07.17.2001 Town Council Minutes (Special)Special City Council Meeting
City Hall -109 S. Main Street
Tuesday, July 17, 2001, 7:00pm
Those Present: Charles Niswanger, Darin Riggs, Janet Phillips and Michael Perry. Mayor Dunmire and Jeff Walker
not present.
cw1p toprir: Mayor Pro Tem Charles Niswanger called the meeting to order.
6ctLgQ on adoption of Uniform Fire Code,: Fire Chief Ronnie Tucker was present and requested that Council table
this item until he obtains additional information. Action on adoption of Uniform Fire Code tabled for future Council
meeting. No action taken.
A ,,ign q r ption of Druo Policy: Council agreed with Drug Policy and recommended that upon adoption, all City
Employees be required to sign a statement verifying they have received and reviewed the Drug Policy. Council also
requested a translation of the Drug Policy be made for our Spanish speaking employees.
Police Chief Kirk McFarlin advised Council that a breath-a-lizer cannot be used to test employees suspected of
drinking on the job. He explained that a breath-a-lizer is a State Instrument and may only be used for suspected
DWI cases. Fire Chief Tucker explained that the City may use Dr. Watson's office in Frisco to test employees
suspected of drinking alcohol Monday thru Friday, and we may use the Emergency Room for after hours testing of
alcohol.
Action on adoption of Drug Policy tabled for future meeting. No action taken.
Action on arvrovM of r IL(Z_9aaas for Fire.._Q,g rtrlerlt: Fire Chief Ronnie Tucker stated that the rescue bags are a
budgeted item, but they are over -budget by approximately $3,000. He does feel that the money can be taken out of
under -budget accounts if needed. Chief Tucker has approached the local concrete companies about donating the
money for the rescue bags. All of the companies agreed they would consider contributing in some way but have not
stated the amount. Chief Tucker is currently attempting to contact the companies to get a firm answer. Motion by
Darin Riggs and second by Janet Phillips to approve bid of $8,644 for rescue bags for the Fire Department. Motion
carried.
David Grav — Discussion and oosgkLuctjmQn reg ent fear variance from sron ordinar7ce: David Gray not present.
Council was presented with a fax from David Gray requesting a variance for a sign at the corner of Business 289 and
County Road 48. Mr. Gray has already applied for a sign permit requesting a temporary directional sign on Hwy.
289. Council unsure about the reason for Mr. Gray's request. David Gray's request for variance from sign ordinance
tabled until additional information is provided to Council. No action taken.
onsi,d 'radon and oossible action on ar pr�tl of rho-dr`i6dl ord;in,,pa r.e: City Administrator Jennifer Finley advised
that she spoke with the City Attorney who stated this ordinance is only enforceable within the corporate city limits.
It may not be enforced throughout the entire ETJ. -
Council was concerned with the proposed ordinance because it does not specifically include water. Council feels
problems could arise due to the unclear wording. They also questioned whether or not to require drilling permits for
water wells in the event they choose to allow them within the ordinance.
Due to various questions regarding this item, action on approval of no -drilling ordinance tabled until further
information is obtained. No action taken.
Qonideratac�.r7agd_ppsibie anion oro h�amgq.._q:Fm., p g 9I'irr�it for Countv Road 78 within the Prost)er CitY Ljyi,,(A:
County Road 78 currently has no posted speed limit. According to State Law, it is the same speed limit as adjacent
roads, meaning Preston Rd. This would make the speed limit 60 mph. Council recommended Police Chief Kirk
McFarlin provide a speed study on County Road 78 and a recommendation for the speed limit change. Item tabled
until Council is provided with speed study. No action taken.
I aric4tQAMJ",ll, a hn b_Q: Dan Christie and Alan with Insulation Supplies Systems were present. Alan advised
Council his company has locations in Austin,, Dallas, Fort Worth, Tyler and Waco. He feels the future Prosper
location will generate approximately $1,000 to $4,000 Iii taxes.
Insulation Supplies Systems is a drywall distribution company. They will run 18 -wheelers through Mr. Christie's
building for loading and unloading, circle around and come through a pad on the outside of the building. Number 2
Chico will be poured around the building for a driveway. According to Mr. Christie, #2 Chico sets up like concrete
due to the silt.
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Mr. Christie and Alan requested a waiver from the Sprinkler System Ordinance. Alan explained that the materials are
non-flammable and non-combustible. He will provide the building with as many fire extinguishers required by
Council. Insulation Supplies Systems has been in business for 35 years and has never experienced a fire in any of
their 5 locations. None of these 5 locations are sprinkled, nor have they experienced problems from the city councils
in which they are located. If a sprinkler were to go off on the supplies, it could cost the company potentially $1/2
million. Alan stated they feel a long-term expectancy in Prosper due to the growth in this area.
Insulation Systems Supplies make their residential deliveries with bobtail trucks and by truck and trailer. They
estimate a total of 12 to 15 trucks in/out of the building per day. Incoming deliveries will be from Duke, Oklahoma.
Only about 2 trucks in/out of the building per day will be 18 -wheelers.
Mr. Christie explained the history of his building located at 601 North Preston Road, Prosper, TX 75078, as follows.
• Prior to warehouse being built, Mr. Christie was approached to sell the land to a man who planned to
build a daycare center.
• Council zoned land as commercial.
• Daycare center deal fell through.
• Mr. Christie decided to build a warehouse (60X100), but did not know what he was going to put
inside of it. He considered storing his vintage cars and antiques inside.
• The City permitted the building (7,000 sq. ft.)
• Mr. Christie built a 12,000 sq. ft. warehouse as "a shell" with no electricity, insulation, plumbing or
concrete.
• Mr. Christie and Don Brown bought lumber and stored in warehouse to sell at later date.
• Agatha Chandler contacted Mr. Christie regarding a plumbing business for the warehouse.
• Hughes Plumbing Supply rented out east side of warehouse, and lumber placed on west side. Mr.
Christie poured concrete, built an office, insulated, and plumbed the warehouse.
• Mr. Christie and Mr. Brown sold lumber and Hughes Plumbing Supply leased out the entire building.
• Hughes Plumbing Supply discontinued lease with Mr. Christie and moved out.
• Mr. Christie met with Insulation Systems Supplies regarding a new lease on his warehouse. Mr.
Christie agreed to allow them to lease his building because he felt that another supply/distribution
company would not deem a change in usage as described in the Thoroughfare Ordinance.
• Mr. Christie met with Bill Little, City Inspector, and explained his intent to apply hardiboard to the
east and south sides of the warehouse.
• Mr. Christie met with Bill Little and Chief Tucker regarding Fire Codes. Dan explained why he did not
want to sprinkle the building. Chief Tucker and Mr. Little advised that Mr. Christie would need to
request a variance from Council.
• Mr. Christie called Jennifer Finley and requested to be put on the next available agenda.
• Kathy Webster, an employee of Mr. Christie's, called the City for an electrical release on the
warehouse while Dan was out of town.
• Mr. Christie returned to Prosper the following week, and the electrical release had not been
completed. Dan called Bill and asked if the electricity had been turned back on. Bill replied that it
had not because this was the City's way of making Mr. Christie comply with the ordinance.
• Mr. Christie attended Council meeting with his legal counsel and requested the Council recognize his
building has not changed usage; therefore, he should continue to be grandfathered into the
Thoroughfare Ordinance.
After briefing Council on the history of the warehouse, Mr. Christie requested that he not be singled out but treated
fairly like owners of other buildings and/or businesses in the City. Mr. Christie asked Council to give him an example
of when/where the same type of situation had occurred in which a Certificate of Occupancy/electricity was withheld
from a citizen. Darin Riggs advised that he would do the research and find a similar situation.
Mr. Christie explained that he continues to feel the usage of his warehouse has not changed but is willing to work
with the Council in an attempt to have his electricity reinstated. He does not wish to enter into a lengthy legal
battle, which could cause hard feelings between himself and the City. Council did not agree or take action as to
whether the usage has or has not changed on -the building. In order to have the electricity reinstated, the Council
felt a contractual agreement be drawn up between the City and Mr. Christie. The contractual agreement will contain
the following items to be completed by Mr. Christie no later than the corresponding dates.
November 1, 2001
• Erect a portico on front of warehouse
• Attach hardiplank to the east and south sides of warehouse
• Set parking stops to direct all parking to appropriate area
• Move trash containers to the rear or side of warehouse
• Install sprinkler system in the office of the warehouse
June 1, 2002
Attach hardiplank to the west and north sides of warehouse
Complete screening around warehouse to include:
1.) red tip photenias planted along the fence row
2.) shrubs planted around the front entrance
3.) crepe myrtles or trumpet vines along the storage fence
4.) red tip photenias or fencing surrounding 3 sides of trash containers
June 1, 2004
Relocate employee parking to rear of warehouse
Complete concreting in all drive and parking areas
The above items and corresponding dates will be typed by Amber Phillips, City Secretary, tomorrow and forwarded
to Mayor Dunmire. After review, Mayor Dunmire will forward to legal council to draw up a contractual agreement.
Upon discussion, Council and Mr. Christie agreed that both parties would sign the agreement, and a Certificate of
Occupancy/electricity would be released to Mr. Christie. Council advised Mr. Christie that after all of the above
repairs are completed on the warehouse, he will be in compliance with the Thoroughfare Ordinance.
a�,c9,�a�arn
f
Jim Dunmire, Mayor
a
Amber Phillips, City Secretary