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2017 10 10 CC Minutes, Special • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 10, 2017 The City Council of the City of Baytown, Texas, met in a Special Meeting on Tuesday, October 10, 2017, at 5:34 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 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 10, 2017, City Council Special Meeting with a quorum present at 5:34 P.M., all members were present with the exception of Council Member Sain who was absent. 1. PUBLIC HEARINGS a. Conduct the second 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. At 5:35 P.M., Mayor DonCarlos opened and conducted the second 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 since the last public hearing there were some changes made of the proposed annexation and further requested that staff go over such changes and boundaries. Planning Manager, Chris Chavis addressed general concerns as it pertained to the various areas of the annexations and then presented an overview of the public hearing regarding agenda item 1.a. City Council Special Meeting Minutes October 10,2017 Page 2 of 10 Mr. Chavis addressed the concern as to whether or not a property owner would be able to maintain and keep their septic system. He stated that a property owner would be able to keep their septic system as long as the system does not fail. He further stated that if their system fails, at that time the owner would have to connect to the City utilities that are provided. With regards to a concern as to how does the cost of a new water well and septic system compare to the cost of connecting to City services, Mr. Chavis stated that with the help of the Engineering Department, they were able to determine that the approximate cost for the full replacement of a well and septic system would be $20,000 and for the equivalent cost, one would be able to pay for all of the sewer tap fees,water tap fees, all meter fees, and be able to run approximately 150 feet of line onto the private property for that same amount of cost. Regarding the concern as to whether a home owner could continue to burn brush on their property, Mr. Chavis stated that approval from the fire code official would be required in order to do so. Mayor DonCarlos inquired for clarity if permits obtained for maintenance would not require for connection to City services. In response to Mayor DonCarlos's inquiry for clarity, Mr. Chavis stated that property owners could maintain their well and septic tanks without having to connect to City utilities. In presenting the overview of the second public hearing regarding agenda item l.a., Mr. Chavis provided a layout of the original proposed Barkuloo area and stated that in considering the concerns from the citizens, staff was able to review and trim out some of the original intended annexation area. He noted that at the intersection of Archer and Barkuloo the proposed annexation line was scaled back, with the main reason being that flight path was not accounted for and in addition to that, staff felt there would be some challenges with the pipeline corridor, as well as, noted that the commercial development on the property corner of Archer is maxed out on development. He stated that at the intersection of Cedar Bayou Lynchburg and Barkuloo staff scaled back to only the property on such corner as there's still redevelopment potential, which would not be extended any further than the properties that front on both Barkuloo and on Cedar Bayou Lynchburg. Gene Santana, Lee Larson, Amy Kaminski, Kathy Stuart, Susan Connor, Roland Larson, James Kaminski, Laura Stephens, Ramsey Humphrey, Linda Miks, James Miks, Patricia Robberson, Claude Stephens, and Dena Long all registered to speak regarding agenda item 1.a. Laura Stephens and Claude Stephens deferred their speaking time to James Kaminski. James Miks deferred his speaking time to Linda Miks. Mr. Gene Santana stated that he's on a fixed income and doesn't need the City services. He inquired as to why would the City annex his property, but not annex the airport. Additionally, he stated that he was told that the City was not equipped to fight a fire at the airport, but he canvassed the City and the firefighters could fight anything. Mayor DonCarlos stated to Mr. City Council Special Meeting Minutes October 10,2017 Page 3 of 10 Santana that his property was excluded in the presentation previously presented by Mr. Chavis. Council Member McCartney further noted to Mr. Santana that his concerns from the last public hearing was considered and staff made adjustments, which excluded his property from being annexed. Mr. Lee Larson stated that his property is on the east side of Barkuloo, specifically the corner of Cedar Bayou Lynchburg and Barkuloo. He stated that if the City is going to take a small section of the east of Barkuloo, they should take all of the east side of Barkuloo and further noted that the right thing to do is to not annex any of the properties. Ms. Kathy Stuart stated that she's 66 years old and when she lost her husband in 2016, which was her provider, she also lost 65% of her household income. She stated that she's a retired school teacher and a portion of her income is from K-Star's Kenneling, whereas she has breeding dogs. She stated that according to the City, she could only have three(3) dogs and if she cuts her kennel down, her additional financial support would be gone, while she would be faced with more taxes, more fees, and less income. For clarity purposes, Council Member Presley inquired if an owner applied for and was granted a kennel license, could they exceed the three (3) dog limitation. City Attorney, Ignacio Ramirez stated that there is a restriction of dogs if there's more than the required. Ms. Stuart further noted that she's had the kennel since 2004 and was approved by Harris County because she was not incorporated in Baytown and inquired if she would be grandfather in like livestock. Council Member Hoskins further inquired as to why this would not be grandfathered being that there's another location off of Highway 146 with farm animals, whereas, Council did grandfather in. Mr. Chavis stated that in the event that there is a commercial kenneling, upon a general observation and although a site inspection is still needed in order to make a full assessment, it appears as though the resident and the buildings of the property where the kennel is located is 100 feet from all of the nearest home and surrounding properties. He stated that Ms. Stuart has superseded the hurdle that indicates that she could continue,but is in wait of the site inspection and staff providing an assessment of her working on coming into compliance. Ms. Susan Connor stated that she needed clarity on the specifics to the property lines because there are two properties on the corner of Barkuloo and Cedar Bayou Lynchburg, in which she owns one of them. She stated that the property that's actually on the corner, wraps all the way around her property, which could have possibly been split when the annexation line was scaled back; therefore, she's wasn't sure if she was included in the annexation or not. Mr. Chavis provided a clearer layout of the property line in question and clarified that Ms. Connor's property was in fact included in the annexation. Ms. Connor further stated that they planned to retire in the country and enjoy their freedoms that the City does not have such as, bond fires and fireworks. Additionally, she noted that she's two years from retiring and requested that the City exclude them from the annexation. Mr. Roland Larson stated that he spoke with a gentleman at Teppco, who told him that an eight (8) inch water main cost him $75,000, from the road to his property, whereas, they went under the road and installed a fire hydrant. He stated that the gentleman also stated that to get sewer run it was going to cost him $175,000 to run down to North Main and go under North Main then connect to the City. He stated that the City is saying that it can't provide water to the airport City Council Special Meeting Minutes October 10,2017 Page 4 of 10 • when there's a 12 inch main going down Cedar Bayou Road, in which, Angel Brothers already has a two (2) inch meter there. He noted that the City could make a tap into the existing main to accommodate the airport. He further noted that the gentleman also stated that the City would be connecting to his eight (8) inch line once they start making water taps on Cedar Bayou Road. He stated that he's been in this area since 1970 and don't need any more responsibilities. Mr. James Kaminski stated that he made a call to the plumbing company who was involved in one of the last annexations for a quote to connect to septic and water service, in which his cost would be $25,000 as his property is approximately 400 feet off of the roadway. He stated that water would cost approximately $5,000 plus the cost of the meter to be purchased from the City, along with approximately $5,200 in connect fees for sewer and water that was quoted at the last meeting. He stated that he spoke with the person who provides quarterly inspections to his septic, in which he also installed in 2002, and was informed that if he put in a brand new system it would cost$7,200 and if the old one failed, to be redone completely would cost $8,000, which is much less than the cost to connect to City services. He further noted that water well would cost him approximately $10,000. Mr. Kaminski stated that he created a petition, in which there were people over the age of 80 who signed the petition that don't need the extra burden that comes with this annexation. During further discussion, Mr. Kaminski stated that the plumbing company also told him that when the City stated that they could keep their water well and sewer, it was not true because once the water line was installed to them, they were told that they had six (6) months to connect to the City utilities. He stated that the day before Hurricane Harvey hit was the first notice given to the public about this annexation. He stated that on August 15, 2017, Greg Abbott signed Senate Bill 6 that takes effect December 01, 2017, which gave the rights to citizens to vote on annexations, with regards to the City wanting to annex their property. He stated that it seems a little underhand that August 24th was the first meeting, the first letter came out on September 1st, in which he received on September 7th and the second letter went out on September 29th, with the first meeting being October 5th and the second meeting being the current, October 10, 2017. He stated that reading online the decision was to be made in the first part of November. Mr. Kaminski stated that when he first moved in house, they requested City services, but was told that it was not in the foreseeable future, so they made the investments of$10,000 for the water well along with $7,200 for the septic so that he could pass on his house to his children. Additionally, he requested that Council have compassion on him and the affected residents. Ms. Linda Miks stated that she lives at 6427 Crosby Cedar Bayou and takes care of the property on 6431 Crosby Cedar Bayou. She stated that her property is in the middle of a pipeline, next to the Harris County drainage ditch and the final approach of the airport goes between their two properties in the front and the brother-n-law's, which is in the back. She stated that her main concern was the cost. She stated that as it was mentioned that it was only going to cost $72 monthly, 51 properties in this area that she pulled from HCAD had an appraised value of $10 million and if adding a 20% homestead exemption, the taxes would be not be$800 per year, but would be $1,300 per property, which is $2,600 for her. With regards to the statement that the City's reason for annexing is to be able to manage land use for the City's future growth, she stated that the Chandler Arboretum was purchased by the City in 2010, and the maintenance of such property decreased significantly. She stated that she have 41/2 feet ditches that's part of the City Council Special Meetmg Mmutes October 10,2017 Page 5 of 10 Harris County drainage easement that's mowed by Harris County every other week, and further inquired if the City was going to take on that responsibility. She stated that when North Main was reworked, it was to the point where it sloped toward the pipeline property which causes her property to flood. Ms. Miks noted that the apartment complex on North Main in this area that drain towards her street have a retainage pond that's never full. Additionally, she stated that they are allowed once a month heavy trash pickup with a ten cubit yard capacity and inquired where the container would go as currently there's no shoulder on her road. Ms. Patricia Robberson stated that by looking at the revised drawing, it appeared that her property, 904 E. Cedar Bayou Lynchburg, was removed from the annexation, but further requested clarity of such. Mr. Chavis clarified that Ms. Robberson's property was excluded from the annexation. Ms. Dena Long stated that her family made a deliberate choice to live outside of the City limits and the City of Baytown is stripping away their right to choose where they want to live by imposing this involuntary annexation. She stated that if this annexation was a good deal for the residents, than the City shouldn't have any problem persuading people to support it voluntarily. She noted that they would be forced to pay increased taxes as well as regulation expenses. Additionally, she noted that as of the current date of this meeting, the City's website had incorrect posted information regarding taxes that could have caused those who received letters to be misled. Ms. Amy Kaminski stated that it was mentioned in the Baytown Sun that the average person would pay $72 monthly for taxes and further inquired of the Council of the average size property that the tax rate would be based on. Council Member McCartney stated that the average property value was based on $120,000. Ms. Kaminski stated that the average person in Baytown does not have the property that they have and that many of their properties were in the range of $375,000 and up. She stated that she estimated that her taxes would be approximately $256.25 a month and her mother's would be over $550 a month. Additionally, she stated that the additional expenses being imposed on them are more than just$72 a month and further requested that Council consider their concerns. At 6:25 P.M., Mayor DonCarlos closed the second public hearing regarding agenda item l.a. b. Conduct the second 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 6:25 P.M., Mayor DonCarlos opened and conducted the second 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 summarized the second public hearing regarding agenda item 1.b. and stated that this involuntary annexation of approximately 980± acres is based around the Sjolander and I-10 corridor. He stated that as staff considered the concerns of the citizens in the area and moved the City Council Special Meeting Minutes October 10,2017 Page 6 of 10 boundary northward, which essentially removed several residential lots, but maintains the development potential of the larger acres that fronts along Sjolander. Director Hoskins inquired as to why the school properties would not be inclusive. Mr. Chavis stated that the school properties would have no effect on redevelopment and could apply for a voluntary annexation. Winston Gardner, Emanuel Valladores, Mary Fayle, Cheryle Fayle, and Bill Black all registered to speak regarding agenda item 1.b. Mr. Gardner stated that he was concerned about the residential areas, but the boundary line was revisited which excluded them. He noted that his neighbor informed him that the City provides water services to the area from Archer Road to Cedar Bayou Lynchburg, but there were no fire hydrants and requested that Council look into it. Mr. Valladores stated that they own the property on 7320 East Freeway and inquired as to why the Chevron gas station was excluded from the annexation. It was noted that the Chevron station was already in the City limits. He stated that they were currently in the process of developing a building, in which they already have drawings submitted to Harris County and further inquired if they would still have to follow the City's regulations although they're already in the process with Harris County. He noted that in dealing with the City of Baytown, it's been 4 1/2 years and they're still unable to get their land plotted because of jurisdiction of easements and drainage. Additionally, he noted that the permitting process for the City of Baytown could be more customer friendly. Mr. Chavis noted that in the case as described by Mr. Valladores, the investment to the property would be grandfathered in. Ms. Mary Fayle stated that she resides at 6215 Sjolander, in which her property is 500 off of the roadway. She stated that she's a widow on a fixed income and when her husband passed in 2008, her income was reduced in half. She noted that she was troubled when she heard that there would be annexation meetings during the recovery of Hurricane Harvey, which was such a stressful time within the community. Additionally, she stated that this annexation should be tabled and postponed so that the Senate Bill 6 would be followed to the letter of the law. Ms. Cheryl Fayle stated that involuntary by definition means to be done against someone's will and takes away their rights. She stated that after December 1st, the citizens would give or not give permission to the City with regards to their property. She noted that at the last meeting the Mayor stated that it would take two (2) years to get water and further inquired as to what would happen if the wells failed within that time frame. In response to Ms. Cheryl Fayle's inquiry, Council Member McCartney stated that the citizen should fix it. Additionally, she noted that future City's growth would not happen on her 20 acres, as their home and livelihood is on that property. Mr. Black stated that he's 2,500 feet off of Sjolander Road and using the City's numbers of 150 feet being the breakeven point to connect to City services, would cost him approximately $350,000-$400,000,which is a ridiculous amount that he can't afford. He stated that although he's against the annexation, he requested that Council considers some sort of allowance, perhaps a hardship variance of maybe 200 feet to allow property owner assistance with connecting to City services if necessary. City Council Special Meetmg Minutes October 10,2017 Page 7 of 10 Council Member Presley inquired if there was a mechanism to allow for such assistance as requested. City Manager Davis stated that this request is something to discuss with Council. At 6:42 P.M., Mayor DonCarlos closed the second public hearing regarding agenda item 1.b. c. Conduct the second 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 6:42 P.M., Mayor DonCarlos opened and conducted the second 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 a summary of the second public hearing concerning the involuntary annexation of approximately 160± acres, which is south of I-10,west of Hwy 146, and north of Old Needlepoint Road. He stated that there also were changes to this annexation area, whereas, the boundary was scaled to exclude the properties in the bottom extension of the road closer to the bayou. He stated that there were some challenges to such area as the property is mostly in the floodway with the structures being in the flood zone which makes for redevelopment in this area to be severely hindered. Additionally,he stated that providing utilities in this area was also a challenge. John Dubose and Ann McDonald both registered to speak regarding agenda item 1.c. Mr. Dubose stated he was excluded from the annexation, but noted that because the higher officials thought the residents should vote on such annexations,the City should also. Ms. McDonald stated that residential homesteads should be excluded from these annexations and the City should only annex what's need for the development. At 6:49 P.M., Mayor DonCarlos closed the second public hearing regarding agenda item 1.c. d. Conduct the second 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::49 P.M., Mayor DonCarlos opened and conducted the second 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. City Council Special Meeting Minutes October 10,2017 Page 8 of 10 Mr. Chavis presented a summary of the second public hearing concerning the involuntary annexation of approximately 106.9± acres, which includes the area between Cedar Bayou, Barkuloo Road, Blue Heron Parkway, and Massey Tompkins Road. He stated that this area is already completely surrounded by the City limits and no changes were made to this particular area was, because the City has already invested infrastructure along Crosby Cedar Bayou through the annexation area, whereas,the utilities are currently there to service the area. James Adams, Gary VanDerbeek, Kathey VanDerbeek, William Karston, Heraldo Solis, Dottie Potts, and Bryan Potts all registered to speak regarding agenda item 1.d. Bryan Potts deferred his speaking time to Dottie Potts regarding agenda item 1.d. Mr. Adams stated that he has 19 acres, which is approximately 1,000 feet from the entry point with a driveway that starts on top of the railroad tracks and is a small area to get in and out. He stated that being that far back, sewer and water is out of the question and additionally inquired as to what advantages would they have by becoming a part of the City of Baytown. Mr. VanDerbeek stated that it appeared that there's something that Council was not telling the residents. He stated that he considers himself an expert on plumbing as he's worked for the largest plumbing company in Houston for 37 years and with such he expressed his concerns at the last meeting with regards to this not making sense. He stated with regards to trash pickup, that they have such a small strip of land that there's no place for the trash to go. He inquired as to where would the people behind him run their utilities, as they can't run it through his property because the City's ordinance prohibits such. Ms. VanDerbeek stated that she lives at 4403 Crosby Cedar Bayou Road and inquired if she would be allowed to keep her chickens, ducks, and call birds in the City limits. She stated that they only have one entry and exit from her driveway, which is impacted by the railroad. She further stated that there were multiple families that live behind them that have been there for 25 years and enjoy the outdoor living. Additionally, she requested an opportunity to vote on this annexation that she's opposed to. Mr. Karston stated that he lives at 4122 Crosby Cedar Bayou which is about 700 feet midway of a 1,300 foot road and noted that if he had a system failure,he couldn't afford it. Mr. Solis stated that he owns the property at 4120 Crosby Cedar Bayou, in which he purchased a few years ago to get out of the City of Baytown to live a country life. Additionally, he stated that he lives in the City and wasn't notified about this annexation and noted that he can't afford to put in the sewer and water lines. Mrs. Potts stated that they have a petition of signatures opposing this annexation. She stated that as she speaks for her neighbors, they feel that the City is invading their private property rights with rules, regulations, taxation, and making them pay for such. She stated that its 1,300 feet to the last house and there are five (5) property owners on her road that would not have services City Council Special Meeting Minutes October 10,2017 Page 9 of 10 brought down all the way. She further noted that they can't afford the extra expenses and requested that Council give them the opportunity to vote on this annexation. At 7:07 P.M., Mayor DonCarlose closed the second public hearing regarding agenda item 1.d. e. Conduct the second 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. At 7:07 P.M., Mayor DonCarlos opened and conducted the second 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 a summary of the second public hearing concerning the involuntary annexation of approximately 107.21± acres, that includes two (2) parcels, whereas, the entrance to the City in this particular area is the I-10 corridor and the development along John Martin going north. With there being no one registered to speak regarding agenda item l.e., Mayor DonCarlos closed the second public hearing at 7:08 P.M. Mayor DonCarlos stated that Council would consider all comments made on the annexations and make a decision in the near future. 2. MANAGER'S REPORT City Manager Davis stated that there was no report. Council Member Hoskins requested a comparative analysis between Harris County and the City of Baytown with regards to taxes to see if taxes go up. Finance Director, Wade Nickerson stated that Council was provided data showing what the City of Baytown would receive and further noted that staff didn't have the ability to get exactly what the residents were paying currently although it's considered public information. Additionally, Mr. Nickerson stated that staff would provide the requested information to Council regarding to include at least four (4) to five (5) properties for each annexed area. Council Member McCartney noted that the annexation is not just for commercial development, but is intended for residential subdivisions as well. He further noted that he have commercial property in Baytown and was affected by the zoning process by not being able to use his property for his original intent. Claude Stephens requested that Council listen to the residents and not take their property rights from them. City Council Special Meeting Mmutes October 10,2017 Page 10 of 10 Mayor DonCarlos stated that the City is not after the taxable value of the resident's property as the City is in good financial shape and further stated that it would cost the City more than what would be received from the residents' taxes. He stated that Council's responsibility is to take care of the City's land and plan for the growth of the City, which is the reason for annexations to include occasional involuntary annexations. He stated that this Council is trying to plan so that the City is orderly for generations to come and alleviate possible confusion when responding to certain situations. He stated that they are aware of the bill that was signed by the governor, which is going to be the death for a lot of cities, as he feels it was very short sided on behalf of the legislature. Additionally, he noted that very rarely do the City get request from someone asking to be annexed in the City. Council Member Presley further requested for staff to start the process and look into programs to help mitigate connecting to City services. 3. ADJOURN A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson adjourning the October 10, 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, Mayor Pro Tern Chris Presley Nays: None Other: Council Member Terry Sain (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the October 10, 2017, City Council Special Meeting at 7:27 P.M. e 15` t Leticia Brysch, City crk "~� ,.> ^"� � n City of Baytown �-\ a�;;• ?'