09.10.2002 Town Council MinutesMinutes
Regular Meeting of the Prosper Town Council
601 S. Church Street
Prosper First Baptist Church Youth Building
Tuesday, September 10, 2002, 7r00pm
1. Call to grderlRo>l Call, , Mayor Dunmire called the meeting to order. Council Members present: Mayor Jim Dunmire, Larry
Tracey, Charles Niswanger, Michael Perry and Russell Kaker. Mayor Pro -Tem Jeff Walker arrived at 8:10pm. Also present: Town
Administrator Jennifer Finley, Town Secretary Amber Phillips and Town Engineer Travis Roberts.
2. invocation. Prayer was given by John Fowler, Pastor of the Prosper Presbyterian Church. After the invocation was given, Mayor
Dunmire recognized the Anniversary of September 111 and encouraged everyone to participate in the Pride and Patriotism event to
be held at the Prosper football field on September 11, 2002.
Chief Kirk McFarlin introduced and welcomed new police officers, David Lightfoot and Brian Nodine, as well as their families.
CONSENT AGENDA
3. Approval of ConsentAgenda. (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 AIC Report.
d. Approval of Financial Statements Ending July 31, 2002.
e. Proclamation declaring the week of September 17, 2002, as Constitution Week.
f. Proclamation declaring October 19, 2002, as the Town of Prosper's Centennial Celebration.
g. Approval of change to Interlocal Jail Services Agreement between the Town of Prosper and Collin County
to reflect an Increase in the basic charge from $55.00 per day to $70.92 per day.
h. Approval of Standard Audit Engagement Letter, directing Tom Pingleton, CPA, to provide audit services for
the Town of Prosper for the Fiscal Year Ending September 30, 2002.
i. Adoption of Ordinance No. 02-26, amending Ordinance No. 02-04, regulating solicitors and handbills.
j. Adoption of Ordinance No. 02-10, providing for the regulation of alarms, the issuance and revocation of
alarm permits and the establishment of permit fees for alarms.
Mayor Dunmire requested Council review the items on the Consent Agenda and opened the floor for questions and comments.
Motioned by Russell Kaker and seconded by Larry Tracey to approve all items in the Consent Agenda. Motion carried. Vote 4 to 0.
COMMENTS FROM CITIZENS
4. Mayor Dunmire invited citizens to speak to the Council regarding any topics not on the agenda and asked that their
comments be limited to 2 minutes each, unless extenuating circumstances exist.
Prosper School Board President Chuck Stuber introduced the new superintendent of Prosper Schools, Drew Watkins,
and William Rushing, previous Prosper School superintendent. Mr. Stuber expressed concern regarding a lack of
communication between the School Board and Town Council. He stated the school district is presently mid -stream in
the construction of a new school facility, and they have already obtained a permit for the facility; however, they have
been advised that the facility will require a variance from the Town's Zoning Ordinance due to the material being
attached to its exterior. The variance was previously denied by the Planning & Zoning Commission and the Town
Council, but he asked that the Town reconsider the request at a future meeting so as not to disturb the construction of
the school's new facility. On behalf of the Prosper School Board, Mr. Stuber publicly renewed their commitment to the
Town and the flow of communication between the Town Council and School Board.
Diana Smothermon, 6331 CR26, presented Council regarding a traffic hazard near the Prosper State Bank and the
Prosper Elementary School. She advised the problem occurs during afternoon hours when school is released as people
are parking along the sides of the streets. Ms. Smothermon requested the Council begin working with the school district
to alleviate the problem. Mayor Dunmire requested Chief McFarlin address the issue. Chief McFarlin agreed with Ms.
Smothermon's observation, advised that a possible solution would be to make the street one-way during school hours
and stated that he would begin work on creating an ordinance allowing the enforcement of such.
UAIYdobe.l, Prosper developer, presented Council regarding the actual procedures that are currently being followed in the
Master Plan process. First, he explained that the Master Plan Meetings begin with a general meeting that later breaks
out into approximately 5 or 6 groups to discuss ideas/opinions/concerns/areas of importance and finally joins back into
the general meeting for individuals to speak on what items of group discussion they deemed most important. At the last
Master Plan Meeting, the groups joined back into the general meeting and began sharing areas of importance, and Mr.
Jobe noticed that almost every single person expressed open drainage and asphalt roads as areas of importance. Mr
Jobe explained that he could not understand how 100 people could share the same ideas about open drainage and
asphalt roads without the idea being "pre -ordained" by Mesa. The issue of asphalt roads and open drainage did not
.,t all in his nrnl In I lntil n Unen ranracantntiva threw it nl It AR an "mea" Next Mr. Jobe expressed his concerns
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with the traffic consultant's recommendation for the redirection of Preston Road. After listening to the presentation, Mr.
Jobe called TXDOT and asked about the steps involved with abandoning a State Highway. Mr. ,Inbe found that the first
step requires that 100% of the property owners adjacent to the proposed portion of the highway to be abandoned sign a
petition to accept the abandonment. Mr. Jobe explained that many more steps follow this, but the last step in the
process requires the Governor of the State of Texas to sign off on the deed. Mr. Jobe stated that Mesa made it sound
as if abandoning part of Preston Rd. would be a simple process and never once mentioned the detailed process as
explained to him by TXDOT. Finally, two years ago when Mesa was trying to get the project with the Town, one of their
representatives stood in the old Council Chambers and suggested the idea of re -aligning Preston Rd. This was before
any meetings, had been held with citizens to get input; therefore, he found it hard to believe the idea of re -aligning
Preston Rd., which if the key factor in their entire plan at this point, was an idea that came from the ideas of citizens.
After citing various examples, Mr. Jobe stated the Town was wasting their money on the project by going through the
drawn-out process of citizen input as Mesa had most likely completed the plan and would not be willing to change it
based on citizen input. He advised that he previously witnessed the same type of work by Mesa with the Master Plan
Meetings in the cities of Flower Mound and South Lake. Finally, Mr. Jobe advised that Mesa needs direction from the
Council now, not upon completion of the Plan
Mayor Dunmire stated that iii of the citizen iriput ilial is Cunactau is basically a VJialI-IIJI VI IdGQJ, and l,lucll ll,;,rc v.a„l.
will go into the plan prior to the final report.
REGULAR AGENDA
5. Consideration n i le action on;
a. Approval to enter into a Compromise, Settlement and Release Agreement between the Town of Prosper and
TXU for an increase in Franchise Fees for Prosper from 2% to 4% annually;
b. Adoption of and ordinance amending the existing electric franchise between the Town of Prosper and Oncor
Electric Delivery Company to provide an effective date and providing for acceptance by Oncor Electric Delivery
Company; and/or
c. Adoption of an ordinance amending the existing gas franchise between the Town of Prosper and TXU Gas
Company, to provide for a different consideration and to authorizes the lease of facilities within the Town's
rights-of-way; providing an effective date; and providing for acceptance by TXU Gas Company.
Steve Matthew, TXU Representative, addressed Council regarding Regular Agenda items 5.a. through 5.c. Mr. Matthews explained
the terms surrounding the compromise agreement, explaining that the lawsuit has been settled. He stated that the Council may adopt
the ordinances as proposed by TXU and Oncor or they have the option of making various changes throughout the documents. He
advised Council that they had a "menu of choices". As of September 9, 2002, 200 out of 539 cities had the item set on agendas and
had taken action to adopt the ordinances.
a. Motioned by Michael Perry and seconded by Jeff Walker to enter into a Compromise, Settlement and Release Agreement
between the Town of Prosper and TXU. Motion carried. Vote 5 to 0.
b. Motioned by Larry Tracey and seconded by Jeff Walker to adopt the ordinance amending the existing electric franchise
between the Town of Prosper and Oncor Electric Delivery Company and including a 4% charge on discretionary items. Motion
carried. Vote 5 to 0.
C. Motioned by Russell Kaker and seconded by Larry Tracey to adopt the ordinance amending the existing gas franchise
between the Town of Prosper and TXU Gas Company and increasing franchise fees from 2% to 4%. Charles Niswanger opposed.
Motion carried. Vote 4 to 1.
6. gonsideration and aossibieaction gn the acceptancethe in I Pli2l and final n f the subdivisi-Qn kn w as
Preston Lakes Applicant representative Kirk Williams, 5400 Renaissance Tower, presented Council respectfully requesting
acceptance of the Preston Lakes subdivision.
Mayor Dunmire requested Town Engineer Travis Roberts present Council. Travis referenced two letters dated August 23, 2002, a
September 3, 2002, regarding acceptance of the subdivision. He recommended to Council that the construction complies with To\
ordinances and the drainage is above and beyond the requirements set forth in the Town's ordinances. He explained that he had
been informed that additional excavation occurred at the subdivision site within the past week, and additional materials were found
and removed and compaction reports performed; however, he had not been provided with copies of the compaction reports to date.
2
He stated that additional testing may be required by the Town to identify any foreign materials beneath the proposed foudations. of
homes.
irk, ie,. `.I
Mayor Dunmire explained that he was aware that various materials had been removed and replaced with compaction materials.
Steve Leonard, Lenar Representative, presented Council regarding the excavation. He gave explanation regarding the preliminary
and final soil reports and identified the lots that had been bored; furthermore, he presented reasons why the excavation took place
and advised that they had reports available.
Dan Christie, adjacent property -owner, presented Council. He stated that Travis Roberts is the "best there is" but asked what will
happen if the drainage plans do not work. He asked if he would have any recourse should he get flooded again. He presented
Council with an aerial map of the area that had been taken when the rock quarry was stili there.
After reviewing the aerial map, Travis stated that he had given his best recommendation, and his considered belief was that the
methods used to calculate the drainage studies were widely accepted and were performed in a proper manner; however, he could not
promise anything but felt that the probability of Dan getting flooded by a 100 -year storm was minimal. Mr. Christie stated that he did
not have a problem with reasonable water draining on property, but he did not want to get flooded.
Motioned by Larry Tracey and seconded by Russell Kaker to accept the Preston Lakes Subdivision based upon the recommendation
of Town Engineer Travis Roberts. Michael Perry opposed. Motion carried. Vote 3 to 1.
For the record, Steve Leonard stated the wall between Preston Lakes and Mr. Christie had not been completed to date but assured
Council that it would be completed very soon.
7. Dis ussior and possible action approvincincrease in fes (including. ut not limited t Q. r ewer rate buildin
ins eetionspermits and zoning applications) and authorizing the Town Attorney to am nd ordinances relating uch fess.
Mayor Dunmire asked Council to review the complete list of fees as presented by Town Administrator Jennifer Finley in their Council
packets.
Motioned by Michael Perry and seconded by Larry Tracey to increase water rates and fees as outlined in Town Administrator Jennifer
Finley's recommendation (attached "Exhibit A") effective October 1, 2002, and to review water rates and fees on an annual basis.
Motion carried. Vote 4 to 0.
Motioned by Michael Perry and seconded by Larry Tracey to increase sewer rates as outlined in Town Administrator Jennifer Finley's
recommendation (attached "Exhibit A") effective October 1, 2002. Charles Niswanger opposed. Motion carried. Vote 3 to 1.
Motioned by Michael Perry and seconded by Russell Kaker to accept the recommendation of the Town Administrator Jennifer Finley
regarding building inspection and permit fees (attached "Exhibit B") effective October 1, 2002. Motion carried. Vote 4 to 0.
Motioned by Michael Perry and seconded by Larry Tracey to accept the recommendation of Town Administrator Jennifer Finley
regarding miscellaneous fees (attached "Exhibit C") effective October 1, 2002. Motion carried. Vote 4 to 0.
Motioned by Michael Perry and seconded by Russell Kaker to adopt the development fee schedule as recommended by Town
Administrator Jennifer Finley (attached "Exhibit D") effective October 1, 2002. Motion carried. Vote 4 to 0.
8. Consideration and possible action on adoption of Ordinance No. 02-32 adopting the Rules of the Texas Board of Health.
Title 25 Texas Administrative Code, Chapter 229 Sections 161 through 171 and 17 hrou h 175 rescri in re ulatian as
amended uovernin food food establishments mobile food units and temp racy food establishments in the Town of
Prosper. Bill Little presented Council with recommendation to adapt Ordinance No. 02-32, adopting the Rules of the Texas Board of
Health and making it effective October 1, 2002. (Mayor Dunmire announced Jeff Walkers arrival at 8:10pm)
Motioned by Larry Tracey and seconded by Charles Niswanger to adopt Ordinance No. 02-23, adopting the Rules of the Texas Board
of Health, Title 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and 173 through 175, prescribing regulations
as amended governing food, food establishments, mobile food units and temporary food establishments in the Town of Prosper.
Motion carried. Vote 5 to 0.
DEPARTMENT ITEMS
9. Action to award bid for the official depository of the Prosper Economic Development Committee. Mayor Dunmire advised
that the Prosper Economic Development Committee presented Council with a written recommendation to move the Committee's
official depository from the Celina State Bank to the Prosper State Bank. He asked that EDC Council Representative Russell Kaker
address Council regarding the bids received as a result of the competitive bidding process. Mr. Kaker explained that bids were
received from the First State Bank of Celina and the Prosper State Bank. The EDC felt the bids were equally the same; therefore,
they recommended moving the official bank depository to the Prosper State Bank. Motioned by Russell Kaker and seconded by Larry
Tracey to award the bid for the official depository of the Prosper Economic Development Committee to the Prosper State Bank,
effective October 1, 2002. Motion carried. Vote 5 to 0.
10. Swearin in of new Parks & Recreation Member Michelle McBride to fulfill the vacant osition for term ex irin
A ri1144 �2 4. Town Secretary Amber Phillips swore in new Parks & Recreation Member Michelle McBride to fulfill the vacant
Committee position for the term expiring April 4, 2004.
A i i yr f i n i W Town
t A min strator Jennifer Finley presented Council with the significant issues addressed in the various department/committee reports
submitted to Council. She stated that the recently ordered police vehicles had not been shipped from the factory, and Chief McFarlin
submitted a 5 -year plan for the police department which will be presented in next week's Town Hall Meeting. She further mentioned
the incident reports included in the Fire Department Report.
Michael Perry asked when the new ambulances will "go live". Ms. Finley advised that the Texas Department of Health will conduct
inspection September 11, 2002, and upon passing the inspection, the ambulances will be placed in service September 15, 2002. S
further addressed Council regarding the status of the Fire Department's new hires. She explained that two candidates had accepte
.l, A,-cf-g .tcrlparame`lic nneitin�e r hiaf Mirkar hnri nreviniicly been authorized to hire three additional firefighter/paramedics but
uic iii u��yiicr..irpu�......... M.,,.,.,... .,. had experienced difficulty securing a qualified individual for the third position. Ms. Finley explained that Chief Tucker received
commitments from volsmteer firemen to work contract labor which will enable them to continue with their plans for 24/7 service.
Jeff Walker requested the Staff provide a report comparing the fire and police departments' budgets to those similar to Prosper.
Mayor Dunmire agreed that such a report would provide insight and asked that Police and Fire Department Staff compile the
requested reports prior to the Town Hall Meeting. Lang Tracey advised that the comparisons should also take into consideration
service area size in addition to population.
Mayor Dunmire advised of a recent presentation he made to the EDC at the request of Council. He clarified that the intention of the
presentation was to address the EDC regarding the Council's desire to begin developing a staff position for a Director of the EDC. He
further explained that the Council and EDC are currently in the process of budgeting for this position, but this does not mean the EDC
Secretary position currently employed by Judy Rucker will be automatically eliminated. A period of "overlap" will most likely occur to
allow Mrs. Rucker the ability to help the proposed director get his/her "feet on the ground". Mayor Dunmire advised that Mrs. Rucker
had not been fired, and her last day is not September 30, 2002. Furthermore, she indicated to the Mayor that her original intentions
were to remain employed through the completion of the Master Plan, and she had considered retirement shortly thereafter. Mayor
Dunmire stated his appreciation for the hard work and efforts of Judy Rucker and advised of the Council's intent to employ her
indefinitely.
12. Adjourn. Mayor Dunmire adjourned the meeting at 9:09pm.
fiAay r Jim Dunmire Town Secretary Amber Phillip