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2001-10-08 CITY COUNCIL PUBLIC HEARING MEETING MINUTES149 MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 8, 2001, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Larry Marcott Woody Owens Klaus Seeger Larry Wilkins Bill Eisen Darrin Coker Young Lorfing Absent: Councilmember Richard Tetens. Others in attendance: Deputy City Manager Alan Mueller; Police Chief J.C. Doyle; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallos; Finance Director Jim Causey; Executive Director PEDC Mike Chance; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Executive Director Community Services Tobin Maples; Director of Human Resources Mary Hickling. PURPOSE OF HEARING - PROPOSED ANNEXATION OF 6 TRACTS Tract 1 The herein described 139 acres of land, more or less, being generally located in the R. Blackburn Survey, Abstract Number — 160 and the James Hamilton or D. White Survey, Abstract Number -876 Harris County, Texas, the north line being the south right-of-way line of Beltway 8 (South Belt); the east line being the east right-of-way line of Hooper Road and the west line of City of Pearland Ordinance Number 922; the south line being'the north right- of-way line of Riley Road; and the west line being the east right-of-way line of County Road 48 (Almeda School Road) (Old Airline Road); All that certain 139 acres of land, more or less, to be annexed into the City of Pearland being all or a portion of Lots 5, 6, 8 —12 and unnumbered lot, Almeda Orange Groves according to the plat thereof filed in Volume 2, Page 62 Harris County Map Records and all or a portion of Lots 13 1/2 —15 1/2, Lot 161/2 (also known as the Jones Partition), Lots 17 — 20 1/2, and Lots 29 — 32 1/2, Allison—Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in Volume 3, Page 40 Harris County Map Records, R. Page 1 of 6 - 10/8/2001 150 Blackburn Survey, Abstract Number — 160 and James Hamilton or D. White Survey, Abstract Number — 876, Harris County, Texas. Tract 2 The herein described 168 acres, more or less, being generally located in the A. B. Langerman Survey, Abstract Number — 555 and the H. T. & B. R. R. Company Survey, Abstract Number - 538; the north line being the common south line of City of Pearland Ordinance Number 882 and the south line of the Franklin Hooper Survey, Abstract Number — 198; the east line being the common west line of Brazoria County and the east line of Fort Bend County; the south line being the south line of said Abstract Number - 555; and the west line being the east right-of-way line of Farm Market Road 521 (Old Highway 288); All that certain 168 acres of land, more or less, to be annexed into the City of Pearland, and being out of the A. B. Langerman Survey, Abstract Number — 555 and the H. T. & B. R. R. Company Survey, Abstract Number — 538, Fort Bend County, Texas. The herein described 411 acres, more or less, being generally located in the H. T. & B. R. R. Company Survey, Abstract Number — 538; the north line being the common south line of City of Pearland Ordinance Number 880 and the north line of said Abstract Number — 538; the east line being partially along the west right-of-way line of County Road 48 (Old Airline Road) and partially along the west line of Section 84 of the Allison—Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in Volume 2, Page 98 Brazoria County Plat Records; the south line being partially along the north right-of-way line of County Road 59 (Dallas Road) (Airline Fort Bend Road); and the west line being the west line of said Abstract Number -538 and the east line of City of Pearland Ordinance Number 31; All that certain 411 acres, more or less, to be annexed into the City of Pearland and being out of the H. T. & B. R. R. Company Survey, Abstract Number — 538, Brazoria County, Texas. Tract 3 The herein described 76 acres of land, more or less, being generally located in Section 18 of the H. T. & B. R. R. Company or George C. Smith Survey, Abstract Number — 547, Brazoria County, Texas; the north line being the north line of Lot 2 of the Kanawha -Texas Company Subdivision of parts of Sections 18 and 22 according to the plat thereof filed in Volume 2, Page 51 Brazoria County Plat Records; the east line being the common west right-of-way line of Farm Market Road 1128 (Manvel Road) and the west line of City of Pearland Ordinance Number 826; the south line being the north line of City of Pearland Ordinance Number 31 and being located north of County Road 101 (Bailey Road); and the Page 2 of 6 - 10/8/2001 151 west line being the common west line of Lots 2, 5, 9, and 13 and the east line of Lots 1, 4, 8, and 12 of said Kanawha -Texas Company Subdivision; All that certain 76 acres of land, more or less, to be annexed into the City of Pearland and being all or a portion of Lots 2,5,6,9,10,13,and 14 of said Kanawha Texas Company Subdivision in the H.T.& B.R.R. Company or George C. Smith Survey, Abstract Number 547, Brazoria County, Texas Tract 4 The herein described 832 acres of land, more or less, being generally located in Section 32 H. T. & B. R. R. Company or C. W. Groos Survey, Abstract Number— 525 and Section 31, H. T. & B. R. R. Company Survey, Abstract Number -293, Brazoria County, Texas; the north line being the south right-of-way line of County Road 100 (Massey Ranch Road), the east line being partially along the west right-of-way line of County Road 143 (Pearland Sites Road); the south line being partially along the north line of City of Pearland Ordinance Number 31, said line being north of County Road 128 (Hastings Cannon Road); and the west line being along the common east line of the H. Stevens Survey, Abstract Number — 593 and the west line of said Abstract Number — 525; All that certain 832 acres of land, more or less, to be annexed into the City of Pearland being out of Section 32, H. T. & B. R. R. Company or C.W. Groos Survey, Abstract — 525 and Section 31 H. T. & B. R.R. Company Survey, Abstract Number -293, Brazoria County, Texas. Tract 5 The herein described 260 acres, more or less, being generally located in the H. T. & B. R. R. Company Survey Abstract Number — 308 and the H. T. & B. R. R. Company Survey Abstract Number— 551; the north line being the south line of City of Pearland Ordinance Number 463; the east line being the west line of City of Pearland Ordinance Number 755 and being 450' southwest of and parallel to the west right-of-way line of State Highway Number 35; the south line being the north right-of-way line or the extension thereof of County Road 413 (Hastings Field Road North); and the west line being the east right-of-way line of the Atchison, Topeka and Santa Fe Railroad; All that 260 acres of land, more or less, to be annexed into the City of Pearland and being all or a portion of Lots 179 — 182 and Lots 185 — 187 of W. Zychlinski's Subdivision of Sections 27 and 28 according to the plat thereof filed in Volume 29, Page 9 Brazoria County Deed Records and being out of the H. T. & B. R. R. Company Survey Abstract Number 308 and the H. T. & B. R. R. Company Survey Abstract Number — 551, Brazoria County, Texas. Page 3 of 6 - 10/8/2001 Tract 6 The herein described 774 acres, more or less, being generally located in the D. H. M. Hunter Survey, Abstract Number -36 and the T. J. Green Survey, Abstract Number -290; the northwesterly line being the southeasterly line of City of Pearland Ordinance Number 990; the northeasterly line being the common E.T.J. line of the City of Pearland and the City of Houston as established by City of Pearland Ordinance Number 188 and the northeasterly line of said Abstract Number — 290; the southeasterly line being the northwesterly and southwesterly lines of City of Pearland Ordinance Number 626, the northwesterly line of City of Pearland Ordinance Number 190 and the northeasterly and northwesterly lines of City of Pearland Ordinance Number 686; and the southerly line being the centerline of Clear Creek; All that certain 774 acres of land, more or less, to be annexed into the City of Pearland being all or a portion of Lots 1 — 120, Allison—Richey Gulf Coast Home Company Subdivision part of Suburban Gardens according to the plat thereof filed in Volume 4, Page 48 Harris County Map Records and being out of the D. H. M Hunter Survey, Abstract Number — 36 and the T. J. Green Survey, Abstract Number — 290, Harris County, Texas. STAFF REVIEW OF PROPOSED SERVICE PLAN Executive Director of Community Services, Tobin Maples, addressed Council and stated last year, in an effort to ensure the goals and protect the quality of life and provision of service in the City of Pearland, the Community Services Department conducted a Workshop with the Council in regards to future annexations. At the Workshop Staff received direction from Council in regards to potential areas that will be experiencing development pressures in the near future. Staff was asked to analyze which areas should be annexed into the City. Part of that direction was to take a look at predominantly vacant tracts, meaning raw land, usually being used for agriculture purposes or maybe even some sparse development. Overall, the majority of it is undeveloped. As a result of that Workshop, Staff went out and identified six tracts. Public notices and comment forms have been mailed to everyone affected by the annexations, as required by State law. In compliance with State law the City is required to conduct two public hearings before annexing the property into the City of Pearland. This is the first of those two public hearings, with the second public hearing scheduled for October 22, 2001. The first reading of the ordinance will be on November 12, 2001 and the second and final reading is scheduled for November 26, 2001. In the past, the City of Pearland has operated under the premise that land that is annexed into the City is automatically zoned Suburban Development. At the workshop Council asked Staff to look at zoning the property concurrently with the proposed annexation. Therefore, Staff has identified the six tracts, reviewed the Master Plan for those six tracts and are proposing zoning to run concurrently with the annexation so those properties will be zoned in compliance with the Master Plan Page 4 of 6 - 10/8/2001 153 upon adaptation, should Council vote that way. The advertisements for the public hearing will be mailed this Friday and the hearings will conducted like the Joint Public Hearing process we went through tonight. Mr. Maples further reviewed the dates of the public hearings for the annexation and zoning issues and stated the dates are as convenient as possible to avoid those individuals involved having to make too many trips to City Hall. He further emphasized, should the Council vote to annex those areas and zone them, everything will be finalized on November 26, 2001. He further reported that the Service Plan, and provision for services, are in compliance with State law. Mr. Maples further gave a general description of where the tracts of land are located; Tract 1 is off of the Beltway, west of SH 288, between Riley and Hooper Road; Tract 2 is just south of CR 92, and goes over to FM 521; Tract 3 is off of Manvel Road along the west side of Manvel Road, mainly the northwest corner of Bailey Road and Manvel Road; Tract 4 is contiguous with the City's one hundred foot strip south of CR 100 and west of CR 143; Tract 5 is down south SH 35, along the north side of CR 100; Tract 6 is in Harris County is northwest of the Green Tee development, along the north side of the Creek. CITIZEN COMMENTS Charlie Eason, 2510 Anthony Drive, addressed Council and stated he is representing Dr. John Massey, who owns property in Tract 4. Mr. Eason further stated Dr. Massey does not want his property annexed into the City of Pearland until everything north of it is annexed into the City of Pearland. Kathryn Anthony, 3303 Jacquelyn Drive, addressed Council and asked what is going to be done with the newly annexed property. Douglas Ofield, 29014 Misty Oaks Drive, addressed Council and stated he owns property in Tract 1. He stated he is opposed to the property being zoned Suburban Development (SD), he would rather it be zoned Heavy Industrial District (M-2). Mr. Ofield further stated he is opposed to the annexation of this property unless there is water and sewer available. He does not want to dig a well and then in a few years have to use the City's services. He does not want the property annexed if the utilities are not available. C.D. Anderson, 3215 Jacquelyn Drive, addressed Council and stated the City is supposed to be a Planned City and operate under that plan. He expressed his concern regarding the City annexing more property that they cannot service properly. Bobbie Thompson, Dixie Farm Road, addressed Council and stated some of the tracts of land the City has selected are a good selection, and some of the others are not as good. He represents property owners in Tract 4, and at this time they do not have a need for police protection and fire protection since all they have is cattle on this property. He stated until overall service is provided to the community do not annex additional property, and then only annex the property that you can provide all services for. Page 5 of 6 - 10/8/2001 154 COUNCIUSTAFF DISCUSSION Councilmember Wilkins stated he agrees with the majority of the individuals that addressed Council and he does not think the City can take care of what it has already annexed. It is not meant to be a derogatory statement to the Staff or anyone, but the City needs to review these six tracts of land and delete some of them. To take all of this property at one time is too excessive and may place a burden onto the City. Councilmember Wilkins further stated the annexation should be trimmed. There are other city issues that are more important, and the City should grow in a more controlled manner. Councilmember Seeger stated the City will need to be able to do the necessary improvements on these properties. One of the major points is by annexing, the City can control the development that goes into those areas. If the property is not annexed anything can go in that area and the City will not have any control. The are some good reasons for annexing properties and controlling the land use is one of the major ones. Councilmember Owens stated it is a valid point from both of the Councilmembers and he thinks it is something that Council needs to look at. He stated he wishes these points would have been brought out before Staff was directed to spend a lot of time and effort to annex these properties. ,► Venal II-."E"Ii41A04YI Meeting was adjourned at 9:07 p.m. Minutes approved as submitted and/or corrected this 22 n day of October, A.D., 2001. ATTEST: Mayor Page 6 of 6 - 10/8/2001