MINUTES
City Council
Regular Meeting
100 East Main Street, Suite 500
Tuesday - September 09, 2008 - 07:30 PM

 

1. Call to Order. Mayor Jeff Coleman called the meeting to order at 7:41 PM. Councilmembers Wayne Cooper, Mike Marsh, Starlet Sattler, and Victor Gonzalez were in attendance. Councilmember Darelle White was absent. City employees in attendance: David Buesing, City Manager; Floyd Akers, City Attorney; Lauri Gillam, Assistant City Manager; Christa Deamer, Deputy City Secretary; Beth Davis, Finance Director; Amy Good, Assistant Finance Director; Trey Fletcher, Planning Director; Joe Carpenter, City Engineer; Blake Overmyer, Building Official; Chuck Hooker, Police Chief; Bill Anderson, Police Lieutenant; Mike Clowdus; Police Corporal; Charles Simon, Economic Development Director/Assistant City Manager; Lori Paul, Assistant to the City Manager.

 

Items were addressed in the order as recorded in the minutes.

 

2. Opening.

A. Pledge of Allegiance to the Flag of the United States of America: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands: one Nation under God, indivisible, with Liberty and Justice for all.

 

B. Pledge of Allegiance to the Texas state flag: Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.

 

Mayor Coleman led those in attendance in reciting the Pledge of Allegiance to the flag of the United States and of Texas.

 

3. Presentations.

A. Award Presentation - Crime Prevention Award Presented to Chief Charles Hooker.  Mayor Coleman gave a presentation recognizing Chief Hooker.

 

4. Public Hearings.

A. Second Public Hearing on the Tax Increase for Fiscal Year 2009.
Beth C. Davis, Finance Director, gave information.

 

Katie Brewer, 1040 Kensington Castle – Ms. Brewer stated that the tax percentage went down but home values went up so there will be a tax increase. She referred to information in the Community Impact newspaper about Pflugerville having the highest taxes and said that we have grown but taxes have not gone down. She said that City Council could lower taxes and that it is time for a decrease. She asked when citizens will say no, that we don’t want our taxes to be raised. She stated that the tax assessor is not fair and that citizens need to know who local politicians are and question them.

 

Erica Grignon, 16910 Columbine – Ms. Grignon stated that she sat in on the budget worksession in July and appreciated the hard work done and believes Council is fiscally conservative. She went on so say that she can’t afford any more taxes. She asked that citizens contact the tax assessor and do research to question their home’s tax appraisal. She stated that she is afraid that citizens won’t be able to afford to shop at the new stores.

 

Mr. Cooper motioned to close the public hearing. Mr. Gonzalez seconded the motion. All voted in favor. The motion carried.

 

B. To receive public comment and consider an application to change the zoning from Agriculture/Conservation (A) to General Business-1 (GB-1), for Lot 1A, Watson Park Addition 1-A, an approximate 0.6-acre parcel of land within the City of Pflugerville, Texas to be known as the Sonic Drive-In #16 Rezoning. The property is located at the northwest corner of Parkway Dr. and FM 1825. (REZ-08-0089) This item is accompanied by Item 7A.
Trey Fletcher, AICP, Planning Director gave information. No one requested to speak on this item. Mr. Gonzalez motioned to close the public hearing. Ms. Sattler seconded the motion. All voted in favor. The motion carried.

 

C. To receive public comment and consider an application to change the zoning from Agriculture/Conservation (A) to General Business-2 (GB-2), for Lot 2, Block A, Springbrook Industrial Park, Section One, an approximate 1.66 acre parcel of land out of the Elias McMillian Survey in Travis County Texas, to be known as the Star Charter School Rezoning. The property is located along the north side of Central Commerce Ct., generally east of Central Commerce Dr. (REZ-08-0050) This item is accompanied by Item 11A.
Trey Fletcher, AICP, Planning Director gave information. He stated that the staff concern is that current conditions and zoning may not be compatible with and may hinder expansion for a school. He then stated that the Planning & Zoning Commission made a recommendation of approval. He explained that the rezoning application was initiated by the applicant and the applicant owns the property and has funding tied to the property.

 

Jeff Howard of McLean & Howard, L.L.P. speaking on behalf of applicant – Mr. Howard stated that The Star Charter School is a commuter school that doesn’t need pedestrian connectivity but does need to relocate. He went on to say that when the property was bought, zoning was not an issue in 2006 before annexation, and there were no issues in early meetings with City, so they acquired financing to build the school at significant cost. He explained that the school board’s first priority is the safety and health of students and it is committed to that site. Mr. Howard said that GB – 2 is an appropriate zoning category and the school is convinced that the site will work for students and staff. In response to a question from Councilmember Cooper, Mr. Howard stated that the selection of the location was an economic and operational decision. He said that the adjacent floodplain property was gifted to the school. He answered that they don’t know cost of an access road because they are only at the re-zoning phase. He then stated that the plan is to keep most of the floodplain wild and it will be maintained by the school.

 

Mr. Kelly Drake and Mr. John Fish joined Mr. Howard on behalf of the school for discussion and to answer questions. Mr. Drake stated that the school has an enrollment of 305 and they are limited by their current facility. He said that the new facility would allow for maximum enrollment of 360. Mr. Howard explained that they had already spent about $100,000 in financing alone, not including the cost of the land. Mayor Coleman asked about screening and fencing for the protection of the children. Mr. Fish answered that they haven’t worked out those kinds of details yet. He went on to say that the greenbelt would be an important part of the school because the school would face the greenbelt and there is not time for the children to have outdoor activity to worry about kids walking around outside. He stated that he feels that being visually separated from the industrial surroundings will give it a natural feel. He then pointed out that only 150 students attend the school at one time and answered Mr. Marsh’s question that it is a public school that students elect to go to.

 

Jennifer Huff, PO Box 144, Taylor – Ms. Huff stated that she is a minority owner and spoke on behalf of MPS (a sheet metal shop) that is located next  door to the proposed property. She stated concern about a school going in next door because there will be lots of welding, noise and traffic. She asked if the zoning for a school next door would affect them. Trey Fletcher explained about the zoning code and stated that the noise ordinance would apply uniformly but there would be no additional restrictions because of the school.  Floyd Akers then explained more about the noise ordinance.

 

Sherilyn West, 1607 Passion Vine Ct – Ms. West stated that she has two kids that go to Star Charter School. She said that all of the kids are dropped off and picked up. Mayor Coleman asked if she was concerned about the surrounding businesses. She responded that compared to the current location, the quality of education and teachers outweighs everything. She expressed that this location is better than the current location.

 

Julia Chambers, 1005 E Austin Ave, Round Rock – Ms. Chambers stated that she is the mother of two kids that go to Star Charter School. She stated that it is the only school available without fees that will help children that want to pursue the Olympics, acting, or go to college while going to high school.  She went on to say that parents have to be a partner with the school and have to bring their children to school. She said that she doesn’t believe that there will be issues with kids or parents in that environment. She also said that they would bring business into Pflugerville even if they don’t live here. Ms. Chambers concluded by saying that it is an outstanding school, that she appreciates the opportunity to have a good home and hopes there is a way that they can have a home in Pflugerville.

 

Kathy Pickle, 7520 Fireoak Dr – Ms. Pickle is a teacher at Star. She explained that it is unique school, that the ratio is 1 teacher to 15 students and the supervision is tremendous. She stated that it is a commuter school, not a neighborhood school that people would be walking to and thinks it is terrific opportunity for Pflugerville to have the school here. She concluded that staff and administrators would provide security.

 

Mr. Cooper motioned to close the public hearing. Mr. Marsh seconded the motion. All voted in favor. The motion carried.

 

5. Public Comment.

Lisa Rogers, 1120 Glendalough Dr – Ms. Rogers expressed concern about the recycling program. She stated that she was disappointed at the loss of glass recycling and wants corrugated cardboard pickup as well and would pay more for it. She concluded that she wants to know that her recycling is making a positive impact on the environment.

 

Jennifer Ziegler, 1214 Golden Eagle St – Ms. Ziegler agreed with Ms. Rogers and stated that it was a step backward to stop taking glass to be recycled and wants to recycle at the curb, not to have to drive somewhere to do it.

 

Kimberly Wassmuth, 15021 Drusillas Dr – Ms. Wassmuth agreed with Ms. Rogers and Ms. Ziegler and said that she doesn’t understand how Austin can have great recycling but Pflugerville doesn’t. She advised the Council not to go backward but go forward with recycling.

 

Lisa Sweets, 1349 Lochaline Loop  – Ms. Sweets agreed with the other speakers and stated that she would like to see the recycling program expanded. She went on to say that Pflugerville has a long way to go and she would like Pflugerville to be able to compare ourselves to Austin in recycling.

 

Mr. Buesing stated that Pflugerville is looking at a comprehensive recycling program. He explained that there is no market for glass and that it is ending up in the landfill anyway. He went on to say that the City knows that it wants a full array of recycling but they want to do it right. He pointed out that Austin has the volume and market to recycle glass. He said that he hopes that we will soon have a recycling center and asked the public to be patient with the City while we come up with a good plan. Mr. Buesing concluded by saying that the contract will be bid out again within the year and it will be a good program.  

 

Reading of the Consent Agenda. Ms. Deamer read the items along with the captions of the ordinances under consideration.

6. Approval of Minutes.

A. Approval of the minutes of the August 19, 2008, Special Meeting; and August 26, 2008, Worksession and Regular Meeting.

 

7. Ordinances First Reading.

A. Approving an ordinance on first reading with the caption reading: An ordinance of the City of Pflugerville, Texas amending Ordinance No. 874-07-04-10 of the City of Pflugerville, Texas, as amended, by changing the zoning designation of Lot 1A, Watson Park Addition 1-A, in the City of Pflugerville Texas, from Agriculture/Conservation (A) to General Business-1 (GB-1) and providing an effective date. The property is located at the northwest corner of Parkway Dr. and FM 1825. (REZ-08-0089)This item is accompanied by Item 4B.
Trey Fletcher, AICP, Planning Director

 

8. Ordinances Second Reading.

A. Approving an ordinance on second reading with the caption reading: An ordinance of the City of Pflugerville, Texas, adopting the third amendment to the Fiscal Year 2008 budget for the City of Pflugerville; and providing an effective date.
Beth C. Davis, Finance Director

 

B. Approving an ordinance on second reading with caption reading: An ordinance authorizing the City Manager to execute one or more leases for the recently acquired Priem Tract for farming and residential uses to the Priem's holdover tenants; replacing all ordinances in conflict; containing a savings clause; and declaring an effective date.
Floyd Akers, City Attorney

 

C. Approving an ordinance on second reading with the caption reading: An ordinance of the City of Pflugerville, Texas amending Ordinance No. 874-07-04-10 of the City of Pflugerville, Texas as amended, by changing the zoning designation from Agriculture/Conservation (A) to Light Industrial (LI) for Lot 11, Block A Springbrook Industrial Park, Section 1, an approximate 1.51-acre parcel of land within the City of Pflugerville, Texas, to be known as the Noble Site Rezoning, and providing an effective date. The property is located generally at the southeast corner of Picadilly Dr. and Central Commerce Dr. (REZ-08-0091)
Trey Fletcher, AICP, Planning Director

 

D. Approving an ordinance on second reading with the caption reading: An ordinance of the City of Pflugerville, Texas amending Ordinance No. 874-07-10 of the City of Pflugerville, Texas as amended, by changing the zoning designation from Agriculture/Conservation (A), with the CBD Overlay District, to an Alternative Land Use Regulations District (“ALUR”) on approximately 29.075 acres of land located within the C.S. Parish Survey Number 5, Abstract Number 621, and the Sefrin Eiselin Survey Number 1, Abstract Number 256 as situated in Travis County, Texas to be known as the Pflugerville Town Square ALUR. The location of the request is the northwest corner of Pecan Street and FM 685.
Trey Fletcher, AICP, Planning Director

 

9. Ordinances Third Reading.

A. Approving an ordinance on third reading amending Chapter 150 regarding the City Construction Code and the adoption of the 2008 National Electrical Code, with the caption reading: An ordinance of the City of Pflugerville, Texas, amending the City of Pflugerville, Texas Code of Ordinances, Chapter 150, regarding the adoption of the National Electrical Code, 2008 Edition; establishing penalties not to exceed $2000.00 per offense; and providing an effective date.
Blake Overmyer, Building Official

 

10. Resolutions.

A. Approving a resolution approving a change in the tariffs of Atmos Energy Corporation, Mid-Tex Division as a result of a settlement between Atmos and the Atmos Texas Municipalities.
Floyd Akers, City Attorney

 

B. Appointment of a representative from Austin Foam Plastics to the Healthcare Steering Committee.
Charles L. Simon, ACM / ED Director

 

Action on Consent Agenda. Mr. Marsh made a motion to accept the consent agenda as read.  Mr. Gonzalez seconded the motion.  All voted in favor.  The motion carried.

 

Mayor Coleman then referred back to item 4A – Second Public Hearing on the Tax Increase for Fiscal Year 2009. He reopened the public hearing because he didn’t state before when the vote would be. No one else requested to speak on the item. Mayor Coleman stated that the vote on the tax rate would be September 23, 2008 at 7:30 PM. Mr. Gonzalez motioned to close the public hearing. Mr. Cooper seconded the motion. All voted in favor. The motion carried.

 

11. Ordinances First Reading.

A. Approving an ordinance on first reading with the caption reading: An ordinance of the City of Pflugerville, Texas amending Ordinance No. 874-07-04-10 of the City of Pflugerville, Texas as amended, by changing the zoning designation from Agriculture/Conservation (A) to General Business-2 (GB-2) for Lot 2, Block A, Springbrook Industrial Park, Section One, an approximate 1.66 acre parcel of land within the City of Pflugerville Texas, to be known as the Star Charter School Rezoning, and providing an effective date. The property is located along the north side of Central Commerce Ct., generally east of Central Commerce Dr. (REZ-08-0050) This item is accompanied by Item 4C.
Trey Fletcher, AICP, Planning Director gave information about construction and explained about staff’s concern for the safety of the children. There was discussion with Council about annexation and zoning issues. Mr. Marsh stated that if that is where they want their school knowing that it’s going into an industrial district he has to support it. Mr. Gonzalez stated that he appreciates parents that can take their kids to school and pick them up and would be comforted if they are in the City where there could be a 3 or 4- minute emergency response time from Pflugerville police. He concluded that he supports the rezoning. Mr. Marsh motioned to approve the rezoning. Mr. Gonzalez seconded the motion. All voted in favor. The motion carried.  

 

13. Discuss only.

A. Improvements to Kelly Lane between SH 130 and Kennemer Drive.

Doug Weiss, 18932 Canyon Sage -  Mr. Weiss commended staff but stated that he is afraid that Pflugerville is growing so quickly and some things that may have come up in the short term may affect what happens to the road. He expressed concern about the flow of traffic around the school and Falcon Pointe. He stated that he was concerned about it ending at Falcon Pointe. Explanation from Council alleviated that concern. He also expressed concern about the lights at Falcon Pointe and Kennemer being so close together. Mayor Coleman directed Mr. Weiss to watch the worksession on the website to answer a lot of his questions and concerns. He also stated that there would be another worksession on it as well. Council discussed starting an early worksession at 5:30 PM in the future to discuss Kelly Lane. 

 

B. Discussion regarding the development of multifamily design guidelines.

Trey Fletcher gave information including current requirements for RM1 and RM2. He explained that design guidelines can address architectural, landscaping/site, amenities, situation/adjacency, orientation and composition. He stated that the strategy would include a committee, using Pfcona as a forum, SWOT analysis, a visual preference survey, recent history of rezoning requests/citizen concerns raised, and a 60-90 days plus adoption process. There was discussion with Council. Mr. Fletcher asked for direction from Council on assembling a committee. Council directed Mr. Fletcher to assemble an initial list of members including citizens, developers and representatives from HOAs. It was decided that Mayor Coleman and Councilmember Mike Marsh would also be on the committee.

 

13. Discuss and Consider

B. Discuss and consider action to a the City Manager to negotiate and execute a contract with a firm for the Old Town Pflugerville Vision for Tomorrow Project
Trey Fletcher gave information. He stated that there were 18 submissions and the recommendation is Kendig Keast Collaborative out of Sugarland as the lead, and Jose E. Martinez, LLC out of Austin as the sub. Mr. Cooper said that it was arduous review process but the recommended firm “gets it.” He stated that he thinks it is going to be a beneficial process because they understand what we want. There was discussion with Council and it was determined that the project would establish policy, not plan. Mr. Cooper moved to follow the committee recommendation. Mr. Marsh seconded the motion. All voted in favor. The motion carried.

 

A. Discuss and consider action to cast the City of Pflugerville's ballot in the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election.
Mr. Cooper motioned to have Mr. Buesing cast the ballot on behalf of the City. Mr. Marsh seconded the motion. All voted in favor. The motion carried.

 

Mayor Coleman announced that the City Council was retiring to executive session for discussion on item 13C.  The time was 9:50 PM. 

 

C. 1.) Executive Session Item: Receive an update regarding matters related to economic development negotiations to include incentives for potential commercial development. 2.) Open Session Item: Discuss and consider taking action regarding matters related to economic development negotiations to include incentives for potential commercial development. The item was to be discussed in executive session.

 

Mayor Coleman reconvened in open session at 10:35 p.m.  No action was taken.

 

15. Administrative Matters.

A. Mayor and City Council comments. Mr. Marsh asked if there would be any impact on the City from Hurricane Ike. Mr. Buesing said there were plans for housing evacuees at schools and there are plans in place for negative weather impact. Mayor Coleman said that he had spoken to Chief Hooker and there is a very comprehensive plan in place. Mr. Buesing explained that there are plans in place in case there is damage to the City. Mayor Coleman said that they would suspend the parking ordinance if there were evacuees from the coast so they could park their trailers on the street. Mr. Buesing concluded that the City is ready.   

B. City Manager comments. Mr. Buesing mentioned the annexation hearing on September 9^th, the ribbon cutting on September 11^th, clean-up day on October 4^th and National Night Out on October 7th.

C. City Attorney comments. There were no City Attorney comments.

D. Future agenda items. No future agenda items were noted.

 

15. Adjourn. Mr. Gonzalez made a motion to adjourn.  Ms. Sattler seconded the motion.  All voted in favor.  The meeting was adjourned at 10:41 PM.

 

Respectfully submitted,

 

 

Christa Deamer
Deputy City Secretary

 

Approved as presented on September 23, 2008.