07.29.2003 Town Council Minutes SpecialtjUf", �6
MINUTES (approved 8112103)
Special Meeting of the Prosper Town Council
601 South Church Street
Prosper First Baptist Church Children's Building (South Wing)
Tuesday, July 29, 5:00pm
OR
immediately following the Budget Work Session
1. Call to Order / Roll Call,
Mayor Niswanger called the meeting to order at 5:06pm.
Council Members present: Mayor Charles Niswanger, Russell Kaker, Karie Dalton, Lisa Dritschler and Ane Casady. Mayor Pro -
Tem Michael Perry was not present.
Also present: Town Administrator Jennifer Finley, Planning/EDC Director Doug Mousel and Town Secretary Amber Phillips.
Town Attorney Richard Abernathy attended the meeting from 5:06pm to 5:56pm.
2. Discuss and ossibt act upon Development Agreement between the Town. of P;.os er and Robert L. Reynolds, Willie
RayReynolds Sue Ann Vest Van Nichols and Kim Herron regarding 292.30 Tres -)f land more or less s ecifscaliy
located on the northwest corner of CR3 f=ish#rap Road] and_CR6_ County Lim- Roadi1
The Mayor explained the purpose of the agreement was to eventually secure annexation of the proposed property.
Robbie Reynolds requested Council consider locking their future water and sewer i;npact fees in at current rates through the year
2010. With the exception of that request, he felt comfortable with the agreement.
Mayor Niswanger entertained a motion to recess into executive session and requested Town Attorney Richard Abernathy, Town
Administrator Jennifer Finley, Planning/EDC Director Doug Mousel and Town Secretary Amber Phillips join the Council in
executive session.
Motioned by Russell Kaker and seconded by Karie Dalton to recess into executive sessic:-n in compliance with Texas Open
Meetings Act, Texas Government Code Section 551.071, Private Consultation wit!i the Town Attorney. Motion carried. Vote 4 to
0.
Mayor Niswanger recessed into executive session at 5:11 pm.
Mayor Niswanger announced that Council adjourned out of executive session and reconvened into regular session at 5:52pm.
Bill Dahlstrom, attorney for property -owner, reiterated their concerns surrounding capping the water and sewer impact fees.
Mayor Niswanger advised that he would not recommend adding language regarding capping the water and sewer impact fees at
the current rates. He was agreeable to the contract as presented to Council by the Town Attorney,
Town Attorney Richard Abernathy advised that Bill Dahlstrom had requested the following language be added to paragraph three
of the agreement: "There shall be no limit on the number of pad sites within the retail tracts; provided, however each pad site
must satisfy the setback lot coverage requirements in the Town's Zoning Ordinance in effect at the time of execution of this
agreement." Mr. Abernathy recommended Council agree to the additional language. He also recommended Council approval of
the agreement subject to Doug Mousel's review and approval of exhibits.
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Motioned by Karie Dalton and seconded by Russell Kaker to approve the agreement, as presented by the Town Attomey, subject
to the addition of the following language to paragraph three: "There shall be no limit on the number of pad sites within the retail
tracts; provided, however each pad site must satisfy the setback lot coverage requirements in the Town's Zoning Ordinance in
effect at the time of execution of this agreement", and subject to Doug Mousel's review and approval of all exhibits; and, to
authorize the Mayor to sign and execute the agreement. Motion carried, Vote 4 to 0.
3. Discuss and possibly act upon repairs to East Fifth Street.
Mayor Niswanger explained that he received a bid from WOPAC Construction, in the amount of approximately $24,500.00, to
level and resurface Fifth Street. WOPAC had agreed to guarantee the repairs for two years. The Mayor felt that the repairs were
necessary, and serious problems would arise in the winter if repairs were not completed this summer. There was approximately
$42,000,00 available in the amended budget for street repairs, which would not be exceeded by this project.
Ane Casady requested receipt of three bids.
The Mayor explained that he had attempted to get bids from Glen Polk, a local contractor, and Joe Sullivan, a contractor often
used by Collin County for street repairs. Glen Polk explained that he would not perform the proposed repairs without totally
tearing out the roads, which would bring the total project cost to $150,000.00. Joe Sullivan advised that he did not perform jobs of
this nature. Mayor Niswanger explained that it was difficult to retain contractors who would complete such projects.
The Mayor stated that the Town had contracted WOPAC on several jobs over the years, and they had always been fair, provided
low bids and performed satisfactory jobs.
Ane Casady asked the legal requirements for bid advertisements.
Jennifer Finley stated the Town was legally required to advertise for bids for projects/purchases over $25,000.00. Various costs
are associated with bid advertisements, including newspaper publications and engineering project specifications.
Lisa Dritschler agreed that the street was in need of repairs.
Ane Casady insisted on receipt of three actual bids.
Mayor Niswanger asked for the opinion of audience members regarding Ms. Casady's recommendation to receive three bids.
Jeff Burandt,1540 Gentle Way, felt that due to the cost involved with the bidding process, and the fact that the Mayor had
attempted to secure two other bids, the Council should accept the bid from WOPAC. Rick Cowens, 635 Creekview Drive, agreed.
Karen Williams, 1620 Highland Meadows, felt that the Mayor's attempts to acquire two other bids should suffice for receipt of
three bids.
Motioned by Russell Kaker and seconded by Kane Dalton to make street repairs to Fifth Street, up to the amount of $24,500.00.
Ane Casady opposed. Motion carried. Vote 3 to 1.
4. Adiourn.
Motioned by Lisa Dritschler and seconded by Karie Dalton to adjourn the meeting. Motion carried. Vote 4 to 0,
Mayor Niswanger adjoumed the meeting at 6:14pm.
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Douglas . Mousel, Interim Town Secretary Mayor arlE IVis anger-�r