04.09.2002 Town Council MinutesRegular City Council Meeting
First Baptist Church Youth Building
601 S. Church St., Prosper, TX
Tuesday, April 9, 2002, 7:OOpm
Those Present: Mayor Jim Dunmire, Mayor Pro -Tem Charles Niswanger, Jeff Walker, Larry
Tracey, Michael Perry and Janet Phillips.
Call to order: Mayor Dunmire called the meeting to order.
Invocation given -by Reverend Jill Jackson -Sears of the Prosper Urjited Methodist Church
Consent Items: Michael Perry questioned the "Due to Other Funds" and "Due from State" on the
balance sheet. There should be adjusting entries made to clear the "Due from State" account.
Amber Phillips will call the auditor regarding the adjusting entry to clear the account. The "Due
from Other Funds" represents the amount owed to the General Fund from the Water Fund for
payroll expense. Jeff Walker questioned the bills that the City is paying to Preston Services for
sludge removal from Deion Sanders home. Bill Little explained that the City had an agreement
for Mr. Sanders to be on City sewer by this time. The City does not have him hooked onto the
line at present; therefore the City is paying for sludge removal until he is hooked onto the system
Motioned by Larry Tracey and seconded by Charles Niswanger to approve consent items.
Motion carried.
Comments from Citizens: No comments from citizens. No action taken.
_Radean Herron. Tax A1C Rte: Radean Herron presented Council with the Tax A/C. Mayor
Dunmire requested that the staff provide a Property Tax Comparison Report to the Council on a
monthly basis. Motioned by Janet Phillips and seconded by Jeff Walker to approve the Tax A/C
Report. Motion carried.
Chief McFarlin, Police Report: Chief McFarlin presented Council with a written Police
Department report. He invited the Citizens and Council to the Police Department's Open House
on Saturday, April 13, 2002. He also announced a Federal COPS Grant recently awarded to the
Prosper Police Department which will pay for 4 additional officers. Details will be presented at a
later date. No action taken.
Prosper EDC Report: EDC Chairman Jim Herblin presented Council with the monthly EDC
Report. He announced that the Mesa Contract for the Master Plan Project has formally been
signed and accepted. Within the next week, the EDC will be mailing letters to approximately 10
to 20 residents who have expressed interest in the project. The first task force meeting will be
held in 2 to 3 weeks. He also advised that due to the expansion of the Police Department, they
will soon be in need of a new office location for EDC Secretary Judy Rucker. Michael Perry
requested the EDC provide the Council with financial statements, including Revenues,
Expenditures and Budget Summary Reports, on a monthly basis.
Parks & Recreation Committee Report: Darin Riggs presented the Council with the Parks &
Recreation report. The committee has held two meetings and one joint meeting with the Council.
Recent meetings have consisted of various administrative issues, including the assignment of
various tasks to members. The Parks & Recreation Committee's regular meetings will be held on
the third Thursday of each month. Darin Riggs invited all interested parties to attend.
Action on authorizing the Parks & Recreation Committee to spend the _ap roropriate funds
associated with improvements to Mainstreet Park: Darin Riggs presented Council with Phase
One of the proposed Mainstreet Park Improvements project. Charles Niswanger mentioned that
Matt Savoy would like to donate all shrubs between the park and his business if the City will
provide the sprinkler system. The estimated cost for the completion of the project is
$8,500.00. Phase One of the project will consist of:
• purchase and installation of two score tables, dugout covers and two PA systems
• dirt work to fill in erosion and address drainage issues
• new grass along the sidewalk and other areas of need.
Larry Tracey stated that he would like to see the Committee have a cushion for the spending of
this project since the presented figures are only estimates. Motioned by Larry Tracey and
seconded by Jeff Walker to authorize the Parks & Recreation Committee to spend $12,000.00 for
Phase One of the Mainstreet Park Improvements Project. Motion carried.
Nolita Johnson — Discussion and passible action on aggroval of street closing for the purpose of
Las Fiestas Mexicanas benefiting the ESL/Pan American Scholarship Fund: Nolita Johnson
presented Council requesting permission to close Broadway, in front of the Cotton Gin and west
of Business 289, on June 22nd, for the purpose of a fiesta benefiting the ESL/Pan American
Scholarship Fund. Ms. Johnson recently visited with the surrounding business owners that may
be affected by the proposed street closing. The business owners signed a petition offering to
help sponsor the event. There are only two businesses with which she has been unable to
contact. She also visited with Fire Chief Ronnie Tucker, who offered the support of the Fire
Department. She hopes the event will become an annual activity. There will be two foreign
exchange students from Mexico living in Prosper at the time of the Fiesta. Ms. Johnson
requested that Mayor Dunmire present them as honorary citizens. Motioned by Charles
Niswanger and seconded by Janet Phillips to approve the closing of Broadway, west of Business
280, on June 22" d, for the purpose of Las Fiestas Mexicanas benefiting the ESL/Pan American
Scholarship fund. Motion carried.
Action on implementing Phase I of the Town's Water Conservation Ordinance —Voluntary
Conservation: Larry Tracey requested that the implementation of voluntary conservation be
printed on water bills. Motioned by Larry Tracey and seconded by Janet Phillips to implement
Phase I, voluntary conservation, of the Town's Water Conservation Ordinance. Motion carried.
Action an adop
tion of Ordinance No. 02-19 Update to Imp act Fees: City Administrator Jennifer
Finley explained that the appropriate Public Hearings have been held to update the City's Impact
Fees. Motioned by Charles Niswanger and seconded Jeff Walker to adopt Ordinance No. 02-19,
Updating the City's Impact Fees. Motion carried.
Action on awarding bid for CR78 improvements: Mayor Dunmire commended Mayor Pro -Tem
Charles Niswanger and City Engineer Travis Roberts on their diligent work related to the
improvements of CR78. Mr. Roberts presented Council with the bids received for resurfacing
CR78 from Preston Rd. east to 1,000ft. east of Steeplechase subdivision. A total of six bids were
received. He recommended the Council award the job to Peach Tree Construction, the total
lowest bid, in the amount of $222,315.00. He advised that he has worked with this company in
the past and was pleased with their work. He advised that prior to construction, all right-of-ways
will need to be acquired at Preston Rd. and on the north side east of the project. Charles
Niswanger has begun discussions with the owners, and right-of-way documents are being
prepared to secure the needed right -of ways. A highway permit is also being prepared for
submission to TXDOT for their approval of the proposed work to be done at the intersection of
CR78 and SH289. In addition, several electric power poles will need to be relocated by the
power companies, and a property owner's fence will need to be moved.
Charles Niswanger has received verbal commitments from four owners to provide $50,000.00
each for the improvements to the road. The City will repay the property owners as road fees are
collected by the City. The loan will be interest free for the first 2 years, and 7% interest thereafter.
Mr. Niswanger feels that the City will be able to repay the entire $200,000 before the expiration of
2 years. The City's immediate expense for the project will be approximately $22,000, which is
budgeted funds. The project is expected to take 60 calendar days after notice to proceed.
Charles Niswanger advised that he predicts the improvements to the road to last 5 to 7 years,
and possibly even 10 years. Michael Perry questioned whether this will be an adequate base for
the road at which time the City concretes it. Travis explained that this will not be the base for a
future road because it will most likely become the median when the road is concreted. Mr. Perry
also questioned the cost to concrete the road at this time. Travis advised that it would cost
approximately $1.2 million, which would require the City to pass a bond.
Motioned by Charles Niswanger and seconded by Janet Phillips to award the bid for
improvements to CR78 to Peach Tree Construction in the amount of $222,315.00, subject to the
completion of items listed in the recommendation letter from City Engineer Travis Roberts.
Michael Perry and Jeff Walker opposed. Larry Tracey abstained. Tie vote broke by Mayor
Dunmire in favor of the motion. 3 -in favor, 2 -against, 1 -abstained. Motion carried.
Action on approval of agreement with Pananband: Jennifer Finley advised Council that she, the
City Attorney and Darin Riggs have thoroughly reviewed the Lease Agreement with Panaband.
The document has also been reviewed and approved by representatives of Panaband.
Council asked the City Staff to verify, or possibly add to the document, the repercussions in the
event payment is not made to the City in a timely manner. Jeff Walker recommended changing
the payment terms in phase 2 to reflect net30, rather than net15.
Darin Riggs advised Council that Panaband is currently tied into the City's electricity at the water
tower, but they are working on having electricity furnished to them. Due to some financial
constraints, it may take several months for them to afford to pay for the work necessary to have
their own electricity.
Motioned by Janet Phillips to approve the Lease Agreement with Panaband based upon the
following contingencies: Panaband agrees to be off of City electricity in 90 -days, the revenues
earned from the Panaband agreement will be earmarked to fund the City's Information
Technology and the change will be made from net15 to net30 in Phase 2 of the document.
Motioned by Jeff Walker and seconded by Larry Tracey to amend the motion by removing the
contingency which would earmark the revenues for the City's Information Technology. Charles
Niswanger abstained. Motion carried.
Motioned by Jeff Walker and seconded by Larry Tracey to approve the Lease Agreement with
Pananband, contingent upon Panaband being off of City electricity in 90 -days and changing the
Agreement to reflect payment terms of net30, rather than net15, in Phase 2 of the document.
Charles Niswanger abstained. Motion carried.
Action on approval of sewer facilities agreement with Mustang -Midway Plano Ltd. Steve
Folsom): Mayor Dunmire reported that the finalized version of the facilities agreement is not
ready for approval. The City Attorney and City Engineer are currently making final changes to the
agreement. Item tabled. No action taken.
Action on a royal of contract with architect Kent Sp ur in for the construction of a Fire Station:
Ronnie Tucker was not present but previously requested tabling the item. Item tabled. No action
taken.
Adjourn: Mayor Dunmire adjourned the meeting at 9:27pm.
5r �4
M or Jim Dunmire
V_4�&g n
City Secretary Amber Phillips