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03/02/2009-CC-Agenda Packet-Work SessionAGENDA CITY COUNCIL WORK SESSION MONDAY, MARCH 2, 2009 6:00 P.M. 502 ELM STREET 1. Call Meeting to Order. 2. Presentation by the Clear Creek Watershed Authority on Proposed Legislation Regarding the District and it's Effect on the City of Sanger. 3. Discussion on the Masonry Ordinance and the Metal Building Ordinance. 4. Discussion on Future use of Property Located at 125 Bolivar. 5. Discussion on Amendment to City Smoking Ban to Include Athletic Fields (Article 8.800). 6. Overview of Items on Regular Agenda. 7. Adjournment. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the gene=Ibl*c at all times, and said Notice was posted on the following date and time: `'� y �at p.m. and shall remain posted until meet' is adjourned. Rosalie Chavez, City Secret a maw City of Sanger, Texas _ �i- we This notice was removed from the official bulletih bo'd .dn i,1 at 2 rvoPMby PpN f. This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. TO: The Honorable Mayor and Members of the City Council FROM: City of Sanger Parks and Recreation Board SUBJECT: Amendment to City Smoking an to Include Athletic Fields (Article 8.800 Smoking) 1 Staff of Parks and Recreation Board proposes a change to the City of Sanger Smoking ordinance Number 03-04-06, regarding tobacco use on city athletic fields. Information has been provided below of the Council's review. The City of Sanger currently has no policy or ordinance regulating smoking on city athletic area property. This request is to designate city athletic fields smoking4ree zones. While the proposed ordinance does not propose to restrict tobacco use in other city parks not already specified in the current ordinance, it is specifically intended to incorporate only youth athletic areas. This ordinance is about the smoke, not the smoker. The ordinance is not asking people to quit smoking. Instead, the purpose of the ordinance is to decrease the involuntary exposure of individuals to secondhand smoke while attending athletic activities on city owned property. Most youth athletic organizations prohibit smoking on athletic practice and playing fields in their organizational bylaws. This law would reinforce the internal policy. iT� ►�I�ri�lt•17tr�L�)�I It is recommended that the current ordinance be changed to include the prohibition of smoking inside the parameters of city owned and maintained athletic facilities. Added as Sec. 8.809. Immediate restrictions by ordinance are proposed for city parks and recreation athletic facilities as follows: Sec. 8.809 Athletic Fields (1) Smoking is prohibited at or within the parameters of City of Sanger owned and maintained athletic facilities. Athletic Facilities means all ball fields, courts and their spectator area(s). (2) Excepted areas are those areas beyond the parameter of the field such as the parking lot as well as other designated places. The cost to create and install no smoking/designated smoking signs at existing athletic facilities. PUBLIC PROCESS None at this time. ARTICLE 8.800 SMOKING* Sec. 8.801 Purpose It is a goal of the city to provide all residents with a healthy and safe environment. The city council is of the opinion that secondhand smoke is contrary to this goal because it affects those in proximity to a smoker in addition to the smoker. As a result it is hereby declared that the city intends to limit the smoking A tobacco products in food service establishments where its harmful effects can carry over and harm those who have chosen not to smoke but are forced into contact with tobacco smoke during their everyday actions. Sec. 8.802 Prohibited The smoking or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in the areas indicated in this article. Sec. 8.803 Definitions In this article: Administrative Area. The area of an establishment not generally accessible to the public, including, but not limited to individual offices, stockrooms, and employee lounges, or meeting rooms. Director. The person designated by the city manager to enforce and administer this article or the person's designated representative. Food Service Establishment. Any fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tea room, sandwich shop, soda fountain, confectionery, ice cream store, refreshment stand, fruit stand, country club, catering service, industrial feeding establishment, convenience store or grocery store, where food or drink is prepared for sale or for service on the premises or elsewhere; any other establishment where food or drink is prepared for sale or for eating or drinking; or, an establishment or operation where food or drink is served or provided for the public, with or without charge. Public Service Area. Any area to which the general public routinely has access for municipal services or which is designated a public service area in a written policy prepared in compliance with this article. Sign. The official placard designating an area or facility where smoking is prohibited, and which conforms to the following format, to wit: (1) "No smoking —City of Sanger Ordinance No. 03-04-06 Violators fined up to $500"; (2) The universal symbol for no smoking; or (3) Any other language indicating that the area marked is designated as a nonsmoking area. All signs must be of sufficient size to accommodate the message contained therein in letters at least one inch in height. Sec. 8.804 Public Areas (a) A person commits an offense if he smokes or possesses a burning tobacco, weed or other plant product in any of the following indoor or enclosed areas, to wit: (1) A public library or museum; (2) Hearing rooms, conference rooms, meeting rooms or any public service area of any facility owned, operated, or managed by the city in which public business is conducted, when the public business requires or provides an opportunity for direct participation or observation by the general public; or (3) Any food service establishment serving the general public. (b) The owner or person in control of an establishment or an area designated in subsection (a) of this section shall post a conspicuous sign at the main entrance to the establishment which shall contain the words, "No Smoking. City of Sanger Ordinance No, 03-04-06. Violations Fined Up to $500." (c) It shall be a defense to prosecution under this article that the public place in which the offense takes place does not have prominently displayed a reasonably -sized sign stating that smoking is prohibited and that an offense is punishable by a fine not to exceed five hundred dollars ($500.00). Sec. 8.805 Exceptions The following areas are excepted from the provisions of this article: (1) An administrative area within the workplace. (2) Hotel and motel meeting and assembly rooms rented to guests, areas, and rooms while in use for private social functions. Sec. 8.806 No Smoking Signs The director is authorized to order the posting of "no smoking" signs in a conspicuous location in each structure or locations in which smoking is proted. The content, lettering, size, color and location of required "no smoking" signs shall be approved by the director. Sec. 8.807 Same -Removal Prohibited A posted "no smokingn sign shall not be obscured, removed, defaced, mutilated or destroyed. Sec. 8.808 Same -Compliance Smoking shall not be permitted nor shall a person smoke, throw or deposit any lighted or smoldering substance in any place where "no smoking° signs are posted. (Ordinance 03-04-06 adopted 3/20/06) AGENDA CITY COUNCIL MONDAY, MARCH 292009 7*00 P.M. 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. CONSENT AGENDA 3. a) Approve Minutes: February 17, 2009 - Work Session February 17, 2009 - City Council b) Disbursements c) Authorize City Manager to Notify Lessor at 125 Bolivar That Their Current Lease is Being Terminated as per the Lease Agreement and Authorize City Manager to Renegotiate the Lease d) Approve Interlocal Agreement Between the City of Sanger, Texas and Denton, County, Texas for Rental of Voting Machines and Equipment and the Purchase of Voting Supplies 4. Consider any Items Removed from Consent Agenda. 5. Consider and Possible Action on Preliminary Plat of the S&T Addition, 0.433 Acres, Located at 511 S. 7`h Street. 6. Approve 4B Purchase of Approximately 40 Acres From Eagle Farms Investments at $4,000/Acre for Development of a Sports Park. 7. Information Items: a) Legislative Updates 8. Adjournment. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the eneral publ' at all times, and said Notice was posted on the following date and time: Feb L ,,,:++ lf"•'� .m. and shall remain posted until meet is adjourned. ,.��y O`' Rosalie Chavez, City City of Sanger, Texas This notice was removed from the