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06.10.2003 Town Council MinutesMinutes japproved 7/08/"3 Regular Meeting of the Prosper Town Council 601 S. Church Street Prosper First Baptist Church Children's Building (South Wing) Tuesday, June 10, 2003, 7.00pm 1. Call to OrderlRoll Call, Mayor Niswanger called the meeting to order at 7:OOpm. Council Members present: Mayor Charles Niswanger, Mayor Pro -Tem Michael Perry, Lisa Dritschler, Karie Dalton and Russell Kaker. Ane Casady arrived at 7:59pm. Also present: Town Administrator Jennifer Finley, Town Engineer Travis Roberts and Town Secretary Amber Phillips. 2, Invocation_ No invocation was given. CONSENT AGIENDA 3. Api2roval of Consent Agenda. a. Approve Minutes. b. Approve Bills. C. Approve Radean Herron, Tax A/C Report. d. Approve Financial Statements Ending April 30, 2003. e. Approve proposal from North Texas Municipal Water District (NTMWD) for sludge dewatering services. Jennifer Finley recommended approval of consent items. Motioned by Michael Perry and seconded by Lisa Dritschler to approve all items on the Consent Agenda. Motion carried. Vote 4 to 0. COMMENTS FROM CITIZENS 4. The Town Council invites citizens to s eak to the Council on any topic not on the actencla or not already scheduled for Public Hearing. Mayor Niswanger explained that Council now required citizens complete forms and submit to the Town Secretary prior to speaking during the "Comments from Citizens" portion of the meeting. Forms would be available near the entrance of the meeting room. The purpose of the new procedure was to provide a more efficient means of record keeping_ No formal action taken. No comments from citizens. REGULAR AGENDA 5.Act to adopt Ordinance No. 03-46, voluntarily annexing approximately `10.15 acres of land located in the Collin County School Land Survey, Abstract No. 147 beinci more cienerally iocated on the west site of CR27 north of US380 (Go -Crete). Motioned by Michael Perry and cennnriari by Pi icceli Kaker to nrinrnt Qrdinnni-a Nn n3-dF annexing rn-rra n intn, tF e town limits of the Town of Prosper. Motion carried. Vote 4 to 0. 5. Consider and possibly act to approve the second amendment to the Town's 20022003 Fiscal Budget. Mayor Niswanger advised that Council held a workshop on May 27"' for the purpose of amending the budget to reflect . lagging revenues. Motioned by Lisa Dritschler and seconded by Karie Dalton to approve the second amendment to the Town's 2002-03 Fiscal Budget. Motion carried. Vote 4 to 0. 7. Discuss and possibly act to approve an organizational chart establishing a formalized chain of comm nd within the Town Government. Jennifer Finley presented Council with two organizational charts for consideration. She recommended Council adopt Option 91 in which all staff would report directly to the Town Administrator. She explained that most cities operate according to this type of organizational chart. Option #2 varied from Option #1, as it directed the Fire and Police Chiefs to report directly to the Mayor and Council. .R U6'.Lo Michael Perry favored Option #1; however, Option #1 positioned the Boards & Commissions above the Town Administrator with which he disagreed_ He felt that the Boards & Commissions should report to the Town Administrator. Lisa Dritschler recommended raising the Town Administrator to the same level as the Town Attorney and Municipal Judge and lowering the Boards & Commissions under the Town Administrator for reporting purposes. Motioned by Russell Kaker and seconded by Lisa Dritschler to approve the organizational chart labeled Option #1, establishing a formalized chain of command within the Town Government, subject to raising the Town Administrator to the same level as the Town Attorney and Municipal Judge and lowering the Boards & Commissions under the control of the Town Administrator. Motion carried. Vote 4 to 0. 8 Discuss potential future of the Town's grooertu totaled on the corner of Pre tan Road nd Hickory Creek Drive. Mayor Niswanger stated that the discussion item referred to the 2-1/2 acres donated to the Town by John Christie. He felt the Town could make better use of the funds brought in from selling the land rather than holding the land for future use. In the past, the Town faced opposition when proposing municipal facilities on that property. He felt that the property would be better used for residential purposes. Mayor Niswanger recommended Council consider a sealed bid process for selling the property. Before doing such, they would need to get appraisals to determine the estimated value of the lard. Michael Perry questioned whether Council would be required to accept the high bid if it met the minimum bid requirement because he wanted to ensure that they maintain their options. Jennifer explained that they would not be required to accept it. Council agreed to proceed by researching the cost of an appraisal. They directed Jennifer to begin contacting various realtors in the area regarding informal opinions. No formal action taken. 9. Act to award bids f r 12 -inch Proton Road water line and modLilar numo station, Town Engineer Travis Roberts addressed Council with recommendation for bids on two projects. Project,"A" was the construction of a 12" water line from US380 to CR78, and Project "B" was for a modular pump station on CR78. The completion of the projects would be necessary for bringing surface water to Prosper. The low bid for Project "A" was Wilson Contractors Services, LLC, in the amount of $413,400.01. The low bid for project "B" was Triple D Construction in the amount of $165,600.00. Dickerson Construction had the second low bid on both projects. Mr, Roberts presented the comparative time schedules on both projects which showed Dickerson projecting completion dates much earlier than that of the lowest bidder(s). Travis recommended Council accept the low bid on both projects, He explained that Triple D Construction had indicated that they would be willing to sign a 60 -day change order, free of charge, to complete Project "B" sooner than estimated if the time schedule; was of concern to Council. Weldon Wilson, Wilson Contractors, LLC, stated that he anticipated no delays in their estimated completion for Project "A". Travis advised that neither of the projects would be considered "throw -away". The Town will be able to use the infrastructure in different capacities in the future. The modular pump station was designed so that it could be pulled out of the ground and moved if necessary at some point in the future. Jennifer explained that the projects could be funded entirely through reserve funds (carry-over); however, there should be 2001 Bond funds available after the new fire station budget is finalized. The remaining 2001 Bond funds will pay for a portion of these projects so as not to deplete the reserve funds. Motioned by Lisa Dritschler and seconded by Karie Dalton to award bids for Project "A", Preston Road Water Line"from US380 to CR78, to Wilson Contractors Services, LLC, in the amount of $413,400.01; and Project "B", CR 78 Modular Pump Station, to Triple D Construction in the amount of $165,600.00, contingent upon a change order for a 60 day time reduction by Triple D Construction. Motion carried. Vote 4 to 0. 10. Discuss d possiE t upon diu n water ills for the-q!2nde Creek Subdivisions. s e ific ll relating to irricrativn meters along CFt122 aridd CR80 Jennifer Finley advised that Item #10 had been thoroughly discussed in the previous workshop. David Whitsett, Gentle Creek developer, previously submitted a written request for Council to reduce water charges of $14,119.00 by 50%. Public Works Director Bill Little had not been present in the previous workshop and briefed Council on his understanding of the situation. He explained that he and other staff had investigated the situation. He felt the valves had been 2 inadvertently opened by landscapers. This would mean that it was most likely the fault of the subdivision and not the Town or its employees; however, he noted that his opinion was only speculative. Jennifer explained that the Town would not lose money even if a 50% adjustment were granted. Motioned by Russell Kaker and seconded by Michael Perry to give a 50% adjustment to the Gentle Creek Subdivision, specifically relating to irrigation meters along CR122 and CR80. Motion carried. Vote 4 to 0. I i.a. Consider and possibly act to adopt Ordinance No. 03-47iA), electincr to have the Railroaci_Commission of Texas exercise ori-ginal iurisdiction over etas utility rates, operations, and services within the incorporated lit -nits of the Town of Prosper concerning the TXU Gas Company statement of intent filet! on May 23, 2003. 11.1b. Consider and possibly act to adopt Ordinance_N�o.03-47(8),denving TXU Gas Company's request to anc#e rates in the Town of Prosper, as a part of the company'A statewide gas utility systern and -providing a requirement for a prompt reimbursement of costs incurred by the Town. Ane Casady arrived at 7:59pm. Motioned by Lisa Dritschler and seconded by Karie Dalton to table Item # 11 a. and 11.b. until Tuesday, June 17, 2003, for recommendation by the Town Attorney. Motion carried. Vote 5 to 0. DEPARTMENT ITEMS 12. Discuss and possibly act on construction of new central fire sta_tfon,_ No discussion. Motioned by Russell Kaker and seconded by Lisa Dritschler to table Item #12. Motion carried. Vote 5 to 0. 13, Adjourn. Mayor Niswanger adjourned the meeting at 8:11 pm Attes `own Secretary Amber Philllps< r ayor3 es Nis e e