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2010 10 14 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 14, 2010 The City Council of the City of Baytown, Texas, met in a Regular Work Session on Thursday, October 14, 2010 at 4:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Council Member Lynn Caskey Council Member David McCartney Council Member Scott Sheley Council Member Stephen DonCarlos Mayor Garrison C. Brumback City Manager Bob Leiper Deputy City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Garza City Clerk Keith Dougherty Sergeant at Arms Council Members Mercedes Renteria and Terry Sain were absent from the October 14, 2010 City Council Regular Work Session. Mayor DonCarlos convened the October 14, 2010, City Council Regular Work Session with a quorum present at 4:30 P.M. 1. DISCUSSION a. Amendments to Chapter 66 "Offense ", Article III "Controlled Substances" to Prohibit Certain Smoking Products - Police. City Manger, Garry Brumback presented the agenda item to discuss an ordinance amending Chapter 66 "Offenses," Article III "Controlled Substances" of the Code of Ordinances to establish an offense for the possession, sale or purchase of certain smoking products which cause effects similar to marijuana or hallucinogens, including those commonly known as K -2 and Salvia Divinorum. City Prosecutor, Eric Hudson stated that over the past few months, there has been an increased awareness of "K2" or "Spice" through media reports, law enforcement and community service groups. Several states have introduced legislation, which would ban the possession of K2 and most recently, several municipalities have been studying the feasibility of establishing city ordinances, which would ban the substances until State laws can be enacted. Page 2 of 2 M mutes of the October 14, 2010 Ci ty Council Work Session The Council discussed the enforcement of said ordinance, (lac banning limitations and educational component to this ordinance. Mr. Bruillback stated that this ordinance was , alm ad of state legislation and while the substance \,,,as banned in Baytown, it is riot Illegal elsewhere. Chief* DOUgllCI'(Y State(] that it was his helief that the ordinance will not eliminate the problems, but that it will reduce them exponentially- similar to tile Fire works ban ordinance, The CoLIFICil agreed that the ordinance had positive merits and praised the staff for being so Forward thinking as it relates to negative: elements impacting out conlillunity. 1). Open Container ()i-dinance - Administration. ( I ' "Ity Manger, Garry Brumback presented tile agenda item tO (liSCLISS the advantages 'arid disadvantages of a proposed open container ordinance prohibiting tile COJISUITIptiOn Of alcoholic beverages in a public right-of-way, and possible exceptions such as a sidewalk caf6 or festivals where alcohol consumption is permitted. This, (fiSCLISSiOlI is in an effort to continue to provide great Public Safety. Police Chief, Keith Dougherty stated that there were concerns regarding as certain population of people being intoxicated oil property that they are riot welcomed on. (, I iief lm OUglICT-ty Stated that there are laws currently in place tor violators who trespass oll private property and public intoxication. The Council discussed awareness and educational possibilities to business owners around I)IIIA)ICIII 'areas, in order to help the police department enforce the ull-rent laws and I-C(ILICC vagrants, crime and urmanted CICITICIAS in 01,11- COMITILIllity. After all ill CICIA1 (IISCLISSI011, it was agreed that Member McCartney Nvould distribute a template letter to local business owners that shall he tiled with the Baytown N, lice Department stating that they will not allow for trespassing and the C011SLIIIII)tion ofdrinking of alcoholic beverages on their prellilses.; the owners will also be intoruried of signage rcquirements to enforce the restrictions. 'rhis letter will give the police the necessary authority to I-ClIlOVe tIlOSC PCOJIIC fi•0111 the premises. 2. ADJOURN Nlayor DonCarlos MIJOUrlIC(I tile October 14, 2010, City Council regular Work Session at 5:13,1) I , &P . � erk, Leti Wj City of I