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2010-08-02 CITY COUNCIL PUBLIC HEARING MEETING MINUTESMINUTES OF THE PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 2, 18, 2010, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 6:40 p.m. with the following present: Mayor Torn Reid Mayor Pro -Tem Scott Sherman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Felicia Kyle City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Ed Thompson Others in attendance: Jon Branson Assistant City Manager; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Jeff Sundseth EMS Operations Director; David Whittaker Director of Inspection Services; Nghiem Doan Deputy City Attorney; Angela Gantuah Senior Planner. PURPOSE OF HEARING — PROPOSED ANNEXATION OF APPROXIMATELY 1,473 ACRES — AREA 6 1,473 ACRES OF LAND, MORE OR LESS, AREA GENERALLY LOCATED SOUTH OF DIXIE FARM ROAD TO THE FRIENDSWOOD CITY LIMITS, EAST OF SH 351MAIN STREET AND WEST OF CR 127. STAFF REVIEW OF THE FEASIBILITY PLAN AND SERVICE PLAN Planning Director Lata Krishnarao stated Area No. 6 is located south of Dixie Farm Road and SH 35 and totals approximately 1,473 acres. The area has a mix of uses with the airport being the main use. Staff developed a proposed zoning plan for the area based on the Future Land Use Plan that was recently adopted. The majority of the proposed zoning is for airport use and light industrial; however, there are existing residential uses that can be addressed individually for zoning purposes. CITIZEN COMMENTS: Dale Howard, 1914 CR 252, addressed Council and stated he has a list to submit to the City with a total of 59 names of people that are opposed to the annexation of Area No. 6. He had also previously inquired about the annexation of Area No. 6 being postponed due to the error in the letters notifying the residents. Page 1 of 5 — 8/2/2010 Scott Arndt, 17800 Airfield Lane, addressed Council and stated he is opposed to annexation by the City of Pearland. He is currently very satisfied with the services being provided by the County ranging from the Sheriff's Office to road maintenance. Annexation by the City would cause him to pay an additional $2,000 in taxes without a compensating service increase. The capital improvements planned for the City do not include water and sewer services to his location and if taxes are being paid, all services should be available. The proposed zoning pian does not benefit this area and many of the property values will drop overnight. He purchased his property with the idea that he had the right to develop the land as he saw fit and does not agree with the City coming in and stating they have the right to control his property. Wayne Messinger, 17622 Airfield Lane, addressed Council and stated he is representing the Pearland Regional Airport. The airport, as a business, is opposed to annexation. The City had the opportunity to purchase the airport and declined to purchase the business. The City will gain a large portion of the airport's income by annexing the property. These businesses are only marginally profitable and it will be a huge burden for them to be required to pay taxes. Large taxation requirements on this property will be a detriment to the development of future business pians for the area. The City needs to verify it has the resources to protect the aircrafts and provide rescue services that are expensive to purchase and maintain. Grif Carnes, West Clover Lane, addressed Council and stated the old Third Coast Terminals is located in Area No. 6. The proposed light industrial zoning for the location does not meet the requirements for their business, which is heavy industrial. Isaac Hall, 1907 and 1909 CR 129, addressed Council and stated he has lived in Area No. 6 for forty-two years. He has business property that is his only income and is concerned about the ability to lease the property out with the proposed annexation plan. He is opposed to the annexation of Area No. 6 by the City. Mike Elliott, 1815 CR 130, addressed Council and stated he owns approximately 2.5 acres near the Pearland Regional Airport. He agrees with comments presented by Mr. Arndt. Kenneth Myers, 18109 CR 132, addressed Council and stated he is opposed to the annexation for a number of reasons. Many people in the area have several acres of land or businesses and are concerned about the proposed zoning requirements and the impact it will have on their property value. Page 2 of 5 — 8/2/2010 Trey Hill, Hill Sand Company and Dixie Farm Road Landfill, addressed Council and stated he understands the annexation process and is concerned with the land being annexed. The properties include a landfill, an airport, several other types of industries and residential properties. Annexing an area with such a mix of uses poses many different issues. The proposed zoning plan would not allow either of his business uses and he would ask that the City apply the proper zoning for the landfill and the sandpit operations. Rex Searle, 18206 CR 127, addressed Council and stated he would like to be informed of what exact benefits the residents in Area No. 6 will receive by being annexed by the City. David Rohan, 15731 Fathom, addressed Council and stated he has forty-four acres in Area No. 6 and would like to know what the City will do to protect the water and air quality in the area with the expected increase in drilling operations. Rachel Boone, 106 Del Monte Dr., addressed Council and stated there are only three homes in her neighborhood that are affected by the annexation and she would like to receive information regarding how Police, Fire Service and Utility Services will be handled with only a portion of the neighborhood being included in the plans. Gary Morgan, 1631 CR 132, addressed Council and stated he manages rental property near the Pearland Regional Airport. Many companies in the area are competing with other companies that provide similar services. Increased operational costs and taxes will be detrimental to the businesses. Phillip Jantz, CR 127, addressed Council and stated he agrees with the previous statements and is opposed to the annexation of Area No. 6. Mike Zigal, 902 Penny Wayne, addressed Council and stated he owns property within Area No. 6 and he is opposed to this annexation. The annexation will not benefit anyone but the City. Hazel Holiday, 17410 CR 127, addressed Council and stated she has resided in Area No. 6 for thirty-five years and has experienced flooding because of ditches that are not properly maintained. She would like to know what the City will do differently if the area is annexed. David Bond, 1010 CR 129, addressed Council and stated he would like to receive information regarding the City's plan to provide sewer and water services. He is also opposed to the annexation. Page 3 of 5 — 8/2/2010 Gus Rodriguez, 18007 CR 132, addressed Council and stated he just purchased a home in Area No. 6 so that he could get away from the restrictions imposed by the City. He does not have any issues with the services being provided to the area and is opposed to the annexation. David Frank, 907 Evergreen, addressed Council and stated he owns nine acres in the middle of Hastings Field and does not see that the City will be able to provide any benefits to his family for the taxes they will be required to pay. He is opposed to being annexed by the City. Vern Hennesly, 902 La Fair, addressed Council and stated he has owned property in Area No. 6 since 1974 and he is opposed to the annexation. Ricki Elliot, 1815 CR 130, addressed Council and stated she is devastated by the proposed annexation because she enjoys being free to build on her property and not dealing with the City. She will not be able to operate her business in the same way because of the financial impact of the taxes and she is opposed to the annexation. Mary Strupp, 1309 James St., addressed Council and stated she owns several acres in Area No. 6 and has always planned to build a home for her and her children. The City is now requiring her to build a home before September or she will not be able to build one. She does not see how this annexation will benefit any residents and hopes the City will reconsider annexing the land. COUNCIL/STAFF DISCUSSION: Mayor Reid stated the zoning for the areas being annexed have not been established. This is a separate process that will be done after the annexation is complete. Planning Director Lata Krishnarao stated there will be a Public Hearing held for the zoning process. The items at this meeting are strictly regarding the annexation process. Councilmember Owens stated, in light of all the comments and the confusion regarding the letters that were sent to residents, it might be the best decision to postpone the annexation process for Area No. 6. Postponing the annexation would allow the City to analyze the area more thoroughly and investigate all the options available. Mayor Pro -Tem Sherman thanked the residents for attending the Public Hearing and stated that he agrees with the suggestion to postpone the annexation process for Area No. 6 to allow for further analysis of the area and the concerns. Councilmember Kyle stated she agrees that the process does need to be postponed to allow for more information and investigation regarding the issues presented regarding the annexation. Page 4 of 5 — 8/2/2010 Councilmember Saboe stated he does not agree with all of the comments of the residents; however, he does agree with many of the comments presented. The comments regarding the City's budget being a consideration in the annexation decision is not accurate. The City is very conscious of the budget and everyone is invited to attend the meetings where the budget is discussed. He asked that everyone be open minded during the annexation process and keep communication open with the City. Mayor Reid stated he appreciates the way the residents of Area No. 6 presented their concerns. Meeting was adjourned at 7:58 p.m. Minutes approved as submitted and/or corrected this the 23rd day of August, A.D., 2010. � Alf / 7-:�V Tom Reid Mayor Page 5 of 5 — 8/2/2010 MINUTES OF THE PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 2, 2010, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:59 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Scott Sherman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Felicia Kyle City Manager Bill Eisen City Attorney Darrin Coker {City Secretary Young Lorfing Absent: Gouncilmember Ed Thompson Others in attendance: Jon Branson Assistant City Manager; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Jeff Sundseth EMS Operations Director; David Whittaker Director of Inspection Services; Nghiem Doan Deputy City Attorney; Angela Gantuah Senior Planner. PURPOSE OF HEARING — PROPOSED ANNEXATION OF APPROXIMATELY 126 ACRES — AREA 1: 126 ACRES OF LAND, MORE OR LESS, GENERALLY LOCATED NORTH OF BAILEY ROAD BETWEEN KENNEDY ROAD AND 1350 FEET WEST OF FM1128/MANVEL. STAFF REVIEW OF THE FEASIBILITY PLAN AND SERVICE PLAN: Planning Director Lata Krisharao stated Area No. 1 is located north of Bailey Road between Manvel Road and Kennedy Road. The area is approximately 126 acres with 38 acres of the area vacant. The proposed zoning for the area is Single Family Estate District (R -E) which is consistent with the Future Land Use Plan. CITIZEN COMMENTS: Juanita Cavazos, 4055 Bailey Road, addressed Council and stated she is confused because she wanted to use her property for retirement purposes. She stated it is her understanding that she will be paying more taxes, but will receive water and sewer. The residents need to be more informed regarding the annexation process. Page 1 of 2 — 8/2/2010 Jessica Rowe, 3611 CR 884, addressed Council and stated her husband's family deeded the property located in Area No. 1 as a wedding gift and now they have had to postpone their building because they are not sure what they will be zoned. COUNCIL/STAFF DISCUSSION: Planning Director Lata Krishnarao stated Staff will review the notification listing for Area No. 1 and verify that all property owners receive the correct property notification. Assistant City Manager Mike Hodge stated as part of the Bailey Road Project there is a possible extension of the water service line. The sanitary sewer extension is included in the City's ten-year plan. Mayor Pro -Tem Sherman asked for clarification, for residents, of what is allowed under the proposed zoning Single Family Estate District (R -E). Planning Director Lata Krishnarao stated Single Family Estate (R -E) allows single family detached residential uses and agriculture farms and orchards. It allows structures that are accessories to a home such as garages and green houses. The lot sizes are half - acre lots or larger. Councilmember Saboe stated the package included a letter regarding mixed use on one property and he would like to know how Staff responded. City Attorney Darrin Coker stated with respect to any business that existed prior to annexation, it will be allowed to continue to exist. Meeting was adjourned at 8:12 p.m. Minutes approved as submitted and/or corrected this the 23`d day of August, A.D., 2010. Tom Reid Mayor ATTEST • Lo r j�!' OF �\ Page 2 of 2 — 812/2010 MINUTES OF THE PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 2, 2010, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:12 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Scott Sherman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Felicia Kyle City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Ed Thompson Others in attendance; Jon Branson Assistant City Manager; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Jeff Sundseth EMS Operations Director; David Whittaker Director of Inspection Services; Nghiem Doan Deputy City Attorney; Angela Gantuah Senior Planner. PURPOSE OF HEARING — PROPOSED ANNEXATION OF APPROXIMATELY 189 ACRES — AREA 2 189 ACRES OF LAND, MORE OR LESS, AREA GENERALLY LOCATED SOUTH OF BAILEY ROAD FROM FM 1128/MANVEL TO VETERANS ROAD. STAFF REVIEW OF THE FEASIBILITY PLAN AND SERVICE PLAN Planning Director Lata Krishnarao stated Area No. 2 is approximately 189 acres located east of Area No. 1 between Manvel Road and Veterans Road. There are approximately 51 acres vacant and there are 68 residential uses. The Future Land Use Plans designates the area as low density residential. CITIZEN COMMENTS: Frankie Massey, 16714 Grand Lane, addressed Council and stated she does not have water or sewer services, but is fine with the situation. She does not want to pay more taxes and is opposed to the annexation of her property. Shirley Hadley, 16623 Berry Road, addressed Council and stated she would like to know if utility lines will be placed under Bailey Road during the Bailey Road Project and if so, when can she expect utility services. Page 1 of 2 — 81212010 Frank Martinez, 3938 Wingtail Way, addressed Council and stated he owns property in Area No. 2 with three commercial buildings. He stated he is upset because he found out about the annexation today. He is wondering how many more residents are not present to speak because they were not informed. He is opposed to the annexation of his property. Ray Hill, 5806 Bailey Road, addressed Council and stated he would like to know how far the commercial nodes will extend. He has 8 acres and his home is located 400 -feet from the road. In his opinion there is no reason the City needs his property and he would like to receive more information regarding the annexation plan. COUNCIL/STAFF DISCUSSION: Assistant City Manager Mike Hodge stated, as part of the Bailey Road Project, the water lines will be extended to provide services to the properties located south of Bailey Road. Sanitary Sewer Services for the area are included in the 10 -year plan. Planning Director Lata Krishnaro stated the retail node can extend up to 25 acres. This would require the owner to request a zone change and submit a plan that would be approved by Council. Meeting was adjourned at 8:31 p.m. Minutes approved as submitted and/or corrected this the 23rd day of August, A.D., 2010. Tom Reid Mayor ATTEST: o ng Lo Sec ary Page 2 of 2 — 8/2/2010 MINUTES OF THE PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 2, 2010, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid calved the meeting to order at 8:31 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Scott Sherman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Felicia Kyle City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Ed Thompson Others in attendance: Jon Branson Assistant City Manager; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Jeff Sundseth EMS Operations Director; David Whittaker Director of Inspection Services; Nghiem Doan Deputy City Attorney; Angela Gantuah Senior Planner. PURPOSE OF HEARING — PROPOSED ANNEXATION OF APPROXIMATELY 307 ACRES — AREAS 3 & 4 307 ACRES OF LAND, MORE OR LESS, AREA GENERALLY LOCATED ALONG CR 48 (KINGSLEY DRIVE) SOUTH OF BROADWAY STREET, AND NEAR THE INTERSECTION OF CR 59 AND CR 48. STAFF REVIEW OF THE FEASIBILITY PLAN AND SERVICE PLAN Planning Director Lata Krishnarao stated Area No. 3 and 4 is approximately 307 acres located along Kingsley Drive South of Shadow Creek Ranch. The predominate use is single family residential and the proposed zoning is Single Family Estate District (R -E) based on the Future Land Use Plan. CITIZEN COMMENTS: Larry Campbell, 1835 CR 59, addressed Council and stated he purchased his property 10 years ago with the intent to develop it for commercial use. He has already gone through the platting process and would like to know if he will be required to go through the zoning process. He has invested approximately $50,000 getting his property ready for commercial use and now the City has zoned it for residential use. He is opposed to the City annexing his property. Page 1 of 3 -- 8/2/2010 Gina Cantu, 3202 CR 48, addressed Council and stated she and her husband purchased their property twenty years ago and are opposed to being annexed by the City. They planned to use the property for commercial use and now are being required to expedite the process because the City is zoning her property as residential. She has a petition from all the homeowners in the area that have signed the document in opposition to being annexed by the City. Daniel Cantu, 1710 CR 59, addressed Council and stated he is strongly opposed to the proposed annexation. He is currently pleased with the service provided by the County. He purchased the property and has plans to build homes for his two children and the proposed zoning would prohibit him from building. Carol Hammock, 1434 CR 59, addressed Council and stated she has lived in her home for thirty years and enjoys the perks of country living with no City restrictions. She is concerned whether it would be mandatory for her to connect to the City water and what the associated expense would be for the connection. Sylvia Cantu, 1710 CR 59, addressed Council and stated she purchased her property twenty years ago and has worked very hard. She has children and had planned to leave the property to them. She is opposed to being annexed by the City. Lareina Castro, 1700 CR 59, addressed Council and stated she purchased her land two years ago and she likes the country living. Her husband and her built their house and their water well. They are still paying for what they built and it isn't fair for the City to annex their property. She has had many instances where police services were needed and they were provided even without them being annexed. Gina Cantu, addressed Council and stated she and the other residents in the area have very mixed emotions. They are doing just fine the way they are without the City annexing their property. COUNCIL/STAFF DISCUSSION: Mayor Pro -Tem Sherman asked for clarification regarding the property owned by Larry Campbell, Planning Director Lata Krishnarao stated the property has been platted and would need a zone change. A commercial node has been proposed where his property is located and that would fall right in with his plans for his property. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Planning Director Lata Krishnarao regarding the annexation. Page 2 of 3 — 8/2/2010 Councilmember Saboe stated he would like to address the specific reasons the annexation of Area No. 6 has been postponed. The complexities of Area No. 6 and an error in notification are the only reasons to postpone the annexation for that specific area. These issues did not occur in the other areas. The residents in the other areas have the opportunity to take whatever actions they want regarding the annexation. Meeting was adjourned at 9:02 p.m. Minutes approved as submitted and/or corrected this the 23`d day of August, A.D., 2010. Tom Reid Mayor ATTEST: ng Lo M �: x= 9 Y SecWary =` Page 3 of 3 — 8/2/2010 MINUTES OF THE PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 2, 18, 2010, AT 6.30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 9:02 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Scott Sherman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Felicia Kyle City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Ed Thompson Others in attendance: Jon Branson Assistant City Manager; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Jeff Sundseth EMS Operations Director; David Whittaker Director of Inspection Services; Nghiem Doan Deputy City Attorney; Angela Gantuah Senior Planner. PURPOSE OF HEARING — PROPOSED ANNEXATION APPROXIMATELY 589 ACRES — AREA 5 589 ACRES, MORE OR LESS, AREA GENERALLY LOCATED WEST OF SH 35, EAST OF THE RAILROAD, SOUTH OF HASTINGS FIELD ROAD AND NORTH OF HASTINGS CANNON ROAD. STAFF REVIEW OF THE FEASIBILITY PLAN AND SERVICE PLAN Planning Director Lata Krishnarao stated this area is across from Area No. 6 and is a mix of uses. The area is predominately occupied by land that has oil wells located on the property. The proposed zoning for the area is light industrial (M-1). CITIZEN COMMENTS: Sharon Williford, 9180 CR 414, addressed Council and stated there are ten houses on her street and the first house on the street is located in the City of Pearland. The proposed zoning for her property is light industrial. She has tried to get City services for the property located across the street, which is located in the City, and could not. She is opposed to this annexation for that very reason and does not feel services being promised will ever be provided. Page 1 of 3 -- 8/212010 David Rohan, 15731 Fathom, addressed Council and stated he owns ten acres in Area No. 5 and stated he received a notice from the City stating that his property would be zoned as Single Family Estate. He purchased the land in 1990 and had plans of building a home for his retirement. The property is in the middle of Hastings ail Field and with the plans for drilling operations to renew; he wants to know what the City of Pearland will do to protect the water supply. Sarah Fusis, 18513 CR 414A, addressed Council and stated she is very concerned about the annexation and is opposed her property being annexed. Jodi McDermott, 9066 CR 414, addressed Council and stated her main concern is regarding the proposed zoning for her property. The proposed zoning will decrease the value of her property and she will not be able to rebuild her home in the event of a fire or loss. She is extremely opposed to being annexed by the City. COUNCIUSTAFF DISCUSSION: Mayor Pro -Tem Sherman asked for the issue of the air and water quality to be addressed for the residents. City Attorney Darrin Coker stated the air and water quality are regulated by the Texas Commission on Environmental Quality and that would be the case with or without the property being annexed by the City. Councilmember Saboe stated he has the same concerns with this area as he did with Area No. 6. He feels that with the zoning questions and the notice error, annexation of this area possibly needs to postponed to a later date. The area needs to be examined closer to verify the proposed zoning adequately covers the uses of the property. Planning Director Lata Krishnarao stated there are properties that have residential uses, however, the mineral rights are owned by an oil company. The company that owns those rights is planning to expand its operations in the area. Councilmember Saboe stated the City spends a lot of time dealing with applicants and zoning matters for small parcels. The process becomes even more difficult when dealing with such a broad piece of acreage. There are six different areas and each has microcosms in it. The process needs to be done efficiently; however, he does not want to forsake the rights of each individual property owner to present his case. Staff needs to send the message that the individual has the right to apply for a zone change. Councilmember Kyle stated the City will need to be sensitive to the oil companies in the area and the residents. The residents purchased their property without the expectation of being annexed and she feels Staff will need to think outside the box and work with residents to try to protect their investment. Page 2 of 3 — 8/2/2010 Mayor Pro -Tem Sherman stated he would like to see the annexation for Area No. 5 postponed to clear up the issues with zoning and notification. Meeting was adjourned at 9:30 p.m. Minutes approved as submitted and/or corrected this the 23rd day of August, A.D., 2010. Tom Heid Mayor Page 3 of 3 — 8/2/2010