MINUTES
City Council
Regular Meeting
100 East Main Street, Suite 500
Tuesday - July 25, 2006 - 07:30 PM

 

1. Call to Order.  Mayor Pro Tem Chuck Larosche called the meeting to order at 7:33 p.m.  Councilmembers Kurt Reece, Bruce Wood, Mark Gladney, and Victor Gonzales were in attendance.  Mayor Cat Callen was absent.  City employees attending: David Buesing, City Manager; Lauri Gillam Finance Director/Assistant City Manager; John Carlton, City Attorney; Charles Simon, Acting Economic Development Director; Joe Carpenter, City Engineer; Richard Offield, Streets Superintendent; Glenn Holzer, Parks Director; Blake Overmyer, Building Official; Trey Fletcher, Planning Director; Debra Lewis, Library Director; Joey Miller, Utilities Director; Karen Thompson, City Secretary.

2. Presentations

A. Presentation by Ron Sandford, Charter Review Commission Chairman, and discussion of the 2006 Charter Review Commission's report of findings and recommendations.  Mr. Sandford presented the 2006 Charter Review Commission’s report.  Charter Review Commission members A.K. Brewer and Fred Velarde were present as members of the audience.  The City Council thanked Mr. Sandford and the Commission for its work.   

First Supplemental 1. Resolutions

A. Resolution ordering a special election for November 7, 2006 to elect a Councilmember for the vacancy in Place 3 and to consider revisions to the City Charter.  Ms. Thompson recommended approval of the resolution ordering the election.  Mr. Reece made a motion to approve the resolution ordering the election.  Mr. Wood seconded the motion.  All voted in favor.  The motion carried.

 

3. Public Comment.  There were no persons in attendance that requested to speak under the item.

Reading of the Consent Agenda.  Ms. Thompson read the items and captions of the ordinances under consideration.

4. Approval of Minutes

A. Approval of the minutes of June 23, 2006, June 24, 2006, and June 25, 2006 Worksessions; July 11, 2006 Worksession and Regular Meeting; and July 18, 2006 Worksession.

 

5. Ordinances First Reading

A. Approving a gas franchise agreement with Atmos Energy Corporation.
John Carlton, City Attorney

 

6. Ordinances Second Reading

A. Ordinance amending Chapter 94, Noise Control, establishing maximum sound levels, providing exceptions, and providing for a penalty not to exceed $500 for any violation.
Chuck Hooker, Chief of Police

 

7. Resolutions

A. Approving a final plat known as CNB Commercial Subdivision (Citizens National Bank). The property is located east of FM 685, approximately 0.3 miles north of Pecan Street.
Trey Fletcher, AICP

 

B. Approving a final plat known as Highland Park North, Phase C, Section 2. The property is located east of Heatherwilde Boulevard and south of SH 45.
Trey Fletcher, AICP

 

C. Adopting a public hearing schedule for the 2008 Heatherwilde, Windermere and Pflugerville Northwest Annexation, approximately 255 acres of land generally located east of Grand Avenue Parkway, north of FM 1825, and south of Pflugerville Loop, in Travis County.
Trey Fletcher, Planning Director

 

D. Approving an exchange of extraterritorial jurisdiction (ETJ) with the City of Hutto, with approximately 72 acres being released from the City of Pflugerville’s ETJ to the City of Hutto and approximately 100 acres being released from the City of Hutto’s ETJ to Pflugerville excluding tracts along SH 130.
Charles L. Simon, ACM

 

8. Other Actions

A. Authorize the City Manager to Execute a Road Construction Agreement with Travis County and Developer for the Pecan Street East Roadway Widening Project.
Joe Carpenter, P.E., City Engineer

 

B. Appointing Gus Schlatcher and Terry Hatchen to the Downtown Planning Committee.
Karen Thompson, City Secretary

 

C. Approving the Second Amendment to the Professional Services Agreement between Lakeside Water Control and Improvement District No. 2B and the City of Pflugerville, Texas.
John Carlton, City Attorney

 

D. Approving the Second Amendment to the Professional Services Agreement between Lakeside Water Control and Improvement District No. 2C and the City of Pflugerville, Texas.
John Carlton, City Attorney

 

E. Approving the Third Amendment to the Professional Services Agreement between Lakeside Water Control and Improvement District No. 1 and the City of Pflugerville, Texas.
John Carlton, City Attorney

Action on Consent Agenda.  Mr. Wood indicated Terry Hatcher is the correct name under item 8B and made a motion to approve the consent agenda.  Mr. Gonzales seconded the motion.  All voted in favor.  The motion carried.
 

9. Ordinances Second Reading

A. Rezoning from Agriculture/Conservation (A) to an Alternative Land Use Regulation (ALUR) district, or any other district, to be known as the Cactus ALUR, for approximately 358.421 acres of land located northeast of the intersection of the proposed SH 130 and Pecan Street East.

11. Other Actions

A. First amendment to the Cactus/Wildpflower development agreement regarding the proposed Cactus Alternate Land Use Regulation (ALUR) district. The Cactus property is located east of SH 130 and south of Pflugerville Parkway. The Bohls North property is located northeast of the intersection of Weiss Lane and Jesse Bohls Road.

Mr. Larosche opened items 9A and 11A for consideration.  Ms. Thompson read the items and ordinance caption under consideration.  Mr. Fletcher provided information.  Mr. Simon read a statement from Paul Linehan, representing the adjacent landowner Tim Timmerman, indicating that they would work with Cactus on the alignment of arterial A.  Mr. Wood made a motion to approve both items 9A and 11A.  Mr. Gonzales seconded the motion.  Mr. Larosche provided comments on the need to incentivize commercial and to partnership with the developer to encourage that type of development.  All voted in favor.  The motion carried. 

 

10. Resolutions

A. Resolution authorizing application and participation in the Texas Recreation and Parks Account Grant Program. Mr. Holzer introduced Brian McCowsky of BWM Group, consultant assisting with the grant application.  Mr. Holzer explained that they chose this project and site, because it achieves the first six priorities on the master plan which is looked at favorably during the consideration of the grant.  He provided information on the park plan.  He recommended approval of resolution.  He indicated that they would be notified regarding the acceptance of the grant in January.  Mr. Holzer explained that they intend to use two acres in the corner for the match as well as two acres at the old sewer plant for points toward $390,000 in land value.  Mr. Holzer answered questions of Council.  Mr. Holzer estimated the City’s portion to be $400,000.  He stated that they would not need to make the decision to fund until after receiving information on the grant acceptance.  Mr. Reece made a motion to approve the resolution.  Mr. Wood seconded the motion.  All voted in favor.  The motion carried. 

 

B. Resolution of the City of Pflugerville, Texas to appoint an advisory committee for the SH 130 and SH 45 Corridor Development Strategy. Mr. Fletcher provided a handout with additional names for consideration.  He reported that Jeff Reeb was named as the PCDC representative, Wayne Cooper as the P&Z representative, Pat McCord as the Parks and Recreation Commission representative, and Nancy Ramsey as the PfCONA representative.  Mr. Wood recommended including all of the interested property owners, with one representative to be from Newland Communities.  Council was in agreement with Mr. Wood’s recommendation.  Fred Velarde, applicant for appointment as a citizen-at-large, and Janice Heath of the GPCC were in attendance and provided introductions and answered questions of the Council.  The Councilmembers provided their written ballots for citizen-at-large and GPCC committee appointments to Mr. Larosche.  Mr. Larosche read the votes of each aloud.  Mr. Reece voted for John Pfluger, James Wilkinson, and Janice Heath.  Mr. Wood voted for Fred Velarde, James Wilkinson, and Janice Heath.  Mr. Gladney voted for Fred Velarde, James Wilkinson, and Janice Heath.  Mr. Gonzales voted for Fred Velarde, Jim Wilkinson, and Janice Heath.  Mr. Larosche indicated the citizens-at-large would be Fred Velarde and Jim Wilkinson and the GPPC representative would be Janice Heath.  Ms. Thompson recommended a motion to approve the resolution making appointments as presented.  Mr. Reece indicated to make that motion.  Mr. Wood seconded the motion.  All voted in favor.  The motion carried.          

 

C. Consenting to the creation of Travis County Municipal Utility District No. 17 (Cactus Residential and Bohls North tracts).  Mr. Simon indicated that the petition containing all of the landowner signatures has been received by the City.  Mr. Wood made a motion to approve.  Mr. Gonzales seconded the motion.  All voted in favor.  The motion carried.

 

12. Discuss and Consider

A. Discuss and consider incentives for potential retail developments to be located within the city limits of Pflugerville.  The item was to be discussed in executive session.

 

B. Windermere Utility application for utility rate increase.  Mr. Carlton provided information.  Mr. Carlton indicated that in the last case the City worked with Windermere and allowed TCEQ to process.  Mr. Carlton reviewed the City’s alternatives.  He indicated that at this time he is waiting on receiving information from TCEQ.  He estimated receiving the information in 30 days.  Mr. Buesing reported that they have had quite a few homeowners contact the City.  He reported that the reason for raising the rates is that Windermere needs a storage tank for fire flow.  Mr. Carlton indicated that they do have copy of the application at the City if people want to look at it.  Mr. Wood recommended that the City Manager meet with the homeowner representatives to support the efforts of the citizens who are residing there.  The City Council discussed the City’s alternatives with Mr. Carlton.  Mr. Buesing stated he would visit with the homeowner associations.  Mr. Wood recommended that the item be placed on the agenda in a few weeks. 

 

C. Discuss and consider City of Pflugerville Economic Development Program, including the position of Economic Development Director, and office location.  The item was to be discussed in executive session.

 

D. Discuss and consider SH 45 and discussions with TxDot.  The item was to be discussed in executive session.

 

Mr. Larosche announced that the City Council was retiring to executive session.  The City Council retired to executive session at 8:42 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 deliberation regarding economic development negotiations pursuant to Chapter 551.086 of the Texas Government Code.  Mr. Larosche reconvened in open session at 9:28 p.m. No action was taken.

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.  Mr. Buesing reported that the road projects are on schedule and that Kelly Lane looks good.  Mr. Carpenter and Mr. Simon reported on the Wells Branch project.  Mr. Carpenter reported on the Oxford project.

C. Matters relating to economic development.  Mr. Buesing reported that Mr. Garlick has resigned from the (PCDC) Pflugerville Community Development Corporation Board. Mr. Buesing reported that Rick Murphy is no longer with the City.  Mr. Buesing reported that Charles Simon is the Acting Economic Development Director.

 

14. Administrative Matters.

A. Mayor and City Council comments.  There were no comments.

B. City Manager comments.  Mr. Buesing reported on upcoming ribbon cutting events.  He commended Mr. Sandford and the Charter Review Commission members for their work.  He reported there would be a meeting regarding proactive zoning on Pfennig Lane on July 31.  Mr. Gladney recommended posting an agenda for the City Council to attend.  Mr. Buesing reported that they would be making improvements to the telephone system this year. 

C. Future agenda items. An agenda was to be posted for a quorum to attend the July 31, 2006 Pfennig Lane proactive zoning meeting.  Mr. Fletcher stated intent to present the concepts of composite zoning at the meeting.  The PCDC appointment was to be placed on the August 8, 2006 agenda for consideration.  Ms. Thompson was to advertise the opening.    
 

15. Adjourn. Mr. Reece made a motion to adjourn.  Mr. Wood seconded the motion.  All voted in favor.  The meeting was adjourned at 9:38 p.m.

 

Respectfully submitted,

 

 

 

Karen Thompson
City Secretary

 

Approved as presented on August 8, 2006.