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05.10.2005 Town Council MinutesTOWN OFF SFS 1. Call to Order I Roll Call. Meeting was called to order at 6:04 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, May 10, 2005 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Ane Casady, Kevin Drown, Mike Wadsworth, and David Bristol. Staff present included: Town Administrator, Doug Mousel; Planning Director, Mitch Humble; Building Official, Bryan Ausenbaugh; Fire Chief, Ronnie Tucker; Police Chief, Kirk McFarlin; Business Manager, Ron Butler; and Town Secretary, Shanae Jennings. 2. Invocation and Pledge of Allegiance Council chose to forgo doing the invocation and pledge of allegiance at tonight's meeting. 3. Announcements of dates and times of upcoming community events Canvassing of election results and swearing in of new council members will be conducted at a special meeting on Tuesday, May 17, 2005, at 6:00 p.m. 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 May 3, 2005 special meeting of the Town Council. (SJ) b. Consider and act upon minutes from the May 4, 2005 joint meeting of the Town Council and Prosper Economic Development Corporation. (SJ) ANNEXATION PETITIONS c. Consider and act to accept a Petition presented by 310 Prosper, L.P., 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 Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas, containing approximately 2.022 acres of land, and being more generally located on the south side of CR 933, 2,000± west of Custer Road. (SJ) d. Consider and act to accept a Petition presented by James K. Griffin, 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 Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas and the Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing approximately 73.038 acres of land, and being more generally located on the south side of East First Street, 2,000± feet west of Custer Road. (SJ) Page 1 of 8 ANNEXATION ORDINANCE e. Consider and act upon on an Ordinance for the 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) f. Consider and act upon the adoption of an ordinance amending Zoning Ordinance No. 84-16 in its entirety (Z05.1). (MH) FINAL ACCEPTANCE g. Consider and act upon a request for final acceptance of Prosper Town Center, Block A, Lots 2 and 3, being a bank and a retail building on two lots on 2.3± acres at the northeast corner of Preston Road and Broadway Street (D04-2). (MH) h. Consider and act upon a request for final acceptance of Prosper Town Center, Block A, Lot 1, being a drive in restaurant on one lot on 1.1± acre on the east side of Preston Road, 200± feet north of Broadway Street (D04-7). (MH) FINANCIALS i. Consider and act upon the financial statements ending April 30, 2005. (AL) Motioned by Mike Wadsworth, seconded by Kevin Drown to approve the consent agenda, subject to staff recommendations. Motion approved 5-0. 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.) PRESENTATIONS 6. Hear and discuss a presentation regarding the TXU electric delivery system . Gerald Perrin, 5312 Promise Land, Frisco, TX — There will be a new circuit substation in Prosper in the near future. He gave the council information regarding the location of this new substation and brief details relating to the substation. The target completion date for the substation is June 2005. PUBLIC HEARINGS /ASSOCIATED ORDINANCES/PLATS 7. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of tracts of land located in the Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas, containing approximately 72.13 acres of land, and the Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing approximately 28.75 acres of land, for a total of approximately 100.88 acres of land, and being more generally located on the south side of First Street, 2,000± feet west of Custer Road. (SJ) Page 2 of 8 Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Ane Casady to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:19 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Ane Casady to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:20 p.m. 8. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of tracts of land located in the Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas, and Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing approximately 138.702 acres of land, and being more generally located on the southwest corner of First Street and Custer Road. (SJ) Motioned by Kevin Drown, seconded by Mike Wadsworth to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:20 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Kevin Drown, seconded by Mike Wadsworth to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:21 p.m. 9. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas, containing approximately 146.609 acres of land, and being more generally located on the north side of University Drive, 3,000± feet west of Custer Road. (SJ) Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:21 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:22 p.m. 10. 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 approximately 85.789 acres of land, and being more generally located on the northwest corner of Dallas Parkway and Prosper Trail. (SJ) Motioned by David Bristol, seconded by Mayor Pro -Tem Lisa Dritschler to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:22 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by David Bristol, seconded by Mayor Pro -Tem Lisa Dritschler to close the public hearing. Motion approved 5-0, Mayor Charles Niswanger closed the public hearing at 6:23 p.m. 11. 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 approximately 3.350 acres of land, and being more generally located on the east side of Dallas Parkway, 1,500± feet north of Prosper Trail. (SJ) Motioned by Ane Casady, seconded by Kevin Drown to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:23 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Ane Casady, seconded by Kevin Drown to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:24 p.m. Page 3 of 8 12. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of tracts of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 82.459 acres of land, and being more generally located on the east side of Legacy Drive, 1,500± feet north of Fishtrap Road. (SJ) Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Ane Casady to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:24 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Ane Casady to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:24 p.m. 13. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of tracts of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 86.999 acres of land, and being more generally located on the south side of Prosper Trail, 1,500± feet east of Legacy Drive. (SJ) Motioned by Kevin Drown, seconded by Mike Wadsworth to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:25 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Kevin Drown, seconded by Mike Wadsworth to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:25 p.m. 14. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of tracts of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 100.288 acres of land, and being more generally located on the north side of Fishtrap Road, 2,500± feet east of Legacy Drive. (SJ) Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:26 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:26 p.m. 15. A public hearing to consider and act upon a request to rezone 3.4± acres on the east side of Dallas Parkway, 1,050± feet north of Prosper Trail from Single Family-1 to Commercial Corridor (Z05-5). (MH) The applicant requested that this public hearing be tabled until the next regularly scheduled meeting of the Prosper Town Council. Motioned by David Bristol, seconded by Ane Casady to table this item until the May 24, 2005 Town Council meeting. Motion approved 5-0. 16. A public hearing to consider and act upon a request to rezone 40.1± acres on the west side of Dallas Parkway, 1,350± feet north of Prosper Trail from Single Family-1 to Commercial Corridor (Z05-6). (MH) The applicant requested that this public hearing be tabled until the next regularly scheduled meeting of the Prosper Town Council. Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Kevin Drown to table this item until the May 24, 2005 Town Council meeting. Motion approved 5-0. 17. A public hearing to consider and act upon a request to rezone 85.8± acres at the northwest corner of Prosper Trail and Dallas Parkway from Single Family-1 to Single Family-1 and Commercial Corridor (Z05-7). (MH) Page 4 of 8 The applicant requested that this public hearing be tabled until the next regularly scheduled meeting of the Prosper Town Council. Motioned by Kevin Drown, seconded by David Bristol to table this item until the May 24, 2005 Town Council meeting. Motion approved 5-0. DEPARTMENT ITEMS 18. Consider and act upon 1) an agreement between the Town of Prosper and Rene Bates Auctioneers and 2) a resolution authorizing the Mayor to execute the agreement. Motioned by Kevin Drown, seconded by David Bristol to approve 1) an agreement between the Town of Prosper and Rene Bates Auctioneers and 2) a resolution authorizing the Mayor to execute the agreement. Motion approved 5-0. 19. Hear and discuss an update on the provision of animal shelter and control services to the Town by Collin County. (DM) Doug Mousel gave a brief overview and update on the new animal shelter which is being proposed to be built by Collin County, 20. Discuss the issue of dispatch services for the Town's Police and Fire Departments. The City of Frisco has served Prosper's dispatch needs over the past few years. In the upcoming year, Frisco will move into a new police department, at which time they have indicated to Fire Chief Ronnie Tucker and Police Chief Kirk McFarlin that they will no longer offer dispatch services to the Town of Prosper; therefore, the Town must utilize the time between now and the completion of the Frisco Police Department to figure out what entity will provide Prosper with dispatch services. Currently, staff is looking into whether Prosper should utilize the County for dispatch, or whether the Town should create an in-house dispatch service. Frisco has not indicated to either Chief Tucker or Chief McFarlin why they no longer plan to dispatch for the Town of Prosper. They have only indicated that they plan to dispatch within Frisco only. Mike Wadsworth was interested in other towns or cities the size of Prosper which have their own dispatch in Collin County or any other area. Mike Wadsworth's main interest was in finding that staff exhausted all resources before considering Prosper as the most viable conclusion to the problem. Ronnie Tucker indicated that Wylie has its own dispatch; however, they are larger than Prosper. He also indicated that currently Celina utilizes the County for their dispatch, other than when Prosper responds medically. Mayor Pro -Tem Lisa Dritschler asked if it were even a possibility that Prosper employee a couple of people to be stationed at the Frisco dispatch and managed Prosper dispatch calls; therefore, Prosper would be taking responsibility for their dispatch through Frisco's dispatch facility. Ronnie Tucker said it was something they could explore. Council asked if the Town Administrator or Mayor had discussed these issues with Frisco's City Manager or Mayor. Mayor Charles Niswanger indicated that he and Town Administrator Doug Mousel will likely get together with Frisco's Mayor and City Manager to discuss the issues regarding why Frisco no longer plans to offer dispatch services to Prosper, and see if it is possible for them to come to some agreement on continued service. David Bristol indicated he would like to see the Town speak with Frisco about continued service to Prosper, and also begin to look into the possibility of joining efforts regionally, possibly with other cities such as Celina, Anna and Melissa, to provide dispatch services together in a regional effort. 21. Discuss the Town's employment needs and possibly authorize the Town Administrator to hire additional employees to meet the Town's needs. (DM) Fire Chief Ronnie Tucker indicated he would like to have fire fighters and paramedics added to his staff. He said that his men generally respond to medical emergencies instead of fires, and he would like for them to be more available to respond to both. He would also like enough men that the Town can abide by safety protocol, which calls for two men into a fire and two men out at all times. Building Official Bryan Ausenbaugh indicated that he and the other building inspector are having a difficult time keeping up with the quality of inspections he would like to provide in a timely manner under the current circumstances. He indicated that the number of inspections being requested far exceeds the ability of the staff to handle those inspections. He is requesting the ability to hire Page 5 of 8 someone who could do code enforcement and health inspections, which would allow him and the other building inspector to focus on residential and commercial inspections. Police Chief Kirk McFarlin indicated that he would like to have someone who could run the dispatch center, as well as a Sergeant and a Communications Supervisor. Before acting on this item, Council recessed at approximately 7:53 p.m. Council reconvened at approximately 8:05 p.m. Mike Wadsworth suggested that there is a savings in the budget of about $50,000 this year due to lack of hiring, or delay in hiring, and that there is additional money in revenues at this point where the Town could possibly go ahead and look at bringing on some new positions for a code enforcement officer and a couple of firefighters. Mike Wadsworth indicated he would be in favor of hiring a code enforcement officer, outsourcing a health inspector, and hiring three additional fire fighters for the remainder of this budget year. David Bristol stated that he would support hiring two firefighters and promoting one of the existing firefighters to an officer position. He supports outsourcing health inspections, and he is supportive of hiring a code enforcement officer. Mayor Pro -Tem Lisa Dritschler would like to see three firefighters hired, she'd like to see one of those three become a captain, and she is supportive of outsourcing the health inspections and hiring a full time code enforcement officer. She is additionally supportive of hiring a maintenance worker as early as possible. David Bristol said he doesn't at all support adding an additional 50% to a single department, referencing the fire department, when it is not budgeted for and when it is a position that will need to continue to be paid for. Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to modify health inspection fees as outlined on the staff report with one modification that there will be no charge for the health inspections at the school, and direct the Town Administrator to hire the following employees: Code Enforcement/General Inspector, an outsourced health inspector, three firefighters in the fire department, and it is discretionary for the chief to promote the third person, or hire the third person as an officer, pursue a maintenance person in the parks/streets department, with the understanding that the hiring of that person will eliminate the outsourcing of parks related work. All of these positions are to be hired in accordance with fees outlined in staff reports. Motion approved 4-1. David Bristol opposed the vote feeling that the hiring of three firemen instead of two firemen was too much; however, he does not oppose hiring the other positions. 22. Discuss and provide direction to Town staff regarding the formation of a home rule and charter exploratory committee. (DM) Council asked when appointments to the Parks and Recreation Board, as well as the Prosper Economic Development Board would be. Town Secretary Shanae Jennings indicated that that the Town is attempting to move board and committee appointments away from election time to a more neutral and not as busy time of the year. Generally, the application and appointment process has been between the months of April and June, which is in the middle of municipal elections. The goal is to move them closer to October. However, staff does recommend going ahead and appointing the home rule and charter exploratory committee now so that work can begin. Mayor Pro -Tem Lisa Dritschler stated that she is supportive of moving forward with the creation of this committee at this time, but she would like to see a council person and/or staff person serve on the committee as well as residents of Prosper. Mike Wadsworth supported appointing the home rule and charter exploratory committee separate of the other committees and boards. He asked what the process would be for appointment to the home rule and charter committee, as well as what the process would be for the other board appointments. Town Secretary Shanae Jennings indicated that staff would be bringing back recommendations to the Council for various methods of appointment to boards and committees. However, she did recommend that council select two or three members among themselves to serve as an interview panel to individuals who have applied to boards and committees, and then have those council people make recommendations for appointment to the entire Council for approval once interviews have been conducted. Mike Wadsworth supported the idea of two or three council people reviewing applications and selecting individuals for other committees such as the Parks and Recreation and Economic Development Committee. Mayor Pro -Tem Lisa Dritschler supports the same but she also supports having those two council individuals interview the applicants Page 6of8 Council discussed various methods for appointment to the home rule and charter exploratory committee since it is the committee which needs to be selected now. Council agreed that they would approach the selection process similar to how prior board and committee appointments were made, which is through an application and meet and greet process. They also discussed how many individuals they would like to appoint to the board. After all members of Council offered their suggestions, Mike Wadsworth recommended the following for the makeup of the committee: Two council members, two staff members, up to six citizens and a chairman to be appointed by the Mayor. The Chairman would be appointed in addition to the ten people already appointed. These individuals would report to the Council. Criteria would be that you must be a Town resident who is able to be a registered voter in Prosper. The Council will select residents after a meet and greet process has been conducted with the applicants. The Council would like for this to be posted for at least a month on the Town's website and in the Prosper Press. 23. Hear and discuss an activity report on thoroughfare improvement and traffic control projects. (DM) Doug Mousel gave a brief overview of the thoroughfare improvement and traffic control projects occurring in and around the Town of Prosper. Reports regarding these improvements can be found in staff reports located at Town Hall upon request. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to move to item 28 so that those members of staff who do not have any further agenda items can leave prior to the executive session. Motion approved 5-0. 24. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. There were no requests for Town Staff to place anything on a future agenda at this meeting. EXECUTIVE SESSION 25. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: a) Section 551.074 — Deliberations about personnel matters regarding a complaint or charge involving alleged actions of Town employees. b) Section 551.072 — Deliberation about real property regarding acquisition of property for a Town park. Town Administrator Doug Mousel indicated that Council will not be addressing item 25a during the executive session. Council will only discuss and deliberate item 25b. Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to recess into closed session. Council recessed into closed session at 9:13 p.m. Mayor Charles Niswanger requested that future council member Dave Turley join them in executive session. Council had no objections to this request. 26. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Ane Casady, seconded by Mike Wadsworth to reconvene from executive session. Motion approved 5-0. Council reconvened at 9:38 p.m. 27. Discuss and provide direction to Town staff regarding the process of receiving and responding to complaints involving Town officials and employees. (DM) Motioned by Mike Wadsworth, seconded by Ane Casady to table this item to the May 24, 2005 meeting and continue to use the old complaint form in the meantime. Motion approved 4-1. David Bristol opposed. 28. Discuss and direct Town Staff regarding Parks Master Plan Consultants selection process. (MH) Mitch Humble stated that a request for qualifications for a consultant to draft a Parks Master Plan has been published. Mitch Humble wanted to know if the Council would like to interview the finalists once selected, or if they were alright with the board interviewing them. Council indicated they were alright with the Parks Board conducting the interviews and making recommendations for selection. Council moved back to item 24 at this time. Page 7 of 8 29. Adjourn i Motioned by Ane Casady, seconded by Kevin Drown to adjourn. Motion approved 5-0. The meeting was adjourned at 9:40 p.m. Attest: f. Shanae Jennings, Teti, Secretary Page 8 of 8 Charles iyis er, yp