01.13.2004 Town Council MinutesFT. wn of Prosper
1. Call to Order 1 Roll Call.
Minutes (approved)
Regular Meeting of the Prosper Town Council
601 South Church Street
Prosper First Baptist Church Children's Building (S. Wing)
Tuesday, January 13, 2004 7:00 p.m.
Roll call was taken by the Town Secretary
Council present included: Mayor Charles Niswanger, Mayor Pro Tem Michael Perry, Ane Casady, Lisa Dritschler, Karie Dalton,
and Russell Kaker.
Staff present included: Town Administrator, Doug Mousel; Director of Planning, Mitch Humble; Public Works Director, Bill Little,
Police Chief, Kirk McFadin; Town Secretary, Shanae ,Jennings.
Meeting was called to order at 7:03 p.m.
CONSENT AGENDA
2. Approval of Consent Agenda. (items placed on the Consent Agenda are considered routine in nature and are
considered non-conimversial. 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.)
MINUTES
a. Consider and act upon the following minutes from past Council meetings:
■ December 9, 2003 Work Session
■ December 9, 2003 Regular Meeting
■ December 16, 2003 Regular Meeting for Planning, Zoning and Development Issues
■ December 23, 2003 Special Session
ANNEXATION AND DEVELOPMENT APPLICATIONS
b. Consider and act to accept a Petition presented by MAHG Partnership (A 2004.01), and to set dates for two
public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Collin
County School Land Survey, Abstract No. 147, Collin County, Texas, containing 204.775 acres of land, and being
more generally located at the northwest corner of CR 27 and US 380.
c. Consider and act to accept a Petition presented by Prosper-Tollroad/Joint Ventures, LTD (A 2004-02), and to set
dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in
the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 71.914 acres of land,
and being more generally located at the northeast corner of CR 49 and CR 4.
d. Consider and act to accept a Petition presented by Prosper Joint Venture, LTD (A 2004-03), and to set dates for
two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Collin
County School Land Survey, Abstract No. 147, Collin County, Texas, containing 125.58 acres of land, and being
more generally located at the south side of CR 4, approximately 1,002 feet west of CR 27.
e. Consider and act to accept a Petition presented by Prosper ,Joint Venture, LTD and Prosper -Commercial Joint
Venture (A 2004-04), and to set dates for two public hearings and call for a service plan for the voluntary
annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 172, Collin County,
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Texas, containing 130.45 acres of land, and being more generally located at the northwest corner of CR 27 and
CR 3.
f. Consider and act to accept a Petition presented by Ronald P. Barlow (A 2004.05), and to set dates for two public
hearings and call for a service plan for the voluntary annexation of a tract of land located in the William H.
Thomason Survey, Abstract No. 895, Collin County, Texas, containing 17.2988 acres of land, and being more
generally located at the northeast corner of CR 80 and CR 79.
g. Consider and act to accept a Petition presented by Sexton Farms, LTD (A 2004-06), and to set dates for two
public hearings and call for a service plan for the voluntary annexation of a tract of land located in the William
Butler Survey, Abstract No. 112, Collin County, Texas, containing 139.90 acres of land, and being more generally
located at the northwest corner of CR 80 and CR 78.
h. Consider and act to accept a Petition presented by Carol Tung Tsai (A 200407), and to set dates for two public
hearings and call for a service plan for the voluntary annexation of a tract of land located in the Ed Bradley
Survey, Abstract No. 86, Collin County, Texas, containing 41.166 acres of land, and being more generally
located at the northeast corner of CR 73 and US 380.
FINANCIALS
L Consider and act upon the financial statements ending December 31, 2003.
Mayor Pro Tem Michael Perry asked when there would be adjustments to the budget so that Council could review the fund status.
Mayor Charles Niswanger stated those updates would reach Council very soon. He asked that Lisa Dritschler work with Town
Administrator, Doug and Town Secretary, Shanae Jennings to get the financials prepared.
Ane Casady had corrections to the minutes. She stated that she did vote to go into executive session and adjourn. She also
stated that Norris was misspelled twice during the minutes.
Motioned by Mayor Pro Tern Michael Perry, seconded by Lisa Dritschler to approve the consent agenda, subject to corrections in
the minutes. Motion approved 5-0.
COMMENTS FROM CITIZENS
3. Invitation for citizens to speak to the Council on any topic not on the agenda or not already scheduled for Public
Hearing. (Please complete a "Comments from Citizens "Form and present it to the Town Secretary prior to the meeting.)
Lisa Frey, 10685 Wild Rose Ct., McKinney, TX. - She approached speaking on behalf of the Prosper Sports Association (PSA).
She thanked the Council for their support for the need of the fields, and wanted to update them with the number of registered
children for PSA soccer and football. She indicated that the need for the fields is becoming more apparent as the growth for both
sports is increasing.
Darin Riggs, Chairman of the Parks and Rec Board stated that they are ready to move forward as soon as the purchasing policy
is approved. He stated that everyone on the Park and Rec committee was aware that the notices for bid would be posted as soon
as they had the new policy in place.
Jeff Burandt -1540 Gentle Way, Prosper, TX. - He stated he doesn't like taxes anymore than the average person, but that he
recognizes there are commitments the Town has made to run water and sewer to several areas of Prosper. He also recognizes
there is a need to improve the town facilities and acquire land. Mr. Burandt knows that a Certificate of Obligation (CO) is what is
needed in order to get all of these things accomplished, and he supports the CO. He asked that the Council put a line item
budget on the website indicating what the money is being spent on, and how much is being spent as the process moves forward
so that the Council and Staff are showing good faith as to how the money is being allocated.
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Johnny Newton, 2709 Greenview, McKinney, TX. He is a candidate for Constable in Precinct 4. He asked to introduce himself
and told a little bit about himself and his platform. He told Council that if they ever wanted him to come and speak to any
organizations, or at a future Council meeting that he would be glad to do so.
REGULAR AGENDA
PUBLIC HEARINGS
4. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located
in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 146.407acres, being more
generally located at the southeast corner of Burlington Northern Santa Fe Railroad and SH 439. (A 2003-05 Shanahan)
Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion carried 5-0.
Mayor Charles Niswanger opened the public hearing at 7:24p.m.
Tom Clark, 4601 Langland, Farmers Branch, TX. stated that he is the applicant and would be happy to answer any questions the
Council may have. There was no discussion on this hearing.
Motioned by Mayor Pro Tem Michael Perry, seconded by Karie Dalton to close the public hearing. Motion carried 5-0.
Mayor Charles Niswanger closed the public hearing at 7:24p.m.
5. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located
in the Spencer Rice Survey, Abstract No. 787, Collin County, Texas, containing 199.407acres, being more generally
located at the northwest corner of SH 289 and CR 48. (A 2003-06 Shanahan)
Motioned by Mayor Pro Tem Michael Perry, seconded by Ane Casady to open the public hearing. Motion carried 5-0.
Mayor Charles Niswanger opened the public hearing at 7:25 p.m.
Tom Clark, 4601 Langland, Farmers Branch, TX. stated that he is the applicant and would be happy to answer any questions the
Council may have. There was no discussion on this hearing.
Motioned by Mayor Pro Tem Michael Perry, seconded by Ane Casady to close the public hearing. Motion carried 5-0.
Mayor Charles Niswanger closed the public hearing at 7:25 p.m.
6. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located
in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 29.664 acres, being more
generally located on the east side of SH 289 and 1,400± feet north of CR 78. (A 2003.07 Blue Star Land)
Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion carried 5-0.
Mayor Charles Niswanger opened the pubfic'hearing at 7.26 p.m.
Bill Minchinger, 9814 Murser, Dallas, TX. stated he was the applicant and would be happy to answer any questions the Council
may have. There was no discussion on this hearing.
Motioned by Mayor Pro Tem Michael Perry, seconded by Karie Dalton to close the public hearing. Motion carried 5-0.
Mayor Charles Niswanger closed the public hearing at 7:27 p.m,
7. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located
in the Collin County School Land Survey, Abstract No. 172, Collin County, Texas, containing 149.997 acres, being more
generally located at the southeast corner of SH 289 and FM 1461. (A 2003.08 Blue Star Land)
Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion carried 5-0.
Mayor Charles Niswanger opened the public hearing at 7:27p.m.
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Bill Minchinger, 9814 Murser, Dallas, TX. stated he was the applicant and would be happy to answer any questions the Council
may have. There was no discussion on this hearing.
Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to close the public hearing. Motion carried 5-0.
Mayor Charles Niswanger closed the public hearing at 7:28 p.m,
8. Presentation of Service Pian and First Public Hearing to consider the voluntary annexation of a tract of land located
in the J. Yarnall Survey, Abstract No. 1038, and Collin County School Land Survey, Abstract No. 147, Collin County,
Texas, containing 157.98 acres, being more generally located at the northwest comer of US 380 and SH 289. (A 2003-09
Angel Properties)
Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion carried 5-0.
Mayor Charles Niswanger opened the public hearing at 7:29 p.m.
Roy Wilshire, 12700 Park Central Drive, Dallas, TX stated he was the applicant and would be happy to answer any questions the
Council may have. There was no discussion on this hearing.
Motioned by Mayor Pro Tem Michael Perry, seconded by Karie Dalton to close the public hearing. Motion carried 5-0.
Mayor Charles Niswanger closed the public hearing at 7:29p.m.
MONTHLY ACTIVITY REPORTS
9. Review and discuss December 2003 Activity Reports for the following departments and committees:
• Administration
• Police Department
• Fire Department
• Planning Department
• Prosper E.D.C.
• Parks & Recreation Committee
• Public Works
• Inspections
• Communications Committee
Lisa Dritschler asked if the Senior Building Inspector job would be full time or part time. Doug stated it would be part time. Mayor
Charles Niswanger stated that two people had been interviewed but that they want to continue interviewing a few more people.
Ane Casady asked if the individuals they were interviewing were certified as building inspectors, and Doug responded that they
are.
AGREEMENTS
10. Consider and act upon authorizing the Mayor and Town Administrator to prepare and execute an agreement to
detail actions necessary to complete the CCN transfer from Danville Water Supply District to the Town.
Doug and the Mayor have met with individuals who have concerns about the Danville water agreement, and believe they have
answered some if not all of their concerns. Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to authorize
the Mayor and Town Administrator to prepare and execute an agreement to detail actions necessary to complete the CCN
transfer from Danville Water Supply District to the Town of Prosper. Motion approved 5-0.
11. Consider and act upon a proposal by Parsons Transportation Group to prepare thoroughfare and circulation
standards for the Town and authorize the Mayor to sign the proposed Letter Agreement from Parsons to prepare the
same.
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Director of Planning, Mitch Humble stated that the thoroughfare and circulation standards establish design standards for the town.
If an ordinance is in place it will be consistent and apply across the board. It is a proposed cost of $12,800, and the budget for it
is already in place with the professional fees aspect of the budget. Additionally, it gives consistency to right-of-way dedication
requirements.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to authorize the Mayor to to sign the proposed Letter
Agreement from Parsons to prepare thoroughfare and circulation standards for the Town. Motion approved 5-0.
ORDINANCES AND RESOLUTIONS
12. Consider and act upon adoption of an ordinance amending tate Sign Code.
Mitch stated that he got several good comments back from Council regarding the sign code. He addressed the items that he
thinks Council should focus on before approval of the amended code, they include:
Banner Sign Size, Number of Internal Directional Signs, Drive -Through Menu Board Size, Unified Development Signs,
Subdivision Entry Signs, Wall Signs and Portable Signs,
Banner Sign - Tam Claris, 4601 Langley, Dallas - representing Prosper Town Center. He asked that they not exceed 75 % of the
width of the building or suite. Staff recommends leaving the proposed sign size in place, which allows for a maximum 48 square
foot banner sign on a temporary basis for all users.
Number of Internal Directional Signs - Mitch suggests two signs per acre and if this is going to be exceeded it should be on a
request by request basis. Tom Clark asked that there be an allowance to have direction signs at the height that won't block
anyone's view, but that allows for a pole mounted sign.
Drive Through Menu Board - There was a question of whether or not 64 square feet was too big for a drive through menu board;
and Mitch tends to think that it is. Staff recommends, and Council would like to see 48 square feet.
Unified Development Signs - Again, there was concern that these signs might be too big. It was proposed they be 168 square
feet and a maximum height of 16 feet. Mitch recommends they decrease to 120 square feet, and 10 feet in height. Tom Clark
would like for the signs to be over 10 feet high and more than 120 square feet. He asked that Council keep in mind that there is
not much depth along the 3 mile stretch of Preston Road which is the main thoroughfare for people to see the retail signs, and if
they are not high enough and close enough to the road he is afraid they will be missed.
Subdivision Entry Signs - Mitch suggested that the sign be increased from 32 square feet to 60 square feet.
Wall Signs - Mitch suggested that the Town allow for painted on signs.
Portable Signs - It is suggested that they be allowed on a conditional use permit.
Lisa Ddtschler asked that Kiosk signs be addressed, and she proposed that the Chamber review the ordinance before it is
adopted. Lisa expressed concerns about the usage of Kiosk signs. She doesn't want to look like Frisco, and doesn't see the
purpose of them when they are driven by at 55 mph.
Darin Riggs, 5935 County Road Prosper, Tx. - He asked how the signs of the Prosper Sports Association will be affected
because they are on the fence in the outfield of the baseball field.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to table this item until the Jan. 27, 2404 Council meeting.
Motion approved 5-0.
13. Consider and act upon a resolution directing publication of a notice of intention to issue combination tax and
revenue certificates of obligation and authorize the Mayor to execute the same,
Doug Hartman, First Southwest Company, Prosper's financial advisor, and Dan Culvert, the Towns Bond attorney presented a
timeline for the notice and publication of intent to issue combination tax and revenue certificates, as well as the timeline for the
overall bond.
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They stated that the account will be held in TexPool. Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to
publish the notice of intention to issue combination tax and revenue certificates of obligation and authorize the Mayor to execute
the same. Motion approved 5-0.
Lisa Dntschler would like to get something on the website that updates the residentslcommunity of the bond and what and how
the money is being spent. She would like Staff to maintain something like this so that Council shows accountability throughout
the process the bond expenditures.
Mayor Charles Niswanger tailed a short recess at the request of the Council at 8:36 p.m.
Mayor Charles Niswanger reconvened Council from the recess at 8:51 p.m.
14. Consider and act upon a resolution approving the Town's participation in Fishtrap Properties, L.L.P. and Mustang
Special Utility District v. Texas Commission on Environmental Quality, Cause No. GN3-04709, in the 200th Judicial
District Court of Travis County, Texas; authorizing the Town Attorney or special counsel to take all necessary actions to
oppose the allegations and relief sought by Fishtrap Properties, L.L.P. and Mustang Special Utility District and authorize
the Mayor to execute the same.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dntschler to act upon approval of a resolution approving the
Town's participation in Fishtrap Properties, L.L.P. and Mustang Special Utility District v. Texas Commission on Environmental
Quality, Cause No. GN3-04709, in the 200th Judicial District Court of Travis County, Texas; authorizing the Town Attorney or
special counsel to take all necessary actions to oppose the allegations and relief sought by Fishtrap Properties, L.L. P. and
Mustang Special Utility District and authorize the Mayor to execute the same.
Motion approved 5-0.
DEPARTMENT ITEMS
15, Discuss the financial audit of the Town's 2002-2003 fiscal year.
Tom Pingieton of Pingieton, Howard & Company, P.C., P.Q. Dox 148, Frisco Texas -- He is the Town's Auditor and he spoke
regarding the 2002-2003 audit, covering the final analysis and offering suggestions for next year. He noted that there were
deficiencies in the bank reconciliations, notes payable, and accounts payable. He also indicated that some of those deficiencies
are likely a result of changes in Town Staff.
Council asked what is being put in place to correct errors that have occurred in the past. Doug Mouse( stated that while there was
no complete confidence in the employees that were in charge of the books in the past, he is confident in those employees that are
taking care of it now.
Staff expressed concern that we do not have a CPA or a financial specialist doing the finances. They asked what Mr. Pingleton
has seen in other Cities, and he stated that the person needs to be able to do all of the transactions, not just some of them.
Mayor Charles Niswanger, Council and Doug Mousel discussed and recommended that Mr. Pingleton do a quarterly review. Mr.
Pingleton stated that he would be happy to work with the Town on a quarterly basis to ensure that the books are being properly
kept and recorded.
16, Discuss and act upon increases to the Town's rates for solid waste collection (ie. Garbage and recycling) and
disposal services and authorize the Town Administrator to implement the rates.
This will cost each resident approximately $.20 a month more, and sewer rates are not being raised. There is a clause that states
IESI can raise rates based on inflation, and that is what they are doing.
Mike Wilson from IESI stated that they would be able to make the increase on the bill that is distributed in February. This will give
the Town the ability to give residents notice that an increase will be occurring. A press release will be written and notice will go
out on the water bill.
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Motioned by Lisa Ddtschler, seconded by Ane Casady to authorize the Town Administrator to increase solid waste rates by 2.2%,
send out a press release noting the same, and post information to the website in an effort to notify residents of the increase which
will be contained in the February water billing statement. Motion approved 5-0.
17, Discuss and act upon participation in a study to determine the feasibility of the formation of a new regional
wastewater treatment and interceptor system.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Ddtschler to approve the Town's participation in the feasibility
studies and authorize the Town Administrator to remit payment for the Town's share of the cost of the studies.
Motion approved 5-0.
18. Discuss and possibly act upon revisions to the Town's purchasing policy.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to accept the Towns new purchasing policy subject to legal
review. Motion approved 5-0.
19. Authorize the Town Administrator to publish and distribute notices requesting the submission of applications from
local banks for the performance of depository services for the Town,
Ted Gilbert, First state Bank of Celina spoke regarding the pro's and con's of working with local banks.
Motioned by Lisa Ddtschler, seconded by Kade Dalton to authorize the Town Administrator to publish and distribute notices
requesting the submission of applications from local banks to include a 15 mile radius to Prosper for the performance of
depository services for the Town. Motion approved 5-0.
20. Review, discuss, and provide direction to staff regarding the appointment of individuals to the Economic
Development Corporation, Parks and Recreation Committee, and/or the Communications Committee.
Staff will move forward with distributing applications for all of the committee's.
21. Reading of Ordinance and/or Resolution captions accepted by Council.
Town Administrator, Doug Mousel stated this is no longer necessary as Prosper does not have a charter and it is not required by
the local government code to read Ordinance captions.
22. Discuss and possibly direct Town Staff to place items on future agendas.
Council did not request any specific items to be placed on the next agenda.
23. Adjourn.
Motion to adjourn by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker. Motion approved 5-0. The Town Council
meeting was adjourned at 9:56 p.m.
Attest:
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harles, is nge or