11.11.2003 Town Council Minutes_ .... X Prosper
1. Call to Order/ Roll Call.
Minutes (approved 1219!03)
Regular Meeting of the Prosper Town Council
601 South Church Street
Prosper First Baptist Church Children's Building (S. Wing)
Tuesday, November 11, 2003 7:00 p.m.
Mayor Charles Niswanger called the meeting to order at 7:01 pm. Roll call was taken by the Town Secretary.
Council members present: Mayor Charles Niswanger, Mayor Pro -Tem Michael Perry, Ane Casady, Lisa Dritschler and Kade
Dalton. Russell Kaker showed up at 7:15 p.m.
Staff members present: Town Administrator and EDC Director, Doug Mousel; Director of Planning, Mitch Humble; Police Chief,
Kirk McFarlin; Director of Public Works, Bill Little; and Town Secretary, Shanae Jennings.
PRESENTATIONS
2. Presentation of National Night Out Awards.
The Mayor, Chief McFarlin and Captain McHon distributed awards to residents who threw the best block parties for national night
out.
CONSENT AGENDA
3. Approval of Consent Agenda. (Items placed on the Consent Agenda are considered routine in nature and are considerer.
non -controversial. The Consent Agenda can be acted upon in one motion. A maiorrty 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 w0R.n comments as part of the official record.)
a. Approve the following minutes from past Council meetings:
• October 14, 2003 Work Session
• October 14, 2003 Regular Meeting
• October 21, 2003 Regular Meeting for Planning, Zoning and Development Issues
b. Consider and act upon the financial statements ending October 31, 2003.
Doug Mousel stated that Item 2 b needed to be pulled from the consent agenda because financial statements are not finished for
the fiscal year. Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to approve consent agenda item 3a, and pull
consent agenda item 2b. Motion approved. Vote 4-0.
COMMENTS FROM CITIZENS
4. Invitation for citizens to speak to the Council on any topic not on the agenda or not already scheduled for Public
Hearing. (Please complete a "Comments from Citizens "Form and present it to the Town Secretary prior to the
meeting.)
Benny Anderson, 13a Rhea Mills, Prosper, Texas 75078 addressed the council regarding a business being run out of a house ne.
door to his in Prosper. He filed a complaint with the Town and it has been 60 days and he has not heard anything regarding th
status of what is being done to prevent the home from running a business. Work trucks are coming and going, trash is beim
hauled to and from the house, and he would like to know why nothing is being done.
Town of Prosper Minutes Page 1 12/12/2003
Doug re -addressed the fact that Council cannot engage in conversation with citizens regarding the matter. Mr. Mousel said that he
is willing to meet with Mr. Anderson, converse by email, or sit and discuss the status. Mayor Charles Niswanger asked that Mr.
Anderson meet with Doug, himself and Bill to schedule a meeting to discuss this matter.
George Benker, 640 Creekview, Prosper, Texas 75078 addressed the Council regarding a pile of trees behind his house that has
been there since he moved in. He has been told they will be moved yet to date they are still there. He is concerned because they
are behind the school and could be set on fire and endanger the kids, especially if it continues to grow. He is worried that high
school students will set it on fire.
The Mayor addressed all participants at the meeting and informed them that there is a suggestion box at the front of the room and
encouraged them to drop off their suggestions.
REGULAR AGENDA
5. Public Hearing: Zoning Case #03.3 — Consider and act upon a request to rezone 42.4+ acres on the north side of C.R.
78,150+ feet west of Hidden Lake Drive from Single -Family -1 to Planned Development -Single -Family 2. (Tabled 10118)
Mitch Humble gave background on this item as it had been tabled at the October 18, 2003 meeting. He said that the applicant was
asked to do a second row of lots which he has done. Additionally, the applicant also addressed the lot to lot drainage concern.
Last, he addressed home size being developed and increased the square footage to a 2,000 square feet minimum.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to open the public hearing. Motion carried 5-0. Mayor
Charles Niswanger opened the public hearing at 7:15 p.m.
Dan Mahoney and Don Plunk were present as the applicants. Mr. Plunk addressed the lot to lot drainage issue. He would like to
include a concrete flume across the backs of the lots with lot -to -lot drainage with an easement.
He requested a minimum of 2,000 square feet on the square footage of houses being built.
He requested Council accept the Planned Development, and amend it to accept a minimum of 2,000 square feet houses, and
drainage from lot to lot within a drainage easement wide enough to accommodate a 100 year frequency rain event.
Mayor Pro -Tem Michael Peng expressed concern that the council is making a philosophical change in the lot to lot drainage issue,
and is worried that if we allow this now, we will always have to allow it.
Town Administrator Doug Mousel stated it is staffs preference that there be no lot to lot drainage at all, but that some modifications
could be done to the subdivision ordinance to address it. Alleys could address the issue and do the same thing that a flume does,
but then you change your product overall.
Lisa Dritschler stated that there will be very few 2,000 square foot homes and she is not concerned about this occurring in large
numbers. She expressed that she felt that offering a house at 2,000 square feet will open doors to allow people who can't
otherwise afford a home in Prosper to be able to afford one. She believes a 2,000 square foot minimum house on lots that are
12,500 square feet is fine.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to close the public hearing. Motioned carried 5-0. Mayor
Charles Niswanger closed the public hearing at 7:48 p.m.
Mayor Pro -Tem Michael Perry motioned, seconded by Lisa Dritschler approve the request to rezone 42.4+ acres on the north side
of C.R. 78, 150+ feet west of Hidden Lake Drive from Single -Family -1 to Planned Development -Single -Family 2 contingent on
verbage change and approval by the Town Planner and Town Engineer stipulating that the average minimum dwelling area
throughout the planned development district will be 2,500 square feet. Motion approved 5-0.
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6. Consider and act upon the approval of a preliminary plat of the Chapel Hill, being 104 single -family lots on 42.4+ acres
on the north side of C.R. 78,150+ feet west of Hidden Lake Drive.
Motioned by Mayor Pro-Tem Mic.)ael Perry, seconded by Russell Kaker to approve a preliminary plat for Chapel Hill, being 10'
single -family lots on 42.4+ acres on the north side of C.R. 78, 150+ feet west of Hidden Lake Drive subject to approval of zoninc
case # 03-3 and review and recommendation by the Parks and Recreation Board. Motion approved 5-0.
7. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located
in the Collin County Schou Land Survey No. 12, Abstract No. 147, Collin County, Texas, containing 61.7+ acres, being
more generally located on the northwest corner of the Burlington Northem-Santa Fe Railroad and C.R. 4 (future
Prosper Trail). (BULL - A 2003.01)
Motioned by Mayor Pro-Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion carried 5-0.
Mayor Charles Niswanger opened the public hearing at 7:53 p.m.
Ryan Betz, 3838 Oak Lawn, Dallas, TX. 75219 addressed council - He believes they have issues worked out and they will be
presenting to council next week with the updated version of their plan. There was no discussion on this hearing.
Motioned by Mayor Pro-Tem Michael Perry, seconded by Lisa Dritschler to close the public hearing. Motioned carried 5-0. Mayor
Charles Niswanger closed the public hearing at 7:54 p.m.
8. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land situated
in the Spencer Graham Survey, Abstract No. 359, James Stone Survey, Abstract No. 487, and the I.C. Williamson
Survey, Abs-tract No. 94R, Collin rminty, TPYag, rnntaininn 645,426 acres, save and except the portion of the property
lying east of a line one-half mile east of and parallel to the west boundary of the property and being more generally
located at the northeast comer of U.S. Highway 380 and C.R. 74. (RASOR - A 2003.02)
Motioned by Mayor Pro-Tem Michael Perry, seconded by Kane Dalton to open the public hearing. Motion carried 5-0.
Mayor Charles Niswanger opened the public hearing at 7: 55 p.m.
There was no discussion on this hearing.
Motioned by Mayor Pro-Tem Michael Perry, seconded by Kane Dalton to close the public hearing. Motioned carried 5-0. Mayor
Charles Niswanger closed the public hearing at 7: 55 p.m.
9. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land situated
in the Spencer Graham Survey, Abstract No. 359, James Stone Survey, Abstract No. 487, and the I.C. Williamson
Survey, Abstract No. 948, Collin County, Texas, containing 645.426 acres, save and except the portion of the property
lying west of a line one-half mile east of and parallel to the west boundary of the property and being more generally
located on the north side of the U.S. Highway 380, 2,640 feet east of C.R. 74. (RASOR - A 2003.03)
Motioned by Mayor Pro-Tem Michael Perry, seconded by Kane Dalton to open the public hearing. Motion carried 5-0.
Mayor Charles Niswanger opened the public hearing at 7:56 p.m.
There was no discussion on this hearing.
Motioned by Mayor Pro-Tem Michael Perry, seconded by Karie Dalton to close the public hearing. Motioned carded 5-0. Mayor
Charles Niswanger closed the public hearing at 7:56 p.m.
Town of Prosper Minutes Page 3 12/12/2003
10. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in
the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, Containing 80.37 acres, of land, save
and except the western most one foot parallel to the west boundary line of the property, and being more generally
located at the southeast comer of C.R. 49 and C.R. 5. (METTEN — A 2003.04)
Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion carried 5-0.
Mayor Charles Niswanger opened the public hearing at 7:58 p.m.
There was no discussion on this hearing.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to close the public hearing. Motioned carried 5-0. Mayor
Charles Niswanger closed the public hearing at 7:58 p.m.
11. Consider and act upon a resolution casting ballots for the Board of Directors for the Central Appraisal District of
Collin County, Texas.
Doug gave a brief background of the information received by the appraisal district, which includes ballots for nominees to the
district. Ane Casady four ballots for Joe Bicik, Wayne Mayo, Gary Rodenbaugh, George Crump. Other Council members did not
have suggestions on who to vote for.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to table this item in order to have staff bring them
recommendations next week for a vote. Motion approved 5-0.
DEPARTMENT ITEMS
12. Discuss the establishment of a new sign ordinance.
Mitch gave a brief background of the draft he has derived for the sign code. Staff would like to discuss and get feedback
from the Council.
Mayor Pro -Tem Michael Perry asked Mitch what kind of sign code we have now, versus what staff is proposing, and suggested an
executive summary versus having to go through every page of the proposed code.
Ane Casady asked what cities we looked at to derive this code. Mr. Humble stated that the primary city was Frisco; however, the
Frisco code was written by Mitch and Doug and at the time they wrote it, which was only a couple of years ago, they had looked into
several other cities codes. They assessed the flaws with Frisco's after having seen its affects for the past couple of years, and
made adjustments according to those problems to derive updates for Prospers code.
The organizations and groups of people who offered initial suggestions for what to include in the code included residents, the
Chamber of Commerce, sign contractors, builders and others. It was a very exhaustive effort to incorporate several suggestions
and needs.
Council concluded that they will email comments to staff and staff will incorporate the comments into the code and bring back a
revised proposal or ordinance for Council to consider for approval.
13. Discuss and act upon any matters relating to the construction of a new fire station.
Fire Chief Ronnie Tucker addressed council regarding the items in the proposal for the construction of the fire station. He
requested input and questions regarding the following:
Kitchen equipment - he believes they can save some money here and potentially cut back on $8,000 or $9,000.
Paving for additional bay - they only have money for three bays, and they cut the fourth bay. The fourth bay would cost
approximately $72,000.
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Ronnie stated that he has cut back on everything possible to stay within the budget. He had to cut many things, but stated that
whatever he has cut, they can always add back at a later date. Everything that has been cut will eventually be needed.
Mayor Pro -Tem Michael Perry said that if Prosper constructs this fire station, they need to do it right the first time around, and not
band -aide it throughout because they didn't build it complete the first time around.
Lisa Dritschler agreed with Mr. Perry, but had concerned about the fact that when they originally discussed this that $1.1 million was
the specified amount and was said to be plenty to make this work. She doesn't understand where the additional costs have been
incurred. She is concerned about paying more money for fewer amenities.
Chief Tucker stated he is willing to work in whatever direction that Council wants; he just needs them to provide direction.
Ane Casady asked what is so much more difficult about building a fire station than a house.
Ken Spurgin, Spurgin and associates architects approached. He addressed that there are different fire codes for a fire station to be
built than for a house. Foundations have to be more secure and materials are not the same. On a different note, Mr. Spurgin
asked that he be able to go over some of the things they have worked on. He stated that changes many changes have been made
inside the station to include getting rid of ceramic tile, as well as changing the texture of the sheetrock. Changes made outside the
facility include changing from real stone to simulated stone so that it would blend with the neighborhood and be more economical.
The product had become so popular thought that it is almost as expensive as the real stone. They then moved from simulated
stone to king brick and from king brick to split face block. Originally they had a metal roof but it was too expensive. They decided
on an R panel metal roof which was more economical than a stain metal roof.
Lisa Dritschler expressed the desire to have more time to review the information and readdress the issue at a later date.
Mayor Niswanger asked that the Fire Chief, Pogue Construction and Ken Spurgin be available in the next few days to answer
questions that any of the Council might have. When Council has questions they will submit them to Doug, and Doug will ge'
answers back to Council.
14. Discuss and direct staff regarding the process of completing a Town Facilities Needs Assessment Study and
constructing interim and permanent Town Hail facilities.
Doug suggested seeking a needs assessment before we seek a request for qualifications on new Town Hall facilities. Lisa
Dritschler would like to advertise for a needs assessment of the Town Hall and Police Department. The lease for Town Hall is up in
April, and the rent will go up. We have requested a proposal for a new lease agreement ASAP. Mayor Pro -Tem Michael Perry and
Lisa Dritschler suggested we go out and re -advertise for the needs, and broaden the request of what we are looking for based on
the projected future growth of the Town and what kind of facilities we will need for that growth.
The council directed staff to begin working on a needs assessment for facilities of Town Hall, a Police Department and the overall
projection of needs that will be incurred with a population of 75,000. Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane
Casady to direct staff to proceed with a needs assessment for a RFQ. Motion approved 5-0. Tom Clark asked if the Town would
entertain the idea of leasing additional space from an alternate leaser. Council said yes.
15. Discuss and direct staff regarding the purchase of a vehicle for the Police Department.
Council asked if the Police Department would prefer a marked or unmarked car. Police Chief Kirk McFariin said he would prefer to
have an unmarked car at this time in order to save money. Kirk recommended staying with the Ford Expeditions. The car was
originally budgeted for last year and was taken out because of a budget crunch. It has now been added back because of a new
officer who does not have a car.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to accept the chiefs recommendations and authorize hir
to purchase/lease a four wheel drive, unmarked, Ford Expedition. Motion approved 5-0.
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16. Discuss and act upon an amendment to the budget for the Town for the fiscal year beginning October 1, 2003 and
ending September 30, 2004.
Doug discussed amending the budget to reflect the revenue that the town receives regarding fire runs that Prosper makes to areas
within the county. This money has been placed into an account in the past to be spent for use of office tools, cleaning items,
volunteer help, etc. Lisa Dritschler asked for this to also include the current balance of Vie account of $3,800 plus the addition of
the $8,000 for this incoming year as a guesstimate.
Ronnie Tucker, Fire Chief, stated that this money has been audited, and there are two signatures on each check for this money to
be used. All the money has been in the past, and is now currently in the present still being accounted for. The money has gone
towards such things as the Christmas party for volunteer families, as well as food, snacks, etc. is paid for with this money. Cleaning
supplies, ice machine, new stove; oven, range top, hot water heater, guttering on the building, SAMS club purchases. No cost is
incurred by the City for any of these items.
Lisa Dritschler and Ane Casady asked that we line item this money out so that we can account for where we put it. Chief Tucker
stated he does not care how we do it, and we can change the process if we need to. Doug stated they can figure out how to
allocate the funds and distribute it in the budget so that it can be utilized for the same purposes. Staff will work with Chief Tucker to
find a suitable way to allocate these funds and bring the suggestion back to Council.
Motioned by Lisa Dritschler, seconded by Ane Casady to table this item. Motioned approved 4-0.
Michael Perry opposed.
EXECUTIVE SESSION
In accordance with Chapter 551, Texas Government Code of the Open Meetings Act
17. Adjourn into executive session in compliance with Section 551.074 of the Texas Government Code to discuss
personnel issues relating to Town employment positions, Including, but not limited to, accounting, inspections and
engineering positions.
Motioned by Russell Kaker, seconded by Ane Casady to adjourn into executive session. Motion approved 5-0. Council adjourned
into executive session at 9:36. p.m.
18. Reconvene into regular session and take any action necessary as a result of the executive session.
Motioned by Ane Casady, seconded by Russell Kaker to reconvene into regular session at 10:43 pm. Motion approved 5-0.
19. Discuss and possibly direct Town Staff to place items on future agendas.
• Tom Clark would like to meet with Council next week before council meeting.
• Lisa Dritschler would like staff to follow up with citizens who speak at the meetings during citizen comments.
• Lisa Dritschler would like an ordinance stating that a Councilperson does have to vacate their seat from council when
they run for Mayor
20. Adjourn.
Motioned by Lisa Dritschler, seconded by Russell Kaker to adjourn. Motion approved 5-0. Town council meeting was adjourned at
10:50 P.M.
Attest:
Shanae.lennin , own Secret
Jha a ayor
Town of Prosper Minutes Page 6 12/12/2003