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05.14.2002 Town Council MinutesRegular City Council Meeting 601 S. Church Street Prosper First Baptist Church Youth Building Tuesday, May 14, 2002, 7:OOpm Those Present: Mayor Jim Dunmire, Charles Niswanger, Jeff Walker, Larry Tracey, Michael Perry and Russell Kaker. Call to order: Mayor Dunmire called the meeting to order. Invocation: An invocation was given by Richard Chumbley. Swear in new council members: City Secretary Amber Phillips swore in re-elected Council Members Michael Perry, Lary Tracey and Charles Niswanger and newly elected Council Member Russell Kaker. Action on electing a Mayor Pro-tem: Motioned by Russell Kaker to nominate Charles Niswanger as Mayor Pro-Tem. Motioned by Michael Perry to nominate Jeff Walker as Mayor Pro-Tem. Both Charles and Jeff accepted the nominations. Nomination for Jeff Walker seconded by Lary Tracey. Nomination for Charles Niswanger seconded by Charles 4swanger. 2 votes in favor of the nomination of Charles Niswanger. 3 votes in favor of the norpinalidh ofdeff Walker. Motion carried to elect Jeff Walker as Mayor Pro-Tem. Action on dfficial bank a osito :enn� r Finley advised Council that the staff has been researching various banking i stituts in surroundingitt s." ue to proximity, the staff recommends leaving the official bank depository w* Prosper State Banl�. o#lei by I-rry Tracey and seconded by Jeff Walker to leave the City's official bank-69poiltov with Proper Sia a Motion carried. cloy' r' nice and the Council welcomed the newly hired Welcome Planning Director, Pdwgrd Mayor Du Planning Director, Ldward McRoy. Action on approval o;Crnnt Items: Michael Prry requested that the staff include the budgeted sales tax figures on the year-to-Ntq sales lax corrtparison sport. Jeff Walker asked if the City is audited on a regular basis by an outside firm. Jehnifer.Firtiey explained that yes, there is a yearly audit at the end of each fiscal year. The last audit was completed by Tom F4ngleton and approved by Council in October of 2001. Motioned by Jeff Walker and secondbd by Lprry Tracey to approve consent items. Motion carried. Comments from Citizens: Bill Proctor, 1240 Chandler Circle, requested approval for the closing of Main Street on July 6, 2002, for a street dance. The dance would be sponsored by his organization, the Men's Fellowship. Mayor Dunmire requested that he coordinate with the Police and Fire Departments regarding the event. He will also be required to have surrounding business-owners sign a letter stating they have no problems with the event. After all requests of the Mayor have been addressed, Mr. Proctor may ask to be placed on the June 11 rh agenda for consideration of approval. No action taken. Radean Herron. Tax AIC,Report: Motioned by Larry Tracey and seconded by Charles Niswanger to approve the April 2002 Tax A/C Report. Motion carried. Chief Ronnie Tucker, Fire Department Report: Chief Tucker presented Council with the Fire Department Incident Report. Calls have recently been increasing by approximately one per day. _Discussion and possible action on approval of contract from Kent Spurgin for construction of new Fire Station: Chief Tucker introduced Kent Spurgin to the Council, requesting approval of the contract for the construction of a new Fire Station. Mr. Spurgin advised that his contract would be as architect, and in turn he would put the actual construction out for bids. Chief Tucker advised the proposed fire station will be approximately 9,000 sq. ft., $987,000, with an estimated completion time of 14-months. The average lifespan of a fire station is generally in the range of 50 years. Jeff Walker requested tabling approval of the contract until the Council has a better understanding of the costs involved with the upcoming water and sewer infrastructure expenditures. Michael Perry stated that he sees no reason to hold off on the fire station contract, as it is a viable need just as the water and sewer. Jeff suggested seeking other alternatives such as expansion surrounding the existing fire station. Michael Perry questioned whether this would be a good location, as well as whether it would be a half-way solution. Charles Niswanger suggested constructing a temporary station on the available land near the existing fire station. At which time the City is more financially ready to fund a new station, the temporary station may be used for other purposes. Larry Tracey suggested a potential use may be a community center. Council agreed that they all support the Fire Department 100%, but several members felt such a financial commitment should be put on hold until additional information can be provided regarding the expenses for the upcoming water and sewer needs. Mayor Dunmire recommended tabling the item for 30 days, rather than indefinitely, until which time we can get a better idea of the costs involved with all projects currently at hand. He disagreed with the option of a temporary station. Approval of contract for construction of fire station tabled for the June 11, 2002, Regular Council Meeting. No action taken. Chief lark McFarlin Police Department Repori: Chief McFarlin presented Council with t -shirts and caps promoting the National Night Out Campaign which will be held on August 6, 2002. It will include a "biggest block -party contest" judged by Mayor Dunmire. He explained that the Monthly Police Report was prepared by Capt. McHone and provided to Council prior to the meeting. Chief McFarlin advised of a methamphetamine lab recently discovered on Broadway. This is the second of such drug labs discovered in Prosper in the past couple of months. Ane Casady asked if and how patrol hours would change this summer with children being out of school. Chief McFarlin advised that he and Capt. McHone will most likely adjust their hours to address the issue. There is a reserve that will soon be out of training. He will also be helpful in curbing any teenage mischief. _Action on adoption of Proclamation for National Police Week: Motioned by Michael Perry and seconded by Larry Tracey to adopt the Proclamation for National Police Week. Motion carried. Chief McFarlin reminded Council and residents that tomorrow is National Police Day. He asked that flags be flown at half-staff in remembrance of officers lost in the line of duty. Prosper E.D.C. Report: Jim Herblin presented Council with information regarding the Master Plan Project. Final selection of the Master Plan Core Team is scheduled for Thursday, May 16, 2002. He also presented Council with a proposed timeline for completion of the Master Plan. A Town Hall Meeting will be held in the near future to educate citizens on the Master Plan efforts and give them the opportunity to provide input. Action on a oroval of Variance for Ray and Lena Smith: Lena Smith presented Council with a request for a variance from the City's Comprehensive Zoning Ordinance for an additional dwelling on their lot in Amberwood Farms. The additional dwelling will be a barn with an apartment located above. The Smith's previously presented the Planning and Zoning Commission with the request, and the Commission recommended approval. Chairman Michael Parkinson was present and confirmed Commission's approval.. Motioned by Jeff Walker and seconded by Charles Niswanger to grant a variance from the Use Schedule of the Town's Official Zoning Ordinance for Lot 6, Block A, 1500 Harvest Ridge, to allow the construction of a second dwelling solely for the purpose of personal use and not rental property. Motion carried. Action on a roval of Pay Estimate No. 6 for Modular Pump Station: Travis Roberts presented Council with a recommendation for consideration of approval for Pay Estimate No. 6 for the Modular Pump Station. Motioned by Larry Tracey and seconded by Michael Perry to approve Pay Estimate No. 6 for the Modular Pump Station. Motion carried. Action on approval of Change Order on Storage Tank and Modular Pump Station: Travis Roberts presented Council with a recommendation for consideration of approval for a change order on the Storage Tank and Modular Pump station to include the SCADA system. Motioned by Charles Niswanger and seconded by Larry Tracey to approve the change order on the storage tank and modular pump station to include the SCADA system. Motion carried. Action on a roval of Final Plat for Preston Lakes: Travis Roberts presented Council regarding Preston Lakes, a sub -division located west of Preston Rd. off of CR48. He has written 2 review letters on the project. The first letter indicated several areas of concern. After the second review was completed, the developer forwarded a letter to Travis indicating that all items had been corrected. Travis advised that he performed an additional review this afternoon prior to the meeting, and 95% of his listed concerns have been corrected. The main issue remaining is that of drainage between Preston Lakes and the surrounding landowners. Travis recommended tabling approval until such time the surrounding landowners are satisfied with the drainage solutions. Preston Lakes developer, Mehrdad Moayedi, presented Council stating the drainage issue with the Bridgefarmers has been resolved. Furthermore, he explained that he has reviewed the proposed plans prepared by Dan Christie's engineer and intends to comply with such. Mehrdad Moayedi requested approval of the final plat for Preston Lakes subdivision. Michael Perry asked Mehrdad Moayedi if any other potential drainage issues have arisen ieyaidiiiy landowners further downstream. Mehrdad Moayedi stated yes but explained they have performed reviews and made calculations, and it appears no additional problems will arise. He advised that if any additional issues arise, they will be happy to address them. Nearby landowner Dan Christie presented Council regarding the drainage problems he has incurred as a result of the subdivision. He has lived on the same property for over 30 years and has never experienced water standing on his property the way it has since Preston Lakes began development. He presented Council with cost estimates for the drainage, as well as a copy of the easement he gave to Preston Lakes. Mr. Christie does not feel Preston Lakes has conformed with the easement. The cost estimates do not reflect damage already received as a result of the water, mud and debris draining onto his property from Preston Lakes. He estimated the damages already sustained costing between $20,000 and $25,000. Mr. Christie was approached by Preston Lakes representatives who offered to put up $60,000 and repair the problem within a given number of days. Dan Christie requested the Council not approve the subdivision until all drainage issues have been resolved. He feels other surrounding landowners further down the hill will most likely experience the same such problems at some point in the future and advised this should be taken into consideration as well. Mr. Christie's engineer presented Council with a design to cavy the water off of Mr. Christie's property; however, he advised the presented solution is only designed to carry the water off of Dan's property and may not eliminate the drainage issues with property owners further down the road. Mr. Christie had photographs taken during some of the heavy rains and forwarded them to the City Hall. Mayor Dunmire stated that he actually drove through Preston Lakes, as well as parts of Dan's property, during the heavy rains, and the water was standing very deep and flooding various areas. Mehrdad Moayedi approached the Council once again explaining he feels his company has been responsive to all of the requests. He stated that he is committed to taking care of Mr. Christie's issues. Mr. Christie disagreed and suggested a workshop between the developer, all engineers, himself, the Council, and other landowners that could potentially be effected in the future. e _ , .._ .._ l: ♦ J h. ctinn VI model homes at this times hafnra annrnval I'V ehrudad ffloayCUI requested permlliSsivn w uvgill VV1­4 Uv 11 I r'r." — of the final plat. Mayor Dunmire advised that no construction will be allowed to begin until the final plat is approved. He stated that this is the City's leverage in making certain these issues will be resolved. Mehrdad Moayedi requested the Council meet for a special session in 2 weeks if all parties are satisfied by that time, rather than waiting another month for the June Regular Meeting. Mr. Christie stated that he is having surgery and will not be available for 2 weeks. Mayor Dunmire asked Travis to begin meeting with Mr. Christie's engineer in the meantime. Mayor Dunmire recommended first addressing all issues at hand and coming to a mutual agreement between the City Engineer and Mr. Christie's engineer. The City engineer will be required adequate time to review the proposed drainage plans, as they were just presented to him tonight. In addition, Travis will need to look at the flow of water down stream. Is the amount of runoff water greater than before the development was created? Approval of final plat for Preston Lakes subdivision tabled. Item will be revisited at the Council's earliest convenience, possibly 30 days unless a resolution between all parties is agreed upon sooner. No action taken. Action on approval of Prelimina Plat for La Cima Phases I and ll: Planning & Zoning Chairman Michael Parkinson presented Council advising of their recommendation to deny Preliminary flat approval for La Cima Phases I & Il. Mr. Parkinson stated there were several reasons, but the threat to the health, safety and general welfare of the residents is the strongest. He explained that the Commission reasonably infers, due to the non-existence of a stop light or tum lane on SH380, that there will be major safety issues surrounding this development. The applicant's attorney, Kirk Williams, presented Council. He explained that he reviewed the minutes from the P&Z Meeting, reviewed the comments prepared by Travis Roberts, and spoke with City Planner Ed McRoy. He sees no problems that cannot be resolved regarding the actual plat but understands there maybe problems surrounding sewer issues. Mr. Williams respectfully requested plat approval subject to the approval of a Developers Agreement which will allow the property to be sewered. He did not feel that the non-existence of a traffic signal on SH380 could be considered a legitimate reason to deny the plat. He explained that State law requires justifications be made for denial of plats. The sewer issues could be considered a legitimate reason, and they would like to work on resolving those problems. Lang Tracey explained that it is not the lack of a traffic signal but a safety Issue. Mr. Williams stated that according to the Local Govemment Code, a plat must be approved unless certified reasons are specified. He does not believe that an offsite traffic light is a certified reason. Ma or Dunmire adjourned into executive session at Q:04[)m. in compliance with Section 551-071 of the Texas Local Gov mment Code. Mayor Dunmire reconvened into Regular Session at 10:10pm. City Attorney Richard Abernathy addressed the Council and audience. He explained that he listened to the concerns of the Council in executive session and met with John Papagolos, Steve Folsom and Kirk Williams regarding their concerns. State law requires Council to make a decision for approval or denial of a preliminary plat within 30- days after application is made. if a decision is not made in 30 -days, the plat is automatically approved. Mr. Papagolos verbally consented, on the record, to waive his 30 -day window, which allows the Council to table action on the plat until which time these issues may be resolved. Mr. Papagolos will meet with City Planner Ed McRoy regarding.concems of the Council and Commission, work on a Developers Agreement between himself and the City, and meet back with the Council at the June 11, 2002, Meeting at which time the Council hopes to have more information. Approval of the Preliminary Plat for La Cima Phases I & II tabled the for June 11, 2002, Regular Council Meeting. No action taken. Discussion and possible action on approval of Facilities Agreement for Sewer Line with Mustang -Midway Plano Ltd. (Steve Folsom): Mr. Dunmire stated that in light of the current status of the La Cima subdivision, it is the consent of the Council to also table this issue until more information is gathered. He assured Mr. Folsom that they should be coming to an understanding within a reasonable length of time. The primary issue at this time is where to put the sewer once the line is built. Steve Folsom stated that he has already acquired easements from Blue Star and Phil Jobe for the construction of the sewer line. He has been working on this project for quite some time but would be more than willing to wait another 30 days. Facilities Agreement for Sewer Line with Mustang -Midway Plano, Ltd. tabled for June 11, 2002, Regular Council Meeting. No action taken. Parks & Recreation Report: Darin Riggs presented Council with the Parks & Recreation Report. The estimated completion of Main Street Park Phase I is one to two weeks. He explained the various roles that Parks & Recreation Members will be playing. A contract has been signed for maintenance of the ball fields. A Girl Scout Troop has contacted the Committee to plant a tree at the ball fields with a plaque in remembrance of 9-11. The tree will be sponsored by Shades of Green. Adjourn: Mayor Dunmire adjourned the meeting at 10:21 pm. yor Jim Dunmire c ULA City Secretary Amber Phillips l