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08.13.2002 Town Council MinutesMINUTES Regular fleeting of the Prosper Town Council 601 S. Church Street Prosper First Baptist Church Youth Building Tuesday, August 13, 2002, 7:00pm rail to OrriarlRoll Call. Mayor Dunmire called the meeting to order. Council Members Present: Mayor Jim Dunmire, Mayor Pro -Tem Jeff Walker, Charles Niswanger, Lary Tracey, Michael Perry and Russell Kaker. Also Present. Town Administrator Jennifer Finlay, Town Secretary Amber Phillips, Town Planner Ed McRoy, Town Attorney Rebecca Brewer and Town Engineer Travis Roberts. Inver ocation. Prayer was given by Mike Jones, Pastor of the Rhea Mills Baptist Church. 3. Pr se to io of "National Night -glut" Block Party Awards. Mayor Dunmire thanked Captain Gary McHone and Chief Kirk McFadin for coordinating the "!National Night -Out Program. Captain McHone presented the "2002 National Night -Out Block Party Award" to the residents of the Stone Creek Subdivision. QQN5ENT AGEND (items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) a. Approval of Minutes. b. Approval of Bills. c. Approval of Radean Herron, Tax A/C Report. :_• m +.^.+ Unrrr.r. #^ an.i nnhliah remilrad fnith in taxation notices_ e. Authorization to purchase third thermal imaging camera, in the amount of approximately $13,000, with funds received through Fire Department Donations. f. Approval of Financial Statements Ending June 30, 2002. g. Award bids for the water system Improvements for a 12" water line along CR77 and a 12" water line along SH289 and Craig Rd. h. Adoption of Interlocal Agreement between the Prosper Police Department and the Collin County Sheriff s Office. L Approval of Payment #2, in the amount of $194,471.25, to be made to J.J. Biffle Water Well Drilling Company for the construction of Well Project Site A'-CR122. Mayor Dunmire explained that any items on the agenda requiring engineering advice would be heard first due to a scheduling conflict of Town Engineer Travis Roberts. Mayor Dunmire addressed Council regarding Items "g" and "i" pertaining to improvements to the Town's Water System. Town Engineer Travis Roberts presented Council regarding the bids for the water system improvements for a 12" water line along CR77 and 12" water line along SH289 and Craig Rd. The bids were opened on August 12, 2002, and Travis suggested the Council consider speaking to PISD representatives prior to awarding a bid. Mayor Dunmire ciarined TraVis' reuariirnenudiiiuri by e laiiiiri tial `r'iraD iS^ia^sr^tatiVeS had verbally, agreed to share in the costs of the water line in a previous meeting. He advised that the Council has 90 -days to act upon this item; therefore, he recommended the Council table item "g" until the Regular Meeting in September. Travis Roberts updated Council regarding the Well Project on CR122. Motioned by Jeff Walker and seconded by tarry Tracey to approve all items on the Consent Agenda with the exception of item "g.", awarding the bid for the water system improvements for a 12" water line along CR77 and a 12" water line along SH289 and Craig Rd, which will be tabled and scheduled for discussion and action on a future agenda. Motion carried. Vote 5 to 0. CQMMENTS FRQM CITIZEN.5 5- Ihe YpMn r in it in iter citizens to sneak to the nn -any tonic not on the ane Ljf arinn. Mayor Dunmire invited audience members to speak to Council regarding concerns. No comments were presented by citizens. RP B l : HEARING an nt$epigd annikxgtion of d 75 acrea of land located on the northeaat carngr Of CRTS and S14289. Mayor Dunmire opened the Public Hearing at 10:3£pm and invited the audience to speak on behalf oflagainst the proposed annexation. John Harris, applicant representative, addressed Council, respectfully requesting annexation into the Town of Prosper. A member of the audience requested clarification of the term "annexation". Town Planner Ed McRoy briefly clarified and defined "annexation". Jeff Walker asked that Staff identify other tracts along Preston Rd that have been zoned or potentially oonsidered as commercial/retail. Ed explained that he Intends to prepare such a list for Council. Ed advised that the Planning & Zoning Commission is scheduled to hold the first public hearing on the zoning of this property at their Regular August Meeting. Mayor Dunmire closed the Public Hearing at 10:40pm. 7. pUBLIG HEARING t2 consider and act unan tha Re -plat of Lots 15R ajod 16R. Block A. Qgotle Creek Estates. Phase Qna- Towgi ❑rncnap CoItL Courr y. Texas_ Mayor Dunmire opened the Public Hearing at 10:40pm and invited the audience to -speak on bghalf.oflagair 5(0 the proposed annexation. Ryan Griffin, representative of the applicant, addressed Council with a request to approve the re -plat of lots 15R and 16R, Block A, located in the Gentle Creek Estates Subdivision. He explained that the applicant is his aunt, and she wishes to build a single - story home that is too large for one lot. Charles Niswanger clarified that the intent of the request was to merge the 2 lots together and center the house on the common lot line. Mr, Griffin explained that only one surrounding property -owner had expressed concern, which he addressed at the Planning & Zoning meeting. The concern related to alignment, and he telt that the property -owner was satisfied with his response. Ed McRoy stated that the Planning & Zoning Commission unanimously recommended approval, and he recommended approval as well; however, he recommended approval contingent to the Following conditions: the applicant must provide plat exhibits to the Town Staff; the provided plats must comply with all requirements of the Subdivision and Zoning Ordinances and be approved by the Planning Director, no variances from existing standards may be requested; approval must be obtained from all appropriate franchise utility providers and from the Town for the abandonment of any utility easement (if applicable); and, a Certificate of Occupancy shall not be issued for any building on the site until the Plat has been filed for record with the County. Mr. Griffin agreed to all conditions and advised that some have already been met. Mayor Dunmire dosed the Public Hearing at 10:45pm. urncngr. (:ntttr,ot10t . Tj! exas.. Motioned by Larry Tracey and seconded by Mussell K.aker to approve the Re -Plat of Lots 15R and 16R, Bloch A, Gentle Creek Estates, Phase One, Town of Prosper, Collin County, Texas, contingent upon the following conditions: the applicant must provide plat exhibits to the Town Staff; the provided plats must corn ply with all requirements of the Subdivision and Zoning Ordinances and be approved by the Planning Director, no variances from existing standards may be requested; approval must be obtained from all appropriate franchise utility providers and from the Town for the abandonment of any utility easement (if applicable); and, a Certificate of Occupancy shall not be issued for any building on the site until the Plat has been filed for record with the County. Motion carried. Vote 5 to 0. U_PLIB IC HEARING to considgr and act udon a request oreaented by the Prosier Indeoertd_e t School Di iE15D1 for a variance fro P walls oortially composgd of metal materialgi to a ngW field-housp, and oragtice.facifily. The subject property is lorated east of Bus289 .�� �t,rranr �SrA nt rbc Pro r r High SchoolProsne .Texas, Mayor Dunmire opened the public hearing at 10:46pm and invited audience members to speak on behalf of/against the proposed variance. Mayor Dunmire explained that the proposed building lies within an area considered part of the Corridor District. Ed McRoy addressed Council and explained that no PTSD representatives were present„ nor had any representatives been present at the Public Hearing before the Planning & Zoning Commission, possibly due to a misunderstanding. He stated that the Planning & Zoning Commission recommended denial of the variance, but he recommended that the variance be granted. Ed explained that the unique nature and mission of the PIED as an educational entity and community asset Itself would constitute a special circumstance such that denial of the variance may itself have negative consequences to the community at -large. Sufficient criteria had been given to grant the variance. Furthermore, he explained that he feels the property is considered part of the Corridor District as a technicality due to the way the building will be positioned on the property. Ane Casady, P&Z member and Prosper resident, questioned why Ed was not making recommendation in line with the recommendation made by the P&Z. Ed explained that he believes the School District to be an independent governmental entity which is co -equal with this Body. Should they make a claim that this is absolutely necessary for them to fulfill their educational mission, the Town could potentially be prohibiting them from doing so. He stated that in this case, he felt that it could be a detriment to the Town not to grant PISD their request for a variance. He explained that if the request was for that of a 100% metal building or for a variance from building standards or fire standards which could raise safety issues, then he would recommend denial as the request would be unwarranted. Michael Perry questioned why the variance is just now being requested if construction has already begun. Mayor Dunmire explained that the school may have made decisions unaware of the Town's ordinances. Larry Tracey stated that he did not feel that a field house should be considered to be in relation to the school's educational mission. Ed stated that the school has the ability to state their educational mission, and the Town has no right to interfere with that. Mayor Dunmire dosed the Public Hearing at 11:01 pm. Motioned by Larry Tracey and seconded by Jeff Walker to deny PISD's request for a variance from Prosper's Comprehensive Zoning Ordinance, No. 84-16, Section 3A, Subsection 1.9.1 (Exterior Walls), authorizing the use of walls partially composed of metal materials for a new field house and practice facility, as they believe the Planning & zoning Commission made a valid recommendation for the denial of the variance. Motion carded to deny the variance. Vote 5 to 0. Lakes, Mayor Dunmire requested that Town Engineer Travis Roberts present Council regarding his inspection of the Preston Lakes Subdivision. Travis addressed Council, referring to his letter dated August 13, 2002. He explained that the calculations provided in the study conducted by Dan Dowdey indicate the storm water runoff to be not greater than that volume which existed from the subject property prior to the development. The drainage plan consists of a dry pond which they plan to tum into an amenity. Travis' last inspection was performed on Friday, August 9, 2002. At that time, he noted a headwall that had not been completed. He stated that copies of the drainage flows were picked up by legal representatives of downstream property -owners on the morning of the meeting, August 13, 2002. MiCUi6Rle* Baked if it would be reasonable to conclude that the retainage of the quarry had not been considered in the hydraulic study. Travis advised that according to the Town's ordinance, which follows the same requirements as the City of Plano, drainage calculations are to be viewed as "before man's hands touched the earth", and the quarry was man-made. Travis explained that the Town's subdivision ordinance requires a 2-year/100°/ maintenance bond be secured by the developer for final approval of the subdivision. A few of the Town's previous subdivisions were granted variances from this requirement, but he recommended the entire 2-year/100% maintenance bond be secured due to the drainage issues. Russell Kaker asked if the drainage plans would handle an 8 to 10 inch rains. Travis advised that in his opinion it would be adequate to handle such a rain. Council proceeded with further discussion regarding the drainage plans and issues surrounding the Preston Lakes Subdivision. Michael Perry asked if the developer still planned to dedicate the quant' property as a Town Park or if it would belong to the Homeowners Association. The developer indicated that it would be dedicated as a Town Park and that nothing would be/has been constructed on it. Kirk Williams, 5400 Renaissance Tower, legal representative of tate applicant, presented Council regarding the Preston Lakes subdivision. He explained that hydraulic studies had been performed and presented to Travis, and they eliminated one lot to help solve the drainage problems. He advised that they have substantially reduced the water flow running onto surrounding property, Furthermore, he felt that the applicant had met the Town's subdivision requirements and respectfully requested final approval of the subdivision. Ed McRoy asked if the plat has been redrawn to reflect the elimination of the one lot. Kirk Williams advised that the final plat was unchanged, and they simply decided to not build on the one lot in question. Mayor Dunmire requested that Town Attorney Rebecca Brewer approach the Council. Motioned by tarry Tracy and seconded by Jeff Walker to adjourn into executive session with Town Attorney Rebecca Brewer and Town Engineer Travis Roberts, in accordance with Texas Government Code 551.001 et seq., for deliberation regarding the development known as the Preston Lakes Subdivision. Motion carried. Vote 5 to 0. Mayor Dunmire adjourned into Executive Session at 7:48pm. _t n., v...... and • ncd L a-& into Mayor Dunmire reconvened into Regular session at as ipm, briefly recessed oui ul Regular JCJJIUII Ol a. 1 Ilpm, a..0 ,e....,,•..,,..........,• ,,,... Regular Session at 9:20pm. Mayor Dunmire invited surrounding property -owners to address Council with concerns. Property -owner Larry Bridgefarmer advised Council that he was "happy" with the drainage plans, and Dan Christie advised that if Travis Roberts felt the plans would work then he trusted that Travis was correct. Mayor Dunmire explained that the Council has a fiduciary responsibility to protect the Town today and in the future, including the liabilities of the Town and those individuals affected by any subdivision that may be brought into the Town. He explained that the Council is constantly looking to review and update the ordinances to protect the Town and its residents. Mayor Dunmire advised that the Council is "devetoper-friendly" and supportive of developments. Furthermore, Mayor Dunmire advised of the untimely manner in which the Council and Town Staff were provided the information regarding the drainage and the development. They did not feel that they had been given adequate time to digest the information in a manner conducive to making an educated decision. .teff Walker advised that as a new Council Member, one of his concerns was that he was unaware of the history behind the Preston Lakes Subdivision or the quarry that had been filled in with various materials. After learning of this information, his first concern was that of the potential building of homes or infrastructure on the quarry area. He further advised that he was concerned about whether this could have had a potential impact on the drainage. Mr. Walker stated that he had not been provided the opportunity to review the hydraulic study. After talking to Travis and Rebecca in Executive Session, he felt that the quarry should have been taken into consideration. Larry Tracey agreed that he had not been provided adequate time to review the hydraulic study either. He asked if homes or infrastructure would be built on the rock quarry. A representative from Lennar domes advised that they had performed tests to see if any of the homes would be built on the quarry and also obtained certifications to prove it. He Indicated that they have provided all required information to Travis. Mayor Dunmire advised that when this development first met with Council, the developers assured Council that nothing would be constructed on the old rock quarry site. Kirk Williams advised that they were still assuring him of such. Mayor Dunmire explained that Council did not have sufficient time to review the reports. Dan Dowdey, engineer for Preston Lakes, felt that he had given the reports to Travis within sufficient time. Jeff Walker asked if all of the work had been completed in relation to the drainage. Mr. Wiltiams stated that the only work that had not been completed was the construction of a headwall, but they were purposely waiting to complete the headwall until the subdivision had been approved: however, the headwall is on offsite property. so it should not be an issue in relation to plat approval. Jeff Walker asked Travis if he would like the opportunity to make a final inspection. Travis explained that he typically likes to see all of the work completed when conducting the final inspection. The last inspection that he made was on Friday, August 9, 2002, and they were working on the headwall at that time. He did not see it completed but advised that he would like to see it completed upon final inspection which is a normal request. Mayor Dunmire explained that if and when the subdivision is accepted, Council will require that each lot have a geotechnical study performed on a lot by lot basis to insure that none of the lots are built on the old quarry site. Such studies are in accordance with the current building codes. He stated that Councll does not intend to be contrary to the development and would very much like to see It become part of the Town. He requested that the final plat be resubmitted identifying the lots that will not be built upon and noting that they are part of the drainage area., Ed McRoy explained that this request would not require additional approval, but the Staff will need to see it drawn as -such. Ir 1, Mayor Dunmire requested that Dan Dowdey define the term "pre -project conditions" as used in relation to the studies and state why the rock quarry was not a viable consideration in his analysis. Furthermore, Mayor Dunmire asked that the definition be submitted to the Council and Town 'Engineer in writing. The definition would be helpful in providing the Council with a dear understanding of the hydraulic studies. Dan Dowdey advised that pre -project conditions meant "before marls hands touched it". He explained that he could not possibly calculate a drainage study based on a rock quarry being in the area at one time. He also indicated that the Town's subdivision regulations did not require that the quarry be considered. Kirk Williams indicated that the Town should be responsible for defining pre -project conditions. Mayor Dunmire stated that since Dan Dowdey`s signature is on the report, he should be the person responsible for defining "pre -project conditions" as it pertains to his report. Dan Dowdey agreed to provide a written definition and forward it to Travis Roberts. Mayor Dunmire requested that the quarry issue be addressed in the definition. Kirit Williams asked Travis Roberts to state whether Preston Lakes had met all of the requirements set forth in the Town's subdivision regulations. Mayor Dunmire requested Travis' recommendation. Travis stated that the plans were in accordance with the drainage criteria established in the Town's Ordinance; however, the plat did not meet all requirements of the subdivision regulations because it does not indicate the lots that are not going to be permitted for building. Until the plat is re -drawn with the elimination of these lots, Travis would not recommend approval. Rebecca Brewer confirmed that the Council requested a report be tendered by Mr. Dowdey in regards to the meaning of a term. Mr. Dowdey's definition of the word, as used in his report, is important in understanding the meaning of the report. Mr. Williams disagreed. She asked that Mr. Dowdey indicate, in writing, why the quarry was not a valid reason to consider in relation to the drainage studies. Mr. Dowdey stated that there is no logical way that he could determine the past presence of the rack quarry. Rebecca explained that It that was hls reason, then that is what she wanted to see in writing. Mayor Dunmire tabled final acceptance of the Preston Lakes Subdivision until the Council's Regular September Meeting, subject to the requested information being adequately provided to Travis Roberts within a sufficient timeframe, and Travis Roberts' final inspection of the subdivision. Council requested that the information be provided to Travis no less than 14 days prior to the September 10, 2002, Meeting. Rebecca Brewer requested subsequent information be provided to her firm and the Town Staff as well as Travis. Travis advised that he would provide Staff a letter regarding his final inspection within 2 working days after receiving the requested information from Preston Lakes. No action taken. Item tabled. 12,DiscussJon and ibl +ioner oardina the drainage around thg Church Street and Seventh 5treet iafe Mayor Dunmire invited Travis Roberts to address Council regarding the drainage studies conducted around the Church Street and Seventh Street area. Travis presented Council, referring to a written report provided to them in Council Packets prior to the meeting. Three alternate plans and costs were presented ranging from $95,256.00 to $186,153.00. Travis advised that due to the extent of the study, Council should consider a future work session to discuss the alternatives in more detail. He advised that he could not address whether making these drainage improvements would be cost beneficial to the Town. Mayor Dunmire agreed with the idea of a work session, which would provide Council an opportunity to more thoroughly study the altematives as well as the possibility of doing the improvements in phases due to the extreme costs involved. Travis agreed that it may be a good idea to phase the project. Mayor Dunmire challenged the Council to study the report provided by Travis, as well as overall surface drainage issues throughout the entire Town. Ane Casady stated that she resides at the southwest corner of Church St. and 7'" St., and the ditches around her property actually belong to the Town. She indicated that she could provide Council with a survey showing such but did not have the survey available at the meeting. Travis recommended Coungil have a title company do research on various properties throughout the Town before moving forward with the surface drainage studies. Mayor Dunmire tabled the action regarding the drainage around the Church Street and Seventh Street area. No action taken. L Consideration qcbedulgd fg( _..esda-, SAUJambef 17 7nn7 in the ProsngL High School Cafeteria. Mayor Dunmire advised that the Council is trying to set the meeting at a strategic time and may be required to ask that the Planning & Zoning Commission reschedule their Regular Meeting in September. Motioned by Michael Perry and seconded by Russell Kaker to officially set a Town 'Hall Meeting scheduled for Tuesday, September 17, 2002, at the Prosper High School Cafeteria, Motion carried. Vote 5 to 0. REPQRTS / DEPARTMENT ITEMS 14, it t], aaMgnt Resort. Chief Tucker was not present to address Council. A written report was provided in Council Packets prior to the meeting. 15, po ire UepaaMjDLR== Chief McFarlin presented Council with the Monthly Police Department Report. A written report was provided to Council in their packets prior to the meeting, He updated Council on the hiring of the 2 additional police officers and advised that they etre currently checking into an additional reserve officer. Michael Perry recommended that Council set for discussion the need for future additional/new police facilities on the Town Hall Meeting Agenda. 1§41,1-Lej�D_C. Renort EDC Chairman Jim Herblin was not present to address Council. 1 a. a ectinn tnaward hid for the officiai deoository of the Pronger Economic Development Committee, Janet Philips explained that many of the EDC members have been on vacation; therefore, they have not had the opportunity to review the bids for the EDC's official depository. The Prosper State Bank and Celina Bank both submitted bids. Mayor Dunmire tabled the item to provide EDC adequate time to review the proposals and advised that the item would be set for action no later than the Council's Regular September Meeting. No action taken. ..a...An.. ..:1W:ah.. RA--fkh, DnLP Dr , h• u1'. Parks R:ggSpreSerRVU �Uuiwo itwo,ou..acre.-.,:nn Repnrt. D iHenn:: Council Packets prior to the meeting. • • nrr• nv•i• rlcri in ^__onsidag Linn and nosatbia avian on the annnintment of a new member to the Parks & Recreation_ Committee to fill the reMaininaJOEM. exa rig _ ril Z 2004�gjNpMpgEIle Hili. Darin Riggs presented Council with a list of qualified candidates recommended to fulfill the remaining term of Natalie Hill. The list was compiled of 2 candidates, Michelle McBride and Amy Drown. Darin recommended appointing Amy Drown to fill the alternate position and Michelle McBride to fill the remaining term of the vacated position. Motioned by Larry Tracey and seconded by Jeff Walker to appoint Michelle McBride to the vacated Parks & Recreation position and Amy Drown to serve as alternate for the Parks & Recreation Committee. Michelle McBride will serve the remaining term of Natalie Hill, expiring April 2. 2004. Motion carried. Vote 4 to 0. Charles Niswanger not present for vote. 17_h. &ilion on the approval of Main Street Park Phase ll. Darin Riggs presented Council with a request for authorization to begin the Main Street Park Phase II Project. The scope of the project will be to correct the drainage on the North and South ball fields, augment the existing sprinkler system, purchase and install a lightening detection system and add security lighting. Darin recommended that Denny Dixon perform the work to the ball fields. He explained that Mr. Dixon is highly recommended and has performed work on PISD's softball and baseball fields as well as several fields in Plano and Frisco. Mr. Dixon is a baseball coach at Brookhaven Junior College and regularly works on the college fields. Darin felt confident that Denny Dixon will do an excellent job. Mayor Dunmire asked if the Parks & Recreation planned to obtain competitive bids for the job. Darin agreed to do so if that was the desire of the Council but highly recommended that Denny Dixon be awarded the job. Mayor Dunmire stated that the Town is required to obtain bids for purchaseMobs over $25,000 and given that Mr. Dixon's bid was for $9,250/field, competitive bids would not be required. Michael Perry questioned if the Droposed work would solve their ongoing problems at the fields. Darin explained that it should greatly reduce maintenance; however, it most likely would not provide for zero maintenance. Motioned by Larry Tracey and seconded by Jeff Walker to approve the project known as Main Street Park Phase II, with funding for said project not to exceed $24,000. Motion carried. Vote 5 to 0. 17-t- Actino on annirgyal of Eagla Scout Proieg;L Darin Riggs presented Council regarding a request for approval of an Eagle Scout Project at Main Street Park. The Eagle Scout is a young man names Colton Kinney who presented the Parks & Recreation Committee with a request to build 2 pavilions at Main Street Park. Darin apologized to Council, as Colton Kinney has already proceeded with patiring the concrete slabs for the project. He explained that there had been some miscommunication, and the project began before formal approval could be made by the Council. The project will be of no cost to the Town. Darin presented Council with details of the design which did not include any electricity. He felt that the pavilions will serve as a great addition to the fields. Darin explained that. Parks & Recreation Member Bob Jameson has agreed to be responsible for overseeing the project. Bill Little will perform inspections on the project to insure that everything meets building code. Motioned by Charles Niswanger and seconded by Larry Tracey to approve the proposed Eagle Scout Project. Motion carried. Vote 5 to 0. 18- R AAss joto FxarutlyA Cession in camnilaring with Se .tion 551_QQ1 et. ssen.. Texas Ggvprnme t .ode_ to wit' Consideration regardina the possible hiring of additional_firefiahteTLp4;T me les_ Mayor Dunmire adjourned into Executive Session at 12:02am. 19Reconyone Into Regular Session to take env scion esult of the Fxactitive Ses,lon Mayor Dunmire reconvened into Regular Session at 12:20am. Motioned by Lary Tracey and seconded by Jeff Walker to authorize Chief Ronnie Tucker to accept applications and begin interviews for the hiring of 3 additional firefighterlparamedics. Final authorization of the hiring will require action be taken by Council at a future meeting. Motion carried. Vote 5 to 0. 20. Adiourn_ Mayor Dunmire adjourned the meeting at 12:25am. J,k 1 4* Ta#r Jim Dunmire (Vl4aL - I- h - L —A &4 Town Secretary Amber Phillips