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
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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
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July 20 2017
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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
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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