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MINUTES
City Council
Regular Meeting
100 East Main Street, Suite 500
Tuesday -
May 08, 2007 - 07:30 PM

 

1. Call to Order.  Mayor Cat Callen called the meeting to order at 7:30 p.m.  Councilmembers Kurt Reece, Bruce Wood, Darelle White, Mark Gladney, and Victor Gonzales were in attendance.  City staff attending: David Buesing, City Manager; Lauri Gillam, Finance Director/Assistant City Manager; Charles Simon, Economic Development Director/Assistant City Manager; Floyd Akers, City Attorney; Trey Fletcher, Planning Director; Ron Quarles, Senior Planner; Blake Overmyer, Building Official; Richard Offield, Streets Superintendent; Karen Thompson, City Secretary; Amy Atkins, Assistant Parks Director; Joe Carpenter, City Engineer.

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


3. Presentations.

A. Proclamation declaring May 8, 2007, as Teen Miss Pflugerville Day in the City of Pflugerville in honor of current Teen Miss Pflugerville Savannah Marquez.  Mayor Callen read the proclamation declaring May 8, 2007 as Teen Miss Pflugerville Day in the City of Pflugerville and presented the proclamation to Teen Miss Pflugerville, Savannah Marquez.  Miss Marquez presented her speech and award winning essay from the Texas Dream Girls USA competition.  Miss Marquez will represent Pflugerville at the National Dream Girls USA Pageant in St. Louis on Memorial Day Weekend.

 

2. Public Hearings.

A. Public Hearing to receive public comment on an ordinance of the City of Pflugerville, Texas, amending Chapter 157.400 Planned Districts and related sections of the Zoning Code, of the code of ordinances of the City of Pflugerville, Texas; adding three districts: Corridor – Suburban (Level 3), Corridor – Urban (Level 4), and Corridor – Urban (Level 5).  Mr. Fletcher provided information.  He indicated that the Planning and Zoning Commission recommended approval by a vote of 5 to 1.  Mr. Reece indicated that Paul Linehan spoke at the worksession and may need additional time to speak.  Mr. Linehan stated he believes he covered his points.  He requested that the City Council take their time and study it and wait to pass the ordinance. Wayne Cooper, Planning and Zoning Commissioner, stated that he was on the Corridor Advisory Committee, and that it was an interactive experience.  He asked the City Council to keep in mind that the ordinance in its current form is a visionary piece.  He indicated that when they prepared this document, they were looking for something that would set Pflugerville apart.  He explained that there is great opportunity to have businesses in this corridor, and for it to be a destination place.  There were no additional persons in attendance that requested to speak at the public hearing.  Mr. Wood made a motion to close the public hearing.  Mr. Gonzales seconded the motion.  All voted in favor.  The motion carried.

 

B. Public Hearing to receive public comment on an application to change the zoning from Single-Family Residential (RS-1) to Agriculture/Conservation (A) for property located north of Kelly Lane and east of Kennemer Drive described as Tract 1; Tract 2; Tract 3; Tract 4; Block 1, Lot 29; and Block 2, Lot 18 of the Fairways of Blackhawk Subdivision.  Mr. Fletcher provided background information.  He stated that the owner has expressed opposition and as a result it does require a supermajority of the City Council to approve the rezoning.  He stated that the Planning and Zoning Commission took action on April 16, 2007 to recommend approval.  He indicated that staff received a letter from the property owner requesting a postponement to study the issue further until the June 12, 2007, City Council meeting.

 

Carla James, 2616 Dunes, stated support for the zoning change.  She stated that she imagines that the vast majority of the people in attendance tonight are from Blackhawk.  She stated that she is representing her husband and her mother who is also a homeowner in Blackhawk.  She stated that they purchased their home with the expectation that they would be living in a golf course community. 

 

Gordon Wagner, 2912 Cypress Leaf Lane, Flower Mound, Texas, stated that he represents the owner and operator of the Club.  He stated that they basically got blindsided by the proactive rezoning.  He stated that for some reason there is this rampant thought process that they want to build apartments and multi-family units on the golf course, and that’s simply not what they want to do, but they do want to have the right to do with their property what they want when the time comes.  He stated that they have discussed some development on a parcel, a portion of the land.  He stated that they have no desire to take the golf course and turn it upside down and make it something different than it is.  He stated that is their business; they are a golf course owner/operator.  He stated that they own and operate 20 clubs around the country and that is what they do.  He stated that they sent a letter asking for some more time and to delay the public hearing simply so they could go through the process of understanding what land plan options they might have.  He stated other than being blindsided by the proactive zoning, they have not had time to discuss it.  He indicated he was here to voice his concern over making a decision before they have had an opportunity to see what alternative uses there might be for a portion of the golf course.  Mr. Reece asked if he can expand on that portion.  Mr. Wagner stated that they have not gone through the process enough to know.  He stated that the most opportune area would be No. 10 which goes along Kelly Lane.  He stated that they have plenty of room on the driving range, if that were to be a further opportunity.  He stated that other than that, they have absolutely no plans.  He stated that even if they were to go through that process, they understand that they would have to work with the community and the Council to get that rezoned, because they were not even talking about single family or multi unit; they were talking about a prospective commercial development of some sort.  Mr. Wagoner answered questions of the City Council.    

 

Ken Cargill, 19723 Kennemer Drive, stated that he does not know how much study the golf course corporation needs to do relative to the golf course use.  He indicated that there are issues with chopping up the golf course, and commercial development along Kelly Lane.  He indicated that he is the President of the homeowners association (HOA) and that the HOA whole-heartedly supports the zoning change, and there is no opposition within the residents of the association.  He stated that the area should be protected green space, that without green space, the financial impact on home values would be tremendous.  He stated that there are many environmental, traffic, and drainage, and service issues.  He stated that Blackhawk has always been marketed as a golf course community, and historically that has been the foundation for the development.  He stated that Blackhawk was the initial planned development in that part of Pflugerville and set the tone for the very attractive and well-planned developments that you see in the area.  He stated that it is the central part of the character and ambience of that part of Pflugerville and if we lose that, we are going to have a significant impact on the quality of life and perceptions of Pflugerville in total.  Mr. Gladney asked if the owners of golf course had ever contacted the HOA to discuss what they may want to do with the golf course.  Mr. Cargill explained that they had not.

 

Rex King, 2313 Amen Corner, stated that he read recommendations from staff on the website and their recommendations are that this be passed.  He stated that they have covered the environmental reasons, transportation issues, plus a myriad of other issues.  He asked that they act on the recommendations of their staff and approve the rezoning.

 

Mary Kastl, 19832 Vilamoura, indicated that she is in favor of zoning change.  She stated that she flies back and forth to New York and when flying back recently, she saw a couple looking out the window, and they were oohing and aahing.  She stated that they now fly along 130 and see the golf course.  She stated that it is a significant feather in the cap of Pflugerville.  She stated that she suggests that they keep it that way.  

 

Flannigan Whitfield, 2520 Dunes Drive, stated that he moved here so he could live on the golf course.  He stated that he thinks it would be bad if they did away with the golf course.  He stated that it is a great asset to Pflugerville.  He indicated that there is a lot of traffic coming down Kelly Lane and Kennemer now. He stated that he hopes the new road will help and maybe they will widen Kelly Lane also.

 

Mr. Gladney stated to Mr. Wagner that he assumes that it is not a money-making venture as it stands. Mr. Wagner stated that right now it is not a money-making venture.  Mr. Gladney asked how long it has not been a money-making venture.  Mr. Wagner stated that he has only been with the company for two years, so he cannot answer that.  He stated that they are the largest landowner out there and they would like to have control over what they do with their land.  He stated that they have heard from everybody why the golf course should stay a golf course.  He stated that they agree with them and it is going to stay a golf course.  He stated that they are thinking about changing a portion, a parcel.  He stated all they are trying to do is state that they do not have plans, but would like to have that option.  Mr. Gladney stated he is having a problem with the fact that they did not come up with alternate land plans in the past when they started to have financial problems with the golf course.  Mr. Wagner stated they are an owner/operator, and when they are not making money they try everything in their power to turn a loser into a winner.  Mr. Gladney asked if this has ever occurred at any of their other golf courses.  Mr. Wagner stated no.  Mr. Gladney asked when they discovered that there may be a need for an alternative land plan.  Discussion between Mr. Gladney and Mr. Wagner followed.  Mr. Wagner stated that they would like to have to have some time to see if that is a feasible alternative.  He indicated that it is a 30-day old concept due to the proactive rezoning.

 

Mayor Callen explained that this does not limit their ability to come forward with a request to change the zoning to allow for commercial.  Mr. Wood explained that this falls in line with rezoning to the current use, and they are doing this in other places in town.

 

Mr. Wagner indicated that they did not receive official notice in a timely manner.  He stated that they are asking for time to understand if there are alternative uses. 

 

Heather Gaddes, 2621 Amen Corner, stated that Pflugerville is growing and wants amenities to create people and businesses to come to Pflugerville.  She stated that the golf course is an amenity that we have.  She stated that she thinks that is a great amenity to have and they are upset that that would be a question.

 

There were no additional persons in attendance that requested to speak at the public hearing.  Mr. Reece made a motion to close the public hearing.  Mr. White seconded the motion.  All voted in favor.  The motion carried.  Mayor Callen indicated that the ordinance would come back for first reading at their next regular meeting on May 22.

 

C. Public Hearing to receive public comment on an application to change the zoning from General Business-1 (GB-1) to Multi-Family Residential-Moderate Density (RM-2), for property located on the east side of Dessau Road, north of Wells Branch Parkway, and on either side of the proposed extension of Olympic Drive, described as 31.15 acres out of the Alexander Walters Survey No. 67, Travis County, Texas.
Mr. Fletcher provided background information.  He stated that the Planning and Zoning Commission had recommended approval unanimously.  Tim Moltz, representing the applicant, presented and discussed with the City Council.

 

Angela Leija, 912 Purple Martin Court, stated it is sad we are in this situation today, that they should not have to be in conflict with the Wuthrichs.  She indicated it was due to poor planning by the City, and that she hopes the City will learn a lesson from this experience.  She explained that the City did not aid in finding a solution for the property after the property was split by Dessau Road.  She stated that she has major concerns with an apartment complex going up on this land.  She stated concerns for quality of life, and the density of the people who will reside on this land.  She stated that it is the City’s responsibility to ensure the quality of life will remain the same in Mountain Creek Estates.  Ms. Leija indicated that she has petitions to turn in.  Mr. Fletcher indicated that it may require a supermajority vote of Council.  Ms. Leija turned the petitions in to the City Secretary.  Mr. Reece asked Ms. Leija if she has talked to the property owner.  Ms. Leija indicated that she has.  Mr. Reece explained that the City has done its diligence in his mind with Gloria and Otto Wuthrich and that he thinks some of her accusations are incorrect. 

 

James Calo, 903 Purple Martin Court, stated he thinks it is simple, stating that all those that run for Council preach quality of life.  He asked if they want an apartment complex 30 feet from their houses.  He stated that when they bought their homes, it was zoned general business.  He stated that he would like to see the zoning taken into a little more consideration.  Mayor Callen asked if GB is preferred.  Mr. Kalo stated that he thinks the owner has a right to do all it affords as GB.  Mayor Callen asked if he believes GB rather than multi family, if that would have a better impact.  Mr. Kalo stated that depends on what business would go there.  He stated that he does not want a strip club, or all-night cantinas.  He stated he would prefer retail and business.  He stated that he wants them to consider how they would feel if they got blindsided with an apartment going up. 


Mr. White indicated that he had an apartment complex behind his home when he lived in Oklahoma.  Mr. White stated that they are all about the quality.  He stated that is one of the reasons he wants the developer to present.

 

Bob Felton, developer, stated this is blocked in by retail land and he thinks it would be good for apartments.  Mr. Felton showed pictures of other apartment developments he has developed.  Mayor Callen asked Mr. Felton to speak to the demographics that show we are ready for this development.  Mr. Felton explained that he thinks they can support these units and more.  He provided information and discussion followed with the City Council.  Mr. Gonzales stated he thinks he is still uncomfortable with the demographics.  Mr. Gladney stated he would be interested in seeing the information.  Mr. Wood explained that the rental market has bounced back.  Mr. Gonzales stated that he does not want it to become affordable housing and he would like the numbers and statistics that leads them to say that they could support it.  Mr. Felton stated that it is not just Pflugerville, but is a regional study.  Mayor Callen recommended that the developer get with Mr. Gonzales.    

 

ShaReé Runte, 907 Purple Martin Court, stated she does not agree with rezoning to multi family.  She stated if apartments had already been there, they would not have even considered it.  She stated they would love to see a mini arboretum there that they could walk to.  She stated she thinks that would benefit generations to come. 

 

Gloria Wuthrich, applicant, stated they have given it a lot of consideration and thought to this development and they plan on doing something that is good for the neighbors.  She stated when they met the developer, Bob Felton, they were really excited.  She stated they want a development they can be proud of.  She explained that she agrees that the quality of life has changed for everyone. She stated originally when they were annexed, they were zoned as light industrial.  She stated they have always tried to keep the lines of communication open with the neighbors.  She stated that they did get with the homeowners association and she understands the concerns of it being apartments.  She explained that this one is a different type of development than 1825 Place.  Mr. Gladney asked if the Wuthrichs will have a say in what commercial goes in.  Mr. Felton indicated that they do.  Ms. Wuthrich stated that they want a legacy. 

 

Samuel Cox, 611 Stevenage Drive, stated concern that petty crime would increase.  He asked what $80,000 per capita income means.  Mayor Callen indicated that it is the average home income.  Mr. Cox stated that the chose Cambridge Estates because they thought it was one of the top three neighborhoods in Pflugerville.  Mr. Cox asked what is booming in Pflugerville other than homebuilding.  He asked where all the booming business is.  He asked where the jobs are that are going to support it. 

 

Mike Debenedictis, 805 E. Olympic Drive, stated that everyone on his street has little kids playing.  He stated this would result in four exits from his neighborhood and that he understands they are only supposed to have three.  He stated that he does not have a problem with them building businesses back there, but apartments, definitely not. 

 

Mr. Wood stated he is not sure general business is the right zoning for the area.  He stated that everyone seems to think that it should be left GB and nobody is talking about the other options. 

 

Mr. Debenedictis stated that he does not see how building apartments there would benefit Pflugerville.  He asked where the booming piece of this is.  Mr. Wood stated that when he moved here 20 years ago he wanted it to remain a bedroom community, but if they are ever going to be successful in economic development, they need the full spectrum of housing to bring a nice diversity to Pflugerville.  Mr. Wood indicated that we want to land some corporate employers here.  Mr. Debenedictis stated that they also have to keep in mind the risk of layoffs.

 

Steve McMorris, 801 Purple Martin Drive, stated that he can’t say that multi family is the right thing.  He stated that he thinks GB would also lower their home values.  He stated that maybe there are other alternatives that need to be explored.  He stated he will be bordered by both GB and multi family.  He stated that he is kind of sitting on the fence on it, but looking at the lesser of two evils.

 

Mr. Gladney explained that he had a lot of the same concerns that they had since he lives in Cambridge Estates, but the one thing that he discovered about the Wuthrichs when the Cambridge Villas project came in, is that they turned down some more lucrative businesses that the neighbors would not have liked.  He stated he has not made a decision on this, but the Wuthrichs have shown some good faith in the past and are very supportive of the community.  He stated that he has faith that they are not going to bring in something that the neighborhood will object to, but he still has concerns regarding apartments.

 

Mr. Moltz stated that there are no site plans at this time.  He stated this is the zoning case at this time.  Mr. Moltz spoke to the residents’ concerns.

 

Mr. Gonzales stated that they have heard from a lot of people tonight and their comments are well taken.  There were no additional persons in attendance that requested to speak at the public hearing.  Mr. Gladney made a motion to close the public hearing.  Mr. Reece seconded the motion.  All voted in favor.  The motion carried.

 

D. Public Hearing to receive public comment on an application to change the zoning from Agriculture/Conservation (A) to Single-Family Residential (RS-1) for properties located west of Heatherwilde Boulevard and south of Pflugerville Parkway described as the Heatherwilde, Section Two subdivision, Phases One, Two and Three; Heatherwilde, Section Two subdivision, Lot 1, Block A; the Heatherwilde, Section Two subdivision, Phase One, Lot 9, Block A. To also change the zoning from Agriculture/Conservation (A) to Single-Family Residential (RS-1) for properties located west of Grand Avenue Parkway and north and south of Victoria Station Boulevard described as the Cambridge Heights, Phase A subdivision, Sections 1-A, 1-B, 2, 3, 4 and 5; the Cambridge Heights, Phase B subdivision, Sections 1, 2, 3 and 4; and the Cambridge Heights, Phase C subdivision, Sections 1 and 2. To also change the zoning from Agriculture/Conservation (A) to Alternative Land Use Regulations (ALUR) for property west of Grand Avenue Parkway and north and south of Victoria Station Boulevard described as the Meadows at Cambridge Heights, Phase One, Correction Plat; and F-Victoria, L.P. 96.765-acre tract. To also change the zoning from Agriculture/Conservation (A) to Light Industrial (LI) for properties located west of Grand Avenue Parkway and north of Picadilly Drive described as the Rodman subdivision; Michael W. Ayer 19.418-acre tract; and Picadilly 2006, L.P. 17.199-acre tract.  Mr. Fletcher provided information and answered questions of the City Council. 

 

Andres Cedeño, 17403 Zola Lane, stated concerns that just his street is being targeted as ALUR and concern that all of these houses are not considered residential.  Mr. Fletcher explained that the ALUR was approved in November of 2000, which is the regulations that these residences and streets were developed under.  Mr. Fletcher stated that the ALUR document would have to be amended before the use could be changed from residential.  Mr. Cedeño stated that no one on his street really knows what is going on or really cares.  He stated when he moved there it was a really nice neighborhood, but it has gone down hill over time.  He stated if it is still residential under ALUR, that is fine.  He stated that he would not mind being able to walk to a corner bakery.  He stated concern for unknown uses that might be allowed under ALUR.  Mayor Callen provided information on ALUR zoning. 

 

There were no additional persons in attendance that requested to speak at the public hearing.  Mr. Gonzales made a motion to close the public hearing.  Mr. Gladney seconded the motion.  All voted in favor.  The motion carried.

 

Mayor Callen called for a break at 9:50 p.m.  Mayor Callen reconvened the meeting at 9:55 p.m.

 

E. Public Hearing to receive public comment on amending Chapter 152 of the Code of Ordinances regarding Water and Wastewater Impact Fees.  Mr. Carpenter provided information.  He indicated the proposed impact fees are $2403 for water and $2414 for wastewater.  There were no persons in attendance that requested to speak at the public hearing.  Mr. Wood made a motion to close the public hearing.  Mr. Reece seconded the motion.  All voted in favor.  The motion carried.

 

4. Public Comment.  Stephen Nichols, 1410 Katy Lynch Drive, stated he would like to draw attention to the zoning issues regarding the Wag-A-Bag, the property line, and the handful of acres.  He stated there is talk of zoning this from general business to retail.  He stated there is a lot of concern in his neighborhood and the neighborhood would like it to be zoned for neighborhood services. 

Reading of the Consent Agenda.  Items 6A and 8A were removed from the consent agenda.  Ms. Thompson read the items along with the ordinance captions under consideration.

5. Approval of Minutes.

A. Approval of the minutes of the April 17, 2007, Worksession and Special Meeting; and April 24, 2007, Worksession and Regular Meeting.

 

6. Ordinances First Reading.

B. Approving an ordinance on first reading with caption reading: An ordinance of the City of Pflugerville, Texas, amending Chapter 155, the Site Development Code, Subchapter B, of the Code of Ordinances of the City of Pflugerville, Texas to modify the boundary of the Central Business District; and providing an effective date.
Trey Fletcher, AICP, Planning Director

 

C. Granting a petition for annexation and approving an ordinance on first reading with caption reading: An ordinance of the City of Pflugerville, Texas, granting a petition for voluntary annexation and annexing, for full purposes, approximately 147.6 acres of land adjacent to the City limits of the City of Pflugerville, Texas, generally located south of Cele Road, between Weiss Lane and Cele Road and being part of the James P. Kempe Survey No. 12 in Travis County, Texas, and being part of the Hoppe family trust property described in volume 12009, page 208 of the Travis County Real Property Records, in Travis County, Texas, and to be developed in accordance with the development approved by resolution by the City Council; extending the boundaries of the City to include the land; binding the land to all of the acts, ordinances, resolutions and regulations of the City; approving a service plan; and providing an effective date.
Trey Fletcher, AICP, Planning Director

 

7. Ordinances Second Reading.

A. Approving an ordinance on second reading with caption reading: An ordinance of the City of Pflugerville, Texas, establishing procedures applicable to site development within the City; amending and restating Chapter 155, Subchapter B, of the Code of Ordinances of the City of Pflugerville, Texas; and providing an effective date.
Blake Overmyer, Building Official

 

9. Resolutions.

A. Approving a preliminary plan known as Picadilly Business Park. The property is generally located west of Central Commerce Drive north of Picadilly Drive.
Trey Fletcher, AICP, Planning Director

 

B. Authorizing condemnation proceedings for a portion of the Terrell Timmermann Tract (generally located at the northwest corner of Pflugerville Parkway and FM 685) for providing the public necessity of extending the City's Wastewater System.
Joe Carpenter, P.E., City Engineer

 

C. Resolution approving a grant application to the Texas Parks and Wildlife Department for a national trail grant.
Glenn Holzer, Parks Director

 

D. Authorizing condemnation proceedings for a portion of the Terrell Timmermann Tract (generally located at the northwest corner of Pflugerville Parkway and FM 685) for providing the public necessity of drainage and flood control improvements.
Joe Carpenter, P.E., City Engineer

 

10. Other Actions.

A. Appointing Kathleen Thun as Alternate Member of the Library Board with a term ending December 31, 2007.
Karen Thompson

 

B. Appointing Eva Barragan to the Keep Pflugerville Beautiful Committee.
Karen Thompson, City Secretary

 

Action on Consent Agenda.  Mr. White made a motion to approve the consent agenda.  Mr. Gladney seconded the motion.  All voted in favor.  The motion carried.

 

8. Ordinances Third Reading.

A. Approving an ordinance on third reading for property located at the northeast corner of Heatherwilde Boulevard and Pflugerville Parkway, with 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 approximately 6.0781 acres out of the John Van Winkle Survey No. 70, Travis County, Texas, to be known as Crossley Retail Rezoning, from Agriculture/Conservation (A) to Retail (R), and providing an effective date.

 

Rubina Anjum, 1402 Amber Day Drive, stated that the proposed retail zone is unacceptable to her neighborhood.  She stated that a petition was put forward a year ago and this tract of land was also on the petition.  She stated that the gas station that has been built is causing problems.  She stated that this is an example of the City’s wrong doing.  She stated that the new zoning code has overlooked their concerns.  She stated that they protest the injustice and that they want them to be more responsive to the residents.  Mr. White asked what the recommendation is of the neighborhood.  Ms. Anjum stated neighborhood services or retail is okay with restrictions.  Mr. Fletcher indicated that NT became neighborhood services.  Council discussion with Ms. Anjum regarding restrictions in the retail zoning district followed.   

 

Mr. Wood stated he was a little uncomfortable in leaving the pumps, but if there is one there it is going to be more of a true neighborhood convenience.  Ms. Anjum stated that it is still a gas station and their neighborhood does not want a gas station.  She stated that in retail they can build two-story, so residences are going to be even more exposed.  Ms. Anjum asked how many feet the present Wag-A-Bag has.  Mr. Fletcher stated he is unsure, but stated the Wag-A-bag is an existing non-conforming use.  Ms. Anjum stated that the driveway behind the building is right next to their fence line.  Mayor Callen stated that is the issue they addressed in the new code with the 50% greenspace.  Ms. Anjum asked since the City incorrectly zoned that land, how can they correct that mistake.  Mr. White stated that at the time it was designed and placed there it was in compliance.  Mr. White stated if the Wag-A-Bag would need to rebuild, they would have to comply with the current code.  He stated that he understands the neighborhood’s concerns.  Ms. Anjum stated they feel it is insensitive to the neighborhood.

 

Jennifer Chapman, 1402 Katie Lynch Drive, stated she is concerned for future business traffic.  She stated that she feels the City is accountable for what has occurred in the past and should help them address this for the future.  She stated the neighbors who live adjacent to Wag-A-Bag have a serious problem.  She stated that they are the future potential customers for any businesses in this location.  She asked the Council to please listen to them regarding what they want for the area. 

 

Mr. Wood made a motion to approve.  Mr. Reece seconded the motion.  All voted in favor.  The motion carried.

 

12. Resolutions.

A. Approving a Preliminary Plan for Stone Hill Town Center. The property is generally located at the southwest corner of SH 130 and SH 45, and along the west side of FM 685.
Trey Fletcher, AICP, Planning Director

 

B. Approving a Final Plat for Stone Hill Town Center. The property is located at the southwest corner of SH 130 and SH 45, and along the west side of FM 685.
Trey Fletcher, AICP, Planning Director

 

Mayor Callen opened both items 12A and 12B for consideration.   Mr. Fletcher provided the final plat document under item 12B.  He explained that the applicant has not yet posted fiscal.  Mayor Callen asked if they could make the approval subject to posting bond.  Mr. Fletcher indicated there are no issues with 12A.  Mr. Wood made a motion to approve 12A and then approve 12B with the condition of posting fiscal.  Mr. Reece seconded the motion.  All voted in favor.  The motion carried. 

 

11. Ordinances First Reading.

A. Approving an ordinance on first reading with caption reading: An ordinance of the City of Pflugerville, Texas, amending Chapter 157.400 Planned Districts and related sections of the Zoning Code, of the Code of Ordinances of the City of Pflugerville, Texas; adding three districts: Corridor – Suburban (Level 3), Corridor – Urban (Level 4), and Corridor – Urban (Level 5); and providing an effective date.
Mr. Fletcher stated that they are seeking approval, but if they are not comfortable in doing so, he asked that they provide any direction needed.  Mr. Wood made a motion that they table the item and create a small workgroup of the Council to meet with a very select number of the large owners on the key tracts of land.  Mr. Wood provided comments.  Mr. White stated he has similar thoughts as Mr. Wood and provided comments.  Mr. Cooper cautioned the Council in going back to the development community, stating that they have had their say.  Mayor Callen asked Mr. Cooper if he would like to be on the small work group to meet with the developers.  Mr. Cooper indicated yes.  Mr. Wood suggested taking two Councilmembers and Mr. Fletcher to get the major issues down on paper and to bring those back to Council within the next three months.  Mr. Fletcher recommended doing it as quickly as reasonably possible.  Mr. White recommended a 30 to 45-day window.  Mr. Wood recommended picking one Councilmember and Mr. Cooper.  Mr. Wood recommended Mr. White.  Council was in agreement that Mr. White and Mr. Cooper would serve as the subcommittee.  No action was taken on the item.            

 

6A. (Ordinance First Reading) A. Approving an ordinance on first reading with caption reading: Amending Chapter 152 of the Code of Ordinances regarding Water and Wastewater Impact Fees and providing an effective date.  Mr. Buesing recommended tabling the item.  Mr. Reece made a motion to table item 6A. Mr. Gonzales seconded the motion.  All voted in favor.  The motion carried. 

 

B. Approving an ordinance on first reading, amending section 71.02 of the City Code to prohibit parking in the grass and in the side yard in residential areas, with caption reading: An ordinance of the City of Pflugerville, Texas, amending Chapter 71 of the City of Pflugerville, Texas Code of Ordinances regarding parking regulations; providing for a penalty not to exceed $500.00 and providing an effective date. Mr. Akers distributed the current parking ordinance.  He provided information on the new ordinance under consideration and discussed with the City Council.  Mr. White indicated that it should be investigated if the Colored Addition should be added.  Mr. Gladney asked for clarification of the wording concerning parking of vehicles.  Mr. Akers was to amend the language to make it clearer.  Mr. Akers provided information.  Mr. Akers indicated they counted over 100 violations in Gatlinburg if the ordinance was put in place.  Mr. Wood stated his thought is that they go ahead and pass it but provide some kind of grandfathering period to give people a time frame.  Mr. Akers stated that they could make the ordinance go into effect sometime in the future and send out mail outs.  Mr. Gladney recommended making it effective September 1.  Mr. Buesing asked if they are satisfied with the subdivisions that are excluded.  Council was in agreement to add the Colored Addition.  Mr. Wood indicated if staff wants to amend the list, that they provide reason for removing.  Mr. Buesing and Mr. Akers were to look at it.  Mr. Wood made a motion to approve with a September 1 effective date, asking staff to send out notices in June to violators and then they would tighten up language around some of the specifics.  Mr. Reece stated and massage the possible subdivision, quantifying.  Mr. Reece seconded the motion.  All voted in favor.  The motion carried.          

 

 

C. Approving an ordinance on first reading for two tracts, one located on the west side of Heatherwilde Boulevard, and the other located at the future northeast corner of Heatherwilde Boulevard and Wells Branch Parkway, with 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 Light Industrial (LI) and General Business-1 (GB-1) to an Alternative Land Use Regulation District (“ALUR”) on approximately 70 acres of land located within the L.C. Cunningham Survey No. 63 as situated in Travis County, Texas, to be known as the Wells Point ALUR.  Mr. Fletcher provided information.  He indicated that the applicant has provided the amendments as suggested at the last meeting.  Mr. Wood stated that everything that they asked them to do is covered.  Mr. Wood made a motion to approve.  Mr. White seconded the motion.  All voted in favor.  The motion carried.

 

13. Discuss and Consider Standing Items.

A. Matters related to Water and Wastewater Utilities.  There was no discussion or action on the item.

 

B. Matters related to roads and traffic concerns.  There was no discussion or action on the item.

 

C. Matters relating to economic development to include incentives for potential commercial development.  There was no discussion or action on the item.

 

14. Administrative Matters.

A. Mayor and City Council comments.  Mayor Callen asked for Council’s sealed evaluations of the City Manager to be given to the new Mayor.  Mr. Gonzales reported that while on the hike and bike trail, he was shocked by some graffiti on the Pecan Street bridge wall.  He stated that is not something that we want our citizens to be subject to.  He commended the City staff that cleaned it up right away.  Mr. Wood stated a Bohls resident had shared similar sentiments regarding graffiti being removed promptly by staff.

 
B. City Manager comments. 
Mr. Buesing reported that the lake is full.  He reported that lightening did strike out one of the pumps at the intake site, and another large pump also went out, but they are still able to keep the lake full.  Mr. Buesing reported that police are addressing basketball goals, everything in the street, and obstruction of sidewalks.  Mr. Wood requested that they ask PfCONA to put out a message.  Mr. Wood and White requested a future item concerning basketball goals.  Mr. Buesing reported there had been additional oil spots and broken dumpster concerns with IESI. He stated that if they are not responsive, they may need to bring an item to Council to break the contract.  Mr. Buesing reported a need for a pump to pump water out of the tunnel.  Mr. Buesing reported on attendance of a meeting regarding the Mokan right of way.  He reported that TxDot will not approve any improvements in the right of way at this time.  He reported that representatives from the City of Georgetown, City of Round Rock and the City of Pflugerville all stated they need to offer recommendations on the Mokan.  Mayor Callen reported that TxDot has removed their original Mokan study to redo the study with input.  Mr. Wood stated he would like a copy of the original study.  Mr. Buesing reported that the police department has filed several charges regarding game machines.  Mr. Buesing reported they would have short Council meetings on May 15 and May 22.  He reported that they will canvass the votes on May 22 and the first meeting with the new Council would be on June 12.  Mr. Buesing reported that retreat plans would be upcoming.  Mr. Buesing reported that staff has worked on a new Council orientation manual which will be presented on June 12.  Mr. Buesing reported that engineering and planning both testified at the Mid-Tex hearing last week.  Mr. Buesing stated that they have had graffiti around town.  He commended Richard Offield for removing it.  He indicated that they have made arrests on several of the cases recently.  Mr. Wood asked if that is something they could look at in amending the ordinance, to hold parents responsible.  Mr. Buesing reported on upcoming events.  He stated that the Council would meet with the Architectural Review Board and the Downtown Planning Committee on May 15.  Mr. White stated he would be out of town on May 15.

 
C. Future agenda items.
1.) An item concerning basketball goals in the right of way.
2.) An item amending the ordinance concerning graffiti.

15. Adjourn. Mr. Reece made a motion to adjourn.  Mr. Gladney seconded the motion.  All voted in favor.  The motion carried.  The meeting was adjourned at 11:33 p.m.

 

Respectfully submitted,

 

 

 

Karen Thompson
City Secretary

 

Approved as presented on May 22, 2007.