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2001-10-22 CITY COUNCIL PUBLIC HEARING MEETING MINUTES219 I n MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 22, 2001, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Tom Reid Mayor Pro -Tem Larry Marcott Councilmember Richard Tetens Councilmember Woody Owens Councilmember Klaus Seeger Councilmember Larry Wilkins City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Directorof Community Services Tobin Maples; Executive Director of PEDC Mike Chance; Police Chief J.C. Doyle; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Fire Marshal Larry Steed; Project Manager Allen Hague. 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 131/2 —15 1/2, Lot 161/2 (also known as the Jones Partition), Lots 17 — 201/2, 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. Blackburn Survey, Abstract Number — 160 and James Hamilton or D. White Survey, Abstract Number — 876, Harris County, Texas. Page 1 of 5 - 10/22/2001 p 220 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 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; Page 2 of 5 - 10/22/2001 22t 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. Tract 6 The herein described 774 acres, more or less, being generally located in the D. H. M. Page 3 of 5 10/22/2001 222 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 platthereof 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 City Manager, Bill Eisen, stated the proposed annexations under consideration consist of 6 separate tracts. This is the 2nd Public Hearing for these annexations. CITIZEN COMMENTS Charlie Eason, 2510 Anthony Drive, stated he was there as a representative of John Massey and Myrtlee Massey Meade. Ms. Massey Meade owns 60 acres in Tract 3 and does not want the city to annex this property. Mr. John Massey owns a portion of Tract 4 and does not want the city to annex this property until everything north of that tract is annexed into the city. Meta Kirby, 17020 Berry Road, stated what she is concerned about is the City doing the zoning and the annexation at the same time. A lot of people went up to the zoning that she knows are against this annexation and she does not think they realized this was coming up. One tract she is particularly interested in is the 832 acres off.of County Road 100. She lives in the area between County Roads 101 and 100. She does not want to be annexed either and does not want this property to be annexed at this time. She stated that the City is already asking the citizens to vote on a $115 million road bond and drainage issue and this will only create more problems when this property is sold and becomes Estate lots. Pearland cannot handle the growth as it is, otherwise the City would not be having this bond issue. The City can control it to an extent because it is in Pearland's E.T.J. She further stated she feels some of this should be tabled until a later time. Page 4 of 5 - 10/22/2001 223 COUNCIUSTAFF DISCUSSION Councilmember Owens stated the City should be giving notice of what things they would supply if this was annexed so that people would know the types of services they would be getting. City Manager, Bill Eisen, stated there was a service plan the City sent to property owners in the specified areas. ADJOURNMENT Meeting was adjourned at 8:15 p.m. Minutes approved as submitted and/or corrected this 19 day of November A. D., 2001. Mayor ATTEST: Page 5 of 5 - 10/22/2001 224 THIS PAGE LEFT INTENTIONALLY BLANK ` 225 MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 22, 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 Councilmember City Manager City Attorney City Secretary Tom Reid Larry Marcott Richard Tetens Woody Owens Larry Wilkins Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Directorof Community Services Tobin Maples; Executive Director of PEDC Mike Chance; Police Chief J.C. Doyle; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Fire Marshal Larry Steed; Project Manager Allen Hague. CALL TO ORDER PURPOSE OF HEARING - PROPOSED DISANNEXATION To consider the proposed disannexation of a strip of land that is situated within the boundaries of Brazoria County Municipals Utility District Nos. 2, 3, and 6. STAFF REVIEW OF PROPOSED DISANNEXATION City Manager, Bill Eisen, stated the City's initial 100 ft. strip annexation, which was done a number of years ago, has now had some lots constructed which impact that strip in 3 of the out -of -city M.U.D. districts. The City has received a petition for deannexation from the property owners so they would not have to pay property taxes to both the City and the out - of -city M.U.D.'s. The result of the proposed deannexation would be that a 1 ft. strip will remain in the City's extraterritorial jurisdiction but the level of taxation situation will no longer exist. Mayor Pro -Tem Marcott asked why the developer did not pay attention to this. Page 1 of 3 - 10/22/2001 226 CITIZEN COMMENTS Tom Wilcoxwith Silverlake Development stated the utility districts were created in the early 1980's. Silverlake Development took the project on after it had failed in General Homes in 1994. When they bought the project none of these strips showed up in title records that they had for the project until they started doing some of the subdivisions. They were unaware of the strip as well. This was a strip that was put in place in the mid 1960's and was actually there before the utility districts were created. Reducing this strip down to 1 ft. still gives you the availability to annex from that 1 ft. strip but does remove the complications of the double taxation. COUNCIUSTAFF DISCUSSION Councilmember Owens asked if this was a 99 ft. deannexation or 100 ft. City Manager, Bill Eisen, stated it is a 99 ft. deannexation of the 100 ft. strip. Councilmember Tetens asked the City Attorney if it is correct that the 1 ft, serves the same purpose, as far as the City is concerned, of the 100 ft. strip. City Attorney, Darrin Coker, stated the City could deannex the entire strip in this area and still have a legal 100 ft. strip in the City except for the one gap that would be in it. The City would still have the same rights. The reason for not doing this is that there are still some outstanding issues with settling extraterritorial jurisdiction boundaries with neighboring cities. Mayor Pro -Tem Marcott stated it would behoove the developers to check and be sure they are doing it within the correct boundaries. He further stated it looks like that did not happen here. .City Attorney, Darrin Coker, stated that would have happened back in the 1980's. Mayor Pro -Tem Marcott stated he heard what was said but that does not make it right. Deputy City Manager, Alan Mueller, stated part of the error was the City's fault as well. Back in 1980 or so when these M.U.D.'s were created and the City issued their consent to the M.U.D: s there is a statement that says the properties are wholly outside the existing city limits of the City, which was not true. He stated he believes, at that time, this property was so far out there that people were not paying attention to it. The research was not done the way it should have been. Page 2 of 3 - 10/22/2001 227 Mayor Pro -Tem Marcott stated that is not an excuse for either side and he hopes it is not happening again. Deputy City Manager, Alan Mueller, stated this was not an excuse but that is what happened. The City is aware of where the 100 ft. strip is now and it is very important to the City. Councilmember Tetens asked where this property is located, if that is one of the original M.U.D.'s or if this is some of the tracts that were annexed to the M.U.D. currently. Deputy City Manager, Alan Mueller, stated he believes it is part of the original M.U.D.. The pieces that have been annexed across the 100 ft. strip are actually south now. ADJOURNMENT Meeting was adjourned at 8:20 p.m. Minutes approved as submitted and/or corrected this the 19 day of November A.D., 2001. Tom Reid Mayor ATTEST: Page 3 of 3 - 10/22/2001 228 THIS PAGE LEFT INTENTIONALLY BLANK