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Home My WebLink About10/18/2011 City Council October 18, 201 1 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON OCTOBER 18, 2011 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:10 p.m. on the 18th day of October 2011, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Present (7:15 p.m.) Richard Boyer Mayor Pro-Tent Present Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with six council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Christi Martin showed a quilt that will be on display at the American Heroes event that was started at last year's event by children in the community. Wayne Bullard, President of the Friends of The Colony Public Library, announced the library's 30'x' anniversary that will be celebrated in February 2012. Announcement of upconning civic events and activities l- Parks & Recreation update on activities and events, which included the November food drive and the American Heroes event. Councilmember David Terre stated that the Pirate Days event held on the 15"' and 16"' was a great event held by city volunteers. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held October 4, 2011 and October- 10, 2011 special session (City Secretary) [Nlarks[[Connelly] 2.2 Second reading and consider adopting an ordinance amending Code of Ordinances, Chapter 8, entitled "Finance and Taxation," by adding a new Section 8-13 providing for the taxation of tangible personal property in transit (EDC) i These items arc strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 October- 18, 201 1 2.5 Consider approving a resolution authorizing the Mayor to sign an Interlocal Cooperation Agreement with Denton County for Library Services (Library) Motion to approve above consent agenda items- Schrag; second by Boyer; motion passed with all ayes. Mayor McCourry requested separate discussion on 2.3, 2.4 and 2.6. 2.3 Consider approving a resolution authorizing the city manager to execute the 2011-2012 Lease Agreement between Lakeside Community Theater and the City of The Colony for use of the Lakeside Arts Building (Shallenburger) 2.4 Consider approving a resolution authorizing the city manager to execute the 2011-2012 Lease Agreement between Holley-Riddle Post#21 and the City of The Colony for use of the Lakeside Arts Building (Shallenburger) Mayor McCourry noted that he has sent some suggested verbiage changes to Brant Shallenburger on the two lease agreements and would like these tabled to the next meeting so that those changes can be made. Brant will forward a red-line version of the changes to the council this week. Motion to table 2.3 and 2.4- Harris; second by Connelly; motion passed with all ayes. 2.6 Consider approving a resolution amending the guidelines for agenda preparation and order of business (Council) Mayor McCourry noted a suggested additional change to the resolution that mirrors the language in Section V. Attendance to the recently amended city charter. Also, he suggested that Section L I . of the Definitions amend the language to allow council to reschedule or cancel council meetings for reasons other than just conflicting holidays. COLIFICil 1ember Connelly suggested the change include "unless otherwise scheduled by council". Motion to approve the resolution with the changes as discussed- Connelly; second by Boyer; motion passed with all ayes. Councilmember Harris requested separate discussion on 2.7. 2.7 Consider approval of the list of professional service providers selected based on qualifications (Engineering) Councilmember Harris asked who was on the selection committee. City Engineer Gordon Scruggs said staff from Engineering, Public Works, and Parks & Recreation. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEI\IS 3.1 First reading, conduct a public hearing, and discuss an ordinance amending Appendix A, Section 10-100, Schedule of Uses and amending Section 10-300, Definitions, of the Code of Ordinances to allow and define Tattoo Parlor uses (Joyce, SI11-0018) 2 October 18, 201 1 Senior Planner Brooks Wilson reviewed this item saying it includes three uses and definitions- body art studios [she noted that "body art studios" include piercing and branding], tattoo parlors, and permanent cosmetics salon. She reviewed the pros and cons of each, similar regulations of nearby cities, and the zoning changes under consideration. Brooks stated that the Planning and Zoning Commission is recommending all three uses have 1,000 foot buffers from schools and or other tattoos or piercing businesses, and be required to obtain a specific use permit. Staff is submitting a different recommendation as follows: four uses that include tattooing as a secondary use; that the specific use permit be required for all except for permanent cosmetics; and, that the 1,000 foot buffer be required only for body art studios and tattoo parlors. The public hearing was opened at 7:45 p.m. Jason Euler, Sheri Ayling, and Christi Martin spoke in favor. The public hearing was closed at 7:50 p.m. Several council members expressed their concern over the P&Z recommendation of 1,000 foot buffer for all of the uses. Council generally agreed that a specific use permit should be required. 3.2 Discuss and consider approving a resolution waiving the 2011 fixed minimum rent for Stewart Peninsula Golf Course by Verdi, LLC, lessee, in exchange for capital improvements to the golf course (Parks and Recreation) Parks Director Pam Nelson advised the council that the owner of Stewart Peninsula Golf has requested the lease payment be waived to allow him to reinvest those dollars into improvements to the cart paths and parking areas. The planned improvements exceed the equivalent lease payment. Motion to approve- Terre; second by Harris; motion passed with all ayes. Executive session convened at 8:05 p.m. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT1' CODE to seek legal advice from the city attorney regarding litigation between John McDonald and the City of The Colony. B. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAS GOVERNMENT CODE to deliberate commercial or financial information the city has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect, and receive legal advice from city attorney pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE regarding economic development laws and possible incentives. Reconvened to Open Session at 10:10 4.2 A. Any action as a result of executive session regarding litigation between John McDonald and the City of The Colony. No action. B. Any action as a result of executive session regarding economic development negotiations. 3 October 18, 2011 No action. And with no further business to discuss the meeting was adjourned at 10:12 p.m. APPROVED: 2 XMcCourry, or ~~~v~✓~ City of The Colony ATTEST: Christie Wilson, TRMC % j # City Secretary ` 4