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2005 03 10 WS MinutesMINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 10, 2005 The City Council of the City of Baytown, Texas, met in work session on March 10, 2005, at 4:45 p.m. in the Council Chamber, Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Sammy Mahan Don Murray Mercedes Renteria Scott Sheley Sheryl G. Ward Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Absent was: Ronnie Anderson, Council Member. Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager City Attorney City Clerk The meeting was opened with a quorum present after which the following business was conducted: Discuss the selection process /timetable for Year 4 of the street bond program. Gary Jackson, City Manager, reported that $3.2 million is available for the construction of streets in Year 4 of the street bond program. Council was provided with lists of the Pavement Condition Index rating of 55 and lower of the streets in each District and Citywide. Mr. Jackson requested that each Council Member submit his or her list of streets on or before April 14. Mayor Mundinger asked that each Council Member submit his or her list by April 14 and that the discussion to determine priorities for the streets to be paved would begin at that time. Council Member Ward noted that, upon review of the information provided by staff, that even though the selections were made on a District basis, the work was moving in the right direction, that is, the streets being repaired were the ones in need of repair. Council then engaged in a discussion of the apparent abnormalities between the PCI and the actual condition of some streets. Bob Leiper, Deputy City Manager, explained that the PCI was a physical condition assessment. He urged that the streets with the worst physical condition be reconstructed first. Council Member Mahan noted that Ramsey Street was not paved and inquired whether Year 4 funding could be set aside for Kilgore Road. Page 2 of 5 Minutes of the Work Session — March 10, 2005 Discuss the Comprehensive Plan and the Unified Land Development Code process. Mr. Jackson stated that the current year budget includes funding for the update of the Comprehensive Plan and the development of the Unified Land Development Code. Proposals were requested and have been received. Of the eight submittals received, four met all the criteria. It is time to select the consultant. Staff is requesting that a committee be established to review the proposals and interview all four companies. The proposal includes the review of the Zoning Ordinance and subdivision regulations. Staff has found many issues in the Zoning Ordinance and subdivision regulations that should be considered for change. Changes to these sections may impact other regulations. If the committee is appointed the contract can be awarded at the next Council meeting. The project should be accomplished within 12 months. Council Member Renteria supported the update of the Comprehensive Plan and the development of the Unified Land Development Code to assist in the resolution of issues in District 1 and in other parts of the City. Completion of this task will help the City be competitive with other areas for new development. In response to a question from Council Member Murray, Mr. Jackson stated that community input is vital to the process. Discuss actions and efforts related to promotion of special events /festivals: a. Consumption of alcoholic beverages during designated City sponsored or co- sponsored special events /festivals in parks, b. Consumption of alcoholic beverages upon the streets, sidewalks, alleys, parking lots, or other open or unimproved areas with the area bounded by West Pearce Avenue, Whiting Street, West Defee Avenue, and Main Street, c. Waiver of distance requirements related to alcoholic beverage sales during designated city sponsored or co- sponsored special events /festivals, d. Council designation of qualifying City sponsored or co- sponsored special events /festivals to allow consumption of alcoholic beverages, e. Authorizing closure of streets and allowing possession or consumption of alcoholic beverages on those closed streets during a designated City sponsored or co- sponsored special event/festival, f. Granting variances to the Live Outdoor Exhibition ordinance for a designated City sponsored or co- sponsored special event/festival. Mr. Jackson said that staff had considered what the City could do to help promote events, tourism, and economic development. Events and festivals in the community can help promote the area. Staff has looked at other successful events and festivals and found that all have provisions for the sale and consumption of alcoholic beverages. Staff found several roadblocks to the sale and consumption of alcoholic beverages. The first is Section 70 -8 of the Code of Ordinances. It prohibits the possession and consumption of alcoholic beverages in city parks, except Bayland Park with approvals. Therefore the sale of alcoholic beverages is not allowed at the Wetlands Center. Page 3 of 5 Minutes of the Work Session — March 10, 2005 Section 6 -3 of the Code of Ordinances prohibits the consumption and possession of alcoholic beverages in an area around Texas Avenue. If a downtown organization has an event, they cannot allow alcoholic beverages to be sold or consumed with the event on Texas Avenue. The conditions that lead to the adoption of the ordinance have changed and the need for the ordinance may no longer exist. The Alcoholic Beverage Code gives the City the authority to regulate the sales of alcoholic beverages within 300 feet of a school or daycare, with a property line to property line measurement, and within 300 feet of a church or hospital, with a front door to front door measurement. The City has the authority to grant a variance or a distance waiver under appropriate circumstances. City Council may provide a distance waiver if Council designates an event as one eligible for the waiver. The Alcoholic Beverage Code prohibits the possession of alcoholic beverages on the street, alley, or sidewalk within 1,000 feet of a school. The statute provides an exception if the governing body with authority grants permission for possession. Mayor Mundinger noted that the Long Neck Festival has discussed using Market Street as an event location. The School District has property fronting along much of Market Street. School will not be in session during the Festival times. The concept goes beyond the Long Neck Festival. There are other events and activities that Council may be asked to consider to designate as an event eligible for the sale of alcoholic beverages. Council must approve the events on a case -by -case basis. The designations will not apply at a pocket park or at neighborhood parks. Mr. Jackson noted that alcoholic beverages were prohibited at Bicentennial Park because it is owned by the School District and is school property. The City uses Bicentennial Park under a joint use agreement. Council Member Murray asked that provisions Church and the businesses along Market Street. churches be considered and measured. be made to provide access to First Presbyterian He asked that the impact on the businesses and Mr. Jackson suggested the following criteria for the designation of a festival or event as eligible for alcoholic beverages: (1) qualification for the use of Hotel Occupancy Tax funds through the promotion of tourism, whether or not the funds are awarded, (2) application and insurance, and (3) designation by City Council. The Outdoor Live Festival ordinance exempts certain two -day events. The Long Neck Festival is proposed to exceed the two -day period; therefore a variance from the terms of the ordinance is required. Council expressed appreciation for the thorough coverage of the topics and the hard work by the City Manager, Deputy City Manager, Legal Department, and Parks Department to bring the recommendations to City Council. Page 4of5 Minutes of the Work Session — March 10, 2005 Receive update on and discuss the HGAC/TCEQ Community Service grant program. Mike Lester, Director of Health and EMS explained that the City had been awarded two solid waste grants. The first provided for cameras to assist in enforcement against illegal dumpsites. The second provided funding for a community service program. The community service program operates from 8 a.m. to 5 p.m. on Tuesday through Saturday. The volunteers are used in litter abatement, to locate and clean solid waste from public property, and to pick up litter along major thoroughfares. The program is averaging 14.5 working days per month, 116 workers per month, and 546 man-hours per month. So far 83 locations have been cleaned, 15 lots mowed (tax foreclosed properties), 7 alleyways cleaned (1.8 miles), 68 illegal dumpsites cleaned, 301 streets cleaned (216.1 miles), and 20 waterways cleaned (9.7 miles). The cost to the City for mowing the tax- foreclosed properties has been reduced. Each man-hour is estimated to be worth $10. The volunteers have collected 1,199 litterbags of trash, 232 tires, 46,495 pounds of trash, and 28,150 pounds of trash from illegal dumpsites. Of the trash collected, 11,675 pounds have been recycled. Council Members Sheley and Murray supported continuation of the program. Discuss appointment of Associate Municipal Court Judge(s). Mayor Mundinger stated that in order to insure the availability of a judge, the ad hoc committee recommends that City Council appoint at least two more Associate Judges. The ad hoc committee met and discussed the appointment of Andy Helms and Kelly Benavides. Council Member Mahan stated that Mr. Helms and Ms. Benavides have agreed to the judicial policies and procedures that have been developed by Judge Escalante. Mr. Jackson commented that the judges would only be paid while serving and that they would work under a contract. If they are appointed, they will be required to sign the contract presented to the other Associate Judges. Council Member Sheley stated that the ad hoc committee will meet with Judge Escalante and the Associate Judges to outline the committee's expectations for the judges. Mr. Leiper distributed the revised list of 10,000 feet of streets with the lowest PCI on a citywide basis. He noted that there is at least one street in each district. Page 5 of 5 Minutes of the Work Session — March 10, 2005 op� Adjourn. Council Member Sheley moved adjournment. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 6:10 p.m. Ook