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2005-10-17 CITY COUNCIL PUBLIC HEARING MEETING MINUTESMINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 17, 2005, AT 6:30 P.M., IN THE PEARLAND CENTER AUDITORIUM, 2319 NORTH GRAND BOULEVARD, PEARLAND,TEXAS. Mayor Reid called the meeting to order at 6:30 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Absent: Councilmember Richard Tetens Tom Reid Kevin Cole Woody Owens Larry Marcott Position No.3 Vacant Bill Eisen Darrin Coker Young Lorfing Others in attendance: Executive Director of Economic Development Corporation Fred Welch; Fire Chief Paul Jamison; City Engineer Doug Kneupper; Planning Director of Community Development Lata Krishnarao and Senior Planner Theresa Grahmann. PURPOSE OF HEARING — PROPOSED FRONTAGE ROADS ALONG THE EAST AND WEST SIDES OF STATE HIGHWAY 288, EXTENDING FROM MCHARD ROAD/SHADOW CREEK PARKWAY TO FM 518/BROADWAY STREET. Mr. Bill Eisen, City Manager. STAFF REVIEW OF THE PROPOSED FRONTAGE ROADS. City Manager Bill Eisen stated that the purpose of this hearing is for Lynn Spencer, a representative for HGAC to conduct a Public Hearing to inform the jurisdiction of the improvements being made by TxDOT. The improvements will be made to the frontage roads on FM 288 to include the section from McHard Road/Shadow Creek Parkway to FM 518. Lynn Spencer with HGAC gave a brief presentation on the proposed frontage road project. CITIZEN COMMENTS None Page 1 of 2 — 10/17/2005 COUNCIL/STAFF DISCUSSION Mayor Pro -Tem Cole asked that the funding for the project be explained. City Manager Bill Eisen stated that the funding would be split with 50 percent coming from Brazoria County and the other 50 percent would be federal funding. Lynn Spencer stated that this project would be part of the Transportation Improvement Program, which receives funding from various sources. Councilmember Marcott thanked HGAC for this project. ADJOURNMENT Meeting was adjourned at 6:45 p.m. Minutes approved as submitted and/or corrected this the 28th day of November, A.D., 2005. ATTEST: Tom Reid Mayor Page 2 of 2 — 10/17/2005 MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 17, 2005, AT 6:30 P.M., IN THE PEARLAND CENTER AUDITORIUM, 2319 NORTH GRAND BOULEVARD, PEARLAND,TEXAS. Mayor Reid called the meeting to order at 6:45 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Absent: Councilmember Richard Tetens Tom Reid Kevin Cole Woody Owens Larry Marcott Position No. 3 Vacant Bill Eisen Darrin Coker Young Lorfing Others in attendance: Executive Director of Economic Development Corporation Fred Welch; Fire Chief Paul Jamison; City Engineer Doug Kneupper; Planning Manager of Community Development Lata Krishnarao and Senior Planner Theresa Grahmann. PURPOSE OF HEARING — OLD TOWN DOWNTOWN DEVELOPMENT DISTRICT PLAN. A REQUEST BY THE CITY OF PEARLAND, FOR APPROVAL OF THE OVERALL DEVELOPMENT PLAN FOR THE OLD TOWN DOWNTOWN DISTRICT. Mr. Nick Finan, Executive Director of Community Services. STAFF REVIEW OF OLD TOWN DOWNTOWN DEVELOPMENT DISTRICT PLAN. Director of Community Services Nick Finan stated this meeting is a question and answer session for the community and also a discussion of the proposed plans. John Hoal, a representative with H3 Studio, along with Rick Beverlin of The Goodman Corporation, gave presentations on the Old Townsite Downtown Development District Plan. CITIZEN COMMENTS Larry Loessin owner of Pearland Lumber Company addressed Council and stated he is supportive of the plan but not to the extent that he sees the plan developing. He stated he has concerns about the drainage and how it pertains to where his Lumber Company sits and would like to see alternatives as to where the drainage can be directed. Page 1 of 3 — 10/17/2005 Michael Klaus, 5016 Groveton, addressed Council and stated the information being presented tonight was supposed to be on the City website several days ago but was just put up that day so any comments he is making are based on the information that he has heard at the meeting that night. He stated that both the City and the State are wanting different things done with the FM 518 Corridor Study but both should be working together to do the same thing. Fire Chief Paul Jamison addressed Council and stated the Fire Training Facility was not part of the original Old Townsite plan but now is through the proposed plan. Approximately one year ago, a moratorium was placed on all of the Fire Department's projects because of the potential development and the impact there would be in that area. The area the facility is in is zoned for industrial use, which is why it was selected. The City owned the area but unfortunately Council chose to re -zone the area for residential which facilitates the improvement for this planned development. Several thousands of dollars from City tax dollars and citizen donations have been received for the use of improvements to the structures and sites already in the area. In addition, thousands of man-hours have been put into the area by volunteers in the planning, design and preliminary background work to improve the area. Chief Jamison asked that the moratorium be lifted so that the Fire Department can proceed with the additional improvements for a Fire Training Facility. Delores Fenwick, 1910 Washington Irving, addressed Council and stated she is representing First United Methodist Church. A concern for the church is the parking situation on Grand Boulevard. She stated that as long as parking is going to be maintained, then the church will be happy. Sheryl Greiner, 2607 Rip Van Winkle, addressed Council and stated she fully supports the plan for the Old Town Site. She served on the committee for the plan and mentioned the funding for the project. COUNCIL/STAFF DISCUSSION City Attorney Darrin Coker stated he had the opportunity to visit with Mr. Loessin regarding his concerns on whether or not the City's designation of his property would constitute regulatory taking or inverse condemnation. He stated the adoption of this plan may rise to the level of what is considered an inverse condemnation. The whole concept of inverse condemnation is one where it would actually render another person's property valueless and as a result, the City would have to compensate the property owner the fair market value for their property. In this particular case this is a plan, not an actual regulation that would be in place, just simply a plan at this time and a factor that the individuals may consider. There are copies of the proposed plan in the Library and the City Secretary's Office. Page 2 of 3 — 10/17/2005 Mayor Pro -Tem Cole asked about the overall drainage plans and wanted to know when and how the drainage plans will work. Executive Director of Community Services Nick Finan stated that City staff had worked together on the drainage plan to satisfy the various drainage needs for the proposed plan. Rick Beverline with The Goodman Corporation stated an analysis was not done of what the differences would be in the drainage plans; different scenarios would need to be looked at and would take time to complete. In terms of the improvements, there are some examples in our region; some of which were given. He also stated parking along Grand Boulevard will remain the same. City Manager Bill Eisen stated a tentative date for a Workshop has been set for November 7, 2005, to discuss this project further. Councilmember Marcott stated it is not the City's intention to take any property for this project. ADJOURNMENT Meeting was adjourned at 8:20 p.m. Minutes approved as submitted and/or corrected this the 281h day of November, A.D., 2005. Tom Reid Mayor Page 3 of 3 — 10/17/2005 THIS PAGE LEFT BLANK INTENTIONALLY