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2001-12-10 CITY COUNCIL PUBLIC HEARING MEETING MINUTESi^ MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON DECEMBER 10, 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 Tom Reid Mayor Pro -Tem Larry Marcott Councilmember Richard Tetens Councilmember Woody Owens Councilmember Larry Wilkins Councilmember Klaus Seeger City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: City Engineer John Hargrove; Director of Community Development and Services Gene Tumlinson; Public Works Director Jerry Burns; Executive Director Mike Chance. PURPOSE OF HEARING - ABANDONMENT OF UNUSED DEDICATED ROAD RIGHT- OF-WAY LOCATED BETWEEN BLOCK 4 AND BLOCK 5 OF THE AIR PORT SITES SUBDIVISION. Mr. Darrin Coker, City Attorney. STAFF REVIEW City Attorney, Darrin Coker, stated this abandonment request is for a piece of property located south of Third Street in the Air Port Sites subdivision between the railroad tracks and State Highway 35. The 60 -foot right-of-way extends south of Third Street down to Mary's Creek. The request for abandonment was made by Mr. Jose E. Guillen, Jr., who owns the property adjacent to this property. For years, the practice of the City has been to abandon right-of-way and then consider, as just by operation of law, that this property is going to be deeded to the center line to the property owners on both sides. At the beginning of the century there was a law that required such but the City does have the right to sell right-of-way once it is abandoned. The abandonment is just simply abandoning it as public right-of-way. If abandoned by Council at a future meeting, the property would still belong to the City and sometime in the future the City then has the right to dispose of this property as it sees fit, provided that it complies with any statutory laws. Under most circumstances, if the City does sell property, the property has to be publicly bid. Under certain circumstances the City can sell property without it being publicly bid if it meets certain criteria. The criteria would be if it were a narrow strip of property that the City cannot do anything with or if the City is selling it to an adjacent property owner. It has been a long - Page 1 of 4 - 12/10/2001 time practice for the City to do it the other way but would like Council to be aware that some of the right-of-ways the City is abandoning have value to them and the City, acting responsibly, should at least seek whatever value the property does have in return for any exchange. In this particular property, specifically, there are no public or private utilities _ running through it and it looks like a vacant lot. The City has maintained it and mowed it but the only entity actually using the property at this time is Brazoria County Drainage District No. 4. He stated that last week he spoke to the Superintendent of Brazoria County Drainage District No. 4, Mike Yost, who indicated that they do use this tract of land for access to Mary's Creek for maintenance of the Creek. CITIZEN COMMENTS Jose Guillen, 3909 Third Street, addressed Council and stated he owns the property next to the right-of-way. He further stated Superintendent of Brazoria County Drainage District No. 4, Mike Yost, was not present at the meeting tonight but there is no access to the right- of-way other than through his driveway. He does not see how Mr. Yost can say that or mow Mary's Creek when there is no way into that property other than his driveway. He stated he and his family have always mowed it and he played on it when he was growing up. He would like to make improvements on this property such as possibly building a house. COUNCIUSTAFF DISCUSSION Mayor Pro -Tem Marcott asked if Mary's Creek was right up against the back edge of this property and if Brazoria County Drainage District can come back on this and go either direction along the Creek. City Attorney, Darrin Coker, stated that the property dead ends at Mary's Creek and Brazoria County Drainage District can go either direction along the Creek. The property is approximately 60 feet by 223 feet. He further stated that although it is not an official easement of BCDD No. 4, Superintendent of Brazoria County Drainage District No. 4, Mike Yost, indicated that they have been utilizing this right-of-way and would like to have their interests considered. Councilmember Seeger asked if, as the purpose of Mr. Guillen, would that exclude the Drainage District from using it. City Attorney, Darrin Coker, stated that was a whole other issue and if the City chose to convey the property to Mr. Guillen the City could do so and also retain an easement on the property for the Brazoria County Drainage District. The City could also, on condition of conveyance of the property, have Council convey simultaneously an easement to the Drainage District for access, which is what he would recommend. He stated if it is going to Page 2 of 4 - 12/10/2001 be for Brazoria County Drainage District's use, he suggests it should be their easement and not the City's. Councilmember Owens stated if the City is going to use taxpayer's money to acquire property for right-of-way it would not be in the City's best interest to convey it to somebody else. The City should be able to sell it for whatever the value is and put it back into the City. He stated regardless of what is done here, the City ought to look into this for the future. Councilmember Seeger stated the value of this property would be affected by a Drainage District right-of-way being on there also. He further stated it would have a fairly significant affect on the value of this property. City Attorney, Darrin Coker, stated if there were a simultaneous easement done, the fact that there would be an easement on the property would have an effect on the value. Mayor Pro -Tem Marcott stated a couple of years ago the Council vacated a road off of Dixie Farm Road by the Creek for 60 feet. He further stated now we are looking at someone that is going to build down there and it looks like it is flood plain. When it rains hard and the Creek comes up, what is there holds water and now they want to put buildings there. He stated he thinks the City needs to look closely at this because it may compound part of the drainage issue. He further stated he thinks that one was given away. City Attorney, Darrin Coker, stated that yes the particular item Mayor Pro -Tem Marcott was referring to was given away. Mayor Pro -Tem Marcott stated it looks like the intention of gaining the right-of-way in the first place was to have access to the creek in that area. On this basis, the City should maintain some sort of access for Brazoria County Drainage District. Councilmember Owens stated before conveying, Council needs to look at the Brazoria County Drainage District first and let them mow and maintain it. Brazoria County Drainage District is going to use it and the City is not since the City has no long-term use for it. Mayor Reid stated his appreciation to Mr. Guillen for mowing this piece or property and making it look good. He further stated it has been a great help in that area. Counci[member Tetens stated the City needs to check and see if the Drainage District really does need a right-of-way in there. If you look from Highway 35 the banks and Mary's Creek are steep there and property lines are along the top of the banks. He further stated he does not know what Brazoria County Drainage District would get in there to work on unless they were under the railroad tracks. Page 3 of 4 - 12/10/2001 Councilmember Seeger stated it would be good if Staff had a meeting with Brazoria County Drainage District No. 4 to discuss this matter further. ADJOURNMENT Meeting was adjourned at 6:45 p.m. Minutes approved as submitted and/or corrected this 14'h day of January A.D., 2002. ATTEST: �=0 om Reid Mayor Page 4 of 4 - 12/10/2001