03.12.2002 Town Council MinutesRegular City Council Meeting
601 S. Church Street
Prosper First Baptist Church Youth Building
Tuesday, March 12, 2002, 7:00pm
Those Present: Mayor Jim Dunmire, Mayor Pro -Tem Charles Niswanger, Jeff Walker, Larry Tracey, Michael Perry
and Janet Philllips.
Call to order: Mayor Dunmire called the meeting to order.
Invocation: An invocation was given by Pastor John Fowler of the Prosper Presbyterian Church.
Prosper Town Center— First Public Hearing on the Annexation of 44.613 acres of land located at the northeast corner
of SH289 and CR78: Mayor Dunmire opened the Public Hearing opened at 7:04pm. Charles Hodges, Hodges &
Associates, 13624 Omega, Dallas, Texas, presented Council as the architect and representative for landowner Tom
Clark. They have had several workshops with the Planning & Zoning Commission in regards to a retail/commercial
and neighborhood service center on the northeast comer of SH289 and CR78.
No one present to speak in opposition of the proposed annexation. Public Hearing closed at 7:07pm. No action
taken. Next public hearing for annexation scheduled for April 2, 2002.
Consent Items: Motioned by Janet Phillips and seconded by Larry Tracey to approve consent items. Motion carried.
Comments from Citizens: No comments from citizens.
Radean Herron, Tax A/C, Report: Radean Herron not present. Council requested clarification on the Attorney Fee
line of the report. Motioned by Janet Phillips and seconded by Charles Niswanger to approve the Tax A/C Report as
printed. Motion carried.
Chief Bonnie Tucker, Fire Department Report: Chief Tucker presented Council and advised that they have had 19
more runs to date than they had last year.
A. Discussion_ and possible action on the selection of an architect for the construction of a new Fire Station:
Chief Tucker presented Council with a written report listing 3 qualified architects previously interviewed for the
construction of the new fire station. The timeframe given for the new fire station is 4 to 5 months for planning, design
and bidding and approximately 9 months for the actual construction. Chief Tucker also recommended incorporating
Town Meetings in the design phase to educate the citizens of the various components that go into a fire station. He
has also recommended building the new station with the capability to easily build on in future years. Chief Tucker
has visited many of the stations designed by the 3 architect candidates.
Jeff Walker recommended Chief Tucker meet with City Engineer Travis Roberts in regards to the selection of an
architect. Chief Tucker agreed.
Motioned by Michael Perry and seconded by Janet Phillips to authorize Chief Tucker to proceed with the selection of
an architect for the construction of a new Fire Station. Motion carried.
Chief Kirit McFarlin, Police Department Report: Chief McFarlin presented Council with a written summary of activities
from the last month. He advised Council that approximately 15 citations are being written per week. Council asked
whether PISD Supt. William Rushing had agreed to share in the cost of new School Zone Signs, Chief MCFarlin
advised that the school district is reluctant to share in any of the costs.
Mayor Dunmire read aloud a letter from Municipal Judge David Moore commending the professionalism of the
Prosper Police Dept. and staff. No action taken.
Prosper E.D.C. Report: E.D.C. Chairman Jim Herblin not present. Janet Phillips advised of no pertinent news in
regards to the E.D.C. No action taken.
Joe Jaynes, Collin County Commissioner Presentation on the Collin Outer Loo County Commissioner Joe
Jaynes presented Council in regards to the proposed Collin Outer Loop. He advised of the tremendous growth
that has hit Collin County in recent years. The construction of the Outer Loop is approximately 20 years into the
future and will connect U.S.75 and the North Dallas Tollway. There are currently 3 proposed corridors for the Collin
Outer Loop, and the chosen route will be that in which the majority of land is donated. He advised that in future years
the Collin Outer Loop will most likely be a City issue rather than a County issue. Commissioner Jaynes advised that
the Cities of Celina and Melissa have both adopted resolutions in favor of Corridor A between Celina and Prosper.
Engineer Bruce Russell, Carter -Burgess, presented Council advising of his work with Denton County in regards to the
Loop. He previously met with Denton County and the North Texas Council of Governments to establish that there will
be a concerted effort with Denton and Collin Counties to extend the Tollway north. Denton County should be able to
easily connect to any of the proposed corridors.
Unlike the northern expansion of the Tollway, the Collin Outer Loop will not be part of the 2003 bond election.
Commissioner Jaynes requested the City adopt a Resolution designating its preferred route for the proposed Collin
Outer Loop. Mayor Dunmire advised Council that Corridor A would be the most advantageous to the City of Prosper.
Action on adopi+on of Resolution 02-15 designating a preferred route for the proposed Collin Outer Loop connecting
the future extension of the North Dallas Tollway and U.S.75: Motioned by Jeff Walker and seconded by Charles
Niswanger to adopt Resolution 02-15, designating Corridor A as Prosper's preferred route for the Collin Outer Loop.
Motion carried.
Action on adoption of Resolution No 02-13 supporting the 2003 Collin County Bond Election for the extension of the
North Dallas Tollwa : Joe Jaynes presented Council regarding the upcoming 2003 Collin County Bond Election for
the northern extension of the Tollway. Motioned by Larry Tracey and seconded by Jeff Walker to adopt Resolution
02-13, supporting the 2003 Collin County Bond Election for the extension of the North Dallas Tollway. Motion carried.
Action on adopilon of Resolution No. 02-14 to suspend consideration on TXU Gas rate filing: Gerrald Perrin
presented Council regarding the current TXU Gas rate filing and requested the Council adopt a resolution to suspend
consideration of the TXU Gas rate filing. He advised that most small cities resolve to suspend the filing rather than
hiring an attorney to negotiate rate changes.
Motioned by Jeff Walker and seconded by Larry Tracey to adopt Resolution 02-14, to suspend consideration on TXU
Gas rate filing. Motion carried.
Acceptance of Rezoning Application - Prosper Town Center, 44.613 acres located at the northeast comer of SH289
and CR78: Charles Hodges presented Council with a request to accept the Rezoning Application for property located
at the northeast comer of SH289 and CR78, also known as Prosper Town Center. Mr. Hodges has currently been
working with the Planning and Zoning Commission in regards to the rezoning of the property. Motioned by Charles
Niswanger and seconded by Janet Phillips to accept the rezoning application for Prosper Town Center. Motion
carried.
Acceptance of Annexation Petition — Richard Vlad the Villas of Prosper, 42.435 acres locates! on CR78: Richard
Vlad, representative for landowner Wayne Yarborough, presented Council with a request to accept the annexation
petition for 42.435 acres located on CR78. The proposed planned development will have approximately 81 lots. Mr.
Vlad has had one meeting with the Planning & Zoning Commission and presented them with a concept plan and
rough outline of a Planned Development Agreement. More work is needed with the Planning & Zoning Commission
to outline details of the proposed development and begin the drafting of a Planned Development Agreement;
therefore, it would be premature to begin the formal rezoning process at this time. In the past, the Council has
experienced landowners pulling annexation petitions at the end of 90 days if the rezoning issues have not been
resolved. Mayor Dunmire recommended tabling the acceptance of the annexation petition so that the annexation
may run concurrently with the rezoning process. No action taken. Item tabled.
Acceptance of Rezoning Application — Richard Vlad the Villas of ProsMr. 42.435 acres located on CR78: Mayor
Dunmire recommended tabling acceptance of the Rezoning Application until appropriate issues have been worked
through with the Planning & Zoning Commission. No action taken. Item tabled.
Acceptance of Annexation Petition — Barry Knight, representative for landowner Carol Tung. 41.176 acres
located at the northeast corner of U.S.380 and CR78; No one present to speak on behalf of the annexation petition.
No action taken. Item tabled.
Acceptance of Rezoning Application — Barty Knight, re resentative for landowner Carol Tun 41.176 acres located
at the northeast corner of U.S.380 and CR78: No one present to speak on behalf of the rezoning application. No
action taken. Item tabled.
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Travis Roberts City Engineer — Presentation on the current status of the City's Water System: City Engineer Travis
Roberts presented Council with the current status of the City's Water System. A detailed written report was
presented to Council prior to the meeting. The City should be prepared for the peak water months this summer with
the new wells and storage tanks coming on-line. He advised Council that although the City should be capable of
producing sufficient water during peak months, some form of conservation is still essential in order to avoid significant
waste.
Michael Perry asked Mr. Roberts what the Council needed to do to proceed with Future Well Site No. 7. Mr. Roberts
advised Council that past action has been taken to drill the well and a contract has been granted, but the site has not
been chosen at this time. He recommended Council give him the authority to proceed with securing a site for well
number 7.
Motioned by Michael Perry and seconded by Janet Phillips to authorize Travis Roberts and Mayor Dunmire to enter
into negotiations with John Pappagolos and Steve Folsom for the purpose of securing a site in the LaCima
Development for Well No. 7. Motion carried.
Motioned by Michael Perry and seconded by Janet Phillips to authorize Travis Roberts to begin the engineering and
planning for looping the water system around the Blue Star property at the intersection of SH289 and Craig Rd. and
for the upgrading of the water line located on CR77 from a 6" line to a 12"line. Motion carried.
Janet Phillips questioned the number of water wells that the Town of Prosper could drill, as a previous engineer told
the Council that Prosper should only be able to drill 7 to 8 wells for the Town. Travis replied that the ground water
system does deplete with more wells drilled. Travis further stated that Prosper should aggressively pursue surface
water.
Michael Perry questioned what steps could be taken at this point to aggressively pursue surface water. Mr. Roberts
explained that he and Jennifer Finley met with Randall Dobbs, North Texas Municipal Water District (NTMWD),
regarding bringing surface water to Prosper, and Mr. Dobbs has presented the request to the board. NTMWD should
be ready for the City to tie in by approximately October of 2003. Mr. Dobbs advised Jennifer that contracts will most
likely be forwarded to the City within 30 days. Jennifer also advised Council that she has had dialogue with NTMWD
regarding financing as well.
Travis recommended planning a minimum of 12 months for the construction process for pump stations and storage
tanks to bring surface water to the City.
Mayor Dunmire advised Council that he would like to take action to implement Phase One, voluntary conservation, of
our Water Conservation Ordinance at the next Council meeting.
Action on the review, consideration and acceptance of the Trails of Pros er, Phase I Subdivision: Travis Roberts
presented Council with a recommendation to accept the Trails of Prosper, Phase I Subdivision, subject to the action
items listed in his recommendation letter. Motioned by Larry Tracey and seconded by Jeff Walker to accept the Trails
of Prosper, Phase I Subdivision, contingent upon the completion of items listed in the recommendation letter written
by City Engineer Travis Roberts. Michael Perry abstained from voting. Motion carried.
Action on approval of Payment No. 5 to Gracon Construction for Water Stora:Le Tank & Mod. Pum Station:
Motioned by Larry Tracey and seconded by Jeff Walker to approve Payment No. 5, in the amount of $57,712.50, to
Gracon Construction for Water Storage Tank & Mod. Pump Station. Motion carried.
A_opointment of members to the Parks and Recreation Committee: Darin Riggs presented Council with a written list
of recommendations prior to the meeting but was unable to be present to speak at the meeting. Mr. Riggs was
previously instructed by the Mayor to compile a list of potential candidates for the Parks & Recreation Committee.
Motioned by Charles Niswanger• and seconded by Larry Tracey to appoint Steve Witt, Karen Williams, Randy Turner,,
Darin Riggs, Natalie Hill, Bob Jameson and Julie Larios to the Parks and Recreation Committee. Motion carried.
Motioned by Larry Tracey and seconded by Charles Niswanger to select Jennifer Short as an alternate to the Parks
and 'Recreation Committee in the event any member is unable to serve during the first year. Motion carried. Council
advised they recommend that Ms. Short regularly attend all meetings.
Larry Tracey recommended the appointed members use the candidates not chosen for guidance and advice.
Michael Perry requested the staff send letters to thank the candidates not chosen for their interest and invite them to
become involved in the meetings.
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Action on acceptance of a directional siren constructed for the purpose of advertising local businesses and
developments: Jeff Walker presented Council regarding his recent work on the directional signs. He has been
working closely with Civil Engineer Ron Crowell to amend the City's Sign Ordinance.
Mayor Dunmire recommended making the directional sign an E.D.C. project by renting spaces to developers and
hlislnPss owners. Michael Penv auestioned which developers/business owners would be qranted top-billinq on the
signs. The Mayor advised that the people who have been actively involved in this process should be given top -billing.
Bill Little recommended a sign also be erected at CR27 and SH380 for the commercial/industrial business located on
CR27. Council concurred with the recommendation.
Motioned by Charles Niswanger and seconded by Jeff Walker to authorize Jennifer Finley and Amber Phillips to
begin the process to construct and install up to seven (7) directional signs throughout the City for the purpose of
advertising local businesses and developments. Motion carried. Mayor Dunmire advised that the Council is
committed to having all signs erected within the next six weeks. Funding for the signs will be provided by the Prosper
E.D.C. Council directed the signs be no more than 8' to 10' in height with 5 panels measuring 18" in height/each.
Motioned by Jeff Walker and seconded by Larry Tracey to grant a temporary variance from the Sign Ordinance to
Steeplechase and any other business owner or developer, upon application, to erect their signs in compliance with
the sign ordinance and with proper permitting, until which time the City has constructed and erected the directional
advertisement signs. Janet Phillips and Michael Perry opposed. Motion carried. At which time the directional signs
are installed by the Town of Prosper, the temporary variances will be revoked and all signs removed.
Jeff Walker requested the City Attorney be directed to amend the Sign Ordinance to limit bandit signs to 5 per
development, 5 per builder per development, and no signs advertising builders and/or developments outside of
Prospers City Limits.
Discussion and update on bids for CR78: Charles Niswanger reported that currently he has received commitments
from many of the surrounding landowners to donate easements and money for repair to CR78. Mr. Niswanger
advised that he spoke with John Pappagolos, the developer for LaCima, and John requested that the road go past
Steeplechase and meet up with the LaCima spine road. Mr. Niswanger will check into the County picking up the
maintenance past Steeplechase in the area in which Mr. Pappagolos desires repairs.
Engineer Travis Roberts reported a long list of items that must be addressed before repairs may begin. Such items
include the moving of telephone poles, attention to underground telephone lines, obtaining all easements and right-of-
ways and cleaning bar ditches.
Travis and Charles advised that updates need to be made to the information for bids on the chip -and -seal repairs to
CR78. The repairs should include 4 lanes with a median that reduces to 2 lanes at the entry point of Willow Ridge.
The 2 -lane portion of the street should be approximately 22 to 24 -ft. wide with a 2 -ft. shoulder on each side. In order
to update the bids, Travis feels the City may need to post an addendum to postpone the advertisement previously
published for bids.
Motioned by Charles "liswanger and seconded by Jeff Walker to update the bids for repairs to CR78. Motion carried.
Adourn: Mayor Dunmire adjourned the meeting at 10:34pm.
�Yor Jirri #�i�rimire ity Secretary Amber Phillips