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2003-10-27 CITY COUNCIL PUBLIC HEARING MEETING MINUTES - SPA/MUD NO. 16MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 27, 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 Tom Reid Mayor Pro -Tem Richard Tetens Councilmember Woody Owens Councilmember Charles Viktorin Councilmember Larry Marcott Councilmember Klaus Seeger City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing 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 Doug Kneupper; Planning Manager of Community Development Lata Krishnarao. 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 is the second of two Public Hearings for a Strategic Partnership Agreement and Sales Tax Agreement between the City of Pearland and Brazoria County Municipal Utility District No. 16. The Municipal Utility District consists of approximately 250 acres. Some of this land has been developed. There are approximately 29 acres in the City Limits. The developer is asking that these 29 acres be disannexed from the City in order to be annexed into Municipal Utility District No. 16. The City would purchase 65 acres from the Municipal Utility District and utilize it for drainage and park land. 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. One of the previous issues from Council was regarding signage. Page 1 of 3 — 10/27/2003 He stated a change has been made in the agreement in order to cover the issues regarding signage. The developer has agreed to abide by the City's sign regulations. 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. He stated a change has been made regarding the purchase of detention. The owner would be able to purchase detention for 10 years following the effective date of this agreement, such buy -in fee will not exceed an increase of 10% over the current buy in fee of $7,500 per acre fee. There will be no multi -family developments allowed within the Municipal Utility District or on commercial property. He stated this is the second of two required Public Hearings, and the item has been placed on tonight's agenda for consideration. Municipal Utility District No. 16 has adopted the agreement. The changes made in the agreement were minimal and not substantive or major, and as a result, Municipal Utility District No. 16 would not have to adopt the agreement again. Following the adoption of the agreement, the City Council will entertain a petition from Municipal Utility District No. 16 to disannex the 29 acres. Once the property has been disannexed by the City, Municipal Utility District No. 16 will annex the property. CITIZEN COMMENTS None COUNCIUSTAFF DISCUSSION Councilmember Owens asked about the time period given to the City in order to purchase the 65 acres of detention from the property owner. City Manager, Bill Eisen, stated funding from the Certificates of Obligation issuance would be available to purchase the property after the agreement has been adopted. City Attorney, Darrin Coker, stated the agreement states the 65 acres would need to be purchased within 90 days of the effective date of the agreement. Deputy City Manager, Alan Mueller, stated there is enough funding to purchase the property. The funds are part of the Certificates of Obligation Program, which funds road and drainage projects. Councilmember Marcott asked about the extension of Stone Road South. Page 2 of 3 —10/27/2003 Deputy City Manager, Alan Mueller, stated the extension of Stone Road South is not currently on the thoroughfare plan. The right of way is occupied by a ditch, and there would be some challenges involved in extending this road. ADJOURNMENT Meeting was adjourned at 6:55 p.m. Minutes approved as submitted and/or corrected this the 10th day of November , A.D., 2003. ATTEST: Y ng Lo ng, T MC i Sec tary Tom Reid Mayor Page 3 of 3 — 10/27/2003 THIS PAGE LEFT INTENTIONALLY BLANK