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10.08.2002 Town Council Minutesu G � u Minutes A rowed 11/12/02 Regular Meeting of the Prosper Town Council 601 S. Church Street Prosper First Baptist Church Youth Building Tuesday, October 8, 2002, 7:OOpm 1. Call to nrdpr/Roll Call, Mayor Pro -Tem Jeff Walker called the meeting to order. Council Members present: Mayor Pro -Tem Walker, Larry Tracey, Charles Niswanger and Russell Kaker. Mayor Dunmire was absent. Also present: Town Administrator Jennifer Finley and Town Secretary Amber Phillips. 2. Invocation. Prayer was given by Jack Herron. CONSENT AGENDA 3. AporQval of Consent Agenda. (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. Approve Minutes. b. Approve Bills. C. Approve Radean Herron, Tax AIC Report. d. Approve Financial Statements Ending August 31, 2002. e. Authorize Town Administrator to sign Contract by and between the Town of Prosper, Texas and Southwest General Services of Dallas, L.L.C. for Ambulance Billing and Collection Services. f. Approve Interlocal Cooperation Agreement by and between the City of Richardson and the Town of Prosper for the Cooperative Purchasing of Medical Supplies. g. Adopt Ordinance No. 02-33, Repealing Ordinance Nos. 86-25 and 98-02, Establishing a Comprehensive Fee Schedule and Providing for Water and Sewer Rates. h. Award bids for the 12" water line along CR77 and 12" water line along SH289 and Craig Rd. Michael Perry expressed concern in waiting until January 1, 2003, to make water and sewer rates effective as discussed in the Work Session in regards to Consent Item 3.g. Michael advised that the proposed new rates were actually adopted as part of the budget and by not adopting the increases immediately, Council could risk over-stating budgeted revenues. Mayor Pro -Tem Walker did not feel that waiting until January 1, 2003, would have significant impact on budgeted revenues. He explained that he considered re- Vicitinn tha icci is hPr.AIIRP. of concerns frorn citizens and developers. Michael Perry explained that Council previously asked Jennifer to review the Town's water and sewage rates and compare them with surrounding communities, as it had been a few years since rates had been reviewed. After careful consideration, Council had agreed to increase water and sewage rates based on the foiiowing reasons: 1. to bring water and sewage rates closer to market rates and in-line with costs; 2. to help re -build existing infrastructure; 3. to provide additional revenue for future wells and ground storage; 4. to gradually increase rates to avoid "sticker shock" when surface water is obtained; and 5. to encourage conservation. Mayor Pro -Tem Walker understood Michael's concerns but recommended adopting the ordinance with the water and sewer rates effective January 1, 2002. Michael asked what the impact would be on the budget if Council delayed the increase. Mayor Pro -Tem Walker advised that had not been calculated. Michael recommended Council adopt the ordinance in full, including an immediate water and sewer rate increase, with the understanding that they can re -visit the rates after calculating the impact it will have on budgeted revenues. Michael Perry recommended Council table Consent Item 3.e. as Section II, "Term of Contract" is unclear as to whether it is a one- year or three-year contract. He also felt the contract should read "Town" of Prosper instead of "City" of Prosper. Council discussed Consent Item 3.h., awarding bids for the 12" water line along CR77 and 12" water line along SH289. Larry Tracey recommended awarding lines "B" and "C" of the bid and tabling line "A" until an agreement can be made with the School regarding their contribution to the project. Jennifer Finley and Bill Little explained that line "A" will be beneficial to the Town in looping the water system. Council agreed to the importance of line "A" but felt more comfortable tabling until additional discussion can take place with school representatives. Motioned by Larry Tracey and seconded by Russell Kaker to approve Items 3.a. through 3.d. and Items 3.f. through 3.h:. of the; Consent Agenda; tabling Consent Item 3.e. for clarification; and approving line items "B" and "C" of Consent Item 3.h, bo'012i Ine item "A ". Motion carried. Vote 5 to 0. G COMMENTS FROM CITIZENS 4. The Town Council invites citizens to speak to the Council an any topic not on the agenda or not already scheduled for Public Hearing Mayor Pro -Tem Walker provided audience members an opportunity to address Council regarding any topic not on the agenda. No comments from citizens. REGULAR AGENDA 5. PUBLIC HEARING to consider and possibly act upon amending Prosper's Subdivision Ordinance No. 85.26, $ection 1 (Authority), Section 7 (Preliminary Plat and Accompanying Data) and Section 8 (Final Plat), specifically relating to fees. Mayor Pro -Tem Walker opened the Public Hearing at 7:24pm. Jennifer Finley explained that fees are outlined throughout the Town's Subdivision Regulations; therefore, by proposing an amendment to the fees, the Subdivision Ordinance is also amended which requires public hearing. Mayor Pro -Tem Walker invited citizens to speak on behalf of/against the proposed amendment. No comments from audience members. The Mayor Pro -Tem closed the public hearing at 7:28pm. 6. Action to adopt Ordinance No 02-34 amending Prosper's Su divi ion Ordinance N . 5-2 i Section 7 (Preliminary Plat and Accompanying Data) and Section 8 (Final Plat). specificallyrelating to fees. Motioned Michael Perry and seconded by Larry Tracey to adopt Ordinance No. 02-34, amending Prosper's Subdivision Ordinance No. 85-26, Section 1 (Authority) Section 7 (Preliminary Plat and Accompanying Data) and Section 8 (Final Plat), specifically relating to fees. Motion carried. Vote 5 to 0. 7 Receive Impact Committee Re ort on Land Use. Mayor Pro -Tem Walker read aloud a letter dated September 24, 2002, from Michael Parkinson, Chairman of the Capital Impact Fee Committee, recommending consideration and approval of the proposed Impact Committee Report prepared by Town Engineer Travis Roberts. 8 Receive Impact Committee Report on Capital Improvements Program Mayor Pro -Tem Walker read aloud a letter dated September 24, 2002, from Michael Parkinson, Chairman of the Capital Impact Fee Committee, recommending consideration and approval of the proposed Capital Improvements Program prepared by Town Engineer Travis Roberts. Charles Niswanger stated that he attended the Impact Fee Advisory Meeting and also agreed with the recommendation. Jennifer Finley clarified how impact fees are derived, explaining that they are collected from new developments to share with the costs of capital improvements thus taking a portion of the burden off of existing residents. All impact fees are paid on a per -lot basis unless the developer chooses to pay the total amount upfront. The change in impact fees are proposed as follows: Existing Future Without Bonds With Bonds (Recommended) Existing Future Without Bonds With Bonds Recommended) WATER AND WASTEWATER IMPACT FEE COMPARISON WATER IMPACT FEE WASTEWATER IMPACT FEE Maximum Assessed Maximum Assessed $3,200.00 $1,610.00 $3,145.00 $1,572.50 $1,895.00 $ 947.00 $3,303.00 $1,652.00 $1,636.00 $ 818.00 $2,852.00 $1,426.00 THOROUGHFARE IMPACT FEE COMPARISON SERVICE AREA 1 SERVICE AREA 2 Maximum Assessed Maximum Assessed $0 $0 $0 $0 $2,132.00 $1,066.00 $3,717.00 $1,859.00 $1,718.00 $ 859.00 $2,996.00 $1,498.00 9. Act to ado t Ordinance No. 02-41 se tin .the Time Date and Pia e f r a Public Hearin an the Pro o ed Im act F es and Capital Improvements. Program. Motioned by Michael Perry and seconded by Charles Niswanger to adopt Ordinance No. 02- 41, setting the date, time and place for a public hearing on time proposed impact fees and capital improvements program as November 12, 2002, at 7:00pm, in the Youth Building of the 'First Baptist Church, 601 S. Church Street, Prosper, Texas. Motion carried. Vote 5 to 0. 10. Consideration and possible action on the acre Lance of the Petition presented by Wayne Yarbrough for the ro osed annexation of approximately 42.43 acres of land, more or less, out of the William Butler Surrey, Abstract No. 112 and being more generally located along the north side of CR78 east of a TP&L Go. pasement. Collin Counly. Texas. HarryJames, Red Group Development Services and applicant representative, presented Council requesting acceptance of the annexation petition. Larry Tracey asked Mr. James and Mr. Yarborough for the status of the drainage agreement between Mr. Yarbrough and the adjacent property owners, Sterling Properties. Mr. Yarbrough explained that they had been working frequently with Sterling 2 Properties and will be ready to go forward with the drainage agreement upon annexation and zoning. Motioned by Michael Perry and seconded by Larry Tracey to accept the annexation petition for the proposed property. Motion carried. Vote 5 to 0. 11. Action t2 adopt Ord No, 0238 setting a date, time 3nd place for two public -hearings on Jhe Rroposgq Yarbrough 8nnexatign of approximately 42 43 acres of land more or less out of the William Butlgr Survey,Abstract No 112 and being more generally located alpng the north side of CR78 east of a TP L , (` n n T x Motioned by Michael Perry and seconded by Larry Tracey to adopt Ordinance No. 02-38. Motion carried. Vote 5 to 0. 12. Action to adopt Ordinance No 02-39, directing the Town Engineer to prepare a service plan for the approximate 42.43 acresf land more or iess out of the William But€ r Survey, A s a . No. 112 and bein-cirnxe gengrallylocatod aigna th north side of CRTO east of a TP&L Co. easement, Collin County, T Motioned by Michael Perry and seconded by Larry Tracey to adupt Ordinance No. 02-39. Motion carried. Vote 5 to 0. DEPARTMENT ITEMS 13. Town Administrator overview of cornmittee/Departn3ent Re orts presented in previous Work Session, Jennifer Finley gave a brief overview of the departmental/committee written reports. Police Report: The department issued 57 citations in the month of September and one DWI arrest. Officer Brian Nodine successfully completed his formal training process and is patrolling alone in the vehicle. He will remain under close supervision until fully assimilated. As a public service, the department will offer fingerprinting at the Centennial Celebration on October 19, 2002. : Report: The department responded to 24 incidents for the month of September, 58.33% being EMS related. EDC Report: A Texpool investment account was setup for the EDC, and their bank account moved to the Prosper State Bank. Jennifer recognized the EDC's outstanding work on the Centennial Celebration. A Joint Meeting will be scheduled between the Town Council, EDC and Mesa on October 29, 2002. Parks R Rarreation Report: The Town was awarded the Collin County Open Spaces Grant for approximately $178,000, and the Committee has already began work on next year's grant application. They are also working on an amendment to the Subdivision Ordinance, specifically relating to the section regarding park fees. Jack Herron, North Chase resident, questioned 2417 police coverage. Council explained that the department is approximately 2 officers away from having 24/7 coverage capability. Mr. Herron felt that officers should live in the Town, but currently they do not. He also expressed concern regarding officers driving police vehicles home at night. Jennifer Finley explained that Captain McHone and Chief McFarlin are the only two officers that drive their vehicles home, the others park their vehicles at the Fire or Police Station when off-duty. Mr. Herron questioned other employees driving Town vehicles home at night. Council advised that Water Superintendent Eugene Frances is the only out-of-town employee that drives a vehicle home at night, and he resides nearby in the Town of Celina. Mr. Herron was also concerned with where and when police officers patrol because he felt there were several accidents on which they had not responded. He also felt they had not been patrolling Preston Fid. and school zones in early morning hours as they should. Charles Niswanger explained that the officers work approximately 50 to 60 hours per week, and many times the schedules are made around various school events and community functions. Mr. Herron continued with other concerns. The Mayor pro -Tem asked that Mr. Herron contact Chief McFarlin directly regarding his concerns. Mr. Herron felt the Council should be responsible for addressing his concerns. Charles Niswanger stated that he would be happy to visit with Mr. Herron one-on-one. 14. Recess into Executive Session in compliance with Section 551,001 el. seq., Texa§ G2verna2pnt Code, tQ wit: a. Section 551.074, Deliberate the employment and/or duties of a Town Planning Director. b. Section 551.074, Deliberate the employment and/or duties of Public Works employee Robert Dorsett. Mayor Pro -Tem Jeff Walker adjourned into Executive Session at 7:59pm and reconvened back into Regular Session at 8:42pm. 15. Reconvene Into Regularo consid1gr and take any negessant action ils a result 9f the Expcutive 5 s Motioned by Michael Perry and seconded by Russell Kaker to empower Town Administrator Jennifer Finley to advertise and post the position of Town Planning Director for as long as necessary. Motion carried. Vote 5 to 0. Motioned by Michael Perry and seconded by Charles Niswanger to extent a permanent employment position and benefits to Public Works employee Robert Dorsett in accordance with the budgeted salary. Vote 5 to 0. Motion carried. 16. Adyiourn Mayor Pro -Tem Jeff Walker adjourned the meeting at 8:44pm. V L(t,. Mayor Jai Dunmire Town Secretary Amber PhillipX