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2017 08 31 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 31 2017 The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday August 31 2017 at 5.34 P M. m 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 Charles Johnson Council Member David McCartney Council Member Chris Presley Council Member Terry Sam 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 August 31, 2017, City Council Special Meeting with a quorum present at 5 34 P M. all members were present. I PROPOSED INVOLUNTARY ANNEXATION OF APPROXIMATELY 2511 ACRES OF LAND Director of Planning and Community Development Services, Tiffany Foster presented agenda items La.. 1 b. and Lc altogether a Consider an ordinance authorizing one or more Development Agreements with owners of property within the 2511 acres of land to be annexed b Consider an ordinance for the second and final reading of the proposed involuntary annexation of approximately 2511 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 c Consider an ordinance placing the newly annexed properties generally described as approximately 2511 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 City Council Special Meeting Minutes August 31 2017 Page 2 of 6 Flood Control drainage ditch, east of its intersection with John Martin Road in Harris County Texas, into Council District 3 Mrs Foster stated that this is the second and final reading for the involuntary annexation of approximately 251 1 acres She stated that Ordinance No 13,573. authorizes two (2) development agreements totaling over eight (8) acres, for two (2) properties on Cedar Bayou Lynchburg that have agricultural designations and Ordinance No 13,574 places the newly annexed properties in District 3 Richard Henderson, Johnny Jackson, John Jackson, Manuel San Miguel, Pepe Deen and Neal Stephens all registered to speak regarding the annexation. Mr Henderson stated that he's opposing the annexation because the City doesn't meet his needs nor does he want the burden that comes with the City's plan He noted with regards to the most recent issue that there was flooding near the freeway and further inquired that once the concrete is poured in their community where the water would go. He also inquired if the Highway 99 area was looked at for development and if this annexation was being done before the state changes the law regarding such. Additionally, Mr Henderson requested that he be given the right to vote on this annexation and noted that he d agree with the decision of his neighbors if so allowed Mr Johnny Jackson stated that his idea to stopping the traffic congestion on Garth Road was to stop issuing building permits to build on such road but rather demolish the old rotten buildings that are on Texas Avenue and let the developers build there instead He also stated that Council should utilize the golf course that the City purchased and develop there Mr Jackson stated that he had a recent issue with a member associated with City Hall at a business whereas he was approached in an unwelcoming manner that he didn't receive an apology for Additionally he stated that he's opposed to the annexation and requested that they be allowed to vote on it Mr John Jackson stated that he also is against the annexation and noted that the law with regards to involuntary annexation goes into effect December 1st which gives the right to the people to decide if they want to be annexed He further stated that Council is pushing this annexation for financial benefits as opposed to the concern for the people He stated that flus meeting should have been postponed due to the nature of the recent effects of Hurricane Harvey, but instead Council wanted to push this annexation through and hide it from the people Mr San Miguel stated that he's not opposing development, but does oppose this annexation and presented a document to the City Clerk to give to the Mayor for consideration Mr Deen stated that the opposes being in the City limits because it would affect his taxes and add restrictions to his country faun style living whereas he likes to raise chickens and goats Additionally, he noted that he has a small business and years ago when he was in the City limits, the restrictions caused him to sale the business and leave the City limits to operate elsewhere Additionally he also requested to be allowed to vote on this annexation Mr Stephens reiterated that he does not want to be in Baytown's City limit City Council Special Meeting Minutes August 31 2017 Page 3 of 6 Mayor DonCarlos noted for clarity that the positions of Mayor and Council are voluntary and that each current member has lobs outside of serving in such capacity He stated that all residents in the City of Baytown are welcomed to run for office and participate in the community affairs He further informed the residents that they would not have to pay City taxes until the year 2019, that the livestock concern is grandfathered in and they would not have to tie into the City's water and sewer unless their current system fails Council Member Presley stated that he was the person that was alluded to and was approached with negative comments about City Council in which he took offense to therefore he defended himself, as well as, the members of Council During further discussion Mr Henderson inquired as to what value are Connally and Sheppard Streets to the City Mayor DonCarlos stated that no residential area has a water taxable value to the City and providing services to this area would far exceed what would be received in property taxes He stated that the City's plan is to build a bigger thoroughfare through Bush Road and San Jacinto connecting it with the purpose of alleviating some traffic off of Garth Road He stated that their trying to not have gaps in coverage and there are annexations in most of the area near flus particular subdivision He further stated that there are conflicting jurisdictions of the police department and the sheriffs office, as well as, who provides fire coverage for this area He noted to the residents that they will receive a reduction in fire insurance because of the City's ISO 1 rating Additionally Mayor DonCarlos stated that the primary reason for this annexation is to have a plan to have an orderly community for the future planning of the other properties that's going to be developed to the north of this particular area A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member David McCartney approving Ordinance No 13 573 regarding agenda item l.a. The vote was as follows Ayes Mayor Stephen DonCarlos, Council Member Robert C Hoskins, Council Member David McCartney Council Member Laura Alvarado Council Member Terry Sam Mayor Pro Tem Chris Presley Nays None Other Council Member Charles Johnson (Abstain) Approved ORDINANCE NO 13,573 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO DEVELOPMENT AGREEMENTS WITH THE OWNERS OF CERTAIN PROPERTIES WITHIN THE PROPOSED 251 1 -ACRE ANNEXATION AND PROVIDING FOR THE EFFECTIVE DATE THEREOF City Council Special Meeting Minutes August 31 2017 Page 4 of 6 A motion was made by Council Member Terry Sam and seconded by Council Member Robert C Hoskins approving Ordinance No 13,553, regarding agenda item 1 b The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Robert C Hoskins Council Member David McCartney Council Member Laura Alvarado Council Member Tent' Sam Nays None Other Council Member Charles Johnson (Abstain), Mayor Pro Tem Chris Presley (Abstain) Approved ORDINANCE NO 13,553 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 2511 ACRES, 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, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS A motion was made by Council Member Robert C Hoskins and seconded by Council Member Terry Sam approving Ordinance No 13,574, regarding agenda item 1 c The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council Member Robert C Hoskins Council Member David McCartney Council Member Laura Alvarado, Council Member Terry San Nays None Other Mayor Pro Tem Chris Presley (Abstain) Approved City Conacil Special Meeting Minutes August 31 2017 Page 5 of 6 ORDINANCE NO 13,574 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ADDING APPROXIMATELY 2511 ACRES 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, SAVE AND EXCEPT THOSE PROPERTIES SUBJECT TO DEVELOPMENT AGREEMENTS INTO COUNCIL DISTRICT NO 3 REPEALING ORDINANCES INCONSISTENT HEREWITH CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF MUNICIPAL BUDGET 2017 18 FISCAL YEAR a Consider adopting or postponing the adoption of the City of Baytown Fiscal Year 2017-2018 Proposed Municipal Budget A motion was made by Council Member David McCartney and seconded by Council Member Robert C Hoskins approving to postpone the City of Baytown Fiscal Year 2017 2018 Proposed Municipal Budget to the September 07, 2017 The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council Member Robert C Hoskins Council Member David McCartney Council Member Laura Alvarado, Council Member Terry Sam, Mayor Pro Tem Chris Presley Nays None Approved Due to the fact that agenda items 3.a and 3.b were related to the budget, Mayor DonCarlos requested that they both be postponed to September 07, 2017 a Consider an ordinance authorizing the City Manager to negotiate a capital lease agreement through a cooperative purchasing program for the purchase of automatic side - loader garbage trucks and a multi -pack truck b Consider an ordinance authorizing the purchase of ten (10) automatic side -loader garbage trucks and one (1) multi -pack truck through a cooperative purchasing program City Council Special Meeting Minutes August 31 2017 Page 6 of 6 A motion was made by Council Member Charles Johnson and seconded by Council Member Robert C Hoskins approving to postpone agenda items 3.a and 3.b to September 07, 2017 The vote was as follows Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Council Member Robert C Hoskins, Council Member David McCartney, Council Member Laura Alvarado Council Member Terry Sam, Mayor Pro Tem Chris Presley Nays None Approved MANAGER'S REPORT With regards to the situation of Hurricane Harvey City Manager Davis stated that the EOC would be activated on September 01 2017 but noted that it would likely be that last day of full active operation Additionally, he noted that the phone bank would not be manned and phone calls would be routed through to the normal channels of communication Mayor DonCarlos extended appreciation to Council and administration for their support while working during the situation concerning the recent affects from Hurricane Harvey ADJOURN A motion was made by Council Member Robert C Hoskins and seconded by Council Member Charles Johnson adjourning the August 31, 2017, City Council Special Meeting The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council Member Robert C Hoskins Council Member David McCartney Council Member Laura Alvarado, Council Member Terry Sam, Mayor Pro Tem Chis Presley Nays None Approved With there being no further business to discuss 2017, City Council Special Meeting at 5:59 P M Leticia Brysch City Clerk City of Baytown Mayor DonCarlos adjourned the August 31, a