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Home My WebLink About11/01/2011 City Council November 1, 201 1 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON NOVEMBER 1, 2011 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 1st day of November 2011, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Absent Allen Harris Councilmember Present Richard Boyer Mayor Pro-Tem Present Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag CoullCilmember 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 - Trinity Presbyterian Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Christi Martin announced that the Chamber of Commerce received an award for their support of the arts in The Colony and will be recognized at the Fairmont Hotel in Dallas tomorrow. Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Parks and Recreation also announced their upcoming events. Mayor Pro Tern Richard Boyer advised that Mayor McCourry was out of town on business. He also said that he is pulling items 2.6 and 2.7 from the agenda. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held October 18t" [Harris, Schrag- WS] and October 24th, 2011 (City Secretary) 2.2 Consider approving council expenditures for August 2011 (Council) 2.3 Consider approving a resolution amending the 2011-2012 111Iaster Fee Schedule to include a meter trip fee, establish no fee for organizational event sign variances, and to allow the city manager to reduce fees for non-profit organizations (Finance) These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. I November 1, 201 1 2.5 Consider approving a resolution authorizing the city manager to execute a professional services agreement with TJ Sports to provide sports officiating services for the Parks and Recreation Department's athletic programs (PARR) Motion to approve above consent agenda items- Schrag; second by Connelly; inotion passed with all ayes. Councilmember Harris pulled item 2.4 for separate discussison. 2.4 Consider approving a resolution authorizing the city manager to execute a professional services agreement with Dunkin, Sims, Stoffels, Inc. for design services and preparation of construction documents to renovate the Carr/Chapman, Friendship, and David Cowan neighborhood parks, to be funded by the Community Development Corporation (PARR) Councilmember Harris thanked the Community Development Corporation for their efforts to upgrade these parks. He added that there will be an opportunity for residents to provide input on the park improvements. Motion to approve- Harris; second by Schrag; motion passed with all ayes. Items 2.6 and 2.7 were pulled from the agenda and not discussed. 2.6 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) 2.7 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) 3.0 REGULAR AGENDA ITEMS 3.1 Conduct the second reading, discuss and consider adopting an ordinance amending the Code of Ordinances Appendix A, Zoning Ordinance, Section 10-100 Schedule of Uses and Section 10-300 Definitions, to allow and define Tattoo Parlor uses (Development Services, SI11-0018) Mike Joyce reviewed changes made based on council discussion on October- 18`x'. The ordinance as presented requires a 1,000 foot buffer from schools and other tattoo parlor or body art businesses. All businesses wanting to practice tattooing, body art, body piercing, or permanent cosmetics will be required to obtain a specific use permit. Citizen Jason Euler spoke in support of approval. He added that the SUP process might deter some businesses from coming to The Colony because the process takes approximately 31/2 months to complete. Mike Joyce advised that the process could be streamlined to shorten it a few weeks but because notice requirements must be met, it does take a while. Councilmember Connelly stated he feels it unnecessary to have the buffer zone because locations can be controlled through the SUP process. Motion to approve as presented- Harris; second by Terre; motion passed with all ayes axcept for Connelly who voted no. 2 November 1, 201 1 3.2 Conduct a public hearing, discuss and consider adopting an ordinance amending the Code of Ordinances, Section 10-600 of Appendix A, Zoning Ordinance, entitled "Planned Development District," by adding a new section 10-614 concerning City-initiated Planned Development Districts; authorizing the modification of some or all of the requirements of the comprehensive zoning ordinance with respect to planned development districts (Development Services, SI11-0024) Mike Joyce advised the council that they already have the authority to initiate planned development districts and that this ordinance provides a clarification on the matter. Planning and Zoning Commission recommended approval. The public hearing was opened and closed at 7:27 p.m. with no one wishing to speak. Councilmember Schrag thanked Mike for taking care of this housekeeping item. 3.3 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a contract to construct a concrete parking lot at Lions Club Part: (Engineering) City Engineer Gordon Scruggs reviewed the need for the parking lot at Lion's Club Park to be paved (currently gravel). This project will pave the parking area and grade it for improved drainage. Bids were received with the low bidder being Estrada Concrete Company at a total price of $55,999.50. The engineering was done in-house and the cost of the project will be reimbursed by street impact fees. Councilmember Harris inquired about other parking areas that need to be paved as well. Parks Director Pam Nelson advised they have been on the CIP list for several years. Ilotiou to approve- Schrag; second kt, Connelly; motion passer];i,ith all ayes. Councilmember Connelly suggested this item should have a consent agenda item. Executive Session was convened at 7:40 p.m. F-4,011 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT 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. C. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAs LOCAL GOVERNMENT CODE to deliberate the offer of a financial or other incentive to a business prospect (AC). 3 November 1, 2011 D. Council shall convene into a closed executive session pursuant to Section 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property. E. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEyAs GOVERNMENT CODE to seek legal advice from the city attorney regarding acquisition of utility easements for one property located on F.M. 423. Reconvened Open Session at 9:37 1).111. 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. No action. C. Any action as a result of executive session regarding an offer of a financial or other incentive to a business prospect (AC). Motion to approve a performance agreeaaent with Armstrong World Industries on the teraaas as discussed in executive session- Harris; second by Connelly; motion passed with all ayes. D. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. Not discussed. E. Any action as a result of executive session regarding the acquisition of a utility easement located on F.1Vf. 423. Motion to approve the acquisitions of the utility easements on the property for the terms as presented- Harris; second by Connelly; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 9:40 p.m. APPROVED: Joe McCou - y, Mayor City of The Colony ATTEST: finstle Wilson, TRMC City Secretary " az~Lur' 4