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2015-10-19 CITY COUNCIL PUBLIC HEARING MEETING MINUTES6 - 1 MINUTES OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 19, 2015, AT 6:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 6:30 p.m. with the following present: Mayor Tom Reid Councilmember Derrick Reed Councilmember Gary Moore Councilmember Keith Ordeneaux Councilmember Greg Hill City Manager Clay Pearson City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem Carbone. Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of Pearland Economic Development Corporation; Trent Epperson Assistant City Manager; Lata Krishnarao Director of Community Development; Frankie Legaux City Planner; Richard Mancilla Assistant City Engineer; Jennifer Huhn Court Administrator. Mayor Reid stated he will read into the record both Area 1 description and Area 2 description. He further stated after reading Area 1 and Area 2 citizens that would like to speak regarding Area 1 may speak and then the citizens regarding Area 2 may speak. PURPOSE OF PUBLIC HEARING — Proposed Annexation (Area 1) The annexation of approximately two hundred and forty two (242) acres of land, generally located North of Bailey Road, South of Arnold Drive, East of Kennedy Drive, and West of Manvel Road, in Pearland, Brazoria County, Texas. PURPOSE OF PUBLIC HEARING — Proposed Annexation (Area 2) The annexation of approximately two hundred and forty two (242) acres of land, generally located South of Bailey Road, East of Manvel Road, and West of Veterans Road, in Pearland, Brazoria County, Texas. Staff Review City Planner Frankie Legaux stated through Area 1 and Area 2 annexation, the City will be better able to manage the anticipated growth in the area and ensure future development happens in accordance with the Future Land Use Plan and Thoroughfare Plan, in a manner that is beneficial to everyone. If the land is not annexed, unregulated piecemeal development will continue to occur along future improved constructed Bailey Road corridor. This area has been in the City's Extraterritorial Jurisdiction (ETJ) since 1960, and will eventually become a part of the City of Pearland. By annexing this property now, the City is able to limit the amount of non -conforming issues that will occur if this Page 1 of 5 —10/19/2015 property remains outside of the city limits. Development of appropriate infrastructure and ' services for expansion and growth of both residential and non-residential uses would be uncertain if the land is not annexed. Annexation will provide the ability to plan for adequate infrastructure and services. Annexation will promote predictability and encourage investment and development in that area. Annexing the area now, as opposed to annexing in the future, will ensure that future growth is guided by the city's regulations and the conforms to the Unified Development Code. Citizen Comments (Area 1): Guy R. Jones, 3530 Hellin Drive, addressed Council stating his concerns of the expense for him to connect with City facilities and pay more taxes. He further stated he owns his property and he does not want the City to take over. David Gonzales, 4818'/: Louise Lane, addressed Council stating this is a way the City is securing land to make another nice entrance off of State Highway 288 to create a facade of what the City wants people to see. He stated freedoms are being taken away when a land owner is being told what they can do and cannot do. Frank Doherty, 4103 Bailey Road, addressed Council stating it was his understanding five years ago that this property would continue to be in the county until County Road 101 is completed. He stated he was born and raised in Pearland and this is a hard thing to take. ' Jessica Roe, 3611 Curtis Lane, addressed Council stating she is a mom. She cannot change the world, but she can change her part. She can raise her children to love the Lord, respect the country they live in and be model citizens. She stated her concerns regarding the reason the City is wanting to annex the property is for money. She and her family do not want to move, her children love growing up on the same property their dad grew up on. She urges the governing body to do the right thing. Mark Silva, 4714 Arnold Drive, addressed Council stating he was disappointed in the Open House. It was a dog and pony show. When the citizens had the floor two Councilmembers walked out. He stated Council is taking the land to help the city budget. The people are getting a raw deal. Billy Griffin, 7010 Bailey Road, addressed Council stating this is not legal or ethical, it is taking away everything the people have. He is not in favor of this annexation. Dewana Jones, 3431 Helen Drive, addressed Council stating she has lived in Pearland her whole life. She stated Mr. Rodney Ordeneaux was her 4-H and FFA teacher in school. She further stated she remembers a time Mr. Rodney Ordeneaux told her to be prepared because they will come and take your farm land. She stated that is now happening, the ' City is trying to take our land. She stated she does not want this annexation or anything from the City. Page 2 of 5 — 10/19/2015 ' Cathy Garcia, 3602 Mona Drive, addressed Council stating she is speaking on behalf of herself and her 73 year old mother. She stated the City will not be giving the residents anything that they do not already have. Selling and moving is not an option. Most of the residents are senior citizens and on a fixed income. The residents enjoy their land and their animals. The City is wanting to annex the community so the residents can fund the Bailey Road Project. She stated she cannot understand how City Council has the final vote for annexation when the residents of this community did not vote to put these men on Council. She asked the Councilmembers to take the thoughts of the residents into consideration and vote no for annexation. Bruce Kirby, 3610 Curtis Lane, addressed Council stating he would like to take the opportunity to apologize for his poor choice of words last week when he stated the Councilmembers were thieves. He stated what he meant was Council's actions are that of thieves. He further stated he moved to his current address to get away from the strife in the City. The City is annexing his property which he will incur thousands of dollars in taxes in the future, which will give him nothing in return except for a promise that maybe his land will be worth more by being in the City of Pearland. He stated he will keep his Manvel mailing address, but will pay Pearland taxes, that does not make sense. Council may have the right to do this, but it is not the right thing to do. Juanita Vergith, 4055 Bailey Road, addressed Council stating after last week's Council ' meeting she has been bothered by this annexation. She stated she is thinking about her property on an emotional side and City Council is thinking about the property on the money side. It looks like money is going to win and she does not like that at all. Earl Shaw, 4811 Louise Lane, addressed Council stating these are his neighbors that are speaking tonight and everyone is very disgruntled about this annexation. He stated if he wants to build a barn or chicken pen, he can do that without pulling a permit. He stated that is why he moved to his current address to get away from the City, and he is not happy with this annexation. Edwin Curry, 4810 Arnold, addressed Council stating it is nice to see Council because he does not know Council nor did he vote for Council. He stated he bought in a rural area and has lived there for 29 years. He further stated he does not want to incur the debt the City has made. This is not annexation this is an invasion. David Draper, 4806 Arnold, addressed Council stating his concerns regarding connecting City water and sewer. He asked that everyone in the Council Chambers that is against this annexation to stand. Robert Byrd, 4802 Arnold Drive, addressed Council stating he agrees with everyone that has spoken against this annexation. Page 3 of 5 — 10/19/2015 Citizen Comments (Area 2): ' Fred Meyer, 16625 North Wayne, addressed Council stating he has two questions. The first question is if there is any type of grandfather clause regarding the residents on a fixed income that are not able to pay for the improvements that go along with annexation. Second, how does the City come up with the boundaries. He further stated he is opposed to this annexation. Aaron Freedkin, 5522 Bailey Road, addressed Council stating his concerns regarding the annexation. He further stated it does not matter what the residents have to say because the schedule already has a date set for annexation which makes this a puppet event. He stated he does not see anything worth the money the City is offering to annex. Council/Staff Discussion: Discussion ensued between Councilmember Moore, City Attorney Darrin Coker and City Planner Frankie Legaux regarding the resident replacing their water well if it goes dry, replacing or repairing a structure that is damaged and how the annexation boundary lines were configured. Discussion ensued between Councilmember Reed and City Attorney Darrin Coker regarding taxes and a grandfather clause. ' Councilmember Ordeneaux thanked everyone for attending the Council meeting and apologized to the ones that stated he belittled them by disagreeing with them. He stated for the last four years he has been on Council he has tried to give his opinion on every item he has voted on. He stated the Extraterritorial Jurisdiction (ETJ) was made up over 40 years ago. He stated the State sets it up for a City to annex property. In a growing area there is a good chance residents will be annexed. Annexation is totally a different process than building roads. As far as who gets the road and who does not is a state law. The City did not set up the rules on annexation. The City is only following the rules that was given to us. He asked the residents to please go talk to their State Representative. Discussion ensued between Councilmember Hill and Assistant City Manager Trent Epperson regarding the Bailey Road project is a two year construction contract. Mayor Reid stated Council is working to address the issues they feel the residents need and want. He stated he understands when sometimes it does not feel like the changes that are happening in the City do not always fit the citizens. He stated he appreciates the residents participating and expressing themselves. C Page 4 of 5 — 10/19/2015 ' Meeting was adjourned at 7:48 p.m. Minutes approved as submitted and/or corrected this the 1111 day of January, A.D., 2016. Tom Reid Mayor ATTEST: 1 0 Yd4fig Lorfi Secre Page 5 of 5 — 10/19/2015