01.14.2002 Town Council MinutesU U 1 J 8
!MINUTES (approved 02/11103)
Regular Meeting of the Prosper Town Council
601 S. Church Street
Prosper First Baptist Church Children's Building (South Wing)
Tuesday, January 14 2002, 7:00pm
1• Call to Order/Roll Call. Mayor Dunmire called the meeting to order. Council Members present: Mayor Jim Dunmire, Mayor
Pro -Tem Jeff Walker, Lary Tracey, Charles Niswanger, Russell Kaker and Michael Perry. Also present: Town Administrator
Jennifer Finley and Town Secretary Amber Phillips.
2. Invocation. Prayer was given by Kathy Seei.
CONSENT AGENDA
3. A[>12royal 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 November 30, 2002.
e. Act to approve updated Inter -Jurisdictional Mutual Aid Agreement for Collin, County, Texas.
Motioned by Larry Tracey and seconded by Charles Niswanger to approve the consent items. Motion carried. Vote 5 to 0.
COMMENTS FRQM CITIZENS
A. Thp Tgwn Council Invites,tizen it gn gny wicngi on the n Iready scheduled f r
Public Hearing. No comments from citizens.
REGULAR AGENDA
S Consider and act unQn adoption of Ordinance No. 03-02, Establishing Exemption to Ad Valorem Rrop
ertyPropTaxe., for
Elderly Residents_ omest_eads. Michael Perry explained that the Ordinance would establish an exemption for taxpayers over
65 -years of age. Currently, Prosper has 87 taxpayers over the age of 65. He recommended a $10,000.00 exemption, which
would equate to a total loss of $3,132.00 per year to the Town. Mayor Dunmire explained that the Ordinance will apply
prospectively until such time a future Council chooses to change the exemption amount. Taxpayers interested in the exemption
are asked to apply through the Central Appraisal District. Motioned by Jeff Walker and seconded by Charles Niswanger to adopt
Ordinance No. 03-02 and set a Tax Exemption Rate at $10,000.00 for taxpayers over the age of 65. Motion carried. Vote 5 to 0.
6. id n apgroval of contract with Mesa Design vi Devel-opments, Mayor
Dunmire explained that the contract will enable Mesa to review zoning changes on behalf of the Town until such time a Town
Planner is hired on a full-time basis and is familiarized with the Master Plan. Motioned by Michael Perry and seconded by Jeff
Walker to approve the contract with Mesa Design Group for Review of Planned Developments and other zoning issues. Motion
carried. Vote 5 to 0.
7. p n regarreguestr V 1480.-W. H ProsperJUas. si3ecifically
relatingAo theTown's Sin liggLilglions. Scott Owens, Secure RV (5.5 acre tract located on the north side of SH380 one mile
west of Preston Rd.) presented Council with a request for a variance from the Town's sign Ordinance. He advised that directly off
the highway's berm, there is a 35'-40' highway easement, and a 75' water easement for the City of Irving's pipeline. In
discussions with the City of Irving, Mr. Owens was informed that no permanent structures could be built on the easement,
including signs; however, in further discussions, a project manager informed him that they "might" allow a sign within the first 10'
coming off of the highway easement, provided language could be developed allowing the City of Irving the ability to move,
damage and even destroy the structure with no cost to the City of Irving if they needed to work on their pipeline.
Mr. Owens explained that even if a sign in the easement was a viable solution, he would still face a problem regarding Prospers
Ordinance as it requires a maximum 6' height on monument signs. Although the Town allows 100 sq. ft., the restrictions placed
on Mr. Owens by the City of Irving would only allow the ability to have a 60 sq. ft. sign, and after taking into consideration
Prosper's requirements for monument signs to be masonry, it would reduce the usable sign potential to 5' by 8'. On a major
highway such as SH380, Mr. Owens felt that it would be an inadequate advertisement and a safety hazard.
Mr. Owens stated that because the City of Irving easement is such a unique obstacle, the Town should be prepared to hear from
other businesses requesting the same type of variance.
Special City Council Meeting
City Hall -109 S. Main Street
Tuesday, January 22, 2002, 7:OOpm
Those Present: Mayor Jim Dunmire, Mayor Pro -Tem Charles Niswanger, Larry Tracey, Janet
Phillips and Michael Perry. Jeff Walker not present until approximately 7:45pm.
Discussion on initial results from search for Consultant to acquire remainder of Tall Road Letters
of Intent: Jennifer Finley presented Council with the results of her search for a consultant. She
advised the Council of two possible candidates and gave her recommendation. F.M. Carroll, an
employee of Hunter& Associates, has offered his services in acquiring the remainder of the Toll
Road Letters of intent. He has agreed to work with Jennifer on a weekly basis, and he
understands that he is working on a March deadline. The City currently contracts with Hunter &
Associates for its engineering needs. The other candidate is a consultant which would require
billing on an hourly basis. Jennifer's calculations show that the most reasonable choice is F.M.
Carroll. Michael Perry requested that in addition to acquiring the remaining letter of intent, Mr.
Carroll meet with the property -owners that have already signed, confirm with them their letters of
intent, and show them the proposed lay -out of the Tollway.
Action on adoption of Inter -local Agreement between the Town of Prosper and the City of
McKinney: Mayor Dunmire advised that this agreement involves the proposed temporary
wastewater treatment plant located off of CR122. The City of McKinney is currently working with
our attorneys and has advised that they would like to see a 5 -year time limit put on this plant.
The time limit would require the City to pay McKinney $250,000 in the event we are unable to
take the temporary plant off-line in 5 years. The time limit was not part of the Mayor's original
discussion with McKinney's City Council. Mayor Dunmire advised that he will not agree to a time
limit unless the City of McKinney can guarantee that the sewer line will be run to us in the next 5
years. This sewer line will enable the City to tie into North Texas Municipal Water District's waste
management system. Without the line completed to the City's E.T.J., we will be unable to take
our temporary plant off-line.
Mayor Dunmire advised of his intention is to contact McKinney's City Engineer in an attempt to
find out their motivation for the request to put a time limit on our temporary plant
Action on adoption of Agreement with Collin County to regulate sub -division pints within Prosper's
E.T.J.: Jennifer Finley advised Council of the stipulations surrounding the Agreement with Collin__,
County to regulate sub -division plats within Prosper's E.T.J. Currently, sub -divisions located
outside of Prosper's City Limits but within Prosper's E.T.J. are not required to adhere to the City's
Sub -Division Ordinance. This agreement will require the County to differ sub -divisions within
Prosper's E.T.J. to the City for approval before the County will review the plats. In turn, the City
will require the sub -divisions to adhere to Prosper's Sub -Division Ordinance. The agreement
should only effect sub -divisions with lots smaller than 5 -acres that will have an impact on the
City's infrastructure.
Motioned by Charles Niswanger and seconded by Janet Phillips to adopt an Agreement with
Collin County to regulate sub -division plats within Prosper's E.T.J. Motion carried.
Action on ado tion of Resolution No. 02-05 authorizin the Mayor to execute an A reement to
regulate subdivision plats within Prosger's E.T.J.: Motioned by Charles Niswanger and seconded
by Janet Phillips to adopt Resolution No. 02-05, authorizing the Mayor to execute and Agreement
to regulate subdivision plats within Prosper's E.T.J. Motion carried.
Action on adoption of Ordinance No. 01-35 proyldiDgjqrthe exem tion of taxation of travel
trailers: Motioned by Larry Tracey and seconded by Charles Niswanger to adopt Ordinance No
01-35, providing for the exemption of taxation of travel trailers. Motion carried.
U��JdlJl�l V
Discussion on Ordinance establishing a Parks and Recreation advisory Committee: Amber
Phillips presented Council with questions regarding the establishment of a Parks and Recreation
advisory committee. First, the Council must determine the size of the proposed committee.
Second, the Council must determine whether the members should be limited to residents within
the City Limits or if they will allow members who are residents of the E.T.J., residents within the
Prosper School District but outside of the E.TJ., or business owners within the City Limits. The
Council recommended the committee consist of 5 to 7 members. The Council also
recommended the committee require members to reside inside of the City Limits, but allowing for
2 members who are residents of the E.T.J. outside of the City Limits and/or business owners
within the City Limits. The committee will be advisory and report back to the City Council for final
approval on decisions.
Adiourn.
Mayof Jim Dunmire
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