07-086 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 07-086
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 9`h day of October, 2007.
6lf6rles Niswanger, Ma
R
MINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, October 9, 2007 at 6:00 p.m.
1. Call to Order / Roll Call.
The meeting was called to order -at. 6:06 p.m.
Roll call was taken by the Town Secretary.
Council present included:_ Mayor Pro -Tern David Bristol, Deputy Mayor Prow -Tern 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; and Matthew Denton, Town Secretary. ,
2. Invocation and Pledge of Allegiance.
Commissioner Joe Jaynes led the Pledge of Allegiance.
The invocation was. given by Bill Borinstein, Prestonwood Baptist Church.
3._ Announcements of dates and times of upcoming community events.
County Commissioner Joe Jaynes advised the council that the Commissioners Court had awarded the Town a
$390,000 grant for Folsom Park. Commissioner Jaynes also discussed the November 6,- 2007 Bond Election.
Deputy Mayor Pro-Tem Turley announced the Health and Safety Fair.
6. - Presentation by Tracy Pounders with'Linebarger, Goggan, Blair, & Sampson on HB 621.
Mayor Pro -Tern Bristol moved item 6 up in the agenda.
:Tracy Pounders gave council a presentation .on HB 621.
10. Discuss and give direction regarding the Preston 48 Addition development located' W the southwest
quadrant of Prosper Trail and Highway 289. (HW)
Mayor Pro-Tem Bristol moved item 10 up in the agenda.:
Hulon Webb, Director of Development Services, gave council background information on this item.
Bruce Carlin and Jeremy Fuller addressed the council regarding this issue.
The Town Council directed staff to facilitate a meeting with the developers and HOA and then follow up on a
future Town Council meeting.
Page 1 of 4
EXECUTIVE SESSION
4. 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.
c.. Section 551.072 to discuss and give direction on the purchase, exchange, lease or value of real
property.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 7:OO.p.m.
5. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 8:37 p.m.
f ,12. 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 execute the same. (WH)
Mayor Pro-Tem Bristol moved item 12 up in the agenda.
Wade Hardin, Senior Planner, gave council background information on this item.
Richard Abernathy, Town Attorney, answered questions for council.
Doug Mousel, LandPlan Development, addressed the council regarding several issues he had with the way the Plan
is worded.
Scott Norris, Land Advisors, also spoke about concerns with the wording of the Plan.
Motioned by Councilmember Wadsworth; seconded by Councilmember Smith to 'approve the Plan with the
following statement be removed from the. document —
"Properties which.have been zoned prier to the adoption of the Plan will not be
subject to the requirements of the Plan."
and replaced with the following —
Nothing in this document shall be implied to vest any rights to property owners. In
addition, this document shall not constitute a "permit" and nothing in this document
shall be considered to provide the Town with "fair notice":ofa "project'.°,:as: said
terms are used in or as derined by Chapter 245 of the Texas .Local Govenun+ent Code.
And section 8.1.1 include a variance provision for properties developed with private streets or a golf course and
where properties are absent of desired habitat and protected trees.
Motion approved 4-2 with Turley and Drown voting "no..
Page 2 of 4
PRESENTATIONS
7. Presentation of a proclamation for support for the November 6, 2007 Collin County Bond Election.
Richard Abernathy, Town Attorney, asked the council to allow him to review the proclamation before it is
presented by Council.
CONSENT AGENDA
8. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• September 25, 2007 — Regular 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 an ordinance rezoning 0.74: 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)
Doug Mousel, LandPlan Development, addressed the council regarding item 8a.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to approve the consent agenda subject
to staff recommendations.
Motion approved 6-0.
CITIZEN'S COMMENTS
9. Other Comments by the Public.
Doug Mousel, LandPlan Development, asked the council to consider forming a Developer's Council to assist staff
with implementing the Parks and Recreation Opens Space Master Plan.
REGULAR AGENDA
DEPARTMENT ITEMS
11. Consider and act upon bid proposal for the Highland Meadows Drainage Project and take any action
necessary. (HW)
Hulon Webb, Director of Development Services, gave .council background information on this item and
recommended rejecting the bids and looking at other alternatives for the project.
Motioned by Councilmember Drown, seconded by Deputy Mayor Pro-Tem Turley to reject the bid on October 2,
2007, for construction services for the Highland Meadows Drainage Project. Motion approved 6-0.
Page 3 of 4
13. Consider and act upon a resolution adopting the FY 2007 certified appraisal roll. (RB)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Wadsworth to approve the resolution adopting
the 2007 certified appraisal roll.
14. Discuss the proposed Preannexation Agreement with Forest City. (NIL)
Mike Land, Town Manager, gave council background information on this item.
David Blum and Jim Mansky gave a presentation and answered questions regarding the proposed agreement.
Council discussed their concerns with the proposed agreement.
15. Discuss and give direction on moving Executive Session to the beginning of council meetings. (MD)
Matt Denton, Town Secretary, gave council background information on this item.
Mayor Pro-Tem Bristol read a statement from Doug Mousel, LandPlan Development, recommending executive
session remain at the end of the meetings.
The council discussed the timing of Executive Session and ultimately decided to keep it at the end of the meeting
unless there are extenuating circumstances requiring it be moved to the top of the agenda.
16. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Councilmember Wadsworth asked that a Developer's Council discussion item and having the Town Attorney
available for the meetings be placed on a future agenda.
17. Adjourn.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to adjourn.
Motion approved 6-0.
The meeting was adjourned at 10:50 p.m.
Attest:
Matthew D. Denton, TRMC
Town Secretary
Charles Niswanger, Mayor
Page 4 of 4
MINUTES
i1�� Regular Meeting of the Prosper Town Council
Prosper Middle School - Library.
T.O: W'N OF 605 E. Seventh Street, Prosper, Texas
Tuesday, September 25, 2007 at 6:00 p.m.
SPL:.
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.
Council present 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 resolution authorizing the Town Manager to execute the
same. (FJ)
Mayor Pro-Tem Bristol moved items I 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 Highway 289. (HV�
Mayor Niswanger arrived at 6:20. p:ni.
Hulon Webb, Director of Development Services, gave council background information on this item.
Tom McCabe, owner representative, answered questions for council.
Bruce Harlan, HOA Representative, 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 1 of 6
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-Tem 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. (HW)
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 -Tern Bristol requested items 4f and 4g be removed from the consent agenda for further discussion.
Motioned by Mayor Pro -Tern 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. (RIB)
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 0.7f 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 -Tern 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 -Tern 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.
U . 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 TI 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.
EXECUTIVE SESSION
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
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