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10.14.1997 Town Council MinutesI ?) REGULAR CITY COUNCIL MEETING TUESDAY OCTOBER 14, 1997 CITY HALL - 109 SOUTH MAIN STREET 7:00 P.M. THOSE PRESENT: MAYOR COFFMAN: COUNCILMEMBERS; RALPH BOYER, JIM DUNMIRE, LARRY TRACEY; GRADY SMOTHERMON AND BILL NISWANGER. CALL TO ORDER: MAYOR COFFMAN CALLED THE MEETING TO ORDER. COMMENTS FROM CITIZENS: FORRREST BENTLEY OF NORTHCHASE ESTATES ASK ABOUT THE MOUND LEFT IN THE ALLEYWAY AND WHY IT WAS NOT SMOOTHED DOWN IN ORDER TO MOW. JIM DUNMIRE EXPLAINED TO HIM WHY THE MOUND NEEDED TO STAY. FORREST ALSO ASK WHY THE DEAD TREES WERE LEFT, AND WANTED THEY REMOVED. JIM TOLD HIM HE WOULD TALK TO NEIL HECKEL ABOUT THEM. APPROVAL OF CONSENT rrEMS: MOTION BY BILL NISWANGER AND SECONDED BY JIM DUNMIRE TO APPROVE THE CONSENT ITEMS. MOTION CARRIED. MAGGIE CROXVILLE - COMPLAINT ABOUT CITY WATER SERVICES: MAGGIE'S WATER HAS BEEN TURNED OFF SEVERAL TIMES 1N THE LAST FEW WEEKS BECAUSE OF A LEAK THE CITY HAS ON A WATER MAIN THAT WE HAVE NOT BEEN ABLE TO LOCATE. SHE THINKS THERE SHOULD BE BETTER COMMUNICATION BETWEEN CITY EMPLOYEES AND THAT SHE SHOULD BE NOTIFIED BEFORE SERVICE IS TURNED OFF. SHE ALSO ASK THAT THE CHILDREN AT PLAY SIGN BE MOVED TO THE END OF THE STREET. DONNA & KENNY ELLIOTT - REQUEST TO BUILD MINI WAREHOUSES IN E.T.J.: KENNY ELLIOTT MET WITH THE COUNCIL ASKING PERMISSION TO BUILD MINI WAREHOUSE ON ONE ACRE OF LAND HE IS PURCHASING NORTH OF GARY JAMES' HOUSE ON BUSINESS 289. THEY WILL BUILD APPROXIMATELY 160 UNITS. COUNCIL TOOK NO ACTION SINCE THEY ARE WITHIN THE ZONING OF THE PROPERTY AND IT IS NOT IN THE CITY LIMITS. COMPENSATION FOR DAN TOLLESON AND MIKE DALTON FOR CROP DAMAGE DURING CONSTRUCTION OF NORTH SEWER LINE. NO ONE WAS PRESENT AT THE MEETING AND GRADY INFORMED THE COUNCIL THEY DID NOT WANT COMPENSATION. RADEAN HE- RRON TAX AIC -REPORT OF COLLECTIONS: RADEAN WAS PRESENT FOR THE MEETING AND GAVE HER REPORT. PRATICALLY ALL OF THE 1996 TAXES HAVE BEEN COLLECTED AND SHE IS EXPECTING THE ARRIVAL OF THE 1997 STATEMENTS IN THE NEXT DAY OF SO. JIM SHANAI IAN PAM HARDISON AND RUSTY CRAIG - DISCUSSION ON LOCATING BUSINESS IN PROSPER RE VEST FOR ANNEXATION AND REZONING: PAM HARDISON GAVE THE PRESENTATION ON SINCERELY YOURS AND CUSTOM CORNER, THIS IS A FAMILY OWNED AND OPERATED BUSINESS WHICH IS ATTEMPTING TO MOVE THE DISTRIBUTION AND HEADQUARTERS TO PROSPER BY MAY OF 1998. THE MANUFACTURING PLANT LOCATED IN MT. PLEASANT WILL STAY THERE. THE MAIL ORDER FACILITY WILL EMPLOY APPROXIMATELY 50 PEOPLE. THEY ARE PROPOSING THE CITY TO GET SOMEWHERE AROUND $100,000.00 1N SALES TAX BY THE 31t') YEAR OF OPERATION. THEY GAVE THE COUNCIL A LIST ENTITLED REQUEST TO ASSIST CONSTRUCTION COSTS IN BUILDING A DISTRIBUTION CENTER IN PROSPER, TEXAS. 119 THE COUNCIL SCHEDULED A WORK SESSION FOR THURSDAY OCTOBER 23"11, 1997 TO FURTHER DISCUSS THIS MATTER. NO ACTION WAS TAKEN. GEORGE DUDLEY -REQUEST FOR VARIANCE ON FIRE HYDRANTS ALONG SH289 AND FM1461 TO GENTLE CREEK:GEORGE ASK TO OMIT 4 FIRE HYDRANTS AND INSTALL ELEVEN (11), THIS IS A VARIANCE FROM THE CODE WHICH CALL FOR ONE EVERY 1000 FEET. RONNIE TUCKER, FIRE CHIEF & MARSHALL ASK FOR THIRTEEN (13) TO BE INSTALLED. MOTION BY GRADY SMOTHERMON AND SECONDED BY BILL NISWANGER TO INSTALL 13 FIRE HYDRANTS ON LINE TO GENTLE CREEK ESTATES. MOTION CARRRIED. 4 FOR 1 AGAINST. APPROVAL OF FINAL PLAT FOIL GENTLE CREEK ESTATES: MOTION BY JIM DUNMIRE AND SECONDED BY GRADY SMOTHERMON TO APPROVE THE FINAL PLAT AND THE OFF SITE WATER LINE WITH 13 FIRE HYDRANTS. MOTION CARRIED, DISCUSSION AND POSSIBLE ACTION ON SOLID WASTE CONTRACT WITH B.F.I.: MOTION BY BILL NISWANGER AND SECONDED BY RALPH BOYER TO RTINEW THE CONTRACT WITH B.F.I. MOTION CARR3ED. APPROVAL Of RESOLU`I'1+pN ACCEIMNG, WATERLINE CONSTRUCTION PROJECT WITH TELCOM COMPLETE: THE CITY HAS SEVERAL REPAIR JOBS TO BE COMPLETED BY THE COMPANY BEFORE THE RESOLUTION IS APPROVED AND SIGNED. ENGINEER EXPLAINED TO THE COUNCIL THAT THEIR BOND SECURES PAYMENT TO THE CITY OF ANY WORK WE HAVE TO DO THAT THEY SHOULD HAVE DONE AND CITY BILLS THEM FOR. THERE WAS A LEAK ON BROADWAY STREET THAT THEY NEVER CAME TO PUT CONCRETE BEHIND A 90 DEGREE AND A LEAK AT A FIRE HYDRANT ON EAST FIRST STREET. THE ENGINEER WILL CALL ABOUT THESE PROBLEMS. NO ACTION TAKEN. TIM MORRIS, CITY ENGINEER - REPORT TO COUNCIL: INFORMED THE COUNCIL THAT WELL #4 HAS BEEN LOGGED AND SOON WILL BE PUMPING. THE ELEVATED TANK IS BEING PAINTED INSIDE NOW AND SOON THE OUTSIDE WILL BE PAiNTF.D. TIM BROUGHT CONTRACT DOCUMENTS FOR MAYOR TO SIGN. TIM TALKED TO THE COUNCIL ABOUT RUNNING A 10 INCH WATER LINE OUT OF THE PUMPING STATION AT DODSON ALONG THE SOUTH SIDE OF RAEWOOD TO TIE INTO THE 12 INCH LINE. NO ACTION TAKEN. ON THE 14T" OF OCTOBER; 1997 THE CITY RECEIVED A REGISTERED LETTER FROM DAIVD & RITA DODSON'S ATTORNEY STATING IF THE CITY DOES NOT REMOVE EVERYTHING FROM HAYS PARK WITHIN TEN (10) DAYS THEY WILL FILE FOR AN INJUCTION TO STOP ALL PROCEEDINGS. THE COUNCIL AND MAYOR ASK CITY SECRETARY TO CALL CITY ATTORNEY TO RESPOND TO THE LETTER. RONNIE TUCKER, FIRE CHIEF /MARSHALL - REPORT: RONNIE REPORTED THEY HAVE HAD OVER 90 RUNS ALREADY THIS YEAR AND STILL HAVE OVER TWO MONTH LEFT IN THIS YEAR. HE WORKED AT SCHOOL TO CERTIFY SENIORS IN C.P.R. OVER THE LAST WEEK AND IS TEACHING FIRE PREVENTION IN ELEMENTARY NOW. RONNIE EXPLAINED TO THE COUNCIL THAT THE FIRE DEPARTMENT IS BUYING SELF CONTAINED BREATHING APPARATUS ON A LEASE PURCHASE PLAN. THIS IS ALREADY IN THE NEW BUDGET. MOTION BY LARRY TRACEY AND SECONDED BY JIM DUNMIRE TO APPROVE RESOLUTION FOR THE PURCHASE OF EQUIPMENT. MOTION CARRIED. DON WIL.LEY, BUILDING INSPEC'I'O'R - REPOlIT: DON WAS ABSENT FROM THE MEETING AND NO REPORT WAS GIVEN. m APPROVAL QF ANNEXATION REQUEST BY STEPHEN FOLSOM: GEORGE DUDLEY, ENGINEER, FOR THE SUB -DIVISION ASK THE COUNCIL FOR A VARIANCE ON THE CONNECTING STREETS IN PHASE 1 TO OTHER PROPERTY. MOTION BY RALPH BOYER AND SECONDED BY LARRY TRACEY TO APPROVE THE PRELIMINARY PLAT AND THE ANNEXATION OF HIGHLAND MEADOWS WITHOUT THE CONNECTING STREET VARIANCE. BEING 147.628 ACRES, PHASE I IS 31.756 ACRES. THE ZONING WILL BE SFE -2 (MINIMUM OF 2200 SQ.FT) TOBY HAGGARD - DISCUSSION ON POSSIBILITY OF SUBDI'V'ISION ON FM1461: TOBY HAGGARD MET WITH THE COUNCIL TO DISCUSS A SUB -DIVISION, AMBERWOODS FARMS, BEING 237.38 ACRES EAST OF GENTLE CREEK ESTATES. TOBY IS ASKING FOR A VARIANCE ON THE STREETS FROM CONCRETE TO ASPHALT AND TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. THERE WILL BE 38 LOTS RANGING FROM 3 ACRES TO 7 ACRES. THE MAYOR ASK IF THE MONEY COULD BE PLACED IN A TRUST FUND OR AN ESCROW ACCOUNT TO ASSURE MAINTENANCE. TOBY THOUGHT THIS WOULD BE NO PROBLEM. THE COUNCIL ASK FOR TOBY TO BRING PROPOSAL TO TAKE TO CITY ATTORNEY TO SEE WHAT WE CAN LEGALLY DO. NO ACTION TAKEN. EXECUTIVE SESSION: COUNCIL WENT INTO EXECUTIVE SESSION AT 9:30 P.M. TO DISCUSS PERSONNEL AND THE FIRE DEPARTMENT. COUNCIL CAME OUT OF EXECUTIVE SESSION AT 10:15 P.M. NO OFFICIAL ACTION WAS TAKEN ON RONNIE TUCKER, BUT THE COUNCIL ASK THE MAYOR TO TALK TO RONNIE AND FIND OUT WHAT HE WOULD LIKE OR HAVE TO HAVE TO STAY IN HIS PRESENT POSITION. BILL NISWANGER INFORMED THE COUNCIL THAT ON THE 10TH OF OCTOBER HIS HOUSE ON NORTH CHURCH STREET WAS FLOODED WITH SEWER WATER. HE HAS HAD TO COMPLETELY MOVE OUT OF THE HOUSE AND IT IS BEING REDONE. JIMMY BATES LIVING NEXT DOOR ALSO HAS SOME FLOODING IN BATHROOMS AND A COUPLE OF ROOMS THE CARPET WAS WET. JIMMY ASK THE COUNCIL TO PAY THE $250.00 DEDUCTIBLE FOR HIS HOMEOWNERS INSURANCE. NO OFFICIAL ACTION WAS TAKEN. ADJOURNMENT: MOTION BY RALPH BOYER AND SECONDED BY LARRY TRACEY TO ADJOURN. MOTION CARRIED. Cl T