2010-08-16 CITY COUNCIL PUBLIC HEARING MEETING MINUTES AREA 1MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 16, 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 6:55 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Scott Sherman
Woody Owens
Steve Saboe
Felicia Kyle
Ed Thompson
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Assistant City Manager; Danny Cameron Public
Works Director; J.C. Doyle Police Chief; Roland Garcia Fire Marshal; Bonita J. Hall
Director of Human Resources and Safety Management; Mike Hodge Assistant City
Manager; Claire Bogard Finance Director; Michelle Smith Director of Parks and
Recreation; Jeff Sundseth EMS Operations Director; Teresa Battenfield Assistant
Project Director; Ian Clowes Planner I; Evan Duvall Planner II; Judy Krajca Planning
Office Coordinator.
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:
Assistant City Manager Mike Hodge provided Council and citizens with an overview of
the annexation process and a detailed explanation of the Public Hearing process.
Planner II Evan Duvall stated the total area for Area No. 1 is approximately 126 acres
with 38 acres being vacant. The current land uses vary with most being single family
residential. The proposed zoning is RE which is single family estate district and the
total appraised value is $829,910. The City will provide services to the area that meet
or exceed State Law. The services will include police protection, fire protection, and
emergency medical services. Operation of water and waste water facilities will be
operated by the City or by a private entity contracted by the residents. Maintenance of
roads and parks will be provided by the City. There are currently no water or sewer
lines in this area. The City has future plans to provide these services in the future. The
Future Land Use Plan designates a 25 acres minor retail node at the corner of Cullen
Parkway and Bailey Road.
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Assistant City Manager Mike Hodge stated all the services stated in the report, except
for water and sewer services, are paid for out of the General Fund. The water and
sewer services are included in an enterprise fund which means the citizens will not be
charged if they are not utilizing the water and sewer service.
CITIZEN COMMENTS:
Bruce V. Kirby, 3610 Curtis, addressed Council and stated he has an issue with citizens
only being given a two-week notice regarding the annexation. He does not need City
services and would like to know why the City wants to annex the land.
Guy R. Jones, 3530 Helen Drive, addressed Council and stated he would like to know
how the residents will be required to handle their water wells and septic system once
they are annexed by the City. Also, residents need information on whether they will be
able to keep the livestock they currently have on their property.
Reverend Lawrence Stewart, 7412 Bailey Road, addressed Council and stated he is
concerned about the people that are already located in Area No. 1 and will they have
the existing land uses and businesses grandfathered. There is a waterline that is
already located on Bailey Road and he would like to know why citizens cannot tie into
the line instead of waiting for future services.
Lynn Nixon, 16509 Herridge, addressed Council and stated many of the residents were
affected by Hurricane Ike and did not receive assistance and she would like to know if
they will receive assistance from the City in the event of another natural disaster. She
stated she feels the taxes are unreasonable and that it is unfair for the people who have
already paid for their water wells and septic systems to lose them when the water
service is provided.
William A. Haycraft, 3635 CR 905, addressed Council and stated he understands the
reason for annexing Area No. 1 is to allow the City to control Bailey Road and he is
opposed to the annexation.
Michael Rodriguez, 4602 Arnold Drive, addressed Council and stated the only thing he
has heard about with the annexation is about taxes. He is tired of paying taxes and
feels they currently have a nice rural community.
Lupe Cortez, 7520 Lester, addressed Council and stated this is the first time he has
ever received notification from the City and was not aware of what was happening to his
property. He does not need City services and is opposed to the annexation.
Ron Anderson, 7730 Bailey Road, addressed Council and stated he would like
clarification on the reason for the city annexing his property. He enjoys living in the
country and does not want to be annexed by the City.
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Robin Anderson, 7730 Bailey Road, addressed Council and stated she agrees with the
previous speakers and is opposed to the annexation.
Debbie Kirby, 3610 Curtiss Lane, addressed Council and stated she would like
clarification why the residents will be paying taxes for services they are not receiving.
She does not need City services and is opposed to this annexation.
Jessica Roe, 3611 Curtiss Road, addressed Council and stated she has been informed
by residents that live near here that they have not received notification regarding the
annexation. She feels there needs to be more time for people to understand what the
process is and what will happen when they are annexed.
Ron Anderson, 7730 Bailey Road, addressed Council and stated he does not
understand why he cannot vote for Council, but they are allowed to tell him what to do.
If Council has control over what he does then he should be able to vote them in or out of
office.
COUNCIL/STAFF DISCUSSION:
Mayor Pro -Tem Sherman asked for clarification on the structure of taxing and what
gives the City the ability to annex the land.
Assistant City Manager Mike Hodge stated the annexation process will be complete in
September 2010. The appraisal assessment will occur in December and the City will
levy a tax against whatever property is in the City at that time. The tax will pay for
everything that is funded by the General Fund. The water and sewer aspect is included
in an enterprise fund and residents are only charged if they utilize the service. It is not
mandatory for residents to utilize City water and sewer services. If the resident chooses
to utilize City water and sewer services, he has the option to keep his own well and
sanitary systems with certain requirements pertaining connections. There is a $4,800
fee for residents to connect to City water and sewer services which is due at the time of
connection. The City has an Extra Territorial Jurisdiction (ETJ) and it has the ability to
annex property in the ETJ as it sees fit.
City Attorney Darrin Coker stated, there is a provision in State Law that protects the
current land uses and businesses and allows them to be grandfathered after
annexation. If the business is a nonconforming use, it can be sold and continue the
current use after being transferred to the new owner.
Councilmember Kyle stated she would like clarification on how the notification list is
established and how residents may obtain copies of the residents that were provided
with the notice.
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City Attorney Darrin Coker stated there was an inventory of all the parcels located in the
given annexation area. The City is required by the State Law to provide notice to the
registered property owner and uses the addresses provided by Brazoria County.
Residents may obtain a copy of the notification list by filing an open records request
with the City Secretary's Office.
Councilmember Owens stated there are existing interlocal agreements with Brazoria
County and asked if the City still provides Fire, Police, and EMS services in the ETJ.
City Manager Bill Eisen stated the City provides Fire, Police, and EMS services to its
ETJ and there are Mutual Aid Agreements with other fire departments for assistance.
City Attorney Darrin Coker stated he wanted to clarify that livestock on the property is
not a grandfathered use and is controlled by City Ordinances. Residents with livestock
will be allowed to come in prior to the annexation and register the number of animals
they have with the City. The residents will be allowed to come into compliance with the
Ordinance through attrition.
Councilmember Saboe asked for clarification on the minor retail node and the reasoning
behind the jagged shape of the annexation areas.
Planner II Evan Duvall stated the minor retail nodes are specified areas that are allowed
to become retail or commercial uses.
Assistant City Manager Mike Hodge stated the areas are shaped the way they are
because the City planned to capture whole tracks with the same ownership.
Councilmember Kyle stated she would like the question regarding the ability to vote for
Councilmembers to be addressed for the residents.
Assistant City Manager Mike Hodge stated they will have the ability to vote in City
Elections as citizens and participate in City Government after the annexation process is
complete.
Councilmember Saboe stated anyone that did not get his questions answered or would
like more information can obtain a list of frequently asked questions from Staff or on the
City website. They also have the option to contact Councilmembers or Staff by email.
Mayor Reid stated in the 1960's, a 100 -foot wide strip along the city limits was
established which is an area the City has the option to annex. This Public Hearing is
regarding the annexation of land within that 100 -foot strip.
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ADJOURNMENT
Meeting was adjourned at 8:04 p.m.
Minutes approved as submitted and/or corrected this the 13th day of September, A.D.,
2010.
ATTEST:
r. 6 • L 0# 66 SecrWary
Tom Reid
Mayor
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