Loading...
2004-06-07 CITY COUNCIL PUBLIC HEARING MEETING MINUTESMINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 7, 2004, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Charles Viktorin Richard Tetens Woody Owens Larry Marcott Kevin Cole 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; Interim Parks & Recreation Director Greg Moore; Parks Superintendent Michelle Dunn. PURPOSE OF HEARING — PROPOSED LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN RELATING TO POSSIBLE ADOPTION OF IMPACT FEES. CONSIDER THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN UNDER WHICH IMPACT FEES MAY BE IMPOSED FOR ROADWAY IMPROVEMENTS WITHIN THE CITY LIMITS, IN ACCORDANCE WITH CHAPTER 395, TEXAS LOCAL GOVERNMENT CODE. Mr. Alan Mueller, Deputy City Manager. STAFF REVIEW OF THE SERVICE PLAN Deputy City Manager Alan Mueller stated a presentation would be given shortly by Butch Babineaux, Jr. giving an update on the study and background information on the Land Use Assumptions in the Capital Improvement Plan. Several workshops have taken place regarding the topic and it has been worked on for several months. The Planning and Zoning Commission has made their recommendation. The Public Hearing is specifically on the Land Use Assumptions and the Capital Improvement Plan portion of the study. A separate hearing on July 19, 2004, will take place regarding the actual fee that will be proposed. Based on feedback from this meeting, on June 14, Council will be requested to act upon adopting the Land Use Assumptions and the Capital Improvement Plan. The Ordinance is scheduled for the first reading on July 26, 2004, and the second and final reading on August 9, 2004. Page 1 of 4 — 6/7/2004 Butch Babineaux of Wilbur Smith Associates stated the public hearing is regarding the Land Use Assumptions and Capital Improvement Plan for the Roadway Impact Fee. A ten-year projection of land use has been established for the determination of the Impact Fee. Based on the ten-year projection, a Capital Improvement Plan has also been established. Other programs can be utilized -to help in the funding of roadway projects. This impact fee can only be assessed within the City Limits of Pearland. The fees can only be applied to roadways that are on the City's Thoroughfare Plan. Phase One has been completed. Pearland has the right ingredients for using the Impact Fee; there are prospects for continued growth in the area. The City of Pearland has the capability and experience in administering impact fees. Six steps were used to determine the Impact Fee. Mr. Babineaux explained the first five steps that have been used: designate service areas within the City, prepare Land Use Assumptions, assess the ten-year roadway capacity needs associated with the additional traffic generated by the development, develop a ten-year Capital Improvement Plan, and estimate total cost for the highway improvements included in the Capital Improvement Plan for the impact fee. A presentation will take place on July 19, 2004, regarding the maximum fees calculated by service area. The City of Pearland was broken into eight surface areas. By law, the service area cannot be more than six miles in any dimension. He gave a brief explanation of the service areas regarding future development and growth. Mr. Babineaux also discussed the ten-year Capital Improvement Plan, covering future improvements, construction, and extensions. He further stated that the total cost for the ten-year Capital Improvement Projects is approximately $162,000,000. CITIZEN COMMENTS Michael Klaus, 5016 Groveton, addressed Council and stated he has concerns regarding the ten-year horizon on the plan. Land Use in some areas could change due to road construction. He would like to also see drainage problems addressed in the Plan. He asked that all the costs be addressed in the Plan and allow changes within the fee structure. COUNCIUSTAFF DISCUSSION Councilmember Marcott asked Butch Babineaux of Wilbur Smith Associates to cover a portion of the information given to Planning & Zoning regarding the bond projects. Butch Babineaux of Wilbur Smith Associates stated a full Capital Improvement Plan and a reduced Capital Improvement Plan was completed in an earlier version of the report. Originally all potential eligible highway improvements were considered. Even though bonds have been issued for ten to twelve projects, those can still be considered as part Page 2 of 4 — 6/7/2004 of the Capital Improvement Plan for the project. The Planning and Zoning Commission, serving as the Capital Advisory Committee, which is required by statute for this type of program, felt it would be good to keep the plan simple. Councilmember Marcott asked for the cost associated with the plan. A brief discussion ensued among Council, Staff, and Butch Babineaux regarding the Impact Fee, Land Use Assumptions, and new improvements in Pearland. Deputy City Manager Alan Mueller stated in three years the Land Use Assumptions, Water & Sewer, and Road Impact fees should be updated. Councilmember Cole stated his concerns regarding Area Six service area. He stated the current zoning map does not show 2.6 million square feet of commercial zoning available in that area. Deputy City Manager Alan Mueller stated projections were determined based on the vacant property against the future land use map, as well as market projections. Not all projections will be hit 100%. He stated on the water & sewer impact fees, the City has consistently outpaced the projections that have been shown as a whole. Deputy City Manager Alan Mueller stated development .already platted prior to the effective date will be exempt. Preliminary platted development will be exempt for one year. The impact fees can be collected after the effective date at the time of the building permit issuance. Mayor Pro -Tem Viktorin asked if an existing business wants to do expansion after the effective day would the impact fee apply to them. Deputy City Manager Alan Mueller stated any development over 1000 square feet would fall under the impact fee charge. Executive Director of Community Services Tobin Maples stated no charges would apply to existing development due to ownership change, unless the use changes. Discussion ensued among Council and Staff regarding the state law requirement of a ten-year study of the plan period with an update every five years, and the impact fee for certain developments. Page 3 of 4 - 6/7/2004 Councilmember Cole stated his concerns regarding the impact fee amounts, stating that some developments would have a high amount to pay in impact fees. He is concerned regarding some of the statements in the plan. Mayor Reid stated the impact fees are designed to help some of the impact to the area due to the new development. Councilmember Cole stated there are differences between the impact fees of residential and commercial. Commercial development is needed in the City. Certain cities are able to exempt some developments from the charge of the impact fee. He asked Council to look at a way to help the commercial development come into the City. Additional discussion ensued among Council regarding the Roadway Impact Fees. Deputy City Manager Alan Mueller stated there have been some cases in the past where developers were responsible for costs associated with the construction of roads adjacent to development. The City has been involved in some recent court cases because the developers have not upheld the validity of paying those costs. This is one reason why the City is moving towards Roadway Impact Fees. Kim Mickleson of Olson & Olson stated after the City has adopted the roadway impact fees, there are certain ways for the City to adopt waivers or exemptions from those fees. Some cities exempt schools or other governmental entities. Some cities also allow Council to make a determination for certain economic development goals. ADJOURNMENT Meeting was adjourned at 7:55 p.m. Minutes approved as submitted and/or corrected this the 28th day of June , A.D., 2004. Tom Reid ATTEST: Mayor Page 4 of 4 — 6/7/2004