City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, September 16, 2014 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final September 16, 2014 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Senior Minister Neill Grimes, First Christian Church of McKinney INFORMATION SHARING PANDAS Awareness Day Proclamation Professional Firefighters of McKinney Presentation of Proceeds from the Muscular Dystrophy Fill the Boot Campaign CITIZEN COMMENTS CONSENT AGENDA A motion was made by Council member Harris, seconded by Mayor Pro-Tem Ussery, to Approve the Consent Calendar. 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 Regular Meeting of September 2, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention & Visitors Bureau Board Meeting of July 22, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention & Visitors Bureau Development Committee Meeting of May 14, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention & Visitors Bureau Finance Committee Meeting of May 22, 2014 This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final September 16, 2014 Minutes of the McKinney Convention & Visitors Bureau Marketing Committee Meeting of May 22, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention & Visitors Bureau Finance Committee Meeting of July 17, 2014 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention & Visitors Bureau Marketing Committee Meeting of July 17, 2014 This that this Minutes be Approved by consent roll call Minutes of the Main Street Board Meeting of July 10, 2014 This that this Minutes be Approved by consent roll call Minutes of the Planning and Zoning Commission Regular Meeting of August 12, 2014 This that this Minutes be Approved by consent roll call Minutes of the Tax Reinvestment Zone Number One Meeting of March 17, 2014 This that this Minutes be Approved by consent roll call Minutes of the Tax Reinvestment Zone Number Two Meeting of March 18, 2014 This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final September 16, 2014 ORDINANCES Consider/Discuss/Act on an Ordinance Establishing Speed Limit on Laud Howell Parkway from US 75 to Trinity Falls Parkway This that this Ordinance be Approved by consent roll call RESOLUTIONS Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Release a Portion of a Water Line Easement Located within the Republic Self Storage Addition This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Execute a Contract with Rich Leidl, P.C. for Federal Legislative Services This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Execute a Contract with “The Retail Coach” for a Retail Economic Development Plan This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Adopting the Fiscal Year 2014-2015 Financial Policies This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Adopting the Investment Policy for Fiscal Year 2014-2015 This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Amending the Policy on Board and Commission Member Appointment and Eligibility and Mayor’s Liaison Appointments This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Execute an Agreement with Affion Public for an Assistant City Manager Search This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the Interim City CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final September 16, 2014 Manager to Execute an Agreement with The Mercer Group for a Chief of Police Search 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. Conduct a Public Hearing to Consider/Discuss/Act on the Request by Skorburg Company, on Behalf of Amegy Bank, for Approval of a Request to Rezone Fewer than 13 Acres from “PD” - Planned Development District to “PD” - Planned Development District, Generally to Allow Townhome Uses and Modify the Development Standards, Located Approximately 600 Feet South of Virginia Parkway and on the East Side of Hardin Boulevard, and Accompanying Ordinance A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Harris,that this Ordinance be Close the public hearing . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on the Request by Skorburg Company, on Behalf of Amegy Bank, for Approval of a Request to Rezone Fewer than 13 Acres from “PD” - Planned Development District to “PD” - Planned Development District, Generally to Allow Townhome Uses and Modify the Development Standards, Located Approximately 600 Feet South of Virginia Parkway and on the East Side of Hardin Boulevard, and Accompanying Ordinance Conduct a Public Hearing to Consider/Discuss/Act on the Request by Skorburg Company, on Behalf of Amegy Bank, for Approval of a Request to Rezone Fewer than 13 Acres from “PD” - Planned Development District to “PD” - Planned Development District, Generally to Allow Townhome Uses and Modify the Development Standards, Located Approximately 600 Feet South of Virginia Parkway and on the East Side of Hardin Boulevard, and Accompanying Ordinance A motion was made by Council member Kever, seconded by Mayor Pro-Tem Ussery,that this Ordinance be Tabled Indefinitely . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss on the Request by Shaddock Developers, Ltd., on Behalf of Clyde and Lucretia Geer and Frances Melton, a Petition to Annex Fewer than 30 Acres, Located Approximately 1,900 Feet North of Eldorado Parkway and on the East CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final September 16, 2014 Side of Custer Road, and Accompanying Ordinance A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Kever,that this Ordinance be Approved . The motion carried by the following vote. Approved Conduct a Public Hearing to Consider/Discuss/Act on the Request by Shaddock Developers, Ltd. , on Behalf of Frances Melton and Clyde and Lucretia Geer, for Approval of a Request to Zone Fewer than 30 Acres to “PD” - Planned Development District, Located Approximately 1,900 Feet North of Eldorado Parkway and on the East Side of Custer Road, and Accompanying Ordinance A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Harris,that this Ordinance be Approved . The motion carried by the following vote. Approved Consider/Discuss/Act on a Development Agreement with Frances Melton, Clyde Geer, and Lucretia Geer, Located Approximately 1,900 Feet North of Eldorado Parkway and on the East Side of Custer Road 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. Conduct a Public Hearing to Consider/Discuss/Act on the Request by SLC McKinney Partners, L.P., for Approval of a Request to Rezone Fewer than 14 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 Northwest Corner of Fleetwood Street and State Boulevard, and Accompanying Ordinance A motion was made by Council member Harris, 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 Megatel Homes III, L.L.C., on Behalf of Betty M. Bacon Trust and McKinney Independent School District, for Approval of a Request to Rezone Fewer than 20 Acres from “AG” - Agricultural District to “RS 45” - Single Family Residence District, Located Approximately 1,400 Feet South of U.S. Highway 380 (University Drive) and on the West Side of Bois D’Arc Road, and Accompanying Ordinance (REQUEST TO BE TABLED) A motion was made by Council member Harris, seconded by Council member Pogue,that this Ordinance be Tabled Indefinitely . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final September 16, 2014 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 Kever, seconded by Mayor Pro-Tem Ussery,that this Ordinance be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance to Ratify the Property Tax Revenue Increase in the Fiscal Year 2014-15 Budget as a Result of the City Receiving More Revenues from Property Taxes than the Previous Fiscal Year 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. Consider/Discuss/Act on an Ordinance Adopting a Tax Rate for Fiscal Year 2014-15 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. A motion was made by Council member Harris, 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 a Sign Variance Request by CR Midway Investments, LP, Appealing the Denial of a Sign Permit for Additional Wall Signage, Located at the Southeast Corner of University Drive and Graves Street 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. A motion was made by Council member Day, seconded by Council member Pogue,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Chapter 380 Economic Development Agreement between the City of McKinney and Landon Homes, LP 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. A motion was made by Mayor Loughmiller, seconded by Council member Harris,that this Agenda Item be Approved . The motion carried by the following vote. A motion was made by Mayor Loughmiller, seconded by Council member Harris,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Chapter 380 Economic Development CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final September 16, 2014 Agreement between the City of McKinney and Pulte Homes of Texas, LP A motion was made by Mayor Loughmiller, seconded by Council member Harris,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 7 City Council Regular Meeting Minutes - Final September 16, 2014 EXECUTIVE SESSION 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) 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 ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Mayor Pro-Tem Ussery, 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 12th day of September, 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 8