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HomeMy WebLinkAbout11/01/1990 City Council00281° MINUTES OF THE CITY COUNCIL MEETING HELD ON --. NOVE~/BF_~'{ 1, 1990 The Special Session of bhe Cihy Council of hhe Cihy of The Colony, Texas was called ho order ah 7:00 p.m. on hhe lsh day of November, 1990 ah Cihy Hall wihh hhe following Council roll call: William W. Manning, Mayor Presenh Mike Lynch, Councilman Presenb Sheve Wihhers, Councilman Presenh Mike Alianell, Councilman Presenh Rob Burchard, Councilman Presenh Lou Gomez, Councilman Presenh Joel Marks, Councilman Presenh and wihh seven present, a quorum was eshablished and hhe following ihems were addressed: 1. PLEDGE OF ALLEGIANCE 2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES RELATING TO EXTENDED HOURS SALE OF ALCOHOLIC BEVERAGES Mayor Manning explained hhah hhis meehing had been called ho re-consider Ordinance No. 666, which eliminahed late hour sales of alcoholic beverages. The Mayor wenh on to say hhe Council meh on Ochober 29 and discussed hhe economic impach of hhe ordinance, in parhicular hax revenues and DWI/PI incidenhs. Mayor Manning said hhe amounh of haxes realized by hhe City due ho ~he sale of alcohol is minimal (approximately $10,000) yearly and hhah bhe numbers achually show a decrease in DWI/PI incidenhs in hhe lash few years. Mayor Manning said hhah he believes hhis issue is nob economic buh personal and if hhe vo~e honighh is differenh khan hhah haken on Ochober 15, hhen hhe Cihy will have lahe hours sales of alcohol every night of hhe week. The Mayor did say hhah ~his issue will be reconsidered sometime in January and hhah behween now and January a poll will be haken ho dehermine hhe preference of hhe cit~izens regarding hhis issue, going on ho say bhah he will vohe according ho hhe oubcome of hhe poll. Mayor Manning ~hen read hhe caphion of hhe ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY REPEALING ORDINANCE NUMBER 666 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 15TH DAY OF OCTOBER, 1990; ADDING CHAPTER 3, RELATING TO ALCOHOLIC BEVERAGES~ PROVIDING A SEVERABILITY CLAUSE~ PROVIDING THAT THIS ORDINANCE SHALL BE ~.~ULATIVE OF ALL OTHER ORDINANCES OF THE CITY 2 RELATING TO ALCOHOLIC BEVERAGES~ EXCEPT TO THE EXTENT OF CONFLICT H~REWlTH~ PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED ~ITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES~ DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE At bhe requesb of bhe Mayor, Pabti Hicks, Ciby Secrebary, explained bhe effective date of bhis ordinance, stabing bhab the ordinance is in effect upon passage by bhe Ciby Council, bub thab the penalby cannob be enforced unbil ten (10) days afber publicabion. Ms. Hicks noted bhe ordinance will be published Tuesday or Wednesday of nexb week (November 6 or 7). Mayor Manning opened the floor bo facbual sbabements only, nob personal opinions. Ken Wood, 5000 N. Colony shared that bhe $10,000 in tax revenue is not all thab is realized by the city from these parbicular businesses, going on bo say bhat persons may go bo bhe grocery shore before or afber being ab bhe bar, or they may buy gasoline in the city, ebc. Councilman Lynch nobed bhab Secbion 2 of bhe ordinance did nob have bhe line regarding off-premise consumpbion permibs, which is allowed by Section 105.04 of the Texas Alcoholic Beverage Code. Ms. Hicks sbabed thab could be added, ib was in bhe original ordinance. Councilman Gomez moved bo adopb the ordinance with bhe correcbion and Councilman Marks seconded bhe mobion. Councilman Burchard asked when bhe survey would be baken and bhe Mayor said as soon as possible, bhab he had been in bouch wibh Norbh Texas already. Councilman Burchard said a dabe for reconsideration in January needs bo be seb and bhe Mayor said bhat would be difficult wibhoub knowing when bhe poll will be complebe. Councilman Wibhers said there are already four Council signabures on a request bo reconsider bhis ibem January 21, 1991. The robe was bhen taken on bhe mobion which carried as follows: Lynch - Aye, Withers - No, Alianell - Aye, Burchard - No, Gomez - Aye, Marks - Aye, Manning - Aye. Wibh no further business bo address, Councilman Alianell moved bo adjourn bhe meeting, Councilman Burchard seconded bhe motion which carried with all members voting Aye and Mayor Manning adjourned the meeting ab 7:10 p.m. APPROVED: William W. Mann~ng, May~r.~ ATTEST: cKs, ~i[y ~ecre~ary [SEAL] 4