01.12.1999 Town Council MinutesREGULAR CITY COUNCIL MEETING
TUESDAY, JANUARY 12,1999 11
CITY HALL - 109 SOUTH MAIN 7:00 P.M.
THOSE PRESENT- MAYOR COFFMAN, COUNCILMEMBERS: RALPH BOYER, JIM
DUNMIRE, LARRY TRACEY, JANET PHILLIPS, AND CHARLES NISWANGER.
CALL TO ORDER- MAYOR COFFMAN CALLED THE MEETING TO ORDER.
CONSENT ITEMS- MOTION MADE BY JIM DUNMIRE AND SECONDED BY LARRY
TRACEY TO APPROVE THE CONSENT ITEMS. MOTION CARRIED.
COMMENTS FROM CITIZENS- JOANNE SLAVEN WAS PRESENT AND COMMENTED ON THE
VANDALISM TAKING PLACE ALL OVER TOWN. HER CHRISTMAS LIGHTS AND
DECORATIONS WERE DESTROYED.
RADEAN HERRON TAX A/(:,.RgPM- RADEAN WAS NOT PRESENT BUT SUBMITTED HER
REPORT PRIOR TO THE MEETING. THE COUNCIL TABLED HER REPORT UNTIL THE
FEBRUARY 2,1999 MEETING FOR CLARIFICATION ON ONE ISSUE.
DON BROWN -DISCUSSION ON I!t(YT 29, BLQCK k .IN JA,�E ErAj�F-E-
MOTION
MADE BY RALPH BOYER AND SECONDED BY LARRY TRACEY TO ALLOW
DON TO CONTINUE BUILDING. CHARLES NISWANGER, JIM DUNMIRE, AND JANET
PHILLIPS OPPOSED. DON WAS PRESENT AND THE COUNCIL ASKED HIM FOR 48 HOURS TO
RESPOND TO HIS ISSUE, AS THEY NEEDED TO CLARIFY AN ISSUE.
DISCUSSION ON ERMI TO DO TESTING FOR SEWAGE MENTPLANr INSLEADOE LTRRA:r _ _
LAB- MOTION MADE BY JANET PHILLIPS AND SECONDED BY LARRY TRACEY TO
ALLOW ERMI TO DO OUR WASTEWATER TESTING INSTEAD OF K-LAB.
RE_QQ' STS FOR ANNEXATION: ARTHUR DA�LTQNL . S�QRRQBY,�R A _,BIL_RA_ _ _NVKAERM
CLARLE"i N RL
�,, . i-r'tmoREC'ONCRET'&LAtiplEIFJI.-!N$�LN WITH, 0 37FUR.N INC.
MOTION MADE BY CHARLES NISWANGER AND SECONDED BY RALPH BOYER TO
ACCEPT THE ANNEXATION REQUESTS. MOTION CARRIED.
1. DISCUSSION ON SUPPLYING WATER TO BUSINESS ON CR 27- MR. JENSEN WILL
WORK WITH THE CITY ENGINEER AND CHARLES NISWANGER REGARDING WATER TO HIS
PROPERTY, THEY WILL REPORT BACK TO THE COUNCIL AT A LATER DATE.
ACILIQN "SIGNING WATER IMPACT FEE AGLRE E. LATTIMORE
kNaAPP.R0VAL OF
CONCRETE- TABLED UNTIL THE FEBRUARY 2,1999 MEETING,
HICKEY CLARK - CLARIFL (,'&L UTILITY LINES FROM TAP-
jQjj.ON RESPONSIBILITY OF
MOTION MADE BY RALPH BOYER AND SECONDED BY CHARLES NISWANGER FOR
THE CITY TO ACCEPT RESPONSIBILITY FOR SEWER LINES FROM THE POINT IN WHICH THE
LINE LEAVES THE OWNERS PROPERTY. THE CITY WILL TAKE RESPONSIBILITY FOR
REPAIRS. MOTION CARRIED,
LEE LAWRENCE WITH SOUTHWEST C0N5UI:rAN_jS,&ONSIDER AQ RIZATION F�QR T[jO -
MA R TO SIGN TEXAS CAPITAL FUND CONTRAC-17BETWEENTOWN OF PROSPER AND
iiklks- DEPARTMENT OF ECONOMIC DEVELOPMENT REGARDING HOPE, LUMBER
COMPANY PROJECT .. - - MOTION MADE BY JANET PHILLIPS AND sg-C6f46E7D BY LARRY
TRACEY TO AUTHORIZE THE MAYOR TO SIGN THE DOCUMENT. MOTION CARRIED.
CONSIDER AUTHORIZATION FOR MAYOR TO SIGN TEXAS CAPITAL FUND CQNIRA�CLr
BETWEEN -TOWN OF PROSPER AND TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENI
KEGARDJNL(j Ot7SQtjR(LjL, )tUjIQNS INC. PROJECT- TABLED UNTIL A LATER
DATE.
ACTION ON SH 289 / US 380 DEVELOPMENT ORDINANCE FOR THE, RETAIL AND MU,I,,,'rl-
fXKii—LY ZONES FOR THE CITY OF PROSPER- MOTION WAS MADE —BY JANET PHILLIPS TO
SEND THE DOCUMENT TO RICHARD ABERNATHYTO AMEND OUR CURRENT ORDINANCE.
JANET PHILLIPS THEN WITHDREW HER MOTION. MOTION WAS THEN MADE BY JANET
PHILIPS AND SECONDED BY LARRY TRACEY TO SEND THE DOCUMENT TO ATTORNEY
AND ASK FOR A REPLY WITHIN THREE DAYS. THE CITY WILL THEN ADVERTISE AND
HOLD A PUBLIC HEARING TO ADD THE AMENDMENT TO OUR CURRENT ZONING
ORDINANCE. UNTIL WHICH TIME THIS IS DONE, THERE WILL BE A MOROTORIUM PUT ON
ALL BUILDING PERMITS ALONG THIS CORRIDOR. MOTION CARRIED.
APPROVAL OF HELPING GUTHRIE LUMBER WITH COSTS FOR CULVERTIMPROVEMENTS
ON FIRST ST. AND MCKINLEY TO IMPROVE DRAINAGE AND REDUCE STREET REPAIRS -
TABLED. CHARLES NISWANGER WILL DISCUSS THIS ISSUE WITH GUTHRIE
LUMBER AND BRING A SUGGESTION BACK TO THE COUNCIL AT THE FEBRUARY 2,1999
MEETING.
APPROVAL OF ORDINANCE CLOSING ALLEY WAY SOLD TO S.W.B.T.- MOTION MADE
iiVkXL—PH —B0'Y—Ek` AND SECONDED BY CHARLES NISWANGER TO CLOSE THE ALLEYWAY.
MOTION CARRIED.
TRACY BOSTON-DISPUTE ON ALLEYWAY- MOTION MADE BY CHARLES NISWANGER
AND SECONDED BY LARRY TRACEY TO HAVE TRACY BOSTON PAY FOR ALL ATTORNEY
AND LEGAL FEES INVOLVED TO OBTAIN THE EASEMENT AND GET A WARRANTY
DEEDFOR THE PROPERTY.
DON WILLEY-REPORT-DON WAS PRESENT AND GAVE HIS REPORT. HE ALSO ASKED FOR
$i5--�46kEZWEACH OF HIS INSPECTION COSTS, $200 PER INSPECTION INSTEAD OF $175 TO
COMPENSATE FOR HIS EXPENSES AND THE EXTRA RUNNING AROUND HE DOES AS CITY
MARSHALL. THE COUNCIL GAVE NO RESPONSE. THE CITY WILL PAY FOR A KIT NEEDED
TO INSPECT GUNITE SWIMMING POOLS. DON ALSO REQUESTED THAT HIS VOICE
MAILBOX NO LONGER BE USED FOR MESSAGES.
RONNIE TUCKER -REPORT- RONNIE WAS PRESENT AND PRESENTED HIS REPORT TO
THE COUNCIL. THE FIRE DEPT. MADE 152 RUNS FOR 1998. HIS VOLUNTEERS HAD 102
TRAINING CLASSES IN 1998, CONSISTING OF 1466 HOURS. RONNIE FEELS LIKE HE HAS
WELL TRAINED AND EDUCATED VOLUNTEERS. HE ALSO PRESENTED A PIE CHART
BREAKING DOWN THE EMERGENCY CALL THAT HE FIRE DEPARTMENT RESPONDED TO IN
1998.
RECESS INTO CLOSED SESSION IN COMPLIANCE WITH SECTION 551,001 ET. SFQ. TEAA�S'
GOVERNMENT-gobf,,-To wrr.
SECTION 551.072 DELIBERATION OF REAL PROPERTY
THE COUNCIL DISCUSSED THE EASEMENT ISSUE INVOLVING THE COUNCIL AND MR,
WINIKATES. LEE LAWRENCE WILL DRAFT A LETTER TO MR. WINIKATES AND TRY TO
RESOLVE THE DISPUTE OVER THE EASEMENTS.
AFTER THE EXECUTIVE SESSION, A MOTION WAS MADE BY RALPH BOYER AND
SECONDED BY JIM DUNMIRE TO RESCEND THE EARLIER VOTE OF WAITING 48 HOURS TO
REPLY TO MR. BROWN. THE COUNCIL DECIDED THAT DUE TO THE VAGUENESS OF THE
1994 COUNCIL'S DECISION TO ALLOW 10% AS OPPOSED TO 10 FEET, SURVEY OF THE LOT
COULD MEET THE CRITERIA SET FORTH IN THOSE MINUTES. THE NEW MOTION WAS TO
ALLOW MR. BROWN TO PROCEED WITH BUILDING AND ACKNOWLEDGE THAT THE HOUSE
ON THE SURVEY DID FALL WITHIN THE VARIANCE. CHARLES NISWNGER ABSTAINED
. ..........
FROM VOTING, AND JANET PHILLIPS AND LARRY TRACEY WAS IN FAVOR. MOTION
CARRIED.
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JE IFER F��LE .CITE 6cmI RY SI" 0.mmCOFF" N, MAYOR mm mm