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2004 03 11 WS MinutesMINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 11, 2004 The City Council of the City of Baytown, Texas, met in work session on March 11, 2004, at 5:00 p.m. in the Council Chamber of Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary Jackson Bob Leiper Karen Horner Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager First Assistant City Attorney City Clerk The meeting was opened with a quorum present after which the following business was conducted: Discuss proposed open -air vendor /itinerant merchant ordinance. Gary Jackson, City Manager, described the proposed ordinance as a significant tightening of the current ordinance. The proposal separates open -air vendors (roadside vendors) from itinerant merchants (door -to -door vendors). Bob Leiper, Assistant City Manager, explained that the revision includes the comments and direction given by Council during the November 13, 2003 work session when the topic was discussed. An itinerant merchant is defined to include a person who remains on one property for less than one hour (door -to -door, place -to- place). The open -air vendor is defined as selling not from a facility with a certificate of occupancy or not on the same property with a certificate of occupancy where the same or similar goods are sold, and remains on the property for longer than one hour. The exceptions in the ordinance are proposed to remain the same. An itinerant merchant must use the front door of a residence and may not leave the sidewalk unless he /she is invited to do so. An open -air vendor may set up in a MU zoning district only and have at least two all- weather off - street parking spaces. The set -up may not impede the ingress and egress of vehicles. The license is proposed for a period of thirty consecutive calendar days. The vendor may not be on a single property for longer than thirty days. The vendor may be permitted for only two locations during a calendar year. The restrictions will not apply at a city- sponsored event. Page 2 of 4 Minutes of the Work Session — March 11, 2004 Each vendor must prominently display the license. The open -air vendor must provide written proof of permission from the property owner to use the property, including the dates of use. The use of the property must not result in the violation of any codes. The applicant must supply written proof of availability of sanitary facilities (including hand washing facilities) on the property used or on immediately adjacent property. A nonrefundable application fee of $100 will be required, along with a $1,000 bond. A site plan, approved by the Planning Director, must be submitted and must show the parking spaces, a traffic plan that shows that all vehicles can enter and exit the property in a forward motion, the location of structures and the location of the sanitary facilities. The proposed ordinance provides reasons for revocation of a license. A denial or revocation may be appealed, in writing, within ten days of the decision. The appeal is to City Council. The appeal will be heard within thirty days of the appeal. The hours of operation are restricted to between the hours of 9 a.m. and 7 p.m. A minimum fine of $100 is established for each violation. In response to questions from Council, Mr. Jackson explained that the Police Department will be the first line of enforcement. The greater specificity in the ordinance will assist the Department with enforcement. Council Member Anderson suggested that the permit or license be required to be displayed in a manner that it would be visible from the street. Council Members Anderson and Murray suggested the use of Neighborhood Protection Officers to assist in the enforcement efforts. Council Member Anderson asked that the exception for vendor grown produce be reexamined to ease enforcement. Mr. Jackson responded to other questions about the regulations in other cities, that the regulations were not uniform. The regulation of the open -air vendors is a newer concept. Discuss Zoning Ordinance related matters. Home occupation regulations. Mr. Jackson stated that the City had received complaints about home occupations Mr. Leiper outlined the current regulations. Home occupations are allowed if they are compatible with and do not adversely affect the surrounding area. The occupation must be in the home of the principal practitioner, without any sign, without visible storage, in the principal residential structure, without disturbing equipment, and outside employees are allowed. No permit is required. Options for regulation include requiring a conditional use permit or prohibition The ordinance could be changed to include a definition of a home occupation, prohibit employees, prohibit on- street parking of vehicles related to the business, and require small business garbage service. Page 3 of 4 Minutes of the Work Session – March 11, 2004 Mr. Jackson, in response to a question, stated that the regulations are minimal and no violation has been found, but complaints include advertising for employees, commercial deliveries, more traffic, parking problems, and littering. Council Member Murray stated that the ordinance should protect the residential nature and integrity of the neighborhood. Eating and drinking facilities in a UN district. Mr. Leiper reminded Council of the issue of the ability of restaurants to serve alcoholic beverages in a UN district. The option was to rezone the area to W. After a neighborhood meeting another option was explored— changing the Zoning Ordinance to allow eating and drinking facilities in UN districts. Mr. Jackson stated that the first option considered included the City acting as applicant to rezone certain areas to MU. At the meeting, most of the people did not want all of the possible consequences from rezoning to MU. They would prefer that restaurants be allowed to serve alcoholic beverages. The present ordinance prohibits restaurants in UN districts. The location of the UN districts in the City were identified. Alternative/additional zoning and/or development classifications (i.e., Planned Unit Development or PUD). Mr. Leiper noted that the Comprehensive Plan encourages expanding the number and types of zoning districts. This includes Planned Unit Developments which may help with in -fill development. Additional zoning districts may serve as buffers between incompatible uses. Process for amendments. Mr. Leiper explained that when changes are proposed to the Zoning Ordinance the process includes submission of the application. The application is reviewed by the Planning and Zoning Commission. Staff prepares a report. The Commission holds a public hearing and makes a recommendation to City Council. City Council conducts a public hearing. At the conclusion of the public hearing, Council votes to determine whether the proposed amendment is a substantive change. If it is not substantive, Council votes on the proposed amendment. If it is substantive, Council submits the issue to the voters in a non - binding referendum. After the election, Council conducts another public hearing and determines whether to follow the result of the election concerning the proposed amendment. Mr. Jackson related that it is possible to amend the Zoning Ordinance to eliminate the referendum requirement. Council Member Mundinger expressed support for removal of the provisions related to the substantive change. Council Member Sheley urged caution in making such a change and encouraged public input and a referendum. Mayor Alfaro directed staff to proceed with development of the options to remove the substantive change provisions. Mr. Jackson stated that the issue will be returned in another work session. Page 4 of 4 Minutes of the Work Session — March 11, 2004 Ir Adjourn. There being no further business, Council Member Mundinger moved adjournment. Council Member Anderson seconded the motion. The vote follows: Aye: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 6:23 p.m. /) GEffy W. Smith, City Clerk