2005-06-27 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING MEETING MINUTESMINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 27, 2005, AT 6:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Pro-Tem Cole called the public hearing to order at 7:10 p.m. with the following
present:
Mayor Pro-Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Kevin Cole
Richard Tetens
Woody Owens
Larry Marcott
Bill Eisen
Darrin Coker
Young Lorfing
Absent: Mayor Tom Reid and Councilmember Charles Viktorin.
Others in attendance: Executive Director of Economic Development Corporation Fred
Welch; Public Affairs Liaison Lynn Munford; Purchasing Officer Gordon Island; Senior
Planner Theresa Grahmann; Secretary Jane Taylor; and Administrative Clerk Theresa
Smith.
PURPOSE OF HEARING - ABANDONMENT OF UNUSED STREET RIGHT-OF-WAY,
A PORTION OF TRACT 45 OF SECTION 2, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT NO. 542 OF THE DEED RECORDS OF BRAZORIA COUNTY. Mr. Darrin
Coker, City Attorney.
STAFF REVIEW
City Attorney Darrin Coker stated this is for the abandonment of a right-of-way located
along State Highway 35. A sixty-foot right-of-way runs east and west and is located just
south of Alice Street at State Highway 35. Anytime the City receives a request for
abandonment of right-of-way, the City is required by ordinance to hold a public hearing
regarding the same. The requestor owns adjacent property and desires to development
the property, and is asking the City to consider this request to abandon the property. If
the property is ultimately abandoned and not used by the requestor, the City can sell the
property at fair market to the adjacent property owner without going to the public bid
process; to sell it to anyone else, the City will have to go through the public bid process.
Mr. Coker further stated, in a discussion with Project Director Joe Wertz, the City's Alice
Street water plant is located at the rear, just east of the property and abuts the property.
The City will be looking to expand this area in the future and may need some property.
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There is always the possibility if the Council chooses to abandon this property, a land
swap may be considered with the property owner. He reported the fair market value of
the property has to be equal; if there is any difference in property value that has to be
considered as well.
CITIZEN COMMENTS
Michael Klaus, 5016 Groveton, addressed Council and stated since the City Attorney
stated the City may need this property in the future, he asked Council to turn down this
request for abandonment of right-of-way. With all the things happening in this area, the
problem is the limited ability to accurately forecast what the needs are going to be in the
future with the speed of growth. To go in and arbitrarily say we do not need it today and
come back and try to replace it in the future will do nothing but incur additional cost to
the citizens at some indefinite period in the future. In closing Mr. Klaus stated he is
against this.
COUNCIL/STAFF DISCUSSION
Councilmember Marcott stated, on the survey, off to the north at the two ends, it shows
north and south; he thinks that it is east and west.
City Attorney Darrin Coker stated Councilmember Marcott is correct. That is incorrect
information on the survey. If the Council chooses to abandon the right-of-way, there will
be new surveys made to describe the property that will be conveyed to property owner.
In closing, he stated this is an undeveloped right-of-way
ADJOURNMENT
ATTEST:
Meeting adjourned at 7:04 p.m.
Minutes approved as submitted and/or corrected this the 25th
Tom Reid
Mayor
day of July
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