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2004-09-13 CITY COUNCIL PUBLIC HEARING MEETING MINUTES - ANNEXMINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 13, 2004, 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 City Manager City Attorney City Secretary Tom Reid Charles Viktorin Woody Owens Larry Marcott Kevin Cole Bill Eisen Darrin Coker Young Lorfing Absent: Councilmember Richard Tetens. Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Nick Finan; Executive Director of Economic Development Corporation Fred Welch; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Project Director Joe Wertz; Planner 1 Theresa Grahmann. PURPOSE OF HEARING — PROPOSED ANNEXATION OF APPROXIMATELY 0.859 ACRE (37,398 SQUARE FEET) OF LAND. Approximately 0.859 acre (37,398 square feet) of land located in the H. Levering Survey, Abstract 279, and the S.G. Haynie Survey, Abstract 620 in Fort Bend County, Texas, more particularly being a portion of that certain 60.9712 acre tract conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 1999028628, Official Records of Fort Bend County, Texas (F.B.C.O.P.R.) and File No. 99-015976, Official Records of Brazoria County, Texas (B.C.O.R.), said 0.859 acre (37,398 square feet) being more particularly described by metes and bounds as follows, all bearings referenced to the Texas State Plane Coordinate System, South Central Zone (NAD 27). STAFF REVIEW OF THE SERVICE PLAN Deputy City Manager Alan Mueller stated this property is less than one acre and is located at the corner where Clear Creek cuts across FM 2234 to the east of FM 521. It is a small triangular piece of property. Shadow Creek Ranch thought this property was included in the previous annexation. The plans for the Planned Unit Development and Page 1 of 3 — 9/13/2004 the Municipal District actually reflect that this is in the City. This annexation is a clean- up in order to get this piece of property fully and officially within the City Limits. A copy of the service plan has been given to Council. Because of the small size of the property and it is open space with no particular development use, it is anticipated that all of the Police, Fire, and EMS services would not be impacted. Those services would be provided immediately upon annexation. There is no need for solid waste collection on the property at this time. There are no existing water, waste water, roads, or other public facilities specifically on the property for the City to maintain. This property is included within all the planning for Shadow Creek Ranch. No additional Capital Improvement in reference to this piece of property is anticipated, due to the small size of the property. In regards to water and sewer facilities, there are trunk facilities on Shadow Creek Parkway just to the east of Clear Creek. CITIZEN COMMENTS None COUNCIUSTAFF DISCUSSION Mayor Reid stated that when discussion took place regarding the portion released by the City of Houston into the extraterritorial jurisdiction of Pearland, he understood it to go to the centerline of FM 521 including the filling station. Deputy City Manager Alan Mueller stated the extraterritorial line is actually the east line of FM 521. When the annexation was done for the area, the red line indicated on the pictorial goes to the east along Clear Creek and back west along Shadow Creek Parkway. He stated the filling station itself was not annexed into the City, but it is within the extraterritorial jurisdiction. At the time the annexation was done, the convenient store was very remote from all City facilities. It was not prudent to annex that facility at the time. As Shadow Creek Ranch becomes more developed and there are more City facilities and services available, then it would make sense to go ahead and annex that portion. Councilmember Marcott asked if the City is collecting sales tax from the filling station. Deputy City Manager stated the City should not be collecting from the filling station. The City does not collect sales tax within the extraterritorial jurisdiction unless it is through an agreement. A brief discussion ensued among Council and Staff regarding the annexation of small parcels and zoning. Page 2 of 3 — 9/13/2004 Deputy City Manager Alan Mueller stated one more Public Hearing would be conducted September 20, 2004 for this property. The first and second reading of the Ordinance would take place in October. A brief discussion ensued among Council and Staff regarding the red line on the pictorial. Deputy City Manager Alan Mueller clarified that the red line shifted off the property. The red line should follow the property line. ADJOURNMENT Meeting was adjourned at 7:04 p.m. Minutes approved as submitted and/or corrected this the 27th day of September, A.D., 2004. Tom Reid Mayor ATTEST: Page 3 of 3 — 9/13/2004