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02.26.2002 Town Council Minutes SpecialSpecial City Council Meeting First Baptist Church Youth Building 601 S. Church St., Prosper, TX Tuesday, February 26, 2002, 7:00pm Mayor Jim Dunmire Mayor Pro -Tem Charles Nir;niangar, loft U�alkarMirhaal Parry anri Those I'rescnt: �-��,.., , ,- Janet Phillips. Not present Larry Tracey. Call to order: Mayor Dunmire called the meeting to order. Action on adoption of Resolution No. 02-09, to set a time, date and place for a Public Hearing to discuss and review the u date of the Town of Prosper's Land Use Assumptions and Capital Im rovements Plan: Motioned by Janet Phillips and seconded by Charles Niswanger to adopt Resolution No. 02-09, to set a time, date and place for a Public Hearing to discuss and review the update of the Town of Prosper's Land Use Assumptions and Capital Improvements Plan with the intentions of setting another review after the completion of the Master Plan Project. Motion carried. Consideration and possible action upon an Agreement for the Reduction of the Extraterritorial Jurisdiction ( T J;).,af the Town of Prosper, Texas. -by and between the Town of Prosper and Denton County Fresh Water Supply District No. 10 and Valerian Properties Association L.P.: Mayor Dunmire advised Council that the recommendation of the City Attorneys and City Engineer is to take action upon the proposed agreement to reduce the City's E.T.J. extending 1/z mile west of FM1385. The acceptance of the proposed agreement will provide water and sewer to the west side of FM1385 and will require Denton County Fresh Water Supply District No.10 to pay the Town of Prosper $200,000.00. Mayor Dunmire recommended the Council accept this agreement and advised that Denton County also favors the acceptance of the proposed agreement. Michael Perry requested the Council consider an agreement be made with Denton County similar to the Town's Interlocal Agreement with Collin County, which regulates subdivisions outside of the City Limits but within the E.T.J. to comply with Prosper's subdivision ordinance. The Council agreed, explaining this would give the Council more control and protect the City if the City could enforce its subdivision ordinance in subdivisions that choose not to annex. City Administrator Jennifer Finley explained that she has been pursuing such an agreement for the past several years, but Denton County has continually failed to respond or show interest. Mayor Dunmire advised the Council of City Attorney Richard Abernathy's opinion regarding this matter. According to Mayor Dunmire, Attorney Abernathy feels that this issue has the potential of being litigated if the Council chooses not to accept the proposed agreement. Motioned by Charles Niswanger and seconded by Michael Perry to approve an Agreement for the Reduction of the E.T.J. of the Town of Prosper, Texas, by and between the Town of Prosper and Denton County Fresh Water Supply District No. 10 and Valerian Properties Association, L.P., contingent upon the creation and adoption of an Interlocal Agreement with Denton County which would regulate subdivisions outside of the City Limits but within the E.T.J. to comply with Prosper's subdivision ordinance. Motion carried with contingency. Adoption of Ordinance No 02-10, regulating alarms and requiring permits and emlit fees for alarms: Chief McFarlin requested the Council table consideration of the proposed ordinance. No action taken. Item tabled. Consideration and possible action on a contract allowing Panaband, a wireless internet provider, to position an antenna on the Town's water tower located on CR78: Mayor Dunmire advised Council that the contract appears to meet most of the points previously discussed with Panaband, but the City Attorney has not been given ample time to appropriately review and make recommendation on the document. Darin Riggs has been working on the City's behalf with Panaband. Mr. Riggs advised Council of several clarifications that still need to be made with Panaband before the City goes forth with the contract. These clarifications relate to questions regarding the base -rent amount, equipment rental, the ability of others to use the same frequencies as Panaband and credit for internet traffic coming through Prosper in route to other towns. Mayer Dunmire opposed the approval of the contract until the City Attorney is able to do a complete review, and Darin is able to clarify various other questions. Attorney Brewer may require continued negotiations with Panaband. Council expressed interest in the Panaband agreement but concurred with the Mayor's recommendation to allow the City Attorney ample time to review the document before action will be taken. Mayor Dunmire requested that Mr. Riggs continue working with Panaband as well as the City Attomey. No action taken. Item tabled. Appointment of members to the Parks and Recreation Committee: Laurie Parkinson presented Council with a recommendation for potential Parks & Recreation Members and asked Council to take into consideration people involved in soccer as well as the "traditional sports". Her recommendation included Jo Di Donato, who previously served on the New Braunfels Parks & Recreation Committee for over 15 years, as well as Jennifer Short, a coach at the Prosper Middle School. A citizen present at the meeting advised Council that Ms. Di Donato's residence is outside of the City's E.T.J., therefore she would not be qualified to serve on the Committee. Janet Phillips advised Natalie Hill, a Prosper coach and teacher, has shown interest in the Parks & Recreation Committee. Darin Riggs presented Council with a list of candidates who had expressed interest in the'Parks & Recreation committee. He advised Council that the list contains candidates with a broad range of interest from sports to "park -lovers". The list included names of the following people: Steve Witt, Corky Underwood, Randy Turner, Darin Riggs, Lania Land, Cathy Stang, Alison Cassidy, Bob Jameson, Mike Lish, Sharon Forsberg, Julie Jones, Natalie Hill and Karen Williams. After discussion and review, the Council concluded some of the candidates were not residents of the City Limits nor the Town's E.T.J. The Ordinance Establishing a Parks & Recreation Committee allows for seven (7) members, five (5) of which must be residents of the City Limits. The Ordinance provides for two (2) members that are either Prosper business -owners and/or residents of the E.T.J. outside of the City Limits. Mayor Dunmire recommended tabling this item and requested that Mr. Riggs provide Council with a list to include at least six (6) additional candidates that meet the qualifications set forth in the Ordinance. No action taken. Item tabled for the March 12, 2002, Meeting. Discussion garding an amendment to the Town's Sign Ordinance: Jeff Walker advised Council of his recent work with Civil Engineer Ron Crowell regarding proposed changes to the Town's sign ordinance. Ron Crowell presented Council regarding several issues in relation to the sign ordinance. 1.) Temporary (bandit) real estate signs are currently allowed in the ordinance, but he recommended limiting, not restricting, them. He has witnessed a strong correlation between other Cities putting heavy restrictions on bandit signs and reduction in residential sales. He recommended allowing 5 signs per sub -division and 5 signs per builder per sub -division (i.e. if a builder were to construct homes in 2 subdivisions, they would be allowed 10 bandit signs total). 2.) The Town's Ordinance currently provides for project signs limited to 400 ft. Mr. Crowell feels the project signs should be reduced to 64 ft., and allow for 1 on-site sign per 100 acres, and 1 off-site sign. Such signs would require sign permits to be issued through normal channels and approval of the landowner for offsite sign. Such project signs will also be restricted to a time limit. 3.) Actual writing on monument signs should be limited in regards to square footage with the remainder of the sign being decorative and ornate in some fashion. Mr. Crowell also recommended amending the ordinance to allow for Council to approve signs that would be for the best interest/welfare of the Town. Such signs would also require regular permitting. Janet Phillips recommended erecting directional signs at 4 or 5 various locations at comers of major thoroughfares throughout the Town. Such signs would have a Prosper logo and list names of various business with arrows pointing to the direction of the business. Business -owner Don Cardwell agreed with the idea but suggested waiting until the Master Plan is complete in order to get a better idea of where the signs should be located. Janet Phillips also expressed concern regarding Mr. Crowell's proposal, stating that it could create too many signs along the Town's roads. She suggested using the directional signs as a temporary fix until the Ordinance can be revamped, and the Master Plan completed. Don Cardwell advised that although temporary, the directional signs should be located in permanent easements. Mayor Dunmire recommended placing 4 to 5 directional signs throughout the Town to promote business and development in the new subdivisions. He requested that Ron Crowell draw up a proposal for the next Council meeting, and asked staff members to begin getting permission from property owners at the potential intersections. He also requested that the staff begin contacting business owners and developers in regards to potential interest and costs. Don Cardwell presented Council with a proposed street sign that he would like to see the Town adopt. He requested the Council approve the new sign and require all developers to use it. Michael Perry asked that the Prosper logo on the sign be made smaller in order to differentiate between the "P" logo and the street name. He suggested reducing the logo by 15 to 20%. The requirements of this new street sign will be added to the Ordinance when amended. Prosper business -owner Bruce Miller presented Council with a request to erect a sign to promote business at his nursery. He would like to place a bandit sign full-time until the proposed directional signs are constructed. Motioned by Janet Phillips and seconded by Charles Niswanger to allow Prosper businesses to place bandit signs on a full-time basis at two major intersections per business for the duration of 30 -days, at the discretion of the code enforcer, until the proposed directional signs are constructed. Motion carried Discussion and possible action on obtaining bids for improvements to CR78: Mayor Dunmire explained the major concerns regarding the repairs needed on CR78. Don Cardwell advised Council that it would cost approximately $1.2 million to concrete CR78. Mayor Dunmire appointed Charles Niswanger to research potential repairs for CR78 and prepare bids to present to Council at the March 12`h meeting. The bids should include the regrading and paving of CR78 with asphalt. Such repairs will most likely last the road at least 5 to 6 years until such time the Town can afford to concrete it. Mr. Niswanger requested Don Cardwell work with him on obtaining the bids. No action taken. Item tabled. Adioum. J" Dunmire, Mayor Amberps, Town Secretary