City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final City Council Regular Meeting Monday, August 5, 2013 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Pastor Rodolfo Mora, Iglesia El Shaddai CITIZEN COMMENTS INFORMATION SHARING 13-733 Recognition of Residents and Community Leaders, Participating in the Neighborhood Revitalization Efforts Under the Together We Serve Initiative Attachments: Agenda Item Summary CONSENT AGENDA A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this be Approved . The motion carried by the following vote. These items consist of non-controversial or housekeeping items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. MINUTES 13-734 Minutes of the City Council Regular Meeting of July 16, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-735 Minutes of the City Council Work Session of July 15, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final August 5, 2013 13-736 Minutes of the City Council and Planning and Zoning Commission Joint Meeting of July 29, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-678 Minutes of the Collin County Airport Development Corporation Meeting of June 13, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-638 Minutes of the Historic Preservation Advisory Board Regular Meeting of May 2, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-640 Minutes of the McKinney Armed Services Memorial Board Meeting of June 12, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-655 Minutes of the McKinney Arts Commission Special Meeting of June 12, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-725 Minutes of the McKinney Community Development Corporation Board Meeting of June 27, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-726 Minutes of the McKinney Community Development Board Meeting of June 20, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-702 Minutes of the McKinney Convention & Visitors Bureau Meeting of June 4, 2013 Attachments: Minutes CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final August 5, 2013 This that this Minutes be Approved by consent roll call 13-687 Minutes of the McKinney Economic Development Corporation Board Meeting of June 18, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-737 Minutes of the McKinney Housing Authority Meeting of June 25, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-643 Minutes of the McKinney Main Street Board meeting of June 13, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-649 Minutes of the Parks, Recreation and Open Space Advisory Board Meeting of May 9, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-648 Minutes of the Planning and Zoning Commission Regular Meeting of June 25, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-709 Minutes of the Planning and Zoning Commission Regular Meeting of July 9, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call ORDINANCES 13-770 Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2012 - 2013 Annual Budget and Amending the 2013-2017 Capital Improvements Program, to Provide Funds for the Construction of Silverado Trail between Custer Road and Amon Carter Drive Attachments: Agenda Item Summary Ordinance Budget Amendment CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final August 5, 2013 This that this Ordinance be Approved by consent roll call RESOLUTIONS 13-738 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 709 Maples Avenue Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-739 Consider/Discuss/Act on a Resolution to Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 1005 Josephine Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-740 Consider/Discuss/Act on a Resolution to Authorizing the City Manager to Participate in Execution of Special Warranty Deed for William Davis Survey Tract 252 Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-741 Consider/Discuss/Act on a Resolution to Authorizing the City Manager to Participate in Execution of Special Warranty Deed for William Davis Survey Tract 199 Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final August 5, 2013 13-742 Consider/Discuss/Act on a Resolution to Authorizing the City Manager to Participate in Execution of Special Warranty Deed for William Davis Survey Tract 161 Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-743 Consider/Discuss/Act on a Resolution to Authorizing the City Manager to Participate in Execution of Special Warranty Deed for McKinney Outlots Addition Lot 885 Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-744 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for Lots 871, 872, and 873 McKinney Outlots Addition Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-745 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 1100 W. Louisiana Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-746 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for Lot 13 and Lot 14 of the Underwood Addition CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final August 5, 2013 Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-747 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for William Davis Survey Tract 257 and Tract 202 Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-748 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for William Davis Survey Tract 249 Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-749 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 1007 Roosevelt Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-750 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 1007 Charleston Street CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final August 5, 2013 Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-751 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 408 Main Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-752 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 404 McDonald Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-753 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 405.5 Main Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-754 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 803 Odell Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 7 City Council Regular Meeting Minutes - Final August 5, 2013 13-755 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 404 Bumpas Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-756 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 414 Wilson Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-757 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 902 Anthony Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-758 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 503 Bumpas Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-759 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 802 E. Anthony Street CITY OF McKINNEY, TEXAS Page 8 City Council Regular Meeting Minutes - Final August 5, 2013 Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-760 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 300 Pearson Ave Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-761 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 1209 Garcia Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-762 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 409 Throckmorton Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-763 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 916 N. Church Street CITY OF McKINNEY, TEXAS Page 9 City Council Regular Meeting Minutes - Final August 5, 2013 Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-764 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for Lot 383A, McKinney Outlots Addition Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-765 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 1402 E. Anthony Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-766 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for 612 Fenet Street Attachments: Agenda Item Summary Resolution Special Warranty Deed Land Disposition Policy This that this Resolution be Approved by consent roll call 13-767 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Deed without Warranty for 402 Rice Street Attachments: Agenda Item Summary Resolution Deed without Warranty Land Disposition Policy CITY OF McKINNEY, TEXAS Page 10 City Council Regular Meeting Minutes - Final August 5, 2013 This that this Resolution be Approved by consent roll call 13-771 Consider/Discuss/Act on a Resolution Approving a Budget Amendment for the McKinney Economic Development Corporation for Fiscal Year 2012-2013 Attachments: Agenda Item Summary Resolution Budget Amendment This that this Resolution be Approved by consent roll call END OF CONSENT REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 12-234Z7 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Verizon Wireless, on Behalf of Roanoke Manor, L.L.C., for Approval of a Request to Rezone Fewer than 4 Acres from “PD” - Planned Development District, “REC” - Regional Employment Center Overlay District, and “CC” - Corridor Commercial Overlay District to “PD” - Planned Development District, “REC” - Regional Employment Center Overlay District, and “CC” - Corridor Commercial Overlay District, to Allow for a Support Tower for Cellular Communication Antennas, Located Approximately 1,500 Feet East of Lake Forest Drive and Approximately 230 Feet South of Future Collin McKinney Parkway, and Accompanying Ordinance (REQUEST TO BE TABLED) Attachments: Agenda Item Summary Location Map and Aerial Exhibit A motion was made by Council member Pogue, seconded by Council member Kever,that this Ordinance be Tabled Indefinitely . The motion carried by the following vote. 13-091Z3 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Southern Land Company, L.L.C., on Behalf of SLC McKinney Partners, L.P., for a Request to Rezone Fewer than 29 Acres from “PD” - Planned Development District to “PD” - Planned Development District, Generally to Modify the Development Standards, Located on the East Side of Future Stonebridge Drive and Approximately 1,300 Feet North of U.S. Highway 380 (University Drive) and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 11 City Council Regular Meeting Minutes - Final August 5, 2013 Attachments: Agenda Item Summary PZ Staff Report PZ Minutes Maps Letter of Intent Existing PD 2010-10-042 Proposed Ordinance Ordinance Exhibits PowerPoint Presentation A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Harris,that this Ordinance be Approved . The motion carried by the following vote. 13-096Z4 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Abernathy, Roeder, Boyd & Joplin, on Behalf of McKinney Seven 17, L.P. and VCIM Partners, L.P., for Approval of a Request to Rezone Fewer than 7 Acres from “AG” - Agricultural District, “PD” - Planned Development District, and “REC” - Regional Employment Center Overlay District to “PD” - Planned Development District and “REC” - Regional Employment Center Overlay District, to Modify the Allowed Land Uses and Development Standards, Located on the Northwest Corner of Chief Spotted Tail Drive and Alma Road, and Accompanying Ordinance Attachments: Agenda Item Summary PZ Minutes 07-09-13 PZ Minutes 06-25-13 PZ Minutes 06-11-13 PZ Report Location Map and Aerial Exhibit Letter of Intent Existing Ordinance No. 2001-02-017 Proposed Ordinance Proposed Exhibits A-E PowerPoint Presentation A motion was made by Council member Kever, seconded by Council member Pogue,that this Ordinance be Approved . The motion carried by the following vote. 13-103Z3 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Abernathy, Roeder, Boyd & Joplin, on Behalf of McKinney Seven 50, L.P., for Approval of a Request to Rezone Fewer than 25 Acres from “PD” - Planned Development District and “REC” - Regional CITY OF McKINNEY, TEXAS Page 12 City Council Regular Meeting Minutes - Final August 5, 2013 Employment Center Overlay District to “PD” - Planned Development District and “REC” - Regional Employment Center Overlay District, Generally to Modify the Development Standards, Located on the East Side of Custer Road and Approximately 300 Feet North of Collin McKinney Parkway, and Accompanying Ordinance Attachments: Agenda Item Summary PZ Minutes 07-09-13 PZ Minutes 06-25-13 PZ Report Location Map and Aerial Exhibit Exisiting Ordinance No. 2006-02-018 Letter of Intent Existing Ordinance No. 2001-02-017 Proposed Ordinance Proposed Exhibits A-B PowerPoint Presentation A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Harris,that this Ordinance be Approved . The motion carried by the following vote. 13-101Z3 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Abernathy, Roeder, Boyd & Joplin, on Behalf of McKinney Seven Stacy, L.P., for Approval of a Request to Rezone Fewer than 85 Acres from “PD” - Planned Development District and “REC” - Regional Employment Center Overlay District to “PD” - Planned Development District and “REC” - Regional Employment Center Overlay District, Generally to Modify the Development Standards, Located on the Southeast Corner of Custer Road and Future Silverado Trail, and Accompanying Ordinance Attachments: Agenda Item Summary PZ Minutes PZ Report Location Map and Aerial Exhibit Letter of Intent Fiscal Analysis Existing Ordinance No. 1756 Proposed Ordinance Exhibits A-C PowerPoint Presentation A motion was made by Council member Kever, seconded by Mayor Pro-Tem Ussery,that this Ordinance be Approved Closing Public Hearing . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 13 City Council Regular Meeting Minutes - Final August 5, 2013 A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Harris,that this Ordinance be Approved . The motion carried by the following vote. 13-686 Consider/Discuss/Act on a Chapter 380 Economic Development Agreement with McKinney Seven Stacy, LP for the Construction of the Eastbound Lanes and Bridge of Silverado Trail between Custer Road and Amon Carter Drive Attachments: Agenda Item Summary Location Map of Silverado Trail Charter 380 Agreement A motion was made by Council member Kever, seconded by Council member Pogue,that this Agenda Item be Approved . The motion carried by the following vote. 13-768 Consider/Discuss/Act Upon Adoption of a Resolution Determining a Public Necessity to Acquire Certain Property for Public Use by Eminent Domain for a Drainage Easement for the Construction, Access and Maintenance Associated with the FM 543 Realignment Project Commencing from US 75 Continuing Northwesterly for Approximately 2400 Feet; Authorizing the City Manager to Establish Procedures for Acquiring the Drainage Easement on Said Property, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions Attachments: Agenda Item Summary Resolution Location Map A motion was made by Council member Kever, seconded by Mayor Pro-Tem Ussery,that this Resolution be Approved . The motion carried by the following vote. 13-769 Consider/Discuss/Act on Fiscal Year 2013-14 Proposed Tax Rate and Set Public Hearing and Adoption Dates Attachments: Agenda Item Summary A motion was made by Council member Kever, seconded by Council member Harris,that this Agenda Item be Approved . The motion carried by the following vote. CITIZEN COMMENTS COUNCIL AND MANAGER COMMENTS CITY OF McKINNEY, TEXAS Page 14 City Council Regular Meeting Minutes - Final August 5, 2013 Council and Manager Comments relating to items of public interest: Announcements regarding local or regional civic and charitable events, staff recognition, commendation of citizens, traffic issues, upcoming meetings, informational update on City projects, awards, acknowledgement of meeting attendees, birthdays, requests of the City Manager for items to be placed on upcoming agendas, and condolences. EXECUTIVE SESSION In Accordance with the Texas Government Code: A. Section 551.071 (2). Consultation with City Attorney on any Work Session, Special or Regular Session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said items (as needed) B. Section 551.072. Deliberations about Real Property • John R. Jones Survey, Abstract 497, Tract 2, 102.52 • Land Development – FM 546 to US 380 and Highway 5 to New Hope Road • Municipal Facilities • 1392 Old Mill Road, 75.0665 Acres in G.B. Pilant Survey, Abstract No. 691 C. Section 551.087 – Discuss Economic Development Matters • Project A71 • Project A72 • Project A78 • Project A90 • Project A94 • Project A97 • Project A98 • Project A99 • Project A100 • Project A101 • Project A102 • Project A103 • Project A104 • Project A105 • Project A106 • Project A107 ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Harris,that this be Adjourn . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 15 City Council Regular Meeting Minutes - Final August 5, 2013 Posted in accordance with the Texas Government Code, Chapter 551, on the 1st day of August, 2013 at or before 5:00 p.m. ___________________________ Sandy Hart, TRMC, MMC City Secretary If you plan to attend this public meeting and you have a disability that requires special arrangements, please contact Sandy Hart, City Secretary at 972-547-7505 or Blanca Garcia, Assistant City Secretary at 972-547-7504, 48 hours prior to the scheduled meeting. Reasonable accommodations will be made to assist you. CITY OF McKINNEY, TEXAS Page 16