06.11.2002 Town Council Minutesl.j �" `' S "� MINUTES
Regular Meeting of the Prosper Town Council
601 S. Church Street
Prosper First Baptist Church Youth Building
Tuesday, June 11, 2002, 7:00pm
1. Call to order/Roll Call. Mayor Dunmire called the meeting to order.
Those Present were Mayor Jim Dunmire, Mayor Pro -Tem Jeff Walker, Charles Niswanger, Larry Tracey,
Michael Perry and Russell Kaker. Also present were Town Engineer Travis Roberts and Town
Administrator Jennifer Finley.
2. Invocation. Darin Riggs offered prayer.
3. Approval of Consent Agenda. Council considered consent agenda, items 3a through 3k, for
approval. Michael Perry asked for explanation regarding the Open Spaces Grant Ordinance. Jennifer
Finley explained that the Ordinance granted authority to the Parks & Recreation Committee to proceed
with application for the Collin County Open Spaces Grant. Michael Perry also requested an update on
the wells and ground storage tanks which are on the consent agenda for payment authority. Town
Engineer Travis Roberts updated Council in regards to the wells and ground storage tanks.
Jeff Walker questioned the difference between the Drilling Ordinance previously adopted by Council and
the Water Well Ordinance up for adoption. Jennifer Finley explained that the previous ordinance did not
cover water well drilling, and the current Ordinance will require permitting for wells drilled within Prosper's
ETJ .
Jeff Walker recommended retaining the services of an outside accounting firm to compile the financial
information. Jim Dunmire requested the staff contact the Town Auditor Tom Pingleton, CPA, for such
information.
Mayor Dunmire advised citizens of the Ordinance being adopted to allow the Town to petition the State
for establishing a portion of SH289 as "no passing".
Motioned by Michael Perry and seconded by Larry Tracey to approve the consent agenda. Motion
carried. Vote 5 - 0.
a. Approval of Financials and Bills
b. Approval of Minutes
c. Approval of Radean Herron, Tax A/C, Report
d. Action on adoption of Proclamation for the 19th Annual National Night Out.
e. , Action on adoption of Ordinance No. 02-20, regarding Collin County's Open
Space Grant Program.
f. Action on adoption of Ordinance No. 02-21, establishing a portion of SH289 as
"no passing zone" from the intersection of SH289 and US380 north to the
intersection of SH289 and FM1461.
g. Action on approval of Final Payment to J.L. Myers, in the amount of $20,647.68,
for the construction of Tower Well #2 located on CR78.
h. Action on approval of Payment #7 to Gracon Construction, in the amount of
$47,454.40, for the construction of water storage tank & modular pump station
site "A" and site "B".
i. Action on approval of Payment #8 to Gracon Construction, in the amount of
$60,849.40, for the construction of water storage tank & modular pump station
site "A" and site "B".
j. Action on adoption of Ordinance No. 02-22, requiring a permit for water drilling.
k. Action on approval for Town Engineer Travis Roberts to proceed with the Update
to the Town's Land Use Plan/CIP.
4 QgMments fro itizens. Don Dalla Valle, 109 3`d Street, addressed Council as a proponent of ;, .,, , rJ 1; ..5
building a new Fire Station. Julie, an employee of the City of Frisco, approached Council requesting to be
placed on a future agenda regarding a Health Inspection Presentation.
"Comments from Citizens Request Form" Bruce Levak, 1640 Highland Meadows Ct. —
Presentation of petition from homeowners in Highland Meadows regarding speed limits within
Highland Meadows. Mr. Levak addressed Council regarding the increase in traffic and disregard for
speed limits in the Highland Meadows subdivision. He presented Council with a petition signed by
Highland Meadows homeowners to have the speed limit in the subdivision changed to 15rnph, Mayor
Dunmire stated that these are Town streets and asked Police Chief McFarlin to comment. Chief McFarlin
explained that 15mph is realistically too slow, but 20mph would be more reasonable as it is the regular
posted school zone speed. Mr. Levak felt that the homeowners would agree. Chief McFarlin explained
that such a reduction would require an ordinance to be adopted by the Town; therefore, any speeding
fines collected as a result would belong to the Town rather than the State. Mayor Dunmire recommended
including other Prosper subdivisions in the ordinance. Chief McFarlin will begin poling residents in other
subdivisions regarding the idea. Mayor Dunmire advised Mr. Levak that the Town would work as quickly
as possible to draft such an ordinance. Michael Perry asked if any speed limit signs are currently posted
in the Highland Meadows subdivision. Mr. Levak answered no but mentioned that a homeowner in the
area is employed with a sign company and has offered to either donate or provide a discount for the
signs.
5 Fire Dep men o . Chief Ronnie Tucker was not present to address Council. Mayor Dunmire
requested Firefighter Stephen Taylor approach Council to answer any questions regarding items 5a
through 5c.
5.a. Discussion and possible action on approval of contract from Kent Spurgin for construction of
new Fire Station: Mayor Dunmire entertained a motion by Council to approve the Contract from Kent
Spurgin for the architectural design of a new Fire Station. He emphasized that approval of the contract
would be for the architectural design, not for the actual construction.
Jeff Walker advised that he would like to proceed with the contract in order to get a better idea of the
construction cost. Charles Niswanger asked if the contract amount would expire after a given length of
time. Mayor Dunmire explained that the costs of engineering and design should remain the same, but if
the Town waits for too long then it could possibly change. The construction and bidding process can be
initiated quickly after the design phase is complete, but it does not necessarily have to. The Town will
have the choice of waiting until financially ready. Michael Perry explained that the timeline for the
engineering and design phase will be approximately 60 to 90 days.
Jeff Walker explained that there are 5 phases listed in the contract, and the Council should determine
what phases they are authorizing before taking a vote. Mayor Dunmire recommended going forth with all
5 phases in order to get the most realistic costs. Michael Perry advised that the total cost of entering into
this contract is approximately $64,000 up front, with the remaining 20% for construction to be paid out
later.
Charles Niswanger expressed concern regarding the unknown upcoming cost involved with the
expansion of the waste water treatment plant. He would like to have a better understanding of those
assts before entering into a contract for the Fire Station. Town Engineer Travis Roberts advised he will
most likely have the costs for the wastewater treatment plant expansion to the Council by the end of
June.
.teff Walker suggested giving Chief Tucker authority to negotiate through the design phase. Larry Tracey
recommended tabling the issue until Chief Tucker and Kent Spurgin can attend a meeting and give more
information regarding the contract.
Michael Perry explained that it was the recommendation of past Council to begin construction of this
facility because it is not a luxury but necessity, and we are being short -sided by not going forward with it
today. He stated that the upcoming water and sewer expenditures should be tied up quickly so that
everyone feels comfortable going forward. If unable to proceed with the contract tonight, then all of the
U IA tiZns need to be answered before the next meeting. He suggested checking with local developers
for funds towards the sewer expenditures. Nothing should take precedence over these issues, for they
are the most important issues that the Town is facing today.
Motioned by Larry Tracey and seconded by Charles Niswanger to table the contract with Kent Spurgin
until more information can be obtained for the next Council meeting. Motion carried. Vote 5 - 0.
5.b. Discussion and possible action on purchase of fire engine: Stephen Taylor stated reserve fire
engines are designed specifically to be used in case the main engine goes down. A new engine takes 9
to 11 months to build after spec sheets are submitted. There will be a demo fire engine available on
Thursday, June 13, representative of the engine requested for purchase. Jim Dunmire and Jeff Walker
recommend tabling item 5b. Authorization for purchase of fire engine tabled. No action taken.
5.c. Consideration and possible action upon authorizing the Mayor and Town Administrator to
enter into Ambulance Service Contracts with the Town of Celina and Collin County: Stephen
Taylor advised that the Fire Department will have possession of the 2 ambulances by August. The
ambulances will be financed for 5 years. Russell Kaker questioned whether they had heard any response
regarding the grant. Mr. Taylor advised nothing has been heard at this time.
The ambulances will be revenue -generating for the Fire Department if the Town enters into contracts to
service the Town of Celina, Collin County and possibly Denton County. Celina's Mayor has expressed
interest in acquiring service from Prosper as soon as possible.
Motioned by Michael Perry and seconded by Charles Niswanger to authorize the Mayor and Town
Administrator to begin negotiations for Ambulance Service Contracts with the Town of Celina, Collin
County and Denton County, subject to periodic reports to the Council by the Mayor and Town
Administrator and final approval by Council prior to the execution of said contracts. Motion carried. Vote
5-0.
6. Police Denartment_Report. Chief McFarlin presented Council with the monthly Police Report. His
report included various areas where stops sign are needed. He also mentioned the possibility of
patrolling US380. Frisco currently works accidents on US380, but Prosper has jurisdiction as well. Frisco
does not patrol this far north as often as Chief McFarlin would like to see, and he has notice some
excessive speeds on US380. Mayor Dunmire and Council agreed that the stop signs should be placed
and Chief McFarlin should begin patrols on US380.
6.a. Consideration and possible action on acceptance of COPS Grant: Chief McFarlin presented
Council with a M, ^ nl Itlininn thin roPC (rant rarantly awarried to tha Prosner Police DeDartment by
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the U.S. Department of Justice. The grant award for the Town is $300,000 over the next three years.
The Town's matching contribution will be approximately $365,000 over the next three years. The grant is
to be spent solely on salary. Equipment, overtime, and other expenditures will be funded directly by the
Town. All four officers must be hired no later than one year after the grant date, March 1, 2002, and it is
preferred to have all 4 officers hired within 9 months. If unable to hire all 4 within the one year timeframe,
the Town will be. required to file an extension which may or may not be granted.
Chief McFarlin presented Council with various issues and options to consider for making an informed
decision regarding the hiring of the officers. He recommended hiring the first 2 officers before the end of
the fiscal year, Sept 30, 2002. He and Captain McHone will each have an officer to train.
After all 4 officers are hired, McFarlin anticipates 24-hour coverage. This will also provide the Town with
a better response time because all dispatch calls will be transferred to Frisco, rather than routing through
Collin County as they currently do when officers are off-duty.
Motioned by Larry Tracey and seconded by Michael Perry to grant authority to Chief McFarlin to accept
the COPS Grant. Motion carried.
6.b. Discussion and possible action on hiring additional police officers with partial funding
through COPS Grant: Chief McFarlin requested authority to hire 2 police officers before the end of the
fiscal year, September 30, 2002. He projected the need for additional police vehicles will be U �� 3
approximately 2-1/2 months. The Council should consider going forward with the order for these vehicles
because demand usually increases around February, which often makes the order process more timely.
There is budget money available for a portion of the expenses related to vehicles, guns, uniforms, and
other equipment, but Chief McFarlin advised that he invites donations to aid with the funding. Council
agreed that the additional expenditures surrounding the hiring of additional officers should not put a strain
on the Town's current budget.
Motioned by Jeff Walker and seconded by Michael Perry to grant Chief McFarlin the authority to interview,
recruit and hire 2 additional officers in conjunction with the COPS Grant. Motion carried. Vote 5-0.
The Council advised Chief McFarlin that he will need additional authority to hire the remaining 2 officers
and asked that he present Council with such request with adequate time prior to the expiration of the
grant.
7. Pr saer E.D.C. Re agA. EDC Chairman Jim Herblin presented Council with the EDC Monthly
Financial Report. He also updated Council regarding the Master Plan Project. The Master Plan Core
Team will be meeting on June 20th in pre?arat'ron of the upcoming Town Meeting. The 1st Town Meeting
for the Master Plan will be held June 22" at the First Baptist Church Youth Building at 9:00am. Mr.
Herblin emphasized the importance of a good citizen turn -out and invited all Prosper residents and the
Council to attend.
8. Parks a ati n RePoEl. Parks & Recreation Chairman Darin Riggs presented Council
with the Monthly Parks & Recreation Report. Phase I of the Mainstreet Park Project has been
completed, with the exception of dirt -work and drainage repairs that are currently put on hold until
further research can be completed. The Council previously authorized the Committee $12,000
for the project, and the final cost was approximately $650.0. In lieu of recent break-ins at the
concession stand, they have requested Chief McFarlin provide them with a security assessment.
Mr. Riggs advised that Bob Jameson has secured dirt frorn the Irving Pipeline Project to stockpile
for future use at sports fields. The committee is currently working to get the Open Spaces Grant
Application submitted in a timely manner. The committee's approach to the grant is the
pursuance of several projects in the event any one gets denied.
9. Larry James Discussion and possible action regarding the glleMay located at the south side
of the Town Hall Building -113 W. Broadwa}L Larry James presented Council with a request to rock the
alleyway located at the rear of his commercial building located at 113 W. Broadway. Mr. James has
maintained the alley since last June/July. His building is leased to tenants who need access to a rear roll -
up door. At present, there is no access from the west. Southwestern Bell has agreed to work with Mr_
James and provide an engineer to move a phone box. The east end of the alley has been sold and stays
very muddy. Mr. James expressed an interest in working with all parties involved and offered to pay for
the work himself.
Mayor Dunmire advised of a drainage issue in that area and asked for the Town Engineer to review the
plans to insure this project does not further the drainage problem. Mayor Dunmire also requested Staff
verify ownership of the alley. Travis Roberts agreed to review the alley and proposed plans within the
next two days.
Motioned by Jeff Walker and seconded by Charles Niswanger to authorize Larry James to proceed with
the proposed work to the alley, at his own expense, subject to the specifications, review and approval of
Town Engineer Travis Roberts. Motion carried. Vote 4 - 0.
10. Discussii_regarding the pla emen f additional direc i nal !La[M. Charles Niswanger
recommended extending the directional sign at Preston Rd. and First St. to allow more panels. There are
additional business owners interested in purchasing panels, but all of the signs in that area are full..
Mayor Dunmire recommended the placement of an additional sign at the intersection of BUS289 and E.
First Street. Michael 'Perry asked if the EDC would possibly explore the options of adding onto the
existing signs. Mayor Dunmire felt that any additional signs will defeat the original purpose of the signs
and create too much information.
4
( 6fi. Niswanger requested Council explore other solutions such as the idea of allowing the other
businesses, which did not get panels, to put their own signs up. Mayor Dunmire recommended rotating
the panels on a yearly -basis since they are rented in yearly time -intervals.
The Mayor explained that the placement of directional signs was supposed to be temporary, and if we
keep adding on it will get out of hand.
Jeff Walker suggested relocating the church signs to one specific area, particularly the Winikates property
at the northwest corner of First St. and Preston Rd. Mr. Niswanq_er volunteered to speak with Mr.
Winikates regarding this issue.
Mayor Dunmire requested the EDC take over the management of the directional signs.
11. Action on approval of Final Plat for Preston Lakes. Mehrdad Moayedi, Centurion Development
Group, advised Council that he feels he has performed all requests regarding drainage issues made by
Council, neighboring property owners and all engineers; however, since last month's meeting, other
requests have been made of him. He advised that he has had professionals assess estimates of the
damages to Dan Christie's property, but Mr. Christie presented him with additional bids for damages. Mr.
Moayedi advised that he is not willing to pay Mr. Christie the additional $55,000 which he requested,
because there has been no additional rain since the last Council Meeting to cause damage to the
property. Mr. Moayedi respectfully requested Council take action for approval of the final plat for the
Preston Lakes sub -division. Mr. Moayedi stated that he feels they have complied with Mr. Christie's "wish
list 100%11
.
Mr. Christie addressed Council and presented them with photos of his property after it rained three inches
at some point after the last Council Meeting. He explained that his additional requests/bids were the
result of additional damages as well as the anticipated damages he will suffer if/when a 15,000 sq. ft.
drainage channel is constructed across his property. Dan emphasized that he does not desire to have
the channel on his property but was willing to allow it due to no other immediate solutions and an
easement which be gave. Mr. Christie gave the previous owners, Avex, a 15'X15' flowage easement
because the Avex engineer assured him that it would not increase any water flow but reduce it, and
because 4 feet of his barn was on Avex property. After the easement discussion with Avex, and before
the easement was put into writing, the property was sold to Centurion. Dan's wish is for Centurion to
abide by the easement. At this time, Mr. Christie feels that Centurion is in violation of the easement
which makes it null and void. Mr. Christie also stated that he is not after Centurion's money; he only
wants his property back to the way it has always been, and he wants Centurion to conform to the
conditions of the easement.
Mr. Christie presented
additional
photographs VIi u.a.ay.v.a iiicurred when U Ci+o (nn tri irk from the
aviw 1 - ... �.
Preston Lakes job site came across a driveway on his property.
Dan advised that he has contacted the EPA and is willing to litigate this issue if necessary. Furthermore,
he requested the Council deny Centurion's right to build homes until the situation is resolved.
Town Engineer Travis Roberts addressed Council. He previously visited with the Preston Lakes
developers, neighboring property owners and engineers for all parties. Mr. Roberts has made 3 field
inspections of the property which are referenced in his letter dated June 7, 2002, listing Information and
Action Items of concerns.
Mr. Roberts recommended Council furnish the details of this project to the Town Attorney. He has
attempted to mediate the situation but has not been successful. He will be happy to provide additional
technical assistance if needed. Mr. Roberts stated the Council and Staff should pay close attention to the
Texas Water Code which lists certain conditions and provisions regarding the appropriate handling of
such a matter. The developers' engineers should also pay close attention to the downstream capacities
of structures, the water way downstream and its natural flow and effect on detention ponds. Mr. Roberts
recommended a hydraulic study be performed but stated that he has no right to make such request;
however, the Mayor does have the right to make the request. Subject to Police recommendations, Mr.
Roberts suggests barricades be placed because the development is in the Town Limits but remains
unapproved. By closing the development off to the public, it will help to protect the Town against anyJ
alleged or assumed liability.
Motioned by Russell Kaker and seconded by Larry Tracey to Table the Approval of the Final Plat for the
Preston Lakes subdivision until which time engineers can perform hydraulic studies regarding the
drainage from Preston Lakes and its effect on neighboring property owners down CR48 to Bus289 and
resolutions can be made between Preston Lakes and Dan Christie. Michael Perry abstained from voting.
Motion carried. Vote 4 - 0.
Mayor Dunmire requested that Mr. Moayedi direct engineers to perform hydraulic studies and provide
results of the studies to the Town Engineer for review. Michael Perry agreed to provide written
permission to Mr. Moayedi for access to his property. Mr. Moayedi will also need to contact David Gray.
Mr. Christie stated that Dan Curtis might know the property owners of any other areas in question.
12 Action on a cava[ of Prelimina Plat far La Cinna Phases [ and [L Attorney Kirk Williams, 5400
Renaissance Tower, Dallas, TX, presented Council on behalf of John Papagolos. Mr. Williams
respectfully requested approval of the preliminary plat with variances for the block -lengths as to the
recommendation of the Town Planner Ed McRoy, who was unable to attend the meeting.
Town Attorney Travis Roberts presented Council regarding the Villages of La Cima, Phases I & II. Mr.
Roberts advised Council of letters dated April 3, 2002, and April 11, 2002, which identified areas of
concern which are technical and should be addressed by the Town in the review and/or approval
progresses. These letters were previously reviewed with the Planning & Zoning Commission. Mr.
Roberts presented Council with a letter dated June 11, 2002, in which he recommended specific design
considerations. Travis continued by reading and explaining to Council the six Action Items referenced in
his letter.
Mr. Roberts noted his concern with insuring that La Cima Boulevard would come out onto US380 and
connect perpendicular to Frisco's future Hillcrest Rd.
Larry Tracey asked Mr. Roberts, in lieu of a developers' agreement, if the La Cima subdivision could tie
into the existing sewer line that services Willow Ridge Phase 1. Travis explained that yes, it could be
directed back to the north at CR78 and carry Phases I &II, but not the remaining phases; however, Travis
reminded that he was referring to line capacity and not sewer capacity.
Travis Roberts presented Council with a recommendation to either approve the Preliminary Plat for La
Cima Phases I & II subject to the recommendations for modifications that may have already been
identified with Mr. Papagolos by Planner Ed McRoy, or to table approval for further clarification if that is
the desire of the Council. Mr. Roberts advised that he does not recommend denial of the Preliminary
Plat.
Kirk Williams expJained that he recognizes the areas of concern detailed by Mr. Roberts, but advised that
they are not actual concerns with the plat itself. He explained that Mr. Folsom knows the property owner
on the South side of US380, and they have agreed that it would be in the best interest of each party to
make certain that the streets, La Cima Blvd. and Hillcrest Rd., come in as perpendiculars and are not
offset. Mr. Williams advised that adjoining with Hillcrest Rd. will not be an issue from that standpoint.
Kirk Williams respectfully requested approval of the Preliminary Plat for La Cima Phase I & II and the
block -length variances, pursuant to the recommendations of the Town Staff and those conditions.
John Papagolos addressed Council regarding the extension of La Cima Blvd. Steve Folsom advised that
he has already spoken to the property owner on the south side of US380, and they have agreed for
Hillcrest Rd. and La Cima Blvd. to meet perpendicular to each other.
For the record, Kirk Williams requested written certified reasons for denial, pursuant to the Local
Government Code, in the event the Council chooses to deny the Preliminary Plat for La Cima Phases I &
II. Furthermore, he indicated that he has no objections to the conditions outlined by Travis Roberts or Ed
McRoy. He stated that he feels the Town has routinely approved these types of plats.
0 ;&unmire invited Planning & Zoning Commissioners to speak to the issues surrounding La Cima.
No P&Z members took the opportunity to speak.
Motioned by Larry Tracey and seconded by Jeff Walker to deny the Preliminary Plat for La Cima Phases I
& II based on the following reasons: the Plat calls for block length in excess of 1,000 feet; the Plat calls
for block length of less than 400 feet; the applicant failed to provide adequate water and sewer facilities to
assure adequate service to the subdivision; the number of lots indicated in the title block do not reflect the
number of residential and common area lots proposed; and the Plat failed to include La Cima Drive within
its boundaries and/or include a binding agreement on the landowner to extend La Cima Drive to US380
and CR78. Motion carried, Michael Perry opposed. Vote 4 - 1.
13. i7iscussion and possible action on a developers' a, recti for an off-site sewer_Pne and
treatment /ant for Mustang -Midway Plano Ltd. Steve Folsom). Steve Folsom informed Council that
the devleopers' agreement is a non -issue due to the denial of the La Cima Preliminary Plat.
14. Consideration and possible action on acceptance of petition presented by Wayne Yarbour h
for the annexation of 42.535 acres of land located along the north side of CR78. Mr. Yarborough
was not present to speak on behalf of the proposed annexation. No representatives present. Item
tabled. No action taken.
15. Consideration and possible action on acceptance of petition presented by Thomas Clark
{Prosper Tt�wn Center 11 for the annexation of 44.25 acres of land located on the northeast corner
of CR78 and SH289. John Harris presented Council, respectfully requesting application for annexation.
Planning & Zoning Commissioner Mike Wadsworth approached Council regarding the proposed
annexation, He advised that the Commission has been making progress in regards to the zoning of this
proposed commercial development, but feels that to begin the 90 -day annexation clock may be
premature. Mr. Harris has indicated that he desires to run the zoning concurrent with the annexation;
therefore, may be forced to pull the annexation a second time if he begins the process prior to wrapping
up the current zoning issues. He feels that an additional workshop is needed between the Planning &
Zoning Commi3sion and the applicant prior to beginning the annexation process. Mr. Harris agreed to
wait until after the June 25th workshop with the Commission.
Item tabled. No action taken.
16.16. Awn. Mayor Dunmire adjourned the meeting at 10:52pm.
yor Jim Dunmire
Town Secretary Amber Philli