07.08.2003 Town Council MinutesMinutes (approved 8112/03)
Regular Meeting of the Prosper Town Council
801 South Church Street
Prosper First Baptist Church Children's Building (South Wing)
Tuesday, July 8, 7:00pm
1. Call to Order 1 Roll Call.
Mayor Niswanger called the meeting to order at 7:00pm.
Council Members present: Mayor Charles Niswanger, Mayor Pro -Tem Michael Perry, Ane Casady, Lisa Dritschler, Karie Dalton
and Russell Kaker.
Also present: Town Administrator Jennifer Finley, Planning/EDC Director Doug Mousel and Town Administrator Amber Phillips.
CONSENT AGENDA
2. Approval of Consent Agenda
a. Approve the following minutes:
• June 10, 2003 Budget Work Session
• June 10, 2003 Regular Work Session
• June 10, 2003 Regular Meeting
• June 17, 2003 Regular Meeting for Planning, Zoning and Development Issues
• June 18, 2003 Budget Work Session
• June 19, 2003 Budget Work Session
June 19, 2003 Special Joint Meeting +with the Economic Development Committee
June 24, 2003 Special Called Meeting
b. Approve Bills.
C. Approve Radean Herron, Tax A/C Report.
d. Approve Financial Statements Ending May 31, 2003.
e, Approve Ordinance No. 03-49, establishing a "Municipal Court Security Fund".
f. Approve Resolution No. 03-50, registering the Town's opposition to the creation of Collin County Municipal
District No. 1, and the need for a public headn,.j to deliberate the matter.
Motioned by Russell Kaker and seconded by Lisa Dritschler to _.,'prove the Consent Agenda, subject to amending the June 10,
2003 Meeting Minutes to reflect Ane Casady's arrival time as 8:09pm rather than 7:59pm. Motion carried. Vote 5 to 0.
COMMENTS FROM CITIZENS
3. The Town Council invites citizens to speak to the Council on any topic not on the agenda or not already scheduled for
Public Hearing.
Larry Tracey, 1219 Chandler Circle, presented Council regarding the recent press on Municipal Utility Districts (MUD's), He
advised that Joe Jaynes, County Commissioner, had been speaking out on the critical nature of MUD's in Collin County and
urged all citizens to voice their concerns. He explained that all residents of Collin County would be affected by the MUD's, not
just the School District and Town.
Wayne Bernstein, School Board Member, advised citizens they could express concerns to Mr, Jaynes' via e-mail,
iaynesPct30,aoI.conn, or visit his website at www. oe a res.co i to learn more about MUD's. He explained that the MUD's and
other high-density developments in other cities but within the Prosper School District would be the main stress on Prosper
schools, In the next three years, they estimated the school district to quintuple.
Mayor Niswanger stated a resolution had been approved as part of the Consent Agenda which registered the Town's opposition
to the formation of the MUD. He felt that every city in Collin County would adopt the resolution, He hoped to hold a forum within
the next 60 days to educate the public on MUD's and tools that could be used to fight them. One of the best tools for fighting
MUD's is the annexation of land; however, because of the Town's population, the only means of annexation available to the Town
is through voluntary annexation by property owners. Without annexation, there is no guarantee for winning the battle against
MUD's. He advised that he had been in communication with Celina officials regarding the "MUD -buster" attorneys.
Jeff Burandt, 1540 Gentle Way, advised of the parents concerned about the potential impact that the MUD's would have on the
school district and asked what could be done to avoid a sudden influx in schools due to other high-density developments planned
in addition to the MUD's. He understood Prosper had been committed to keeping out extremely high-density developments, but
surrounding cities within Prosper's School District were planning several high density developments which would only add to the
impact of the MUD's, Mayor Niswanger explained that the Town Council had absolutely no control over developments in other
cities.
Jennifer Finley explained that much of the problem with MUD's was a lack of control over areas outside of cities' ETJ's.
For the record, Mayor Niswanger stated that he did not believe there was "a single thing good about a MUD district in our
community". He felt they were bad for the Town, the County, the School and the community as a whole. As Mayor, he advised
that he was in favor of joining the fight against MUD's. He encouraged the citizens to put pressure on Town, County and State
officials to join the fight.
Jeff Toney, 1300 Winding Creek, questioned whether Council had appropriated any money to fight the cause. Mayor Niswanger
advised that they had not yet appropriated funds. Mr. Toney encouraged Council to do so and advised that he would be willing to
provide any encouragement needed.
Tom Slantz, audience -member address unknown, asked if Council had requested help from developers within the community.
The Mayor felt that developers would be willing to help.
Wayne Bernstein asked if the entire Council supported the fight against MUD's. Council agreed that they were all adamantly
opposed and supported opposition to MUD's.
REGULAR AGENDA
4. Consider and act to adopt Ordinance No. 03.51 repealing Ordinance No. 82-4 and providing for the regulation. and
abatement of weeds, rubbish, brush and other obiectionable, unsightly, or unsanitary matter androp vidin_g for the
assessment and collection of expenses For work done or Improvements made by the Town.
Doug Mousel explained that the proposed Ordinance would enhance and clarify the definitions of unsightly and unsanitary matter
and ULII,CI lllllllgl ICI111s, 111 aL -I11U11, 11 Wu)u u L....... tllk_: !!!d!fI!w!! i111:L m;g1U!t.!I111 mb f1f C7R�I1PR11 11Wf7PfC �� IfI�I�I�P areas
_.r _. .� .r _.._. �....�_� r. r�..3 ..
between properties and the curb or edge of an adjacent street or alley. If an alley were unimproved, a property owner would be
required to maintain the vegetation to the center of the unimproved alley. The Town would exhaust a tremendous amount of time
and expense if required to undertake the maintenance responsibility of these areas. A majority of cities, such as Plano and
Carrollton, require the same.
The proposed Ordinance would also establish procedure for the Town to abate violations of the Ordinance, including the manner
in which the Town would notify the property owner of a violation. It would also establish procedure for the Town to complete work
necessary to abate the violation if the owner failed or refused to do so. All of the regulations set forth in the Ordinance were
consistent with the State of Texas Health and Safety Code which empowers municipalities with such regulatory powers.
Ane Casady referenced a letter sent to Council by Ray Lawrence, 1217 Chandler Circle, which questioned the Ordinance. Ms.
Casady requested all of Mr, Lawrence's questions be answered. Mayor Niswanger offered to meet Mr. Lawrence personally and
answer any questions. Ms. Casady advised that she wanted the questions answered at that moment.
Lisa Dritschler felt that it appeared Mr. Lawrence may have been confused in his interpretation of the Ordinance.
Ane Casady asked about one of Mr. Lawrence's questions which related to "personal liability". Mr. Mouses advised that the Town
Attomey prepared the Ordinance and no concerns were raised regarding liability. The Ordinance contained the standard
language adopted by most cities for this type of regulation. Mr. Mousel felt unable to answer the other questions raised in the
leiter because the authors questions were very unclear,
Ci
Ane Casady requested the "letter" be included as part of the official meeting records. Amber Phillips agreed to include it as such.
Jeff Burandt, 1540 Gentle Way, questioned the section of the proposed Ordinance related to the Town's ability to abate, without
notification, weeds that have grown higher than 48 -inches. Mr. Mousel advised that the initial draft of the Ordinance did not
include "48 -inches", but the Town Attorney recommended addition of such language as in accordance with State Law.
Janet Phillips, 1223 Chandler Circle, asked for a definition of maintenance as related to drainage easements because she did not
understand how it defined maintenance in regards to making the water flow adequately. The Mayor explained that drainage is the
Town's responsibility. Ms. Phillips requested the definition of maintenance be "tightened.
Janet Phillips also questioned homes that back up to major thoroughfares. Mr. Mouse] explained that it could be appropriate to
add provisions for homes that back up to major thoroughfares. The intent is not to require property owners to go beyond fences,
berms; etc.
Larry Tracey, 1219 Chandler Circle, stated for the record that the Raewood property owners are not responsible for the easement
between their homes and Prosper Trail. He asked that this specific clarification be made for Raewood residents.
Mousel agreed to try and craft language that would cover these types of situations. He explained that the provisions in the
proposed ordinance were typical and time tested, but if others had concerns, such as these, he would be willing to listen.
Jennifer Finley recommended tabling the item and directing Staff to compile a list of property types that will/will not be maintained.
Michael Perry requested clarification be added to the ordinance regarding situations in which different zoned properties abut each
other.
Motioned by Lisa Dritschler and seconded by Ane Casady to table approval of the Ordinance until such time Staff provides
clarifications. Motion carried. Vote 5 to 0.
5. Consider and possibly act to waive any claims of a conflict In interest in the' own Attorney's rendering of an opinion
to the Town and the Prosper Independent School District regarding the Town's.: �elation of the Prosper_ Independent
School District.
Doug Mousel explained that at the June 2nd Joint Work Session with the School Board, the town Council and School Board
discussed pursuing a legal opinion to outline the Town regulations to which the PISD must comply. Such an opinion would be
intended to avoid situations similar to the issue that surfaced with the field house. By establishing these "ground rules", neither
eniiiy would be surprised at the actions of the other in the process of expanding existing schools or constructing new schools.
After direction from Council, Mr. Mousel discussed such an opinion with the Town Attorney who agreed to prepare such an
opinion; however, the Town Attorney is also the legal counsel for PTSD. As a condition of preparing the opinion, the attorney
requested that both the Town and PISD waive any claims of a conflict in interest against their mutual attorney.
Motioned by Russell Kaker and seconded by Kane Dalton to waive any claims of a conflict in interest in the Town Attorney's
rendering of an opinion of the Town and the PISD regarding the Town's regulation of the PTSD. Ane Casady opposed. Motion
carried. Vote 4 to 1.
6. Discuss with Gerald. Perrin, Oncor Representative, upgrades to the electric supply to the Town -of Prosper.
Gerald Perrin presented Council. Jennifer Finley had invited him to speak to Council as a result of a lengthy power outage that
occurred on June 14, 2003, in Prosper and Celina. Mr. Perrin gave an explanation as to why the outage occurred and the steps
that had been/were being taken to remedy the situation. New regulators would be installed in two (2) weeks, which would provide
the ability to fully service Prosper and Celina under any conditions; however, in the event of an outage before the regulators are
installed, he assured that emergency power would be available
In addition to the regulators, Mr. Perrin informed Council of a main feeder made of the largest wire placed on distribution from the
Collin plant to Prosper that will be used only for the Town. The feeder will be capable of handling Prosper for several years to
come. Eventually, Prosper will have three (3) different power sources (1 primary and 2 backup). As a result of the June 141h
outage, the main feeder project was "bumped up" in priority. Mr. Perrin advised that it had been approved and monies were
UG�.,,c4
currently being shifted for funding and easements granted. He estimated the complef in for the main feeder project as the end of
11� quarter 2004.
Mr, Perrin advised that with the exception of a catastrophic event, Prosper should nevi r experience another outage like the one
on June 141h. Council thanked Mr. Perrin for his time and progress and invited him to return to report the progress of the main
feeder project.
No formal action taken.
DEPARTMENT ITEMS
7 Discuss and possibly act on construction of new central fire station.
No discussion. No formal action taken.
8. Discuss with Linda Turpen, Communications Committee Chairman, a poto_n'' I new source for the Committee's
newsletter.
Linda Turpen presented Council with a recommendation for a more efficient way of co. imunicating between the Town leaders,
the school and the residents. She advised of a new opportunity for including the Towr newsletter in the "At Home in Prosper", a
new publication coming soon. All of the costs of the newsletter would eventually be sl ;ted from the Town to the publisher
through advertisements. Ms. Turpen provided Council with examples of different type of publications similar to the proposed "At
Home in Prosper". The publication will be mailed to all citizens and copies will also be -ivailable at local businesses, Town Hall,
etc, She advised that she will attempt to have the paper mailed to all residents of the �= Ihool district as well,
No formal action taken.
9. Review and comment on a proposed economic development brochure for thf Town.
Doug Mouses presented Council with a draft brochure that he and Judy Rucker had pr% pared to be used as a marketing tool sent
to large businesses in conjunction with a letter from the EDC in an effort to recruit nest businesses to Prosper. He requested
Council review the brochure and provide suggestions regarding potential revisions.
The brochure listed various facts, including Prosper's access to various major thoroug, ;fares. Lisa Dritschler recommended
including easy access to US75 as part of that factual information. She also suggeste( the website and various e-mail addresses
be included.
Mr. Mousel advised that the EDC was scheduled to review and comment on the broch ire at their next meeting
No formal action taken.
Q. Discuss agyac onr required, by Town Staff as a result of any item on tonigt ,I's agenda,
Council directed the following:
• Doug Mousel to make appropriate changes to Ordinance No 03-51
Radean Herron to include collection percentages on Monthly Tax Report
• Department Heads to include signatures on all Monthly Activity Reports
• Jennifer Finley to compile list of projects and associated costs in relation to � future bond
Communication Committee to begin submitting Monthly Activity Report
11. Discuss and possibly direct Town Staff to face items on future agendas.
Council directed Staff to include the following on future agendas;
• Consideration and action on Water Rates for current Danville customers (.Ju! ,15, 2003)
Consideration and possible action on changing the official Town newspaper om the McKinney Courier Gazette to the
Dallas Moming News (date to be determined)
• Discussion regarding ethics, roles, responsibilities of Council (August meetir 1 following Council's return from Ethics
Seminar in Austin)
• Consideration and possible action on establishing Council Meeting Policy ar i Procedures
uu. D,
EXECUTIVE SESSION
12. Adlourn into executive session in compliance with Texas Government Code Section 551.074(a.)(1.) to deliberate the
evaluation of the Town Administrator, Town Secretary. Pla_nninglED_C Director, ire Chief. Police Chief and Public Works
Director.
Mayor Niswanger recessed into Executive Session at 8:42pm.
13. Reconvene into Regular Session to consider and take any necessary action asoma result of the Executive Session.
Mayor Niswanger reconvened into Regular Session at 11:15pm. No action taken as result of the Executive Session.
14. Adlourn.
Mayor Niswanger adjourned the meeting at 11:16pm.
(--A st:
'`6ouglas Mousel, Interim Town Secretary