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2004 09 23 WS MinutesMINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 23, 2004 The City Council of the City of Baytown, Texas, met in work session on September 23, 2004, at 5:00 p.m. in the Council Chamber, Baytown City Hall, Baytown, Texas, with the following in attendance: Ronnie Anderson Mercedes Renteria III Scott Sheley Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Absent was: Don Murray Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk Council Member The meeting was opened with a quorum present after which the following business was conducted: Discuss proposed amendments to the Smoking Ordinance. Gary Jackson, City Manager, reviewed the minutes of the Council meetings during which the Smoking Ordinance was originally adopted and amended one month later. For Council's consideration, staff prepared two versions of the ordinance. Draft A is exactly the same as presented at the last meeting. It provides for a definition of areas relating to existing buildings and provides for a request for variance to City Council. Based on the research conducted since the last meeting, the definitional distinctions proposed in Draft A are not necessary. The minutes from the March 11, 1999 meeting state as follows: In drafting the amendment to the smoking ordinance as approved by the City Council at its last council meeting, another amendment is necessary to achieve the City Council's intent regarding a designated smoking area. In the new ordinance, the size of a designated smoking area is measured solely by the number of available seats in the public place. However, because the number of seats may not be an appropriate measurement of the area of a public place actually used by the public, this proposed amendment limits the size of a designated smoking area (i) for eating establishments to no more than 50% based upon the number of seats available in its seating area and (ii) for all other public places to no more than 50% based upon the net floor area used by and accessible to the public. Furthermore, the amended ordinance clarifies that an area specified as a designated smoking area may not include restrooms, service lines, waiting areas, public telephone areas, and other common areas used by the public. Page 2 of 4 Minutes of the Work Session — September 23, 2004 If Council desires to stay with the intent of the amendment enacted on March 11, 1999, there is no need to change the definitions. The second section of Draft A moves the waiver authority from the Director of Health to City Council. Draft B -1 directs the appeals to the Construction Board of Adjustments and Appeals. This is an existing board, created under the Building Code, with specific criteria to be considered on appeal. These criteria are set forth in Section 18 -60 of the Code of Ordinance, City of Baytown, Texas. Council Member Mahan arrived at 5:14 p.m. Much time and effort went into creation of the Smoking Ordinance. The history indicates that a designated smoking area may not exceed 50% of the seating area in a restaurant or 50% of the floor space in any other public building. The ordinance does not fully explain how these limitations apply. Is it Council's intention to limit the percentage of seats in a restaurant to the dining area or will all seats in the restaurant be included? To provide greater clarity, staff has prepared Draft B -2 to limit the designated smoking area to 50% of the seats in the dining area of a restaurant and 50% of the floor area in any other public building. Mayor Mundinger noted that the ordinance has worked well for five years and supports Draft B- 1. It is better to have the Construction Board of Adjustments and Appeals to consider variances. The proposed ordinance provides clarity and improves the current ordinance. Council Member Anderson agreed with Mayor Mundinger and added that the proposed ordinance provided for an eventual appeal to City Council. Council Member Sheley stated that the proposed ordinance amendment does not affect the health, safety, or welfare of the public. The amendment will provide flexibility to support revitalization of existing buildings. Receive presentation and discuss the Baytown Outdoor Festival. Tricia Thompson explained that the Steering Committee has held four meetings and has many enthusiastic volunteers. To assist the development of the Festival, the Committee desires to create a non -profit corporation to promote the event. The non -profit corporation will serve as a firewall between the donation and the City finances and will be used to receive and distribute money for the festival and donate funds for the promotion and improvement of the facilities. The non - profit corporation will also be used to seek on -going investments. Mayor Mundinger stated that the non -profit corporation is the optimum vehicle to help obtain corporate sponsors for the event. Discuss repairs to the Ships Store. Mr. Jackson reminded Council of the settlement for repairs to the Ships Store. Hall Barnum and Lucchesi, our architects, have submitted their report on the needed repairs. Page 3 of 4 Minutes of the Work Session — September 23, 2004 Bob Leiper, Assistant City Manager, introduced an alternate method for contracting for repairs and maintenance services, Job Order Contracting. Job Order Contracting can be obtained through the Cooperative Purchasing Network. The Network solicits bids for construction and maintenance services. The vendors are selected based on the bids submitted. The Cooperative Purchasing Network then publishes the services, contractors, and prices in a book. The book is used to determine the contractor for and cost of the needed services. If the cost for repair is attractive, a contract will be brought to City Council for approval. If it is not attractive, detailed bid specifications will be developed, and the project will be submitted to competitive bidding. With Job Order Contracting, the contractor is known. Mr. Leiper asked Council for feedback on the proposal. Council Member Anderson supported the concept, as it appears to save time and money. Council Member Sheley asked for assurance that local vendors are educated to participate in the program, as well as businesses that are owned by women and minorities. Mayor Mundinger asked that additional information be provided to City Council on the mechanics of Job Order Contracting. Mr. Leiper explained that all of the items have been bid and the vendors are encouraged to use qualified local firms to conduct the actual work. Mr. Jackson stated that additional information will be provided at the next work session and an action item will be included on the next Council agenda. Receive and discuss update on the street maintenance sales tax. Mr. Jackson stated that the voters had approved the 0.25% sales tax for street maintenance. Collection will begin on October 1, 2004 and the first payment will be received by the City in December 2004. Mr. Leiper reviewed the plans for use of the sales tax revenues, a crack seal program at $150,000 per year; the concrete contract program at $200,000 per year with an additional $90,000 from the general fund; and a rehabilitation and repair program at $900,000 per year. Staff is working on the specifications for the rehabilitation program. It will be an annual contract, based on a unit measurement. The crack seal program will be on all streets, citywide. The rehabilitation program will be based on the street rating data from the Fugro -BRE study. The streets included will have a PCI rating between 55 and 69. Those below 55 require reconstruction. Those above 69 will be crack - sealed. The list can be sorted in several ways, including by district. The list will be provided to City Council to determine the streets to be rehabilitated. The list is of street segments and not entire streets. Mayor Mundinger stated that Council must seek a basis to make decisions and to balance spending in a fair, non - political process. Council Member Sheley encouraged Council to look at the streets citywide and not make decisions on a district basis. Mayor Mundinger urged that safety concerns be included in the decision process. Council Member Renteria asked that all streets be considered. Page 4 of 4 Minutes of the Work Session — September 23, 2004 r Consider appointments. Baytown Animal Control Advisory Committee. Council Member Renteria stated that he would move the reappointment of Richard Godwin and Billie Wolfe to the Baytown Animal Control Advisory Committee. Extension of the Municipal Judge(s) contract(s). Mr. Jackson stated that the Judges were each appointed on an interim basis. The appointments expire on September 30, 2004. If no action is taken, the terms will expire. Mayor Mundinger asked that Council consider extending the terms of the Judges for an additional 45 days. Adjourn. There being no further business, Council Member Renteria moved that the meeting adjourn. Council Member Mahan seconded the motion. The vote follows: Aye: Council Members Anderson, Mahan, Renteria, and Sheley. Mayor Mundinger Nay: None. The motion carried and the meeting adjourned at 6:14 p.m. Gary W. Smith City Clerk