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City Council Regular Meeting

Regular Meeting

McKinney, TX · August 20, 2013

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Minutes

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, August 20, 2013 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final August 20, 2013 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Reverend Leon Veazey, The Salvation Army Presentation of GFOA Distinguished Budget Award for FY2013 Budget CITIZEN COMMENTS CONSENT AGENDA the following consent items: 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 Minutes of the City Council Budget Work Session of August 2, 2013 Approved Minutes of the City Council Work Session of August 5, 2013 Approved Minutes of the City Council Regular Meeting of August 5, 2013 Approved Minutes of the City Council Special Meeting of August 12, 2013 Approved Minutes of the Collin County Airport Development Corporation Meeting of July 15, 2013. Approved Minutes of the McKinney Main Street Board Meeting of May 16, 2013 Approved ORDINANCES CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final August 20, 2013 Consider/Discuss/Act on an Ordinance Revising Ordinance 2013-06-051 which Established School Zones and Crosswalks for Lindsey Elementary School Approved RESOLUTIONS Consider/Discuss/Act on a Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with the McKinney Independent School District for School Resource Officers This matter was Approved Consider/Discuss/Act on a Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with the Frisco Independent School District for School Resource Officers Approved Consider/Discuss/Act on a Resolution Authorizing the City Manager to Enter into an Interlocal Agreement with Allen Independent School District for Crossing Guards Approved Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with Frisco Independent School District for Crossing Guards Approved Consider/Discuss/Act on a Resolution Authozing the City Manager to Execute an Interlocal Agreement with Prosper Independent School District for Crossing Guards Approved Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with McKinney Independent School District for Crossing Guards Approved Consider/Discuss/Act on a Resolution Awarding an Annual Fixed Price Service Contract to Fannin Tree Farm and Irri-Tech of Texas for Landscape and Irrigation Services and Installation Approved Consider/Discuss/Act on a Resolution Awarding an Annual Fixed Price CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final August 20, 2013 Contract to Lattimore Materials for Concrete: Ready Mixed Approved Consider/Discuss/Act on a Resolution Awarding an Annual Fixed Price Contract to Signature Commercial Printing, ColorWorks Printing, Trend Offset Printing, OfficeMax ImPress Print and Document, Print Tyme Printing and Graphics, Office Depot, Alphagraphics, Frisco Printing and Graphics Center, 1 Stop Print and Office Supply, and Dimaco for Custom Printing Approved Consider/Discuss/Act on a Resolution Awarding a Contract with Structural and Steel Products for Traffic Signal Poles on an As-Needed Basis Approved Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Cigna for Third Party Administration Services of the Medical, Wellness, and Dental Plans, MaxorPlus for Pharmacy Benefit Management, and SunLife for Group Life and Long-term Disability Insurance Approved Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with the PFM Group for Financial Advisor Services. Approved Consider/Discuss/Act on a Resolution Approving a Budget Amendment for the McKinney Economic Development Corporation for Fiscal Year 2012-2013 Approved END OF CONSENT REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. Conduct a Public Hearing to Consider/Discuss/Act on the Request by Big Tony’s Grill, on Behalf of Heritage Plaza Limited, for Approval of a Specific Use Permit for a Private Club (Big Tony’s Grill), Being Fewer than 3 Acres, Located on the Southwest Corner of U.S. Highway 380 (University Drive) and Redbud Boulevard, and Accompanying CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final August 20, 2013 Ordinance close the&nbsp;public hearing and approve an Ordinance&nbsp;&nbsp;approving a specific use permit for a Private Club (Big Tony's Grill), being fewer than 3 acres, located on the southwest corner of U.S. Highway 380 (University Drive) and Redbud Boulevard.&nbsp;&nbsp; Conduct a Public Hearing to Consider/Discuss/Act on the Request by Oden Hughes, L.L.C., on Behalf of OH Skyline / 380, L.P., for Approval of a Request to Rezone Fewer than 12 Acres from “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District to “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District, Generally to Modify the Development Standards, Located on the West Side of Skyline Drive and Approximately 300 Feet North of U.S. Highway 380 (University Drive), and Accompanying Ordinance to close the public hearing and approve an Ordinance rezoning fewer than 12 acres from "PD" - Planned Development District and "CC" - Corridor Commercial Overlay District to "PD" - Planned Development District and "CC" - Corridor Commercial Overlay District, generally to modify the Development Standards, located on the west side of Skyline Drive and approximately 300 feet north of U.S. Highway 380 (University Drive), with the following special ordinance provisions:&nbsp;&nbsp;The subject property shall develop in accordance with the "MF-1" - Multi-Family Residential-Low Density District, and as amended, and "CC" - Corridor Commercial Overlay District, and as amended, except as follows:&nbsp;&nbsp;a maximum of 212 multi-family residential dwelling units shall be permitted on the subject property,&nbsp;a maximum multi-family residential building height of 3 stories shall be permitted on the subject property,&nbsp;a 6-foot tall board-on-board wood fence with masonry columns spaced every 20 feet on center shall be permitted as an approved screening device along the side and rear property lines (i.e. northern, western, and southern boundaries). The eastern boundary along Skyline Drive will consist of a 6-foot tall primed and painted tubular steel or wrought iron fence with masonry columns spaced 20 feet on center with structural supports placed every 10 feet on center and with sufficient evergreen landscaping to create a screening effect. This steel fence will terminate into a minimum 6 foot tall masonry wall that abuts both sides of the community entry drives and spans a distance of no less than 10 feet on either side,&nbsp;and the property will provide a 1,500 sq. ft. enclosed dog park and will include, but not be limited to a minimum of two waste stations, two outdoor benches and/or seating for a minimum of six individuals. The park will be enclosed by a tubular steel or wrought iron fence which that stands a minimum of 42" in height. Additionally, one canopy tree shall be planted every 30 linear feet along the fence or evergreen shrubs (acceptable for low screening) shall be planted every four feet along the fence.&nbsp;<font face="Times New Roman"></font><font face="Times New Roman">&nbsp;</font><font face="Times New Roman">&nbsp;</font><font face="Times New Roman"> </font><dir><dir><font face="Symbol">h&nbsp;&nbsp; </font>The applicant is requesting to rezone approximately 11.57 acres of land, located on the west side of Skyline Drive and approximately 300 feet north of U.S. Highway 380 (University Drive) from "PD" - Planned Development District and "CC" - Corridor Commercial Overlay District to "PD" - Planned Development District CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final August 20, 2013 and "CC" - Corridor Commercial Overlay District, generally to modify the development standards. The applicant is requesting to modify several regulations that are currently applicable to the development of multi-family residential uses; specifically the maximum building height and the allowable screening devices. The applicant has also submitted an informational zoning exhibit which generally reflects how the property could be developed, subject to review and approval via the site plan approval process.</dir> </dir> Conduct a Public Hearing to Consider/Discuss/Act on the Request by 4th Avenue Investments, on Behalf of Irma Leigh Goleman, for Approval of a Request to Rezone Less than 1 Acre from “AG” - Agricultural District to “PD” - Planned Development District, Generally to Allow for Single Family Detached Residences and to Modify the Development Standards, Located Approximately 280 Feet North of Country Club Road and on the East Side of Nature Place, and Accompanying Ordinance to close the public hearing and approve an Ordinance&nbsp;rezoning less than 1 acre from "AG" - Agricultural District to "PD" - Planned Development District, generally to allow for single family detached residences and to modify the development standards, located approximately 280 feet north of Country Club Road and on the east side of Nature Place, with the following special ordinance provisions:&nbsp;&nbsp;the subject property develop in accordance with Section 146-71 "RS 84" - Single Family Residence District the Zoning Ordinance, and as amended, except as follows:&nbsp;&nbsp;setbacks on the subject property shall conform to the attached zoning exhibit,&nbsp;density of the subject property shall be a maximum of 2.4 dwelling units per acre,&nbsp;three 4" caliper canopy trees (providing at least two of the trees in the front yard) or two 6" caliper trees (providing at least one of the trees in the front yard) shall be provided for each residential lot,&nbsp;and the development of the subject property shall generally conform to the attached zoning exhibit. Conduct First Public Hearing on Proposed Tax Rate for Fiscal Year 2013-14 close the public hearing Conduct a Public Hearing to Consider/Discuss/Act on a Resolution Adopting the Water System Master Plan to close the public hearing and approve a Resolution adopting the Water System Master Plan Conduct a Public Hearing to Consider/Discuss/Act on a Resolution Adopting the Wastewater System Master Plan close the public hearing and approve&nbsp;a Resolution adopting the Wastewater System Master Plan Consider/Discuss/Act on a Request for a Variance to the Detention Requirements of the Stormwater Management Ordinance for the Oak Hollow Office Park Development CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final August 20, 2013 approve a&nbsp;variance regarding&nbsp;detention requirements for the 10-year storm to the&nbsp;Stormwater Management Ordinance for the Oak Hollow Office Park Development and denying the request regarding the requirements for the 1-year storm. Consider/Discuss/Act on Collin County Airport Governance and Related Documents table to the September 3, 2013 meeting Consider/Discuss/Act on an Amendment to the Hotel and Event Center Development Agreement by and between the City of McKinney, the McKinney Community Development Corporation, Gateway Hotel One, Ltd, and Champ-Beck Development, LLC approve an amendment to the Hotel and Event Center Development Agreement by and between the City of McKinney, the McKinney Community Development Corporation, Gateway Hotel One, Ltd, and Champ-Beck Development, LLC with adding the language regarding "no later than to the dates."&nbsp;&nbsp; CITIZEN COMMENTS COUNCIL AND MANAGER COMMENTS 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 CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final August 20, 2013 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 551.071 (1) (A). Litigation / Anticipated Litigation • City of McKinney, Texas v. OH Skyline/380, L.P., et al, 05-120001-CV C. 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 • 3550 N. Custer Road • 3598 N. Custer Road D. Section 551.074 Discuss Personnel Matters • City Manager Review Process and Annual Review E. Section 551.087 – Discuss Economic Development Matters • Project A71 • Project A72 • Project A78 • Project A90 • Project A97 • Project A98 • Project A99 • Project A100 • Project A102 • Project A103 • Project A104 • Project A105 • Project A106 • Project A107 ACTION ON EXECUTIVE SESSION ITEMS to authorize the City Manager to execute a bonafide offer for purchase of airport assets consistent with terms provided in Executive Session subject to Council approval of any final contractural&nbsp;documents upon resolution and vote at a future Council meeting in open session. ADJOURN adjourn CITY OF McKINNEY, TEXAS Page 7 City Council Regular Meeting Minutes - Final August 20, 2013 Posted in accordance with the Texas Government Code, Chapter 551, on the 16th 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 8

Agenda

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Tuesday, August 20, 2013 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Reverend Leon Veazey, The Salvation Army INFORMATION SHARING 13-808 Presentation of GFOA Distinguished Budget Award for FY2013 Budget Attachments: Budget Award & Press Release CITIZEN COMMENTS CONSENT AGENDA 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 13-809 Minutes of the City Council Budget Work Session of August 2, 2013 Attachments: Minutes 13-810 Minutes of the City Council Work Session of August 5, 2013 Attachments: Minutes 13-811 Minutes of the City Council Regular Meeting of August 5, 2013 Attachments: Minutes CITY OF McKINNEY, TEXAS Page 1 Printed on 8/20/2013 City Council Regular Meeting Agenda August 20, 2013 13-812 Minutes of the City Council Special Meeting of August 12, 2013 Attachments: Minutes 13-775 Minutes of the Collin County Airport Development Corporation Meeting of July 15, 2013. Attachments: Minutes 13-578 Minutes of the McKinney Main Street Board Meeting of May 16, 2013 Attachments: Minutes ORDINANCES 13-813 Consider/Discuss/Act on an Ordinance Revising Ordinance 2013-06-051 which Established School Zones and Crosswalks for Lindsey Elementary School Attachments: Ordinance Locator Map RESOLUTIONS 13-814 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with the McKinney Independent School District for School Resource Officers Attachments: Resolution Contract 13-815 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with the Frisco Independent School District for School Resource Officers Attachments: Resolution Contract 13-816 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Enter into an Interlocal Agreement with Allen Independent School District for Crossing Guards CITY OF McKINNEY, TEXAS Page 2 Printed on 8/20/2013 City Council Regular Meeting Agenda August 20, 2013 Attachments: Resolution Interlocal Agreement 13-817 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with Frisco Independent School District for Crossing Guards Attachments: Resolution Interlocal Agreement 13-818 Consider/Discuss/Act on a Resolution Authozing the City Manager to Execute an Interlocal Agreement with Prosper Independent School District for Crossing Guards Attachments: Resolution Interlocal Agreement 13-819 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with McKinney Independent School District for Crossing Guards Attachments: Resolution Interlocal Agreement 13-820 Consider/Discuss/Act on a Resolution Awarding an Annual Fixed Price Service Contract to Fannin Tree Farm and Irri-Tech of Texas for Landscape and Irrigation Services and Installation Attachments: Resolution Bid Tabulation 13-821 Consider/Discuss/Act on a Resolution Awarding an Annual Fixed Price Contract to Lattimore Materials for Concrete: Ready Mixed Attachments: Resolution 13-822 Consider/Discuss/Act on a Resolution Awarding an Annual Fixed Price Contract to Signature Commercial Printing, ColorWorks Printing, Trend Offset Printing, OfficeMax ImPress Print and Document, Print Tyme Printing and Graphics, Office Depot, Alphagraphics, Frisco Printing and Graphics Center, 1 Stop Print and Office Supply, and Dimaco for Custom Printing CITY OF McKINNEY, TEXAS Page 3 Printed on 8/20/2013 City Council Regular Meeting Agenda August 20, 2013 Attachments: Resolution Bid Summary 13-823 Consider/Discuss/Act on an Award of Contract with Structural and Steel Products for Traffic Signal Poles on an As-Needed Basis Attachments: Resolution Bid Tab 13-824 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Cigna for Third Party Administration Services of the Medical, Wellness, and Dental Plans, MaxorPlus for Pharmacy Benefit Management, and SunLife for Group Life and Long-term Disability Insurance Attachments: Resolution Selection Matrix 13-825 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with the PFM Group for Financial Advisor Services. Attachments: Resolution 13-826 Consider/Discuss/Act on a Resolution Approving a Budget Amendment for the McKinney Economic Development Corporation for Fiscal Year 2012-2013 Attachments: Resolution Budget Amendment END OF CONSENT REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 13-129SU2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Big Tony’s Grill, on Behalf of Heritage Plaza Limited, for Approval of a Specific Use Permit for a Private Club CITY OF McKINNEY, TEXAS Page 4 Printed on 8/20/2013 City Council Regular Meeting Agenda August 20, 2013 (Big Tony’s Grill), Being Fewer than 3 Acres, Located on the Southwest Corner of U.S. Highway 380 (University Drive) and Redbud Boulevard, and Accompanying Ordinance Attachments: PZ Minutes 072313 PZ Staff Report Location and Aerial Exhibit Letter of Intent Proposed Ordinance w/Exhibits Exhibit A Location Map Exhibit B Proposed Floorplan PowerPoint Presentation 13-132Z2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Oden Hughes, L.L.C., on Behalf of OH Skyline / 380, L.P., for Approval of a Request to Rezone Fewer than 12 Acres from “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District to “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District, Generally to Modify the Development Standards, Located on the West Side of Skyline Drive and Approximately 300 Feet North of U.S. Highway 380 (University Drive), and Accompanying Ordinance Attachments: Agenda Item Summary PZ Meeting Minutes PZ Staff Report Location Map and Aerial Exhibit Letter of Intent Zoning Exhibit - Informational Only Proposed Ordinance PowerPoint Presentation 13-148Z2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by 4th Avenue Investments, on Behalf of Irma Leigh Goleman, for Approval of a Request to Rezone Less than 1 Acre from “AG” - Agricultural District to “PD” - Planned Development District, Generally to Allow for Single Family Detached Residences and to Modify the Development Standards, Located Approximately 280 Feet North of Country CITY OF McKINNEY, TEXAS Page 5 Printed on 8/20/2013 City Council Regular Meeting Agenda August 20, 2013 Club Road and on the East Side of Nature Place, and Accompanying Ordinance Attachments: PZ Minutes 08-13-13 PZ Report Location Map and Aerial Exhibit Letter of Intent Fiscal Analysis PD Ordinance No. 2013-06-057 Proposed Ordinance Proposed Exhibits A-C PowerPoint Presentation 13-827 Conduct First Public Hearing on Proposed Tax Rate for Fiscal Year 2013-14 Attachments: Presentation 13-828 Conduct a Public Hearing to Consider/Discuss/Act on a Resolution Adopting the Water System Master Plan Attachments: Resolution Legal Notice Water Master Plan Map Water Master Plan Report 13-829 Conduct a Public Hearing to Consider/Discuss/Act on a Resolution Adopting the Wastewater System Master Plan Attachments: Resolution Legal Notice Wastewater Master Plan Map Wastewater Master Plan Report 13-830 Consider/Discuss/Act on a Request for a Variance to the Detention Requirements of the Stormwater Management Ordinance for the Oak Hollow Office Park Development Attachments: Variance Procedure Variance Request Letter Oak Hollow Aerial CITY OF McKINNEY, TEXAS Page 6 Printed on 8/20/2013 City Council Regular Meeting Agenda August 20, 2013 13-831 Consider/Discuss/Act on Collin County Airport Governance and Related Documents 13-843 Consider/Discuss/Act on an Amendment to the Hotel and Event Center Development Agreement by and between the City of McKinney, the McKinney Community Development Corporation, Gateway Hotel One, Ltd, and Champ-Beck Development, LLC Attachments: Amendment to Escrow Agreement Amendment to Hotel and Event Center Dev. Agreement Amendment to Termination of Agreement CITIZEN COMMENTS COUNCIL AND MANAGER COMMENTS 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 CITY OF McKINNEY, TEXAS Page 7 Printed on 8/20/2013 City Council Regular Meeting Agenda August 20, 2013 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 551.071 (1) (A). Litigation / Anticipated Litigation • City of McKinney, Texas v. OH Skyline/380, L.P., et al, 05-120001-CV C. 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 • 3550 N. Custer Road • 3598 N. Custer Road D. Section 551.074 Discuss Personnel Matters • City Manager Review Process and Annual Review E. Section 551.087 – Discuss Economic Development Matters • Project A71 • Project A72 • Project A78 • Project A90 • Project A97 • Project A98 • Project A99 • Project A100 • Project A102 • Project A103 • Project A104 • Project A105 • Project A106 • Project A107 ACTION ON EXECUTIVE SESSION ITEMS ADJOURN CITY OF McKINNEY, TEXAS Page 8 Printed on 8/20/2013 City Council Regular Meeting Agenda August 20, 2013 Posted in accordance with the Texas Government Code, Chapter 551, on the 16th 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 9 Printed on 8/20/2013

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