12.09.1997 Town Council MinutesREGULAR CITY COUNCIL MEETING
TUESDAY DECEMBER 9, 1997
CITY HALL - 109 SOUTH MAIN STREET 7:00 P.M.
THOSE PRESENT_ MAYOR COFFMAN, LARRY TRACEY, RALPH BOYER, BILL NISWANGER,
GRADY SMOTI If RMON AND JIM DUNMIRE
CALL TO ORDER: MAYOR COFFMAN CALLED THE MEETING TO ORDER.
PUBLIC HEARING - REZONING OF HIGHLAND MEADOWS SUB -DIVISION, E. CHAMBERS
SURVEY, ABSTRACT 179, TRACTS 5 & 5-9, 37.756 ACRES. LOCATED AT S.W. CORNER OF FM
1461 & CR 80 FROM SF 1 TO SFE -2.
THIS WAS THE SECOND PUBLIC HEARING ON THE REZONING. MAYOR OPENED UP THE
HEARING FOR COMMENTS FROM CITIZENS FOR OR AGAINST. NO COMMENTS.
MAYOR CLOSED THE PUBLIC HEARING AT 7:05 P.M.
MOTION BY RALPH BOYER AND SECONDED BY JIM DUNMIRE TO REZONE HIGHLAND
MEADOWS SUB -DIVISION FOR SF TO SFE 2. MOTION CARRIED.
PUBLIC HEARING- AMENDMENT TO UPDATE IMPACT FEE ORDINANCE #95-01.
MAYOR COFFMAN OPENED THE SECOND PUBLIC HEARING AT 7:05 P.M. ON THE UPDATE
OF THE IMPACT FEES TO THE PUBLIC FOR DISCUSSION. NO COMMENTS FOR OR AGAINST.
MAYOR CLOSED THE PUBLIC HEARING AT 7:10 P.M.
MOTION BY GRADY SMOTHERMON AND SECONDED BY LARRY TRACEY TO LEAVE
IMPACT FEES AS THEY ARE WITH NO CHANGES AT THIS TIME. MOTION CARRIED.
RECESS INT CLOSED MEETING 1N COMPLIANCE WITH SECTION 551.001 ct s TEXAS
GOVERNMENT CODE TO WIT.
CONSULT WITH CITY/CONTRACT ATTORNEYS REGARDING DANVILLE WATER SUPPLY
CONSULT WITH CITYICONTRACT ATTORNEYS CONCERNING MATTERS ON WHICH THE
ATTORNEYS DUTY UNDER THE TEXAS DICIPLINARY RULES OF PROFESSIONAL
RESPONSIBILITIES CLEARLY CONFLICTS WITH THE TEXAS OMEN MEETING ACT.
COUNCIL CAME OUT OF CLOSED SESSION AT 7:55 P.M.
KERRY RUSSELL, ATTORNEY, BRIEFLY GAVE AN OVERVIEW OF DISCUSSION ON THE CITY
OF PROSPER SERVICING WATER TO NEW SUB -DIVISION BEING ANNEXED IN DANVILLE' S
CCN BUT IN PROSPER'S E.T.J. KERRY ADVISED THE CITY TO APPLY FOR CCN TO TNRCC
TO SERVICE THIS AREA.
TIM MORRIS, CITY ENGINEER, TOLD THE COUNCIL PER TNRCC, CITY CAN INFORM WATER
SUPPLY OF INTENT TO SERVE AND TNRCC WILL GIVE THE CITY THE AREA IF THE AREA IS
NOT ALREADY A CUSTOMER OF DANVILLE. HOWEVER, THE CITY WOULD HAVE TO
COMPENSATE DANVILLE FOR THE ARE BECAUSE OF FEDERAL INDEBTNESS.
MAYOR AS FOR A MOTION TO AUTHORIZE KERRY RUSSELL & TIM MORRIS TO TAKE
STEPS NECESSARY TO APPLY FOR A CCN OF THE FM 1461 CORRIDOR OF ANNEXED AREA
BUT NOT TO BE FILED IN AUSTIN UNTIL AFTER WE MEET WITH DANVILLE WATER
SUPPLY.MOTION BY JIM DUNMIRE AND SECONDED BY LARRY TRACEY. 5 FOR 0 AGAINST.
20
COMMENTS FROM CITIZENT: MAYOR ASK FOR COMMENTS FROM CITIZENS IN
AUDIENCE.
NO ONE HAD COMMENTS.
CONSIDER AND ACT UPON APPROVAL OF CONSENT ITEMS: MOTION BY RALPH BOYER
AND SECONDED BY GRADY SMOTHERMON TO APPROVE THE CONSENT ITEMS. MOTION
CARRIED.
RADEAN HERRON TAX A1C -REPORT OF COLLECTIONS: RADEAN WAS PRESENT AND
GAVE HER REPORT.
TOM PINGLETON. CITY AUDITOR -PRESENTATION OF 1996-1997 CITY AUDIT: MR
PINGLETON PRESENTED THE AUDIT REPORTS AND GAVE AN OVERVIEW OF THE CITY.
HE REPORTED TO THE MAYOR AND COUNCIL THAT THE CITY WAS IN SOUND FINANCIAL
CONDITION.
MOTION BY GRADY SMOTHERMON AND SECONDED BY RALPH BOYERR TO ACCEPT THE
AUDIT FOR 1996-1997. MOTION CARRIED.
BRUCE SMITH AND RICK HORN WITH BLUE STAR LAND -DISCUSSION ON DEVELOPMENT
OF LAND IN ETJ_ALONG BOTH SIDES OF BUS. 289 SOUTH: BRUCE SMITH AND RICK HORN
MET WITH THE COUNCIL TO PRESENT A PLAN AS TO HOW THEY WOULD LIKE TO
DEV ELOPE THE 630 ACRES BOUGHT BY BOLE STAR AS THE NEED ARISES RI THE FUTURE.
THEY HAVE 289 MAINLY RETAIL AND COMMERCIAL FLANKED BY TWO MULTI FAMILY
TRACTS, INDUSTRIAL ALONG THE RAILROAD AND SINGLE FAMILY TOWARD THE EAST
SDIE OF THE LAND.
THEY ARE REQUESTING PROSPER TO USE PLANNED DEVELOPMENT ZONING ON THE
CORRIDOR COMING INTO OUR CITY.
THE MAYOR THINKS THE CITY WOULD NOT LIDE MULTI FAMILY IN THE DEVELOPMENT.
BRUCE SMITH STATED HE WOULD BRING A REVISION TO THE CITY MOVING SOME OF THE
MULTI FAMILY TO WEST SIDE OF 289.
RALPH BOYER SUGGESTED THE ADVISORY COMMITTEE STUDY AND CONSIDER USE
BEFORE COMING BACK TO THE COUNCIL. NO ACTION TAKEN.
TOBY HAGGARD -DISCUSSION ON DEVELOPMENT OF LAND ALONG S. SIDE OF 1461
BETWEEN WILSON CREEK AND COLLIN GREEN ESTATES: TOBY WAS NOT PRESENT FOR
THE MEETING AND THIS ITEM WAS NOT DISCUSSED.
GEORGE DUDLEY WITH DOWDY ANDERSON -CONSIDER AND ACT UPON REQUEST FOR
PAVING VARIANCE IN GENTLE CREEK ESTATES ON ONE STREET: AT THE BEGINNING OF
THE MEETING MR. DUDLEY ASK FOR THE ITEM TO BE REMOVED.
CONSIDER AND ACT UPON ACCEPTANCE OF ORDINANCE #97-I6 ANNEXING HIGHLAND
MEADOWS INTO THE TOWN OF PROSPER: MOTION BY GRADY SMOTHERMON AND
SECONDED BY RALPH BOYER TO ACCEPT THE ORDINANCE ANNEXING HIGHLAND
MEADOWS SUB -DIVISION. MOTION CARRIED.
ALYSON ARCHER -CONSIDER AND ACT UPON RE VEST TO ANNEX AND REZONE THE
FRONT PORTION OF ARCHER PROPERTY FACING SH289 FORMERLY KNOWN AS BOWED
CREEK RANCH: ALYSON ARCHER MET WITH THE COUNCIL TO EXPLORE THE POSSIBILITY
OF GETTING THE FRON 10 ACRES ALONG 289 OF THEIR PROPERTY ANNEXED AND
REZONED RETAIL AND COMMERCIAL.
THE COUNCIL TOLD ALYSON THEY WOULD TAKE HER REQUEST INTO CONSIDERATION
BUT THEY DO NOT INTEND TO ANNEX AND ZONE THE FRONT PORTION AND NOT HAVE
CONTRAOL OF THE REAR PORTION. NO ACTION TAKEN.
RONNIE TUCKER -FIRE CHIEF -REPORT TO COUNCIL: RONNIE TUCKER, FIRE CHIEF AND
MARSHALL, REPORTED TO THE COUNCIL THAT THE DEPARTMENT HAD JUST MAKE ITS
I 19TH RUN OF THE YEAR WITH OVER A MONTH LEFT.
CONSIDER AND ACT UPON AN ORDINANCE OF THE CITY OF PROSPER, ABOLISHING THE
PRESENT VOLUNTEER FIRE DEPARTMENT' ESTABLISHING A VOLUNTEER FIRE
DEPARTMEMNT: MOTION BY GRADY SMOTHERMON AND SECONDED BY LARRY TRACEY
TO ACCEPT THE ORDINANCE. MOTION CARRIED.
CONSIDER AND ACT UPON APPROVAL OF RESOLUTION RELEASING RETAINAGE TO
TELCOM INC. ON LTHE WATER LINE CONTRACT: MOTION BY GRADY SMOTHERMON AND
SECONDED BY LARRY TRACEY TO HOLD THE RETAINAGE AND NOT APPROVE THE
RESOLUTION UNTIL ALL REPAIRS ARE MADE IN CONNECTION WITH THEIR CONTRACT.
MOTION CARRIED.
TIM MORRIS, CITY ENGINEER -REPORT ON PROGRESS OF CITY IMPROVEMENT
CONTRACTS: TIM REPORTED THE WELL IS DRILLED, PUMPS AND CHLORINATION IS BEING
DELIVERED.
CONSIDER AND ACT UPON BREATHING AND SAFETY APPARATUS FaR CITY EMPLOYEES:
FIRE DEPARTMENT WILL GIVE CITY THE BREATHING APPARATUS THEY ARE PRESENTLY
USING, THEY ARE GETTING UPDATED EQUIPMENT.
CONSIDER AND D ACT UPON RE UES T FROM JUANITA HEATH FOR A STREET LIGHT AT
SOUTH MAIN AND WEST FIRST: MOTION BY GRADY SMOTHERMON AND SECONDED BY
BILL NISWANGER TO DENY REQUEST. MOTION CARRIED.
CONSIDER AND ACT UPON RE4UEST FROM DAN CHRISTIE TO REZONE PROPERTY AT
SOUTH CRAIG AND EAST FIRST FOR TOWNHOMES: DAN HAS REQUEST REZONING TO
BUILD TOWNHOMES RANGING FROM 700 SQ. FEET TO 1100 SQ. FEET AND IN THE PRICE
RANGE FROM $79,500 TO $110,000. THE COUNCIL MADE NO DECISIONS BUT TOLD DAN TO
GATHER MORE INFORMATION ON TOWNHOMES AND COME BACK TO THE COUNCIL
AFTER THE FIRST OF THE YEAR
BILL NISWANGER-RE UEST FOR YARD TO BE CLEANED UP FROM SEWAGE SPILL:
MOTION BY GRADY SMOTHERMON AND SECONDED BY RALPH BOYER TO CLEAN UP THE
YARD. MOTION CARRIED.
ADJOURN: MOTION BY RALPH BOYER AND SECONDED BY GRADY SMOTHERMON TO
ADJOURN. MOTION CARRIED.
A
CITY SECRE'�Y