2003-01-06 CITY COUNCIL PUBLIC HEARING MEETING MINUTES201
MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JANUARY 6, 2003, 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
Woody Owens
Richard Tetens
Charles Viktorin
Larry Marcott
Klaus Seeger
Bill Eisen
Darrin Coker
Young Lorling
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Executive Director of Economic Development
Corporation, Fred Welch, City Engineer John Hargrove; Public Affairs Liaison Lynn
Munford.
PURPOSE OF HEARING - AMENDMENT OF IMPACT FEES
To consider the amendment of land and use assumptions and a capital improvements
plan and the imposition of an impact fee in the service area encompassed by the city
limits.
STAFF REVIEW OF PROPOSED AMENDMENT
City Manager, Bill Eisen, stated periodically the City is required to update the
assumptions with regard to land use as well as the assumptions with regard to new
facilities that will be required as a result of new growth. All of those assumptions are
required to be evaluated periodically to reexamine the impact fees that are currently in
place.
Ron Bavarian, Freese and Nichols gave a Power Point presentation regarding the
proposed Impact Fee Study.
Deputy City Manager, Alan Mueller, Executive Summary stated the report represents an
update of 1999 Water and Wastewater Impact Fee Study. The Report is prepared
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pursuant to Chapter 395 of Texas Local Government Code (with 1989 and 2001
amendments). The report studies a 20 -year period however, for the impact fee
assessment only those costs and service units associated with the first 10 -year period
are accounted for. The 1999 report included a separate supplemental impact fee study
for the Shadow Creek Ranch (SCR) development. For 2002 update, the supplemental
impact fee study for the SCR development is also updated. Pearland City limits
encompass approximately 44.57 square miles or 28,525 acres of which 5.41 square
miles or 3,467 acres is in the Shadow Creek Ranch development. The Census 2000
reports a population of 37,640 people for Pearland. The mid 2002 population is
estimated to be 45,153 people. The year 2012 and year 2022 projected populations are
68,009 and 83,859 people, respectively. For the purpose of impact fee assessment, all
types of uses are converted to an equivalent service unit, being a single-family dwelling.
Currently, the City has 16,626 connections of different types. Using the conversion
factors stated in the report, this equals to 18,199 equivalent service units. The 10 -year
and 20 -year equivalent service unit projections are 26,301 and 32,331, respectively. For
the purpose of impact fee computations, the net equivalent service unit increase
between current and the first 10 -year period, or 8,102 is used. The city's current water
supply sources consist of 8 water wells and one surface water connection in Green Tee
Subdivision, totaling approximately 7,963 gallons per minute capacity. The McHard
Road surface water connection in the far northwest quadrant of the City is currently
under construction thus not accounted for in this update. Available ground and elevated
storage capacities are 3,295,000 gallons and 2,500,000 gallons, respectively. To meet
the current and projected service units demand, the City will need approximately 2,957
gallons per minute well capacity for current demand and 7,818 gallons per minute and
11, 436 gallons per minute for years 2012 and 2022, respectively. There will be a
shortage of 130,100 gallons of elevated storage for year 2012 and 733,100 gallons for
year 2022. City's current wastewater treatment system consists of three plants, totaling
7.100 MGD capacity. Based on the average annual flows for the past two years, there is
currently 2.695 MGD reserve capacity. To meet projected service units demand, 0.629
MGD and 2.347 MGD capacity expansions are needed for year 2012 and year 2022,
respectively. To meet the current and future demands, water and wastewater projects
were developed for this report update. Twenty-six water and twenty-seven wastewater
projects were identified. Some of the projects costs include the 10 -yr. debt service due to
their funding method. The total water projects exceed twenty-six due to the number of
water wells needed to meet demand however, except for one, the rest have been costed
but not identified due to uncertainty on location. The estimated total cost of all water
projects is $29,457,591. The estimated total cost of all wastewater projects is
$27,185,217. Therefore, the total eligible water and wastewater projects cost is projected
to be $56,642,808. The 2001 amendment to Chapter 395 of Texas Local Government
Code requires that municipalities either give a credit for the portion of ad valorem tax and
utility service revenues generated by new service units during the program period (10
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years for Pearland) back to the development, or a credit equal to 50 percent of the total
projected cost of implementing the 10 -yr. capital improvements plan. The City of
Pearland proposes to give the 50 percent credit. Therefore, the total proposed projected
water and wastewater projects cost would be $28,321,404 (50% of $56,642,808). To
compute the proposed water and wastewater impact fee rate, the proposed projected
cost of $28,321,404 is divided by the projected 10 -yr. service units of 8,102, to obtain a
proposed rate of $3,496. The City's current rate established in 1999 is $2,968. For the
Shadow Creek Ranch development, the projected 10 -yr. service units is 11,538. To meet
future demand, two water and three wastewater projects were identified. The total
eligible water and wastewater projects are estimated to be $30,827,772. This total cost
includes 10 -yr. debt service for some projects currently underway. To compute the
impact fee rate for the Shadow Creek Ranch development, the above cost is divided by
11,538 projected service units to obtain a rate of $2,672. The Shadow Creek Ranch
development current rate established in 1999 is $2,678. The proposed impact fee is
100% of the eligible rate. This is due to the development agreement between the City
and Shadow Creek Ranch development in which the development is to compensate the
City for any rate less than 100% assessment.
Deputy City Manager, Allan Mueller, also gave a brief overview of other comparable
Cities Impact Fees Mr. Mueller further stated that Pearland's Impact Fees is higher than
other places primarily due to the City's large surface area and the development is spread
out from one end to the other. The City started with a very small compact system and as
development has occurred there has been a lot of major upgrades that has to cover long
distances in order to make everything fit together. In closing he stated the City has a
tremendous amount of growth and there is a lot of demand.
CITIZEN COMMENTS
Tom Alexander, 3208 Nottingham, addressed Council and stated he feels the older part
of Pearland is being discriminated against. He stated there has been two Bond issues
and those obligations have not been complied with. There is no sewer service available
in the old town site today. Mr. Alexander said he feels he has paid four times for sewer
and water in the old town site. He further stated that Impact Fees for the older part of
town is discrimination. In closing Mr. Alexander stated he would like a responses to his
inquiries in the future.
Mike Klaus, 5016 Groveton, addressed Council and stated they he feels the proper
notification was not given regarding this Impact Fee Public Hearing. He also stated that
someone that is not aware of the Impact Fees may not have factored them into their
project.
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COUNCIUSTAFF DISCUSSION
City Manager, Bill Eisen, stated there are certain things written into the State law with
regard to the notice that is given. All of the requirements were complied with. He also
mentioned the maximum Impact Fee that can be charged in most of the City is
approximately $3,500. There is already an Impact Fee in place and has been for some
time of $2,968.
Councilmember Seeger briefly discussed the other Cities comparison fees with Deputy
City Manager, Alan Mueller.
Mayor Reid stated the City will get a response to Mr. Alexander regarding his concerns
with the Impact Fees.
Councilmember Viktorin stated he is not a fan of Impact Fees to begin with. The "con"
against Impact Fees is for a business coming onto the City, that business asked why
they have to pay Impact Fees where existing businesses do not. He further state he is
also concerned that Pearland is the highest in comparison to other Cities, and also
concerned if the Economic Development Corporation has experienced any businesses
not wanting to come to Pearland because of the Impact Fees.
Pearland Economic Development Corporation Executive Director Fred Welch stated he
is not aware of the Impact Fees slowing down the rate of development, or anyone ever
stating that is their reason for not coming to Pearland.
Mayor Reid stated he has talked with several developers who like the Impact Fees for
the simple reason that they know they can complete their project because the money
goes into new development of facilities. If the City did not have that and depended on a
Bond issue, the City probably could not pass a Bond issue just to put in water lines for
new development.
Councilmember Marcott stated he is in favor of Impact Fees. The fees pay for the new
development and the existing residents of the City is not burdened with that responsibility
of paying for the new growth.
Mayor Pro -Tem Owens asked why is there a difference in Shadow Creek Ranch's
Impact Fees.
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Deputy City Manager, Alan Mueller stated because there is a lot less improvements that
is needed. In looking at the other portion of the City, improvements are substantiality
higher because of the improvements needed.
Lengthy discussion ensued between Council and Staff regarding Impact Fees.
ADJOURNMENT
Meeting was adjourned at 7:25 p.m.
Minutes approved as submitted and/or corrected this
ATTEST:
27th day of January, A.D., 2003.
Tom Reid
Mayor
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