MINUTES
City Council
Regular Meeting
100 East Main Street, Suite 500
Tuesday - June 27, 2006 - 07:30 PM
1. Call to Order. Mayor Callen called the
meeting to order at 7:31 pm. Council members present were Mr. Kurt Reece, Mr.
Mark Gladney, Mr. Victor Gonzales and Mr. Bruce Wood. Mr. Chuck Larosche was
absent. Staff members present were Mr. David Buesing, City Manager, Mr.
Charles Simon, Assistant City Manger, Ms. Lauri Gillam, Assistant City Manager,
Mr. John Carlton, City Attorney, Mr. Blake Overmeyer, Building Official, Mr.
Joe Carpenter, City Engineer, and Mr. Clyde von Rosenberg, Senior Planner and
Ms. Kathy Ellis, Deputy City Secretary.
2. Public Comment. Mr. Jan Rogoyski of
17806 Deren Cove, president of the Springbrook Owners Association represented
the residents adjacent to the Crossley Retail property. Mr. Rogoyski
stated council has already postponed the date for review of this matter and
asks that the July 11 date be held firm to discuss and review the rezoning of
the Crossley Retail.
Mr. Nick Thanos of 18716 Silentwater Way, Village of
Hidden Lake voiced a concern regarding the lack of effort the City has put
forth in educating citizens living around the lake in regard to preserving
water quality. Mr. Thanos passed out literature from LCRA and suggested
the city should provide citizens and especially those residents living in the Hidden
Lakes area, materials that address information pertaining to use of
pesticides, fertilizers and other chemicals that drain off into the lake.
Mr. Thanos cited an LCRA report that claimed most residents are naïve about
where their water comes from as well as how to preserve its quality. Mr. Thanos
suggested that the city create informational materials that could be mailed out
with the utility bills, shown on Channel 10, posted on the website and
available for the general public, describing the water source and what could be
done by citizens to preserve. Mr. Thanos quoted Mayor Callen’s speech
from the dedication on April 20 where she stated ‘the City of Pflugerville is
not afraid of hard work to build the projects that will make our community
sustainable in the future.’ Mr. Thanos stated he hoped the city would now
do the hard work to educate the citizens on how to preserve this valuable
resource so the hard work will not have been in vain.
Mr. Buesing introduced and welcomed the new planning
director, Mr. Trey Fletcher. Mr. Fletcher is a graduate of Texas A &
M and comes to us from the city of Bryan College Station.
Reading of the Consent Agenda. Item 5B was
removed from the consent agenda. Mayor Callen stated she had a question
on 7B regarding ‘reviewed houses”. Mr. Reece also requested clarification
of the term. Technically one house could be a reviewed house and then
they could be identical next to each other. Mr. Simon stated the
definition is found defined in the code itself. Mr. Carlton stated
he believed the term reviewed houses referred to houses already reviewed for
building permit. Mr. Carlton stated no identical elevations or house
plans within a certain area. The applicant, Mr. Rob Tiemann came forward
to explain his understanding of the ordinance. Mr. Tiemann stated his
interpretation of the set of reviewed houses means two houses on each side of
the house being reviewed and one directly across the way and one on each side
of the one directly across the way. Mayor Callen asked that 7B be pulled
until the clarification was made.
3. Approval of Minutes
A. Approval of the minutes of the June
13, 2006 Work session and Regular Meeting.
4. Ordinances First Reading
A. Ordinance ordering the dismissal of
Atmos Energy Corporation, Mid-Tex Division's application for an interim Gas
Reliability Infrastructure Program Adjustment (GRIP) for Calendar Year 2005.
John Carlton, City Attorney
5. Ordinances Second Reading
A. An Ordinance amending Chapter 155,
Subchapter B of the Code of Ordinances, also known as the Central Business Site
Development Code, regarding member qualifications of the Architectural Review
Board.
Blake Overmyer, Building Official
C. An amendment to Chapter 112 of the
City’s Code of Ordinances regarding Sexually Oriented Businesses.
John Carlton, City Attorney
6. Resolutions
A. Approving a final plat known as the
Villages of Hidden Lake, Phase 5B. The property is located south of Kelly Lane.
Charles L. Simon, ACM
7. Other Actions
A. Authorize the City Manager to
Execute an Advanced Funding Agreement with TX DOT for the Removal of a Portion
(HEB to Cedar Ridge Drive) of the Existing FM 685 Raised Median.
Joe Carpenter, P.E., City Engineer
Action on Consent Agenda. Mr. Gladney
moved that the consent agenda be approved with the exception of 5B and
7B. Mr. Gonzales seconded the motion. All voted in favor. The
motion carried.
5 B. An amendment to Chapter 157 of the
City’s Code of Ordinances, the Zoning Code, to include “Sexually Oriented
Businesses” on the Table of Permitted Uses. Mr. Gonzales asked
for clarification of the zoning designation “C” Conditional in reference to the
Comprehensive Zoning that is being brought forth in the new zoning codes.
Mr. Carlton explained that the Conditional Zoning designation is more
prohibitive than the Permitted designation that is currently in the
Comprehensive code. Mr. Carlton also reminded the council that the Comprehensive
Planning Codes revisions are in a working copy state and that there will be
changes in several places before it is finalized.
Mr. Gonzales moved the amendment to Chapter 157 be
approved. Mr. Reece seconded the motion. All voted in favor.
The motion carried.
7 B. Authorizing the city manager to
execute a revised agreement with Tiemann Land and Cattle Development, Inc. to
address the affect of recent changes to the Subdivision Code and the Site
Development Code and to reinstate the approval of the expired Park at Blackhawk
VI preliminary plan. This item was removed from the
consent agenda for clarification of the term “reviewed houses.” Mr. Carlton
checked into the ordinance and stated the items in question were a part of 155
D and E. Subsection D being the portion prescribing the restriction of
similar housing in a particular area and Subsection E explains how that is
calculated while Subsection G states there must be different floor plans and
elevations and sets forth the specifications. Mr. Carlton
said that in this agreement, the variance is being met by the builder agreeing
to building different elevations and floor plans while having only one story
plans and a single builder. Mayor Callen and Mr. Reece agreed that this
explained their concerns of having like house too close to each other.
Mr. Wood moved to authorize the city manager to execute a revised contract with
Tiemann Land and Cattle Development, Inc., Mr. Gladney seconded the
motion. All voted in favor. The motion carried.
8. Discuss and Consider
A. Report on the Zoning Code update
being prepared and reviewed by the Planning and Zoning Commission.
Mr. Simon gave an update on the progress that has been made on the institution
of composite zoning. Mr. Simon explained the concept as being the
combination of architectural elements, use of land, how site is developed,
breaking out these elements to design the look of this piece of property.
As opposed to the current zoning, for example GB….there is a list of items that
go with that classification leaving little flexibility for individual
projects. With composite zoning, there will be choices from a list that
will make a specific package for a particular site. Mr. Simon also
discussed the different categories and also talked about the need for an
operations category. Mr. Simon and the council discussed the direction of
the progress so far. Mr. Simon presented the uses and categories and the
differences between GB1 and GB2. The Planning and Zoning Commission took
the uses they felt would be objectionable and put them in GB2. Mr. Simon
also pointed out the mixed use category that will include very specialized
uses. The next thing to be worked on will be the site components and
architectural components. Mayor Callen spoke to the need for a fourth or
operation category. Mr. Simon responded the group would be giving that
item considerable thought and consideration. Mr. Reece encouraged the
group for their hard work and progress. Mr. Wood echoed those sentiments
and asked for a timeline. Mr. Simon stated that his goal is to have it
complete in two months. Mr. Gladney commented on the operations category
and reminded council that the noise ordinance was still outstanding and would
be coming back to the council for resolution. Mayor Callen thanked the Planning
and Zoning Commission for their hard work and progress so far.
B. Discuss and consider Mayor and City
Council membership on Pflugerville Community Development Corporation (PCDC)
Board, City committees, subcommittees, appointment as liaisons and appointed
negotiating teams; and consider appointment of member to serve the remaining
time on an unexpired PCDC term. Mr. Buesing stated due to the
ending of Mr. Blakeslee’s term on council, it was necessary to appoint a new
member to PCDC, as well as fill in various other committees and
subcommittees.
Capcog: Mr. Gladney currently sits on this committee and Mr. Gonzales
volunteered to accept the second position.
Downtown Planning Committee: Mr.
Gonzales currently sits on this committee along with Mr. Gladney. Mr.
Gladney stated he would like to remove himself from this committee as it didn’t
appear necessary to have two council members. Mr. Gonzales concurred. ESD
#2 – Mr. Reece currently sites on this committee, Mr. Wood volunteered to be
the second member. Mr. Wood sits on Finance and Budget committee.
Mr. Laroche was volunteered to serve. Mr. Reece currently serves on
PCDC. Mr. Wood proposed a change to this rotation and would like to
nominate a citizen instead of another councilman. Mayor stated that she
would like to volunteer her services as a PCDC board member. Mr. Wood
passed out Mr. White’s application as a qualified member for the PCDC
board. Mr. Wood made a motion to appoint Mr. Darrel White to a position
on the PCDC board, Mr. Gladney seconded the motion. All voted in
favor. The motion carried.
C. Follow up on June 23-25, 2006 City
Council Retreat Work session.
Mr. Buesing stated there is an evaluation form for the retreat. Mr.
Wood complimented the staff on the time and energy put forth for the retreat.
Mr. Buesing stated the follow up
is being worked on by the staff and will be forth coming soon.
9. Discuss and Consider Standing Items. The
following items have been placed on the agenda as recurring items, to allow for
the discussion of, and potential action on their subject matter.
A.
Matters related to Water and Wastewater Utilities. Mr. Buesing reported the city has received a notice from
Windermere concerning a rate increase. The city should be receiving that
information within the next week or so.
B.
Matters related to roads and traffic concerns. Repair of Kelly
Lane from Hidden Lakes to Weiss Lane started on Monday and will take approximately two
weeks. The work is being performed by the developer.
8D. City Manager performance
evaluation. Mayor Callen stated the City Council would
retire to executive session for the purpose of discussion of personnel matters
pursuant to Chapter 551.074 of the Texas Government Code. Action, if any, will
be taken in open session. The time was 8:37 p.m.
Council returned from executive
session at 10:06 p.m. No action was taken.
10A. Mayor and City Council
comments. Mr. Wood commented on the decrease in number of traffic
citations per Mr. Buesing’s report. Mr. Buesing stated the workload
usually causes a drop off in the tickets. Mr. Wood asked for Mr. Buesing
to check into the decline.
B. City Manager comments. Mr. Buesing reminded the lake opening has been
rescheduled for July 1 from 10 am – 1 pm. Mr. Buesing also stated there
would be a council work session on July 18th. The trip to Rosenberg
is scheduled for July 14th.
The trip will leave from Taylor
airport and attendees so far include Mayor Callen and Mr. Reece along with
staff members. Mr. Buesing asked that the retreat surveys be returned as
soon as possible.
C. Future agenda items. Mr. Wood reported that Representative Strama
will have a legislative wrap up on Thursday at 7:00 at the high school.
11. Adjourn. There
being no further business, Mr. Reece moved the meeting be adjourned. Mr.
Wood seconded the motion. All voted in favor. Mayor Callen
adjourned the meeting at 10:11 p.m.
Respectfully submitted,
Kathy Ellis
Deputy City Secretary
Minutes approved as presented July
11, 2006.
