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HomeMy WebLinkAbout12/01/1980 City Council 000737 MINUTES OF THE CITY COUNCIL OF THE CItY OF THE COLO~ HELD ON DECEMBER 1, 1980 A REGULAR MEETING of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Gary Shipman Mayor Pro Tem William J. Longo Councilman Linda A. Adams Councilman Norman Adeler Councilman Greg Norwood Councilman Mayor Richard Turner was in attendance at the Lewisviile City Council meeting regarding a boundary adjustment agreement and 'was not in attendance at the beginning of the meeting; however, a quorum was established. 1. BRIEFING SESSION The Council did meet in a briefing session from 7:30 to 8 p.m. to review the following agenda items. No action was taken at this time. 2. APPROVAL OF MINUTES Janice Carroll, City Secretary, stated that the minutes were not pre- pared and would be presented at the following Council meeting. 5. CONSIDERATION OF ACCEPTANCE OF RESIGNATION OF COUNCIL MEMBER GREG NORWOOD Councilman Norwood read aloud his letter of resignation stating that he would be moving to Denver, Colorado, because of a business opportunity and that he did regret having to resign from this position but had enjoyed it and hoped that he had been of some benefit to the city. Councilman Longo moved that this resignation regretfully be accepted. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 6. CONSIDERATION OF APPOINTMENT OF PLACE 5 COUNCIL VACANCY Councilman Longo moved that Dave Brown be appointed as Councilman Place 5 until the regular city election held in April of 1981. At this time, Councilman Adams made the motion that this appointment be tabled as she felt very strongly that the Council had not had adequate time to make a wise decision regarding this action. Councilman Adams' motion to table died for lack of a second; Councilman Adeler then seconded Councilman Longo's motion to appoint Dave Brown. Prior to voting, Councilman Longo stated that he felt that Mr. Brown would be a good member of the Council as he was familiar with the city and its problems and he felt that it was imperative that the Council remain a working Council, which requires a quorum and that this appointment should not be put off. Councilman Adeler agreed and felt that someone that would provide con- tinuity on the Council would be a good person to appoint, and he felt that Dave Brown fulfilled this requirement. Councilman Adams noted that she did not have any particular opposition to Mr. Brown but did feel that the Council had not had time for proper consideration. Mayor Pro Tem Shipman added that the City Council had much work to be done and it should not operate as a four-member board; he then called for a vote on the motion on the floor. Ayes: Councilmen Longo, Adeler and Mayor Pro Tem Shipman Noes: Councilman Adams -1- 0O0738 7. CONSIDERATION OF FIRST READING OF LATE HOUR PERMIT ORDINANCE Mayor Pro Tem Shipman read aloud in its entirety the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING FOR THE ADOPTION OF EXTENDED HOURS FOR THE SALE, OFFER TO SELL, AND DELIVERY OF BEER BY A HOLDER OF A RETAIL DEALER'S ON-PREMISE LATE HOURS LICENSE OR FOR THE SAME OF MIXED BEVERAGES AND THE OFFER TO SELL BY A HOLDER OF MIXED BEVERAGES LATE HOURS PERMIT OR FOR THE SALE OF ALCOHOLIC BEVERA- GES SOLD UNDER A WINE AND BEER RETAILER'S PERMIT OR A WINE AND BEER RETAILER'S OFF-PREMISE PERMIT; PROVIDING FOR THE EXTENSION OF SALE HOURS TO BETWEEN MIDNIGHT AND 2:00 A.M. ON ANY DAY;AND PROVIDING AN EFFECTIVE DATE. Councilman Adams moved to approve this ordinance as amended allowing late hours on only Friday morning from midnight until 2 a.m., Saturday morning from midnight until 2 a.m. and Sunday morning from midnight until 2 a.m. The motion was seconded by Councilman Longo. After a brief discussion of the procedure for acquiring a late hour permit and its implication in our city, Mayor Pro Tem Shipman called for a vote on the motion on the floor. The motion was passed by the following roll call vote: Ayes: Councilmen Longo, Adams, Adeler and Brown Noes: Councilman Shipman 3. CONSIDERATION OF APPOINTMENT OF PARKS AND RECREATION BOARD MEMBERS After a brief discussion, Councilman Adams moved tha't Richard Haas be appointed to Place 1 for a two-year term and that Barbara Sanchez be appointed to Place 4 for a one-year unexpired term. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None --~ EMERGENCY ITEM - DISCUSSION OF PURCHASE OF MOBILE OFFICE BUILDING Councilman Adams stated that it was her request that this be included in tonight's meeting, as she had received information that the Friends of the Library had received their tax-free status from the state. Coun- cilman Adams also stated that she knew the utility district could not hold the trailer for an indefinite period of time and asked that the Council consider looking into purchasing the trailer and subsequently leasing the trailer to the Friends of the Library contingent on the Friends of the Library providing insurance and operational costs. The Council concurred with this decision and directed the city manager to investigate the costs and possibly amend the city budget to accomplish this. 8. CONSIDERATION OF IMPLEMENTING THE EXISTING STREET USE ORDINANCE After discussions Mayor Pro Tem Shipman moved that Ordinance No. 39 be implemented and that two certified copies be mailed to Southwestern Bell informing them of this action. The motion was seconded by Councilman Longo and passed by the following roll call vote: Ayes: Councilmen Longo, Adeler, Shipman and Brown. Noes: Councilman Adams --- 9. CONSIDERATION OF FIRST READING OF ORDINANCE CALLING REFERENDUM ELECTION FOR DISTRICTING AND INCREASING THE NUMBER OF COUNCIL PLACES At this time, Mayor Turner had arrived, and he read aloud in its entirety the following ordinance calling this election. -2- 000789 AN ORDINANCE OF THE CITY OF THE COLO,-f, TEXAS, CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 17, 1981; PROVIDING FOR THE SUBMISSION OF PROPOSITIONS TO HAVE THE VOTERS DECIDE IF PRECINCTS SHOULD BE ESTABLISHED AND THE NUMBER OF COUNCIL PLACES SHOULD BE INCREASED; DESIGNATING THE POLLING PLACE AND THE HOURS OF VOTING; APPOINTING ELECTION JUDGES AND PROVIDING THE MANNER IN WHICH NOTICE OF SUCH ELECTION SHALL BE GIVEN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That in accordance with the provisions of the Texas Election Code, there is hereby called a special municipal elec- tion to be held on January 17, 1981. SECTION 2. That at said election the following proposi- tions shall be submitted to the qualified voters, to-wit: PROPOSITION 1 "Precincts should be established." FOR AGAINST PROPOSITION 2 "The number of Council places should be increased." FOR AGAINST SECTION 3. The polling place of said election shall be located in the City Hall at 5576 North Colony Blvd., The Colony, Texas, and shall be open from 7:00 a.m. to 7:00 p.m. on the day of the election. SECTION 4. That said special municipal election to answer the questions set out above shall be held in accordance with the require- ments of the Texas Election Code. SECTION 5. None but legally qualified voters of the City of The Colony shall be entitled to vote at said election. SECTION 6. Notice of the election shall be given by publication of this ordinance in the official newspaper of the City of The Colony on the same day in each of two (2) successive weeks, the date of the first publication to be not less than fourteen (14) days prior to the date set for the election. Notice of said election shall also be posted in three (3) public places within the limits of the City at least thirty (30) days before the election date. The return of such posting shall be made by affidavit of the City Secretary. SECTION 7. That , be, and he is hereby, appointed presiding Judge of said election at the polling place and that be, and he is hereby, appointed alternate presiding Judge of said election at the polling place, that the presiding Judge shall appoint as many election clerks as are necessary for the proper conduct of the election. All Judges and clerks shall be qualified voters of the City. After holding said election, the election Judge shall promptly make his return to the City Secretary and to the Mayor, and the Secretary shall thereafter present such returns to the City Council for canvassing of said elec- tion. The presiding Judge shall be paid the sum of $3.00 per hour, plus an additional sum of $20.00 for his services in delivering the returns of the election. The alternate presiding election Judge shall be paid the sum of $3.00 per hour and each election clerk shall be paid the sum of $3.00 per hour for their services in holding said election. SECTION 8. Absentee voting for such election shall be held at the regular office of the City Secretary at the Colony City Hall and said place of absentee voting shall re~ain open for at least eight (8) hours on each day of absentee voting which is not a Saturday, Sunday or an official State holiday, beginning on the twentieth (20th) day and continuing through the fourth (4th) day preceding the date of said election. Said place of absentee voting shall remain open between the hours of o'clock a.m. and o'clock p.m. SECTION 9. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. READ AND PASSED ON FIRST READING ON THE DAY OF , 1980. -3- 000740 FINALLY PASSED ON SECOND ~READING ON THE.. DAY OF , 1980. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO LEGALITY OF THE FORM: CITY ATTORNEY Councilman Adams moved that the ordinance be approved upon first reading. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 10. CONSIDERATION OF AUTHORIZATION FOR THE TRANSFER OF BOND FUNDS Mr. Hart, City Manager, did explain the reason for this transfer from the street improvement account to the interest sinking fund account. This transfer will be in the amount of approximately $13,000 which will allow us to make our payment due February 1, 1981 and give us a reserve in the next budget year of around $3,000. Councilman Shipman then moved that $13,000 be transferred from the street improvement bond account to the interest and sinking fund account. Seconded by Council- man Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 11. CONSIDERATION OF ESTABLISHING MONDAY, DECEMBER 8, 1980 AS A REGULAR COUNCIL MEETING DAY Councilman Longo moved that December 8 be established as a regular meeting date. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 12. REVIEW OF SPECIFIC USE PERMIT REQUIREMENTS FOR ESTABLISHMENTS SERVING LIQUOR Councilman Adeler moved that this be tabled until a future Council meeting as the proposed specific use permit ordinance had not been prepared by the city attorney. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 13. REVIEW OF PROPOSED PERSONNEL MANUAL Councilman Longo moved that this item be tabled, as the Council had just received the manual and would like to study further before commenting. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None -4- 4. CONSIDERATION OF JOB DESCRIPTION FOR THE POSITION OF FIRE CHIEF Councilman Longo moved that this item be tabled, as he had just received a copy of this job description and would like to study it further. Coun- cilman Adams seconded this motion, and it was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 14. CONSIDERATION OF APPOINTMENT OF CABLE LIAISON COMMITTEE Councilman Longo did state that this was his recommendation that the committee be appointed, however, he did feel strongly that it would be advisory and that the Council must set out rules and regulations for the committee. Mr. Hart further explained that this group would assist in the developmental stage of the cable TV system and would monitor this procedure at the request of the city manager. While discussing this, Councilman Longo mentioned that it was against restrictions to have high antennas and that these antennas were being erected in The Colony for the reception of other TV services. The Council concurred that the city must look into an ordinance that would reinforce the deed restrictions against the erection of high antennas. The Council also concurred that the cable liaison committee should be on a future agenda for further discussion prior to appointment. There being no further action to be taken by the Council, Councilman Adams moved that the meeting be adjourned. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 9:20 p.m. JANIC~/CARROLL, CITY SECRETARY -5-