02.13.1996 Town Council Minutes187
REGULAR CITY COUNCIL MEETING
TUESDAY FEBRUARY 13, 1996
CITY HALL - 109 SOUTH MAIN STREET 7:00 P.M.
THOSE PRESENT: MAYOR COFFMAN: COUNCILMEMBERS;BILL NISWANGER, GRADY SMOTHERMON, RALPH
BOYER, DAVID FERGUSON AND JIM DUNIMIRE
CALL TO ORDER: MAYOR COFFMAN CALLED THE MEETING TO ORDER
APPROVAL OF MINUTES FROM JANUARY, 1996 MEETING: MOTION BY GRADY SMOTHERMON AND
SECONDED BY RALPH BOYER TO APPROVE THE MINUTES AS WRITTEN. MOTION CARRIED.
APPROVAL OF FINANCIAL REPORT AND BILLS FOR JANUARY, 1996: MOTION BY RALPH BOYER
AND SECONDED BY DAVID FERGUSON TO APPROVE THE FINANCIAL REPORT AND BILLS FOR PAYMENT.
MOTION CARRIED.
RADEAN HERRON,""TAX A/C - REPORT OF TAX COLLECITONS: RADEAN WAS PRESENT AND GAVE
HER REPORT. APPROXIMATELY 90% OF THE 1995 TAXES HAVE BEEN COLLECTED. MOTION BY
DAVID FERGUSON AND SECONDED BY BILL NISWANGER TO ACCEPT HER REPORT. MOTION CARRIED.
CONSIDER AND ACT UPON CONCEALED HANDGUN ORDINANCE: MOTION BY GRADY SMOTHERMON AND
SECONDED BY DAVID FERGUSON TO APPROVE THE ORDINANCE. MOTION CARRIED. (96-03)
DISCUSSION AND ACTION ON NISWANGER REZONING: AFTER PUBLIC HEARING AND THE APPRO-
PRIATE TIME LAPSE HE COUNCIL VOTED BY A MOTION FROM GRADY SMOTHERMON AND A SECOND
FROM DAVID FERGUSON TO REZONE THE NISWANGER PROPERTY. MOTION CARRIED 4 FOR 0
AGAINST.
DISCUSSION AND ACTION ON LIABILITIES OF BUILDING INSPECTOR: DON WILLEY, CONTRACTED
BUILDING INSPECTOR, CITY OF PROSPER ME WITH THE COUNCIL ON THE CITY'S LIABILITY
AND TO DISCUSS THE FEES FOR THIS SERVICE. THE CITY ATTORNEY SUGGESTED THE CITY
ADD MR. WILLEY TO THE CITY'S POLICY ON WORKERS COMPENSATION AND ALSO LIABILITY
INSURANCE. AFTER CONTACTING THE CITY'S INSURANCE COMPANY, THE COST OF WORKER'S
COMP. INSURANCE IS $40.00 PER YEAR AND THE LIABILITY COVERAGE IS NO ADDITIONAL
CHARGE.
MOTION BY DAVID FERGUSON AND SECONDED BY RALPH BOYER TO ADD DON WILLEY TO BOTH
POLICIES AT CITY EXPENSE. MOTION CARRIED.
DON WILLEY'S FEE FOR FOUR (4) INSPECTIONS PER HOUSE WILL BE $160.00, THIS INCLUD-
ES PAGER, SIGN FOR VEHICLE, INSURANCE ON VEHICLE, BUSINESS CARDS, HARD HAT & SAFETY
GALSSES, AC TESTER, TOOLS AND PAPER WORK.
FOUR (4) INSPECTIONS INCLUDE:
1. OVERALL PLANS, POWER POLE AND ALL ROUGH WORK
2. FOUNDATION,'PLUMBING & PIERHOLES
3. FRAMING, ELECTRICAL, ROOF SUPPORTS AND INSULATION
4. FINAL AFTER CARPET IS INSTALLED
MOTION BY GRADY SMOTHERMON AND SECONDED BY DAVID FERGUSON FOR DON WILLEY AND THE
MAYOR TO GET TOGETHER AND WORK OUT THE FINALS ON HIS BUILDING INSPECTIONS.
APPOINTMENTT OF COUNCILMEMBER TO SCHOOL COMMITTEE: THE SCHOOL HAS FORMED A COMMITTEE
TO PLAN FOR THE GROWTH, THEY WANT A MEMBER- OF THE COUNCIL TO MEET WITH THEIR
GROUP, THE SCHOOL HAS APPOINTED GINA WHETSEL TO MEET WITH THE COUNCIL. DAVID
FERGUSON VOLUNTEERED TO MEET WITH THE SCHOOL COMMITTEE.
PHIL COOPER - DISCUSSION ON CHAMBER OF COMMERCE ANNUAL BANQUET: THE TENTATIVE DATE
FOR THE BANQUET IS SET FOR APRIL 13, 1996. PHIL WENT OVER HIGHLIGHTS FOR THE EVENING
WHICH INCLUDE GUEST SPEAKER, CITIZEN AWARDS AND A CHARCOAL DRAWING OF BROADWAY
STREET BACK BEFORE IT WAS PAVED. THEY ARE LOOKING AT SELLING APPROXIMATELY 100
LIMITED EDITIONS OF THE PRINT AS A FUND RAISER.
N•
CONT. PAGE 2
CONTRACT AMOUNT FOR ENGINEERING SERVICES ON ELEVATED STORAGE: THE ORIGINAL TANK THE
CITY HAD DISCUSSED ERECTING WAS A.500,000 GALLON TANK WHICH WOULD TAKE CARE OF GROW-
TH FOR MATY YEARS M COME. SINCE THE COST OF THE TANK IS SO GREAT AND THE GROWTH
MAY BE SLOWER THAN THE COUNCIL ANTICTPATED FOR A WHILE THE COUNCIL WOULD LIKE TO
TALK TO THE ENGINEER ABOUT CH79UING TO A 300,000 GALLON STORAGE.
THERE WILL BE A CALLED METING ON THURSDAY FEBRUARY 22, 1996 AT 7:00 P.M. TO TALK
ABOUT THE STORAGE TANK.
RONNIE TUCKER, FIRE CHIEF AND MARSHALL - DISCUSSION ON PROGRESS OF FIRE DEPT:
RONNIE TUCKER MEI' WITH THE COUNCIL TO LET THEM KNOW HE HAD TALKED WITH LOWELL
BROOKS, WHO RENTS THE PROPERTY AT 410 WEST BROADWAY. MR. BROOKS BUYS COMPU''iMS
AND SCRAPS THEM FOR THE COPPER. AT PRESENT MR. BROOKS HAS COMPUTER PARTS ALL OVER
HALF OF THE BLOCK, THEY ARE ON CITY PROPERTY, PRIVATE PROPERTY AND RAILROAD PROPER-
TY. MR. BROOKS HAS AGREED TO CLEAR ALL OF THE COMPUTERS, PER FIRE MARSHALL'S
SPECS WITHIN 30 DAYS. RONNIE TUCKER TALKED WITH THE COUNCIL ABOUT THE CITY ADOPT-
ING THE UNIFORM FIRE CODE, THE CITY DOES NOT HAVE ONE AND THE CITY ATTORNEY IS
WORKTNC', ON THTS AT PRESENT. RONNTE REPORTED AT APPRnXTMATFT,V THF 1gt nF FFRRTTARV _
1996 THE FIRE DEPARTMENT STARTED THEIR FIRST RESPONDER PROGRAM.'
R01NNIE WAS ASK TO BRING A LIST OF PRIORITIES IN EQUIPMENT THE DEPARTMENT NEEDS TO
THE COUNCIL AT THE MARCH, 1996 MEETING.
APPROVAL OF RESOLUTION REQUESTING ASSISTANCE FROM TEXAS WATER DEVELOPMENT BOARD &
AUTHORIZING MAYOR TO SIGN: MOTION BY DAVID FERGUSON AND SECONDED BY RALPH BOYER TO (96-04)
APPROVE RESOLUTION AND AUTHORIZE THE MAYOR TO SIGN. MOTION CARRIED.
AUTHORIZE MAYOR TO SIGN AGREEMENT FOR FINANCIAL ADVISORY SERVICES BY AND BETWEEN
CITY OF PROSPER ASID FIRST SOUTHWEST COMPANY: MOTION BY RALPH BOYER AND SECONDED (96-05)
BY DAVID FERGUSON TO SIGN CONTRACT WITH FIRST SOUTHWEST COMPANY. MOTION CARRIED.
APPROVAL OF FEE AGREEMENT FOR BON COUNCIL WITH McCALL, PARKHURST & HORTON &
AUTHORIZE MAYOR TO SIGN: MOTION BY BILL NISWANGER AND SECONDED BY GRADY SMOTHERMON (96-06)
TO APPROVE FEE AGREEMENT AND GIVE MAYOR AUTHORITY TO SIGN. MOTION CARRIED.
LEE, �L7�A7WRENC�E[�-r��Cy7O�N�Se❑I7�DfE�Ry�/AyU+T�HORIZIPNG PUBLIC HEARINGS (2) FOR SUBMISSION OF TEXAS
COi,'4"ILJ1.viT iT D.L..1f t -+1-K11 t'3LiWl L".E�VItiI[fi9M GD,t�A APPLICCTSTIVLV illi TF���T'+n DE CILlTL Vl Vl HOT
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AND COMMUNITY AFFAIRS: LEE LAWRENCE MET WITH THE COUNCIL ON APPLYING FOR A GRANT
AGAIN THIS YEAR. NO EXPENSE TO CITY EXCEPT (2) PUBLIC HEARING NOTICES. MR.
LAWRENCE GETS NO FEE IF THE CITY IS NOT FUNDED, CITY WOULD NEED TO PUT IN AROUND
$25,000.00.
MOTION BY JIM DUNMIRE AND SECONDED BY DAVID FERGUSON TO HOLD HEARINGS AND APPLY.
MOTION CARRIED.
STEVE WITT-REQUEST TO PURCHASE, AT HIS EXPENSE, FIRE HYDRANT FOR CORNER OF HIGH -
POINT AND BETTS LANE: MOTION BY RALPH BOYER AND SECONDED BY DAVID FERGUSON TO INSTALL
THE FIRE HYDRANT WITH CITY LABOR Ir MR. WITT WICHES TO PAY FOR THE FIRE HYDRANT AND
PARTS TO INSTALL. MOTION CARRIED.
PROXY VOTE - DANVILLE WATER SUPPLY CORPORATION, ANNUAL MEETING: MOTION BY RALPH
BOYER AND SECONDED BY GRADY SMOTHERMON TO GIVE MAYOR AUTHORITY TO PROXY VOTE, CAST
CITY'S VOTE FOR MIKE HOWARD. MOTION CARRIED.
CONT. PAGE 3
APPROVAL OF ORDINANCE AMENDING ANIMAL CONTROL ORDINANCE NO. 88-10: MOTION BY
DAVID FERGUSON'AND SECONDED BY BILL NISWANGER TO APPROVE AMENDMENT TO ANIMAL 996-07)
CONTROL ORDINANCE NO. 88-10. MOTION CARRIED.
EMPLOYEE ACHIEVEMENT & COMPENSATION: TONY ORTEGA RECEIVED HIS "D" CERTIFICATION IN
WATER ON THE 8th DAY OF JANUARY, 1996.
AUDIENCE: FORREST BENTLY OF NORTHCHASE ESTATES ASK THE CITY TO CLEAN OUT THE UNDER
BRUSH FROM THE ALLEY THAT SCRAPES THE CARS. CITY SECRETARY IS TO CALL THE COUNTY
AND SEE IF THEY WILL DO THIS FOR THE CITY.
EXECUTIVE SESSION - POSSIBLE DISCUSSION ON LITIGATION CONCERNING WATER: COUNCIL
WENT INTO EXECUTIVE SESSION AT 9:10 P.M.
COUNCIL CAME OUT OF EXECUTIVE S7ESSION AT 9:30 P.M.
MOTION BY RALPH BOYER AND SECONDED BY DAVID FERGUSON TO PERSUE LITIGATION. CARRIED.
MOTION BY BILL NISWANGER AND SECONDED BY DAVID FERGUSON TO RAISE TONY ORTEGA TO
$7.75 PER HOUR, EFFECTIVE IMMEDIATELY. MOTION CARRIED.
AQ70URN: MOTION BY GRADY SMOTHERMON AND SECONDED BY RALPH BOYER TO ADJOURN
MOTION CARRIED.
MAYOR
CITY SECRET.ARY