City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final City Council Regular Meeting Tuesday, March 18, 2014 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Dr. Tommy Brumett, First United Methodist Church INFORMATION SHARING 14-266 Blue Star Flag Presentation to Kynmbahl Wesson in Honor of her husband, James Wesson, U.S. Navy Attachments: Blue Star Certificate 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 14-267 Minutes of the City Council Special Meeting of February 28, 2014 Attachments: Minutes A motion was made by Council member Kever, seconded by Council member Pogue,that this Minutes be Approved . The motion carried by the following vote. 14-268 Minutes of the City Council Work Session of March 3, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final March 18, 2014 14-269 Minutes of the City Council Regular Meeting of March 4, 2014 Attachments: Minutes A motion was made by Council member Harris, seconded by Council member Pogue,that this Minutes be Approved . The motion carried by the following vote. 14-190 Minutes of the Animal Service Facilities Advisory Committee Meeting of January 15, 2014 at 12:15 p.m. Attachments: Minutes This that this Minutes be Approved by consent roll call 14-189 Minutes of the Board of Adjustment Regular Meeting of January 22, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-241 Minutes of the Building and Standards Board Meeting of December 10, 2012 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-242 Minutes of the Building and Standards Board Meeting of November 11, 2013 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-172 Minutes of the McKinney Airport Development Corporation Meeting of January 15, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-202 Minutes of the McKinney Community Development Corporation Board Meeting of January 23, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-204 Minutes of the McKinney Community Development Corporation Buy Local Subcommittee Meeting of January 27, 2014 Attachments: Minutes CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final March 18, 2014 This that this Minutes be Approved by consent roll call 14-205 Minutes of the McKinney Community Development Corporation Promotional & Community Events Subcommittee Meeting of February 19, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-203 Minutes of the McKinney Community Development Corporation Mission, Vision, & Guiding Principles Subcommittee Meeting of January 22, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-206 Minutes of the McKinney Community Development Corporation Buy Local Subcommittee Meeting of February 20, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-193 Minutes of the McKinney Convention and Visitors Bureau Finance Committee of January 23, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-192 Minutes of the McKinney Convention and Visitors Bureau Board Meeting of January 28, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-194 Minutes of the McKinney Convention and Visitors Bureau Marketing Committee Meeting of February 17, 2014. Attachments: Minutes This that this Minutes be Approved by consent roll call 14-195 Minutes of the McKinney Convention and Visitors Bureau Finance Committee Meeting of February 19, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-196 Minutes of the McKinney Convention and Visitors Bureau CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final March 18, 2014 Development Committee Meeting of February 19, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-162 Minutes of the McKinney Economic Development Corporation Board Meeting of January 21, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-270 Minutes of the McKinney Housing Authority Board Meeting of January 21, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-271 Minutes of the McKinney Housing Authority Board Meeting of February 18, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call 14-223 Minutes of the Planning and Zoning Commission Regular Meeting of February 11, 2014 Attachments: Minutes This that this Minutes be Approved by consent roll call ORDINANCES 14-274 Consider/Discuss/Act on an Ordinance Amending the 2013-2014 Annual Budget to Repair the Oak Hollow Dam from the Surface Water Drainage Fund Attachments: Ordinance Budget Amendment This that this Ordinance be Approved by consent roll call RESOLUTIONS 14-272 Consider/Discuss/Act on a Resolution Authorizing the Deputy City Manager to Execute a Landscape Maintenance Agreement for US 75 at Wilmeth Road CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final March 18, 2014 Attachments: Resolution Landscape Maintenance Agreement Location Map 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. 14-011Z3 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 030414 CC Minutes Location Map and Aerial Exhibit Letter of Intent Letter of Opposition with Photos MCA Morning Drop-Off Photos MCA Afternoon Pick-Up Photos Existing Ord. 2011-01-002 Proposed Ordinance Proposed Exhibits A-D PowerPoint Presentation A motion was made by Council member Kever, seconded by Council member Harris,that this Ordinance be Approved Closing Public Hearing . The motion carried by the following vote. 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 CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final March 18, 2014 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 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. 14-034Z2 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Cross Engineering Consultants, Inc., on Behalf of R.D. Offutt Company, for Approval of a Request to Rezone Fewer than 11 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 Southeast Corner of U.S. Highway 75 (Central Expressway) and Wilmeth Road, and Accompanying Ordinance Attachments: PZ Minutes PZ Report Location Map and Aerial Exhibit Letter of Intent Existing PD Ord. No. 2013-03-022 Proposed Ordinance Proposed Exhibits A-D Applicant Pictures PowerPoint Presentation A motion was made by Council member Pogue, seconded by Council member Kever,that this Ordinance be Approved Closing Public Hearing . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on the Request by Cross Engineering Consultants, Inc., on Behalf of R.D. Offutt Company, for Approval of a Request to Rezone Fewer than 11 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 Southeast Corner of U.S. Highway 75 (Central Expressway) and Wilmeth Road, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final March 18, 2014 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Cross Engineering Consultants, Inc., on Behalf of R.D. Offutt Company, for Approval of a Request to Rezone Fewer than 11 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 Southeast Corner of U.S. Highway 75 (Central Expressway) and Wilmeth Road, and Accompanying Ordinance A motion was made by Council member Pogue, seconded by Council member Kever,that this Ordinance be Approved Denial . The motion carried by the following vote. 14-125 Conduct a Public Hearing to Consider/Discuss/Act 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 Pogue, seconded by Council member Harris,that this Ordinance be Approved . The motion carried by the following vote. 14-273 Consider/Discuss/Act Upon Adoption of a Resolution Determining a Public Necessity to Acquire Certain Property for Public Use by Eminent Domain for Right-of-Way (in Fee Simple) for the Construction Associated with the Stacy Road Elevated Storage Tank Project Located Along Stacy Road Approximately 2400 Feet East of Alma Road; Authorizing the City Manager to Establish Procedures for Acquiring the Right of Way (in Fee Simple) on Said Property, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions Attachments: Resolution Location Map 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 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 7 City Council Regular Meeting Minutes - Final March 18, 2014 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 551.071 (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 • Municipal Facilities D. Section 551.074 Discuss Personnel Matters • City Manager Transition E. 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 • Project A114 – Yellow Sky • Project A115 – Bambi • Project A116 – Forefather • Project A117 – One ACTION ON EXECUTIVE SESSION ITEMS A motion was made by Council member Kever, seconded by Council member Pogue,that this be Approved . The motion carried by the following vote. ADJOURN A motion was made by Council member Harris, seconded by Council member Day,that this be Adjourn . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 8 City Council Regular Meeting Minutes - Final March 18, 2014 Posted in accordance with the Texas Government Code, Chapter 551, on the 13th day of March, 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