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09.30.2002 Town Council Minutes SpecialSpecial Called Meeting of the Prosper Town Council First Baptist Church Youth Building 601 S. Church St., Prosper, 7X Monday, September 30, 2002, 7.00pm 1. Call to order] Roll Call. Mayor Dunmire called the meeting to order. Council Members Present: Mayor Jim Dunmire, Mayor Pro - Tem Jeff Walker, Charles Niswanger, Michael Perry and Russell Kaker. Larry Tracey was not present. Also Present: Town Administrator Jennifer Finley, Town Attorney Richard Abernathy and Town Secretary Amber Phillips. 2. Ar, tion to adol2t Ordinance No. 02-12providing for the voluntary annexation of 44.163 acresf land, more or less I c in the Collin County School Land Survey, Ab5tract No. 147,Collin Co s an ing generally describedd a the northeast corner of SH289 and QR78L,Mayor Dunmire asked the council if they had any questions regarding the issue. No questions were asked by the Council. Charles Hodges, applicant representative, addressed the Council to clarify that they wished to have application for annexation be conditioned upon the zoning. Mayor Dunmire explained that the annexation ordinance must be adopted before Council can vote on the zoning. Motioned by Charles Niswanger and seconded by Jeff Walker to adopt Ordinance No. 02-12, providing for the voluntary annexation of the property. Motion carried. Vote 4 to 0. 3. PUBLIC HEARING to consider the proposed rezoning request of 44.1¢3 acres of land more or less, located in the Collin County School Land Survey, Abstract NO 147, Collin County Texas and beinci clenerally described a -s located at the northeast corner of $H289 and CR78, to Planned Development District (PD) for retail cornmierglgl and relat9duses ul2on gnnQAa ion. Mayor Dunmire opened the public hearing at 7;05pm and invited Planning & Zoning Co -Chairman Mike Wadsworth, 625 Creels View Drive, to speak to the Zoning of the property. Mr. Wadsworth addressed the Council and stated that the Commission had worked with the applicant. They held the appropriate public hearings, and the Commission considered the Master Plan in working with the applicant. He felt very strongly that the proposed Planned Development will give the Town the control and tools they need for a productive development. He explained that the Commission supports the project and unanimously recommended the approval of the rezoning ordinance and the planned development agreement. Mayor Dunmire invited members of the audience to speak on behalf of or against the proposed rezoning. Bill Haney, 860 Wilowgate Drive, addressed the Council and stated that he was disappointed to see this development encroaching on the Willow Ridge neighborhood. He asked the Council to consider some type of landscape barrier to limit the effects that a shopping center with 24-hour lighting will have on the Willow Ridge neighborhood. Troy Tucker, also a Willow Ridge resident, explained that his family moved to Prosper for the rural environment and felt the development will be in their "backyard"; therefore, he requested Council consider including some type of buffer zone. He was also concerned with the issues of lighting and increased traffic. Marty Edwards, 860 Willowgate, stated that the property owners adjacent to the land had not seen any schematics identifying the position and layout of the development on the property. They had not seen any designs for traffic control at the intersection at SH289 and CR78 and would like to see if a buffer zone is included in the planning. Mike Wadsworth stated that the Planning and Zoning Commission saw a number of renderings regarding the placement of the pads and grocery store on the property. Mayor Dunmire explained that the development will be required to come before Council in the platting process for both Preliminary and Final Plats, and the developers will have to address the entrance/traffic issues during that process. Mr. Dunmire also explained that for safety reasons, the developers of the property contributed a portion of the money to help fund the CR78 widening project. Rick Cowens expressed concern that the Town did not have a commercial zoning ordinance to address retail developments. He asked Council to address issues such as 6 -ft berms, trees, etc. in the planning process. He explained that the Town should develop an ordinance immediately to address these issues. He would also like to see other new ordinances to address commercial developments. Mayor Dunmire closed the public hearing at 7:20pm. 4. Action to adopt Ordinance No. 02-10, rezoning a tract of land concisting of 44 163 acres of land more or less located in the Collin County School land Survey. Abstract No, 147, Collin County Texas and being generally descri a locgted a the northeast corner of SH289 and CR78. to Planned Development District (PD1 for retail commercial and related uses ungnn Aanexation.. Motioned by Charles Niswanger and seconded by Russell Kaker to adopt Ordinance No. 02-16, providing for the rezoning of the property. Motion carried. Vote 4 to 0. 5. PUBLIC HEARING to confider and possibly act upon granting a request presented by theProsperIndependent School District PISD] for a variance from Prosper's Comprehensive Zoning Ordinance No 84-16 of amended by among others. Ordinance No. 99-24, Section 2A Subsgction 1.9.1 QSterior Wall§). authorizin_q thge of walls DaEtially corniposed of metal rnaterials f r a new field h use and Practice facility, The 5ubiect Prol2ertyis locatedgast of-5US289 20 the!QIJErenj site h Prosper Hirth School in Pro§per. Texas, Mayor Dunmire opened the public hearing at 7:21 pm and invited interested parties to speak to the issue. al L, o., Rick Cowens addressed the Council and explained that his school taxes that were paid to the school were to construct a building of 100.% brick. Mr. Cowens further stated that the School Board did not show up at meetings held by the Planning and Zoning Commission. Chuck Stuber, School Board President, stated that the building was never intended to be all masonry. He said that the school district was in a difficult situation as they are stewards of public money. They are constructing a building that they are very proud of and feel that it blends well with the High School. The school board could have allocated more money for the construction of masonry materials but felt it more appropriate to spend the money elsewhere. The school district would like to resume construction immediately and move on with the issue. Mover D inmira rincari tha ntthlir. haarinn at 7-97nm- Mayer Dunmire adjourned into Executive Session at 7:27pm, in compliance with section 551.071 of the Texas Local Government Code, to consult with Town Attorney Richard Abernathy regarding this issue. Major Dunmire adjourned out of Executive Session and reconvened into Regular Session at 7:58pm 6. Conr2ideration andi action t ve a reguest prgggnt@d by the Prosl2er IndependentSchool District fPl5Q1for a ante froM P 's Compre-h-ensiMe Zoning r in n No. 84-16amended by,aWongother i 99n2_4, S 2A. Subr2ection 1. .1 (Exterior W Its authorizing of wal[s_12artipllycomposed-2f metal m griew field hou and l2ractice facility- The sub'sub'ect Pro erty is located s f B S289 on-th-g purrent site of the Prosper High Scho.91 in Prospgr,Motioned by Jeff Walker and seconded by Charles Niswanger to table the agenda item, as agreed upon by the school board. Motion carried. Vote 4 to 0. 7. PUBLIC HEARINGr the purgojgf amending 1heown of Pr r h e ive Zoning rdinanc84-16, specificafiv relating to the_sgpAion regarding signs. Mayor Dunmire opened the public hearing at 8:02pm. Michael Perry asked for a summary of the changes to the ordinance for the benefit of the audience. Mayor Dunmire deferred to Code Enforcement Officer Bill Little, who gave a brief description of the changes. Bill explained that the Items being amended within the ordinance are the placement of temporary signs by builders, real estate agents, etc. Builders will be E— SIV-1-1•10-c .�. ent i.., a.,a ..,,tom d: ,.f th^. `T J �., 4 , fvr cMio" chine in unhirla�c not nn Ilfrllleg [❑ 4 �Igl}S pet l]CVell`J�iFt�i it vVdii til t il�tc 1_ t �. Hraet�ci i tc� ii uy vu��u�� � .,.. .. ..., � �..� • personal residential property, with the exceptions listed in the ordinance, will be prohibited. The ordinance is written such that a variance can be requested. Mayor Dunmire explained the intent of a variance. Jennifer Finley clarified that with the adoption of the ordinance, the sign regulations will be removed from the Comprehensive Zoning Ordinance and be an independent ordinance. Ms. Mullendore questioned the churches' signs within Prosper. Mayor Dunmire explained that any church organization that made application for sign permit prior to the adoption of the sign ordinance was grandfathered, and the Town will not force the owners to remove the signs. Janet Phillips explained that the Methodist Church sign was "grandfathered" (not permitted), and the church was instructed to remove the sign or be assessed fines for non-compliance. She further stated that someone from the Town told the church that they could put the sign back up. Mayen Dunmire asked that Janet work with the Code Enfarcemertt Officer on the issue. Darin Riggs asked about criteria for special event signs. Bill Little responded that the language refers to events occurring on private property. Mr. Riggs asked if Garage sale signs were allowed and if people would be allowed to place signs in the windows of his cafe. Bill stated that would not be allowed; however, Mayor Dunmire advised that non-profit organizations placing special event signs are allowed per the ordinance, including school events. Special coordination will be required with the Code Enforcement Officer. Charles Niswanger asked for clarification regarding "for sale" signs on vehicles. The ordinance states that a vehicle must be at an occupied single-family house and prohibits vehicles from setting on commercial and/or undeveloped property with "for sale" signs on or in them. This will help keep the Town from 'looking like a used car lot". Mayor Dunmire closed the public hearing at 8:22pm. 8, Action to adol2t Qr0in-anceNo-0 2-2 , adonting lLqn regulations, amending c i n 13 (sign r l om r hen ive ZL)ning ordinance No. 84-16 by deleting said section, repealing ar 'n p No. 9 regulating th height, number of signs, size n l m o of sions to be located Wilhin the Town limits r its Ext[aterritorial Jurisdiction providing uniform regulations for the different classes of signs. Motioned by Jeff Walker and seconded by Russell Kaker to adopt Ordinance No. 02-25. Charles Niswanger opposed. Motion carried. Vote 3 to 1. 9. Action to adgl2t Interlocal Law Enf9rcement Servicear e n specifically relating to, the CQ11inChildren's Advocacy Center. Ms. Finley explained that the agreement was adopted by many other cities in Collin County, and Police Chief McFarlin requested that the Town enter into the same agreement. The service will free up time for the Prosper Police Department by giving Collin County the jurisdiction to investigate child abuse cases in Prosper. The annual cost is $3,810.81, which is a 2002-2003 Police Department budgetary expense. Motioned by Russell Kaker and seconded by Charles Niswanger to adopt the Interlocal Law Enforcement Services Agreement. Motion carried. Vote 4 to 0. 10, psi 1 r n n N. 02-36, repealing Ordinangg No. 01-16, abpIlEhingh l nein Zoning Commi lion. Mayor Dunmire explained that after a great deal of discussion between the Council and three representatives from the Planning and Zoning Commission, the Council decided to abolish the Planning & Zoning Commission. In the midst of the Master Plan Project, the Council will more clearly define the roles, guidelines, instructions and communication for the future re - 2 establishment of the Planning and Zoning Commission. Mayor Dunmire advised that the Council has set aside the 3r1 Tuesda�)664 month to work with developers on Planning and Zoning issues. The Council was very excited when the Commission was created but now feels that some issues need more detailed clarification, Commissioner Ane Casady stated that the proposed abolishment was never discussed with her, Erica Kruckenberg or Janet Phillips (aftemate), and she was very upset. Mayor Dunmire explained that they had discussions with 3 members of the Commission, as well as with Ane after a Council meeting. Ane explained that this may have been one reason for the communication problem between the Commission and Council. Jeff Walker agreed that the Council did not communicate their expectations for the Commission in an effective manner. With all of the current infrastructure issues, the abolishment seems to make sense at this time. The Council stated their desire is to reinstate a Planning & Zoning Commission at some point in the future. Mr. Walker thanked the Commissioners for all of their time and expressed great appreciation for all of their hard work. Darin asked for an explanation of the relation between the Master Plan and the abolishment of the Planning & Zoning Commission. Mayor Dunmire explained that the Master Plan would not be finalized until after the beginning of 2003. The Master Plan Committee has defined multiple zones with altering densities and potential development for the zones. The Commission does not have that information readily available to them on this plan. Bill Sterling, 1511 Riverhill, asked for additional reasons why the Commission was being abolished. He felt that the Commission is critical to planning for the community. Jeff Walker gave further clarification and explained that future development cannot come into place until the infrastructure issues are addressed. Janet Phillips explained that several Commissioners had been very active in the Master Plan and are very knowledgeable on issues regarding infrastructure. She did not feel that the communication problems were as serious as Council had stated. She did not understand why the Commission could not be a partner in the process of defining guidelines. Mayor Dunmire explained that most likely in the next 6 months, the Council will work as one body with developers and work at providing a framework for a new Planning & Zoning Commission. He did not feel that the Commission failed because of lack of effort, but because the Council failed to provide a framework, direction and better channels of communication. Rick Cowens stated that the Council did not listen to the Commission. Michael Perry disagreed. Jeff Walker also disagreed and stated that they had supported everything that the Commission had done. Mr. Cowens explained that there were several issues where "the P&Z threw their hands up and passed it on to the Council to make the decision". Motioned by Jeff Walker and seconded by Charles Niswanger to adopt Ordinance No. 02-36, repealing Ordinance No. 01-16, abolishing the Planning & Zoning Commission. Motion carried. Vote 4 to 0. 11. Action i -2003 BudaRt. Mayor Dunmire explained that the actual public head ng for the 2002-2003 Budget was held on September 16, 2002, however, he would provide citizens another opportunity to speak on the budget if they desired. He asked that all citizens speak in compliance with the Town's time -limit ordinance, allowing each person 5-minutes/each to speak. Rick Cowens defined the term "budget" and stated that the Council did not do enough research in preparation of the budget. He read a quote by Michael Perry from an article published in the Eagle Talon. Mr. Cowens felt that there is no "pro -activity" in Prosper, and Council should "live within their means". After reviewing the budget, he felt that too many numbers were rounded -off. He felt that the $0.36 property tax rate was chosen first, and the budget was worked backwards from that number. He felt that the budget had too much of a surplus. Mayor Dunmire advised Mr. Cowens that his 5 -minutes were up. Ane Casady asked what would happen in the event of a rollback. Ane also asked why the most important person who worked for Prosper, Radean Herron, was not budgeted for a raise. Charles Niswanger explained that the Town contracts with the school, and the school sets her raises. The Town had not received any requests from the school district as to an increase in pay for Mrs. Herron. Council explained that they do have the ability to amend the budget after it has been adopted. Janet Phillips addressed Council and stated that in this era of economic down -turn, she does not understand how the Council could entertain salary increases for Town personnel. She felt that proposed increases were above her comprehension and asked for an explanation. Michael Perry explained that the Town competes with other cities from a "pool of employees". Mr. Perry explained that historically, the Town had paid below market rates for employee salaries. He then asked Town Administrator Jennifer Finley to help explain how they arrived at the proposed salary amounts. Jennifer Finley explained that even with the proposed salary increases, many employees will still be below the average paid by other cities similar to Prosper. Ms. Finley stated that she regularly reviews salary surveys provided by the Texas Municipal League (TML), in addition to employee performance, when making salary recommendations. Mr. Perry explained that the goal is to attract and retain top quality employees. Mayor Dunmire explained that equal jobs should have equal pay, regardless of the city in which the employee works. Just because Frisco is larger, it does not mean that their employees are expected to perform a different type or quality of work. The Council hopes to attract employees of quality. He explained that if they began at a very low base salary, then they would have trouble attracting quality employees. Mayor Dunmire further explained that every area of the budget had been trimmed by the budget committee which was made up of people with financial backgrounds, many who had worked on several past budgets. Mayor Dunmire spoke in opposition to an earlier statement made by Mr. Cowens and clarified that the budget committee did not work backwards. Joy Stroud, 1640 Gentle Way, concurred with Rick Cowens and requested that her 5 -minutes be passed on to him. Mr. Cowens stated that the Police Department Crime Prevention fund was too high and would like to see a significant decrease in crime prevention. He furthergtfleil -I4 Town employees should live in Prosper, as the Town staff consists of policymakers that do not pay Prosper taxes. He advised that he too conducted a salary survey and stated that his findings indicated that the Town was overpaying people. Greg Thorson, 1640 Winding Creek, concurred with Cowens and asked the Council to take Mr. Cowen's work into consideration and use Mr. Cowen's budget proposal. Herk Rainey, 1251 Chandler Circle, concurred with some of Cowens comments with a few exceptions. He advised that comparing Prosper's tax rate to Allen's was unreasonable as Prosper does not have facilities for parks, activities, etc. like Allen. He asked Council to practice due -diligence in regards to employee salaries. Joanne Slaven stated that she is a single mother, works for World -Com and has not had a raise in 2 years. She failed to understand how the Town could justify a tax increase when there are a number of homes being built that will provide additional income to the Town. Mayor Dunmire explained that there is an increased tax base, but there is also an increase in responsibility and expenses with Town services. The Town needs to "catch up and get current" and keep from getting behind again. In order to maintain and provide a high level of services to its residents, the Town will be required to maintain the current tax rate. Ane Casady asked if the Town was paying Police Chief McFarlin to work additional jobs. Mayor Dunmire advised that when Chief McFarlin is off duty in Prosper, he has the right to work elsewhere. If called upon on a critical issue, the Mayor felt that the Chief would respond even if it was during his off -hours. He is not required to stay within the ETJ 24 hours a day/7 days a week. Mayor Dunmire explained Ms. Casady's concern was a personnel issue, and Council would address it at a later date. Charles Niswanger further explained that Chief McFarlin and Captain McHone each work 50 to 60 hours per week. Darin Riggs presented Council. He advised that he loves Prosper and could not think of a better place to live. He could not understand why the Town was in such a hurry to "grow up". He advised that any lack of services (fire, poiice, health inspections, code enforcement, etc.) was not a reason why people would choose not to move to Prosper. He moved to Prosper because of the "feel". He felt that some of the changes could possibly have an inkling of negative effects. If taxes are rolled back then there is less revenue and less money to spend. _ _ �u.y. �i ccnovnvi auin, c�.4w awa Naa �uLc �On. n�7� 70n 1.3...,4 -y-+ — + •+. el t hnrlcc nlicna-n••naa_r. n_.n.r_l Riccall Motioned dyM•c•dei reifyand Jc--nuJed ..____.. Kaker abstained. Motion carried. Vote 2 to 0. Russell Kaker explained that he abstained because he did not agree with some of the budgeted items; however, he did not understand all of the reasoning behind some of the items with which he disagreed and failed to take the opportunity to attend the Budget Committee meetings for clarification. He apologized for his lack of understanding. Charles Niswanger explained that he abstained for the same reasons. Cowens questioned whether a quorum was present. Town Attorney Richard Abernathy clarified that yes, a quorum was present. Motioned by Charles Niswanger and seconded by Russell Kaker to revisit the motion. Motion carried. Vote 4 to 0. Motioned by Michael Perry and seconded by Jeff Walker to approve the 2002-2003 budget as presented. Russell Kaker and Charles Niswanger opposed. Mayor Dunmire was required to break the tie and voted in favor of the budget. Motion carried. Vote 3 to 2. 12 Action on adoption of 2002-2003 Properly Tax Rate. Motioned by Michael Perry and seconded by Jeff Walker to adopt the tax rate of $.36 per $100 valuation for the tax year of 2002-2003 as follows: $0.244698 for the purpose of Maintenance and Operation and $.115302 for the purpose of Principle and Interest on Debt. Charles Niswanger opposed. Motion carried. Vote 3 to 1. 13. Adjourn, Mayor Dunmire adjourned the meeting at 9:31 pm. i M or Jim Dunmire i Town Secretary Amber hill s M