2007 12 06 CC Minutes, Special
MINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 6, 2007 – 5:00 p.m.
The City Council of the City of Baytown, Texas, met in special session on December 6, 2007, at
5:00 p.m. in the Council Chamber of the City of Baytown with the following in attendance:
Lena R. Yepez Council Member
Brandon Capetillo Council Member
Don Murray Council Member
Lynn A. Caskey, II Council Member
Stephen H. DonCarlos Mayor
Garrison C. Brumback City Manager
Robert D. Leiper Deputy City Manager
Ignacio Ramirez City Attorney
Lorri Coody City Clerk
Mayor DonCarlos called the meeting to order at 5:00 p.m. with a quorum present. Council
Members Sheley and Mahan were absent. Council Member Yepez was not present when the
meeting was called to order by joined the meeting at 5:05 p.m.
Mayor DonCarlos recognized State Representative Wayne Smith. Representative Smith
approached Council along with Mike Wilson.
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Representative Smith told Council that during the 80 Texas Legislature the House of
Representatives passed a Resolution naming Mike Wilson as the Baytown Citizen of the Year.
Representative Smith read the Resolution which recognized Mr. Wilson as a positive force in the
City, his business leadership, and his involvement in community organizations.
Mr. Wilson accepted the Resolution and thanked the Bank at which he works and his wife for
their support. He appreciated the award and the recognition.
PROPOSED ORDINANCES
Consider Proposed Ordinance amending Chapter 34 “Environment” of the Code of
Ordinances, Baytown, Texas, to add a new article to be numbered and entitled Article VIII
“Watershed Protection” to police and protect watersheds and streams within the City’s
boundaries and its extraterritorial jurisdiction.
City Manager Brumback explained that the Proposed Ordinance amends Chapter 34
“Environment” of the Code of Ordinances, Baytown, Texas, to add a new article to be numbered
and entitled Article VIII “Watershed Protection” to police and protect watersheds and streams
within the City’s boundaries and its extraterritorial jurisdiction. As such, the proposed ordinance
provides protections for the City’s water resources, including those that are subject to
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Minutes of the Special Session Meeting— December 6, 2007
degradation and pollution from point and non-point (stormwater) sources, erosion, sedimentation
and increased turbidity.
Mr. Brumback stated that it is necessary to conduct an executive session to seek the advice of our
City attorney before acting on this item.
EXECUTIVE SESSION
Recess into and conduct an executive session pursuant to Government Code, Section
551.071 to seek the advice of the City’s attorney about a potential watershed ordinance and
contemplated litigation concerning the proposed barge terminal development along Cedar
Bayou.
Mayor DonCarlos announced at 7:07 p.m. that Council would recess into and conduct an
executive session pursuant to Government Code, Section 551.071 to seek the advice of the City’s
attorney about a potential watershed ordinance and contemplated litigation concerning the
proposed barge terminal development along Cedar Bayou.
Mayor DonCarlos re-convened the meeting at 7:22 p.m. and announced that no action was taken
in executive session.
Mayor DonCarlos recalled the following item for action:
Consider Proposed Ordinance amending Chapter 34 “Environment” of the Code of
Ordinances, Baytown, Texas, to add a new article to be numbered and entitled Article VIII
“Watershed Protection” to police and protect watersheds and streams within the City’s
boundaries and its extraterritorial jurisdiction.
Council Member Caskey moved to approve the Ordinance. Council Member Capetillo seconded
the motion.
City Attorney Ignacio Ramirez stated that the Ordinance be accepted with the “blue lined”
changes submitted and presented on pages 3 and 4, and that the words “lawful and permitted” be
inserted in the definition for Existing Development as follows:
Existing Development means lawful and permitted land uses, developments and activities
existing prior to December 16, 2007.
Council Member Caskey approved the amendments. Council Member Capetillo seconded the
amendments. The vote follows:
Ayes: Council Members Murray, Capetillo, Caskey, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Special Session Meeting— December 6, 2007
MANAGER'S REPORT
There was no report made.
ADJOURN
With no additional business to conduct, Mayor DonCarlos moved to adjourn the meeting. The
vote follows:
Ayes: Council Members Murray, Capetillo, Caskey, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
The meeting adjourned at 5:25 p.m.
______________________________
Lorri Coody, City Clerk