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2004-11-01 CITY COUNCIL PUBLIC HEARING MEETING MINUTES-- MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 1, 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 Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Richard Tetens Woody Owens Larry Marcott Kevin Cole Bill Eisen Darrin Coker Young Lorfing Absent: Councilmember Charles Viktorin. Others in attendance: Deputy City Manager Alan Mueller. PURPOSE OF HEARING — DISANNEXATION OF APPROXIMATELY 4.981 ACRES BEING PART OF THE J. S. TALMAGE SURVEY NO. 76 ABSTRACT NO. 562, BRAZORIA COUNTY, TEXAS. Mr. Darrin Coker, City Attorney. STAFF REVIEW City Attorney Darrin Coker stated, as indicated on the agenda and background information sheet, the City is party to an agreement with Grand Valley Homes and Southwood Estates, which is located near CR 48, CR 58, and the Hwy 6 area. The agreement originated because the City had a Certificate of Convenience and Necessity (CCN), but did not have the capacity to serve individuals in that area with water service. Southwood Estates would be willing to allow dual certification in that area in order to provide water to a proposed development in that area. A development agreement did take place with Southwood Estates and the developer Grand Valley Homes to memorialize the intent in regards to the development of that property. At the same time, one of the requirements of the agreement involved the City disannexing a portion of the City's 100 -foot strip. Approximately 99 feet will be disannexed in order to avoid the situation of having development partially in and out of the City. To avoid this, the City agreed to disannex the two strips. Page 1 of 3 — 11/1/2004 CITIZEN COMMENTS None COUNCIL/STAFF DISCUSSION Councilmember Marcott stated he understands that Brazoria County has blocked some of the construction. City Attorney Darrin Coker stated he was not aware of this. Councilmember Marcott stated the developer has tried to start install infrastructure on some of the property. City Attorney Darrin Coker stated he is not aware of this and did not know if they could begin the infrastructure without platting. Deputy City Manager Alan Mueller stated if the construction plans were approved, then the developer could start the work without the final plat being approved. Cit Attorney Darrin Coker stated the County has not discussed this issue with him and he is not aware of the problem. Councilmember Marcott asked if this would have any impact on disannexing this property. City Attorney Darrin Coker stated he does not think this would have any impact on the City disannexing the property. This is an obligation the City agreed to, pursuant to the agreement. He stated there are certain things the agreed parties have to do as well that have not been accomplished at this time. These things will need to be accomplished prior to the approval of the final plat. An adoption of the deed restrictions, some sod requirements, and set -back requirements need to take place. The attorney representing the developer stated these things will be completed and he is in the process of working on the deed restrictions. ADJOURNMENT Meeting was adjourned at 6:37 p.m. Page 2 of 3 —11/1/2004 --- Minutes approved as submitted and/or corrected this the 22nd day of November , A.D., 2004. Tom Reid ATTEST: Mayor W"z ""I jng LlWt ��' a r • V,y Page 3 of 3 — 11/l/2004