2012 03 01 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
March 01, 2012
The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday,
March 01, 2012, at 5:30 P.M. in the Council Chamber of the Baytown City Hall, 2401
Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo
Council Member
Robert Hoskins
Council Member
Terry Sain
Council Member
Scott Sheley
Council Member
Stephen H. DonCarlos Mayor
Robert D. Leiper
City Manager
Ron Bottoms
Deputy City Manager
Kevin Troller
Assistant City Manager
Ignacio Ramirez
City Attorney
Jason Cozza
Deputy City Clerk
Mayor DonCarlos convened the March 01, 2012, City Council Special Meeting with a
quorum present at 5:30 P.M., all members were present with the exception of Council
Members Davis McCartney and Mercedes Renteria III who were absent.
1. PROPOSED ORDINANCES
a. Consider the First Reading of an Involuntary Annexation of
Approximately 613 Acres of Land - Planning and Development Services.
Mayor DonCarlos presented the agenda item and stated that Ordinance No. 11,884 is the
first reading for an involuntary annexation of approximately 613 acres of land in the
City's extraterritorial jurisdiction, generally located between Interstate 10 to the north,
Cedar Bayou - Lynchburg Road to the south, Garth Road on the west, North Main Street to
the east, as well as the unincorporated property located approximately 500 feet east of
North Main Street between Interstate 10 and East Cedar Bayou - Lynchburg Road in
Harris County, Texas.
City Manager Leiper stated that on October 11, 2011, the City Council authorized staff to
proceed with this annexation. He also stated that notice of the first public hearing was
published in the January 10, 2012, issue of the Baytown Sun and posted on the City of
Baytown's notice board and website on January 10, 2012. The first public hearing
regarding this item was held on January 26, 2012.
City Council Special Meeting Minutes
March 01, 2012
Page 2 of 4
The notice of the second public hearing was published in the January 24th issue of the
Baytown Sun and posted on the City of Baytown's notice board and website on January
20, 2012. The second public hearing regarding this item was held on February 9th. City
Manager Leiper noted that after this evening's first reading of the annexation ordinance,
the next steps in the annexation process will be the second reading of the ordinance and
placement into a council district, which is scheduled to take place on April 12, 2012.
Council Member Sain inquired if Council could exclude the resident properties that do
not want to be annexed or that have questions about the annexation. Mayor DonCarlos
stated that it could be possible to do; however, it was not advisable to do so. City
Manager Leiper stated that legally Council can make a finding to exclude the properties
in question if it is in the best interest of the public; however, he also noted that this action
could be subject to a Department of Justice challenge as it relates to voting rights. City
Manager Leiper further stated that while he did not believe that there would be a
challenge from the DOJ, the recommendation from administration remained to proceed
with the annexation. City Manager Leiper stated that this annexation is particularly
important considering that as growth continues to the north of the city; this area will soon
become the center of the city. He cautioned against creating zoning enclaves because it
could lead to the existence of underdeveloped areas around the city that could create huge
challenges, such as (1) hindering growth and development opportunities, (2) creating uses
not in line with city's ordinances and zoning, and (3) creating issues for future
annexations where there is some resistance from the residents.
Council Member Capetillo inquired about the estimated amount of investment for the
improvements related to this project. City Manager Leiper stated that the water and sewer
cost would be in access of $1 million dollars. City Manager Leiper stated that this
annexation is not being done for a profit, but is instead taking place because it is
necessary for the controlled growth and development of the city that is steadily moving to
the north.
For verification purposes, Council Member Hoskins inquired what were the next steps in
the annexation process should the item at hand pass this evening? City Manager Leiper
stated that it takes two (2) actions on an annexation ordinance in order for it to take
effect; the one this evening is the first action and the second reading of the annexation
ordinance scheduled for April 12`h would be the second action.
Mayor DonCarlos stated that there was no one registered to speak in regards to this item.
A motion was made by Council Member Scott Sheley and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 11,884. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member Terry Sain,
Council Member Scott Sheley
Nays: None
City Council Special Meeting Minutes
March 01, 2012
Page 3 of 4
Other: Director David McCartney (Absent) and Director Mercedes
Renteria III (Absent)
Approved
ORDINANCE NO. 11,884
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING
FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE
CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF
APPROXIMATELY 613 ACRES OF LAND IN THE CITY'S
EXTRATERRITORIAL JURISDICTION, GENERALLY LOCATED
BETWEEN INTERSTATE 10 TO THE NORTH, CEDAR BAYOU -
LYNCHBURG ROAD TO THE SOUTH, GARTH ROAD ON THE
WEST, NORTH MAIN STREET TO THE EAST, AS WELL AS THE
UNINCORPORATED PROPERTY LOCATED APPROXIMATELY 500
FEET EAST OF NORTH MAIN STREET BETWEEN INTERSTATE 10
AND EAST CEDAR BAYOU - LYNCHBURG ROAD IN HARRIS
COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO
AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY
OF BAYTOWN, TEXAS.
2. MANAGER'S REPORT
There was no report.
3. ADJOURN
A motion was made by Council Member Terry Sain and seconded by Council Member
Robert C. Hoskins adjourning the March 01, 2012, City Council Special Meeting. The
vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member Terry Sain,
Council Member Scott Sheley
Nays: None
Other: Director David McCartney (Absent) and Director Mercedes
Renteria III (Absent)
Approved
City Council Special Meeting Minutes
March 01, 2012
Page 4 of 4
With there being no further business to discuss, Mayor DonCarlos adjourned the March
01, 2012, City Council Special Meeting at 5:37 P.M.