02.12.2002 Town Council MinutesRegular City Council Meeting
First Baptist Church Youth Bldg.
601 S. Church Street
Tuesday, February 12, 2002, 7:00pm
Those Present: Mayor Jim Dunmire, Jeff Walker, Lary Tracey, Michael Perry and Janet Phillips. Charles Niswanger not
present.
Call to or r: Mayor Dunmire called the meeting to order.
Invocation: No invocation was given.
Second Public Hearing Rezoning of Bill Gurlev's property located at E First Street and S CraiQ Road from Aoricuitural to
Commercial: The public hearing opened at 7:01 pm. No citizens were present to speak an behalf of the proposed zoning
change. Lisa Burandt, a citizen residing at 705 East Vo Street, expressed several concerns regarding the proposed
zoning request. First, the property is in an area that is primarily residential near the Elementary School. She also
explained that the streets are too narrow to handle the traffic that a commercial property would taring. Ms. Burandt
respectfully requested that the Council deny the rezoning request.
Prosper business -owner Darin Riggs commented that if the proposed rezoning creates even a hint of a safety issue for
students and/or residents, then the request should be denied.
Motioned by Larry Tracey and seconded by Jeff Walker to close the public hearing. Motion carried. Public hearing closed
at 7:09pm.
Planning and Zoning Chairman Michael Parkinson presented the Council and formally advised them of the Commission's
recommendation to deny the commercial rezoning request based upon it compromising the health. safety and welfare of
the students attending the local elementary school and the residents in that area.
Mayor Dunmire invited comments from the Council regarding the proposed rezoning change. Janet Phillips agreed with
the Planning and Zoning Commission's recommendation to deny the commercial rezoning.
Motioned by tarry Tracey and seconded by Jeff Walker to deny the commercial zoning request based upon the
recommendation of the Planning and Zoning Commission. Motion carried.
Consent Items: Motioned by Michael Perry and seconded by Larry Tracey to approve the consent items. Motion carried.
Comments from Citizens: Local business -owner Darin Riggs presented Council regarding his recent discussions with
Panaband, a wireless internet company interested in positioning an antenna on the City's water tower. Panaband would
like to begin work as soon as possible to make the service available to residents. The Council was given a written
proposal prior to the meeting for their review and possible action at a future meeting.
No action taken.
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Radean Herron Tax A/C, Report: Radean Herron presented Council with the Tax A/C Report. Motioned by Janet Phillip
and seconded by Larry Tracey to accept the Tax A/C Report. Motion carried.
i Chief Ronnie Tucker Fire De ar Ement Re ort Chief Tucker presented Council with a written 2001 Annual Fire
,'Department Report. The number of volunteers has dwindled down to 14. Chief Tucker also requested any help from
citizens familiar with writing grants.
A. Rgguest for approval to advertise for bids on air cascade system: Chief Tucker requested approval to
advertise bids on an air cascade system. The system is budgeted for $25,000. The system will be able to be moved to
the new fire station and should last Prosper for approximately 25 years. Motioned by Michael Perry and seconded by
Larry Tracey to approve the advertisement for bids on an air cascade system. Motion carried.
Captain Gary M:Hone Police DepartmentReport: Captain McHone presented Council with a brief summary of the Police
Department's monthly activities.
No action taken.
Prosper E.D.C. Re art: Jim Herblin updated the Council regarding the E.D.C.'s Master Plan Project and advised that the
contract with Mesa Development Group should be completed sometime within the next week. The E.D.C. currently has
$412,000.00 in the bank and are preparing to spend some of the funds.
Jeff Walker requested a timeline of events for the Master Plan which indicates who will be involved with each step. Mr.
Herblin advised that he currently has tasks laid out on a timeline, but it does not specify the people involved with each
step. Mayor Dunmire requested that this information be provided for Council's review so that they can determine when
the community should be ready to get involved. Janet Phillips invited citizens to go to the Prosper website and send
information to the E.D.C, regarding interest in the Master Plan Project.
No action taken.
Action on adoption of Ordinance No. 02-04, establishinv a Solicitor's Ordinance for the Town of Prosper: Jennifer Finley
explained that fees for Peddlers' Permits were created several months ago, but an appropriate ordinance needed to be
established to enforce these fees. She recommended the Council adopt the ordinance. Motioned by Lary Tracey and
seconded by Janet Phillips to adopt Ordinance No. 02-04, establishing a Solicitor's Ordinance for the Town of
Prosper. Motion carried.
Action on adoption of Ordinance No. 02-06granting a variance for Lot 4 block A Lot 10 Biock CP Lot 34 Block A; and Loi
13 Block A in Northchase Estates: Mayor Dunmire explained that the original sub -division plat for Northchase Estates
had been misfiled at the County Courthouse. Homebuilder Lone Bauer discovered the mistake upon closing on one of his
lots. The original intent of the plat was for 1 Oft setbacks on the sides and 15ft setbacks on the rear. These numbers were
inverted at the time of the filing; therefore, a variance for his remaining lots is required. Motioned by Michael Perry and
seconded by Jeff Walker to grant variances for Lot 4 Block A, Lot 10 Block C, Lot 34 Block A, and Lot 13 Block A in
Northchase Estates. Motion carried.
Action on adoption of Ordinance Na 02-07 establishing a Parks and Recreation Committee: Motioned by Michael Perry
and seconded by Jeff Walker to adopt Ordinance No. 02-07, establishing a Parks and Recreation Committee. Motion
carried.
Action on ado ption of Ordinance No. 02-08 e§tablishina a time limit for persons speaking on items before the Town
Council and/or Planning and Zoning Cotnmissiors: Janet Phillips recommended that the ordinance be modified to apply to
any Town -established committee. Motioned by Janet Phillips and seconded by Larry Tracey to adopt Ordinance 02-08,
establishing a time Limit for persons speaking on items before the Town Council and/or Planning and Zoning Commission,
including any and all Town -established committees. Motion carried.
Action on acceptance of Annexation Pe ition from Jahn Harris on Pros er Town Center I: John Harris presented the
Council with a request for annexation of his 44 acres of property located at Broadway and SH289. Motioned by Jeff
Walker and seconded by Larry Tracey to accept the annexation petition from John Harris on Prosper Town Center I.
Motion carried.
Action on adoption of an Interlocal Agreement which will allow C Illn County to continue artici atin in road and hdd e
maintenance and improvement projects within the corporate limits of Pros er. Mayor Dunmire advised Council that the
proposed agreement is renewed every year and allows the City to obtain funding from Collin County on various road and
bridge projects. Motioned by Larry Tracey and seconded by Jeff Walker to adopt an interlocal agreement which will allow
Collin County to continue participating in road and bridge maintenance and Improvement projects Wthin the corporate
limits of Prosper. Motion carried.
Action on appointment of Advise Committee for update to Impact Fees: Jennifer Finley presented Council with a
calendar for updating the impact fees. She recommended appointing all Planning & Zoning members and Brenda
Browning to the committee. Ms. Browning will be the member of the committee residing outside the city limits, but inside
the City's ETJ. The committee will meet with City Engineer Travis Roberts next Tuesday to update the City's impact fees.
Motioned by Larry Tracey and seconded by Janet Phillips to appoint an advisory committee, made up of the Planning and
Zoning Commission and Brenda Browning, to update the City's impact fees. Motion carried.
Discussion and ossible action on the Town of Pros en's Centennial Celebration and Baseball Tournament the Week of
July 4 Judy Rucker presented Council and introduced J.E. Robinson, Bill Hays and Carrie Dalton as committee
members for Prosper's Centennial Celebration
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#1J.E. Robinson presented the Council with Celebration ideas, including a drawing, vendor booths downtown, a street
dance known as "Dancing on Broadway", and bumper stickers reading "Prospering for Over 100 Years". He
recommended selling the bumper stickers for approximately $2.00 each and using the proceeds to help pay for the
Celebration activities.
Bill Hays requested the Council consider Homecoming Weekend in October as the Celebration date. Mr. Hays also
mentioned the possibility of a parade as part of the Celebration activities.
Motioned by Janet Phillips and seconded by Larry Tracey to support the Homecoming Weekend in October as the date
for Prosper's Centennial Celebration. Motion carried.
Mayor Dunmire advised Council that the City has also been given the opportunity to host a State or Regional Dixie
League Baseball Tournament over the July 4h Weekend. He hopes to acquire corporate sponsors and possibly a
fireworks celebration that would tie into the tournament. The downtown area could again be opened up for vendors to set
up booths. He feels that this would also be a good opportunity to celebrate Prosper's Centennial Celebration, along with
the Homecoming -date Celebration.
Jeff Walker advised that they have not set up the tournament at this time, but are in the process of working Dixie League
Baseball.
Darin Riggs explained how well Prosper's baseball teams have been doing over the past several years. He advised that
Daniel Jones has presented a tournament bid to the Dixie League. If the City puts up the money for the tournament, it
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should be able to recoup the costs through ticket sales and concession stands. Mr. Riggs also explained that this would
be a great time to upgrade the fields. The cost for such project would be approximately $12,000 to $14,000, which has
already been budgeted by the City. The City's initial contribution for the tournament would most likely be around $6000.
Darin advised that the tournament could possibly be a weekend other than July 411h.
The Council tabled the 4`h of July Tournament but gave verbal support. No action taken.
Mayoral Proclamation recognizing the Shattered Dreams Program: Mayor Dunmire proclaimed April 4, 2002, as the
official date of the Shattered Dreams Program. Motioned by Janet Phillips and seconded by Jeff Walker to accept the
Shattered Dreams Proclamation. Motion carried.
Mayoral Proclamation recognizing Severe Weather Awareness Week: Mayor Dunmire officially proclaimed the week of
March 3rd thru 9th as Severe Weather Awareness Week.
Action on a roval of Pa meat No. 4 to Gracon Construction for Water Stora a Tank & Mod. Pum Station Si a "A":
Motioned by Larry Tracey and seconded by Janet Phillips to approve payment no. 4, in the amount of $4b.799.50, to
Gracon Construction for the Water Storage Tank & Mod. Pump Station Site "A". Motion carried.
Adjourn in Executive Session in compliance with Texas Government Code 551.001.
A. Discussion on the hiring of additional employees.
B. Consultation with City Attorney to discuss lawsuit filed by Tracy Boston.
Reconvene into Regular Session to take any action necessary as a result of the Executive Session: Motioned by Michael
Perry and seconded by Jeff Walker to matte any necessary employment advertisements in regards to the hiring of an
Administrative Assistant for the Police Department, an Assistant Building Inspector, an additional Firefighter/Paramedic,
and a City Planner. Motion carried. These additional employees are budgeted expenditures.
Admourn.
m Dunmire, Mayor