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2003-07-28 CITY COUNCIL PUBLIC HEARING MEETING MINUTES-- MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 28, 2003, AT 6:00 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 Councilmember Charles Viktorin Councilmember Woody Owens Councilmember Larry Marcott Councilmember Klaus Seeger City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem Richard Tetens. Others in attendance: Deputy City Manager Alan Mueller; Police Chief J.C. Doyle. PURPOSE OF HEARING - TO GATHER PUBLIC COMMENT AND TESTIMONY REGARDING THE MAGNOLIA AND BAILEY ROAD PROJECTS. Mr. Bill Eisen, City Manager. Bill Eisen, City Manager, stated Greg Hester and Jim Keller, with Turner, Collie & Braden, would give an overview of the projects. Mr. Eisen stated that many people had come early to the open house to review the maps Turner, Collie & Braden had provided. Mr. Eisen briefly explained the Magnolia Road and the Bailey Road projects. Greg Hester, Turner, Collie & Braden, stated the Bailey Project is one of the projects defined. Mr. Hester stated the process gone through is evaluating projects by doing environmental studies, hydrology studies, preliminary cost estimates, and the like. He stated the studies began on the Bailey project. He stated the hydrology study indicated a cost of approximately $33 million just for drainage, and the money set-up for drainage is only $11 — $12 million. He stated there was a substantial amount of money required to do the Bailey Project. The drainage is a problem because south of CR101, there is substantial flooding, and the ditch for Bailey is Cowarts Creek, which receives the water for that area's flooding. Mr. Hester stated this information was presented to Council along with an alternative to the Bailey Project, being the Magnolia Project, to be another east to west major thoroughfare to relieve traffic. He also stated they have done preliminary cost and fatal -flaw investigations to determine whether the Magnolia Project would turn out the same as the Bailey Project. He stated they have not found the fatal - Page 1 of 7 - 7/28/2003 flaw. The drainage will accommodate the Magnolia Project, and they have not found environmental restraints that cannot be handled. CITIZEN COMMENTS John Gorman, 3612 Parkside Drive, addressed Council and stated in June 2003 the City of Pearland decided to scrap the Bailey Project for Magnolia Road because of drainage problems. He stated a group of Magnolia Road citizens got together to discuss and prepare their concerns for this project. Their concerns are the process of planning and initial engineering failed to identify the drainage issues early enough, potentially wasting millions of tax dollars. He stated the process of communication and decision making leading to the switch from Bailey to Magnolia has been managed hastily, irresponsibly, and without consideration of other strategic project funding options. Also, quality of life, the safety of the children, noise pollution, resident privacy, potential destruction of property value, and impact on the environment are ahead. Flooding problems already exist, and the amount of concrete could exasperate the problem. He stated the switch of the thoroughfare determines a review to ensure the project aligns with the vision of the future of the City. Jarod Jenson, 3409 Lindhaven Drive, addressed Council and stated he represents a group of citizens with concerns regarding the Magnolia-Southfork Project. Their concerns are the past management of the Bailey Road Project, the advertisement of the bond issue, and the process being used to switch the project from Bailey to Magnolia- Southfork. He stated the Bailey Project has received one year's time in engineering efforts and the cost exceeding $1 million of taxpayers' money. The design decision for the project was based upon hypothesis and there may be stronger factors, maybe political. Time should be taken to evaluate all projects in their entirety to avoid unnecessary waste of taxpayers' money. Mr. Jenson also stated they are concerned with the way the mobility bond was represented, sold, and marketed to the voters. Bailey Road was the main focus and Magnolia would entail a simple overpass. He further stated they have newspapers and information pertaining to the bond issue. There are concerns about the lack of communication about the project. In closing, he requested the issue be tabled. Rich Cristiano, 3404 Parkside Drive, addressed Council and stated the main concerns for moving the project from Bailey Road to Magnolia Road was flooding and drainage problems. He presented Council with a handout. The flooding problems the Ryan Acres Subdivision has, could potentially have problems like Corrigan South, if the project is moved to Magnolia Road. Charlie McMurrey, 5209 Spring Branch Drive, addressed Council and stated they voted Page 2 of 7 - 7/28/2003 on the Bailey Road Project, not on the Magnolia Road Project. He stated the school was built because Bailey Road was going to be a multi -lane road with an overpass built over the railroad tracks. He previously addressed Council about the road problems and to get the County to have a bond election to help with the Bailey Road Project. He also stated the license plate registration is at the minimum and it should possibly be changed to add revenue for road projects. He stated other roads should also be considered. Isaac Irby, 3512 Parkside Drive, addressed Council and read an excerpt from Pearland's 2020 Vision statement. He stated his concerns being safety, noise, crime, privacy, and potential declining property value. He expressed his concerns regarding safety.and the children in the neighborhood, including the safety of the children riding the bus to and from school. The noise issues, comparing the expected noise to the West Oaks WI Subdivision. Criminal activity could become more probable due to the access to a major thoroughfare, and stated the road would be approximately 20 feet from some of the houses front doors. He requested Council to consider these concerns of the residents. Molly Burkett, 3413 Lindhaven Drive, addressed Council and stated the City does need more major thoroughfares, but is concerned with the hasty decision-making. She stated there is some questions she would like to see addressed regarding this project, one being the necessity of additional east -west roads once Pearland Parkway connects to Beltway 8. She expressed her concerns regarding hazardous cargo through the neighborhoods, the number of trees to be cut, and the number of homes possibly destroyed to construct the Magnolia Road Project. In closing, Ms. Burkett requested the project be tabled. Kevin Granhold, 3507 Lindhaven Drive, addressed Council and stated he would like to express his concern for the proposed Magnolia Road Expansion Project. He referred to the mobility bond issue and Bailey Road. Mr. Granhold then addressed the amount of money used on the Bailey Road project and his concerns regarding the changes currently being made to the proposed projects. He is very concerned about the lack of accountability, responsibility, and mismanagement of the funds for the projects. He asked what would the taxpayer receive for the $1 - $2 million previously spent. He further stated Brazoria County Drainage District was not contacted regarding a request for funding on the projects. In closing, he stated he is concerned that Council is not receiving the information they should receive in order to make an informed decision regarding the projects; City Council has an obligation to complete the 101 Bailey Road Project. Sherry Fulgham, 5405 Magnolia Street, addressed Council and stated she is here to represent the neighbors of her community. Her community is against Magnolia Street replacing Bailey Road as a major thoroughfare. Ms. Fulgham stated she has a petition Page 3 of 7 - 7/28/2003 signed by the area homeowners who would be affected by the possible change and gave a brief history of the activities that take place on the dead end street, Magnolia Road. She stated the major thoroughfare would take away the reasons for moving to the area. In closing, she stated some of the concerns of the residents are flooding, traffic, and noise. Jake Malak, 3621 Sunset Meadow (Weatherford International), addressed Council and stated he is representing Weatherford International and their commercial properties located at 3808 and 3810 Magnolia. He stated this project would take away 87 of the properties parking spaces. The spaces could be replaced, but only during construction of the project. Mr. Malak stated he has concerns about the flow of traffic after the project has been completed. Their company is dependent daily upon vehicles coming in and out to load and unload. Meta Kirby, 17020 Berry Road, addressed Council and stated she lives in Britain Acres located in the extraterritorial jurisdiction and -understands the concerns of the residents surrounding Magnolia Road. She stated the Britain Acres residents are not against the Magnolia Road residents at all, but did not want Bailey Road to become a major thoroughfare. She stated the Bailey Road Project should be a dead issue because of the costs and drainage problems. Ms. Kirby gave a brief summary of the Bailey Road Study. Her area currently has flooding problems. There are other alternatives to the Bailey Road Project that have not been explored. She stated Magnolia Road would be an option for the Bailey Road Project. Paul Hanks, 3114 Amberson Drive (Silverlake), addressed Council and stated he was shocked to hear that a major thoroughfare was proposed for his area. He stated the proposed road would not alleviate traffic because it was not designed to be a major thoroughfare. Mr. Hanks asked Council to take a little more time on evaluating the proposed project, and get more input from the residents of Silverlake. Debbie Sandstrom, 5329 Magnolia, addressed Council and stated she has listened very carefully to the statements of the citizens, and she hears a group of people who moved here for the small town qualities and beauty of their locations. She stated the people are disappointed. The Bailey and Magnolia Road Projects would be 24 feet from her foundation. Ms. Sandstrom stated the current attempt would produce fast traffic from East to West. In closing, she stated please realize the feelings and concerns of the citizens, and it is not necessary for the people to be packed in. Karen Webster, 4147 South Weber Drive (Silverlake), addressed Council and stated she also just received information about the proposed projects. She stated her family chose Silverlake as their home because of the master planned community with parks, pools, Page 4 of 7 - 7/28/2003 and schools within a safe and enjoyable walk from their home. Her family has been very pleased with the decision of moving to Silverlake. The project threatens to compromise all the things they currently enjoy in their community. Increase of traffic in the neighborhood would bisect the subdivision and separate the residents from the amenities they currently enjoy sharing. There is no bus service for children attending school in the area, and it would not be safe for the kids to walk or bicycle to school if the project takes place. She encourages Council to consider the increase in crime that would take place also because of the project. Ms. Webster stated the community of Silverlake would not be in favor of this proposed project. Kim Garza, 2711 Pickering Court (Silverlake), addressed Council and stated she did not know about the proposed project until 5:15 p.m. today. She asked Council to consider the impact the project would have on the residents of Silverlake. Jesse Bauman, 3418 Herbert Drive, addressed Council and stated his area was annexed in 1998. He stated the construction of the Bailey Road Project would directly affect his community. The bond election was for specific projects. He stated how could either of the roads, Bailey and Magnolia, be considered without addressing flood concerns. The citizens have the right to know who owns and who is going to profit by the Bailey Road and Magnolia Road Project. The developers will not stop developing until all the green in Pearland is covered with concrete. He asked Council not to make a bad situation worst. The citizens of Pearland deserve to know the truth behind the developing of these proposed projects. Chris Bosella, 3103 Sunscreen Court (Silverlake), addressed Council and stated he also just received information regarding the proposed projects. He stated he wanted to stress the implications this has on the neighborhood. Sondra Jackson, 3311 Lawson Drive (Silverlake), addressed Council and stated she agrees with all the citizens. She stated that if the projects continue, she suggests that the Southfork name is also attached to the Magnolia Road Project. She stated this will ensure the newer residents are aware of the proposed project. Robert Huff, 3405 Huisache Court, addressed Council and stated he recently was given the information regarding the proposed projects. He purchased his home two years ago and now with the proposed project he would lose a portion of his land, and property value would be raised. He understands he is not the only person facing this problem, however, he is very concerned. Michael Klaus, 5016 Groveton, addressed Council and stated he would like to comment on the hazardous cargo traveling on the proposed thoroughfares. He stated the Police Page 5 of 7 - 7/28/2003 Department is currently located in an area near railroad tracks were hazardous waste is transported. He has attended City Council Meetings since September 2001, and has noticed throughout the projects the developers are benefiting. In closing, Mr. Klaus stated he is still looking for the drainage plan for Pearland from the City. Tom . Pool, 2720 Country Club Drive, addressed Council and stated he has lived in Pearland for 'ten years. Mr. Pool stated he appreciates what the City has done by attempting to locate other ways to extend to Hwy 288, and asked Council to study the proposed projects more and act on what is best for the City of Pearland. Randy Patro, 5510 Magnolia, addressed Council and stated he thinks all the information needed has not been given to Council to move forward with the projects. He further stated his concerns regarding an earlier Council workshop. Mr. Patro stated during the workshop the availability of funds was mentioned regarding the projects and this is a concern. Johnny Rodriguez, Pearland Citizen (Rivermist), addressed Council and stated he hears a lot of noise due to traffic on Hwy 35. He stated his back yard is located near John Lizer Street. Mr. Rodriguez stated a lot of traffic is in his neighborhood. He further stated the project is not a good ideal, and he thinks the true problem needs to be fixed correctly. Bob Wilkerson, 3042 Newbrook Drive (Silverlake), addressed Council and stated his concern is traffic and its control. He stated the proposed projects would cause commercial traffic, and this traffic would go through residential communities at a higher rate of speed. Currently people are running stop signs and disobeying traffic laws. He stated officers are not in place controlling this problem. Mr. Wilkerson further stated he understands the concerns of the people regarding flooding and further discussions should take place regarding the issues. Rob Holland, 3418 Overdale (Silverlake), addressed Council and stated there is an artery along FM 518 that connects commercial establishments all across Pearland. He stated the sensible place to put an outlet from Hwy 35 to Hwy 288 would be a location that is sparsely populated, not through the heart of neighborhoods. Mayor Reid stated this is an issue that affects a lot of people and he appreciates the comments and ideas of the citizens. He stated they will be taken into consideration. COUNCIL/STAFF DISCUSSION ADJOURNMENT Page 6 of 7 - 7/28/2003 Meeting was adjourned at 7:15 p.m. Minutes approved as submitted and/or corrected this 25th day of August , A.D., 2003_ ATTEST: .'eretary .' Tom Reid Mayor Page 7 of 7 - 7/28/2003