City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, October 15, 2013 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final October 15, 2013 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Father Mike Michie, St. Andrew’s Episcopal Church INFORMATION SHARING Recognition of Officer Donnie Williams for his Participation in the 2013 Harley Davidson Law Enforcement Motorcycle Skills Competition Recognition of Officer Rene Fernandez for His Act of Heroism CITIZEN COMMENTS 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 Minutes of the City Council Work Session of September 30, 2013 This that this Minutes be Approved by consent roll call Minutes of the City Council Regular Meeting of October 1, 2013 This that this Minutes be Approved by consent roll call Minutes of the Board of Adjustment Regular Meeting of August 28, 2013 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention and Visitors Bureau Board meeting of August 27, 2013. This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention and Visitors Bureau Special Meeting of September 5, 2013. This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final October 15, 2013 Minutes of the McKinney Housing Authority Meeting of July 23, 2013 This that this Minutes be Approved by consent roll call Minutes of the McKinney Housing Authority Meeting of August 22, 2013 This that this Minutes be Approved by consent roll call Minutes of the McKinney Housing Authority Meeting of August 28, 2013 This that this Minutes be Approved by consent roll call Minutes of the Planning and Zoning Commission Regular Meeting of September 10, 2013 This that this Minutes be Approved by consent roll call ORDINANCES Consider/Discuss/Act on an Ordinance Amending the Budgets for McKinney Economic Development Corporation (MEDC) for Fiscal Year 2012-2013 and Fiscal Year 2013-2014 This that this Ordinance be Approved by consent roll call Consider/Discuss/Act on an Ordinance Approving a Negotiated Resolution Between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid-Tex Division Regarding the Company’s 2013 Annual Rate Review Mechanism Filing This that this Ordinance be Approved by consent roll call RESOLUTIONS Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Kimley-Horn and Associates, Inc., for Engineering Design Services for Redbud Boulevard from Wilmeth Road to Bloomdale Road and 12-Inch Water Line and Any Necessary Supplemental Agreements This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Accept and Implement Urban Area Security Initiative (UASI) Program Grant Funding from the Department of Homeland Security through the North Central Texas Council of Governments (NCTCOG) to Purchase a Specialty Paramedic Response Vehicle for the Fire Department’s CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final October 15, 2013 Community Healthcare Program This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Accept and Implement Urban Area Security Initiative (UASI) Program Grant Funding from the Department of Homeland Security through the North Central Texas Council of Governments (NCTCOG) to Fund a Full-Time, Temporary Web Emergency Operations Center Position This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Accept and Implement Urban Area Security Initiative (UASI) Program Grant Funding from the Department of Homeland Security through the North Central Texas Council of Governments (NCTCOG) to Purchase a 3D Crime Scene Laser Scanner This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Setting a Public Hearing Date for November 19, 2013 to Consider the Amendment of the Updated Capital Improvements Plans for Utility Impact Fees as Part of the 2012-2013 Impact Fee Update This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Setting a Public Hearing Date for November 19, 2013 to Consider Adoption of the Updated Utility Impact Fee Ordinance and associated Fee Amendments as Part the 2012-2013 Utility Impact Fee Update This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Setting a Public Hearing Date for November 19, 2013 to Consider the Amendment of the Updated Capital Improvements Plan for Roadway Impact Fees as Part of the 2012-2013 Impact Fee Update This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Setting a Public Hearing Date for November 19, 2013 to Consider Adoption of the Updated Roadway Impact Fee Ordinance and Associated Fee Amendments as Part of the 2012-2013 Roadway Impact Fee Update This that this Resolution be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final October 15, 2013 END OF CONSENT CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final October 15, 2013 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 Sanchez & Associates, on Behalf of Greenway Investment Company for Approval of a Request to Rezone Fewer than 11 Acres from “PD” - Planned Development District and “REC” - Regional Employment Center Overlay District to “BG” - General Business District and “REC” - Regional Employment Center Overlay District, Generally to Modify the Development Standards, Located South and East of the Southeast Corner of Stacy Road and Custer Road, and Accompanying Ordinance A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Harris,that this Ordinance be Approved Closing Public Hearing . The motion carried by the following vote. A motion was made by Council member Kever, seconded by Mayor Loughmiller,that this Ordinance be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on the Request by Abernathy, Roeder, Boyd & Joplin, on Behalf of CCC Partnership, L.P., for Approval of a Request to Rezone Fewer than 42 Acres from “C” - Planned Center 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 Southwest Corner of Bloomdale Road and U.S. Highway 75 (Central Expressway), and Accompanying Ordinance A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Kever,that this Ordinance be Approved Closing Public Hearing . The motion carried by the following vote. A motion was made by Council member Harris, seconded by Council member Day,that this Ordinance be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Appointment to the Historic Preservation Advisory Board A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Harris,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Request for Approval of a Project to Construct an Indoor, Youth Multisport Facility by Plano Sports Authority (PSA) and Funding of an Equity Loan in the Amount of $3,200,000 by McKinney Community Development Corporation, to Facilitate the Project A motion was made by Council member Ricchi, seconded by Mayor Pro-Tem CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final October 15, 2013 Ussery,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on Approval of a Resolution Authorizing the City Manager to Execute Closing Documents Pursuant to the Asset Purchase Agreement Previously Approved under Resolution No. 2013-09-144 (R), Providing for the Further Authorization of the City Manager to Execute Certain Contracts, Leases, Subleases and Agreements to Operate the Assets to be Acquired, Such Agreements to be Effective Only Upon Closing A motion was made by Council member Harris, seconded by Council member Day,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance Amending the Airport Budget to Reflect Changes in Revenues and Expenditures Resulting from the Purchase of the Assets at the Airport A motion was made by Council member Kever, seconded by Council member Harris,that this Ordinance be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance Amending Appendix A, Schedule of Fees Regarding Chapter 30, Section 30-86, Section 30-175, and Section 30-205 Relating to the Airport A motion was made by Council member Harris, seconded by Council member Day,that this Ordinance be Approved . The motion carried by the following vote. 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 October 15, 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 • Hank’s Restaurant Group LP vs City of McKinney and City of McKinney vs Hank’s Restaurant Group LP C. Section 551.072. Deliberations about Real Property • Land Development – FM 546 to US 380 and Highway 5 to New Hope Road • Municipal Facilities 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 A104 • Project A105 • Project A107 • Project A108 • Project A109 ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Council member Pogue, seconded by Council member Kever,that this be Adjourn . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 7 City Council Regular Meeting Minutes - Final October 15, 2013 Posted in accordance with the Texas Government Code, Chapter 551, on the 11th day of October, 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