2003-10-13 CITY COUNCIL PUBLIC HEARING MEETING MINUTES - DISANNEXATIONMINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON OCTOBER 13, 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
City Manager
City Attorney
City Secretary
Absent: Councilmember Klaus Seeger.
Tom Reid
Richard Tetens
Woody Owens
Larry Marcott
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Marketing Manager of P.E.D.C. Will Benson; City
Engineer Doug Kneupper; Project Director Joe Wertz; Planning Manager of Community
Development Lata Krishnarao.
PURPOSE OF HEARING — DISANNEXATION OF A TRACT OF LAND CONTAINING
5.1719 ACRES OF LAND LOCATED IN THE T.C.R.R. CO. SURVEY, ABSTRACT 675
IN BRAZORIA COUNTY, TEXAS. Mr. Darrin Coker, City Attorney.
STAFF REVIEW OF PROPOSED BUDGET
City Manager, Bill Eisen, stated this issue was part of a recent agenda in which an
agreement was approved for disannexation. This would provide for Payment in Lieu of
Taxes Agreement with the property owner, thereby allowing the City to collect a portion
of the ad valorem taxes that otherwise would have been forfeited during the time the
property is outside the city limits.
City Attorney, Darrin Coker, stated this is a procedural requirement before the property
is disannexed from the City. He stated after this Public Hearing, the first reading of an
Ordinance disannexing the property would be read during the Regular Council Meeting
for tonight. Mr. Coker stated the reading would be the first of two readings. He stated
the property is the 5+ acre tract located on the Northeast corner of FM 518 and SH 288.
The purpose of the Public Hearing is to hear testimony regarding the disannexation of
the property.
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CITIZEN COMMENTS
Gerald Bare, 4005 Manvel Road, addressed Council and stated he opposes the
disannexation based on the grounds of other citizens who wish to be disannexed from
the City. He stated his concern is regarding a commercial enterprise having the ability
to be disannexed. He feels it is discrimination against the citizens of Pearland. Mr.
Bare stated everyone should have the opportunity to be disannexed from the City and
gave his opinion regarding the 13th Amendment.
COUNCIUSTAFF DISCUSSION
City Manager, Bill Eisen, stated the property request for disannexation was made in
order for the property to be annexed into Municipal Utility District No. 6 for use of area
utilities. He stated Municipal Utility District No. 6 will be annexed into the City in the
future, and this property would be part of that annexation.
Mayor Reid stated the only way for the property owner to have utilities is to be annexed
into Municipal Utility District No. 6.
City Manager, Bill Eisen, stated the agreement regarding taxes has already been
approved. During the first two years that the property is outside the city limits, the
property owner would pay taxes equal to 45% of what would have been paid if the
property stayed within the city limits. The duration of time outside the city limits, the
property owner would pay 50% of what would have been paid if the property stayed
within the city limits. This tax amount would continue until the property is annexed back
into the City.
Councilmember Viktorin asked if the City would collect sales tax from the businesses
located on this property.
City Manager, Bill Eisen, stated the proposed commercial development will be located
within the boundaries of Municipal Utility District No. 6. The City will collect sales taxes,
and the property must be developed in a manner that is consistent with Silver Lake's
guidelines.
Councilmember Marcott stated his concern regarding the CVS Drugstore sign and the
Wal-Mart sign. He stated these two businesses are not following the City's sign
Ordinance. He stated he understands the businesses are currently outside the city
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limits, and would be annexed in the future. He stated Municipal Utility District No. 6
should adopt the City's sign Ordinance.
City Manager, Bill Eisen, stated Municipal Utility Districts do not have authority to make
an Ordinance. He stated Municipal Utility Districts,could not regulate signage. There is
a passibility for the developers to accept the City's sign Ordinance.
City Attorney, Darrin Coker, stated the .City Manager is correct. He stated land use is
usually regulated in Municipal Utility Districts through deed restrictions. He stated a
developer could voluntarily place deed restrictions and this is something that would
need to be discussed with the developer.
Councilmember Marcott stated he would like for this to happen. He stated the big signs
in the air are noticeable, and the City is trying to become uniformed throughout the City.
Mayor Reid stated this could be further discussed during a workshop.
A brief discussion ensued among Council and Staff regarding new developers utilizing
the City's sign Ordinance and the final vote for the current property being disannexed.
ADJOURNMENT
Meeting was adjourned at 6:41 p.m.
Minutes approved as submitted and/or corrected this the 27th day of October ,
A.D., 2003.
P C�
Tom Reid
Mayor
ATTEST:
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