04.26.2005 Town Council MinutesPISPER
OWN OF
Call to Order I Roll Call.
Meeting was called to order at 6:07 p.m.
Roll call was taken by the Town Secretary
Minutes (approved)
Regular Meeting of the Prosper Town Council
601 South Church Street
Prosper First Baptist Church Children's Building (S. Wing)
Tuesday, April 26, 2005 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Ane Casady, Mike Wadsworth, and David
Bristol. Kevin Drown was absent.
Staff present included: Town Administrator, Doug Mousel and Town Secretary, Shanae Jennings.
2. Invocation and Pledge of Allegiance
The Council omitted item #2 tonight. The invited pastor was unable to attend the meeting to deliver the invocation.
3. Announcements of dates and times of upcoming community events
General Elections are Saturday May 7, 2005 from 7:00 a.m. to 7:00 p.m. and early voting extends through Tuesday, May 3,
2005.
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: (SJ)
• March 29, 2005 Special Meeting
® April 12, 2005 Joint Meeting between the Prosper Town Council and Prosper Parks and Recreation Board
• April 12, 2005 Regular Meeting
• April 18, 2005 Joint Meeting between the Prosper Town Council and Prosper Independent School Board
FINAL ACCEPTANCE
b. Consider and act upon a request for final acceptance of the Village of Prosper, being five single family lots on
1.3± acres at the southwest corner of Craig Street and First Street (D03-8). (MH)
SITE PLANS & PLATS
c. Consider and act upon a site plan and final plat of the Prosper High School and Middle School Addition, Block
1, Lot 1, being a high school and a middle school on one lot on 73.8± acres at the southeast corner of Coleman
Street and Eagle Lane (D05.3). (MH)
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d. Consider and act upon a preliminary plat of East Legacy Pointe, being 89 Single Family Lots and one Retail lot
on 52.1± acres at the southeast corner of Prosper Trail and Legacy Drive (D05-4). (MH)
e. Consider and act upon an amending plat of Gentle Creek Estates, Phase Three, Block A, Lots 20 through 30,
being 10 Single Family lots on 2.0± acres at the southeast corner of Coit Road and Gentle Creek Trail (D05.5).
(MH)
f. Consider and act upon a preliminary plat of Gentle Creek Estates, Phase Five, being- 31 Single Family lots on
10.2± acres on the east side of Coit Road, 300± feet north of Prosper Trail (D05-6). (MH)
g. Consider and act upon a preliminary plat of Gentle Creek Estates, Phase Six, being 57 Single Family lots on
25.1± acres at the northeast corner of Coit Road and Gentle Creek Trail (D05-7). (MH)
h. Consider and act upon a preliminary plat of Gentle Creek Estates, Phase Seven, being 54 Single Family lots on
38.2± acres on the east side of Coit Road, 1,800± feet north of Gentle Creek Trail (1305-8). (MH)
Motioned by David Bristol, seconded by Mike Wadsworth to approve the consent agenda, subject to staff recommendations.
Motion approved 4-0.
PUBLIC 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. Comments by the Public
There were no comments by the public tonight.
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
item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS /ASSOCIATED ORDINANCES/PLATS
6. Second Public Hearing to consider the proposed voluntary annexation of two tracts of land located in the Elisha
Chambers Survey, Abstract No. 179, Collin County, Texas, and the Wm. Butler Survey, Abstract No. 112, Collin County,
Texas, containing a total of 81.11 acres of land, and being more generally located on the north and south sides of
Prosper Trail, 1,200± feet west of Coit Rd. (SJ)
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 6:09 p.m.
No one elected to speak on this public hearing.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 6:09 p.m.
7. A public hearing to consider and act upon a site plan and replat of the Preston 48 Addition, Block A, Lots 4R, 5R,
& 6R, being a self storage facility on three lots on 5.6± acres on the south side of Prosper Trail, 250± feet west of
Preston Road. (D05.9). (MH)
Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 6:10 p.m.
Scott Norris, 4265 Kellyway, Addison, TX — He is here to answer any questions the Council may have regarding this site plan
and replat.
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Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 6:11 p.m.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to approve a site plan and replat of the Preston 48
Addition, Block A, Lots 4R, 5R, & 6R, being a self storage facility on three lots on 5.6± acres on the south side of Prosper Trail,
250± feet west of Preston Road, subject to staff recommendations. Motion approved 4-0.
DEPARTMENT ITEMS
Discuss a utility rate study prepared by economists.com. (DM)
Dan Jackson, 5500 Democracy Drive, Plano, TX presented to the Council. Mr. Jackson presented Council with updated
information he has prepared, more specifically, his recommendations for a utility rate adjustment. He indicated that one of the
main reasons the increase is necessary is because of the transition from ground water to surface water. Surface water is more
expensive. Secondly, inflation has gone up, and water and utilities is the same as any other industry in that the cost of capital
improvements to water utilities increases along with everything else. Additionally, it is costly to improve an aging infrastructure,
and that includes water.
He presented three alternative rate plans and structures for the council to consider. The first plan was to increase prices in
water and sewer services in July 2005, February 2006 and October 2006; therefore, increase the rates in three installments
overtime. The second plan encourages making one major increase in February 2006, with no additional increases in July 2005
or October 2006. The third plan suggests that the rate adjustments occur in two installments; one in July 2005 and one in
October 2006, and no increase occur in February 2006.
Ane Casady feels that plan number one is the most reasonable and that the staff should attempt to inform the residence of the
rate increases so that they are properly notified. She would like to wait until after the summer to initiate the increase.
Mayor Pro -Tem Lisa Dritschler also agrees that plan one is the most palatable, and that proper notification should be given to
residents. Mike Wadsworth supports plan 2 with two increases, and he agrees that the Town should wait until after the summer
months to initiate the first increase. He would support installation of the increase in October of 2005 and October of 2006. David
Bristol supports plan 2 as well, and also supports initiating the increases in October of 2005 and October of 2006.
Council directed Dan to bring back a proposal with two increases of roughly the same percentage each time for the months of
October 2005 and October 2006.
Dan Jackson indicated that he will bring one last proposal to the Council which implements the above requested increases.
9. Discuss and act upon the selection of a preferred and secondary firm for the Town to negotiate with regarding a
contract to perform architectural services for the design of a municipal building for the Town. (DM)
David Bristol supported Randall Scott Architects and found them to be the best fit for our Town. He liked all three groups and
would be happy with any of them, but his primary selection is for Randall Scott Architects. Mike Wadsworth stated that he
supports Randall Scott Architects as well and feels they gave the best presentation for our Town. Mayor Pro -Tem Lisa
Dritschler supports Randall Scott Architects and felt they had the most on -staff registered architects, was impressed that they
brought in a recommendation for a landscape firm, and feels they would be the best fit for the Town. Ane Casady concurred in
her support for the firm. Mayor Charles Niswanger also supported Randall Scott Architects.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to select Randall Scott Architects as the preferred
firm for the Town to negotiate with regarding a contract to perform architectural services for the design of a municipal building
for the Town. Motion approved 4-0.
Ane Casady, Mayor Pro -Tem Lisa Dritschler, Mike Wadsworth and David Bristol support Milton Powell and Partners as the
secondary firm. Mayor Charles Niswanger preferred Kirkpatrick Architecture over Milton Powell and Partners, felt they were
more prepared to keep the job within budget, felt the principal would be easier to work with, and felt the principal of the firm
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understood Prosper a little bit better; however, he is supportive of the Council's decision
Motioned by Mike Wadsworth, seconded by David Bristol to select Milton Powell and Partners as the secondary firm for the
Town to negotiate with regarding a contract to perform architectural services for the design of a municipal building for the Town.
Motion approved 4-0.
10. Consider and act upon selection of a firm to perform construction manager at risk services for the Town and
direct staff to prepare a contract between the Town of Prosper and the selected firm to provide construction manager
at risk services to the Town. (DM)
Mayor Charles Niswanger stated that he wants Pogue Construction to be the construction manager at risk. David Bristol said
that the school district as well as several other resources strongly endorsed Pogue Construction.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by David Bristol to select Pogue Construction to perform construction
manager at risk services for the Town and direct staff to prepare a contract between the Town of Prosper and the selected firm
to provide construction manager at risk services to the Town. Motion approved 4-0.
11. Consider and act upon 1) an agreement between the Town and Freese and Nichols, Inc. regarding engineering
design services and 2) the resolution authorizing the Mayor to execute the contract. (DM)
Motioned by Mike Wadsworth, seconded by Ane Casady to act upon 1) an agreement between the Town and Freese and
Nichols, Inc. regarding engineering design services and 2) the resolution authorizing the Mayor to execute the contract. Motion
approved 4-0.
12. Discuss the monthly activity reports from the following departments and committees:
• Administration
• Police Department
• Fire Department
• Planning Department
• Public Works
• Inspections
• Communications
• Parks and Recreation Committee
• Prosper E.D.0
The Joint Work Session between the Town Council and the Prosper Economic Development Corporation will be held on
Wednesday, May 4, 2005 beginning at 7:00 p.m.
13. Possibly direct Town staff to schedule topics for discussion at a future meeting, including discussion on possible
dates, times, and locations of a goal setting work session after the May election.
Council decided that Saturday, May 21, 2005 from 8:00 a.m. to 12:00 p.m. would be a good date to hold a work session. The
work session will include the newly elected Council and Department Heads.
14. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section
551.072 - Deliberation about real property regarding acquisition of right of way for the extension of the Dallas North
Tollway.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Ane Casady to convene into executive session. Motion approved 4-0.
Council convened into executive session at 6:58 p.m.
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15. Reconvene into regular session and take any action necessary as a result of the closed session, including action
upon 1) an agreement relating to dedication of right-of-way for the Dallas North Tollway and 2) a resolution authorizing
the Mayor to enter into the agreement with selected parties.
Motioned by Ane Casady, seconded by Mayor Pro -Tem Lisa Dritschler to reconvene from executive session. Motion approved
4-0. Council reconvened from executive session at 7:13 p.m. As a result of the executive session, the council chose to act on
this item.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Ane Casady to approve 1) an agreement relating to dedication of
right-of-way for the Dallas North Tollway and 2) a resolution authorizing the Mayor to enter into the agreement with selected
parties. Motion approved 4-0.
16. Adjourn
Motioned by Ane Casady, seconded by David Bristol to adjourn. Motion approved 4-0. The meeting was adjourned at 7:14
p.m.
Attest:
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