2005 01 31 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 31, 2005
6:30 p.m.
The City Council of the City of Baytown, Texas, met in special session on January 31, 2005, at
6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance:
Ronnie Anderson
Council Member
Sammy Mahan
Council Member
Don Murray
Council Member
Mercedes Renteria
Council Member
Scott Sheley
Council Member
Sheryl G. Ward
Council Member
Calvin Mundinger Mayor
Bob Leiper Deputy City Manager
Ignacio Ramirez, Sr. City Attorney
Gary W. Smith City Clerk.
The meeting was opened with a quorum present and Council Member Renteria led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Consider Proposed Ordinance No. 050131 -1, the second reading of the Ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and
being a 30.374 -acre tract situated in the W.C.R.R. Company Survey Number 1, Abstract
899, located north of Archer Road and west of Garth Road in Harris County, Texas
(Rosemont @ Garth).
Proposed Ordinance No. 050131 -1 is the second reading of the Ordinance annexing property
currently within the extra - territorial jurisdiction of the City of Baytown and being a 30.374 -acre
tract situated in the W.C.R.R. Company Survey Number 1, Abstract 899, located north of Archer
Road and west of Garth Road in Hams County, Texas (Rosemont @ Garth). SMD #1, Ltd., is
developing the property as multifamily housing with a commercial reserve. City Council
approved a petition to annex this property. In accordance with state law, two public hearings
were held on the proposed annexation on December 9, 2004, following publication in The
Baytown Sun on November 26, 2004, and posted on the City's web site on the same date, more
than ten days and less than 20 days prior to the public hearings. The ordinance was approved on
its first reading on December 29, 2004 and published in The Baytown Sun on December 30,
2004. The second and final reading may be held after 30 days following its first publication.
Steve Fess, 3023 Knight Lane, spoke in opposition to the annexation.
Craig Alter and Deepak Sulakie, 5910 North Central Expressway, Dallas, representing
Southwest Development, supported the annexation and stated that they were present to answer
questions.
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Minutes of the Special Session — January 31, 2005
Sheri Thomas, 3300 LaReforma, spoke in opposition to the annexation.
Shane Clausen, 2 Del Oro Court, spoke in opposition to the annexation.
Greg Terry, 3704 Del Oro, spoke in opposition to the annexation.
Alicia Gregorcyk, 3127 Knight Lane, spoke in opposition to the annexation
Mayor Mundinger explained that the City had little or no basis for appealing the decision to grant
the developer tax- exempt bonds. He stated that it was not proper for government to determine
who should live in the city or which businesses should be allowed in the city.
City Council debated the merits of the annexation and received the City Attorney's advice on
how the U. S. Department of Justice reviews actions related to annexation and that the burden is
on the City to establish good and sufficient reason to deny an annexation. Bob Leiper, Deputy
City Manager, explained that the developer is not seeking tax- exempt status related to Goose
Creek Consolidated Independent School District or City of Baytown ad valorem taxes.
Council Member Sheley moved to postpone the item until February 10, 2005 to allow staff to
present additional information. Council Member Anderson seconded the motion. After
additional debate, Council Member Sheley withdrew the motion and Council Member Anderson
withdrew his second of the motion.
Council Member Renteria moved approval of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: Council Member Anderson.
The motion carried.
ORDINANCE NO. 9973
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY
OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 30.374 -ACRE TRACT
SITUATED IN THE W.C.R.R. COMPANY SURVEY NUMBER 1, ABSTRACT 899,
LOCATED NORTH OF ARCHER ROAD AND WEST OF GARTH ROAD IN HARRIS
COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE
PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance No. 050131 -2, placing the 30.374 -acre tract situated in the
W.C.R.R. Company Survey Number 1, Abstract 899, located north of Archer Road and
west of Garth Road in Harris County, Texas, in Council District No. 3.
Proposed Ordinance No. 050131 -2 places the recently annexed 30.374 -acre tract situated in the
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Minutes of the Special Session — January 31, 2005
W.C.R.R. Company Survey Number 1, Abstract 899, located north of Archer Road and west of
Garth Road in Harris County, Texas, in Council District No. 3. Upon annexation property must
be placed in the proper Council District. The property is adjacent to other properties within the
City that are situated in Council District No. 3.
Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: Council Member Anderson.
The motion carried.
ORDINANCE NO. 9992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING A 30.374 ACRE TRACT SITUTATED IN THE W.C.R.R. COMPANY SURVEY
NUMBER 1, ABSTRACT 899, LOCATED NORTH OF ARCHER ROAD AND WEST OF
GARTH ROAD IN HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 3;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 050131 -3, the second reading of the Ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and
being approximately 140 acres of land located in the William Bloodgood Survey, A -4, and
the J. P. Sjolander Survey, A -1644, south of Needlepoint Road and east of Sjolander Road
and the adjacent portion of Needlepoint Road in Harris County, Texas (Hunters Creek).
Proposed Ordinance No. 050131 -3 is the second reading of the Ordinance annexing property
currently within the extra - territorial jurisdiction of the City of Baytown and being approximately
140 acres of land located in the William Bloodgood Survey, A -4, and the J. P. Sjolander Survey,
A -1644, south of Needlepoint Road and east of Sjolander Road and the adjacent portion of
Needlepoint Road in Harris County, Texas (Hunters Creek). Moody - Simmons Baytown 11, Ltd.,
and Moody- Simmons Baytown, Ltd., are developing the property as a single - family residential
subdivision. A portion of Needlepoint Road is included in the annexation. City Council
approved a petition to annex this property. In accordance with state law, two public hearings
were held on the proposed annexation on December 9, 2004, following publication in The
Baytown Sun on November 26, 2004, and posted on the City's web site on the same date, more
than ten days and less than 20 days prior to the public hearings. The ordinance was approved on
its first reading on December 29, 2004 and published in The Baytown Sun on December 30,
2004. The second and final reading may be held after 30 days following its first publication.
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Minutes of the Special Session — January 31, 2005
Council Member Mahan moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 9974
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY
OF BAYTOWN, TEXAS, AND THE ANNEXATION OF 140 ACRES OF LAND LOCATED
IN THE WILLIAM BLOODGOOD SURVEY, A -4, AND THE J. P. SJOLANDER SURVEY,
A -1644, SOUTH OF NEEDLEPOINT ROAD AND EAST OF SJOLANDER ROAD AND THE
ADJACENT PORTION OF NEEDLEPOINT ROAD IN HARRIS COUNTY, TEXAS; WHICH
SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY
LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance No. 0501314, placing the approximately 140 acres of land
located in the William Bloodgood Survey, A4, and the J. P. Sjolander Survey, A -1644,
south of Needlepoint Road and east of Sjolander Road and the adjacent portion of
Needlepoint Road in Harris County, Texas, in Council District No. 5.
Proposed Ordinance No. 050131 -4 places the recently annexed approximately 140 acres of land
located in the William Bloodgood Survey, A -4, and the J. P. Sjolander Survey, A -1644, south of
Needlepoint Road and east of Sjolander Road and the adjacent portion of Needlepoint Road in
Harris County, Texas, in Council District No. 5. Upon annexation property must be placed in the
proper Council District. The property is adjacent to other properties within the City that are
situated in Council District No. 5.
Council Member Renteria moved adoption of the proposed ordinance. Council Member Ward
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
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Minutes of the Special Session — January 31, 2005
ORDINANCE NO. 9993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING 140 ACRES OF LAND LOCATED IN THE WILLIAM BLOODGOOD SURVEY,
A -4, AND THE J.P. SJOLANDER SURVEY, A -1644, SOUTH OF NEEDLEPOINT ROAD IN
HARRIS COUNTY, TEXAS, AND THE ADJACENT PORTION OF NEEDLEPOINT ROAD
IN HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050131 -5, authorizing funds for the position of the full -
time Municipal Judge and Associate Judge(s).
Proposed Ordinance No. 050131 -5 directs the City Manager to appropriate funds from
contingency funds to provide the necessary funding for the costs associated with a full time
Municipal Court Judge. The 2005 budget included a total of $50,000 for funding the existing
judicial staffing. An unappropriated balance of $26,000 is currently available. It is estimated
that $57,000 is required to complete the year with a full time judge. Funding is available in
contingency funds.
Council Member Mahan moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 9994
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2004 -2005 BUDGET
FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS IN THE
CONTINGENCY FUND FOR THE FULL -TIME MUNICIPAL COURT JUDGE AND THE
ASSOCIATE MUNICIPAL JUDGE(S); MAKING OTHER REPRESENTATIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Discuss and take appropriate action regarding the appointment of the full -time Municipal
Judge and Associate Judge(s).
Each City Council Member and Mayor Mundinger stated their reasons for supporting a person as
Municipal Court Judge and each named Julie Escalante as the preferred candidate.
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Minutes of the Special Session — January 31, 2005
Council Member Mahan moved the appointment of Julie Escalante as the full time Municipal
Court Judge. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Adjourn.
Council Member Sheley moved that the meeting adjourn. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 8:04 p.m.
Gary W. Smith
City Clerk