2017 10 05 CC Minutes, Special MINUTES OF THE SPECIAL MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
October 05, 2017
The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday, October
05, 2017, at 5:32 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
Charles Johnson Council Member
David McCartney Council Member
Chris Presley Council Member
Terry Sain 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 October 05, 2017, City Council Special Meeting with a quorum
present at 5:32 P.M., all members were present.
Mayor DonCarlos noted that the Council would be conducting a series of public meetings this
evening regarding five (5) different annexations. He stated that there were five (5) different
signup sheets outside of the chamber, one (1) for each annexation and that it would be best if
those present would speak at the hearing that relates to their specific property. Additionally, he
went through the lists of speakers, in order to ensure that everyone that signed up gets the
opportunity to be heard.
1. PUBLIC HEARINGS
a. Conduct the first public hearing concerning the involuntary annexation of
approximately 340 acres, generally located south of Interstate 10, north of Blue Heron
Parkway, east of North Main Street, including multiple parcels to the east and west of
Barkuloo Road, and the Crosby Cedar Bayou Road right-of-way, south of Interstate 10 to
the southern point that intersects with Barkuloo Road in Harris County,Texas.
Mayor DonCarlos stated that today's public hearings are being held for the purpose of giving all
interested persons the right to speak and be heard. He stated that everyone desiring to speak at
today's hearings should have signed the appropriate lists in the foyer, as these lists would
provide the speaking order for the hearings. He stated that each speaker should give his/her name
and address, in order to provide a proper record of these hearings. Mayor DonCarlos stated that
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October 5,2017
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the rules allow each speaker three (3) minutes to present information; however, he encourage
everyone to be as brief and to the point as possible and to please not restate the comments of
other speakers. Additionally, he stated requested that all questions be directed to him and with
the aid of the City staff,he should attempt to have the questions answered.
At 5:32 P.M., Mayor DonCarlos opened and conducted the first public hearing concerning the
involuntary annexation of approximately 340 acres, generally located south of Interstate 10,
north of Blue Heron Parkway, east of North Main Street, including multiple parcels to the east
and west of Barkuloo Road, and the Crosby Cedar Bayou Road right-of-way, south of Interstate
10 to the southern point that intersects with Barkuloo Road in Harris County, Texas.
Principal Planning Manager, Christopher Chavis stated that all of the areas subject to the
annexation hearings today were areas important to the short and long term growth of the City.
Additionally, he stated that the majority of the areas were already surrounded by the City
jurisdiction; however, each annexation would be reviewed and summarized for the purpose of
this first public hearing.
Mr. Chavis presented an overview of the first public hearing regarding agenda item l.a. and
stated that the area subject to this hearing is approximately 340 acres, plus or minus a few acres
and includes 104 parcels. He stated that the existing conditions of the area include mostly single
family residential dwellings, a half site built mobile homes and some institutional uses; such as:
churches. He stated that the comprehensive plan for this area is low to medium density
residential and essentially the long term idea for this area is to transition from the commercial
development on N. Main into residential areas heading towards Barkuloo Road. Mr. Chavis
stated that there were a number of development agreements to be offered in this area, which
include an estimated 50 acres, in which overall this development would sure up the growth of
Baytown along the Barkuloo corridor. He noted that the areas that protrude at the corner of
Barkuloo and Archer Road, as well as, Cedar Bayou Lynchburg and Barkuloo staff felt that the
City's boundaries should be extended in those particular areas to capture them for future
commercial development, as commercial developers are attracted to intersections of major roads.
Mayor DonCarlos noted the following items prior to calling the public speakers to the podium
were:
• if anyone lives in this area and has livestock, they would be able to keep their livestock as
they are grandfathered in and the City would not require them to get rid of their livestock;
such as cattle,horses and chickens;
• those structures that have well water and septic systems, would not be required to tie into
the City's water and sewer system, as long as those systems continue to function; City
water and sewer would be available at some point in the future should they want to tie
into City services; new residents would have to pay for the water and sewer services; and
• new residents would be required to use the City's garbage system, which they would be
billed for accordingly.
Mayor DonCarlos stated that he would begin calling out names for speakers to come forward to
the podium; however, if anyone sees their area up on the screen and they don't hear their name,
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October 5,2017
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to please raise their hand to come forward one by one in order for him to cross off their names on
any of the many signup sheets for tonight.
Jessie Rodriguez, 1717 East Archer Road, stated that his main concern was the additional taxes
that come from the annexation and asked how much of the frontage area of his property would
be taken to in order to place the water and sewer lines and fire hydrants. Additionally, he asked
how far the lines would be from his home if he wanted to tie into the City's system, because he
did not want to pay an exorbitant amount of money to run lines and connect for these services.
Mr. Chavis noted that the details of the lines and the tie-ins into the City's system were not
detailed currently, but that staff would look into getting that information together for the next
public hearing.
Mayor DonCarlos stated that generally the City utilities would run along the major roads and
arterials and in this case both Archer and Barkuloo were likely locations for City utilities. City
Engineer, Jose Pastrana stated that utilities were planned to go along major roadways to include
Archer and Cedar Bayou Lynchburg, so the City lines would run along Mr. Rodriguez's property.
Mr. Pastrana stated that in the N. Main area annexation, utilities were run along every roadway,
in order for every house to have the opportunity to tie into the City's water and sewer system.
Mr. Pastrana further noted that utilities would run on the frontage areas closest to the roads and
the residents would have to pay to run the pipes from their home to the front of their property;
therefore, if homes were 3,000 feet from the road, then that is the cost that the resident would
incur.
Gene Santana, 6002 Barkuloo Road, state that his property is located on the corner of Archer and
Barkuloo, and wanted to know why other lots around him were not included with this
annexation. He stated that the corner lot that's 20 feet from his home and is being included in the
annexation, in which they just had all of the trees cut/trimmed due to FAA requirements and its
proximity to the airport. He noted that he didn't believe that this area would ever be able to
develop into a commercial development. because the planes now come in 20 feet above the
property. He also asked why the airport was not being annexed. Lastly, he noted that he didn't
want to have to pay additional taxes on a piece of property that he can't really develop because of
its proximity to the airport.
Mr. Chavis stated that Mr. Santana's property does come to a point at Archer and Barkuloo and
was captured mainly because of his location on this corner. He reiterated that staff identified
intersections that were potential commercial hubs and stated that the airport was not being
considered for annexation currently as it requires additional service requirements than those for
residential or commercial developments, in which staff was not in a position to undertake that
type of assessment at the current time.
Lee Larson,4812 Barkuloo Road, stated that he did not agree with the annexation plans as he did
not want to pay for additional taxes nor did he want any services from the City. He stated that
this annexation would be a hardship on him and other residents of the area.
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Council Member McCartney stated that an average person's taxes that are annexed into the City
would increase by $72.00 a month or $00.80 cents on a $100, and the services that are received
in return are well worth it. Mayor DonCarlos also noted that new residents would also receive
the City's new fire rating, which would help reduce their home insurance rates.
James Kaminski, 623 Laurel Lane off of Barkuloo Road, stated that he opposed to the
annexation. He stated that he moved out to this area to have property and engage in the activities
that he wanted without the restrictions and regulations of the City. He noted that he collected 31
signatures from surrounding neighbors, which are all in opposition of this annexation.
Additionally, he stated that he didn't see his return on his investment as it related to City taxes
versus City services and noted the he doesn't want or need City services.
Amy Stewart Kaminski, 623 Laurel Lane, stated that she and her family didn't need City
services, because her family is self-sufficient and doesn't need or want of anything. Mrs.
Kaminski stated that her children wanted to know if they would still be able to have fireworks at
their home should the City annex this area. Mayor DonCarlos stated that should this area be
annexed they would have to comply with the fireworks ordinance, which prohibits fireworks
within the City limits of Baytown. Mrs. Kaminski also asked what would happen as their
livestock died and if their chickens could be replaced as they died. Mayor DonCarlos stated that
they would be able to maintain their chickens.
Dena Long, 500 Hartrick Lane, 706 Cedar Bayou Lynchburg and 5103 Barkuloo Road, stated
that she didn't want to be annexed as she did not want the City's services, taxes, restrictions and
regulations. Ms. Long inquired if she would be required to pull a permit from the City in regards
to repairs for her water well and septic system, whether she would have to connect to City
utilities should these systems fail and would the property be grandfathered in should she decide
to sell the properties. Mayor DonCarlos stated that she would need a permit to repair her water
well and septic system; should these systems fail she would at that time have to connect to the
City's utilities if they are available, and these properties would be grandfathered in for the new
owners, should she sell any of the properties. Ms. Long requested that the City consider allowing
her to replace the water well and septic system should it fail since she believes this to be less
costly rather than running lines to connect to City utilities lines.
Mr. Pastrana stated, in response from the Council asking for the cost of running lines to connect
to the City's water and sewer lines that he was not in a position to give the costs associated with
these types of connections as he was not aware of the specific circumstances of each property
owner. Council requested that staff look into these estimates.
Roland Larson, 5629, 5703 & 5704 Barkuloo Road stated that he is a licensed plumber by trade
and has a mobile home park on these properties. He stated that he doesn't want the additional
taxes as the additional economic burden would make it difficult to keep his mobile home park
business.
James Mossengile, 322 E Cedar Bayou Lynchburg Road, stated that he had two comments: 1)
the City doesn't do upkeep to water lines as he has had issues with the water line running
through his yard for an extended period of time now; and 2) doesn't want to live in Baytown.
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Deputy City Manager Bottoms stated that staff noted Mr. Mossengile's address and would be
looking into his concerns about the water line in front of his property.
Mayor DonCarlos allowed Mr. Kaminski to present additional comments. Mr. Kaminski stated
that between his home and his mother-in-laws home, their property consisted of nine (9) acres
and wanted to know if he would be able to continue to do outdoor burning. Mayor DonCarlos
stated that outdoor burning would not be allowed as they would have to comply with the Code
and the City would collect said limbs if they are placed on the curb for collection.
Mayor DonCarlos allowed Mr. Roland Larson to present additional comments. Mr. Larson stated
that he wanted.to continue to use his property as he always had and noted his concern with the
City's ordinances related to parking on the lawns and outdoor storage.
Mayor DonCarlos allowed Mr. Gene Santana to present additional comments. Mr. Santana asked
if the City provided fire services to the airport and what were the fire protection requirements for
the airport. Mr. Chavis clarified that staff has not conducted an analysis of whether or not the
City has the capability to handle fire protection services for the airport in question. Mayor
DonCarlos stated that staff would review this item further.
Kathy Stewart, 622 Lauren Lane, stated her concerns of being able to keep her dog kennel where
she breeds and sells Pomeranian dogs for her livelihood. She noted that she's permitted by Harris
County for said kennel and currently has 12 dogs. Mayor DonCarlos stated that staff would look
into this item and give her an answer.
Mayor DonCarlos allowed Ms. Dena Long to present additional comments. Ms. Long requested
clarification regarding the tax rate. Mayor DonCarlos stated that the tax rate for the City is
.82203 for both residential and commercial properties.
At 6:27 P.M., Mayor DonCarlos closed the first public hearing regarding agenda item 1.a.
Mayor DonCarlos allowed Mr. James Mossengile to present additional comments. Mr.
Mossengile asked who decides when a property is considered commercial and what is considered
residential. Mayor DonCarlos stated that staff has identified corners as possible commercial
development, but not all areas would become commercial and those that are residential would
remain so, as the City does not want to turn people's homes in to commercial property. Mr.
Mossengile asked if he could use a fire plug near his house. Mayor DonCarlos stated that the
City does not install plugs or utilities on private property nor can he say if he can use the plug in
question as he does not know who owns the plug in question.
Mayor DonCarlos allowed Mr. Gary Vanderbeek, 4403 Crosby Cedar Bayou to present
comments. Mr. Vanderbeek stated that he is an experienced plumber and noted the requirements
for the installation of a fire plug.
Mayor DonCarlos noted that he wanted to remind everyone that there would be additional public
hearings regarding these annexations, so this would not be the only time that they would be able
to express their opinions or concerns. He further noted that staff would work on getting answers
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October 5,2017
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to the questions noted today and that the next public hearing date is next Tuesday, October 10,
2017, at 5:00 P.M. Mayor DonCarlos, Council Member Alvarado, and Council Member Johnson
excused themselves from the meeting; therefore, Mayor Pro Tem Presley governed the
remainder of the meeting.
b. Conduct the first public hearing concerning the involuntary annexation of
approximately 980 acres, generally located south of Interstate 10, east of Crosby Cedar
Bayou Road, including multiple parcels east and west of Sjolander Road in select areas,
and north and south of Archer Road in select areas,in Harris County,Texas.
At 6:35 P.M., Mayor Pro Tern Presley opened and conducted the first public hearing concerning
the involuntary annexation of approximately 980 acres, generally located south of Interstate 10,
east of Crosby Cedar Bayou Road, including multiple parcels east and west of Sjolander Road in
select areas, and north and south of Archer Road in select areas, in Harris County, Texas.
Mr. Chavis presented an overview of the first public hearing regarding agenda item 1.b and
stated that this area is an estimated 980 acres and is generally rural character development;
however, it is important to the City, because of its major corridor along I-10 and its arterial
corridor along Sjolander Road. He stated that there's a smattering of commercial developments
along I-10 and there are large acreage homes along Sjolander Road. He stated that the future land
use plan for this area consists of a commercial corridor, business park development, and high
density residential and low to medium density residential. Additionally, he stated that this
particular area has about 500 acres related to agricultural agreements that are available and being
considered by the residents in question.
Mayor Pro Tem Presley stated that there are five (5) people signed up to speak on this item and
asked that the people come up to the podium to speak as he calls their names.
Ms. Cheryl Fayle, 4409 Crosby Cedar Bayou, donated her time to Mr. Winston Gardner. Mayor
Pro Tern Presley noted that Mr. Gardner has six(6)minutes to speak on this item.
Winston Gardner, 6205 Sjolander Road, stated that he's a long time resident of the area and that
he visited with many of his neighbors regarding the annexation and none of them are in favor of
the annexation, with eleven (11) out of fifteen (15) homeowners objected. He recommended
moving the annexation line on the east boundary to the back property line of each homeowner's
property and exclude their homes as they are already developed. He stated that he estimated
water and sewer fees and that to connect to these services the homeowners would incur high
costs. He further stated that he was informed that properties could not be annexed if the City did
not have water and sewer available to serve the area. Council Member Hoskins noted that the
City has, per State Law,two (2) years from the time of annexation to provide these services.
Mary "Tammy" Fayle, 6215 Sjolander Road, stated that she wrote a letter to The Baytown Sun
opposing the annexation of her property. She noted that she was a resident of Baytown at one
time and made a conscious decision to move outside of the City limits. She noted that she does
not want the additional taxes nor does she want any City services and amenities. Ms. Fayle stated
that other residents have commented to her that they have not gotten services from the City after
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October 5,2017
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their annexation. She requested that her twenty (20) acres of land be removed from the
annexation.
Bobby Norris and Betty Norris were registered to speak, but were not present at the time their
names were called.
At 6:46 P.M., Mayor Pro Tern Presley closed the first public hearing regarding agenda item 1.b.
c. Conduct the first public hearing concerning the involuntary annexation of
approximately 160 acres, generally located south of Interstate 10, west of State Highway
146, north of Old Needlepoint Road, and east of Cedar Bayou, including multiple parcels,
in Chambers County, Texas.
At 6:47 P.M., Mayor Pro Tem Presley opened and conducted the first public hearing concerning
the involuntary annexation of approximately 160 acres, generally located south of Interstate 10,
west of State Highway 146, north of Old Needlepoint Road, and east of Cedar Bayou, including
multiple parcels, in Chambers County, Texas.
Mr. Chavis presented an overview of the first public hearing regarding agenda item 1.c. and
stated that this annexation area is completely surrounded by the City limits and is near the SH
146 and I-10 corridor and intersection. He stated that the area consist of approximately 160±
acres with fourteen (14) parcels of which five (5) are identified for single family residential use.
He stated that the long term plan for this area, as it relates to the comprehensive plan, is for a
commercial corridor along 1-10 and SH 146 with high density residential and low to medium
density residential development.
J. David Bradshaw, 9735 Old Needlepoint Road, stated that his property and one other are at the
end of the area, and it does not seem feasible that the City would run that much infrastructure at
such a high cost for these two (2) properties. Additionally, Mr. Bradshaw requested that the City
remove the two (2) properties from the annexation.
John Dubose, 9603 Old Needlepoint Road, stated that he doesn't want to be in the City and
requested that the two (2) properties in question be removed from the annexation as noted by Mr.
Bradshaw previously.
At 6:56 P.M., Mayor Pro Tern Presley closed the first public hearing regarding agenda item 1.c.
d. Conduct the first public hearing concerning the involuntary annexation of
approximately 106.9 acres, generally located east of Barkuloo Road, south of Blue Heron
Parkway, north of Massey Tompkins Road, including the Crosby Cedar Bayou Road right-
of-way and multiple parcels to the east and west of Crosby Cedar Bayou Road, in Harris
County, Texas.
At 6:56 P.M., Mayor Pro Tern Presley opened and conducted the first public hearing concerning
the involuntary annexation of approximately 106.9 acres, generally located east of Barkuloo
Road, south of Blue Heron Parkway, north of Massey Tompkins Road, including the Crosby
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October 5,2017
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Cedar Bayou Road right-of-way and multiple parcels to the east and west of Crosby Cedar
Bayou Road, in Harris County,Texas.
Mr. Chavis presented an overview of the first public hearing regarding agenda item 1.d. and
stated that this annexation incudes of approximately 106.9± acres of land of about 33 parcels, all
of which residentially developed, with the majority of them being between one (1) to five (5)
acres in acreage. Additionally, he stated that the comprehensive plan for this area is to be
completely residential, low to medium density residential and is not affected by any major
thoroughfares.
Jared Norris, 4417 Crosby Cedar Bayou, stated that he purchased the land, but does not at this
time reside on it. He stated his concern revolved around the building of his future home as he
would share the driveway entrance with a number of other homes. He stated that all of the homes
in the area have well water and septic tanks and he doesn't believe that it's feasible to run
utilities from the road to each of these homes. Mayor Pro Tern Presley requested that a member
of the Planning and Development Services Department speak to Mr. Norris to help him with the
permitting concerns and questions.
Gerald Norris, 4415 Crosby Cedar Bayou, stated that they purchased this property in an area that
is all family owned. He stated that his driveway is about 2,500 feet off of Crosby Cedar Bayou,
so he has concerns about the feasibility of accessing City utility lines. He noted that his concerns
were related to his ability to continue to burn small limbs on his property as he has a lot of
wooden areas. Additionally, Mr. Norris stated that while he doesn't have a problem with the
City,he does not want to be annexed.
Gary Vanderbeek, 4403 Crosby Cedar Bayou, stated that he lives on the property that was
previously described by the other speakers. He stated that there's 938 feet of frontage on his
property and is a plumber by trade. He noted that he didn't see how the City could run the
necessary utilities to these homes and that he was not in favor of the annexation.
Ramsey Humphrey, 6301 N. Main stated that he signed up to speak on a previous hearing and
his name was not called. Mayor Pro Tem Presley stated that the hearing he signed up for was
already closed, so he recommended that he come back for the second public hearing on October
10, 2017, at 5:30 P.M. and make his comments at that time.
Mr. James Adams, 4413 Crosby Cedar Bayou, asked if the City had anyway to stop the railroad
from stopping in the middle of the railroad tracks close to his house. He noted that he didn't want
to pay any more taxes and had some concerns about the lines being run to his house when there's
only one(1)driveway to all of their homes.
At 7:17 P.M., Mayor Pro Tern Presley closed the first public hearing regarding agenda item 1.d.
e. Conduct the first public hearing concerning the involuntary annexation of
approximately 107.21 acres, generally located on the northwest corner of Interstate 10 and
John Martin Road, and legally described as Tract 1, Block 46 and Tract 50, Block 45,
Elena Fruit& Cotton Farms,Unit C, Harris County,Texas.
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October 5,2017
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At 7:17 P.M., Mayor Pro Tern Presley opened and conducted the first public hearing concerning
the involuntary annexation of approximately 107.21 acres, generally located on the northwest
corner of Interstate 10 and John Martin Road, and legally described as Tract 1, Block 46 and
Tract 50, Block 45, Elena Fruit &Cotton Farms, Unit C, Harris County,Texas.
Mr. Chavis presented an overview of the first public hearing regarding agenda item 1.e and
stated that this annexation of approximately 107.21± acres of land. He stated that the interest lies
in the fact that these are large vacant tracks along the I-10 corridor and that the future land use
plan has this area as a commercial corridor and low to medium density residential development.
With there being no one registered to speak regarding agenda item 1.e., Mayor Pro Tern Presley
closed the first public hearing at 7:19 P.M.
Mayor Pro Tern Presley stated that before moving on to the next item, he requested that
Engineering staff look into some of the question noted tonight about road borings, lift stations,
pumps, and other connection questions.
Council Member Hoskins requested that the staff take an example from the areas being annexed
and do an analysis of the taxes before and after annexation, as well as, insurance rates to see the
actual impacts to the residents.
2. REPORTS
a. Receive the 2017 Appraisal Rolls certified by the Harris County Appraisal District
and the Chambers County Appraisal District.
Finance Director, Wade Nickerson stated that the 2017 Harris County Appraisal Roll was
certified on August 21, 2017 and had a total taxable value of $ 3,135,119,173, and the 2017
Chambers County Appraisal Roll was certified on July 20, 2017, and had a total taxable value of
$ 199,056,318. Additionally, he noted that no action was required by the Council as they were
only receiving the rolls.
3. 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.
4. ADJOURN
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October 5,2017
Page 10 of 10
A motion was made by Council Member Terry Sain and seconded by Council Member David
McCartney adjourning the October 05, 2017, City Council Special Meeting. The vote was as
follows:
Ayes: Member Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Mayor Pro Tem Chris Presley
Nays: None
Other: Mayor Stephen DonCarlos(Not Present for Vote), Council Member
Charles Johnson(Not Present for Vote), Council Member Laura Alvarado
(Not Present for Vote)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the October 05,
2017, City Council Special Meeting at 7:24 P.M.
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