Pfluger's Shrewd Strategy to Flee His Sand Trap

Businessman Lee Pfluger said Tuesday afternoon he might be willing to sell or trade the 10 acres of land he owns to the city as an alternative to developing a sand transloading facility.

Pfluger discussed the issue with a San Angelo LIVE! reporter following the Tuesday City Council meeting, during which he presented his transloading facility plan. The council subsequently asked questions about the plan  and also took questions from the audience. 

But if there is to be any deal with the city, Pfluger has a caveat: This property next to the Texas Pacifico rail line — located near downtown — will have to be used for something relatively productive.

"If we make an exchange and the city uses the land to create a really nice public park for instance, I would be very pleased," he said. "I would be happy with that."

"The reason for the transloading facility was that my land has 4,000 feet of rail on it," he said. "The rails are what is important, not the land. The land is just dirt."

His less than 10 acres of property is valued at $137,720, according to the Tom Green Appraisal District.

As far as the proposed sand transloading facility is concerned, Pfluger outlined his plans to create it during a two-hour portion of Tuesday's city council meeting. Many of the public comments afterward were critical of his choice of downtown as a location, and the "light industrial" category upon which his proposal hangs.

 Other criticisms of the idea revolved around possible health, smell, and noise hazards caused by sand and traffic.

However, no decisions about the proposal could be made by the council Tuesday. Legally, the status of the plan lies in the hands of the city's Zoning Board of Adjustment, explained Patrick B. Howard, director of development service. 

Members of the ZBA are waiting for an appeal of that zoning definition and cannot rule on the matter until it is made. If the ZBA's ruling is subsequently appealed, the matter will go before a municipal court judge for determination.

"I wouldn't want to be on the ZBA board right now," Councilwoman Charlotte Farmer said during the meeting.

During the public hearing, Pfluger expressed frustration at the criticism being directed at his plan without any alternate solutions. It appears he also hinted at the idea of a trade or sale.

"Tell me what you want to do with it," Pfluger said to the council. "If you want to make a park out of it, let me know. ... The council needs to be proactive and decide what is appropriate.... Y'all are the gorilla here. I just happen to own that piece of property."

Many members of the city council implored Pfluger during the meeting to change locations for the facility.

"I am pro-business," said councilman Rodney Fleming. "I want you to do this business — just not on the north side of all these houses."

Councilman Johnny Silvas said he has received several phone calls from area residents protesting the location. Farmer said she is worried locating the facility near downtown could do more harm than good.

Former Justice Of the Peace Jesse Martinez said there is a growing number of people worried about the facility being located downtown. At his request, a number of them stood up in the audience.

"This is concern for our city," he said.

Area resident Amanda Reynolds said she was concerned that airborne sand could affect area children. She has a 6-year-old who has asthma.

"We know west Texas is windy," she said, " ... My daughter will have to go somewhere else to play. It's not fair to her or the 2,437 students in the nearby areas."

Councilman Fleming asked Pfluger why he would create the facility in the middle of town when he owns other properties.

"Why not just do this on the north side?" Fleming asked.

After the meeting, Pfluger said he believes city officials should get more proactive about the situation.

"The city has to decide if it is going to be involved or not involved," Pfluger said. "... There is no indication right now the council is looking at any other course of action other than figuring out how to kill the project."

In the meantime, Pfluger said he can't get customers for the proposed transloading facility because of its current uncertainty combined with council opposition.

"How can I get a frac sand customer or a pipe customer when I don't know what the rules are?" he said. "Their active participation in this program is to figure a way to change the rules they have already given me.. Right now, this is 'one step at a time' until I can get to the point where I know definitely what I can do with the property."