2003-10-20 CITY COUNCIL PUBLIC HEARING MEETING MINUTES - MUD NO. 16-- MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON OCTOBER 20, 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
Richard Tetens
Woody Owens
Charles Viktorin
Larry Marcott
Klaus Seeger
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; City Engineer Doug Kneupper; Director of Finance
Mary Ross; Planning Manager of Community Development Lata Krishnarao, Planner 1
Theresa Grahmann.
PURPOSE OF HEARING — TO GATHER PUBLIC COMMENT AND TESTIMONY
REGARDING THE ADOPTION OF A STRATEGIC PARTNERSHIP AGREEMENT AND
A SALES TAX AGREEMENT BETWEEN THE CITY AND BRAZORIA COUNTY
MUNICIPAL DISTRICT NO. 16. Mr. Darrin Coker, City Attorney.
STAFF REVIEW OF PROPOSED — ADOPTION OF A STRATEGIC PARTNERSHIP
AGREEMENT AND A SALES TAX AGREEMENT BETWEEN THE CITY AND
BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 16. Mr. Darrin Coker, City Attorney.
City Attorney, Darrin Coker, stated this Public Hearing is for a Strategic Partnership
Agreement and Sales Tax Agreement between the City of Pearland and Brazoria
County Municipal Utility District No. 16. The developer owns approximately 238 acres
in this area of the Municipal Utility District No. 16. Part of this property, approximately
17 acres, has been developed as Lakeside Estates Section No. 1. The developer also
owns approximately 35-45 acres that currently is located in the city limits. The City
would agree to purchase approximately 65 acres from the developer at $19,000.00 per
acre. This property would be used for detention property and or a park for recreational
purposes. The City in return would agree to disannex the 30 acres that is currently
located in the City with the consent to annex that property into the Municipal Utility
District. The developer would also agree to dedicate half of the right of way for the
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extension of County Road 403 and also be responsible for half of the construction cost.
All commercial retail development within the Municipal Utility District, that would be
disannexed by the City, would be built consistent with all the general business uses
identified in the City's Table of Permitted Uses and Land Use Ordinance. There will be
no multi -family developments allowed within the Municipal Utility District or on
commercial property. The City would be allowed to collect a $4.38 Fire and EMS fee
from the residents of the Municipal Utility District. He stated that completes the
overview of the agreement. During the workshop, the primary concern raised was the
use of the commercial properties being disannexed. The developer has agreed to limit
those uses consistent with general business uses. Another issue was the Payment In
Lieu of Taxes Agreement. He stated that is not addressed in this document. He
recommended the Payment In Lieu of Taxes Agreement be placed on the next agenda,
following the Public Hearings, and be adopted prior to the adoption of the Strategic
Partnership Agreement. The City and developer have included within the agreement
wastewater and water purchase. The Municipal Utility District has held two Public
Hearings and by law is required to adopt the agreement before the City adopts the
agreement.
CITIZEN COMMENTS
William Frost, 1907 Northwood Court, addressed Council and stated he was unaware of
this taking place and had not been informed of the Municipal Utility District Public
Hearings for this agreement. He stated he noticed the item on the agenda while
walking into the building today and is concerned about the communications of this
agreement. He would like to have a better understanding of the development taking
place in this area.
COUNCIL/STAFF DISCUSSION
City Attorney, Darrin Coker, stated he will visit with Mr. Frost and address his questions
and concerns regarding the agreement. He stated there is approximately 65 acres the
City would have the right to develop as detention and as park property. The property is
located South of County Road 403. The property between Cliffstone Road and County
Road 403 would be developed as a single-family residential area. The property to the
South of the City's property, acquired by the City, would also be developed as a single-
family residential area. He stated the size of the lots would be changing, and the
property located on the front near FM 518 would be developed for general business
uses.
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Councilmember Marcott stated he has several concerns. The City's sign Ordinance is
not included in the agreement, and the general business areas would need to match the
sign Ordinance requirements of the City.
City Attorney, Darrin Coker, stated during negotiations, it was discussed for the
commercial uses only and no discussion on the sign uses. That is not incorporated into
the agreement at this time.
Councilmember Marcott stated he feels this needs to be included into the agreement. If
the property were not disannexed, it would have those restrictions on it. The signs need
to be consistent.
City Attorney, Darrin Coker, stated the Municipal Utility District has already adopted the
agreement, and he would need to address Council in order to incorporate that change.
Councilmember Marcott stated the conditions of the road between Max and Stone Road
are atrocious and needs attention. He stated there is room in the acreage provided to
the City for recreational and parking for that area, this should be discussed.
Deputy City Manager, Alan Mueller, stated a concept plan is not together at this time,
but a few years ago in the negotiations, the City was seeking to acquire property just
South of Cliffstone Road. A concept plan was done for that particular property, showing
parking along Max Road at ground level. The soccer fields were below ground level.
This description is given as an ideal.
Councilmember Marcott asked about the 15 feet dimensions allowed for the drainage.
Deputy City Manager, Alan Mueller, stated the 15 feet limitation was put in for the
previous developer. That developer did not want an open standing gravel pit that would
go down 30-50 feet. Since it is known this would be used as a combination facility, 15
feet was picked as a depth. If dirt were excavated from the facility, then a plan would be
put into place regarding this.
City Attorney, Darrin Coker, stated the City is not legally obligated to develop the
property as park property. The City could make efforts within the next 20 years to do
so. Detention would still be a use for the property as well, and it is possible for the
detention to be deeper if needed.
Councilmember Marcott asked if the Parks Department was included on discussions
regarding the schedule for lights shutting off.
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Deputy City Attorney, Alan Mueller, stated those times was determined in the old
agreement by the previous Parks Department Director.
Discussion ensued among Council and Staff regarding the purchase of detention.
City Attorney, Darrin Coker, asked if Council wanted the City to approach the developer
to include sign regulations and excavation limitations in the agreement.
Councilmember Viktorin stated the sign recommendation was excellent and asked
about the time limits on the purchasing of detention from the City.
City Attorney, Darrin Coker, stated if a time limit were put in place regarding payment of
the detention, during the time of expiration, Council and the developer would need to
discuss the issue. He stated the original timeline for this agreement includes another
Public Hearing and the adoption of the agreement on October 27; 2003.
ADJOURNMENT
Meeting was adjourned at 6:50 p.m.
Minutes approved as submitted and/or corrected this the 27t" day of October ,
A.D., 2003.
Tom Reid
Mayor
ATTEST:
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