Loading...
04.30.2002 Town Council Minutes SpecialSpecial City Council Meeting First Baptist Church Youth Building 601 S. Church St., Prosper, TX Tuesday, April 30, 2002, 7:00pm Tho -,n PrP$P.nf: Mavor Jim Dunmire, Mayor Pro -Tem Charles Niswanaer, Jeff Walker, Larry Tracey, Michael Perry and Janet Phillips. Also present were City Attorney Rebecca Brewer, City Administrator Jennifer Finley, City Planner Ed McRoy and Planning and Zoning Commissioner Mike Parkinson, Stephen Coffman, Ane Casady, Mike Wadsworth and Erica Kruckenberg. Cali to order: Mayor Dunmire called the meeting to order. Workshop with Planning and Zoning Commission: Mayor Dunmire opened the workshop by asking each Council Member and Commissioner to state the major issues that they would like addressed. The major concerns expressed were as follows: Specification of business/commercial development Larry Tracey expressed his concern regarding the types of commercial development that will be allowed in Prosper. He feels the City should limit certain industrial and convenience store type establishments. Mayor Dunmire stated that other than Prosper Town Center, he is not aware of any other retail/commercial Development presented to Council or the Commission. However, Chuck Winikates has contacted him regarding a plan for a Town Center concept as well. Establishment of consistency between Council and PU Council Members and Commissioners agreed that both groups should work together to achieve a clear consistency on development ideas. Mike Parkinson advised Council that the Commission feels that they were not given a clear direction from the Council on how to work. At present, there is an overriding feeling that the two groups are working in opposite directions. Both groups agreed that In order to make a positive impact on the City, it is imperative that they work together. Steve Coffman stated that the dissension is not only between the Council and Commission but appears to be between members of the Council as well. There have been various split decisions made over the past several months. Mike Parkinson commented that the reason for this could possibly be the type of issues presently facing the Council. The issues being faced today differ greatly from the decisions faced before Council in years past. Mayor Dunmire added that the perceived differences between the P&Z and Council are real, but he does not feel that their views are that far apart. Furthermore, he explained that he feels the split votes do not necessarily indicate opposition among Council Members. Financial condition of City and City debt Ane Casady inquired on the daily expenditures of the City. Jennifer Finley advised that all City financial information is public record and available at City Hall. The information is also provided to Council Members for review on a monthly basis. Charles Niswanger expressed concern with the City's debt, both present and future. Mayor Dunmire advised that financial representatives have expressed Prosper as very positive from a debt ratio standpoint. He explained there are certain positive reasons for the City to have a controlled, focuses, organized debt. The last bond committed $2.5 million to water, sewer and fire, with $1.1 million of which is intended for a new fire station. The money may be spent on all or a portion of those 3 areas, but may not be spent in any other area. Jeff Walker recommended more long-term planning for the City's future as well as more detailed financial Information in order to determine the best way to spend the City's funds. Mayor Dunmire requested Jeff present the staff with an outline of the information tie needs to create such detailed reports. Jeff advised that he committed to this project. Prosper Town Center — solely retail commercial or encompassing a municipal development The development calling itself Prosper Town Center is currently working with the Commission for commercial zoning. They have expressed an interest in the City locating a municipal complex within their development. If the municipal complex is not located within their development, they still plan to go forth with the commerciaUretail. Mayor Dunmire explained that this is only an expressed interest, it is not a "done deal". The City has met with the Prosper Town Center developers regarding the possibility, but there are also two other developers/landowners in Prosper that have expressed interest in a municipal complex on their property. It will be the job of the Council, Commission and Master Plan Project to determine the location and specifics on such a facility. Mike Parkinson explained that the Commission requested Prosper Town prepare a Planned Development agreement before returning to future meetings with them. He also requested a work session between the Commission and Council when Prosper Town Center returns with the PD. Larry Tracey advised that Prosper Town Center will most likely bring forth traffic issues. Steve Coffman agreed, stating that it will most likely help the City in getting a traffic light from TXDOT. Mayor Dunmire agreed, but advised not to use that as a reason to approve the development. . Water and Sewer issues Charles Niswanger explained that the City expects to have 2 new wells and ground storage tanks online by June, which should adequately handle the high -peak summer months. However, some type of watering restrictions could be foreseen due to the new homes being built, new yards with sprinkler systems and new pools. Charles advised of a conversation he had with an employee earlier in the day regarding the current sewer situation. He was told that the plant is operating at over 100%, but it is unknown if this is on an average day-to-day basis or if it is the result of infiltration on specific days in which we have experienced heavy rains. Jennifer Finley will confirm this statement with City Engineer Travis Roberts to find whether this figure is an accurate daily number or the result of periodic testing. Steve Coffman stated even if the City could handle 200 more homes, it would still would not be enough to handle Willow Ridge and Preston Lakes. Jennifer Finley explained that she has contacted North Texas Municipal Water District requesting the City be allowed to buy surface water and hook onto sewer. Mayor Dunmire advised the anticipated completion for surface water is V or 4°h quarter of 2003. Travis Roberts is in the process of determining where, when and how this may be completed. The anticipated timeframe for the City to be tied into NTMWD's sewer is 18 to 24 months. The solutions with NTMWD are all long-term solutions, and the City is in need of short-term temporary solutions at this point. A workshop with the City Engineer will be scheduled in the very near future to determine various options. Decision making without a Master Plan Council Members and Commissioners agreed on the difficulties surrounding decision-making in the absence of a completed Master Plan. It is imperative that today's decisions fit in with the ultimate goal of the completed Master Plan without losing out on any present opportunities. The La Cima Subdivision The La Cima subdivision was approved for annexation and zoning by the Council late last year. The entire build -out of the subdivision will be approximately 1,000 homes. Council Members and Commissioners agreed that since the approval, La Cima has served as a point of contention between the two groups. At the last regular meeting of the Planning & Zoning Commission, the preliminary plats for Phases 1 & 2 were denied based on the burden that it could potentially place on public safety with its sole entrance being onto SH380 with no turn lanes or traffic lights. Steve Coffman advised that there were a number of concerns, but this was at the top of the list. Jennifer Finley explained that the City Attorney was contacted by the developer's attorney, who stated they would like to be placed on an agenda to appeal the decision to Council. His reasoning was that the developer met all the preliminary plat requirements outlined in the City's subdivision ordinance. Attorney Brewer explained that the call was mostly a "heads -up", but the developer will have no legal grounds for complaint unless the Council denies the appeal. Various Commissioners expressed concern regarding the possibility of the Council overturning their decision. Mayor Dunmire explained that the Council has every confidence in the Commission's ability to make good decisions and stated that he could not conceive overturning a P&Z decision unless legal, viable reasons could be produced for them to do otherwise. Steve Coffman advised sewer capacity is another concern with La Cima. If the City is currently at maximum capacity, how is it possible to sewer an additional 300 lots for Phases 1 &2? Charles Niswanger explained it would require a major sewer plant expansion. Sewer capacity was at 60 to 7'0% when the Council originally UGGd q approved the annexation and zoning. The original intention was for Steve Folsom to fund a line going from the development to the sewer plant but given the current capacity it may not be possible. The last sewer plant expansion cost the City approximately $900K. At that time, it was understood that the expansion would handle approximately 900 homes in total, but due to the type of homes being built it may not be the case anymore. Rebecca Brewer advised that lack of infrastructure was a reason to deny approval of a preliminary plat. Mike Parkinson stated that the City will not be required to grant building permits in La Cima, or any other subdivision, until appropriate infrastructure is in place. Mayor Dunmire requested the staff provide the Council and Commission with an overall density comparison between Willow Ridge and La Cima. Proper means of dispersing information The issue was raised concerning the lack of information between the P&Z and Council. Mike Parkinson requested more information be provided to the Commission to give them direction regarding growth, water/sewer issues, etc. He explained the importance of knowing the impact that possible developments will have on the current infrastructure. Mayor Dunmire agreed, and explained that the City Planner will be able to carry information between the two entities. Michael Perry asked for a way to communicate legally. Rebecca stated that meetings should be the ultimate means of communication, as well as information filtrated through the Planner. Mike Parkinson explained that he has attempted to attend as many Council meetings as possible as a P&Z representative. Likewise, Janet Phillips has represented the Council at P&Z meetings and a new Council member will need to continue this practice when Janet leaves office. Everyone agreed that the attendance of representatives from the various groups helps to filtrate dialogue among other members. Regular workshops with the Planning & Zoning Commission and Council will also be crucial to healthy communication between the two entities. Rebecca Brewer suggested the planner make recommendation to the P&Z, as well as Council, in the form of a written staff report. She explained that this is has proven to be a very effective form of communication in other cities. Another possibility would be holding work sessions with the planner prior to meetings for fact- finding, details, etc. She recommended trying various methods to see what would be most effective. Ed McRoy suggested internal workshops to set forth the goals of the City. This would allow the Commission and/or Council an opportunity to alert him to their intentions. and in tum Ed communicates it back to the developer. Decision-making authority Council members expressed concern with information being passed on to them in regards to integral decisions. They advised that they would like to play a more interactive role in making decisions that have financial impact on the City. More particularly, they sited the hiring of a City Planner and the temporary building being placed behind the City Hail without Council's final approval. The Mayor explained the final approval was not actually required with these issues but understood their concern. Furthermore, he explained that the responsibility of providing such information should rest solely on his shoulders. Mayor Dunmire explained he has probably not adequately communicated information in the past but would make every attempt to do so in the future. Jeff Walker expressed concern regarding the authority, roles and responsibility of Council Members, Committee Members and staff. He requested a meeting be held after the election to outline these issues and establish lines of authority. He stated that he feels unclear as to what various staff members are authorized to do without Council approval. The Mayor agreed and stated that beyond the lines of authority, there is a courtesy in providing the Members with information regarding decisions. The Mayor explained that prior to any major actions being taken, he will make announcements at meeting, via e-mail or through phone calls. If the Council wants to be involved in every decision, then he will begin bringing everything before Council. Rebecca Brewer stated that such outlining of authority can possibly work as the foundation in creating a charter when Prosper becomes a home -rule city. Lot size minimum and average Mike Wadsworth asked the Council to give their opinion on a lot size minimum and the criteria surrounding it. Should we have a minimum surrounding the entire City of for specific areas and in what instances would we deviate from it? The general consensus of the group was for 2 to 2.1 lots per acre, but a final decision will take more time and thought. • Rapid residential growth and the need for deceleration Council Members and Commissioners agreed that the City does not currently have the infrastructure to support the rapid residential growth for both proposed developments as well as developments currently platted. Mike Wadsworth advised that there are currently 2,876 lots in process, 2,056 of those have been final plat approved. Last year, there were 92 residential building permits approved. It appears that this year's figures will easily exceed that of last year. In order to respond to developers, the Planning & Zoning Commission would like to build a consensus between themselves and the Council regarding expectations for new developments, as well as a clear understanding of the City's infrastructure and capacity. In response to the rapid growth, the City must determine whether it can afford to absorb the plats already on the books before approving additional developments. Steve Coffman suggested the consideration of enacting a moratorium until such time additional infrastructure can be provided and more financial control can be gained. Ed McRoy cautioned the Members by stating that a moratorium may be counteractive in that it has the tendency to cause developers to have a negative view the City. Furthermore, laws make moratoriums difficult to enact after a 120 -day period. Mayor Dunmire recommended an engineered slow down of residential growth, rather than a moratorium, until infrastructure needs are properly met. Ed McRoy described a possible solution to financing infrastructure in which builders would pay a reservation fee at plat equal to the impact fees, rather than paying impact fees at the time of permit. In tum, this would provide the City with the funds to construct the needed infrastructure. Rebecca Brewer explained that such a solution could possibly be met through a formal Development Agreement Contract with the developer of the subdivision. Such an agreement would provide the developer a choice between paying fees up front or at building permit. Current legislation provides for impact fees to be paid at the time of permit, but such a contract could legally give them a choice. The goal for such an agreement would be to avoid the enactment of a moratorium. Janet Phillips questioned how a moratorium could reflect the City in a negative light. Ed explained that it presents the City leaders as poor planners of infrastructure. In order to positively enact a moratorium, the City should be cautious in using it as a temporary tool for a specific reason, stating that once that problem is solved the moratorium will be lifted. Realtor John Christie requested direction on how to continue with the proposed Prosper Lakes development. Steve Coffman advised that they would give him a better understanding after adjourning from executive session with the City Attorney. Rebecca Brewer requested Council and Commission adjourn into executive session. Ad ourn In Executive Session in compliance with Texas Government Code 551.001 -9:05 m ReconyAne into Regular Session —9:20pin Mayor Dunmire requested the staff and City Engineer present Council with long-term, short-term and immediate solutions for the City's water and sewer infrastructure at next Council meeting. The Council and Commission agreed to hold off of any additional plat approvals until a workshop is held with the City Engineer, a clear understanding is obtained as to the current situation of the City's infrastructure, and possible solutions are defined. Erica Kruckenberg questioned when and if the City will begin approving affordable housing for people such as city staff members, teachers, firemen, etc. She explained that the current price range, approximately $200K and up, makes it very difficult for average income people to live in Prosper. She feels the City should make housing affordable for a diverse range of incomes. Steve Coffman disagreed, stating this would lower property values. His vision of Prosper is that of a veteran community with large rural lots. Mayor Dunmire advised the City will be able to prevent developments that are undesirable by setting high standards for quality. Adm: Mayor Dunmire adjourned the meeting at 10:11pm. M or Jim Dunmire City Secretary Amber Phillips