01.08.2002 Town Council MinutesRegular City Council Meeting
City Hall -109 S. Main Street
Tuesday, January 8, 2002, 7:00pm
Those Present: Mayor Jim Dunmire, Mayor Pro -Tem Charles Niswanger, Jeff Walker, Larry Tracey, Janet
Phillips and Michael Perry.
Call to order: Mayor Dunmire called the meeting to order.
Invocation: An invocation was given by Jeff Walker.
Public Hearing -Chuck Green Rezoning: The Public hearing opened at 7.09pm and closed at 7:10pm. No
one was present to speak.
Consent Items: Motioned by Janet Phillips and seconded by Larry Tracey to accept the consent items.
Motion carried.
Comments from Citizens: Mayor Dunmire introduced Kenneth Paxton, candidate forthe Texas House of
Representatives. Mr. Paxton briefed the Council and citizens on his background and political platform. Mr.
Paxton encouraged all citizens to vote. Early voting will begin on February 8, 2002.
Mayor Dunmire advised the citizens that the Council will entertain any candidates to speak at future Council
meetings.
No comments from citizens. No action taken.
Radean Herron, Tax A/C. Report: Radean Herron presented Council with the Tax A/C Report. Motioned by
Charles Niswanger and seconded by Jeff Walker to approve the Tax A/C Report. Motion carried.
Ronnie Tucker, Fire Chief, Rem: Chief Tucker not present.
Kirk McFarlin Police Chief, Report: Chief McFarlin presented Council. He advised of a fatality during the
recent month for which he is currently preparing the proper reports and paperwork for the Grand Jury.
The Prosper PD currently has 1 reserve and 4 other very interested candidates. Two of the candidates will
be taking their drug screens at end of this month.
No major incidents were reported over the holidays.
The crime prevention fund currently has a balance of $340.
AU necessary paperwork has been submitted for police car video camera funding, but a Resolution must be
passed before the Police Department is able to obtain such funding.
-A.
Larry Tracey recommended adding $1 voluntary donations to water bills for the police department. Jennifer
Finley stated that the staff will be mailing out letters to residents in the next week to advise of the voluntary
donations.
Council questioned the issue of double -striping on 5H289. Jennifer Finley explained that she previously
made a written request to TXDOT but has not received a response. Michael Perry recommended a follow-
up be made. He also requested copies of the letter sent by Jennifer so that Council members may
individually request a follow-up as well.
Mayor Dunmire mentioned that he spoke with Judge Moore today, and the Judge complimented the Prosper
PD on being the most professional of all the police departments with which he works.
Prosper E.D.C. Repo : Janet Phillips reported that Jim Herblin is on vacation and will be returning tonight.
_Chuck Green - Action on adoption of Rezoning Ordinance: Motioned by Jeff Walker and seconded by Janet
Phillips to adopt the Rezoning Ordinance for 12.996 acres owned by Chuck Green. Motion carried.
Lane Bauer, 1609 Shady Oaks - Action on acceptance of variance: Lane Bauer presented Council with a
request for a variance at 1609 Shady Oaks Located in the North Chase addition. The variance will change
the Ira's side setbacks to 5 feet. Mr. Bauer advised that he has spoke with the surrounding neighbors and
they do not have a problem with the proposed change.
Mayor Dunmire advised that this variance is consistent with other variances previously granted throughout
Northchase.
Jeff Walker recommended that the neighbors be advised before the variance is granted. Charles Niswanger
recommended granting the variance contingent upon the approval of the neighbors residing on either side of
the lot.
Motioned by Charles Niswanger and seconded by Jeff Walker to grant the variance subject to written
approval of the neighbors residing on both sides of 1609 Shady Oaks. Motion carried.
Charles Niswanger agreed to obtain written approval from the neighbors.
Discussion and possible action on repairs to W. 2°d Street: Charles Niswanger explained the need for
repairs to W. 2" Street. It appears the problems with the street are a resui# of heavy trucks parking a4ong
the sides of the road. Mr. Niswanger attempted to obtain more than one bid but has only received response
from Wopac Construction.
Mr. Niswanger feels that if the trucks continue loading and unloading on W. 2nd Street, the asphalt will not be
enough to keep the street repaired.
Mayor Dunmire advised that more information should be obtained regarding the parking, loading and
unloading of commercial trucks on city streets. Even with repairs, the street will continue to deteriorate due
to the continuous heavy loads.
The Mayor will instruct Chief McFarlin and Bill Little to review the City's options in regardsto prohibiting
businesses from loading and unloading on city streets.
Item tabled until which time all Issues may be addressed_ No action taken.
Action on adoption of Resolution 01-36 regarding CR48 Improvements: Jennifer Finley explained that
Resolution 01-36, regarding CR48 Improvements, was drafted at the request of Collin County. The County
worked with City Engineer Travis Roberts on the wording and details of the Resolution.
Motioned by Charles Niswanger and seconded by Janet Phillips to adopt Resolution 01-36, regarding CR48
Improvements. Larry Tracey opposed. Michael Perry abstained from voting. Vote 3 to 1. Motion carried. -
Discussion and possible action on the purchase of a new city vehicle: Charles Niswanger explained the
urgent need for a new city vehicle. Employee Manuel Praga is currently driving a city truck that is ve;y old
and in constant need of repairs. The Council agreed that the payment should be made out of the water
fund's capital expenditure account. They also agreed to donate the old truck to the Dallas CAN Academy.
Motioned by Charles Niswanger and seconded by Larry Tracey to purchase a Dodge 1/2 ton, V8 pickup for
$13,232. In addition bo the cost of the pickup is a $145 delivery fee, the cost of tough coat for the bed,
appropriate lettering and a tool box if necessary. Motion carried.
Discussion and ermina action on Interlocal Agreement with the City of McKinney regarding Waste
Water Protect: Mayor Dunmire updated Council in regards to the proposed Interlocal Agreement with the
City of McKinney. The agreement has not been completed at this time, but Mr. Dunmire advised the Council
of a previous meeting that he had with the McKinney City Council. The McKinney Council seemed very
much in favor of the agreement and advised the Mayor that it is very similar to McKinney's agreement with
the City of Allen. The City will work together with the City of McKinney and the North Texas Municipal
Water District to develop a wastewater line coming to Wilson Creek. In the interim, the City of McKinney
does not oppose the wastewater plant that the City of Prosper has proposed off of one of the Wilson Creek
tributaries. Mayor Dunmire advised that TNRCC strongly encourages this Interk)cal Agreement.
Action on appEoval of first pAVmepA for thg new well kKAW on CR122: Engineer Travis Roberts
recommended approval of the first payment for the new well located on C11122. Motioned by Janet Phillips
and seconded by Larry Tracey to- make the first payment toJJ. Biffte in- the amount of $91,724.00, for the
new well being drilled on CR122. Motion carried.
Action on a _qq of cayrnent #3, J.L. Avers. We11 No. 2, Tower Site: Engineer Travis Roberts
recommended approval of payment #3 for the J.L. Myers Well No. 2. Motioned by Larry Tracey and
seconded by -Janet Phillips to make the third -payment ta]-.L. Myers in -the amount of $45,214.74, for Well
No. 2 at the tower site. Motion carried.
Action on a?rovaI of accepting bid and initiaCina 4rillingof #2 Riffle Well at CR122. Site B: Engineer Travis
Roberts presented Council and does not feel that a woodbine well should be drilled at this site. Travis
recommended abandoning this site and pursuing -another- location -for well, If a well were to be - drilled at
this site, the water produced would not meet the safe drinking water act. At some point the future, water
from this site could -be blended witivsurface water to make water safe for drinking.
Council agreed to table any consideration of awarding a bid to J.J. Biffle and requested that Mr. Roberts
begin aggressively pursuing another location for a well. No action taken.
Action I o� f ac=bng bid and inMating consti0on of ground storage tank at CR122, Si
Engineer Travis Roberts recommended approval of bid for a ground -storage tank at CR122 to Gracon
Construction for $346,800.00. Bladcard Development previously offered to pay a $12,000.00 portion of -the
total price, making the total cost to the City $334;800.00.
Motioned by Charles Niswanger and seconded by Jeff Walker to accept the $346,800.00 bid from Gracon
Construction and initiate construction on a ground -storage tank located -at CR122, Site B. Motion carried.
Action on adaption of Ordinance 02-02 amendment to corridor ordinance: Jennifer Finley explained that
she and -Janet Phillips have been -working -with -City Attorney- Rebecca- Brewer to amend -the corridor
ordinance. The amendment to Section 1.13 will prohibit the use of hard! -plank. The amendment to Section
1.11.3- wi f require "a landscape buffer strip wnh a minimum} width of twenty (20) feet provided adjacent to
the right-of-way line of all other dedicated streets and/or the property line of any other private road, street
and/or drive This landscape buffer is exclusive -of the street parkway.,,
Motioned by Janet Phillips and seconded by Larry Tracey to adopt Ordinance 02-02, amending the corridor
ordinamce. Charles Niswanger abstained bnm voting. Motion carried.
Discussion and possible action on an animcontrol contract with the SPCA: Jennifer Finley presented
Councit regarding the proposed SPCA contract. The SPCA will not prewde "as -needed" services and requires-,,
a full-service contract. The yearly cost of the contract is $10,000.00. It provides for an officer to patrol the
City at least 3 -times a week. Animal, violations wili be written on the City's citation books.
A citizen from Amberwood Farms asked if the SPCA would have a remedy to the coyote problem in their
neighborhood. Jennifer Finley agreed -to contact the SPCA, as well, as Animal Control Services of Texas, in
an attempt to find a possible solution to the coyote problem.
Motioned by Lamy Tracey and seconded by Charles Niswanger to approve the animal control contract with
the SPCA in the amount of $10,000 per year. Motion carried.
Adiourn in Executive Session in with Texas Government Code
551.001:
A. Discussion on city employees.
B. Discussion on the hiring of a "temporary" city planner.
Reconvene into Regular Session to take any action neces5_ary as a result of
the D_qgAtive Session:
Motioned by Michael Perry and seconded by Janet Phillips to hire a person or firm to secure the right-of-way
for the Tollway. Motion carried.
�46 0:8
Jennifer Finley will obtain bids for this project within the next two weeks. The deadline for the completion
of securing the right-of-ways will be March.
Motioned by Michael Perry and seconded by Jeff Walker to authorize Jennifer Finley to begin the process of
locating a suitable candidate for the full-time position of city planner. Motion carried.
Motioned by Michael Perry and seconded by Charies Niswanger to grant Jennifer Finley the authority to take
any action necessary, in regards. city employees, as a result of Executive Session,
Adioum
Vie, Mayor
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