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
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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
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August 31 2017
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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
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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
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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