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Home My WebLink About01/17/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON JANUARY 17, 1983 A REGULAR SESSION 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: Gene Pollard Mayor Scott North Councilman Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and with no members absent; thus, a quorum was established. 1. APPROVAL OF MINUTES Councilman Parker moved to approve the minutes of the two Special Sessions conducted on the afternoon of January 7, 1983. This motion was seconded by Councilman Poole, and passed by the following roll call vote: Ayes: Councilmen Adeler, Parker and Poole, Mayor Pollard Noes: None Abstentions: Councilmen North, Sample and Dodds 2. CITIZEN INPUT Mayor Pollard advised that no one had signed up to speak before the Council at this time. 3. CONSIDERATION OF ACCEPTANCE OF CITY AUDIT Mayor Pollard recognized Michael Moore and Larry Mullen of Peat Marwick Mitchell and Company to present the audit to the Council at this time. Mayor Pollard advised the members of the firm that the Council only received the audit this afternoon, and they were not prepared to approve it at this time. However, he did ask the Councilmen if they had any particular questions. Councilman Sample asked if the city has made any progress regarding internal controls, particularly our dealings with the Municipal Utility District and the tax roll. Mr. Mullen advised that the problems with the collection of tax money had been solved. Council- man Sample then asked if the city should have a copy of the tax roll, and if it would be a worthwhile effort to review the appraisal figures. Mr. Moore advised that that would entail a very significant level of effort but possibly could be done. It was agreed that the audit review would be placed on the agenda for the February 7th meeting for approval. 4. CONSIDERATION AND APPROVAL OF ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A BEVERAGE STORE IN A SHOPPING CENTER ZONING AT GRIFFIN SQUARE SHOPPING CENTER Mayor Pollard read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COM- PREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED HEREIN TO "SC" SHOPPING CENTER DISTRICT SUBJECT TO A SPECIFIC USE PERMIT FOR A BEVERAGE STORE (DEFINITION 109); 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. -1- 001 0 Mr. Bradburry presented again the plans for the store that would be in Lease No. 314. He advised the Council that Mr. Sharp's plans did meet all the requirements for a Specific Use Permit. The Council was also advised that the zoning for a Specific Use Permit does go with the location rather than the owner of the establishment. However, the attorney has advised that if the Council so desires it can be limited to the particular owner. After further discussion, Councilman Parker moved to approve this ordinance as presented to the Council granting a Specific Use Permit for a liquor store. This motion was seconded by Council- man North. Prior to voting, Councilman Sample presented an amenda- tory motion that this zoning not be transferrable to another owner. This motion was seconded by Councilman Parker. Councilman Adeler stated that he felt this amendment was superfluous and need not be made. Mayor Pollard called for a vote on the amenda- tory motion, which passed by the following roll call vote: Ayes: Councilmen North, Sample, Parker, Dodds and Poole Noes: Councilman Adeler Abstention: Mayor Pollard Mayor Pollard then called for a vote on the amended motion, which passed by the following roll call vote: Ayes: Councilmen North, Sample, Adeler, Parker, Dodds and Poole Noes: None Abstention: Mayor Pollard 5. DISCUSSION OF ORDINANCE REGULATING HANDICAPPED PARKING AREAS Mr. Sartain, City Manager, advised that he had placed a copy of this ordinance into their packet for them to review. He stated that the stickers that are issued by the state can be purchased at the Denton County Annex in Lewisville. Mr. Sartain further recommended that Section 1 of this ordinance be amended from the Police Department to the City Manager. He stated that he felt the Traffic Administrator should be the City Manager or his designated appointee. Councilman North asked who would have to pay for the signs for the marking of handicapped parking spaces. Mr. Sartain advised that the owners of the particular property must mark it for handicapped parking. He further advised that the city would contact all owners of property after the passage of this ordinance. Councilman North asked that the staff check to see if we could possibly issue the stickers. Mr. Sartain stated that he would check into this option. 6. REVIEW OF DEED RESTRICTIONS FOR SUBDIVISIONS Mr. Sartain referred to a letter from the city attorney regarding the enforcement of deed restrictions. He stated that the attorney advised that if the Council did want to be a party to the cluster development deed restrictions or any other deed restrictions they must be named in that document. He stated that he did not recommend the city getting into the job of enforcing deed restric- tions. In a lengthy discussion, the Council did note that the cluster development deed restrictions referred to individual signs in yards as being no larger than ten square feet. Councilman Parker recommended that this be in compliance with the sign ordi- nance, which limits the square footage to six. Mayor Pollard requested that Article 3, Section 3, which deals with construction material, have stucco removed. Mayor Pollard also stated that he did understand the City Manager's concern with enforcement problems, but he did feel the city was obligated to try to enforce all legal documents within the city. In a lengthy discussion of this, Councilman Adeler stated that city ordinances do prevail, and they are enforced by the city. Councilman North also agreed and felt like the city should not be a party to deed restrictions. After further discussion, Councilman Dodds moved that the deed restrictions for the cluster development as well as the buffer zones in Sections 24 and 26 be approved with the amendments regarding -2- 00! 0 the signs and the stucco building material included. Seconded by Councilman Parker, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION AND APPROVAL OF ORDINANCE AMENDING ORDINANCE NO. 168 TO 65% BRICK ONLY ON THE FIRST STORY Mayor Pollard stated that this item would be discussed at a later meeting. 8. CONSIDERATION AND APPROVAL OF ORDINANCE REQUIRING A CERTIFICATE OF OCCUPANCY PRIOR TO UTILITY CONNECTIONS IN DWELLING UNITS Mr. Bradburry advised the Council that this will give the staff the leverage that it will need to enforce the Certificate of Occupancy requirement. At this time, Mayor Pollard read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE UNIFORM BUILDING CODE, 1979 EDITION, OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, HERETOFORE ADOPTED BY ORDINANCE NO. 120, TO PROHIBIT THE INSTALLATION OR CONNECTION OF UTILITIES PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AS REQUIRED BY SECTION 301 OR A CERTIFICATE OF OCCUPANCY AS REQUIRED BY SECTION 306; 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 Dodds moved that this ordinance be approved as presented. This motion was seconded by Councilman Sample. Prior to voting, Councilman Dodds stated that this action will complete the process on this ordinance. Mayor Pollard then called for a vote on the motion on the floor. The motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION AND APPROVAL OF ORDINANCE AMENDING CITY ORDINANCE NO. 15 TO ALLOW THE ESTABLISHMENT OF PARK FEES BY RESOLUTION Mayor Pollard read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE NO. 15 OF THE CITY OF THE COLONY TO PERMIT THE CITY COUNCIL TO ADOPT, BY RESOLUTION, CERTAIN FEES FOR PARK AND RECREATIONAL FACILITIES USES IN THE CITY; PROVIDING FOR A PENALTY OF FINE NOT TO EZXCEED THE SUM OF TWO HUNDRED DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Parker moved to approve this ordinance as presented. Seconded by Councilman North, the motion passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 10. CONSIDERATION AND APPROVAL OF RESOLUTION ESTABLISHING STEWARTS CREEK PARK FEES Mayor Pollard read aloud the following Resolution: WHEREAS, the City of The Colony has amended City Ordinance no. 15 to permit the City Council to adopt, by resolution, certain fees for Park and Recreational facilities, and WHEREAS, the U. S. Army Corps of Engineers has approved the City's Lease Agreement for the operation and maintenance of Stewarts Creek Park on Lake Lewisville, and -B- O0l Oo WHEREAS, as an attachment to this agreement the U. S. Army Corps of Engineers also approved the fee structure for the park: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: The User Fees for Stewarts Creek Park shall be: Annual Family Fee $15.00 (first sticker) 5.00 (each additional sticker) Daily Fee 2.00 Group Fee 20.00 This fee structure shall be administered by the Parks and Recreation Department. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THE DAY OF , 1983. /s/ GENE POLLARD, MAYOR /s/ ATTEST: JANICE CARROLL, CITY SECRETARY Councilman Parker moved to approve this Resolution as presented. The motion was seconded by Councilman Sample. Prior to voting, there followed a brief discussion. Councilman Parker did recom- mend that there be an early-buy program and that this be included in the Resolution. It was agreed that the term of the permit would run from January to December of a calendar year and that if the permit is purchased in the first quarter of the year, there would be a 20% reduction in price. Councilman Parker stated that he would like this to be an amendment to the motion. This was seconded by Councilman Dodds, and passed by the following roll call vote: Ayes: All members present voted aye Noes: None 11. CLOSED DOOR SESSION DEALING WITH PENDING LITIGATION AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES Mayor Pollard announced that the Council would meet in a closed door session dealing with pending litigation, and no action would be taken upon reconvening in open session. Upon reconvening in open session, Councilman North moved that the meeting be adjourned. Seconded by Councilman Dodds, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Mayor Pollard adjourned the meeting at 10:55 p.m. GENE/~OLLARD, MAYOR ATTEST: JAN/f/ CARROLL, --4--