City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final City Council Regular Meeting Tuesday, March 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 Mike Connaway, V Life Church INFORMATION SHARING 14-226 Presentation of the City of McKinney’s IOS Class 1 Rating by State Fire Marshal Chris Conneally 14-227 Multiple Myeloma Awereness Month Proclamation Attachments: Proclamation 14-228 Presentation of Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended September 30, 2012 Attachments: 2012 Award Press Release GFOA Award FY2012 CITIZEN COMMENTS CONSENT AGENDA A motion was made by Mayor Pro-Tem Ussery, 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 14-229 Minutes of the City Council Work Session of February 17, 2014 CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final March 4, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-230 Minutes of the City Council Regular Meeting of February 18, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-231 Minutes of the City Council Special Meeting of February 24, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-143 Minutes of the Joint McKinney Community Development Corporation and Parks Advisory Board Meeting of December 12, 2013. Attachments: Minutes This that this Minutes be Approved by consent roll call 14-140 Minutes of the Main Street Board Meeting of December 12, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-147 Minutes of the Planning and Zoning Commission Regular Meeting of January 28, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call ORDINANCES 14-232 Consider/Discuss/Act on an Amendment to Chapter 14 and Chapter 122 of the Code of Ordinances of the City of McKinney Relating to Sidewalk Use Permits; and Accompanying Ordinance Attachments: Ordinance Existing Sidewalk Permit Zone Proposed Sidewalk Permit Zone Proposed Type A License Agreement Proposed Type B License Agreement This that this Ordinance be Approved by consent roll call 14-237 Consider/Discuss/Act on an Ordinance Amending the 2013-2014 CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final March 4, 2014 Annual Budget to Allow for a Fire Department Training Tower in Fire Improvement Funds Attachments: Ordinance Budget Amendment This that this Ordinance be Approved by consent roll call RESOLUTIONS 14-233 Consider/Discuss/Act on a Resolution Authorizing a Deputy City Manager to Execute a Contract with Nathan D. Maier Consulting Engineers, Inc., for Engineering Services to Evaluate the Existing Bridge and Adjacent Roadway on Stonebridge Drive Across Rowlett Creek and Any Necessary Supplemental Agreements Attachments: Resolution Location Map This that this Resolution be Approved by consent roll call 14-234 Consider/Discuss/Act on a Resolution of the City Council of the City of McKinney, Texas, Approving a Chapter 380 Agreement by and Between the City of McKinney, Texas and SLMP Facility, L.L.C, and Authorizing the Deputy City Manager to Execute the Agreement; and Providing an Effective Date Attachments: Resolution Chapter 380 Agreement 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. 14-236 Consider/Discuss/Act on a Resolution Approving a List of Neighborhood Streets East of US 75 to be Included in the 2014-2016 Infrastructure Initiative Program Attachments: Resolution Ranking Matrix Location Map A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Resolution be Approved . The motion carried by the following vote. END OF CONSENT CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final March 4, 2014 REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 14-011Z2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by McKinney Christian Academy, for Approval of a Request to Rezone Fewer than 60 Acres from “PD” - Planned Development District to “PD” - Planned Development District, Generally to Modify the Development Standards, Located on the South Side of Bois D’Arc Road and Approximately 800 Feet West of Jordan Road, and Accompanying Ordinance Attachments: PZ Minutes PZ Report Location Map and Aerial Exhibit Letter of Intent Letter of Opposition with Photos Existing PD Ord. No. 2011-01-002 Proposed Ordinance Proposed Exhibits A-D PowerPoint Presentation 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 Council member Harris,that this Ordinance be Tabled to Another Meeting . The motion carried by the following vote. 14-030CVP Consider/Discuss/Act on the Request by Kimley-Horn and Associates, Inc., on Behalf of CH-B Trinity Falls, L.P., for Approval of a Conveyance Plat for Lots 1 and 2, Block A, of the Trinity Falls North Addition, Being Fewer than 1,200 Acres, Located on the Southeast Corner of County Road 281 and County Road 206 Attachments: CC Report Location Map and Aerial Exhibit Letter of Intent Proposed Conveyance Plat Powerpoint Presentation A motion was made by Council member Pogue, seconded by Council member Day,that this Agenda Item be Close the public hearing . The motion carried by the following vote. A motion was made by Council member Pogue, seconded by Council member Kever,that this Agenda Item be Approved . The motion carried by the following CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final March 4, 2014 vote. 14-031CVP Consider/Discuss/Act on the Request by Kimley-Horn and Associates, Inc., on Behalf of Grayson Collin Electric Cooperative, for Approval of a Conveyance Plat for Lots 1 and 2, Block A, of the GCEC Chambersville Substation Addition, Being Fewer than 7 Acres, Located on the Southeast Corner of County Road 281 and County Road 206 Attachments: CC Staff Report Location Map and Aerial Exhibit Letter of Intent Proposed Conveyance Plat Powerpoint Presentation A motion was made by Council member Pogue, seconded by Council member Harris,that this Agenda Item be Approved . The motion carried by the following vote. 13-218A3 Conduct a Public Hearing to Consider/Discuss/Act 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, and Accompanying Ordinance Attachments: CC Minutes 2.4.14 CC Minutes 2.3.14 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 Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Ordinance be Approved . The motion carried by the following vote. 14-235 Consider/Discuss/Act on a Development Agreement with Starnes Creek Venture, LTD. And Crown S, LTD., Located on the North Side of F.M. 1461 and on the West Side of C.R. 168. Attachments: Location Map and Aerial Exhibit Proposed Development Agreement CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final March 4, 2014 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. 13-219Z2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Abernathy, Roeder, Boyd & Joplin, on Behalf of Starnes Creek Venture, Ltd. and Crown S, Ltd., for Approval of a Request to Zone Fewer than 400 Acres to “PD” - Planned Development District, Located on the North Side of F.M. 1461 and Along the West Side of C.R. 168, and Accompanying Ordinance Attachments: PZ Minutes PZ Report Location Map and Aerial Exhibit Letter of Intent Module Tracking Worksheets SF Module Tracking Worksheets IL Starnes Creek Fiscal Analysis Proposed Ordinance Proposed Exhibits A-D PowerPoint Presentation A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Ordinance be Approved . The motion carried by the following vote. 14-010Z2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Cates Clark Associates, on Behalf of 810/811 Ventures at Stonebridge Ranch, Ltd., for Approval of a Request to Rezone Fewer than 27 Acres from “PD” - Planned Development District to “PD” - Planned Development District, Generally to Modify the Development Standards, Located on the Northeast Corner of Eldorado Parkway and Custer Road and Accompanying Ordinance Attachments: PZ Minutes PZ Staff Report Location Map and Aerial Exhibit Letter of Intent Concept Plan - Informational Only Existing PD Ord No. 2005-11-114 Proposed Ordinance Proposed Zoning Exhibits A-B 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. CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final March 4, 2014 14-014M2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by the City of McKinney to Amend Sections 146-46 (Definitions), 146-70 (RS 120 District), 146-71 (RS 84 District), 146-72 (RS 72 District), 146-73 (RS 60 District), 146-74 (RS 45 District), 146-75 (RD 30 District), 146-76 (RG 27 District), 146-77 (RG 25 District), 146-83 (NC District), 146-84 (BN District), 146-85 (BG District), 146-86 (C District), 146-87 (O-1 District), 146-88 (O District), 146-89 (BC District), 146-90 (ML District), 146-91 (MH District), 146-130 (Vehicle Parking), Appendix F-1 (Schedule of Yards and Setbacks), Appendix F-2 (Schedule of Heights, Areas, and Densities) and Appendix F-4 (Schedule of Uses) of the Zoning Regulations; and to Establish Sections 146-102 (SF12 District), 146-103 (SF10 District), 146-104 (SF8 District), 146-105 (SF7.2 District), 146-106 (SF5 District), 146-107 (DR District), 146-108 (TH District), 146-109 (SO District), 146-110 (RO District), 146-111 (C1 District), 146-112 (C2 District), 146-113 (C3 District), 146-114 (LI District) and 146-115 (HI District) of the Zoning Regulations, and Accompanying Ordinance Attachments: PZ Meeting Minutes PZ Staff Report Proposed 146-46 Changes Proposed District Regulation Changes Proposed 146-130 Changes Proposed F-1 Changes Proposed F-2 Changes Proposed F-4 Changes - By Section Proposed Ordinance Ordinance Exhibits A and B A motion was made by Council member Kever, seconded by Council member Pogue,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. 14-187 Consider/Discuss/Act on a Resolution Approving the Payment of Additional Funds to Gateway Hotel One, Ltd. as Reimbursement for Additional Architectural Services and Authorizing a Deputy City Manager to Make Said Payment for those Architectural Services Related to Potential Exterior Enhancements on the Sheraton Gateway and Events Center Project Attachments: Resolution A motion was made by Council member Ricchi, seconded by Council member Harris,that this Resolution be Tabled to Another Meeting . The motion carried CITY OF McKINNEY, TEXAS Page 7 City Council Regular Meeting Minutes - Final March 4, 2014 by the following vote. 14-238 Consider/Discuss/Act on a Resolution Authorizing a Deputy City Manager to Negotiate an Agreement with Jason Adams, CEO of Curious Complex for the Redevelopment of City-Owned Real Property (Primary Downtown Site of approximately 9.2-acres) in the Downtown Area for a period of 120-days. Attachments: Resolution Presentation A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Agenda Item be Approved . The motion carried by the following vote. 14-239 Consider/Discuss/Act on Filling the Vacant Position on the Planning and Zoning Commission Attachments: Kochalka Resignation Applicants 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. 14-240 Consider/Discuss/Act on the Acceptance of the Comprehensive Annual Financial Report (CAFR) and the Federal Single Audit Report for the Fiscal Year Ended September 30, 2013 Attachments: CAFR - Draft City of McKinney Single Audit-Draft A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Kever,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. EXECUTIVE SESSION CITY OF McKINNEY, TEXAS Page 8 City Council Regular Meeting Minutes - Final March 4, 2014 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) • Meet and Confer Contracts B. Section 551.072. Deliberations about Real Property • Municipal Facilities • John Crutchfield Survey, Abstract 206, Tracts 6, 27 and 28 o 3550 N. Custer Road o 3598 N. Custer Road C. Section 551.074 Discuss Personnel Matters • City Manager Transition • EEOC 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 Posted in accordance with the Texas Government Code, Chapter 551, on the 27th day of February, 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 City Council Regular Meeting Minutes - Final March 4, 2014 CITY OF McKINNEY, TEXAS Page 10