2006-06-26 CITY COUNCIL PUBLIC HEARING MEETING MINUTESMINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 26, 2006, AT 7:00 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 7:00 p.m. with the following present:
Mayor
Tom Reid
Councilmember
Kevin Cole
Councilmember
Helen Beckman
Councilmember
Felicia Kyle
Councilmember
Steve Saboe
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Mayor Pro -Tem Richard Tetens.
Others in attendance: Public Works Director Danny Cameron; Parks and
Recreation Director Rhonda Cyrus; City Engineer Doug Kneupper; Assistant City
Manager Nick Finan; Assistant City Manager Mike Hodge; Planning Director Lata
Krishnarao; Interim Project Director Jennifer Phan; EMS Director Jeff Sundseth;
Executive Director of Economic Development Corporation Fred Welch; Senior
Planner Theresa Grahmann; Administrative Analyst Chris Kidwell; Assistant
Police Chief Johnny Spires.
PURPOSE OF HEARING — PUBLIC COMMENT AND TESTIMONY
REGARDING AMENDMENT TO THE PROJECT PLAN AND REINVESTMENT
ZONE FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE
(TIRZ) NO. 2 AMENDMENTS.
STAFF REVIEW OF THE ADOPTION OF AMENDMENT TO THE PROJECT
PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR TAX
INCREMENT REINVESTMENT ZONE (TIRZ) NO. 2 AMENDMENTS.
Mr. Darrin Coker, City Attorney.
City Manager Bill Eisen stated the Agenda for the Regular Meeting that will be
held later tonight contains two amendments as they relate to Tax Increment
Reinvestment Zone No. 2 (TIRZ No. 2), which is Shadow Creek Ranch. The first
amendment involves participation by the City at a level identical to the original
participation level in terms of portions of tax rates that go into the TIRZ No. 2, but
will now include an expansion to TIRZ No. 2 of approximately 450 acres located
south of the future extension of Broadway. The second amendment will be the
addition of Alvin Community College as a participant in TIRZ No. 2. This will
involve a participation of 50% of their tax rate going into TIRZ No. 2 with the
stipulation that if Alvin Community College decides to build a campus, the
amount will be increased above that 50%. There are some concerns that there is
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no option for Alvin Community College to opt -out. The action that will be taken in
the Regular Meeting would make Alvin Community College's participation
identical to other participants in TIRZ No. 2.
CITIZEN COMMENTS — None.
COUNCIL/STAFF DISCUSSION
Councilmember Saboe asked what the history is regarding the opting out option,
and are provisions like this normal or is the request to have an opt -out option
something that has not been done before.
City Attorney Darrin Coker stated this is something that has not been done
before because everyone except the School District does not have an opt -out
option. The School District had the option to opt -out if legislation was changed
making it illegal for them to participate in a TIRZ. Council will be given proposed
language for the action in the regular meeting, prior to the meeting. The wording
is a provision requested by Alvin Community College that would allow discussion
to be held between Alvin Community College and the City if their participation in
TIRZ No. 2 became detrimental to their organization. Staff does not recommend
moving forward with the provision as it is currently written. All other participants
are participating with a commitment for the full time period.
Councilmember Kyle stated that the term "detrimental" is vague and asked City
Attorney Darrin Coker to explain what Alvin Community College considered as a
"detrimental" situation.
City Attorney Darrin Coker stated Gary Feldman, the representative for Alvin
Community College, could explain this further, but was not present at this time.
Alvin Community College was not specific in what would constitute a
"detrimental" situation and this is why he does not recommend moving forward
with the provision as it is written. Shadow Creek Ranch has an agreement with
Alvin Community College in which the terms of participation are outlined. These
terms are reflected in the action items Council will review in the Regular Meeting.
Councilmember Beckman stated she would not approve of adding an opt -out
provision for Alvin Community College. It would be a commitment without
making a commitment.
Councilmember Saboe asked if Council elected to amend the item, would
another Public Hearing be held.
City Attorney Darrin Coker stated the item would need to be reviewed and
approved by the TIRZ Board and then another Public Hearing would need to be
held.
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Gary Cook, Shadow Creek Ranch, stated he discussed this item with Alvin
Community College. As part of the agreement between Shadow Creek Ranch
and Alvin Community College, Shadow Creek Ranch is annexing 600 acres that
are not currently in the College's district. No opt -out provision was discussed
between Shadow Creek Ranch and Alvin Community College. Shadow Creek
Ranch has informed Alvin Community College that they will not annex the
additional 600 acres if the item is approved with an opt -out provision. It is the
opinion of Shadow Creek Ranch that Alvin Community College should either
have a full commitment like all the other participants or not participate.
ADJOURNMENT
Meeting was adjourned at 7:14 p.m.
Minutes approved as submitted and/or corrected this the 10th day of July, A.D.,
2006.
P -n ('TW
Sedretary
Tom Reid
Mayor
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