Loading...
03.11.2003 Town Council MinutesMinutes (approvred 0 4108103) Regular Meeting of the Prosper Town Council 601 S. Church Street Prosper First Baptist Church Children's Building (South Wing) Tuesday, March 11, 2003, 7.00pm 1. Call -t Ord r/R ll ill. Mayor Dunmire called the meeting to order. Councilmen present: Mayor Jim Dunmire, Larry Tracey, Michael Perry, Charles Niswanger and Russell Kaker. Mayor Pro -Tem Jeff Walker was not present. Also present: Town Administrator Jennifer Finley, Town Engineer Travis Roberts and Town Secretary Amber Phillips. 2. Invocation. Prayer was given by Mayor Dunmire. CONSENT AGENDA 3. Approval o€ Cransent Acienda, (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.) a. Approve Minutes. b. Approve Bills. C. Approve Radean Herron, Tax AiC Report. d. Approve Financial Statements Ending January 31, 2003. e. Adopt Resolution No. 03-06� supporting the passage of enabling legislation for broadband deployment throughout Texas in the 78 Legislature; and providing for an effective date. Motioned by Michael Perry and seconded by Larry Tracey to approve all items on the Consent Agenda. Motion carried. Vote 4 to 0. COMMENTS FROM CITIZENS 4. The Town CounCif invites ci ixen i ageak gn any topicn r i H rain. Rick Cowens, 635 Creekview Drive, thanked Jennifer Finley for her assistance with the issue surrounding the electric bill for street lighting in his HOA (Stone Creek Estates) and requested Council direction regarding the same. Mayor Dunmire explained the issue that Mr. Cowens was referring to and stated that according to the Subdivision Ordinance, the electric bills for street lighting throughout developments were to be turned over to the Town one (1) year after installation of the lights. Mr. Cowens understood that these costs were not budgeted and felt it might be better for the Town if they wait until the next budget period to begin incurring these costs. Council agreed. No formal action taken. REGULAR AGENDA 5. PUBLIC HEARING n r adoption fr i n n_qQr0inancq N% 02-33. ComarehensiM F Ie, and more agr&ifigally settingforth h i im in lieu gf land for aackdgdIcatign requirements. Mayor Dunmire opened the public hearing at 7:14pm. Jennifer Finley briefed Council on the proposed amendment to the Comprehensive Fee Schedule. She explained that the change was a result of the newly amended Subdivision Ordinance which required the Fee Schedule reflect park land dedication of $30,000/acre OR the appraised value (the greater of the two). Councilman Perry felt the new language was confusing and asked that it be changed for clarity. Jennifer recommended the language on Page 6 be changed to reflect the fallowing: "Under Section 13 of the Subdivision Ordinance, the Park Fee will be the greater of $30.000 per acre or the appraised value of the property.' Mayor Dunmire closed the public hearing at 7:17pm. No formal action taken. 6. Act t i n No. 03-07, am!Rnding Qrdinang2N r 2opcocally §gttingc h Motioned by Michael Perry anct seconded by Lany Tracey to adopt Ordinance No. 03-47 subject to the fallowing language change to Page 6: "Under Section 13 of the Subdivision Ordinance, the Parte Fee is the greater of '$30,000 or the appraised value". Motion carried. Vote 4 to 0. 7. PUPLICi r jhq_propoged ygluntaly annexatlQu of both the Eastern and Iftstern 12ortlong oauaf r r lggg. beingNV Pr r IIin County, T more generally_12cated alona thg n Mayor Dunmire opened the public hearing at 7:18pm. Tom Clark, applicant representative, advised Council of his intent to rezone the property for the purpose of a Planned Development (PD) after completion of the annexation. Rick Cowens, 635 Creekview Drive, questioned whether the Town would be required to supply waterlsewer to the development within one (1) year of annexation. Travis Roberts explained the one (1) year requirement was for involuntary annexation. Tom Clark requested voluntary annexation; therefore the requirement was for supplying water/sewer 2-112 years after annexation. Mayor Dunmire closed the public hearing at 7:24pm. r�-�i {a�.�. i.+�+,.+�1�,`,�#]�����•ti����'j�l.1.Z�I!lollilil►111YvNY�.wJC•IIiR=U['!R•I=1!'�AFI�.l�ill+li4^Sslli�4E 44:ian�-rea•s•i•.e•.•g• . rr. s. ii �� • lr i • • ry i• j r i !t •S ■= .:• .1! iJi,i1J by Michael Perry and seconded by Charles Niswanger to accept the Rezoning Application presented by Thomas E. Clark and set a public hearing for April 8, 2003. Motion carried. Vote 4 to 0. 9. Agt to certify rgason:sfor denial of the Pr 'n PI k ajqipro�jmately 107 acLU ofi located between US3§0 anj Eisht[ag1 f EM1385 within the Extraterriitarial Jurisdictlon [ETJ) of the Town of Prosaer. Motioned by Larry Tracey and seconded by Russell Kaker to certify the following reasons for the denial of the Preliminary Plat for Glenbrook Estates in accordance with Section 212.009(e), Local Goverment Code: 1.) the Preliminary Plat fails to identify utility easements; 2.) the Preliminary Plat fails to reflect the future alignment of adjacent streets on FM1385; 3.) the Preliminary Plat fails to reflect the location of the Town corporate limits; 4.) the Preliminary Plat fails to include an erosion control plan; 5.) the Preliminary Plat fails to identify the street right-of-way width for each street; 6.) the Preliminary Plat fails to show a flood study to reflect urbanized development; 7.) the Preliminary Plat fails to show a finished floor elevation for each lot adjacent to a 100 -year stream flow; 8.) and, any other reason set forth in Travis Roberts' letter of February 10, 2003, to Jennifer Finley. Motion carried. Vote 4 to 0. 10. r` rr the placement in at the locatioa of 389 CR27. Proscer.Tx wilhiLl the TQM's gxtrate"Itorial Jurisdiction (ETJ). Mayor Dunmire explained that he met with applicant Nathan Brown and applicant representative Kirk Williams on March 4, 2003, for an appeal hearing surrounding the Building Inspector's denial for billboard sign permits. Mayor Dunmire upheld the Building Inspector's denial in accordance with the Town's Sign Ordinance but advised that it required Council certification,. Kirit Williams, 5400 Renaissance Town, presented Council with a document entitled "Appeal of Nathan Brown to Town Council, Prosper, Texas —Pursuant to Section 27-01 of Ordinance No. 02-25". The document included various letters written in regards to the issue, copies of application permits, sign permits issued by TXDOT, etc. His belief was that his client complied with the Town's sign regulations, and he presented various case law supporting his belief. Mayor Dunmire explained why he upheld the denial and the reason that he disagreed with Mr„ Williams' opinion. Mr. Williams stated that the agenda item was posted before the Mayor heard the appeal. Mayor Dunmire clarified and stated that the agonda was not posted until March 7, 2003, and the hearing was on March 4, 2003. He explained that he had requested the staff be prepared to post the item on the March 7"' Agenda to "certify the Mayor's decision to deny OR approve....". Motioned by Larry Tracey and seconded by Russell Kaker to certify Mayor Dunmire's decision to deny a request for a variance from Ordinance No. 02-25 for the placement of a billboard type sign at the location of 389 CR27, Prosper, Texas. Michael Perry abstained. Motion carried. Vote 3 to 0. DEPARTMENT ITEMS 11. Tsa4in Admintstratorgygrvigwpf m i RgpgaA Urg5entedv' r Jennifer Finley highlighted the written Committee/Department Reports presented to Council in packets. Police Department - 69 citations were written for the month of February; the average speeding ticket written was 18.2mph over the speed limit; the 2 new hires will continue monitored training for the next 6 -weeks; planning for the 2003 National Night Out Campaign will soon begin. Jennifer stated that the Racial Profile Report will be formally presented at the February 18, 2003 Meeting. Jennifer stated that the Police Forum saw a very poor turnout with only 5 citizens in attendance. Michael Perry publicly commended the manner in which the department addressed the citizens' concerns. Mayor Dunmire requested the Police Department compile a list of frequently asked quesbons/con cams, address the questions/concems and post them on the websiteAnclude in the community newslettertinclude in a newspaper article. Mr. Perry also commended the Fire Department's strong public support of the Police Department. Fire Department - 27 calls received for the month of February; 15 calls were EMS related; EMS calls were received throughout various times of the day; response times were very short. Jennifer stated that Ronnie Tucker would include the number of Celina calls in next month's report. Economic Development Committee — 4A/4B issues are being addressed; 2n° Chamber of Commerce Meeting was held on March 10, 2003; the next Chamber Meeting is planned for April; the next EDC Meeting will be held March 27, 2003. Jennifer Finley thanked Sally Holmberg for her dedicated work as a volunteer. Parks & Recreation Committee — Jennifer addressed the progress and completion of the various projects included in the Committee Report. No formal action taken. 12. Recess into Executive Session in comDlial)rQ !U1th Sec1lon 551,001 CL seo.. Texas Government -Code, to wit: a. Section 551.074, Deliberate the employment and/or duties of Bill Little, Building Inspector/Code Enforcer. b. Section 551.074, Deliberate the employment and/or duties of Director of Public Works position. Mayor Dunmire recessed into Executive Session at 8:03pm and adjourned back into Regular Session at 8:23pm. 13, Rer,2nyn Into far SessioI2 19 S',211sidera Motioned by Russell Kaker and seconded by Lary Tracey to authorize Jennifer Finley to fill the Director of Public Works position. Motion carried. Vote 3 to 0. Mayor Dunmire stated that the position would be filled by promoting a current Town Staff Member and would not affect the budget. 14. Adlourn, Mayor Dunmire adjourned the meeting at 8:24pm. Attest: } Tow6 Secretary Amber Phillips ei May r Jim Dunmire