Loading...
2017 07 20 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 20 2017 The City Council of the City of Baytown Texas, met in a Special Meeting on Thursday July 20 2017, at 5 30 P M., in the Council Chamber of the Baytown City Hall, 2401 Market Street Baytown Texas with the following in attendance Laura Alvarado Council Member Robert Hoskins Council Member David McCartney Council Member Chris Presley Council Member Terry San Council Member Stephen H DonCarlos Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the July 20, 2017, City Council Special Meeting with a quorum present at 5.30 P M. all members were present with the exception of Council Member Johnson who was absent PUBLIC HEARINGS a Conduct the first public hearing concerning the involuntary annexation of approximately 252 acres of land generally located east of John Martin Road and west of Garth Road on the north and south side of West Cedar Bayou Lynchburg Road, including multiple parcels, Sheppard Road, Thomas Road, Connally Road and the Harris County Flood Control drainage ditch, east of its intersection with John Martin Road in Harris County, Texas At 5.31 P M., Mayor DonCarlos opened and conducted the first public heanng concerning the involuntary annexation of approximately 252 acres of land generally located east of John Martin Road and west of Garth Road on the north and south side of West Cedar Bayou Lynchburg Road, including multiple parcels Sheppard Road Thomas Road, Connally Road and the Harris County Flood Control drainage ditch east of its intersection with John Martin Road in Hams County, Texas Planning Manager Chris Chavis presented a summary of the agenda item and stated that this is the first public hearing concerning the involuntary annexation of approximately 252+ acres which is generally east of John Martin Road and west of Garth Road on both the north and south sides of Cedar Bayou Lynchburg He stated that the area is mostly rural or large residential with City Council Special Meeung Minutes July 20 2017 Page 2 of 4 clusters of commercial along the Cedar Bayou Lynchburg and some commercial, as well as. industrial uses along John Martin Road He stated that the reason the city is interested in this area is because it is an existing unincorporated island within the city and there's a significant amount of infrastructure and development that the city is interested in building in this area being San Jacinto Boulevard Mr Chavis stated that San Jacinto Boulevard will have city water and sewer that brings service to the area He noted that in this area there are two (2) agricultural properties of approximately eight (8) acres in total He stated that the future land use plan (FLUP) as it exist has the area to be low to medium residential with a commercial nod right at where San Jacinto connects with Bush Road at the intersection of Cedar Bayou Lynchburg. He stated that as the property exist the major thoroughfare plan has a significant effect on this area because of the San Jacinto Boulevard extension which will be a minor arterial He stated that the utilities in this area we mostly septic and wells although city utilities will become available the property owners will be able to maintain their utilities at that time and not be required to connect to city services until those systems have to be replaced Additionally, he noted that water can be connected without sewer but sewer cannot be connected without water Council Member Hoskins inquired for clanty, if property owners would be able to maintain their own septic systems and water wells until such time that they sell the property leaving the next owner with the choice of whether or not they want to connect to the city's utility system In response to Council Member Hoskins' inquiry Mr Chavis stated that the property owners are not required to connect to city services unless their current system fails and further noted that as long as there are no issues with the owner's system there's no end date as to when the property has to connect to city services Mayor DonCarlos inquired if the businesses in the area would be zoned and able to continue as they were prior to the annexation Mr Chavis stated that currently there's not a zoning request with this agenda item but staff will be reviewing this area for the appropriate zoning of the commercial properties in the impacted area. Mayor DonCarlos clanfied that council s preference is that the commercial status not be changed in order to not make them non conforming uses if at all possible Mr Chavis stated that one of the benefits of this area is that generally the commercial properties were developed along the major corridors therefore they are not entrenched in the residential areas For clarification, City Attorney Ignacio Ramirez noted that Council Member Hoskins seemed to interject a new criteria, in which the property owners will not have to connect to city water on the sale of the property unless their utility system goes defective and if the property owner sells the property the new owner still does not have to connect to city services Council Member Hoskins stated that to his understanding in a previous case such as thus, there was a clause to the effect that if the property is sold or if something was done to the homestead the owners would have to connect to city services Mayor DonCarlos requested that clarification be made to be certain that the owners only be required to connect to city services if their current system fails City Council Special Mccang Minutes July 20 2017 Page 3 of 4 Council Member Alvarado inquired as to what would happen if the owner did modifications but did not touch their system In response to Council Member Alvarado's inquiry, Mayor DonCarlos stated that nothing would change if the owner made modifications Carmen Vail, Herman Tidwell, Jerry Ruyle, Noal Stephens and Dimas Arredando all registered to speak at the first public hearing regarding agenda item I a Mr Jerry Ruyle stated that he does not want to be annexed and inquired if there was a way to not be annexed Mayor DonCarlos stated that this was an involuntary annexation and he could not be omitted from the annexation Mr Ruyle further inquired of the difference in the rules as it relates to residential and commercial He stated that he had a business in Baytown that was 87 years old and when he decided to remodel the budding he was told by the city that he couldn't do so and had to move outside of the city He further noted that he is now being told that he has to move back into the city, which he does not agree to or desires Mayor DonCarlos stated that he made mention of the zoning clarification specifically for cases such as Mr Ruyle's in order for owners to be able to make future modifications if necessary, and further noted to Mr Ruyle that staff is working to insure that there are no zoning issues with the use of his property Mr Ruyle inquired if there is be a guarantee that there will be no zoning changes to his property in the future Mayor DonCarlos stated that he could not guarantee that there would be no zoning changes to Mr Ruyle's property Mr Noal Stephens stated that he lives at 5719 Sheppard Road and does not wish to be annexed into the city He stated that the services that the city will offer are already provided to him and his neighbors by the county, therefore, they have no need for them Additionally he stated that they don't want the extra noise traffic restrictions, and increased taxes that this annexation will bring Carmen Bail, Herman Tidwell, and Dimas Arredando although registered to do so did not speak At 5.49 P M. Mayor DonCarlos closed the first public hearing regarding agenda item I a MANAGERS REPORT There was no report ADJOURN A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Terry Sam adjourning the July 20, 2017, City Council Special Meeting The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Robert C Hoskins, Mayor Pro Tem David McCartney Council Member Laura Alvarado Council Member Terry Sam, Council Member Chris Presley Nays None City Council Special Meeting Minutes July 20 2017 Page 4 of 4 Other Council Member Charles Johnson (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the July 20 2017 City Council Special Meeting at 5.50 P M