City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final City Council Regular Meeting Tuesday, February 4, 2014 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Pastor Randy Moore, Revolution Church CITIZEN COMMENTS CONSENT AGENDA A motion was made by Council member Pogue, seconded by Council member Harris,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 14-118 Minutes of the City Council Regular Meeting of January 21, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-119 Minutes of the City Council and McKinney Economic Development Corporation Joint Meeting of January 27, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-036 Minutes of the Animal Services Facility Advisory Committee Meeting of December 4, 2013 at 12:00 p.m. Attachments: Minutes This that this Minutes be Approved by consent roll call 14-037 Minutes of the Animal Services Facility Advisory Committee Meeting of CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final February 4, 2014 December 4, 2013 at 12:15 p.m. Attachments: Minutes This that this Minutes be Approved by consent roll call 14-038 Minutes of the Animal Services Facility Advisory Committee Meeting of December 4, 2013 at 12:30 p.m. Attachments: Minutes This that this Minutes be Approved by consent roll call 14-053 Minutes of the Board of Adjustment Regular Meeting of September 25, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-032 Minutes of the Library Advisory Board Meeting of December 19, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-040 Minutes of the McKinney Airport Development Corporation Meeting of December 23, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-023 Minutes of the McKinney Arts Commission Meeting of October 17, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-067 Minutes of the McKinney Community Development Corporation Board Meeting of December 19, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-068 Minutes of the McKinney Community Development Corporation Strategic Retreat on December 19, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-054 Minutes of the McKinney Economic Development Corporation Board CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final February 4, 2014 Meeting of December 10, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-055 Minutes of the McKinney Economic Development Corporation Special Board Meeting of January 7, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-120 Minutes of the McKinney Housing Authority Board Meeting of October 22, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-121 Minutes of the McKinney Housing Authority Meeting of January 14, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-122 Minutes of the McKinney Housing Authority Meeting of December 21, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-123 Minutes of the McKinney Housing Authority Meeting of December 16, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-035 Minutes of the Planning and Zoning Commission Regular Meeting of December 10, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call MISCELLANEOUS 14-124 Consider/Discuss/Act on Authorizing the City Manager to Execute the First Amendment to the 2012 Development Agreement with CH-B Trinity Falls, LP CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final February 4, 2014 Attachments: Proposed Dev. Agreement 1st Amendment 2012 Trinity Falls Development Agreement Location Map This that this Agenda Item 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. 13-154Z3 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Sanchez & Associates, on Behalf of McKinney Housing Authority, for Approval of a Request to Rezone Fewer than 6 Acres from “BG” - General Business District to “PD” - Planned Development District, Generally to Modify the Development Standards, Located on the East Side of McDonald Street (State Highway 5) and on the North Side of McMakin Street, and Accompanying Ordinance Attachments: PZ Minutes PZ Staff Report Location Map and Aerial Exhibit Letter of Intent Letters of Support Proposed Ordinance Proposed Exhibits A-C PowerPoint Presentation Applicant Presentation A motion was made by Council member Pogue, 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 Pogue, seconded by Council member Ricchi,that this Ordinance be Approved . The motion carried by the following vote. 13-262Z2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Texas North Residential, L.L.C., on Behalf of RHC/Teek, Ltd., and Builders Carpet, for Approval of a Request to Rezone Fewer than 12 Acres from “PD” - Planned Development District to “RG 27” - General Residence Townhome District, Located Approximately 1,180 Feet South of Eldorado Parkway and on the West Side of Alma Road, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final February 4, 2014 Attachments: PZ Minutes PZ Staff Report Location Map and Aerial Exhibit Letter of Intent Letters of Support Proposed Ordinance Fiscal Analysis Proposed Exhibits A-B Powerpoint Presentation A motion was made by Council member Pogue, 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 Pogue, seconded by Council member Kever,that this Ordinance be Approved . The motion carried by the following vote. 13-218A2 Conduct a Public Hearing to Consider/Discuss on the Request by Abernathy, Roeder, Boyd & Joplin, on Behalf of Starnes Creek Venture, Ltd., and Crown S, Ltd., on a Petition to Annex Fewer than 400 Acres, Located Generally on the North Side of F.M. 1461 and Along the West Side of C.R. 168 Attachments: Location Map and Aerial Exhibit Letter of Intent Petitions 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 Kever, seconded by Council member Ricchi,that this Agenda Item be Approved Closing Public Hearing . The motion carried by the following vote. 13-230Z4 Conduct a Public Hearing to Consider/Discuss/Act on the Request by City of McKinney, McKinney Economic Development Corporation and McKinney Community Development Corporation, for Approval of a Request to Rezone Fewer than 68 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 and Allowed Land Uses, Located on the Southwest Corner CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final February 4, 2014 of Marketplace Drive and Medical Center Drive, and Accompanying Ordinance Attachments: PZ Meeting Minutes PZ Staff Report Location Map and Aerial Exhibits PD 2007-12-135 PD 2012-04-013 Proposed Ordinance with Exhibits PowerPoint Presentation A motion was made by Council member Harris, seconded by Council member Kever,that this Ordinance be Approved . The motion carried by the following vote. 14-125 Conduct a Public Hearing to Consider/Discuss on an Ordinance Granting Oncor Electric Delivery Company, LLC, a Non-Exclusive Franchise to Use Public Rights-of-Way for the Purpose of Constructing and Operating an Electric Distribution System Attachments: Ordinance A motion was made by Council member Kever, seconded by Council member Pogue,that this Agenda Item be Approved Closing Public Hearing . The motion carried by the following vote. 14-126 Consider/Discuss/Act on an Ordinance Creating a Municipal Setting Designation (MSD) as Requested by International Paper Company to Prohibit the Use of the Groundwater Beneath the Property Located at 2050 Couch Drive Attachments: Proposed Ordinance Location Map and Aerial A motion was made by Council member Harris, seconded by Council member Kever,that this Ordinance be Approved . The motion carried by the following vote. 14-127 Consider/Discuss/Act on an Appeal Denial of a Gaming Permit for Lucky Gems Attachments: Lucky Gems Appeal Request Approved 14-128 Consider/Discuss/Act on Authorizing the City Manager to Execute a Lease Agreement with Plano Sports Authority Regarding Improvements in Gabe Nesbitt Park CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final February 4, 2014 Attachments: PSA Lease Agreement Location Map City Cost Projection A motion was made by Council member Harris, seconded by Council member Pogue,that this Agenda Item be Approved . The motion carried by the following vote. 14-129 Consider/Discuss/Act on Appointment of Three Directors to the McKinney Main Street Board Attachments: Main Street Applicants 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. Consider/Discuss/Act on Appointment of Three Directors to the McKinney Main Street Board Consider/Discuss/Act on Appointment of Three Directors to the McKinney Main Street Board A motion was made by Council member Pogue, seconded by Council member Day,that this Agenda Item be Approved . The motion carried by the following vote. 14-130 Consider/Discuss Act on a Resolution to the Texas Department of Community Affairs Confirming that the City, Based on the City's Support of the McKinney Housing Authority in their Efforts to Comply with the Modified Consent Decree with the Inclusive Communities Project, Inc., supports the Millenium 2 proposal for Affordable, Rental Housing Located Southeast Corner of future Collin McKinney Parkway and future McKinney Ranch Parkway Attachments: Resolution A motion was made by Council member Harris, seconded by Council member Pogue,that this Resolution be Approved . The motion carried by the following vote. CITIZEN COMMENTS CITY OF McKINNEY, TEXAS Page 7 City Council Regular Meeting Minutes - Final February 4, 2014 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 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 • Municipal Facilities C. Section 551.074 Discuss Personnel Matters • Presiding Municipal Court Judge Dickey--Annual Review • Associate Municipal Judge Efren Ordonez – Annual Review D. Section 551.087 – Discuss Economic Development Matters • Project A71 – Gateway • Project A90 – Nonagon • Project A97 – Olympian • Project A98 – Butterfly • Project A105 – Reshore • Project A108 – Fitness • Project A109 – Mayberry • Project A110 – Marketplace • Project A111 – Heat • Project A112 – Commerce • Project A113 – Pannier ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Council member Pogue, seconded by Council member Harris,that this be Approved . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 8 City Council Regular Meeting Minutes - Final February 4, 2014 Posted in accordance with the Texas Government Code, Chapter 551, on the 31st day of January, 2014 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-adacompliance@mckinneytexas.org with questions or for accommodations. CITY OF McKINNEY, TEXAS Page 9