper, Texas, is hereby officially adopted, as attached hererto and incorporated herein for all intents and purposes. A ten-year Action Plan has been developed to prioritize implementation of the Year 2007 Parks, Recreation and Open Space Master Plan, to guide the rehabilitation of existing parks, provide guidance in the application of funding, and to suggest alternative funding mechanisms. Adoption of the Year 2007 Parks, Recreation and Open Space Master Plan shall not commit the Town of Prosper to specific funding levels and implementation strategies, but shall provide a guidance plan for the Town's vision for availability and growth of park, open space and recreational services. INTRODUCED, REAN, AND PASSED BY AFFIRMATIVE VOTE OF THE TOWN COUNCIL, on this on the 25th day of September, 2007. Charles Niswaiger, Mayor ATTEST: tthew D. Denton, TRMC Town Secretary OF PA � ®a ®Alz 00 °�;sue 9 ® 69 o p® #0 o ® o °gym ® o 0 ° ° ® ° ° 0 © oo ,,p °® ° ®® o,O°°p0°°00" ® MINUTES Regular Meeting of the Prosper Town Council Prosper Middle School - Library 605 E. Seventh Street, Prosper, Texas Tuesday, September 25, 2007 at 6:00 p.m. 1. Call to Order / Roll Call. The meeting was called to order at 6:08 p.m. Roll call was taken by the Town Secretary. Councilpresent included: Mayor Charles.Niswanger (Arrived 6:20 p.m.), -Mayor Pro-Tem David Bristol, Deputy Mayor Pro-Tem Dave Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and:Ray.Smith. Staff present included: Mike Land, Town Manager; :Hulon Webb, Director of Development Services; Chris Copple, Senior Planner;: Wade Harden, Senior Planner; Dan Tolleson, Executive. Director of the Economic Development Corporation; Ron Butler, Business Manager; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The invocation was given by Pastor Kris Kennedy, First Baptist Church Prosper. Mayor Pro-Tem Bristol, led the Pledge of Allegiance. 11. Consider and act upon Change. Order .number 1 to include $23,943.60 dollars of paving improvements to Rheas Mills and approve a x.esolution authorizing the. Town Manager to execute the same. (FJ) Mayor Pro -Tern Bristol moved items .11 and 12 up on the agenda. Hulon Webb, Director. of Development Services; gave council background information on this item. Motioned by Councilmember Drown, seconded by :Deputy Mayor Pro-Tem Turley to approve' Change Order Number: 1 to JRJ Paving for $23,943.60 for the:Prosper Road Improvement Project 2007, adding Rhea Mills Street Improvements and approve'a resolution authorizing the Town Manager to execute the same. Motion approved 6-0. 12. Discuss and give direction regarding the Preston 48 Addition development located in the southwest quadrant of Prosper Trail and Highway289. (HVY) Mayor Niswanger arrived. at 6:20 p:m. Hulon Webb, Director of Development. Services, gave council background information on this item.. _. Tom McCabe, owner representative, answered questions for council. Bruce Harlan, HOARepresentative,: also answered questions for council. Councilmember Wadsworth asked staff to include this item on future agendas updating:the council on the progress of the development. Page I of 6 3. Announcements of dates and times of upcoming community events. Deputy Mayor Pro-Tem Turley stated the Health and Safety Fair will be held on October 20, 2007. Mayor Pro -Tern Bristol stated Collin County and Prosper ISD will be having bond elections on November 6, 2007. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings. (MD) September 11, 2007 — Regular Town Council Meeting September 11, 2007 — Special Town Council Meeting September 18, 2007 — Special Town Council Meeting ORDINANCES, RESOLUTIONS, AND AGREEMENTS b. An update on the Town's sports fields and/or the construction of future sports fields. (WH) C. 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) d. Consider and act upon 1) an inter -local agreement between the Town of Prosper and the City of Frisco regarding the provision of Geographic Information Systems (GIS) Services to the Town and 2) a resolution authorizing the Town Manager to execute the same. (H V) e. Consider and act upon and ordinance denying the request of ATMOS Energy Corp., Mid -Tex Division, for an annual gas reliability infrastructure program (GRIP) rate increase as part of the company's statewide gas utility distribution system. (ML) Mayor Pro-Tem Bristol requested items 4f and 4g be removed from the consent agenda for further discussion. Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Wadsworth to approved items 4a to 4e subject to staff recommendations. Motion approved 7-0. - f. Consider and act upon 1) approval of the Town of Prosper Parks, Recreation, and Open Space = Master Plan and 2) adopt a resolution authorizing the Mayor to execute the same. (WH) Mike Land, Town Manager, answered question for council. Wade Harden, Senior Planner, also answered questions for council. Doug Mousel, LandPlan Development, asked council to table the item so the development community could be involved in the process of making any changes proposed by the Town Attorney. Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve a resolution adopting the 2007 Parks, Recreation and Open Space Master Plan, authorizing the Mayor to execute the same subject to legal review and any attorney comments will be brought to a future council meeting for consideration and public input. Motion approved 6-1 with the Mayor voting "no." Page 2 of 6 FINANCIALS g. Consider and act upon the financial statements ending August 31, 2007. (RB) Mayor Pro -Tern Bristol asked staff to give a detailed explanation on any 10% variations in the financial statements the next time the financial statements are on the agenda. Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to approve item 4g. Motion approved 7-0. 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 a request to rezone 0.7± acre (104 East Broadway), located on the south side of Broadway Street, 200f feet east of Coleman Street, from Single Family-15 (SF- 15) to Downtown Office (DTO). (Z07-12). (CC) Chris Copple, Senior Planner, gave council background information on this item. Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to open the public hearing. Motion approved 7-0. Mayor Niswanger opened the public hearing at 7:00 p.m. There were no comments by the public. Motioned by Councilmember Dugger, seconded by Deputy Mayor Pro-Tem Turley to close the public hearing. Motion approved 7-0. Mayor Niswanger closed the public hearing at 7:01 p.m. Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Drown to approve the request rezone 0.7f acre (104 East Broadway), located on the south side of Broadway Street, 200f feet east of Coleman Street, from Single Family-15 to Downtown Office. Motion approved 7-0. 7. A public hearing to consider and act upon a request to rezone 83.6f acres located on the northeast corner of U.S. 380 and Coit Road from Planned Development-25-Commercial/Mixed Use (PD-25) to Planned Development -Retail (PD-R). (Z07-14). (CC) Chris Copple, Senior Planner, gave council background information on this item. Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tem Turley to continue the public hearing from the September 11, 2007 Town Council Meeting. Motion approved 7-0. Mayor Niswanger opened the public hearing at 7:10 p.m. Page 3 of 6 Jerry Richmond, Alberta Development, gave a brief presentation to council on the proposed development. Doug Mousel, LandPlan Development, spoke in support of the proposed project. Mark DeMattia, P&Z Commissioner, spoke in support of the proposed project. Troy Brock, P&Z Commissioner, spoke in support of the proposed project. Lee Jenkins, Alberta Development, answered questions for council. Motioned by Deputy Mayor Pro-Tem Turley, seconded by Dugger to close the public hearing. Motion approved 7-0. Mayor Niswanger closed the public hearing at 7:22 p.m. Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve the rezone with the following stipulations: 1. Change Exhibit F — Architectural Design Guidelines and Standards, Page 3, General Information. Step 1 should read "In addition to the Town of Prosper's approval process, the Prosper Crossing Architectural Control Committee shall approve the site plan, landscape plan, building exterior design, and materials." Also, delete Step 2. 2. Change Exhibit F — Section 4, Page 7. Delete the signage approval language. 3. Add the exhibit of a pad site elevation. 4. Revise Exhibit C, IV, B. 3 — Building Height. Revise the maximum height to a total maximum height of six stories, not to exceed 75 feet. Motion approved 7-0. DEPARTMENT ITEMS 8. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit Section 551.074: Discuss the appointment of individuals to the Parks and Recreation Board, Planning & Zoning Commission, and Economic Development Corporation. (MD) Council recessed into closed session at 7:40 p.m. 9. Reconvene into regular session and take any action necessary as a result of the closed session. Council reconvened into regular session at 8:09 p.m. 10. Discuss and appoint individuals to the Parks and Recreation Board, Planning & Zoning Commission, Board of Adjustments, and Economic Development Corporation. Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to appoint the following individuals: Economic Development Corporation — Jim Wicker Parks and Recreation — Thomas Blaney, Rutledge Gordon, Loren Moulder, and Jeff Stang Planning and Zoning — Ronni Gallup, Sam Johnson, Reno Jones, Marcus Ruark, and Jason Dixon (1 year term) Board of Adjustment — Daniel Ting, Michael Charlton, Craig Moody Motion approved 7-0. Page 4 of 6 Motioned by Councilmember Wadsworth, seconded by Councilmember Dugger to approved Aaron Ketchand as an alternate on the Board of Adjustment. Motion approved 7-0. 13. Discuss and give direction regarding progress with the West Prosper Development Group — Legacy Drive and Sanitary Sewer line construction. (ML) Mike Land, Town Manager, gave council background information on this item. 14. Consider and act upon 1) an agreement with Sharco Technologies, Inc. regarding the installation of a Town wide communication system, 2) and agreement with AT&T to install T1 lines required for the new system, and 3) a resolution of the Town Council authorizing the Town Manager to execute agreement for the same. (RB) Mike Land gave council background information on this item. Staff recommended council deny this item and go out for a new bid. Motioned by Councilmember Smith, seconded by Mayor Pro-Tem to deny the proposed communication system. Motion approved 7-0. 15. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: a. Section 551.087 to deliberate on economic development negotiations regarding the Gates of Prosper project. b. Section 551.071 — Consultation with the Town's Attorney regarding a matter (s) in which the duty of the Town Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding the McCutcheon v. Town of Prosper lawsuit. Motioned by Councilmember Smith, seconded by Councilmember Dugger to recess into closed session. Motion approved 7-0. Council recessed into closed session at 8:19 p.m. 16. Reconvene into Regular Session and take any action necessary as a result of the Closed Session. Council reconvened into regular session at 8:56 p.m. 17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Councilmember Turley asked that a discussion item be placed on a future agenda regarding moving executive session to the beginning of the council meetings. Mayor Pro-Tem Bristol requested a discussion item regarding a policy to inform the council of public safety events. Mayor Pro-Tem Bristol also requested discussion on the Council photos. Councilmember Wadsworth asked that staff look into getting microphones for the council meetings so the public can hear better. Page 5 of 6 18. Adjourn. Motioned by Councilmember Dugger, seconded by Councilmember Smith to adjourn. Motion approve 7-0. The meeting was adjourned at 9:00 p.m. Attest: Matthew D. Denton, TRMC Town Secretary Charles Niswanger, Mayor Page 6 of 6