03.09.2004 Town Council MinutesMinutes (approved)
Regular Meeting of the Prosper Town Council
601 South Church Street
Prosper First Baptist Church Children's Building (S. Wing)
Tuesday, March 9, 2004 7:00 p.m.
''own Of Prosper
1. Call to Order l Rall Call.
Meeting was called to order at 7:14 p.m.
Roll call was taken by the Town Secretary
Council present included. Mayor Charles Niswanger, Ane Casady, Lisa Dritschler, and Karie Dalton. Mayor Pro -Tem Michael Perry
and Russell Kaker were absent.
Mayor Pro -Tem Michael Perry arrived at 7:24 p.m.
Staff present included: Town Administrator, Doug Mousel; Director of Planning, Mitch #fumble, Police Chief, Kirk McFadin; Fire
Chief, Ronnie Tucker, Town Secretary, Shanae Jennings.
Lisa aritschier announced that on Thursday, March 11, 2004 at 6:30 p.m. there will be a candle light vigil and tree dedication
ceremony for Brian Alvarez, a young child who was killed in a car accident a week ago.
0 CONSENT AGENDA
2. Approval of Consent Agenda. (Items placed on the Consent Agenda are considered routine in mature and are considered
16 non -controversial. The Consent Agenda can be acted upon in one motion. A majo* vote of the Council is required to remove any
item for discussion and separate action. Council members may vote xray 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: (SJ)
• January 27, 2004 Regular Meeting
• January 31, 2004 Work Session
■ January 31, 2004 Special Session
• February 10, 2004 Special Session
• February 10, 2004 Regular Meeting
• February 24, 2004 Joint Meeting with the Prosper Economic Development Corporation and Town Council
■ February 24, 2004 Regular Meeting
RESOLUTION
b. Consider and act upon approving a Resolution ordering a Special Election to be held on May 15, 7004 for the
purpose of a Local Option Election to legalize the sale of beer and wine for off -premise consumption only. (SJ)
ANNEXATION PETITION
c. Consider and act to accept a Petition presented by Mitaj Nathwani, 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 approximately 40.0616 acres of land, and being more generally
located at the west side of CR 49, approximately 2,800 feet south of CR 5.. (A 2004-20, Nathwanl) (SJ)
Page t of 8
ANNEXATION ORDINANCES
d, Consider and act upon an Ordinance 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. (A 2004-01, MAHG Partnership) (SJ)
e. Consider and act upon an Ordinance 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. (A 2004-02, Prosper-Tollroad/Joint Ventures, LTD) (SJ)
f. Consider and act upon an Ordinance 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. ( A 2004-03, Prosper Joint
Venture, LTD) (SJ)
g. Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the Collin County
School Land Survey, Abstract No. 172, Collin County, Texas, containing 130.45 acres of land, and being more
generally located at the northwest corner of CR 27 and CR 3. (A 2004-04, Prosper Joint Venture, LTD) (SJ)
h. Consider and act upon an Ordinance 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. (A 2004-05, Ronald P. Berlin) (SJ)
i. Consider and act upon an Ordinance 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. (A 2004-06, Sexton Farms, LTD) (SJ)
j. Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the Ed Bradley
Surrey, 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. (A 2004-07, Carol Tung Tsai) (SJ)
k. Consider and act upon adoption of an ordinance rezoning 17.3± acres at the northeast corner of C.R. 80 and C.R.
78 from Single Family -1 to Retail (Z03-6) (MH)
FINANCIALS
Consider and act upon the financial statements ending February 29, 2004. (AL)
Motioned by Ane Casady, seconded by Lisa Dritschler to approve the consent agenda, deterring the minutes relating to January 31,
2004 and February 24, 2004 and the financials, which is item 21 to be discussed at the March 24, 2004 meeting. Motion approved
3-0.
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.)
Sally Holmburg,1506 River Hill, Prosper, TX. 75078 — She spoke regarding the street light issue pertaining to Broadway Street and
First Street advocating in her opinion that the light which is set to be installed at Broadway should instead be installed at First
Street. She read a letter that she wrote to Council indicating her displeasure with their decision to put the light at Broadway instead
of First Street, and indicated that she plans to pursue the issue with TXDot.
Page 2 of 8
Kirk McFarlin 8112 Burleigh, Frisco, Tx. spoke regarding the traffic signal at First Street. He stated that traffic at First and Craig
Street is horrible right now, but if a light is installed at Broadway then it will stop traffic flow going south bound which will allow for a
break at First Street.
Sally Holmburg spoke and asked for a legal opinion regarding Kirk McFarlin's comments, sitting that he does not live in the Town of
Prosper.
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 Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas, containing 104.483 acres of land, and being more
generally located at the north side of US 380, approximately 950 feet west of FM 2478. (A 2004-08, Texas Land
Management, LLC) (SJ)
Motioned by Lisa Dritschler, seconded by Karie Dalton to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:29 p.m.
Rick Cowens, 635 Creekview Drive, Prosper, TX. 75098 asked if they have indicated what the developers would like to do with this
land. There was no further discussion on this public hearing.
Motioned by Lisa Dritschler, seconded by Karie Dalton to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:30 p.m.
5. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in
the F. Wilkerson Survey, Abstract No. 1411, and J. Morton Survey, Abstract No. 793, Denton County, Texas, containing
30.004 acres of land, and being more generally located at the southeast corner of FM 1385 and Parvin Road, (A 2004-09,
Ronald P. Berlin) (SJ)
Motioned by Ane Casady, seconded by Lisa Dritschler to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:31 p.m.
John Rose, 4215 Walnut Hill Lane, Dallas, TX. — He represents the applicant and is happy to answer any questions regarding this
annexation. Mr. Rose will be submitting a waiver of services to exclude services for portions of his land. There was no discussion
on this public hearing.
Motioned by Ane Casady, seconded by Karie Dalton to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:32 p.m.
6. 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 39.133 acres of land, and being more
generally located at the south side of Spur 439, 700 feet west of SH 289. (A 2004-10, Frisco Tollway Partners, LTD) (SJ)
Motioned by Ane Casady, seconded by Karie Dalton to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:33 p.m.
There was no discussion on this public hearing.
Motioned by Lisa Dritschler, seconded by Karie Dalton to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:34 p.m.
Page 3 of 8
• 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. 147, Collin County, Texas, containing 79.52 acres of land, and being
more generally located at the east side of CR 49, approximately 1500 feet south of CR 5. (A 2004-11, Prosper 80, LTD) (SJ)
Motioned by Lisa Dritschler, seconded by Ane Casady, to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:35 p.m.
There was no discussion on this public hearing.
Motioned by Lisa Dritschler, seconded by Karie Dalton to close the public hearing. Motion approved 4.0.
Mayor Charles Niswanger closed the public hearing at 7:35 p.m.
8. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in
the L. Netherly Survey, Abstract No. 962, J. Dorrett Survey, Abstract No. 350, and E. Hawkins Survey, Abstract No. 581,
Denton County, Texas, and the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing
162.39 acres of land, and being more generally located at the northwest corner of US 380 and County Line Road. (A 2004-
12, West Prosper, Beall, Rudman, (A}) (SJ)
Motioned by Karie Dalton, seconded by Ane Casady to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:35 p.m.
There was no discussion on this public hearing.
Motioned by Lisa Dritschler, seconded by Karie Dalton to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:36 p.m.
9. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in
the L. Netherly Survey, Abstract No. 962, J. Dorrett Survey, Abstract No. 350, and E. Hawkins Survey, Abstract No. 581,
Denton County, Texas, and the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing
357.10 acres of land, and being more generally located at the north side of US 380, approximately 690 feet west of County
Line Road. (A 2004-13, West Prosper, Beall, Rudman, (B)) (SJ)
Motioned by Karie Dalton, seconded by Ane Casady to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:36 p.m.
There was no discussion on this public hearing.
Motioned by Lisa Dritschler, seconded by Karie Dalton to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:36 p.m.
10. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in
the L. Netherly Survey, Abstract No. 962, and E. Hawkins Survey, Abstract No. 581, Denton County, Texas, containing
182.66 acres of land, and being more generally located at the south side of Fishtrap Road, approximately 2120 feet west of
County Line Road. (A 2004-14, The Rudman Partnership) (SJ)
Motioned by Ane Casady, seconded by Lisa Dritschler to open the public hearing. Motion approved 4.0.
Mayor Charles Niswanger opened the public hearing at 7:37 p.m.
There was no discussion on this public hearing.
Motioned by Lisa Dritschler, seconded by Karie Dalton to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:37 p.m.
Page 4 of 8
11. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in
the J. Haynes Survey, Abstract No. 623, Denton County, Texas, containing 15,000 acres of land, and being more generally
located at the northeast comer of US 388 and FM 1385. (A 2004-15, M. Taylor Hansel) (SJ)
Motioned by Ane Casady, seconded by Karie Dalton to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:38 p.m.
There was no discussion on this public hearing.
Motioned by Lisa Dritschler, seconded by Karie Dalton to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:38 p.m.
12. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of the following tracts of
land containing a total of approximately 2,141.41 acres of land as more specifically described below: (SJ)
a. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land
located in the A. Roberts Survey, Abstract No. 1115, Denton County, Texas, containing approximately 170.50 acres of
land, and being more generally located at the south side of Parvin Road, approximately 4,650 feet east of Goodhope
Road. (A 2004-16, Mahard {a)) (SJ)
b.. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land
located in the A. Roberts Survey, Abstract No. 1115; B.L. Rue Survey, Abstract No. 1113; L. Netherly Survey, Abstract
No. 962; T. Button Survey, Abstract No. 88; M.E.P. & P.R.R. Survey, Abstract No. 1476; and C. L. Smith Survey,
Abstract No. 1681, Denton, Texas, containing approximately 573.26 acres of land, and being more generally located at
the northwest corner of Fields road and US 380. (A 2004-17, Mahard (b)) (SJ)
c. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land
located in the B. L. Rue Survey, Abstract No. 1113; MEP & P.R.R. Survey, Abstract No. 1476; C. L. Smith Survey,
Abstract No. 1681; J.P. Bates Survey, Abstract No. 1620; and R. Yates Survey, Abstract No. 1538, Denton, Texas,
containing approximately 688.67 acres of land, and being more generally located at the southeast comer of Parvin
Road and Goodhope Road. (A 2004-18, Mahard {c)) (SJ)
d. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land
located in the J. Sailing Survey, Abstract No. 1675; P. Barnes Survey, Abstract No. 79; A. Jamison Survey, Abstract
No. 672; J. Morton Survey, Abstract No. 793; L. Rue Survey, Abstract No. 1110; P. Rue Survey, Abstract No. 1555; R.
Yates Survey, Abstract No. 1538; H. Sailing Survey, Abstract No. 1628; J. Teter Survey, Abstract No. 1262, Denton
County, Texas, containing approximately 488.64 acres of land and being more generally located at the northeast
corner of Gee Road and US 380. (A 2004-19, Mahard {d)) (SJ)
e. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land
located in the P. Barnes Survey, Abstract No. 79; B.R. Hodges Survey, Abstract No. 593; A. Jamison Survey, Abstract
No. 672; B. Weedon Survey, Abstract No. 1369; J. Morton Survey, Abstract No. 793; L. Rue Survey, Abstract No. 1110;
H. Sailing Survey, Abstract No. 1628, Denton County, Texas, containing approximately 220.34 acres of land and being
more generally located at the north side of US 380, 3,400 feet west of Gee Road. (A 2004-20, Mahard {e}) (SJ)
Motioned by Lisa Dritschler, seconded by Karie Dalton to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:42 p.m.
Rick Cowens spoke regarding this public hearing and he wanted to know what the estimated cost to the Town will be for the tax
abatements that are being offered. Doug Mousel stated that we are working on a number of the details regarding the annexation to
this property, and that if we do offer tax abatements to Mr. Mahard we will apprise the public of these details. Mr. Cowens said that
the Mahards are stating that Mayor Charles Niswanger offered them a ten year tax abatement for this property, or that is the rumor
on the street. Doug Mousel stated that this is still very preliminary and that no abatements are being offered right now.
Page 5 of 8
Mayor Charles Niswanger stated that he wants to set straight the issues regarding him offering anyone tax abatements. The ten
years was first mentioned back when there was another Mayor and another Town Administrator. He has had nothing to do with any
negotiations of tax abatements regarding this property to date.
Mayor Pro -Tem Michael Perry stated that the recent flurry of annexations came as the result of the local option election petitions,
and that this annexation issue was started years ago, and years ago an incentive to get the Mahards to even look at the property
was as a result of the discussion regarding tax abatements.
Mayor Pro -Tem Michael Perry pointed out that abatements go away if the land is sold to developers.
Motioned by Lisa Dritschler, seconded by Karie Dalton to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public 'hearing at 7:49 p.m.
CONTRACTS AND AGREEMENTS
13, Discuss and act upon a remediation agreement between the Town and Peachtree Construction, Ltd. regarding the
repair of C.R. 78 (East First Street) and authorize the Mayor to execute the same. (DM)
Mayor Pro -Tem Michael Perry asked what the original warranty of this road was when the Town entered into this agreement. Doug
Mousel stated that a one year agreement came with this warranty. Ane Casady asked if there was a better way this could be dealt
with in the future, and Doug Mousel stated that he hoped to shore up some of our agreements, but that this is fairly typical of an
agreement pertaining to roads. Lisa Dritschler asked if this would be a good road to test the sealing of streets to prolong the life of
streets, and Mayor Charles Niswanger stated that he believes you would do that on a street where there is a total rebuild being
done, not on one where there is patching being done.
Motioned by Lisa Dritschler, seconded by Ane Casady to approve the Town Administrator to negotiate an agreement between the
Town and Peachtree Construction regarding the remediation of CR 78. Motion approved 4-0.
14, Consider and act upon approval of a facilities joint use agreement between the Town and the Prosper Independent
School District regarding athletic fields to be constructed at the Prosper Elementary School site and adoption of a
resolution authorizing the Mayor to execute the same. (Mil)
Lisa Dritschler asked if it would be the Town's responsibility to maintain the bathrooms at this facility during the summer months.
Mitch Humble stated that he is not sure of the answer to that, but if this was something the Town added then this is something we
are responsible for.
Mayor Pro -Tem Michael Perry asked if it is normal for facilities which are jointly used by the Town and the School District to give
priority to the school, versus the PSA's or the Town. Mitch Humble stated that his understanding was that the school district
negotiated the use of the fields for U I L activities, as well as some others which are preferential.
Council is concerned that the Town appears to be paying for a large portion of this, while the School District is getting the primary
use of the fields. Collin County is funding this partially with a grant, while the Town is matching the grant funds. The Council wants
to see agreements such as these before they are presented to the School District and adopted by the School District.
Lisa Dritschler's concern is that the schools will get priority over the PSA's, when the PSA's and the Town are paying for the fields.
She feels there should at least be joint use of these fields.
The Town staff is more than happy to try and get the PISD to meet with Council and representatives of the parks board to discuss
this. Mitch Humble stated that he will invite the school district, representatives from the PSA's, and representatives of the Park and
Recreation committee to the next meeting.
Motioned by Ane Casady, seconded by Kane Dalton to table action on this item and readdress the issue with the school district,
representatives from the PSA's, and representatives of the Park and Recreation committee at the next meeting on March 23, 2004.
Motion approved 4-0.
Page 6 of 9
15. Consider and act on an inter -local agreement between the Prosper Economic Development Commission and the City
of Frisco for the provision of geographic information systems services and authorize the Economic Development Director
to execute the same. (MH)
Mayor Pro -Tem Michael Perry asked if we would own the fifes that are created if we enter into this agreement, and Planning
Director Mitch Humble stated yes, we would.
Lisa Dritschler wanted to know if there would be an opportunity in the agreement for a renewal so that we could have continuity in
our agreement and work. Mitch Humble stated that we could include an option to renew at the end of October 2004.
Mayor Pro -Tem Michael Perry thinks that this is an outstanding first step for this Town as we move forward with our growth.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to approve an inter -local agreement between the Prosper
Economic Development Commission and the City of Frisco for the provision of geographic information systems services and
authorize the Economic Development Director to execute the same, subject to the opportunity to renew the agreement at the end of
October 2004, and subject to approval by the City of Frisco. Motion approved 4.4.
DEPARTMENT ITEMS
16. Discuss and provide direction to staff regarding eligibility requirements for Town boards and committees. (SJ)
Lisa Dritschler recommended appointing a council person who is a go between for the board/committee and the council. Not
0 necessarily putting the council liaison on the board/committee, but making them available to the board/committee as a resource.
Lisa Dritschler also suggested that we put a maximum number of non-residents on the application requirements for the zoning
iscommittee so that we allow only that number of non-residents to be on the committee. Council approved of all the application and
requirements that were being proposed.
17. Presentation of a Racial Profiling report to the Council as required by law. (KM)
Chief McFarfin discussed the racial profiling report and stated that our reports basically show that we are non prejudicial in our
stops and are consistent with our census reports and our stops by way of age, race, and gender.
18. Discuss and provide direction to staff regarding the purchase of a new truck for the Public Works Department. (DM)
Based on the hiring of a new building official, the Town will need to purchase a new vehicle for use of inspections and public works.
Lisa Dritschler asked if there has been any thought given to buying a diesel truck. Mayor Charles Niswanger stated that you do not
want a diesel truck with the kind of work that the public works director will be doing. They are good for highway driving, but not
necessarily for off road application. Mitch Humble stated that budget would not possibly allow for a diesel. Mayor Pro -Tem
Michael Perry asked if we have given thought to leasing a vehicle versus purchasing. Doug Mousel stated that we are currently in
the process of getting bids for this truck, but that we can certainly look into the idea of a lease.
19. Review and discuss February 2004 Activity Reports for the following departments and committees:
• Administration
• Police Department
• Fire Department
• Planning Department
• Prosper E.D.C.
• Public Works
• Inspections
• Communications Committee
• Parks and Recreation Committee
Page 7 of 8
•
•
i
1
Lisa Dritschler asked that Doug Mousel add the TXU class action rate case to his report.
Mayor Pro -Tem Michael Perry stated he is concerned about throwing more money into the Crown Victoria car for the police
department, and asked if we had to keep doing that. Chief McFarlin stated that we won't be able to sink money into it anymore after
this year, and when we are finished with it we will strip it and it will go on the auction block, or we will donate it. Lisa Dritschler
asked if we could begin looking for grant money for cars like this, and Kirk McFarlin stated that the federal government just
announced their ability to release new grants, and he will begin looking into those.
20. Discuss recent and upcoming activities of the Mayor and Town Administrator. (DM)
Mayor Charles Niswanger and Town Administrator Doug Mousel gave general updates to the Council on their meetings.
21. Discuss and possibly direct Town Staff to place items on future agendas.
♦ Radean will soon be retiring, so the Town needs to look at who they will look at to be the next Tax Assessor Collector.
♦ Can an ordinance be passed to resign your seat if you are going to run for Mayor?
22. Adjourn.
Motioned by Ane Casady, seconded by Lisa Dritschler to adjourn. Meeting adjourned at 8:58 p.m.
Attest:
r
WSan(a!e Jennings own Secretary
Page 9 of 8
Charles ` wan ger or