City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, May 6, 2014 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final May 6, 2014 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Pastor Charlie Tuttle, Genesis Church INFORMATION SHARING Welcome New Corporate Partner to McKinney National Airport Lupus Awareness Month Proclamation Building Safety Month Proclamation Recognition of The Courts as Winner of the 2013 United States Tennis Association’s Texas Organization of the Year Award Presentation of 2014 Platinum Leadership Circle Award for Financial Transparency CITIZEN COMMENTS CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final May 6, 2014 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. MINUTES Minutes of the City Council and McKinney Economic Development Corporation Joint Meeting of April 11, 2014 This that this Minutes be Approved by consent roll call Minutes of the City Council Work Session of April 14, 2014 This that this Minutes be Approved by consent roll call Minutes of the City Council Regular Meeting of April 15, 2014 This that this Minutes be Approved by consent roll call Minutes of the City Council Special Meeting of April 25, 2014 This that this Minutes be Approved by consent roll call Minutes of the City Council Special Meeting of April 28, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Airport Development Corporation Meeting of March 20, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Arts Commission Meeting of January 16, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Community Development Corporation Board Meeting of March 27, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention & Visitors Bureau Board Meeting of March 25, 2104 This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final May 6, 2014 Minutes of the McKinney Convention & Visitors Bureau Finance Committee Meeting of March 20, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention & Visitors Bureau Marketing Committee Meeting of March 21, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Economic Development Corporation Board Meeting of March 26, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Housing Authority Meeting of February 25, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Housing Authority Board Meeting of March 25, 2014 This that this Minutes be Approved by consent roll call Minutes of the Parks, Recreation and Open Space Advisory Board of March 13, 2014 This that this Minutes be Approved by consent roll call Minutes of the Planning and Zoning Commission Regular Meeting of March 25, 2014 This that this Minutes be Approved by consent roll call Minutes of the Planning and Zoning Commission Regular Meeting of April 8, 2014 This that this Minutes be Approved by consent roll call RESOLUTIONS Consider/Act/Discuss on a Resolution Approving and Authorizing Application of McKinney’s Second Permit Term Stormwater Management Program This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the Deputy City Manager to Submit a Proposal in Response to the 2014 Transportation CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final May 6, 2014 Alternatives Program (TAP) Call for Projects and Accept Funding, if Awarded, from the North Central Texas Council of Governments (NCTCOG) for a State Highway 5 Urban Infrastructure Project This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution In Support of a Submittal to the Transportation Alternatives Program for Safety and Access to Schools This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Approving Funding De-Obligation and Reallocation under the FY 2014 Community Support Grant This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the Purchase of Hardware and Installation Services for the Public Safety Data Center Refresh This that this Resolution be Approved by consent roll call MISCELLANEOUS Consider/Discuss/Act on a Custer Easement Partial Release This that this Agenda Item be Approved by consent roll call Consider/Discuss/Act on a Request by Ron Lustig for the Waiver of Roadway Impact Fees in Accordance with the Neighborhood Empowerment Zone Impact Fee Waiver Program for the Proposed Multi-family Construction Located at 310 North Chestnut Street This that this Agenda Item be Approved by consent roll call Consider/Discuss/Act on a Request by Ron Lustig for the Waiver of Roadway Impact Fees in Accordance with the Neighborhood Empowerment Zone Impact Fee Waiver Program for the Proposed Multi-family Construction Located at 500 North Chestnut Street This that this Agenda Item be Approved by consent roll call END OF CONSENT CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final May 6, 2014 REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. Consider/Discuss/Act on a Resolution Authorizing the Initiation of the Refunding of Certain Outstanding General Obligation Bonds, Series 2005 and Certificates of Obligations, Series 2005. A motion was made by Council member Pogue, seconded by Council member Harris,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Resolution Authorizing the Initiation of Debt Issuance Not to Exceed $35,000,000 for New Capital Improvement Programs (CIP). A motion was made by Council member Kever, seconded by Mayor Pro-Tem Ussery,that this Resolution be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on the Request by DBA Architects, on Behalf of Ronald and Jared Cole, for Approval of a Request to Rezone Fewer than 2 Acres from “RS 84” - Single Family Residence District to “SO” - Suburban Office District, Located on the Southwest Corner of Hunt Street and Wilson Creek Boulevard, and Accompanying Ordinance A motion was made by Council member Pogue, seconded by Council member Day,that this Ordinance be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on the Request by The Dimension Group, on Behalf of Malouf Interests, Inc., for Approval of a Specific Use Permit for a Motor Vehicle Fuel Sales Facility to Fuel a Maximum of 12 Vehicles at One Time, Being Less than 1 Acre, Located on the Southwest Corner of Virginia Parkway and Custer Road and Accompanying Ordinance A motion was made by Council member Day, seconded by Council member Pogue,that this Ordinance be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on the Request by Bruce Geer, on Behalf of Tate Development, for Approval of a Minor Replat for Lots 15R, 16R, 17 and 18, Block 9, of the College Addition, Being Less than 1 Acre, Located on the Southeast Corner of Oak Street and Leland Avenue 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. CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final May 6, 2014 Conduct a Public Hearing to Consider/Discuss/Act on the Request by Claymoore Engineering, on Behalf of University Joint Venture, for Approval of a Site Plan for Medical Office Buildings (ASC / Medical Office Business Park), Being Fewer than 4 Acres, Located on the North Side of U.S. Highway 380 (University Drive) and Approximately 125 Feet West of Wisteria Way A motion was made by Council member Harris, seconded by Mayor Pro-Tem Ussery,that this Agenda Item be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on the Request by Hutton Company, on Behalf of Texans Asset Management, L.P., for Approval of a Site Plan for O’Reilly Auto Parts, Being Fewer than 2 Acres, Located Approximately 350 Feet West of Hardin Boulevard and on the North Side of U.S. Highway 380 (University Drive) A motion was made by Council member Day, seconded by Council member Harris,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on Filling the Vacant Position on the Board of Adjustment 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 Filling the Vacant Position on the Board of Adjustment Consider/Discuss/Act on Filling the Vacant Position on the Board of Adjustment 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. Consider/Discuss/Act on Appointing a Member to the North Texas Municipal Water District Board A motion was made by Council member Ricchi, seconded by Council member Harris,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Professional Services Contract for Preconstruction Services Only with Manhattan Construction Company of Dallas, Texas for Construction Manager at Risk (CMAR) Services Related to the Design and Construction of the Aquatics and Fitness Center Project Located at Gabe Nesbitt Community Park A motion was made by Council member Harris, seconded by Council member Kever,that this Agenda Item be Approved . The motion carried by the following CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final May 6, 2014 vote. Consider/Discuss/Act on a Resolution Supporting the Texas Department of Transportation Dallas District Project Priorities A motion was made by Council member Kever, seconded by Council member Ricchi,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Resolution Authorizing the Purchase of Records Indexing and Archiving System A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Ricchi,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. EXECUTIVE SESSION CITY OF McKINNEY, TEXAS Page 7 City Council Regular Meeting Minutes - Final May 6, 2014 In Accordance with the Texas Government Code: A. Section 551.071 (2). Consultation with 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 B. Section 551.071 (1) (A). Litigation / Anticipated Litigation • El Dorado Land Company, LP v. City of McKinney, Cause No. 380-03745-20099, 380th District Court, Collin County, Texas 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 A72 – Airport • Project A90 – Nonagon • Project A97 – Olympian • Project A98 – Butterfly • 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 A118 – Green Pineapple 2 • Project A119 – Brown • Project A120 – Nightingale • Project A121 – Nest ACTION ON EXECUTIVE SESSION ITEMS A motion was made by Mayor Loughmiller, seconded by Council member Kever,that this be Approved . The motion carried by the following vote. ACTION ON EXECUTIVE SESSION ITEMS ACTION ON EXECUTIVE SESSION ITEMS A motion was made by Mayor Loughmiller, seconded by Mayor Pro-Tem CITY OF McKINNEY, TEXAS Page 8 City Council Regular Meeting Minutes - Final May 6, 2014 Ussery,that this be Approved . The motion carried by the following vote. ADJOURN 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. Posted in accordance with the Texas Government Code, Chapter 551, on the 2nd day of May, 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