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07.09.2002 Town Council MinutesRegular Meeting of the Prosper City Council 601 S. Church Street Prosper First Baptist Church Youth Building Tuesday, July 9, 2002, 7:00pm MINUTES 1. Call to order/Roll Call. Mayor Dunmire called the meeting to order. Those present, Council Members: Mayor Jim Dunmire, Mayor Pro -Tem Jeff Walker, Charles Niswanger, Larry Tracey, Michael Perry and Russell Kaker. Also present: Town Administrator Jennifer Finley, Town Secretary Amber Phillips and Town Planner Ed McRoy. 2, Invocation. Prayer was given by Rev. Mark Bryant of the Prosper First Baptist Church. 3. Approval of Consent Age Motioned by Russell Kaker and seconded by Jeff Walker to approve items on the consent agenda. Motion carried. a. Minutes. b. Amendment to the May 14, 2002, Town Council Minutes for the sole purpose of changing the name Mr. Santiago to Mehrdad Moayedi. C. Bills. d. Radean Herron, Tax A/C Report. e. Action on approval of purchase, in the amount of $6,247.00, for the modification of the SCADA system to monitor ground storage tank levels. f. Action on adoption of Ordinance No. 02-27, establishing the speed limit of 20mph for the streets located within the Highland Meadow Subdivision and providing for the lowering of speed limits in other subdivisions in Prosper upon petitioning of the majority of landowners in the given subdivision. 4. Comments from Citizens. Mayor Dunmire invited citizens to speak to the Council regarding any issues of concern. No comments from citizens. 5 Consideration and possible action on acceptance of petition presented by Thomas Clark (Prosper Town Center l) for the annexation of 44.25 acres of land located on the northeast corner of CR78 and SH289. John Harris presented Council respectfully requesting annexation into the Town of Prosper. John Harris explained that he is currently working with the Planning & Zoning Commission to write a Planned Development Agreement. He explained the Commission believes the PD Agreement will aid in enforcing control over the quality of the development. He further explained that the Commission previously requested that he meet with the Town's legal counsel for direction in drafting the PD Agreement. Council expressed concern that it may be premature to begin meeting with legal counsel. John Harris agreed to pay legal expenses incurred for such meetings. Motioned by Charles Niswanger and seconded by Larry Tracey to accept the petition presented by Thomas Clark, Prosper Town Center I, for the annexation of 44.25 acres of land located on the northeast corner of CR78 and SH289. Motion carried. Vote 5 to 0. f. Adoption of Ordinance No. 02-11 setting a date lace and time for two public hearings on the proposed Clark Annexation. Motioned by Charles Niswanger and seconded by Jeff Walker to adopt Ordinance No. 02-11, setting a date, place and time for two public hearings on the proposed Clark Annexation. Motion carried. Vote 5 to 0. 7. Adoption of Ordinance No. 02-24, directing the Planning Department to prepare a Service Plan for the approximate 44.25 acres of property referred to in the proposed Clark Annexation. Motioned by Larry Tracey and seconded by Charles Niswanger to adopt Ordinance No. 02-24, directing the Planning Department to prepare a Service Plan for the approximate 44.25 acres of property referred to in the proposed Clark Annexation. Motion carried. Vote 5 to 0. u(0 8.a. Action on adoption of Resolution authorizing the Town of Prosper to intervene in gas s utilities docket 9292 before the Texas Railroad Commission; authorizinct a steering committee of affected cities to retain le al counsel and rate case consultants and requiring-reimbursement from TXU Lane Star Pipeline of the Town of Prosper's reasonable rate case expense. Council discussed the possibility of joining the coalition to dispute TXU's gas rate increase. No vote was taken to adopt the Resolution supporting the intervention in the case; however, Council voted to adopt the Resolution accepting settlement with TXU Gas Distribution. 8.b. Action on adoption of Resolution accepting settlement with TXU Gas Distribution and finding rate changes as just and reasonable.. Steve Matthews presented Council regarding the background of this case, which was filed in March, and the general history of similar cases. At one time, cities were the first line of regulation. Since the purchase of Lone Star Gas by TXU, cities combine into groups or coalitions to set and approve rates. Soon they hope to have the same rates across the board for all cities so this is considered a transitional case. Mr. Matthews explained that a coalition of cities hired an attorney to represent them, as they felt the rate increase was too much. The attorney came back with a recommendation to decrease, not increase, the rates. The attorney suggested the cities fight the rate increase. TXU appealed it to the Railroad Commission and requested that the cities take their last offer. At this time, 84 cities have taken action, 42 cities have voted to deny the increase and 28 have settled. A final report should be available in February 2003. Mr. Matthews felt that acceptance of the offer would be better in the long-run for the residents. If the Council chooses to accept the offer, residents will see the increase V rnAc-f-A nn novo mnn+h'c hille I IIV VIVV VII Ilvhl Illvl..ly v•..v. Mr. Matthews explained that he represents Frisco, Celina, Allen and Prosper, none of which have made a decision regarding the case at this time. Celina and Allen are scheduled to make a decision tonight, along with Prosper, and Frisco tabled the issue for next week. Prosper residents will experience a 3.27% increase if the Council chooses to settle with the last offer and not fight the increase. According to Mr. Matthews, if the Council accepts the offer and the Railroad Commission comes back with a lower rate, then the Town will be able to adopt the lesser rate. If the Council agrees to the offer and the Commission comes back with a higher rate, then Prosper residents will be locked in at the lower rate. According to Mr. Matthews, if the Council chooses to fight the case with the other cities in the coalition, the .n n_ legal r..aL. .. a 'Lille 4... residents will see surcharges on their bilis to help pay for T AXI I s legal expenses. Ful a ier error e, ii a is Commission comes back with an increased rate, the Town and residents will be forced to pay it. The Council requested that Steve keep them informed as to the outcome of the case. Steve agreed to keep them abreast and to,help them file for a lower rate in the event that is the Commission's ruling. Motioned by Jeff Walker and seconded by Larry Tracey to adopt a Resolution accepting settlement with TXU Gas Distribution and finding rate changes as just and reasonable. Charles Niswanger abstained from voting. Motion carried. Vote 4 to 0. 9. Fire Department Report. Chief Ronnie Tucker presented Council with the Monthly Fire Department Report. He explained that due to recent fire losses, the Town's iSa may raise which could result in potential insurance increases to residents. He introduced Council to the new CAD Mapping Program the Fire Department recently purchased and presented them with an example of the maps they are capable of creating with the program. Chief Tucker also explained other various tasks which the department performs on a daily/monthly/yearly basis. 9.a. Qonside[iation and possiblp. agtion on ill2proval of Ambljlancp. Service Contracts With the City _Qf Celina and Collin and Qenton ColIntle5. Chief Tucker explained that Celina officials have expressed excitement regarding the Ambulance Service Contract. They intend to be "partners" with Prosper in this endeavor rather that looking at it as just a service. They also expressed interest in the possibility of partnering with Prosper on other projects in the future. The contract with Celina is for $75,000 per year. The contract with Collin County is for $35,000 per year. The fees for each contract are subject to renegotiation at the end of each 0 Ap year. Motioned by Michael Perry and seconded by Larry Tracey to approve the Ambulance-Service Contracts with the City of Celina and Collin County. Motion carried. Vote 5 to Q. 2 U. Con5ideration and possible--action on a[i Ordil3ance No. 02-29. authorizing ti3e issUance i3nd gale o Town of Prosper Tax Notes in the amount of $17 26{3 a0 for the pU[p se of acnuirino a municipal aybulance. Bond Attorney Dan Culver presented Council regarding the ordinance required to authorize the issuance and sale of tax notes through the Prosper State Bank. Motioned by Jeff Walker and seconded by Larry Tracey to adopt Ordinance No. 02-29, authorizing the issuance and sale of Town of Prosper Tax Notes in the amount of $217,260.00 for the purpose of acquiring 2 municipal ambulances. Motion carried. Vote 5 to 0. 10. Police De artmenj Report. Chief Kirk McFarlin presented Council with the monthly Police Department Report. lo.a. Consideration and possible action on approval of purchase of additional police vehicles Chief McFarlin requested approval of the purchase of patrol vehicles for the additional police officers, two of which will be hired by October 2002. Council discussed various options including extended warranties, no mileage-limit lease-options and 2WD SUV's vs. Crown Victorias. Jeff Walker questioned what policies other cities have regarding the trade-in rates on their police vehicles. Chief McFarlin explained the various policies followed by such police departments as SMU, Dallas and Frisco. Chief McFarlin stated that one car will be needed prior to the hiring of the first officer. He indicated that Captain McHone has been experiencing reoccurring problems with his car which has very high mileage. He feels that this vehicle should be pulled into reserve status as soon as possible. The additional police vehicles are not budgeted items. The first payment will be due after delivery, and the vehicles are needed prior to the fiscal year-end. Council questioned whether the purchase of the vehicles will require the advertisement of bids. Chief McFarlin explained that if the vehicles are purchased separately at Bob Tomes Ford, the cost will come in under $25,000 without the extended warranty. If the extended warranty is purchased, it will take the amount over $25,000/each which will cause us to go out for competitive bids. Jennifer explained that the purchase of both vehicles could be construed as one "project" which would require competitive bidding regardless if one vehicle is priced under $25,000. Michael Perry recommended pricing 2WD Expeditions, which he feels may be more prudent considering the type of driving that will be required of them in rural areas. Council requested that Chief McFarlin provide them with a spreadsheet listing all options, including lease vs. purchase and SUV vs. Crown Victoria. Motioned by Michael Perry and seconded by Russell Kaker to advertise for competitive bids on the purchase and/or lease of police vehicles, both cruisers (cars) and SUVs. Motion carried. Vote 5 to 0. Michael Perry requested that Chief McFarlin establish a policy regarding trade-in rates/mileage on police vehicles. He feels this will help the Council in regards to decision-making on future vehicle purchases. 11 Prosper E.D.C. Report. Jim Herblin presented Council with the Monthly Prosper EDC Report. Michael Perry requested a Texpool account be established for the EDC. Jennifer explained that she thought an account had been set up at one time, but she was not aware of the activity at present. Judy Rucker keeps the EDC books separate from that of the Town. Michael Perry questioned why the EDC was using a bank in Celina rather than the Prosper State Bank. Mr. Herblin explained that when the accounts were established, Celina had better rates and services. Council requested the EDC check into the rates and services at Prosper State Bank, and if they can match the rates and services of Celina then the money should be moved to Prosper. Jeff Walker asked Jim Herblin's opinion of Mesa. Mr. Herblin indicated that he is happy with their work. Mr. Walker indicated that he has heard several complaints. Mayor Dunmire explained that he too has heard some complaints. but he has also heard many compliments. It seems the majority of the complaints have been by tl(rUort developers rather than residents. Dunmire stated that the residents he spoke with at the meeting seemed very pleased at this point. 72 people were in attendance the Town Half Meeting, and residents provided a significant amount of input. The next Town Hall Meeting for the Master Plan is scheduled for September. 11 a Discussion and possible action on the appointment of a Council Member to act as Council Representative for the Prosper Economic Development Committee. Mayor Dunmire opened the table for volunteers and/or nominations for a Council Representative to be name to the EDC. VIIchael Perry ��o���l��ated Russell Kaker. Russell accepted the nomination. Motioned by Michael Perry and seconded by Charles Niswanger to appoint Russell as Councll Representative to the Prosper Economic Development Committee. Larry Tracey was not present for the vote. Motion carried. Vote 4 to 0. 12. Parks & Recreation Retort. Darin Riggs presented Council with the Monthly Parks & Recreation Report. The Collin County Open Spaces Grant has been submitted and grants will be awarded in October. Three different proposals were submitted for the Open Spaces Grant: Hays Park, Mainstreet Park, and a Cooperative Project between the Town of Prosper and the Prosper Independent School District. Mr. Riggs requested a meeting with the Council regarding policies and procedures. Mayor Dunmire advised such a workshop would be scheduled at some point in the very near future. 12.a. Action on the acceptance of resignation from Parks & Recreation Member Natalie Hill. Motioned by Charles Niswanger and seconded by Larry Tracey to accept the resignation of Parks & Recreation Member Natalie Hill. Motion carried. Vote 5 to 0. 42 u _r,...;:.a,..a+:.,., and nnccihin 3C4inn .,n 4he annnintmen+ of a new memher to the Parks 8c Recreation Committee to fill the remaining term expiring Aoril 2, 2004, of Member Natalie Hill. Mayor Dunmire asked for Darin's recommendation on an appointment to the Parks.& Recreation Committee. Darin indicated that he would recommend any of the candidates on the list provided to Council when the Parks & Recreation was formed; however, a number of these candidates did not qualify because they reside outside of the ETJ. Larry Tracey requested Darin contact all potential qualified candidates to determine whether they are still interested in serving on the committee. Mayor Dunmire tabled the appointment of a new member to the Parks & Recreation Committee until which time Darin Riggs can contact qualified candidates to determine their willingness to participate as a committee member and present a ranked list of qualified candidates to the Council. No action taken. 12.c. Discussion and possible action on establishing_a maximum spending limit on items and services L. 1 Te ....J ...�1...7 L.. �..i-i to be purchased by the Parks iso Recreation Committee. Motioned by Larry i racey and seconded by je Walker to establish a $500.00 maximum spending limit on general budgeted items and services, excluding capital expenditures, to be purchased by the Parks & Recreation Committee without prior Council approval. Motion carried. Vote 5 to 0. /4 Mayor Jim Dunmire r Mown Secretary Amber hillips 4