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MINUTES
City Council
Regular Meeting
100 East Main Street, Suite 500
Tuesday, November 24, 2009

7:30 PM

 

1. Call to Order. Mayor Coleman called the regular meeting to order at 7:40 p.m. Councilmembers Wayne Cooper, Mike Marsh, Darelle White, Starlet Sattler and Victor Gonzales were in attendance. City Staff in attendance: Lauri Gillam, Interim City Manager; Trey Fletcher, Development Services Director; Autumn Speer, Planning Director; Felix Benavides, City Engineer; Beth Davis, Finance Director; David Buesing, Public Works Director; Chuck Hooker, Police Chief; Christa Deamer, Admin Tech I/Deputy City Secretary.

 

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

 

2. Opening.
A. Pledge of Allegiance to the Flag of the United States of America : I pledge allegiance to the flag of the United States of America , and to the republic for which it stands: one nation under God, indivisible, with liberty and justice for all.

 

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

 

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

 

3. Ordinance Second Reading .

A. Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, ANNEXING, FOR FULL PURPOSES, APPROXIMATELY 350.8 ACRES OF LAND GENERALLY LOCATED EAST OF GRAND AVENUE PARKWAY, NORTH OF FM 1825, AND SOUTH OF PFLUGERVILLE LOOP, IN TRAVIS COUNTY, INCLUDING PORTIONS OF THE WINDERMERE, WINDERMERE TERRACE, PICADILLY RIDGE, WATSON PARK AND HILLSIDE SPRINGS SUBDIVISIONS AND UN-SUBDIVIDED LAND OUT OF THE JOHN VAN WINKLE SURVEY 14, ABSTRACT 786.; 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 PROVIDING AN EFFECTIVE DATE, TO BE KNOWN AS THE 2009 WINDERMERE/WINDERMERE TERRACE/PICADILLY RIDGE/ WATSON PARK/HILLSIDE SPRINGS ANNEXATION; 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 PROVIDING AN EFFECTIVE DATE, to be known as the 2009 Windermere/ Windermere Terrace/Picadilly Ridge/ Watson Park/Hillside Springs Annexation. Mayor Coleman read the item along with the caption of the ordinance under consideration. Ms. Speer gave information on the item.

 

Tamara Edwards, 16420 Parkway Drive, stated that she does not want to be annexed into the City. She also stated that she is paying 42% more for water than those who get water service through the City of Pflugerville due to getting her water through Windermere. She stated that it bothers her that the City says that it can’t do anything about it and feels like why would she be zoned into the City and pay higher taxes and not get the benefit of water. She stated that she doesn’t want sidewalks installed and doesn’t want to lose trees to sidewalks. She stated that they don’t want someone telling them what they can and cannot do in their yard and want to be able to put their boat where they want, either in their driveway or backyard. She concluded by saying that they don’t want to be annexed, paying more taxes and being told what they can and can’t do and having the City tear up their yard.

 

Mayor Coleman said that the City does not want to tear up trees and Ms. Speer mentioned that there is a tree preservation ordinance. Mr. Cooper said that no one should tell them what to do with their boat as long as it is not in the right of way or unsafely hitched.

 

Tamera Hess, 16306 Mill Creek Road, 505 Green Meadows and 16304 Mill Creek Road, stated concern about whether the City would be willing to come in and address issues such as broken down cars, roaming chickens and abandoned dump trucks. She stated that she just wants to know what the rules are and if they will be enforced. She went on to say that the roads are awful and wants to know if something will be done if they are annexed and paying taxes.

 

Ms. Speer stated that code enforcement would happen immediately and street repairs and sidewalks would go into the five year plan for capital improvements. She went on to explain how the five year plan works and talked about obligations of the City to serve those who are annexed including addressing streets, drainage and garbage in the creek.

 

Phil Huber, 405 Bellemeade, stated that he is opposed to annexation. He stated that he has a woodworking shop in the back of his house and scrap wood that he likes to burn and feels like he will lose his freedom to not have to get a permit. He stated that he has chickens and that while most stay in the yard, a couple do get out. He concluded that he bought his house ten years ago because it wasn’t in the City and wants it left the way it is.

 

Brian Stuart, 401 Bellemeade, 506 Green Meadows, 16311 Millcreek Road, stated that he wants things to be left like they are, that they don’t want all of the laws imposed on them. He stated that he has 80% of people around him who have signed a petition that they don’t want to be annexed. He said that he wants to stop the annexation and said that he was told that it could still be done. He stated that he is working on three properties and wants the area left alone.

 

Mr. Marsh pointed out that Pflugerville and Austin have grown up around them and it is not country anymore. Mr. Stuart said that he doesn’t understand why it has to be annexed and rules enforced. He said that he has cars that he works on and thinks he will be stopped. Mr. Cooper mentioned his own car that he works on and said that likely, if he is not doing anything unsafe or unseemly, that there shouldn’t be a problem and pointed out the importance of having the protection of the City in the event of an unwanted element coming into the area. Mr. Stuart said that he knew that they were trying to talk them into it but insisted that they do not want to be annexed. Mr. White said that he understood their concerns and respected their opinions and Council will do everything that they can to address concerns but that Council has to do what is good for all of Pflugerville. Mr. Stuart insisted they don’t want to be annexed.

 

Sandra K. Baston, 507 Green Meadows, did not wish to speak, but requested that they Mayor enter for the record her opposition.

 

Mr. White motioned to approve the ordinance. Mr. Cooper seconded the motion. All voted in favor. The motion passed.  

 

4. Public Hearing.
A. Hold a public hearing and consider approving an ordinance on first reading with the caption reading: An ordinance of the City of Pflugerville, Texas amending Ordinance No. 874-07-04-10 of the City of Pflugerville, Texas, as amended, by ADDING THE zoning designation OF AGRICULTURE/ CONSERVATION (a) TO Lot 4 Block L, Picadilly Ridge Ph 3 Sec. 1; Lot 22 Block L, Picadilly Ridge Ph 3 Sec. 1; Lot 28 Block A, Watson Park 3; Lot 1 Block P, Windermere Ph F Sec. 3; Lot 7 Block A, Windermere Terrace; Property ID Number: 280674 a 9.792-acre tract out of the J. Van Winkle Survey No. 14, Abstract 786; Property ID Number: 379701 a 4.082-acre tract out of the J. Van Winkle Survey No. 14, Abstract 786; Property ID Number: 363458 a 7.610-acre tract out of the J. Van Winkle Survey No. 14, Abstract 786; Property ID Number: 280673 a 9.099-acre tract out of the J. Van Winkle Survey No. 14, Abstract 786; consisting of approximately 60 acres within the 2009 3-Year Plan Annexation Area, generally south of Pflugerville Pkwy, east of Grand Ave. Pkwy, west of Heatherwilde Blvd. and north of Pecan St., to be known as part of the 2009 Windermere, Picadilly, Watson Park & Hillside Spring Area Zoning (REZ-09-0065), and providing an effective date. Mayor Coleman read the item along with the caption of the ordinance under consideration. Ms. Speer gave information on the item. There were no people in attendance that requested to speak at the public hearing. Mr. Cooper motioned to close the public hearing. Mr. White seconded the motion. All voted in favor.  The motion carried.  Mr. Cooper motioned to approve the ordinance. Mr. Marsh seconded the motion. All voted in favor. The motion carried. 

 

B. Hold a public hearing and consider approving an ordinance on first reading with the caption reading: An ordinance of the City of Pflugerville, Texas amending Ordinance No. 874-07-04-10 of the City of Pflugerville, Texas, as amended, by ADDING THE zoning designation OF General Business 1 (GB1) TO Lot 1 Noonans Hillside Spring Sec. 1; consisting of approximately 2 acres within the 2009 3-Year Plan Annexation Area, generally south of Pflugerville Pkwy, east of Grand Ave. Pkwy, west of Heatherwilde Blvd. and north of Pecan St. and to be known as part of the 2009 Windermere, Picadilly, Watson Park & Hillside Spring Area Zoning. (REZ-09-0065)  Mayor Coleman read the item along with the caption of the ordinance under consideration. Ms. Speer gave information on the item. There were no people in attendance that requested to speak at the public hearing. Mr. Cooper motioned to close the public hearing. Mr. White seconded the motion. All voted in favor.  The motion carried.  Mr. Cooper motioned to approve the ordinance. Mr. Marsh seconded the motion. All voted in favor. The motion carried.

 

C. Hold a public hearing and consider approving an ordinance on first reading with the caption reading: An ordinance of the City of Pflugerville, Texas amending Ordinance No. 874-07-04-10 of the City of Pflugerville, Texas, as amended, by ADDING THE zoning designation OF Single-Family Suburban Residential (SF-S) TO Picadilly Ridge Ph. 1, Sec. 3 Except Lot 78, Block A; Picadilly Ridge Ph. 1, Sec. 2; Picadilly Ridge Ph. 1, Sec. 1 Except Lot 76, Block A; Picadilly Ridge Ph. 2, Sec. 1; Picadilly Ridge Ph. 2, Sec. 2; Picadilly Ridge Ph. 3, Sec. 1 Except Lots 4 & 22, Block L; Picadilly Ridge Ph. 3, Sec. 2 Except Lot 67, Block H; Picadilly Ridge Ph. 3, Sec. 3; Windermere Ph. F, Sec. 1; Windermere Ph. F, Sec. 2; Windermere Ph. F, Sec. 3 Except Lot 1, Block P; Windermere Ph. G, Sec. 1; Windermere Ph. H, Sec. 1; Windermere Ph. H, Sec. 2; Windermere Terrace; Watson Park Resubdivision of Lots 3-9, & Lots 19-33; Watson Park, IIIA; Watson Park, III Except Lot 28, Block A; Hillside Springs Sec. 1; North Hillside Springs Sec. 1; North Hillside Springs Sec. 2; North Hillside Springs Sec. 2A; consisting of approximately 348 acres within the 2009 3-Year Plan Annexation Area, generally south of Pflugerville Pkwy, east of Grand Ave. Pkwy, west of Heatherwilde Blvd. and north of Pecan St. and to be known as part of the 2009 Windermere, Picadilly, Watson Park & Hillside Spring Area Zoning. (REZ-09-0065), and providing an effective date. Mayor Coleman read the item along with the caption of the ordinance under consideration. Ms. Speer gave information on the item. There were no people in attendance that requested to speak at the public hearing. Mr. Cooper motioned to close the public hearing. Mr. White seconded the motion. All voted in favor.  The motion carried.  Mr. Cooper motioned to approve the ordinance. Mr. Marsh seconded the motion. All voted in favor. The motion carried.

 

5. Public Comment.  There were no persons in attendance that requested to speak under public comment item.

 

Reading of the Consent Agenda. Items 7A, 8A, 9B and 10B were removed from the consent agenda. Ms. Deamer read the items and the captions of the ordinances under consideration.

 

6. Approval of Minutes.

A. Approval of the minutes of the November 10, 2009, Worksession and Regular Meeting; November 13, 2009, Worksession; November 14, 2009, Worksession; and November 15, 2009, Special Meeting.
Karen Thompson, City Secretary

 

8. Ordinances Second Reading.

B. Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS AMENDING ORDINANCE NO. 874-07-04-10 OF THE CITY OF PFLUGERVILLE, TEXAS, AS AMENDED, BY CHANGING THE ZONING DESIGNATION FROM URBAN LEVEL 4 (CL4) TO GENERAL BUSINESS-2 (GB2) FOR BLOCK E; LOTS 1-2 AND 9-14 OF BLOCK A; LOTS 1-3 OF BLOCK C; AND LOTS 1-4, 6, AND 8 OF BLOCK D OF THE 685 COMMERCIAL PARK SUBDIVISION AND TWO TRACTS OF LAND BEING APPROXIMATELY 4 ACRES OUT OF THE LEE J C SURVEY NO. 35, ABSTRACT 488 TO GENERAL BUSINESS-2 (GB-2); AND CHANGING THE ZONING DESIGNATION FROM URBAN LEVEL 4 (CL4) TO LIGHT INDUSTRIAL (LI) FOR BLOCK B, LOTS 3-8 OF BLOCK A, LOTS 4-9 OF BLOCK C, AND LOTS 5, 7, AND 9-16 OF BLOCK D OF THE 685 COMMERCIAL PARK SUBDIVISION; AND CHANGING THE ZONING DESIGNATION FROM URBAN LEVEL 4 (CL4)  TO AGRICULTURE/CONSERVATION (A) FOR APPROXIMATELY 4 ACRES OF DETENTION FACILITIES OF THE JOHN C LEE SURVEY NO. 35, ABSTRACT 488; BEING APPROXIMATELY 74.52 ACRES IN TRAVIS COUNTY, TX, TO BE KNOWN AS THE 685 COMMERCIAL PARK PROACTIVE REZONING.  (REZ-09-0034), AND PROVIDING AN EFFECTIVE DATE.
Autumn Speer, Planning Director

 

C. Approving an ordinance on second reading with the caption reading: AN ORDINANCE AMENDING THE CITY OF PFLUGERVILLE CODE OF ORDINANCES TITLE XV LAND USAGE, CHAPTER 157 UNIFIED DEVELOPMENT CODE BY AMENDING SUBCHAPTER 5. ESTABLISHMENT OF OVERLAYS AND SPECIAL DISTRICTS BY ADDING SECTION D.  685 COMMERCIAL PARK OVERLAY DISTRICT; REPLACING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00 AND DECLARING AN EFFECTIVE DATE.
Autumn Speer, Planning Director

 

9. Resolutions.

A. Approving a resolution adopting a three year annexation plan.
Autumn Speer, Planning Director

 

10. Other Actions.

A. Voting for Joan Kunkel for the Board of Directors of the Travis Central Appraisal District.
Karen Thompson, City Secretary

 

C. Approving the appointment of Loretta Doty to the Personnel Appeal board for a three-year term beginning January 1, 2010.
Karen Thompson, City Secretary

 

D. Cancelling the City Council’s December 22, 2009, Worksession and Regular Meeting.
Karen Thompson, City Secretary

 

Action on the Consent Agenda. Mr. Gonzales motioned to approve the consent agenda. Ms. Sattler seconded the motion. All voted in favor. The motion carried.

 

7A. Approving an ordinance on first reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, AMENDING CHAPTER 52 OF THE CITY OF PFLUGERVILLE, TEXAS CODE OF ORDINANCES REGARDING SOLID WASTE, AND PROVIDING AN EFFECTIVE DATE. Mr. Marsh noticed some incorrect definitions in the ordinance that needed to be amended. He asked for clarification of fees and Ms Davis explained. Mr. Marsh stated that the words “not” in the definition of bulky items and white good needed to be struck. Ms. Davis indicated that she would amend the ordinance to reflect those changes. Mr. Marsh motioned to approve as read with exception of changing the definition of bulky items and white good by striking the word “not”, as was changed in the agreement. Mr. White seconded the motion. All voted in favor. The motion carried.

 

8A. Approving an ordinance on second reading with the caption reading:  AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, AMENDING RATES, CHARGES AND FEES FOR WATER, WASTEWATER AND SOLID WASTE UTILITY SERVICE AND PROVIDING AN EFFECTIVE DATE. Mr. Marsh motioned to approve the ordinance as read. Ms. Sattler seconded the motion. All voted in favor. The motion carried. 

 

10 B. Approving an agreement between the City of Pflugerville and the Pflugerville Community Development Corporation (PCDC) providing for the reimbursement of proportionate bond payment in association with subdivision improvements for PCDC land.
Mayor Coleman asked Charles Simon if there is enough money for all initiatives. Mr. Simon said that they are watching money very closely and gave information. Mr. White, being on the PCDC Board, assured Mayor Coleman that they are fiscally conservative. Mr. Simon answered questions of Council. Ms. Sattler motioned to approve the agreement. Mr. White seconded the motion. All voted in favor. The motion carried.

 

11. Discuss Only.

A. Review and discuss the progress of the Pflugerville 2030: Your Voice, Your Choice Comprehensive Plan. Ms. Speer gave information and updates.

B. Review and discuss the SH 130 and SH 45 Corridor Districts as they pertain to uses in Corridor Level 4 and 5 Zoning Districts. Mr. Marsh asked for this item to be discussed as result of carwashes not being allowed in the corridor district. Ms. Spear gave information including corridor uses vs. standards. Mr. Marsh said that he thought that they should concentrate more on standards rather than uses to encourage development and discussion on the corridor should be revisited. Mr. Cooper disagreed and said that he thought that, especially with automotive uses, it could be detrimental in the future. He said that he was willing to look again but cautioned against a knee-jerk perspective over researched, long-term vision. There was discussion amongst Council. Ms. Speer said that it would be preferred that the corridor districts be reviewed after the Comp Plan. 

 

Tim Timmerman, 4903 Whitethorn Court, stated that the corridor plan is a good plan, is good for the future and he thinks that it will enhance the area. He stated that he likes the flexibility of the plan. He stated that he thinks that the corridor has gotten too big along 685 would like to look at taking some of that property and putting more traditional zoning on it. He stated that he thinks that there is room for a lot of different uses and standards should be high. He reiterated that he would like to look at rezoning some property into traditional type zoning.

 

There was further discussion with Council and Ms. Speer. Ms. Speer said that they would come back to Council around February to give them a timeline and discuss a steering committee.

 

9B. Approving a resolution approving a grant application to the Texas Department of Transportation for the Safe Routes to School Program and authorizing the Mayor to submit the same. Mr. Fletcher said that they would look to implement some of the ideas talked about in the worksession for pedestrian safety and gave further information about the scope of the grant for the Kelley Lane project. He said that they will make a report after the Committee meets again. Mr. Cooper motioned to approve the resolution. Ms. Sattler seconded the motion. All voted in favor. The motion carried.   

 

12. Discuss and consider action.

A. Discuss and consider action regarding future agenda items. Mr. Cooper would like to evaluate Ms. Gillam’s performance as Interim City Manager

 

Mayor Coleman announced that the City Council was retiring to executive session on item 12B for discussion of personnel matters.  The time was 9:06 p.m.

B.1 Executive Session Item: Discussion of personnel matters pursuant to Chapter 551.074 of the Texas Government Code regarding the appointment of a City Manager and approval of an employment agreement.  2.) Open Session Item: Discuss and consider action regarding the appointment of a City Manager and approval of an employment agreement. The item was to be discussed in executive session.

 

Mayor Coleman reconvened in open session at 9:31 p.m. No action was taken. Mr. Marsh moved to approve the hiring of and contract with Brandon Wade as City Manager. Mr. Cooper seconded the motion. All voted in favor. The motion carried.

 

13. Adjourn. Mr. Cooper made a motion to adjourn. Ms. Sattler seconded the motion. All voted in favor. The motion carried. The meeting was adjourned at 9:32 p.m.

 

Respectfully submitted,

 

Christa Deamer
Deputy City Secretary


Approved as presented on December 8, 2009.