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HomeMy WebLinkAbout01/05/1981 City Council 000784 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON JANUARY 5, 1981 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: Richard Turner Mayor William J. Longo Councilman Linda A. Adams Councilman Norman Adeler Councilman Gary Shipman Councilman Dave Brown Councilman Thus a quorum was established. 1. BRIEFING SESSION The Council did meet in a briefing session from 7:30 until 8 p.m. to review the agenda items; however, no action was taken at this time. 2. APPROVAL OF MINUTES Councilman Adams moved that the minutes of the regular meeting held on December 15, 1980, be approved as presented. Seconded by Councilman Brown, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 8. JAYCEE PARK DEDICATION Mr. Doug Gressett requested on behalf of the Jaycees that the Council consider naming the small park located between Ragan Road and Reed Drive Dave Cowan Memorial Park. Mr. Gressett stated that Mr. Cowan was instru- mental in forming The Colony Jaycees and that he had been active in many Jaycee projects in other cities. Mr. Cowan was killed in an automobile wreck on Highway 121 in 1978. The Council agreed with Mr. Gressett that Dave Cowan was certainly a positive influence in our community. After a brief discussion, Councilman Longo moved that this small park area be so named, Dave Cowan Memorial Park. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF FIRST READING OF ORDINANCE RATIFYING CITY EMERGENCY ORDINANCE NO. 117 AUTHORIZING THE CITY MANAGER TO EXECUTE A GROUP INSURANCE CONTRACT Tom Hart, City Manager, explained to the Council that on September 1, 1980, an emergency ordinance was passed authorizing him to enter into a contract with Aetna Insurance Company to provide health and life insurance for the city employees. He did advise that according to our Home Rule Charter it is necessary that this ordinance be ratified by a permanent ordinance. At this time, Mr. Hart read aloud in its entirety the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GROUP INSURANCE CONTRACT WITH THE AETNA LIFE AND CASUALTY COMPANY FOR A POLICY OF GROUP ACCIDENT AND HEALTH INSURANCE FOR EMPLOYEES; AUTHORIZING THE CITY MANAGER TO EXPEND FROM THE GENERAL FUNDS OF THE CITY SUCH AMOUNTS AS ARE NECESSARY TO PAY THE PREMIUMS THEREON BEGINNING SEPTEMBER 1, 1980; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 000755 Councilman Shipman then moved that this be approved upon first reading. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. DISCUSSION OF ALCOHOLIC BEVERAGE COMMISSION PERMITS AND REQUIREMENTS Janice Carroll, City Secretary, introduced David Floyd, representative of the Alcoholic Beverage Commission, to answer any questions that the Council might have regarding their role in the permitting process for establishments selling or serving liquor. The Council asked numerous questions, particularly relating to cities allowing late-hour permits. Generally, Mr. Floyd stated that he could not answer specific questions regarding statistics on this practice or give his personal opinion. He did explain to the Council the procedure for issuing a permit to the various establishments and assured the Council that he did periodically check all establishments to assure that they were in compliance with the law. Councilman Shipman expressed concern that if late-hour permits were allowed within The Colony, we would be subject to customers from Lewisville and surrounding cities coming to The Colony in order that they may drink until 2 a.m. Councilman Adams answered that she did not feel that this would be a problem if late-hour permits were allowed. Mr. Floyd recommended that The Colony contact other cities that do have late- hour permits and discuss with them what problems they might have. After further discussion, Councilman Longo requested that the City Manager and Police Chief visit with Mr. Floyd privately to assure that the City is aware of all areas that can be legally enforced. 5. SECOND READING OF LATE HOUR PERMIT ORDINANCE The Council again discussed the reasons for allowing these permits within the city. Due to some concerns, Mr. Hart asked Mr. Floyd if this ordinance could be repealed. Mr. Floyd advised that, as far as he knew, this ordinance could be repealed, just as any city ordinance can be repealed which, at that time, would require that the late-hour permits be revoked. After a lengthy discussion regarding the advantages and disadvantages of this ordinance, the Council directed the City Manager to have the Police Department keep accurate statistics regarding any calls that might be as a direct result of this late-hour permit authorization. It was then understood by those present that if this did create a disruptive force within our city the ordinance would be repealed. Janice Carroll, City Secretary, did advise the Council that the ordinance had been corrected to include authorization that they be allowed to stay open New Year's Day from midnight until 2 a.m. At this time, Mayor Turner read aloud the following caption: 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 SALE OF MIXED BEVERAGES AND THE OFFER TO SELL BY A HOLDER OF MIXED BEVERAGES LATE HOURS PERMIT OR FOR THE SALE OF ALCOHOLIC BEVERAGES 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. SPECIFIC DAYS AND PROVIDING AN EFFECTIVE DATE. Councilman Longo moved that this ordinance be approved upon second reading. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Councilmen Longo, Adams, Adeler and Brown Noes: Councilman Shipman 6. CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE TO DUPLEX CLASSIFICATION Mayor Turner read aloud the following caption: -2- 000?56 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED AS LOTS 1-29, BLOCK 175, THE COLONY NUMBER 23, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME B, PAGE 64, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. LOTS 1-46, BLOCK 201; LOTS 1-28, BLOCK 202; LOTS 1-21, BLOCK 203; LOTS 1-21, BLOCK 204; LOTS 11-21, BLOCK 205; LOTS 26-50, BLOCK 208, ALL OF THE COLONY NUMBER 25, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THERE OF RECORDED IN VOLUME B, PAGE 111, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, TO "D" DUPLEX DWELLING DISTRICT CLASSIFICATION; PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Longo moved that the ordinance be approved upon second reading. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 7. APPOINTMENT OF DEPUTY CITY SECRETARY Janice Carroll advised the Council that she would like to request that Barbara Stiefer be appointed as Deputy City Secretary. This would enable her to certify documents and post agendas if Janice Carroll was not present. Councilman Longo then moved that Barbara Stiefer be appointed as Deputy City Secretary. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 9. CONSIDERATION OF FIRST READING OF ORDINANCE ADOPTING 1979 EDITIONS OF THE UNIFORM PLUMBING CODE, UNIFORMMECHANICAL CODE AND THE UNIFORM FIRE CODE AND PROVIDING FOR PERMIT AND INSPECTION FEES FOR ELECTRICAL WORK Mr. Hart read aloud in its entirety the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE NUMBER 9, SECTION 1, BY ADOPTING THE UNIFORM FIRE CODE, 1979 EDITION; REPEALING SECTION 1 OF ORDINANCE NIRMBER 60; ADOPTING THE UNIFORM PLUMBING CODE, 1979 EDITION, OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; REPEALING SECTION 3 of ORDINANCE NUMBER 60; ADOPTING THE UNIFORM MECHANICAL CODE, 1979 EDITION, OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; AMENDING SECTION 4 OF ORDINANCE NUMBER 60 BY PROVIDING FOR PERMIT AND INSPECTION FEES FOR ELECTRICAL WORK; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Bradburry, Director of Community Development, explained to the Council that previously the set 1976 building, plumbing, electrical and fire codes had been adopted. These codes are usually updated and republished every three years; therefore, it is his recommendation that the 1979 codes be approved. He also advised that the electrical code, outlined within the ordinance, be adopted. The Council, upon reviewing this ordinance and electrical fees, stated that in Section F, the fees determined in Nos. 1 and 2 were incorrect and should be corrected prior to second reading. Councilman Longo then approved the first reading of this ordinance with the appropriate corrections in Section F. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None -3- 10. RECEIVED FROM CITY SECRETARY STATUS REPORT ON MUNICIPAL COURT APPEAL PROCEDURE Janice Carroll, City Secretary, advised the Council of the efforts of Kathy Rauschenberg, Court Clerk, and Police Officer Bob Bracken in establishing an appeal procedure with Denton County. After reviewing the actions taken, she stated these city employees had accomplished a task that many city attorneys had failed to do. At this time, it had been agreed that the district attorney would prosecute particular cases upon the request of the city if the city guaranteed that an officer would be present at the trial and that the city would be selective in choosing these particular appeal cases. Councilman Longo stated that he felt a letter of commendation should be included in Officer Bob Bracken's and Kathy Rauschenberg's Personnel Files. It was so noted. EMERGENCY ITEM - CONSIDERATION OF APPOINTMENT OF ELECTION JUDGE Janice Carroll, City Secretary, stated that Rose Ashman would not be able to serve as Election Judge for the Referendum Election to be held January 17, 1981, and recommended that Glenda Davis be appointed as judge with Diane Kovar as alternate. There followed a brief discussion regarding who serves as judge and clerks and the advisability of rotating people in these positions. Councilman Brown and Councilman Shipman expressed concern regarding these recommended appointments. After a brief discussion, Councilman Longo moved that Glenda Davis be appointed as Election Judge with Diane Kovar serving as alternate. The motion was seconded by Councilman Adams and passed by the following vote: Ayes: Councilmen Longo, Adams and Adeler Noes: Councilmen Shipman and Brown There being no further action to be taken by the Council, Councilman Shipman moved that the meeting be adjourned. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 10:04 p.m. ATTEST: JANIC~-/~ARROLL, CITY SECRETARY -4-