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City Council
Regular Meeting
100 East Main Street, Suite 500
Tuesday -
October 09, 2007 - 07:30 PM


1. Call to Order. Mayor Jeff Coleman called the meeting to order at 7:36 p.m.  Councilmembers Wayne Cooper, Bruce Wood, Darelle White, Mark Gladney, and Victor Gonzales were in attendance.  City employees in attendance: David Buesing, City Manager; Charles Simon, Economic Development Director/Assistant City Manager; Floyd Akers, City Attorney; Karen Thompson, City Secretary; Lori Paul, Assistant to the City Manager; Blake Overmyer, Building Official; Glenn Holzer, Parks Director; Katie Weiss, Aquatics Director; Richard Offield, Streets Superintendent; Ron Quarles, Senior Planner; Erin Sellers, Planner I; Trey Fletcher, Planning Director; Joe Carpenter, City Engineer.


2. Opening.

A. Pledge of Allegiance.  Mayor Coleman led those in attendance in reciting the Pledge of Allegiance.


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


3. Presentations.

A. Approving a resolution authorizing the naming of a soccer field at Wells Point Park the Yari Mokri Field in honor of his participation in youth soccer in Pflugerville and his service to his country.  Mr. Holzer presented the recommendation to name the premier field at Wells Point Park, the “Yari Mokri Field.”  Mr. Wood made a motion to approve the resolution.  Mr. Gladney seconded the motion.  All voted in favor.  The motion carried.  Mayor Coleman presented the resolution to Yari Mokri’s parents, Donna and Mohammad Mokri. 


B. Recognition of City of Pflugerville employees' participation in the Tony Korioth Supervisor Academy.  Mayor Coleman recognized the following employees for their participation in the Tony Korioth Supervisor Academy, a three-day academy tailored to prepare municipal government supervisors for the challenges of the changing environment: Jeremy Dotson, Ben Boatright, Ronald Nickel, Walker Webb, Gary Hendrich, Tracy Hibbs, Juan Alvarado, Jr., Chris Maldanado, and Chris Parker.


C. Charles Dupre, Pflugerville ISD Superintendent, will present information regarding the Pflugerville ISD's November 6, 2007, bond election.  Mr. Dupre provided information on the work of their citizen bond committee and made a presentation on the bond package. 


4. Public Hearings.

A. To receive public comment on an application to amend a portion of the Alternative Land Use Regulation (ALUR) District (ALUR) for Highland Park, being approximately 322.47 acres of land out of the Thomas G. Stuart Survey, Travis County, Texas, to be known as the Highland Park 2007 ALUR Amendment. Amendments include lot re-configurations, street re-alignments, housing type re-allocation, and pedestrian circulation re-assignments. (Case# REZ-07-81).  Mr. Quarles provided information. 


James Larson, 813 Great Sand Dunes Avenue, expressed overall support for the project.  Mr. Larson stated that he believes the developer has shown good faith in working with the neighborhood group to come up with a plan.  He indicated that it is not perfect, that he would have preferred to have less of the alley-access houses be taken away, but that he believes overall that the developer has come up with a plan that is agreeable to them.  He stated that having the villa houses increased to 1700 square feet will help preserve the value of the villa homes.  He stated overall he thinks they have come up with a plan that they all can live with.


Sara Snyder, 120 Gila Cliff Drive, indicated the benefits of social connections that are made through the alley arrangement.  She stated that the original plan offers more qualities to enhance the community than the proposed plan.  She stated that the proposed plan increases the number of front-loaded homes.  She explained that the alley-loaded homes provide safer and more pleasant neighborhoods.  She stated the proposed plan has little provision for open spaces, even small ones to create intimate places to interact with neighbors.  She stated that Highland Park is unique and she appreciates living there. 


Keith Goudy, 1724 Kingston Lacy, stated that D.R. Horton has held meetings and residents in attendance provided feedback and D.R. Horton for the most part, made changes or offered compromises.  He stated that he still feels the proposed changes are an acceptable compromise and something he can live with.


Kevin Kluge, 17905 Ice Age Trail Street, stated when they started this process in May of this year, he stressed to D.R. Horton, that the question they need to answer is how this amendment adds quality to the City.  Mr. Kluge stated that Tom Anker and Richard Maier did a good job meeting with residents and explaining their position.  He stated he thinks the various components to the amendment adequately retain a lot of the quality and unique sense of place of Highland Park.  He stated his concern and recommendation to Council is that they somehow hedge their bets against future changes.  He stated that he has a concern they will develop these easily sold lots and the garden homes and then come back and want to change some of the more challenging products such as the town homes or the villa homes.  He stated his recommendation is, and he stated this is one that Richard did not agree to, was that the northwest section, residential district number 1, be scheduled as the last part to be platted, to encourage some of the more challenging parts to be developed first.  He stated that he thinks Tom and Richard did a great job reaching out to the community and that the pluses just outweigh the minuses. 


Mr. Wood asked Mr. Kluge if he got a specific answer from the developer on why they could not agree to that.  Mr. Kluge indicated they could not agree to it; that the corporate office said no.  Mr. Kluge stated he imagines it is their policy that they do not want to be told in what order they have to develop.


Larry Hackney, 18105 Mammoth Cave Boulevard, stated he was against the amendments the last time.  He stated that D.R. Horton has done a good job of working with them this time.  He stated he thinks that changing the garden homes along the edge to villa homes will keep the integrity of villa homes and will help the value of their homes on that side.  He stated he is in support of the change because they did work with them.  He asked that they get the increase in the square footage of the villa homes to 1700 in writing.


Mayor Coleman stated that Jeanette Larson, 813 Great Sand Dunes, turned in a public comment form indicating support with the caveat that D.R. Horton to include all agreed changes in an official document.


Richard Maier, representing D.R. Horton, indicated that Tom Anker and Jim Huffcut were also in attendance.  He provided information.  He stated that the residents requested they dedicate the central park to the City earlier and they have agreed to that. He stated that they may even do that in the next couple of months.  He stated that another thing that he thinks will help the quality is the additional variety in architecture.  He stated that he thinks the ability to sell more houses at a quicker pace will mean this neighborhood will be a more vibrant community quicker.  He provided information on the residents’ request to connect the trail through the central park.  He stated that he believes they have enhanced the open spaces and made them safer and have increased mobility by adding access to the commercial area to the northeast.  He stated that he thinks those items increase the quality of the neighborhood.  He explained that the changes are isolated to the exterior of the development and that the core of the neighborhood would be exactly as it is now.  He stated that he believes these are good changes and would like the Council to follow up the recommendation for approval by the Planning and Zoning Commission.  He stated the have agreed to increasing the minimum square footage on the villas to 1700 square feet.  Council discussion with Mr. Maier followed. 


There were no additional requests to speak at the public hearing.  Mr. Gonzales made a motion to close the public hearing.  Mr. White seconded the motion.  All voted in favor.  The motion carried.   

5. Public Comment.  There were no requests to speak under the Public Comment item.

Reading of the Consent Agenda.  Item 9B was removed from the consent agenda.  Ms. Thompson read the items along with the captions of the ordinances under consideration.

6. Approval of Minutes.

A. Approval of the minutes of the September 18, 2007, Worksession; and September 25, 2007, Worksession and Regular Meeting.


7. Ordinances Second Reading.

A. Approving an ordinance on second reading for properties located on both sides of SH 130 and 45 located in the City of Pflugerville, 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 land located on both sides of SH 130 and SH 45 from Agriculture / Conservation (A), General Industrial (GI), Light Industrial (LI), General Business-1 (GB-1), Retail (R), and Multi Family Moderate Density(RM-2) to the Corridor Suburban (CL-3), Corridor Urban (CL-4), and Corridor Urban Center(CL-5) Districts, and providing an effective date. (Case# REZ 07-71)
Trey Fletcher, AICP, Planning Director


B. Approving an ordinance on second reading for property located on the north side of Picadilly Drive and on both sides of Radholme Court, 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 sixteen tracts of land in the Springbrook Industrial Park, Section II, and the Springbrook II Business Park from Agriculture / Conservation (A) to General Business-1 (GB-1), General Business-2 (GB-2), and Light Industrial (LI), and providing an effective date. (Case# REZ 07-70)
Trey Fletcher, AICP, Planning Director


C. Approving an ordinance on second reading amending the water and wastewater rates, with caption reading: An ordinance of the City of Pflugerville, Texas, establishing amended rates, charges and fees for water, wastewater and solid waste utility services; and providing an effective date.
Lauri Gillam, Assistant City Manager


8. Ordinances Third Reading.

A. Approving an ordinance on third reading with the caption reading: An ordinance of the City of Pflugerville, Texas, annexing, for full purposes, approximately 96.4 acres of land out of Dicy Hopkins Survey 11, Abstract 356; and Samuel C. Jones Survey 12, Abstract 443, Travis County, Texas that originates at the existing City limits at Melber Lane and includes land at a terminus along the west frontage of Engelmann Lane in Travis County, Texas; 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; and approving a service plan; and providing an effective date. (Case# ANX-07-44)
Trey Fletcher, AICP, Planning Director


9. Resolutions.

A. Approving a Final Plat for CalPly Subdivision, a 17.188-acre tract of land out of the W. Drummond Survey No. 109 in Travis County, Texas. The proposed subdivision is generally located north of Picadilly Drive and west of Central Commerce Drive. (Case# FP-07-0083).
Trey Fletcher, AICP, Planning Director


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


13B. Discuss and consider action regarding traffic solutions for Kelly Lane.  Council discussed with Mr. Dupre, Bill Clayton, and Mike Brassfield of the Pflugerville ISD regarding a temporary plan to lesson traffic congestion on Kelly Lane, making the flow of traffic in front of Murchison Elementary School as one-way traffic going south and exiting in front of Hendrickson High School to FM 685.  Mr. Buesing indicated a need to do a broader study for transportation concerning all schools.  He indicated that he was not opposed to the plan.  He indicated that the City would give the school district as much help as it can.  Mr. Clayton indicated a need for signs and a good public relations program.  He indicated that starting the new routing after Christmas break would probably be best.  Mr. Buesing stated he would like to work with them a little more and have a transportation engineer review it. 


T. Max Poss, 2501 Amen Corner Road, crossing guard, stated this is a very dangerous situation.  He stated that he has seen many near misses.  He indicated that safety, specifically at the intersection of Kelly and Kennemer Drive, is his main concern.  He explained that Villamoura at Kelly Lane is another intersection that will need to be considered for the safe crossing of students.  He stated the main issue is getting traffic thinned out from 7:30 a.m. to 8:00 a.m.


Boyd Hemphill, 19306 Gale Meadow Drive, voiced concerns regarding safety.  He stated that going across Kelly Lane is dangerous.  He stated that motorists are inconvenienced with a 25-minute wait to get through the intersection.  He suggested as a solution to raise the grade of the road at the entrance to Murchison when widening Kelly Lane.  He requested that the Council consider the proposal and publish the findings.  He stated he would like the Council to find the long-term solution and called the Council to action to find a viable solution by the beginning of next year.


Mr. Wood indicated that he thinks that this Council is committed to doing something and they would work toward it.   


Mayor Coleman indicated to Mr. Dupre that they have their commitment, and that Mr. Buesing would like to have a traffic engineer involved to see if they can offer anything else.  Mr. Wood made a motion to ask staff to come back with some engineering estimates for the next meeting for building out Kelly Lane to Falcon Point in a 2-stage project.  Mr. White seconded the motion.  Mr. Dupre stated appreciation for their support and stated that they are committed to resolving this issue.  All voted in favor.  The motion carried.


13C. Discuss and consider action to allow for garbage pick up prior to 7:00 a.m. for schools of the Pflugerville Independent School District.  Mr. Dupre stated that Mr. Clayton is responsible for this area.  Mr. Dupre indicated their main concern was having these pickups while students are coming to school.  He stated the safety issue is a concern.  Mr. Clayton stated by the ordinance, there is hardly a time that the students would not be there.  He indicated that the playgrounds are often near the dumpsters.  He explained that the trucks are unable to make their routes as fast and this also results in an increased cost to the District.  He stated that they are also in the rush hour traffic.  He indicated the biggest issue is that it puts students at a peril.  He stated that they would like to see their campuses be allowed to have their trash removed during non-school hours.  He explained that they have trash removal each school day.  He asked to have the schools exempted from the ordinance and stated that it would be a benefit to the children and the District.  Council discussion with Mr. Dupre and Mr. Clayton followed.  Mr. Wood suggested they use the dumpsters with plastic lids or other options to reduce the noise or to show that it is not within a couple of hundred yards of residences.  Mr. Dupre indicated they can address placement as much as possible and the available options of what they are made of.  Mr. Dupre indicated they would have discussions with TDS, their provider, to see what the options are.  Mr. Wood indicated he would be willing to extend the hours through 10:00 p.m.  He indicated concerns for the noise.  Discussion continued.  Mr. Buesing suggested that they look at the service and a possible variance procedure for the ordinance.  Mr. Dupre was to come back with information on how long it takes them to pick up and how they could adjust their schedule. 


Mayor Coleman called for a break at 9:38 p.m.  He reconvened at 9:45 p.m.


10. Ordinances First Reading.

A. Approving an ordinance on first reading with caption reading: An ordinance denying the rate increase proposed by the Atmos Energy Corporation, Mid-Tex Division; authorizing participation in a coalition of cities known as Atmos Texas Municipalities (ATM); authorizing the hiring of lawyers and rate experts; requiring the reimbursement of municipal rate case expenses; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date.


B. Approving an ordinance on first reading with caption reading: An ordinance approving the general service rates including rate adjustment provisions and miscellaneous service charges to be charged for sales and transportation of natural gas to residential, commercial and industrial consumers in the City of Pflugerville, Travis County and Williamson County, Texas, providing an effective date therefore, and providing for the manner in which such rates may be changed, adjusted, and amended.


11. Resolutions.

A. A resolution suspending the proposed effective date of the proposed rate schedules of the Mid-Tex Division of Atmos Energy Corporation (Company), providing that the rate schedules of said company shall remain unchanged during the period of suspension, providing for notice hereof to said company, and finding and determining that the meeting at which this resolution is passed is open to the public as required by law.

Mayor Coleman opened items 10A, 10B, and 11A for consideration and read the items and captions of the ordinances.  Mr. Akers provided information.  He indicated that Atmos (Randy Hartford) and the ATM law firm (Al Herrera and Jim Boyle) were in attendance.


Randy Hartford of Atmos Energy provided information.  He asked the Council for approval of their rate schedules.  He stated if the Railroad Commission approves something different on their final approval, that the rate would be implemented at the same time as it is for the others.  He stated that they will request of the Railroad Commission, to exclude those cities that approve from the rate case expenses.  He stated that if they don’t approve, he asks that they suspend for 90 days, to allow them to reach an agreement with the City.  Council discussion with Mr. Hartford followed. 


Mr. Wood indicated that the resolution under 11A would not do anything.  He stated that they can approve, but due to the short filing period after last case, he thinks there is something in there that they could cut.  Mr. Wood asked if they could just deny the rate case.  He asked if they want to join a coalition.  Mr. Akers stated that they have already joined the coalition and have joined that coalition before.  Mr. Boyle provided information and recommended denial.  Council discussion with Mr. Boyle followed. 


Mr. Wood made a motion to approve 10A, to deny.  Mr. Gladney seconded the motion.  There was continued discussion with Mr. Boyle.  The vote was: Mr. Cooper-aye, Mr. Wood-aye, Mr. White-aye, Mr. Gonzales-no, Mr. Gladney-aye.  The motion carried.


B. Approving a resolution accepting a 3.9124 acre tract and a 1.2534 acre tract to serve as drainage and wastewater easements north of Pfennig Lane and west of FM685 from Terrell Timmermann.  Mr. Wood made a motion to table.  Mr. Gonzales seconded the motion.  All voted in favor.  The motion carried.


12. Discuss Only.

A. Discussion regarding a possible future bond election.  Mr. Buesing provided a document which included financial estimates on the estimated tax increases for the proposed bond issue. 


B. Discuss Project Status Report.  Mr. Buesing stated the report was attached to the agenda.  He provided information.  Mr. White indicated that he likes it.  Mr. Buesing indicated that they would be doing the report once a month.


13. Discuss and Consider.

D. 1.) Executive Session Item: Discuss an update on possible amendments to the New Sweden development agreements. 2.) Open Session Item: Discuss and consider action regarding an update on possible amendments to the New Sweden development agreements.  Mr. Buesing provided information.  Mr. Wood stated that he conceptually has a problem with what Mr. Dawson is asking for.  He indicated concerns with going forward with the proposal.  Mr. Wood stated that he wanted to make sure that the Council is still united in that decision.  Rhett Dawson indicated that they are fine with the agreement as it is now.  He stated that national builders have cut way back, because corporate is cutting them back.  He stated that they are still very bullish on their developments, but they have been delayed due to reasons that have to due with the market, primarily the national market.  Mr. Dawson presented information from his PowerPoint presentation and discussed with Council.  Mayor Coleman asked Rob Tiemann who was in the audience, how many homes he is selling in Westcreek.  Mr. Tiemann estimated 110 a year.  Mr. Tiemann indicated that he thinks that they have a market of fear and that builders are pulling back in Austin unreasonably.  He stated that they are still selling houses.  Council discussion with Mr. Dawson and Mr. Tiemann continued.  Mr. Wood stated that until staff shows the cash flows numbers, he would like the City not to spend any money in it.  Mr. Gonzales stated agreement.  Mr. White stated that he thinks it would be wise to bring Mr. Herrera in, for a preliminary stand point to see what we’ve got.  Mr. Wood stated to disagree.  Mr. Wood stated that he does not believe the cash flow numbers will work.  He stated that he does not believe unless they get the numbers out of the development that the numbers will work.


Mayor Coleman announced that the City Council was retiring to executive session for discussion under items 13D and 13E.  The time was 11:22 p.m.


E. 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 11:52 p.m.  No action was taken.


13A. Discuss and consider action regarding addressing fire flow issues with Manville in the 685 Commercial Park. Mr. Gladney made a motion to table. Mr. Gonzales seconded the motion.  All voted in favor.  The motion carried.


14. Administrative Matters.

A. Mayor and City Council comments.  Mr. Cooper stated there was a man that made a comment about traffic light timing at the last meeting regarding Heatherwilde and Pflugerville Parkway.  He asked if they have looked at it.  Mr. Buesing indicated they would, and would look at it again.  Mr. Wood commented that he got to see the Mayor at half time on television representing State Farm.  Mr. White reported that he and Mr. Buesing had a very productive meeting with TxDot.  Mayor Coleman reported that this morning the Police Department and the Travis County Sheriff’s Office had shut down an illegal gaming operation in the City of Pflugerville.  Mr. Akers provided information. 

B. City Manager comments.  
Mr. Buesing reported on a successful cleanup day on October 6.  Mr. Buesing stated that he distributed an employee survey to Council that was conducted.  Mr. Buesing indicated hopes to get the Rocky Creek visibility issue with the fence fixed this month.  Mr. Buesing reported on upcoming events.

C. City Attorney comments.  
Mr. Akers had no comments.

D. Future agenda items.  
There was no discussion under the item.


15. Adjourn.  Mr. Wood made a motion to adjourn.  Mr. White seconded the motion.  All voted in favor.  The motion carried.  The meeting was adjourned at 11:59 p.m.


Respectfully submitted,




Karen Thompson
City Secretary


Approved as presented on October 23, 2007.