11.13.2001 Town Council MinutesM
Regular City Council Meeting
City Hall -109 S. Main Street
Tuesday, November 13, 2001, 7:00pm
CALtq_aL r4gr: Mayor Dunmire called the meeting to order.
!Uvgga : An invocation was given by Darin Riggs.
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Action on accept ur p of resionation from Qqrl�n� �l !Council Place I.: Darin Riggs presented Council with his
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resignation from City Council Place 1, due to his change of residence outside of the Prosper City Limits. Motioned by
Charles Niswanger and seconded by Jeff Walker to accept the resignation of Darin Riggs from City Council Place 1.
Motion carried.
Discussion and vossible action-pp-Wointment of new Council Member to City Council Place 1: The position of City
Council Place I will be open for the remainder of the term, ending May 2003. Charles Niswainger motioned for the
nomination of former Council Member and P&Z Member Larry Tracey. Nomination seconded by Janet Phillips. Jeff
Walker recommended Bob Jameson. Motion carried to appoint Larry Tracey to City Council Place 1. Mr. Tracey will be
sworn in at the next available Council Meeting.
Public Hearino reaerd�ino amendment to Ordinance No. 95-17. Curfew for Minors,. In compliance with the Texas Local
Government Code: Public hearing opened at 7:12pm. Chief McFarlin presented Council in regards to the curfew
ordinance. Currently, the curfew hours are midnight to 6:00am. The curfew will affect minors under the age of 17, Chief
McFarlin feels that a curfew will curb the mischief during late night hour's and will benefit the community. Citizen Joan
Tracey asked how this will be enforced. Chief McFadin, Captain McHone and the reserve officers will be enforcing the
curfew, along with the Collin County Sheriffs' Department. The Collin County Sheriffs' Department can enforce our
ordinance within the City Limits. Citizen Shawn Wentworth also spoke regarding the need for a curfew. He has
experienced minors loitering around his business late at night. Chief McFarlin recommended changing the ordinance to a
curfew of 1 0:00pm to 6:00arn during weeknights and 1 1:00pm to 6:00arn during summer and weekend hours. Public
hearing closed at 7:24pm.
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Action on amendment to Ordinance No. 95-17 reaardinq a curfew for minors: Motioned by Michael Perry and seconded
by Jeff Walker to adopt the Ordinance Number 01-28, amendment to Ordinance No. 95-17. Motion carried.
Tom Pingleton —Reoort on 2000-2001 Citv Audit: Tom Pingleton, City Auditor, presented Council in regards to the 2000-
2001 City Audit. Mr. Pingleton also presented Council with a Financial Statement book and advised that the City is in a
more than adequate financial position for a city of our size. All three of the City's major funds ended in the black. His only
concern was in regards to the funds in the EDC's account at the First State Bank of Celina. These funds were in excess
of FDIC regulations, but Mr. Pingleton has spoken to one of the bank officials in an attempt to correct the problem.
No action taken.
Cqqsent It Jeff Walker questioned the "Due From State" line Rem on the General Statement Balance Sheet. Amber
Phillips will research this and advise Council at a later meeting. Motioned by Michael Perry and seconded by Janet
Phillips to accept the consent items as presented. Motion carried.
Comments from Citizens: Lloyd Rucker presented Council to discuss the fence that was to be constructed between his
property and the commercial property adjacent to him. Mayor Dunmire has attempted to schedule a meeting between
himself and the owner of that property but has been unsuccessful. Mr. Rucker feels that immediate action should be
taken to have the landowner comply with the City's ordinance. Mayor Dunmire recommended that action be taken and
advised Bill Little to contact the landowner immediately in an attempt to bring his property into compliance with the City's
ordinance.
Forrest Bentley presented Council with a request for an update on the pot-bellied pig at 1812 Waterwood. Bill Little
advised Council that he has attempted to verify the removal of the pig but has been unsuccessful. Mayor Dunmire
recommended that Bill Little send a certified letter to the McCrackens requesting that they contact the office and verify if
the pig has been removed.
Michael Wadsworth requested that the P&Z meeting be moved from November 20, 2001, to November 27, 2001, due to
the week of Thanksgiving. Council approved the change of the meeting date.
Darin Riggs updated the Council on his negotiations with Panaband. He also requested that the citizens and Council
begin thinking about a Parks and Recreation Committee.
Shawn Wentworth advised Council of his sanitation problems with BFI.
No action taken.
Radean Herronjg&A/_Q_Repg_rt: Radean Herron presented Council with the Tax AIC Report. Motioned by Michael
Perry and seconded by Charles Niswanger to accept the Tax A/C report. Motion carried.
Ronnie Tuckerjjre Chief, Reoort: Ronnie Tucker not present, Stephen Taylor presented Council in regards to recent
calls and a house fire. Heath Harris advised Council of the upcoming Shattered Dreams Program that he will be
overseeing in the near future. The program is promoted by the Texas Alcoholic Beverage Commission to educate
teenagers on the dangers of drinking and driving. The only cost to the fire department will possibly be make-up, t -shirts
and refreshments. The vast majority of these costs will be donated, so the cost to the fire department will be minimal. The
first meeting for preparation of the program will be Monday night, 6:30pm, at the Cotton Gin Cafe,
No action taken
6poroval of thermal imaqLng camera blcl: The thermal imaging cameras will be funded through carry-over funds from last
years fiscal budget. Motioned by Michael Perry and seconded by Janet Phillips to approve the bid of $25,399.00 for 2
thermal imaging cameras. Motion carried.
Action on entering into 1st Amendment to EmerqMv Ambulance Services Aareement with the Citv of Frisco: Motioned
by Michael Perry and seconded by Jeff Walker to enter into the First Amendment to the Emergency Ambulance Services
Agreement with the City of Frisco. Motion carried.
L<jrk McFarlin, Police Chief. Reoort: Chief McFarlin presented Council with a written school -zone traffic report mapping
out his recommendations for school -zones and positioning of signs, Mayor Dunmire, recommended that Chief McFarlin
prepare a list of costs involved with the new signs and set the new school -zones for an action item on the next available
agenda.
Chief McFarlin also presented Council on the current happenings around the City and within his department. Captain
McHone is currently spear -heading a new crime prevention program.
No action taken.
Action on the awarding of Bid No. 2001-002 for PolLcS Dept, Vehicle: Chief McFarlin presented Council with a bid from
Bob Tomes Ford for a 2002 Ford Expedition. The total turnkey price of the bid was $32,177.00. The City went out for
bids for the vehicle, and Bob Tomes Ford was the only bid received.
The four-wheel drive Expedition is the proposed new vehicle, rather than a car, because of the significant amount of
property within the City's ETJ that is not paved and Is difficult to get to without a 4X4. Chief McFariin also reported that
other police departments have had continuing problems with smaller SUV's such as the Dodge Durango and Ford
Explorer.
Motioned by Michael Perry and seconded by Jeff Walker to accept the bid from Bob Tomes Ford for a 2002 Ford
Expedition Special Service 4X4 XLT priced at $32,177.00. Motion carried.
E.D.C, Reoort: Jim Herblin not present. Janet Phillips advised Council that they have come to a successful negotiation
with the Mesa Group on the Master Plan. Jim Herblin will be meeting with the City's legal counsel tomorrow regarding the
contract with the Mesa Group.
&qLfiqD_qn appgjatgLent of new EDC member, reptgagntingPc9sI$Q: Dan Tolleson was not present but has
volunteered to be the new member of the EDC representing the school district. Motioned by Janet Phillips and seconded
by Jeff Walker to appoint Dan Tolleson to the EDC as the representative for Prosper ISD. Motion carried.
Aciton on the awardina of Bid #2001-001 for the Citv"s Sanitation ContL%q: City Administrator Jennifer Finley presented
Action
with the proposals received for the City's Sanitation Contract. Mrs. Finley recommended the bid for the City's
Sanitation Contract be awarded to the lowest responsible bidder, which was IESI. Excellent recommendations have been
given in favor of IESI by the City's of Frisco and McKinney.
John Gustafson and Becky Miller, IESI, presented Council with a brief description of their company and service.
Homeowners would be given new carts and recycling bins, each with instructions. Trash carts and recycling will be
picked up on the same day. IESI is prepared to start on December 1, 2001.
Greta Calvary and Tom Sellers, Trinity Waste, presented Council with a brief description of their services and company.
They have been servicing Prosper for approximately 15 years. She emphasized the importance of recycling, the need for
education involved in recycling, and the importance of not disrupting the citizens by changing out their existing carts with
new ones.
Marie Gillingham and Rick Burnis, Waste Management, presented Council in regards to their service and company. She
emphasized the $250 rebate that will go back to the school for recycling. They are the largest of the three corporations
and have an established disaster clean-up program. Rick Burnis presented Council in regards to their company
standards.
Motioned by Michael Perry and seconded by Charles Niswanger to award the City's Sanitation Contract to IESI based
upon the recommendation of Jennifer Finley. Motion carried.
Nipjqinff. Gunter Gazette —Discussion on the possibilitygLg QL _ftLNMp4oer: Moe Joiner presented Council on the
possibility of a local city newspaper. Mr. Joiner currently publishes a newspaper for the Gunter Gazette. He hopes to
publish the first edition in February of 2002. Mr. Joiner will make his money from advertising, and the newspaper will be
free to the public. It will be a public service for our citizens. Mr. Joiner has spoken to the PTSD, and they are in support of
the paper. The new newspaper will not be in competition with the Eagle Talon, and the school has advised Mr. Joiner that
they will provide him with current school news.
No action taken.
La 0
. _.In@= Adoption of Annexation Ordinance: Steve Folsom presented Council with the request for the adoption of the
Annexation Ordinance for La Cima. Motioned by Janet Phillips and seconded by Michael Perry to adopt the Annexation
Ordinance for LaCima. Motion carried.
La Cima — Adoption of Rezonino Ordinance: John Pappagolos presented Council with the request for the adoption of the
Rezoning Ordinance for La Cima. He also presented Council with a modified copy of the Planned Development
agreement. Mr. Pappagolos eliminated the request for the 8400 sq. ft. buffer zone. All property east of LaCima Blvd. will
be 10,000 sq. ft. minimum lots. All property west of LaCima Blvd. will be a minimum of 14,000 sq. ft lots. This will achieve
965 units on the property. The changed proposal will cut the fire station site from 3 acres to a one (1) acre site. The
school site is cut to an 8-10 acre site. The park land dedication for the new proposal remains 10 acres, as originally
proposed.
Janet Phillips advised Mr. Pappagolos that the fire station site needs to remain 3 -acres from the standpoint of not
changing the City's ISO. The proposed site will be needed as a training facility and must be within a 5 -mile radius of the
City Limits within the ETJ. According to Mayor Dunmire, even if this site is not used for a training facility, a site larger than
one acre is desirable for the City's expendability.
Mr. Pappagolos advised Council that if they agreed not to ever, at any time, use that site as a fire department training
facility, then he would be willing to work with the City on the size of the site. A fire department training facility being
defined as a 2 to 3 story building that simulates a fire by producing smoke. The term training facility does not include
training drills regularly performed in the day-to-day operations of a fire station. He also requested that the City design the
building to match the architecture of the homes and other buildings within the neighborhood.
Mayor Dunmire advised Mr. Pappagolos that he is concerned with the limited time given to the Council to review the
Planned Development agreement. The Council agreed and feels that more time should be given for the review of the
document. Mr. Pappagolos responded by saying that this is the same document previously presented to Council; the only
changes are the lot sizes, the dedicated fire department site, and the dedicated school site.
Michael Perry explained that the development will enhance the tax base, but feels that we need to think about the feelings
of the citizens in our community. Prosper has never experienced a community with such density.
Motioned by Michael Perry and seconded by Janet Phillips to adopt the Rezoning Ordinance for LaCima contingent upon
the Planned Development agreement being amended to include a 3 -acre site for the Fire Department, as agreed upon by
the Council. Vote tied at 2-2. Voted by Michael Perry and Janet Phillips to accept the ordinance contingent upon the
proposed changes. Voted by Charles Niswanger and Jeff Walker in opposition of the rezoning ordinance. Mayor
Dunmire was required to vote due to tie. Mayor Dunmire voted for the adoption of the Rezoning Ordinance for LaCima
contingent upon the amended change to the Planned Development agreement. Motion carried.
Chuck Green — Adoption of Annexation Ordinance: Motioned by Charles Niswanger and seconded by Jeff Walker to
adopt the Annexation Ordinance for Chuck Green. Motion carried.
Action on adoption of Resdution 01-26 ano 01-27 for TEX-21: Motioned by Michael Perry and seconded by Janet Phillips
to adopt Resolution 01-26 and Resolution 01-27 for TEX-21. Motion carried.
8gtLon_g2.pcceptance of Pavment #2 for the Water Storaae Tank and Pump Station Site "A': Motioned by Michael Perry
and seconded by Janet Phillips to accept payment #2 for the Water Storage Tank and Pump. Motion carded.
[Ascussion and possible action on emDtoyee Nona -term. spar( -jqr__m
.. __9rouo Ile and Accidental Death & Dismemberment
Lqsigffljce: Jeff Walker presented Council with a handout listing quotes for employee long-term and short-term disability,
group life, and accidental death & dismemberment insurance. The coverages would require mandatory participation by
each employee, and would be funded 100% by the City. Quotes were obtained from Standard, Humana, UNUM, and
Jefferson Pilot insurance companies. The total cost would be approximately $500/month paid out by the City to provide
these benefits to the employees.
Motioned by Michael Perry and seconded by Janet Phillips to purchase short and long term disability, group life and
accidental death and dismemberment insurance, with the company and final costs to be determined at a later date.
Motion carried.
Discussion and t)osLsill—e—qqt-ip-q,p"grchasina new Accounfina SvqttU3: City Administrator Jennifer Finley and City
Secretary Amber Phillips presented Council with the new Accounting Software Systems that they had been researching.
MIP was the recommendation for a new Accounting Software to be used by the City. The software is a budgeted Rem.
Motioned by Michael Perry and seconded by Janet Phillips for approval of the purchase of MIP Software for approximately
$26,000 for the City's new accounting program. Motion carried.
Ji Dunmire, Mayor
Amber Phillips, City Secretary