05.13.2003 Town Council MinutesMinutes japproved_6/10/013)
Regular Meeting of the Prosper Town Council
601 S. Church Street
Prosper First Baptist Church Children's Building (South Wing)
Tuesday, May 13, 2003, 7:OOpm
_1 . Call to OrderlRoll Cgll.
Mayor Dunmire called the meeting to order at 7:03pm.
Council Members present: Mayor Jim Dunmire, Charles Niswanger, Michael Perry and Russell Kaker. Mayor Pro -
Tem Jeff Walker and Larry Tracey were not present.
Also present: Town Administrator Jennifer Finley, Director of Planning/EDC Doug Mousel and Town Secretary
Amber Phillips.
2. Invocation.
Prayer was given by Mayor Dunmire.
3. Ceremony to swear in newly elected Mayor and Town Council Members.
Mayor Dunmire commended Councilmen Larry Tracey and Jeff Walker for their years of service.
Mayor Dunmire read aloud the Statement of Elected Officer. The new Council Members each signed the Statement
of Elected Officer and submitted to the Town Secretary.
Mayor Dunmire swore in the following newly elected officials: Ane Casady, Place 1; Lisa Dritschler, Place 2; Charles
Niswanger, Mayor.
4. Presentation to Maygr Dunmire.
Mayor Niswanger and Town Administrator Jennifer Finley presented Mayor Dunmire with gifts of appreciation and
thanked him for many years of devoted service. Mayor Dunmire gratefully accepted the gifts and thanked everyone
for providing him the opportunity to serve on Council.
5. Act to appoint Council Member to Place 3_seat vacated by stew e e a or.
Mayor Niswanger recommended Council table the item to provide interested parties adequate time to come forward
and request consideration for appointment. Ane Casady suggested information be posted on the website regarding
the vacancy. She felt Council should provide at least 2 weeks notice. Mayor Niswanger felt 2 weeks would be too
long of a waiting period but agreed with posting on the website. He advised those interested should contact Jennifer
Finley and submit their qualifications in writing. Candidates would later be interviewed at the next available meeting.
Motioned by Lisa Dritschler and seconded by Russell Kaker to post the Place 3 Vacancy on the website and table
the Appointment until Tuesday, May 20, 2003, at 6:30pm, at which time Council will interview candidates. Ane
Casady opposed. Motion carried. Vote 3 to 1.
6. Act to elect Mayor Pro -Tem.
Mayor Niswanger explained the purpose and importance of the Mayor Pro -Tem position.
Russell Kaker nominated Michael Perry. Lisa Dritschler nominated Russell Kaker.
Mayor Niswanger called for a vote. Michael Perry and Russell Kaker voted in favor of Michael Perry for Mayor Pro -
Tem. Ane Casady and Lisa Dritschler voted in favor of Russell Kaker for Mayor Pro -Tern. The tie vote was broken
by Mayor Niswanger. Niswanger voted in favor of Michael Perry for Mayor Pro -Tem. Nomination carried. Vote 3-2
in favor of Michael Perry for Mayor Pro -Tem.
7. Apt on official bank e o i
Jennifer Finley recommended Council remain with the Prosper State Bank as the official bank depository. Presently,
there are no other options available in Town in regards to banks. The issue may be revisited at any time throughout
the year. Motioned by Russell Kaker and seconded by Lisa Dritschler to approve the Prosper State Bank as the
official bank depository of the Town. Motion carried. Vote 4 to 0.
Q. AgA on bank n t re car s_
Mayor Niswanger advised that Jennifer Finley, Amber Phillips and he were authorized signators on the Prosper State
Bank accounts. An additional signator would require Council authorization. Jennifer Finley explained the importance
of the signatory being readily accessible to the staff. For that reason, Mayor Niswanger recommended Russell Kaker
as an approved signator, as he works in Prosper. Motioned by Lisa Dritschler and seconded by Michael Perry to
designate Russell Kaker as an official signator on the Prosper State Bank accounts. Motion carried. Vote 4 to 0.
CONSENT AGENDA
9. Approval of 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.)
a. Approve Minutes.
b. Approve Bills.
c. Approve Radean Herron, Tax A/C Report.
d. Approve Financial Statements Ending I",I iI .iii, LVVJ.
e. Approve Interlocal Agreement between the North Texas Tollway Authority (NTTA), Collin County and the
Town of Prosper.
Motioned by Ane Casady and seconded by Lisa Dritschler to remove "Item e" from the Consent Agenda. Motion
carried. Vote 4 to 0.
Motioned by Michael Perry and seconded by Lisa Dritschler to approve all items remaining on the Consent Agenda.
Motion carried. Vote 4 to 0.
COM MENTa FROM-CLTIZEN
1Q. The Town Cgyn ii invites citizens to speak an any tQpig not ort the agenda or not already scheduled
f rPu
Mayor Niswanger opened the floor for comments from citizens.
Councilman Kaker read aloud a statement which responded to accusations made toward Council Members
throughout the election. Rick Cowens, 835 Creekview Drive, requested the statement be included as part of the
official minutes. Councilman Kaker agreed to have his statement included as part of the official minutes, and Mayor
Niswanger directed the Town Secretary as such. The statement read as follows:
Small Town Politics
In the heat of political races, a lot of accusations and untrue statements are made.
fen the f publicly of t "^d stat i haa�' du ', e F 1-c" n
I I t. need o p...,.,c.y add!ess some o ., ,..,cusa ORS Ll, elmants car u ring . ,c recel;l arcuuurr-W� c'rci'r
Nnnu?g.for gZfficpll
A lack of concern for the Town by the current Council
A lack of being prepared for meetings — t totally disagree. Our j+,r;,3dl� nstaff provides us with packets filled with
information regarding agenda items to insure that we will be prepared. In the event we are "unprepared", it is due to last
minute changes in documents or that are out of the control of staff or Council.
"changing of policies" was the one that upset me the most.
f believe t can honestly say that NO current Council member has EVER taken anything from a developer or contractor.
Such statements are preposterous. They are direct shots at us and our families —direct blows at our integrity.
if there is ever o%: k1p{1rsr that any Council member has actually accepted money from developers, the proper authorities
should be contacted. if no evidence exists, i feel that a public apology would be appropriate.
The current Council puts in a lot of time with the Town. It fakes away from our jobs, our personal lives and more importantly our family
lives. We do it because we love and care for this Town. We make countless sacrifices, of time and $$$$, for our positions on Council
and in return take a great deal of criticism from citizens. As a public servant, t understand that the criticism comes along with the job,
but more often than not the criticism is a result of people not actually knowing the entire truth. Judgments are often based on rumor and
speculation vs fact.
REGULAR AGENDA
11. Presentation of Service Plan and FIRST PUBLIC HEARING t9 consider the voluntaryannexation of
Go -Crete, a2groximatelly 10,15 acre,5 !2f land c to 1he Collin Cognty 5!;hool Lgnd Survey, b tr No.
147, and being rrtore generally located on t g west side of CR27 north of USL80
Mayor Niswanger opened the public hearing at 7:40pm and invited all parties to speak on the topic. No comments
made. Mayor Niswanger closed the public hearing at 7:41 pm.
12. Considgr and act ypon the final plat and 02 plan f r the First Sat Bank of Celina Addition lock A
Lgt 1 one lot oin 19 acrg$.morl or less, or] the east sidgf Preston Road, ai2proximately 670 feet south of
CR81-[East ros en r_Tr�l
Doug Mousel addressed Council and recommended Council approval of the final plat subject to: modification of the
engineering plans as directed by the Town's consulting engineer and modification of the site plan and engineering
pians to show the construction of sidewalks along Preston Road and CR77 (Hays Road). He also recommended
approval of the site plan subject to: staff approval of landscape plans and staff approval of a facade plan.
Ted Gilbert, representative for the Celina State Bank, explained that the preliminary plat was approved in January
subject to approval by the Texas Department of Transportation (1 XDQT) and acquisition of a septic permit. At that
time, Mr. Gilbert was unaware of any issues surrounding sidewaf .s.
Doug gave explanation regarding the preliminary plat review and approval process. He felt that Travis Roberts'
preliminary plat recommendation letter provided authority to reqs re the sidewalks. Doug explained the importance of
sidewalks in commercial areas.
Council discussed issues surrounding landscaping and the narrc iv triangular portion of the property that would be
used for such features as a historical marker, hike trails, etc. Te i Gilbert advised that they planned to use native
Texas grass and possibly erect a historical monument of some' rpe in that area. He also presented a sketch of
potential artwork that could be displayed in that area, He estim ted approximately 60 -days before they receive a
price estimate regarding some of this work. He explained that l,inding could be an issue in regards to what they
would be capable of doing. He advised that worst case scenar a would be to begin with prairie grass and a chipped
granite sidewalk with the promise to Council that they would re am at a later date and make further improvements.
Michael Perry recommended the Bank further their discussion; with the Parks & Recreation Committee in regards to
the narrow triangular portion of the property. Mr, Gilbert agree I.
Mr. Gilbert described the exterior of the bank building as 3,70( sq. ft. made of natural limestone and veneer with
porches outlining the entire building. Doug felt more converse .ion was needed between the architect and the
planning department regarding the brick requirements set fort . in the corridor ordinance, it would possibly require a
variance. He further explained that rather than a variance, Q uncil might possibly consider changing the masonry
requirements set forth in the ordinance.
Motioned by Michael Perry and seconded by Lisa Dritschler t ) approve the final plat and site plan for the First State
Bank of Celina subject to Staff Recommendation regarding the following:
Final Plat: Modification of the engineering plans as directed by the Town's consulting engineer;
and, modification of the site plan and engineering plans to show the construction of
sidewalks along Preston Road and CR77 (Hays Road).
Site Plan: Staff approval of landscape plans;
and, Staff approval of a facade plan_
Motion carried. Vote 4 to 0.
13. Qi - uss an-d.gossiblyto direct Town Stift to pregare an ordinAnce to call an lection
rgardina the use of Section 4A and Section_413 Economic Devel2omg t Sales Tax.
Doug Mousel, Planning/EDC Director, presented a brief background of the situation and the options available to
Council. He advised that the EDC had not taken formai action, but the general consensus was to remain 4A for the
time being. 4B sales tax is primarily for more recreational type uses. 4A sales tax is used more primarily for
infrastructure and economic development.
Judy Rucker, EDC Facilitator, presented Council and explained that the EDC felt best to remain 4A for the time being
because they needed an opportunity to bring about more businesses and jobs. In turn, the businesses and jobs
would generate more sales tax which could later be used to help fund the recreational type projects. In the
meantime, recreational projects could be funded through park fees and grants. The EDC may also fund such
projects; however, it would require a special election for approval.
Michael Perry felt that having both 4A and 4B entities would provide more flexibility to do a wider array of projects.
Lisa Dritschier agreed that parks were very important, but economic development should be on the forefront. The
EDC would need to retain their entire portion of the sales tax if they wanted to accumulate enough funds to attract
-more-business. -Sally Holmburg, 1-506-Riverhill-Drive, supported Lisa's comment.
Mayor Niswanger also agreed. He felt that the EDC should be given ample time to bring in two or three good
businesses. After such time, then they would be positioned to fund parks & recreation projects.
Former Mayor Jim Dunmire asked Council to consider other options for park projects.
Doug recommended infrastructure improvements as Council's first priority.
Motioned by Ane Casady and seconded by Russell Kaker to remain 4A in regards to Economic Development Sales
Tax. Michael Perry opposed. Motion carried. Vote 3 to 1.
DEPARTMENT ITEMS
14. Discuss and taossibly act on construction of new central fire station_
Circ Chief Tanker w +. ♦ h1...Jisc discussion. 1.10 P 't
t.__
uv iic, Ronnie Tucker was iiv� present. �•v �aia�.uaat3n. tvv aCii�n ian�ttt.
15. Presentation by Parks & Recreation Committee on nomination of two Park Board Mambers and
Alternate Park Board Mernber to vacated seats.
Darin Riggs presented the following nominations and qualifications for each: Harold Patin, Bill Miller, Deion Sanders,
Sam Geiger, Mark Cross, Jim Zollar, Don Willy, Mike Kleber and Corky Underwood.
Darin advised that the Committee recommended Council appoint Harold Patin and Bill Miller to fill the vacated seats
and nominate Delon Sanders to fill the alternate position.
15. Act to appoint two Park Board Members and Alternate Park Board Ml _nber to vacated seats.
Motioned by Lisa Dritschler and seconded by Ane Casady to appoint Harold Patin and Bill Miller to the Parks &
Recreation Committee and to appoint Deion Sanders as the alternate. Motion carried. Vote 4 to 0.
17. Swear in newer anointed Park Board Members.
Town Secretary Amber Phillips swore in Harold Patin and Bill Miller to their newly appointed positions.
•18. Town Administrator overview of Committee/Department Reports presented in previous work session.
Jennifer Finley presented the Council. She commended Amy Lightfoot on her recent Court Clerk Level 1 Certification
and her recently acquired Associates of Business Administration degree. Jennifer also reminded Council that the
Police Department's 2nd Anniversary Luncheon had been rescheduled from Saturday, May 17, 2003, to Sunday, May
18, 2003. Advertisements would be posted throughout the Town.
19. Adiourn.
Mayor Niswanger adjourned the meeting at 8:41 pm.
xil*l I 'O''T
To
n Secre ary Amber Phillips
Mayor Chad Iswan 67,