07.10.2001 Town Council MinutesRegular Council Meeting
City Hall -109 S. Main Street
Tuesday, July 10, 20017:00 p.m.
Those Present: Jim Dunmire, Charles Niswanger, Jeff Walker, Janet Phillips and Michael Perry. Not present Darin
Riggs.
Call to order: Mayor Dunmire called the meeting to order.
C„ansent Items: Motion by Charles Niswanger and seconded by Janet Phillips to accept the consent items. Motion
carried.
Comments from Citizens: Sandra Lindorm, President of the Prosper Community Circle, informed Council that 2002 is
the City's Centennial. Mayor Dunmire acknowledged that he was aware of this and mentioned that he has already
began contacting citizens and business -owners in preparation for the event. Ms. Lindorm recommended the
Centennial Celebration be in conjunction with the Prosper Roundup next year. No action taken.
Radean Herron TaL A C, Rept: Radean Herron presented Council with a brief report. Motion by Janet Phillips and
seconded by Charles Niswanger to approve the report. Motion carried.
Ronnie Tucker, Fire Chief, Reoort: No one present to give report.
Frpsner E.D.0 Repor : Jim Herblin reported that the E.D.C. met with Mesa Design Group last week regarding the
Master Plan. They have one more meeting planned with Mesa before a presentation is made to Council. Mr. Herblin
also reported the E.D.C. has $320,000 in its accounts.
Charles Niswanger recommended that the E.D.C. find a back-up location for the sign that they are working on. Mr.
Herblin agreed.
Mr. Herblin reported that they are currently meeting regarding parks and recreation. They have also been
researching grants for roads.
KirkMcr�,rlinPo is ,!Ctii f _ � rt: Chief McFarlin reported 5 or 6 alarms, 2 domestic disturbances and 3 fireworks
warnings since last month's regular meeting.
In regards to computer equipment, Chief McFarlin has identified a server that would incorporate the Police
Department, Fire Department and the Administrative Offices for approximately the same amount as originally
estimated for a Police Department server. Janet Phillips agreed to work with Chief McFarlin on any computer
problems that may arise.
Chief McFarlin met with Judge Moore and identified several needs for the Police Department. The City is in need of
court fines software and a court clerk. Chief McFarlin also stated he would like an administrative assistant as well.
In regards to vehicles, Chief McFarlin's car is currently in good condition. He will need another vehicle when
reserves begin working alone. He has been getting bids on 4 -wheel drive SUVs.
Chief McFarlin reported that he plans to attend training seminars on federal grants.
Consideration and pgsiple a ,,r n gru,,,n,brcrwni_rt,ja��aB,IIt for Trails of Pro%.)Pr: David Gray presented Council with
the Phase One plat of three phases. He expressed the desire to begin in a couple of weeks if the engineers can
come to an agreement on several issues.
Travis Roberts reported that he has reviewed the plan, but does not agree with some of the technical issues. He
does feel that these issues will be worked out between himself and Mr. Gray's engineer. Mr. Roberts recommended
the Council accept the final plat of Phase One.
Mr. Gray explained that Standard Pacific Trading Company is building all of the homes in this development. The
homes will range from $200,000 to $350,000 and 2600 to 4000 square feet. The lot sizes are 10,000 and 13,000
square feet.
Motion by Charles Niswanger and seconded by Jeff Walker to approve the final plat for Trails of Prosper Phase One.
Michael Perry abstained from voting. Motion carried.
Mr. Gray also requested direction from the Council regarding two sign issues. First, he requested a temporary
directional sign be put on Hwy 289. Council agreed that this sign should meet requirements set forth in the Sign
Ordinance and recommended he complete a sign permit. Second, Mr. Gray would like to put a "Coming Soon" sign
on the Trails of Prosper property. The Council recommended he come back to Council to request a variance for this
particular sign.
Consideration prjdpos ible ktcltion on approval of no•driPl'ino ordin,2,n : Mayor Dunmire explained that this ordinance
is consistent with the No -Drilling Ordinances in other cities, and it is in the best interest of the City to approve it. He
explained that it does not necessarily mean "no -drilling" but rather regulates the drilling. The Council requested a
clarification to determine whether the ordinance refers to the entire ETJ or the City Limits. Consideration and
possible action was tabled until legal counsel can make clarification. No action taken.
Considerak fl and action upon settlement agreement and release with S'trittmatter I'rrioatugn Suppty, In Motion by
Jeff Walker and seconded by Michael Perry to sign settlement release with Strittmatter Irrigation Supply, Inc.
Motion carried.
Dan Christie — Discussion and oossible action on request for variance from Thoroualffare OrdiniLRi c: Dan Christie
introduced his legal counsel, John Agnue and Tom Davis, to the Council.
Mr. Davis stated that Mr. Christie called the City Administrative Offices to request a Certificate of Occupancy so that
he may have the electricity turned back on at 601 N. Preston Rd. Mr. Christie spoke with the City Inspector, Bill
Little, who explained that he would not release a Certificate of Occupancy to Mr. Christie because he was in violation
of the Town of Prosper Ordinance Number 99-24 (referred to as the Thoroughfare Ordinance and/or Corridor
Ordinance, interchangeably).
Mr. Davis further explained that they were not requesting Council approve a variance from the Thoroughfare
Ordinance, but that Council recognize Mr. Christie has not violated Section 2D Paragraph 4, "non -conforming use", of
the said ordinance. Mr. Davis stated that the actual usage of the building has not changed. It was a supply and
distribution warehouse when occupied by Hughes Plumbing Supply, and it will remain a supply and distribution
warehouse when occupied by Insulation Systems Supply. Mr. Davis explained that the only change will be plumbing
supply vs. sheetrock supply, which he does not feel changes the actual usage of the building.
Mayor Dunmire explained that issues aside from the Thoroughfare Ordinance were those of adequate fire protection.
He stated that in the past the Fire Chief requested a sprinkler system be installed, but Mr. Christie did not conform
to this request. Mayor Dunmire also mentioned that the building has no fire lane.
Mayor Dunmire recommended the Council meet with its legal counsel to define the change of usage issue and
determine whether Mr. Christie can continue to be grandfathered into the Thoroughfare Ordinance.
Mr. Davis explained that Mr. Christie is presently in need of electricity in his building in order to meet the duties
listed in his lease contract with Insulation Systems Supplies. The supply company's lease begins August 1, 2001,
and Mr. Christie must make certain repairs to the building before they are able to move in. If a Certificate of
Occupancy is not released and electricity given to Mr. Christie, he will be forced to take action against the City.
Mayor Dunmire advised that the City's legal counsel will be contacted first thing in the morning, and Mr. Christie will
be contacted immediately thereafter as to how our legal council advises we proceed — to turn on/not turn on the
electricity.
Finally, Jeff Walker requested that the Council be given, in -writing, a report of the type of business that was
previously in the building, Hughes Plumbing Supply, and of the new business set to come into the building,
Insulation Systems Supplies distribution (e.g. type of equipment and material stored in the building, type of traffic
generated by this business, type of vehicles in/out of the building, hours of traffic, etc.).
No action taken. Tabled until further notice.
fi chapl Nttqg - Discus�ppn anc� possibBe <acfi�an �ao1'request for vpr'iAnce frorn-Diprouollfare Qre�.kraance: Michael
Dalton presented Council with -the situation involving his agricultural shop at 104 East Pr Street. Mr. Dalton stated
that, much like Mr. Christie, he feels the actual usage of the building has not changed. He had personally used this
building for farm equipment and excavation equipment in the past. Mr. Dalton now leases the building to a concrete
contractor.
Mr. Dalton stated that he has requested his renters clean up the surroundings of the shop and construct a fence
around the entire property. He stated this should be completed sometime in the near future but indicated no
specific date.
Mayor Dunmire recommended the Council meet with its legal counsel to define the change of usage issue and
determine whether Mr. Dalton can continue to be grandfathered into the Thoroughfare Ordinance. Council also
requested Mr. Dalton present them with a report of the type of business presently in the building and of the type of
business previously in the building, (e.g. type equipment and material stored in the building, type of traffic
generated bythis business, type nfvehicles in/out ofthe building, hours of traffic, etc.).
Noaction taken. Tabled until further notice.
�eacUvnwnboodfor�0eeg&�b@��Don Cardwell pnsen0edCound|with arequest for a2'
year 1096maintenance bond. Mr. Cardwell also requested Council consider changing the ordinance. Motion by
Charles Niswangerand seconded byJanet Phillips Loaccept 2year1O96maintenance bond for Steeplechase.
Motion carried.
nbond for Ep etPhase 3: David VVhitsettpresented Council with arequest
for a 2 -year 10% maintenance bond. Motion by Charles Niswanger and seconded by Jeff Walker 0oaccept 2'year
1O96maintenance bond for Gentle Creek Phase Three, Motion carried.
Discussion onCmwn : Don Cardwell presented Council with request for paving County Road 78.
Mayor Dunmire stated that the City |yawaiting afollow upfrom Collin County.
Mr. Cardwell also reported his concern over the speed limit onCounty Road 78. Mehas witnessed many people
speeding, as well as several people losing control on this road. He feels the speed limit should be lowered and
posted before it results in an accident. Mayor Dunmire indicated that the speed limit issue on County Road 78 will
beaddressed atafuture Council Meeting.
Finally, Mr. Cardwell mentioned that time is running out to have the chip and seal done to County Road 78. Mayor
Dunmire stated that action will betaken immediately.
No action taken.
Action omacqgept?n of Annexation Petition from Agendeman from 8lackar1Development
presented Council with arequest toaccept the annexation petition for Whispering Farms, Motion byCharles
Niswanger and seconded by Janet Phillips to accept annexation petition from Blackard Development for Whispering
Farms. Motion carried.
Peddlers' Permits: Council discussed changing peddler's
permit fees from $30/day to the following:
° Daily
$10.00
° Monthly
$40.00
° ]Months
$120.00
^ hMuntho
$180.00
° 1Yoar
$300.00
Council also discussed whether meal wagons and Schwann's should be required to obtain peddler's permits.Mayo
Dunmire requested that Bill Little research this issue.
Mayor Dunmire recommended the City issue bright colored stickers with expiration dates oothem atthe time the
permits are issued tuthe peddlers.
Council also agreed the peddler's permit fees are to be applied per cart, not per company. It was also agreed that
the Administrative Office inform peddler's of a 72 hour turn -around time due to the processing of background checks
onthe peddlers.
Motion by Janet Phillips and seconded by Jeff Walker to set the new permit fees listed above. Motion carried.
�ghDunmire, Mayor
Amber Phillips, oty'Secetary �