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MINUTES
City
Council
Regular Meeting
100 East Main Street, Suite 500
Tuesday - February 08, 2005 - 07:30 PM

 

1. Call to Order.  Mayor Cat Callen called the meeting to order at 7:37 p.m.  Councilmembers present were Kurt Reece, Chuck Larosche, and Duane Blakeslee.  Also in attendance were David Buesing, City Manager; Charles Simon, Assistant City Manager, Lauri Gilliam, Interim Assistant City Manager; John Carlton, City Attorney;  Clyde von Rosenberg, Planning Director; Blake Overmyer, Building Official; Joe Carpenter, City Engineer; Randy Brown, Public Works Director; Richard Offield, Street Superintendent; and Kathy Ellis, Assistant City Secretary.

2. Public Hearings

A. Public hearing for the annexation of approximately 1,315.8 acres out of the S. Eiselin, T. S. Barnes and J. P. Sherwood surveys, located along and including a portion of Pecan Street and areas north of the State Highway 130 Right-of-Way, in Travis County, Texas.  Mayor Callen opened the public hearing.  Mr. von Rosenberg explained that this is the remainder of the area considered at the end of last year, including the area adjacent to SH130 right of way and areas currently under negotiation with the property owner regarding a Municipal Management District.  He stated that the schedule shows this annexation to be complete by March 8, 2005.  He stated that the Service Plan was included in the Council Packet.  There were no persons in attendance that requested to speak at the public hearing.  Mr. Reece moved to close the public hearing.  Mr. Blakeslee seconded the motion.  All voted in favor.  The motion carried.

3. Public Comment.  Mr. Bruce Wood read a letter thanking the City Council for their service and thanked the Council for conducting the non-binding referendum on February 5, 2005.  Mr. Wood stated that the results and turnout were overwhelming and inspiring and that he hoped this would carry over into future elections.  Mr. Wood stated that the election demonstrated the voice of the people and called upon the Council to honor the citizens by respecting the decision.  Mr. Wood asked the Council to add an agenda item to next week’s Council agenda reflecting the citizens’ wishes regarding the racetrack and to inform the Texas Racing Commission that the support given last October to the Austin Jockey Club has been withdrawn by the City Council of Pflugerville.

Reading of the Consent Agenda.  Item 6B was removed from the consent agenda to allow for a correction regarding the size of aerial photos mentioned on page 4, Section M, from 2” to 6”.  Ms. Ellis read the items and ordinance captions under consideration.

4. Approval of Minutes

A. Approval of the minutes of the January 18, 2005 Special Meeting.

 

B. Approval of the minutes of the January 25, 2005 Work session and Regular Meeting.

 

5. Ordinances First Reading

A. First reading regarding the annexation of approximately 28.504 acres being: 24.188 acres out of the Thomas G. Stewart Survey No. 6, Abstract No. 669, the John Davis Survey No. 13, Abstract No. 231, the Sefrin Eiselin Survey No.1, Abstract No. 265, and the Henry Blessing Survey No 3, Abstract No. 99; and approximately 4.316 acres out of the Sefrin Eiselin Survey No. 1, Abstract No. 265 and the Henry Blessing Survey No. 3, Abstract No. 99, to be know as Pfennig / 685 Retail.
Clyde von Rosenberg, AICP, Planning Director

 

6. Ordinances Second Reading

A. Amendments to Chapter 155, the city-wide Site Development Code.
Blake Overmyer, Building Official

 

7. Resolutions

A. Resolution regarding the Atmos Prudence Review (2004).
John Carlton, City Attorney

 

B. Resolution adopting a schedule for the annexation of approximately 218.91 acres of land out of the Henry Blessing Survey No. 3, Abstract 99 and the Thomas G. Stuart Survey No. 6, Abstract 689, Travis County, Texas, generally located north of Pfennig Lane, east of Heatherwilde Drive, south of Wilke Lane, and west of F.M. 685.
Clyde von Rosenberg, AICP, Planning Director

 

8. Other Actions

A. Appointing Connie Gutierrez to the Keep Pflugerville Beautiful Committee.
Karen Thompson, City Secretary

 

Action on Consent Agenda.  Mr. Blakeslee made a motion to approve the consent agenda.  Mr. Larosche seconded the motion.  All were in favor.  The motion carried.

 

6B. Second reading amending the Subdivision Code, Chapter 156 adding provisions regarding Conceptual Plans, Preliminary Plans, Final Plats and park land. Ms. Ellis read the caption of the ordinance.  Mr. Blakeslee moved the second reading of this ordinance be approved with the earlier noted correction.  Mr. Reece seconded the motion.  All voted in favor.  The motion carried.

9. Ordinances First Reading

A. First reading regarding the rezoning of approximately 28.504 acres being: 24.188 acres out of the Thomas G. Stewart Survey No. 6, Abstract No. 669, the John Davis Survey No. 13, Abstract No. 231, the Sefrin Eiselin Survey No.1, Abstract No. 265, and the Henry Blessing Survey No 3, Abstract No. 99; and approximately 4.316 acres out of the Sefrin Eiselin Survey No. 1, Abstract No. 265 and the Henry Blessing Survey No. 3, Abstract No. 99 to be know as Pfennig / 685 Retail, from Agriculture / Conservation (A) to General Business (GB) or any other district. The property is located northwest of the intersection of FM 685 and Pfennig Lane.  Ms. Ellis read the caption of the ordinance.  Mr. von Rosenberg stated that since the public hearing, there has been an additional community work group meeting organized by PfCONA.  He stated that the architect from Walmart was in attendance to discuss the working design of the store.  He stated that an initial traffic study provided by Walmart traffic engineers has been provided and initial comments on these presentations have been heard.  Mr. von Rosenberg stated the City is now in a position to work with Walmart and come to terms with a development agreement.  Mr. Trey Salinas with the Pflugerville Walmart project team stated the project was progressing more slowly than was expected and that the team was working with the work group on development issues. Mr. Salinas stated that another work group meeting was to be scheduled the next week.  Mr. Salinas said it appeared that the second reading would probably be pushed back to March.  Mr. Salinas stated his team was in attendance and was prepared to answer any questions.  Mr. Blakeslee and Mr. Larosche requested to hear from Mike Heath of Alliance Transportation regarding the three versus four-lane question for Pfennig Lane.  Mr. Heath stated Alliance was tasked to determine what the long-term traffic issues for Pfennig Lane would be.  He explained that Alliance looked at the traffic projections for Pfennig Lane in 2015.  He explained that a three-lane cross section would work for the majority of the project, but the intersections of Pfennig and Railroad and Pfennig and FM 685 had long-term needs for a five-lane cross section to handle the traffic at the intersection as well as any traffic coming from development across the road at East Pfennig and 685.  Mr. Heath suggested that the roadway be classified as a commercial collector, restricting the number of driveways able to access on Pfennig Lane in the future years as development continues to expand.  Mr. Heath said the study showed Pfennig would eventually be an access roadway to the retail on Pfennig and that the extension of Pflugerville Loop would be the new east/west access.  He explained that three lanes will work in the initial years; but between 2006 and 2010 the intersection will need a five-lane facility.  The Council and City staff discussed the findings presented by Mr. Heath.

Mr. Randy Duncan asked the City Council to move ahead in approving the annexation and rezoning of this property.  He stated that he believes it will give a jump start to the commercial development on FM 685 and 130 corridors and will help begin to shift the tax burden from the taxpayer.  Mr. Duncan thanked all the groups for their participation and for coming together to make this Walmart a unique project for Pflugerville.

 

Mr. Rod Reyna spoke on behalf of the community workgroup that is cooperating with the Walmart development team.  Mr. Reyna stated that the Development Agreement with Walmart that the City staff is waiting on has not been completed by Walmart at this time.  Mr. Reyna requested that members of the work group be able to view the agreement when it comes to the City staff and be allowed to make sure the concerns and requests of the citizens have been addressed.  Mr. Reyna offered that an advocate of the work group could be available to the City staff as they go over the proposed agreement.  Mr. Reyna reported that the Walmart architect presented second renderings and the group was not satisfied with them so they will be returning with the next set of renderings very soon.  Mr. Blakeslee stated he had attended the last meeting and complimented the Walmart team and the community work group for their professionalism in working through these issues.  

 

Mr. Rick Murphy, Director of PCDC, recognized that this project will be a catalyst for the development of the FM 685/Pfennig area as well as a commercial district.  Mr. Murphy thanked the citizens who are a part of the work group as well as Trey Salinas and Martin Salinas, Public Affairs Representatives with Walmart for their willingness to go the extra mile for Pflugerville.

 

Mr. Reece moved to approve the rezoning.  Mr. Larosche seconded the motion.  All voted in favor.  Motion carried.

10. Other Actions

A. Approval of a Pflugerville Community Development Corporation (PCDC) incentive package and performance agreement for a new commercial business within the city limits of Pflugerville.  Mayor Callen noted that Mr. Murphy requested this item be discussed in executive session.  At 8:16 p.m., Mayor Callen announced that the City Council would retire to executive session for deliberation regarding economic development negotiations pursuant to Chapter 551.086 of the Texas Government Code.  She stated that action, if any, would be taken in open session.  Mayor Callen reconvened the meeting in open session at 8:26 p.m.  No action was taken.

 

Mr. Murphy introduced a new business that is moving to Pflugerville.  The new business is Merit Electric, an electrical service maintenance firm that plans to build a 6400 square foot building and hire between 50 and 60 employees initially.  Merit Electric serves large commercial businesses providing electrical service maintenance.  This company is a firm located in Houston and this is the new Central Texas office.  PCDC is asking the City of Pflugerville to approve an incentive agreement that consists of a reimbursement of the city’s permitting requirements up to a max of $39,650.00.  The expectation is that the building will be up in approximately 8 to 9 months.

 

Mr. Blakeslee moved to approve the performance agreement between PCDC and Merit Electric Company, LTD.  Mr. Reece seconded the motion.  All voted in favor.  The motion carried.

11. Discuss and Consider

A. Downtown retail development.  Mayor Callen presented the idea to Council regarding a specific type of development that might be a good use for the gin property.  Mayor Callen stated that multi-story general merchandise or other type of medium sized retail facility (approximately 50,000 square feet) could be a perfect possibility for this plot.  Mayor Callen stated that the pros of this type of retail facility would be that the size would limit the type of goods and services offered and possibly prevent the retailers from offering the kinds of extra departmental services such as tire stores, floral departments, pharmacies, banks branches, photography studios, etc., that are already available in the downtown area.  The Mayor stated she will be presenting this idea to PfCONA and Old Town Neighborhood Association.  The Council discussed generally and agreed that it would be a plus to have any kind of development in the downtown area, but that this could be a very involved discussion and would be more appropriate in a work session setting.
 

B. Marketing Task Force Update Mayor Callen reported that the Task Force is working on a branding idea for the City that would be used by all city groups and hopefully will create a “buzz” in Central Texas about Pflugerville.  One idea brought forth by a committee member was a sticker for car windows that would look like the European Country Pride Identifier.  The Task Force has also discussed creating a website that would be on the sticker and would lead to a site describing the activities and amenities in and around Pflugerville.  The group hopes this will attract some of the human interest literature resources such as Texas Monthly that can help get the word out about the City of Pflugerville.  The Council discussed past efforts using the “PF” and agreed that this was indeed a good idea to play off this unique part of our name.  Mayor Callen presented a list of slogans from the group.  The Council agreed this was not their expertise and they did not have a strong opinion in this regard.

 

C. Authorizing the City Manager to execute an agreement with Travis County for conducting the City of Pflugerville's May 7, 2005 General Election to include or not include an agreement with the Pflugerville Independent School District for conducting a joint election.  Mr. Buesing explained the need to begin looking at electronic voting with the possibility of using Travis County to conduct the May election.  Mr. Buesing explained the proposed cost and the changes that by law have to be implemented by 2006, adding this would allow our constituents to vote at any Travis County Election location.  The Council decided the cost was prohibitive this year, but they will be prepared to try and share the election with PISD next year as all entities would be required by law to go to electronic voting.
 

D. Proposed Revisions to the Engineering Design Guidelines and Construction Standards.  Mr. Carpenter presented the most recent changes to the Engineering Design Guidelines.  He explained that the document is going out for public review by 3rd party reviewers and once that is finished, the completed manual would be brought to Council for final approval.  Mr. Blakeslee questioned the reference to Austin Drainage Criteria Manual in our manual.   Mr. Buesing stated that Austin criteria are the “local standard” for this item.  Council discussed this issue and was reassured that Engineering would provide any information or rules/regulations to any builder that had questions.

 

E. Discussion of Section 155.300 Architectural Standards of subchapter A of the Site Development Code.  Mayor Callen asked that this item be tabled.  The Council agreed to table the item until a future meeting.

 

F. Discuss and consider Windermere Utility Company's proposal to erect an elevated storage tank near the intersection of Heatherwilde Boulevard and Pecan Street.  Mr. Simon reported that Windermere Utility Company spokesman has said this is still a very preliminary project.  He reported that the proposed water tower is 170’ tall and will be of the same design as the new tower off of AW Grimes Blvd. with the monopole design.  He stated that the location is directly behind the CVS Pharmacy.  He stated that this tank is needed for pressure and storage.  He stated that the City has offered to furnish this to them.  Mr. Simon stated that this issue will be brought back to the Engineering department. 

Mayor Callen stated Mr. Reyna had signed up to speak.  Mr. Reyna asked was there a way for citizens and neighborhoods to be notified of these types of projects.  Mr. Reyna stated that the neighborhood organizations did not know of this and had not been able to discuss it and plan on attending the meeting.

 

Mr. Reyna also asked to speak on Item 11A.  Mr. Reyna stated that Downtown Planning Committee has received a proposal from TWC Architects to draw together stakeholders of The Gin tract and Pfluger Property, etc. to discuss the future of their property.  Mr. Reyna asked the Council to consider things that might be included in another proposal to be sent to PCDC that would highlight revitalization of downtown and work with those citizens to develop a resident friendly environment. 

 

G. Planning for the City's Annual Volunteer Appreciation Dinner.  Ms. Ellis explained the proposed date for the annual Volunteer Banquet is April 19, 2005 and the budgeted amount for this event is $10,000.  Mr. Blakeslee asked if we could use a Pflugerville business to serve this meal.  Ms. Ellis stated the City does try to use as many Pflugerville businesses as possible, but that in the past, the issues were ability to cater a plated meal to the number of guests or the cost was prohibitive. 

 

H. Purchase of real property.

 

I. Economic development negotiations regarding a proposed commercial development within the City's Extra Territorial Jurisdiction.

 

Mayor Callen stated Items H and I would be discussed later in the meeting in Executive session.


 J. Plans for the February 19, 2005 City Council Worksession.  Mayor Callen stated February 19 is scheduled for a half-day Council retreat.  Council discussed the various items that were pressing and could be put on the agenda in the future.  Mr. Blakeslee stated that Council may be at a point where they need to have worksession on a regular basis.  Mayor Callen brought up the issue of having a Council meeting every Tuesday with the off weeks being a worksession.  Council present were willing to visit this idea as long as a time limit was imposed on all meetings.  Mayor Callen stated this item would be brought up at a future Council meeting when all members were present.

 

K. Duties, roles, and responsibilities of Councilmembers and the Mayor.  Mayor Callen requested that this item be tabled until all Councilmembers were present.   The item was to be revisited in a future meeting.

 

L. Report on February 2, 2005 meeting with Texas Department of Transportation (TxDOT) representatives.  Mr. Larosche complimented Mr. Buesing and Mr. Carlton on preparing the agenda for the meeting.  The agenda was broken down into three parts; economic development issues, future working relationship issues and future road repair issues.  The following was reported regarding the meeting: The group entered the meeting with a positive, cooperative attitude.  The group discussed Pfluger Lane/685 to SH 130 and the City participation with them.  Pecan Street was discussed but TxDot did not offer participation.  TxDot did say they hope right of way issues would be resolved quickly.  Working relationships brought about the discussion of CAMPO and the need for Pflugerville to have a place at the CAMPO meetings.  Bob Daigh gave directions regarding who to contact about possibly securing representation for Pflugerville with the CAMPO Board.  Mr. Daigh indicated that his District would be a new regional district and would be willing to look at new design for urban roadways in this area.

 

12. Discuss and Consider Standing Items.

A. Matters related to roads and traffic concerns.  There was no discussion on the item.

 

B. Matters relating to economic development.  There was no discussion on the item.

 

13. Administrative Matters.

A. Mayor and City Council comments. Mr. Blakeslee and Mr. Buesing met with Manville Water and came away with a very positive outlook.  Manville Water would like to have a monthly meeting on the first Monday of every month.  The City agreed to set this up.  Manville expressed their wishes to help the City with fire flow problems that are being experienced in certain areas.
 

Mayor Callen remarked about the exciting turnout for the racetrack referendum.  Mayor Callen stated that she will support the outcome of the referendum and the voice of the citizens that economic development should go in a different direction.   Mayor Callen also reminded the group of the Town Hall meeting to be held on Wednesday, February 9 at Pflugerville High School and the Chat with Cat on Wednesday, February 16, 11:30 at Mom’s Café.  Mayor Callen stated she will be discussing becoming a candidate for Council and explaining the process.

 

B. City Manager comments. Mr. Buesing stated that Suite 500 had been painted by a city employee with paint donated by citizens.  Mr. Buesing stated meetings have been held regarding the Pony League from Round Rock and their use of the soccer fields and they have turned out well.  Mr. Reece is working with the ESD to set up meetings with the Council.  Mr. Buesing told the Council that Pflugerville residents, Bill and Janet Norwood were recognized in President Bush’s State of the Union Address.  Their son Byron, who lost his life in Fallujah last November, has become the inspiration for a group of local citizens to begin the process of erecting a Fallen Soldiers Memorial in Pflugerville.  Mr. Buesing also informed the group that Library Director, Lee Sparks, has resigned and has accepted a position with the library in Rowlett. 

 

H. and I.   Mayor Callen announced that the City Council was retiring to Executive Session at 9:55 p.m. for the purpose of consultation with legal counsel pursuant to Chapter 551.071 of the Texas Government Code; discussion of personnel matters pursuant to Chapter 551.074 of the Texas Government Code; and/or real estate acquisition pursuant to Chapter 551.072 of the Texas Government Code deliberation regarding economic development negotiations pursuant to Chapter 551.086 of the Texas Government Code.  She stated that action, if any, would be taken in open session. 

 

Mayor reconvened the meeting in open session at 11:05 p.m.  No action was taken. 

 

H. Purchase of real property.  Mr. Larosche moved to authorize the City Manager to execute the necessary documents to complete the purchase of the following property: Westerly 3 feet of Lot 4 and all of Lot 5 Block A, Town of Pflugerville, an addition in Travis County Texas, according to the map or plat thereof recorded in Book 2, page 156 of the plat records of Travis County Texas.  Mr. Reece seconded the motion.  All voted in favor.  Motion carried.

 

C. Future agenda items.  Mayor Callen stated there would be a meeting on February 15, 2005 at 7:30 p.m. to canvass the votes.  The main work session agenda item for February 19 will be residential development.  Capital improvements and downtown development will be on the agenda, but will only be discussed if the residential issue is settled.  Agenda items for the February 22 meeting are as follows: Site Development Code; Duties and Roles of City Council and Mayor; Discuss/Consider when work session on Downtown, Ballot language for parkland disposition.

 

14. Adjourn. There being no further business, Mr. Reece moved to adjourn the meeting, and Mr. Blakeslee seconded the motion.  All voted in favor.  The meeting was adjourned at 11:10 p.m.

 

Respectfully submitted,

 

 

 

Kathy Ellis

Assistant City Secretary

 

Accepted as presented on February 22, 2005.