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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. th 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 Page 2 of 3 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. Page 3 of 3 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