Loading...
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.