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2005-08-22 CITY COUNCIL PUBLIC HEARING MEETING MINUTESMINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 22, 2005, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the public hearing to order at 7:35 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Kevin Cole Richard Tetens Woody Owens Larry Marcott Charles Viktorin Bill Eisen Darrin Coker Young Lorfing Others in attendance: Executive Director of Community Services Nick Finan; Executive Director Economic Development Corporation Fred Welch; City Engineer Doug Kneupper; Public Works Director Jerry Burns; EMS Director Jeff Sundseth and Project Director Joe Wertz. PURPOSE OF HEARING — ABANDONMENT OF UNUSED STREET RIGHT-OF-WAY (WHITE ROAD), LOCATED NEAR THE INTERSECTION OF BELTWAY 8 AND ALMEDA SCHOOL ROAD. Mr. Darrin Coker, City Attorney. STAFF REVIEW Darrin Coker City Attorney stated at the August 15, 2005 Joint Public Hearings with the Planning and Zoning Commission, Mr. Tim Stovall was an applicant for a Planned Unit Development. Mr. Stovall wants to expand his property and is requesting the abandonment of the White Road right-of-way, which is currently undeveloped with no utilities. Mr. Stovall would like to move the entrance to his property to the area where the right-of-way is. He is aware if the right-of-way is abandoned, the City will have to be compensated for abandoning it. CITIZEN COMMENTS Tim Stovall addressed Council and stated he is not looking to expand his property at this point. He is trying to bring the property up to conforming status. The driveway is currently 85 to 90 feet away from the Almeda School Road and the Beltway 8 intersection. In order to be in full compliance, the property needs to be 350 feet from the Page 1 of 2 — 8/22/2005 intersection. If the White Road abandonment took place that would put him at least 225 feet from the intersection. Mr. Stovall stated he is giving the City some considerations in exchange for the White Road abandonment. The road needs to be at least 60 feet wide in order to be safe and useful. In closing, Mr. Stovall stated he is not trying to take this on himself; instead he is just trying to meet the requirements of the City. Doug Oldfield, 29014 Missy Oaks Drive, addressed Council and stated his family has owned this property for 35 years and has been paying taxes for 35 years as well. After his parents passed away, the property was given to the four children through a limited partnership. He has been waiting to develop it because the property does not have water. He also stated that with this abandonment, he would be able to comply with the City's requirements. He would like to see the White Road right-of-way abandoned. In the future he plans to put the property to use by some type of distribution building visible from Beltway 8. He asked that the City grant the family the property and let them put it to good use. COUNCIL/STAFF DISCUSSION Darrin Coker City Attorney stated that if the property is abandoned, the City then does have the ability to convey it to the adjacent property owners. Currently, Mr. Oilfield has access to Beltway 8, but if the White Road property was abandoned, the portion adjacent to Mr. Stovall's property would become his. Mr. Oldfield would need to have some kind of agreement with Mr. Stovall to have access to his part of the property. Also, the road would have to be built within the City's regulations. Mr. Coker stated the City would have to receive some type of compensation for the abandonment and would not be able to just give the property away. He stated this item will be on the next Regular City Council Meeting for consideration in the form of an ordinance. ADJOURNMENT Public Hearing was adjourned at 7:50 p.m. Minutes approved as submitted and/or corrected this the 10th day of October, A.D., 2005. Tom Reid, Mayor Page 2 of 2 — 8/22/2005