Loading...
HomeMy WebLinkAbout01/19/1981 City Council 000768 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON JANUARY 19, 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. 1o BRIEFING SESSION The City Council did meet in briefing session to review the following agenda items. No action was taken at this time. However, Mayor Turner did note that January 19 through January 25 was Jaycee Week in The Colony, and he signed a proclamation attesting to this. 19. CLOSED-DOOR SESSION DEALING WITH PERSONNEL BOARD APPOINTMENTS Mayor Turner stated that in accordance with Article 6252-17 of Vernon's Annotated Civil Statutes, as amended, the Council would meet in closed- door session prior to the regular agenda items to discuss Planning and Zoning and Park and Recreation Board appointments. Upon reconvening in open session, Mayor Turner announced that a Park and Recreation Board member would not be appointed until the next regular meeting, however, it was on the agenda to appoint a member of the Planning and Zoning Commission. 2. APPROVAL OF MINUTES Councilman Adams moved that the minutes of the January 5 regular meeting be approved as presented. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 20. CONSIDERATION OF BOARD APPOINTMENTS Mayor Turner introduced to the Council and members of the audience Mr. Ken Souther, who has expressed an interest in serving on the Planning and Zoning Commission. He stated that he had known Mr. Souther for approxi- mately three years, and Mr. Souther had been recommended by Councilman Adams. Councilman Adams then moved that Ken Souther be appointed to the Planning and Zoning Commission to replace Jim Quevreaux, due to his resignation. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. RECEIVED REQUEST FROM CITIZEN REGARDING PARAMEDIC SERVICES Upon the request of staff, Councilman Longo moved to table this until the next meeting. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -1- OOO764 4. PRESENTATION OF PLAQUE TO MARVIN BRUNER Mayor Turner stated that again Mr. Bruner was not able to attend this meeting and advised the Council that Rick Herold, Park and Recreation Director, did express apologies to the Council and stated that the plaque would be presented to Mr. Bruner privately at a later date. 5. CONSIDERATION OF SECOND READING OF INSURANCE ORDINANCE Mayor Turner read aloud the following caption: 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. Councilman Adams moved that this ordinance be approved upon second reading. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 6. CONSIDERATION OF SECOND READING OF CODE ORDINANCE Mayor Turner read aloud the following caption: 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 2 OF ORDINANCE NUMBER 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. Councilman Adams moved that this ordinance be approved upon second reading. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes : All members present voted aye Noes: None 7. CONSIDERATION OF CANVASS AND ORDJR DECLARING RESULTS OF SPECIAL REFERENDUM CITY ELECTION Janice Carroll, City Secretary, explained that at this time the Council had the opportunity to review tally sheets, poll list, signature list to see that all election returns were in proper order and mathematically added correctly. After review, Mayor Turner read aloud the following order declaring said results. THE STATE OF TEXAS, COUNTY OF DENTON. ON THIS THE 19 DAY OF JANUARY, 1981, THE CITY COUNCIL OF THE CITY OF THE COLONY OF DENTON COUNTY, TEXAS, CONVENED IN REGULAR SESSION OPEN TO THE PUBLIC, AT THE REGULAR MEETING PLACE THEREOF AT THE CITY HALL IN SAID CITY, WITH THE FOLLOWING MEMBERS, TO-WIT: RICHARD TURNER MAYOR WILLIAM J. LONGO GARY SHIPMAN Councilman Councilman LINDA A. ADAMS DAVE BROWN Councilman Councilman NORMAN ADELER JANICE CARROLL Councilman City Secretary AND THE FOLLOWING ABSENT: NONE, CONSTITUTING A QUORUM, AND AMONG OTHER -2- 00076 PROCEEDINGS PASSED THE FOLLOWING ORDER: THERE CAME ON TO BE CONSIDERED THE RETURNS OF AN ELECTION HELD ON THE 17 DAY OF JANUARY, 1981, UPON THE PROPOSITION AS SET FORTH IN ORDER CALLING SAID ELECTION, AND IT APPEARING THAT SAID ELECTION WAS IN ALL RESPECTS LEGALLY HELD AND THAT SAID RETURNS WERE DULY AND LEGALLY MADE AND THAT THERE WERE CAST AT SAID ELECTION 134 VOTES: FOR DISTRICTS - 84 VOTES AGAINST DISTRICTS - 50 VOTES FOR INCREASE IN COUNCIL - 77 VOTES AGAINST INCREASE IN COUNCIL - 57 VOTES IT IS THEREFORE FOUND, DECLARED AND SO ORDERED BY THE COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT A MAJORITY OF THE LEGALLY QUALIFIED VOTERS VOTING AT SAID ABOVE MENTIONED ELECTION HELD ON THE 17 DAY OF JANUARY, 1981, VOTED FOR THE PROPOSITIONS SET FORTH IN THE ORDER CALLING SAID ELECTION, AND SAID PROPOSITIONS ARE HEREBY DECLARED TO HAVE PASSED. IT IS FURTHER FOUND AND DETERMINED THAT IN ACCORDANCE WITH THE ORDER OF THIS GOVERNING BODY THE SECRETARY POSTED WRITTEN NOTICE OF THE DATE, PLACE AND SUBJECT OF THIS MEETING ON THE BULLETIN BOARD LOCATED IN THE CITY HALL, A PLACE CONVENIENT TO THE PUBLIC, AND SAID NOTICE HAVING BEEN SO POSTED AND REMAINING POSTED CONTINUOUSLY FOR AT LEAST 72 HOURS PRECEDING THE DAY OF THIS MEETING. A COPY OF THE RETURN OF SAID POSTING SHALL BE ATTACHED TO THE MINUTES OF THIS MEETING AND SHALL BE MADE A PART THEREOF FOR ALL INTENTS AND PURPOSES. THE ABOVE ORDER BEING READ, Councilman Longo moved that this order be approved. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. CONSIDERATION OF APPROVING AN ANNUAL REPORT Tom Hart, City Manager, briefed the Council regarding the report and presented Bill White to review the report he had prepared in detail with the Council. After review, Mr. White did advise the Council that it would be possible to bring the report back next week for final review, but it was planned to be mailed on February 2, which would be concurrent with the Municipal Utilities District Annual Report. The Council did note numerous corrections and suggestions that should be made prior to its final form. Mr. White suggested that since the Council did not have adequate time to review it in detail, he contact each Council member this week for further information. The Council agreed. 9. CONSIDERATION OF RESOLUTION ESTABLISHING CABLE LIAISON COMMITTEE Mr. Hart explained that this resolution had been discussed last week in a work session and that it was presented in a simplified form for passage. Mr. Hart read aloud the following resolution. Councilman Longo moved that this resolution be approved and that Greg Sterner be appointed at this time to serve on the committee with the other appointments to be made at a later date. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. DISCUSSION OF SPECIFIC USE ORDINANCE REGARDING ON-PREMISE LIQUOR Mr. Hart advised the Council that he had met with the attorney to review the Specific Use Ordinance regarding actions that the Council could take to make this zoning the most effective. He did state that the attorney said the Council should not look at a per capita number of establishments as this would only limit the choice of the Council. He also advised against a food percentage of sales, which is extremely hard to enforce. Mr. Hart further explained that the attorney reviewed in detail the requirements that the specific use ordinance could impose upon such an establishment, such as requiring full kitchen facilities, menu which should include a full dinner. Further, Mr. Hart stated that Mr. Dillard felt that the cost -3- 000?66 of the land and the cost of development would naturally prohibit establish- ments such as those that occupied buildings along Harry Hines Boulevard to develop. Councilman Longo presented at this time an article regarding the City of Bedford and how they were looking at regulating their liquor establishments and suggested that the City Manager contact them. In a lengthy discussion regarding these restrictions, Councilman Adeler asked only that the Council act quickly before establishments became numerous, and he further stated that he felt that the ordinance as presented by the attorney was adequate for this use. In a detailed discussion of restrictions and reason for this control, the Council did agree that their responsibility was to protect citizens and the growth of the city, not to ensure that businesses survive. Councilman Adams added that if restrictions were to be imposed, they must be imposed at the beginning and should not become more restrictive in the future. She then requested that the attorney be present at the next work session to assist the Council in defining these restrictions which will be placed upon a specific use permit. The Council concurred. 11. CONSIDERATION OF FIRST READING OF TRAFFIC ORDINANCE Mr. Hart read in its entirety the following captioned traffic ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, GOVERNING TRAFFIC AND MOTOR VEHICLE OPERATION; PROVIDING DEFINITIONS; PROVIDING FOR A TRAFFIC ADMINIS- TRATOR; PROVIDING SPEED REGULATIONS; PROVIDING TRUCK ROUTES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; REPEALING ORDINANCES NUMBER 29, 41, 47, 75, 97 and 98; AND PROVIDING AN EFFECTIVE DATE. The Council then reviewed this ordinance section by section, and the following corrections were noted: A. Section 5 should reflect 30 miles per hour on Paige Road and North and South Colony Boulevards. B. Section 6 - North Colony Blvd. and Blair Oaks should be added as a school zone. C. Section 7(c) - Omit cleaning as a function that is not allowed on the public streets and further define that a sign selling a vehicle is allowed on a vehicle parked in front of the owner's property. D. Section 7(f) - Councilman Longo requested that the City Manager designate a place for truck parking. E. Section 8(b) - This should be corrected to allow parking at the residence of the driver. F. Section 8(c) - Truck routes should not be allowed on Paige Road. G. Section 13 - Reworded so that each day shall constitute a separate offense. H. Section 14 - Check with the attorney regarding enforcement of handicapped parking regulations. The Council then discussed some of these proposed amendments. Councilman Longo did emphasize again his desire for the establishment of an area to park oversized vehicles. Councilman Shipman did disagree, saying that this was not the responsibility of the city. Councilman Longo answered that he did understand that this could not always be done and for that reason he requested that this be left up to the city manager to establish when possible. Mayor Turner directed the City Manager to investigate this request before the second reading. The Council then discussed speed limits on Paige Road and North and South Colony with the members of the audience. However, after this discussion, the Council did concur that this -4- 000767 decision had been made long ago, and the Council was obligated to adhere to it. Regarding the use of Paige Road as a truck route, Mr. and Mrs. Wes Gray did express their objection to this. It was noted by Mr. Hart, City Manager, that trucks must be brought in to the construction area and that the east side of Paige Road could handle these trucks, however, the west side of Paige Road, which would be the outbound lane, was in bad shape at this time and would be broken down further by heavy trucks. It was the consensus of the Council, with the exception of Councilman Adeler, that Paige Road be prohibited as a truck route into the city. Upon discussion of school zones, Wanda Gillett, a member of the audience, did recommend that the school zone established at Blair Oaks and South Colony be extended farther north upon Blair Oaks. Mr. Hart advised that he would check with the engineer regarding this. At this time, Councilman Longo moved that this traffic ordinance be approved upon first reading with the amendments as outlined. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Shipman did request that the truck route signs be a priority item for posting. 12. CONSIDERATION OF FIRST READING OF ORDINANCE ADOPTING PERSONNEL MANUAL It was recommended that this be tabled for work session, due to the late hour. Councilman Longo so moved. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 13. CONSIDERATION OF FIRST READING OF RIGHT-OF-WAY PERMIT ORDINANCE Mr. Hart read aloud in its entirety the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, REGULATING THE CUTTING, ALTERATION OR RECONSTRUCTION OF STREETS, ALLEYS, OR OTHER PUBLIC RIGHTS- OF-WAY, REQUIRING A PERMIT; REQUIRING A BOND; REQUIRING REPAIR AND CLEAN- UP; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PRO- VIDING AN EFFECTIVE DATE. Councilman Adams moved that this ordinance be approved upon first reading. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Longo did request that core samples be taken of street repairs made by outside companies. Mr. Hart advised that he would discuss this with Mr. Bradburry. 14. CONSIDERATION OF AUTHORIZATION OF BANK SIGNATORS Mr. Hart asked the Council if he could discuss under this item agenda items No. 15 and 16 also, which he stated were all interrelated. He stated that he felt a motion was required to add Barbara Stiefer, Deputy City Secretary, as a signator, and that this should also be reflected in the financial policy, as adopted. Councilman Shipman then made the motion that Barbara Stiefer, Deputy City Secretary, be added as a third staff signature for all vouchers. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -5- 000768 At this time, Mr.~Hart did express concern that possibly this might need to be done by an amending ordinance, and he would check on this and bring it back to Council if this was the fact. 15. CONSIDERATION OF FINANCIAL POLICIES Mr. Hart again stated that regarding signing of checks, the financial policy should be corrected. Mr. Hart then read aloud and presented in detail the proposed financial policy. PART I - PURPOSE: The purpose of this policy is to establish good working procedures dealing with the financial management of~ the city of The Colony. This policy may be amended, added to or deleted from at any time by the City Council. PART II - BONDING: The City Manager as required by Charter and all other employees dealing in any way with the financial operation of the city shall be bonded in an amount not less than $10,000. PART III - REPORTING: The City Manager shall keep the Council advised of the financial condition and future needs of the city and and make such recommendations as may seem to him advisable. Specifically, the Council shall receive a monthly financial report showing budgeted amounts by line item; expenditures for the month, encumbrances to date, total expenditures to date and percentage of account expended. In addition, the Council will receive a report monthly showing all expenditures made the previous month over $1~000. Further, the Council shall be kept posted by the City Manager on the status of.construction accounts from bond programs. Last, the City Manager shall keep the Council apprised of appropriation balances transferred between expenditure accounts within a single department. Only the Council shall have the power to move funds from one department to another. PART IV - BIDDING REQUIREMENTS: State law will be followed regarding the necessity of bidding on purchases requiring bidding over $3,000. PART V - BOND MONEY: Expenditures from construction accounts over $1,000 shall be brought to Council if time permits. If not, notice of expendi- tures over $1,000 will be brought to the Council at the following meeting. PART VI - CASH MANAGEMENT: The City Manager shall see that access cash shall be kept invested to earn interest if deemed feasible at the time. PART VII - SIGNATORS: Withdrawal of money from the city depositories shall be signed by two individuals as prescribed by ordinance. Checks up to $5,000 shall have two signatures. These may be any two of the authorized signatures of the city. Checks over $5,000 shall have three signatures with one signature being an elected official. PART VIII - BUDGET: As stated in the Charter, the City Manager shall prepare the budget annually and submit it to the Council and be responsible for its administration after it is adopted. PART IX - PERSONAL FINANCIAL INTEREST: No officer or employee of the City shall have a financial interest, directly or indirectly, in any contract with the City, nor shall he be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, material, supplies or service. Councilman Longo moved that this policy be approved. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -6- 000769 16. CONSIDERATION OF AN ORDINANCE AUTHORIZING EXPENDITURES BY THE CITY MANAGER AND TRANSFERRING FUNDS Councilman Adeler expressed concern that Section 3 was in violation of 10.6 of the Home Rule Charter. Mr. Hart advised the Council that this was a blanket approval which is done in numerous home rule cities to allow this transfer of funds from one line account to another within a department. Councilman Adeler agreed and advised that he was for this but that he was on the Home Rule Charter Committee and was fully aware that their intent was that each and every time a transfer needed to be made, it be brought before the Council. Councilman Longo stated that he personally was not ready to give blanket authorization upon an action such as this; also, he requested again a legal opinion regarding the expending of bond money. After further discussion, Councilman Shipman moved to approve this ordinance upon first reading, with the ommission of Section 3. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 17. CONSIDERATION OF ACCEPTING BIDS FOR RADAR UNITS Mr. Hart advised the Council that these bids which were accepted and opened at 2 p.m. on November 14, 1980, should be rejected. He stated the Police Department would be ready to go out for bids again when final legislation had been made regarding the legal requirements of radar units. Councilman Adams moved that these bids be rejected. Seconded by Council- man Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 18. CONSIDERATION OF ANNUAL POLICE RESERVE REINSTATEMENT In a letter to the City Council, Police Chief N. C. Ristagno requested that the following reserves be reinstated in accordance with City Ordinance No. 0019. Councilman Shipman moved that Gary Carroll, David Rauschenberg, Diane Watson, Russell Clark, Steven Page, Gary Green, Ronnie Howard, John Bernard and Michael Uhl be reinstated for a period of one year as Colony Police Reserves. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: NOne There being no further action to be taken by the Council, Councilman Shipman 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 11:25 p.m. ATTE S T: -7-