City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final City Council Regular Meeting Tuesday, November 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 Reverend Leon Veazey, The Salvation Army INFORMATION SHARING 13-1139 Salvation Army Red Kettle Proclamation Attachments: Proclamation 13-1140 Proclamation Honoring Stephanie South - Top Woman of Collin County Attachments: Proclamation 13-1141 Platinum Scenic City Presentation Attachments: Scenic City Press Release 13-1142 Presentation of the Texas Chapter of the American Planning Association’s “Current Planning Award” 13-1153 American Diabetes Month Proclamation Attachments: Proclamation CITIZEN COMMENTS CONSENT AGENDA A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Kever,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. CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final November 5, 2013 MINUTES 13-1135 Minutes of the City Council Work Session of October 14, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-1136 Minutes of the City Council Regular Meeting of October 15, 2013 Attachments: Minutes A motion was made by Council member Harris, seconded by Council member Ricchi,that this Minutes be Approved . The motion carried by the following vote. 13-1137 Minutes of the City Council Work Session of October 28, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-1092 Minutes of the McKinney Armed Services Memorial Board meeting of September 11, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-1061 Minutes of the McKinney Arts Commission Work Session of August 28, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-1062 Minutes of the McKinney Arts Commission Special Meeting of August 29, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-988 Minutes of the McKinney Community Development Corporation Board Meeting of August 22, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-1117 Minutes of the McKinney Convention and Visitors Bureau Board meeting of September 25, 2013. CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final November 5, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-1098 Minutes of the McKinney Economic Development Corporation Board Meeting of September 17, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-1138 Minutes of the McKinney Housing Authority Meeting of September 24, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-783 Minutes of the McKinney Main Street Board Meeting of July 11, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-1031 Minutes of the McKinney Main Street meeting of September 12, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-1045 Minutes of the Parks, Recreation and Open Space Advisory Board Meeting of September 12, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-1038 Minutes of the Planning and Zoning Commission Regular Meeting of September 24, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 13-1131 Minutes of the Planning and Zoning Commission Regular Meeting of October 8, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call ORDINANCES CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final November 5, 2013 13-1143 Consider/Discuss/Act on an Ordinance Renaming Bridgewater Drive to Stillwater Drive Attachments: Ordinance Location Map This that this Ordinance be Approved by consent roll call 13-1144 Consider/Discuss/Act on an Ordinance to Extend the School Zone for Imagine Charter School Attachments: Ordinance Location Map A motion was made by Council member Ricchi, seconded by Council member Pogue,that this Ordinance be Approved . The motion carried by the following vote. RESOLUTIONS 13-947 Consider/Discuss/Act on a Resolution Adopting the Investment Policy for Fiscal Year 2013-2014 Attachments: Resolution Investment Policy Investment Policy - Redline This that this Resolution be Approved by consent roll call 13-1015 Consider/Discuss/Act on a Resolution Revising the Public Art Program Guidelines Attachments: Resolution Public Art Administrative Guidelines-Redline A motion was made by Council member Harris, seconded by Council member Ricchi,that this Resolution be Approved . The motion carried by the following vote. 13-1145 Consider/Discuss/Act on a Resolution Adopting Outline of Individual Project Plan for First City-Sponsored Public Art Mural Attachments: Resolution Individual Project Plan A motion was made by Council member Kever, seconded by Council member Harris,that this Resolution be Approved . The motion carried by the following vote. 13-1146 Consider/Discuss/Act on a Resolution Approving Modifications to the Guarantor’s Obligations Under the Chapter 380 Economic CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final November 5, 2013 Development Program and Agreement with 380 Towne Crossing, L.P.; Authorizing the City Manager to Execute a First Amendment to the Agreement; and Providing an Effective Date Attachments: Resolution 380 Towne Crossing Amended Agreement This that this Resolution be Approved by consent roll call 13-1147 Consider/Discuss/Act on a Resolution Awarding a Contract to Ferguson Waterworks for Water and Wastewater Parts Attachments: Resolution Bid Tabulation This that this Resolution be Approved by consent roll call 13-1148 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Formally Reject All Bids for the Grant Funded Rehabilitation of 1306 Oak Street Under Solicitation 13-35CC and Solicitation 14-03CC Attachments: Resolution Bid Tab 13-35CC Bid Tab 14-03CC This that this Resolution be Approved by consent roll call 13-1149 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Formally Reject All Bids Received and Related to Bid Number 13-27CC for the Construction of Sonntag Neighborhood Park Attachments: Resolution Location Map This that this Resolution be Approved by consent roll call 13-1150 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Projectess, LLC for Project Manager Services Related to the Procurement, Integration and Implementation of the Land Management Software System Attachments: Resolution This that this Resolution be Approved by consent roll call 13-1151 Consider/Discuss/Act on a Resolution Authorizing Execution of a Project Participation Agreement with the Texas Department of Transportation for the Reimbursement of Land Acquired by the City of McKinney for Airport Use Attachments: Resolution CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final November 5, 2013 This that this Resolution be Approved by consent roll call 13-1152 Consider/Discuss/Act on a Resolution Waiving Payment in Lieu of Taxes for McKinney Housing Authority for Fiscal Years 2012 and 2013 Attachments: Resolution MHA PILOT Waiver Request 2012-13 MHA Payments 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. 13-194Z2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by 3 BT's, Inc., on Behalf of Troiani Family Investments, Ltd., for Approval of a Request to Rezone Fewer than 4 Acres from “RG-18” - General Residence District to “PD” - Planned Development District, Generally to Modify the Development Standards, Located on the Southeast Corner of Rockhill Road and North Brook Drive, and Accompanying Ordinance Attachments: PZ Minutes PZ Staff Report Location Map and Aerial Exhibit Letter of Intent Letters of Opposition Fiscal Analysis Proposed Ordinance Proposed Exhibits A-D Unofficial Petition - 102913 Verified Petition Protest Map Verified Petition 103013 PowerPoint Presentation A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Kever,that this Agenda Item 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 Agenda Item be Tabled to Another Meeting . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final November 5, 2013 13-189A2 Conduct a Public Hearing to Consider and Discuss on the Request by Wynne Jackson, Inc., on Behalf of Coit and Plano Parkway, Ltd., William and Barbara Docekal, Ronald Alan Gibson, Erwin H. Gibson, Sr., Armon D. and Mary Ann Gibson, and Wesley J. and Evelyn E. Valek, a Petition to Annex Fewer than 127 Acres, Located on the North and South Sides of Wilmeth Road and on the East and West Sides of County Road 161 (Future Ridge Road) Together with the Adjacent and/or Abutting Segments of Wilmeth Road and Ridge Road as Required by State Law Attachments: Location Map and Aerial Exhibit Letter of Intent Petition Requesting Annexation Proposed Ordinance Exhibit A - Location Map Exhibit B - Legal Description Exhibit C - Service Plan Exhibit D - Property Description PowerPoint Presentation A motion was made by Council member Pogue, seconded by Council member Day,that this Agenda Item be Approved Closing Public Hearing . The motion carried by the following vote. 13-187Z2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Baird, Hampton & Brown, Inc., on Behalf of TCG Custer/380 Investors, L.L.C., for Approval of a Request to Rezone Fewer than 2 Acres from “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District to “BG” - General Business District and “CC” - Corridor Commercial Overlay District, Generally to Modify the Development Standards, Located on the Southeast Corner of Custer Road and U.S. Highway 380 (University Drive), and Accompanying Ordinance Attachments: PZ Minutes PZ Report Location Map and Aerial Exhibit Letter of Intent Module Tracking Sheet (Module 6) Proposed Ordinance Proposed Exhibits A-B PowerPoint Presentation A motion was made by Council member Kever, seconded by Council member Day,that this Ordinance be Approved . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 7 City Council Regular Meeting Minutes - Final November 5, 2013 13-193Z2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Abernathy, Roeder, Boyd and Joplin, on Behalf of VCIM Partners, L.P., for Approval of a Request to Rezone Fewer than 4 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 Southwest Corner of Van Tuyl Parkway and TPC Drive, and Accompanying Ordinance Attachments: PZ Minutes PZ Report Location Map and Aerial Exhibit Letter of Intent Existing PD Ord. No. 2001-02-017 Proposed Ordinance Proposed Exhibits A-D PowerPoint Presentation A motion was made by Council member Kever, seconded by Council member Day,that this Ordinance be Approved . The motion carried by the following vote. 13-1154 Consider/Discuss/Act on all Matters Incident and Related to the Issuance and Sale of “City of McKinney, Texas, Tax and Limited Pledge Airport Revenue Certificates of Obligation, Taxable Series 2013”, including the Adoption of an Ordinance Authorizing the Issuance of such Certificates of Obligation Attachments: Ordinance A motion was made by Council member Day, seconded by Mayor Pro-Tem Ussery,that this Ordinance be Approved . The motion carried by the following vote. 13-985 Consider/Discuss/Act on an Ordinance Changing the Name of the Collin County Regional Airport and Approving Naming the City of McKinney’s Fixed Based Operation to McKinney Air Center Attachments: Ordinance A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Day,that this Ordinance be Approved . The motion carried by the following vote. 13-081M3 Conduct a Public Hearing to Consider/Discuss/Act on a Resolution Authorizing the City Manager to Negotiate an Agreement(s) with a Development Firm(s) for the Redevelopment of City-Owned Properties in the Downtown Area CITY OF McKINNEY, TEXAS Page 8 City Council Regular Meeting Minutes - Final November 5, 2013 Attachments: Research Addressing Concerns Request for Proposals (RFP 12-025) Slideshow of the Sites Zenstar Development Open House Presentation InTown Homes Open House Presentation Proposed Resolution PowerPoint Presentation A motion was made by Council member Harris, seconded by Council member Day,that this Agenda Item 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. CITY OF McKINNEY, TEXAS Page 9 City Council Regular Meeting Minutes - Final November 5, 2013 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 • Land Development – FM 546 to US 380 and Highway 5 to New Hope Road • Municipal Facilities C. Section 551.074 Discuss Personnel Matters • City Manager Review Process and Annual Review D. Section 551.087 – Discuss Economic Development Matters • Project A71 • Project A72 • Project A78 • Project A90 • Project A97 • Project A98 • Project A99 • Project A102 • Project A104 • Project A105 • Project A107 • Project A109 ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Council member Kever, seconded by Council member Harris,that this be Adjourn . The motion carried by the following vote. Posted in accordance with the Texas Government Code, Chapter 551, on the 31st day of October, 2013 at or before 5:00 p.m. ___________________________ Sandy Hart, TRMC, MMC City Secretary Accommodations and modifications for people with disabilities are available upon request. Requests should be made as far in advance as possible, but no less than 48 hours prior to the meeting. Call 972-547-2694 or email contact-ada@mckinneytexas.org with questions or for accommodations. CITY OF McKINNEY, TEXAS Page 10 City Council Regular Meeting Minutes - Final November 5, 2013 CITY OF McKINNEY, TEXAS Page 11