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2010-08-02 CITY COUNCIL PUBLIC HEARING MINUTES AREA 6MINUTES 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 plan 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 plans 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 23 day of August, A.D., 2010. 7 Tom Reid Mayor am Page 5 of 5 8/2/2010