City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, February 16, 2016 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final February 16, 2016 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Senior Pastor DeWayne Owens, Kingdom Faith Bible Church INFORMATION SHARING U Matter Presentation CITIZEN COMMENTS CONSENT AGENDA 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. 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 Work Session of January 28, 2016 This that this Minutes be Approved by consent roll call Minutes of the City Council Work Session of February 1, 2016 This that this Minutes be Approved by consent roll call Minutes of the City Council Regular Meeting of February 2, 2016 This that this Minutes be Approved by consent roll call Minutes of the Historic Preservation Advisory Board Regular Meeting of January 7, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Arts Commission Meeting of October 15, 2015 This that this Minutes be Approved by consent roll call Minutes of the McKinney Community Development Corporation Meeting on December 17, 2015 CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final February 16, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Housing Authority Meeting of December 8, 2015 This that this Minutes be Approved by consent roll call Minutes of the McKinney Community Development Corporation Meeting on December 17, 2015 Approved Minutes of the Planning and Zoning Commission Regular Meeting of January 12, 2016 This that this Minutes be Approved by consent roll call Minutes of the Reinvestment Zone Number One Meeting of August 31, 2015 This that this Minutes be Approved by consent roll call ORDINANCES Consider/Discuss/Act on an Ordinance Amending Chapter 126 of the Code of Ordinances (Housing), Specifically Pertaining to the Building and Standards Commission (Article II, Division 2) This that this Ordinance be Approved by consent roll call Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2015-2016 Annual Budget and Amending the 2016 - 2020 Capital Improvements Program, to Provide Funds for the Ash Woods Park Pedestrian Bridge Project (PK4368) This that this Ordinance be Approved by consent roll call Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2015-2016 Annual Budget and 2016 - 2020 Capital Improvements Program to Furnish Traffic Signal Equipment Related to the Construction of Harry McKillop Boulevard (FM 546) for the Intersection at Harry McKillop Boulevard and McDonald Street (SH 5) This that this Ordinance be Approved by consent roll call RESOLUTIONS Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Enter into a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) to Furnish Traffic Signal Equipment Related to the Construction of Harry CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final February 16, 2016 McKillop Boulevard (FM 546) for the Intersection at Harry McKillop Boulevard and McDonald Street (SH 5) This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Amending the Contract with Ralph Andersen & Associates to Include Additional Services for the City Manager Search This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Execute a Standard Utility Agreement with TxDOT for Reimbursement of Expenses for the WA4409 and WW4410 FM 546 Utility Relocations - Water and Wastewater Project from SH 5 to Airport Road This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Awarding a Contract to Aqua Bore, LLC of Terrell, Texas, for Boring Services This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Awarding a Contract to Brent Murley Plumbing of Van Alstyne, Texas, as the Primary Vendor and Innovation HVAC Services, LLC of Dallas, Texas, as the Secondary Vendor for Plumbing 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 Wall Enterprises of Whitewright, Texas, for the Construction of Ash Woods Park Bridge Project This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Participate in Execution of Special Warranty Deed for Property Being Lot 1A, Block 59 of The Shorts Addition, aka 608 Jefferson Street, City of McKinney, Collin County, Texas This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Participate in Execution of Special Warranty Deed for Property Being Lot 1, Block 2 of The Hight & Horn Addition, aka 902 Throckmorton Street, City of McKinney, Collin County, Texas This that this Resolution be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final February 16, 2016 Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Participate in Execution of Special Warranty Deed for Property Being Lot 15A, Block 10 of Russell #01 Addition, aka 902 Anthony Street, City of McKinney, Collin County, Texas This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Participate in Execution of Special Warranty Deed for Property Being Lots 782C & 783C of The McKinney Outlots Addition, aka 402 N. McDonald Street, City of McKinney, Collin County, Texas This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Participate in Execution of Special Warranty Deed for Property Being Lots 4 & 5B, Block 3 in The Fitzhugh Addition, aka 808 Fitzhugh Street, City of McKinney, Collin County, Texas This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Approving the 2015 Annual Report for Tax Increment Reinvestment Zone Number One (TIRZ No. 1) This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Approving the 2015 Annual Report for Tax Increment Reinvestment Zone Number Two (TIRZ No. 2) This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Approving a Chapter 380 Economic Incentive and Master Development Agreement by and between the City of McKinney, Texas and Columbus Realty Partners, Ltd., for a Mixed-Use, Economic Development Project (on Approximately 8.766 Acres Located Generally between Davis Street, Tennessee Street, McDonald (SH5) Street, and Anthony Street) A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Day,that this Resolution be Approved . The motion carried by the following vote. MISCELLANEOUS Consider/Discuss/Act on a Parkland Dedication Facilities Agreement for Southern Hills at Craig Ranch, Located Approximately 240 Feet East of Custer Road and Approximately 325 Feet South of Collin McKinney Parkway This that this Agenda Item be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final February 16, 2016 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 Public Parking Throughout McKinney’s Historic Downtown Including the “Nine-Acre” Site Located at the Southwest Corner of Davis Street and McDonald Street (S.H. 5) A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Rath,that this Agenda Item be Approved . The motion carried by the following vote. A motion was made by Council member Rath, seconded by Council member Day,that this Agenda Item be Approved Denial . The motion carried by the following vote. Presentation Regarding Past and Existing Conditions of Transit Services in McKinney Conduct a Public Hearing to Consider/Discuss/Act on Future Transit Services in McKinney A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Branch,that this Agenda Item be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on Future Transit Services in McKinney Conduct a Public Hearing to Consider/Discuss/Act on Future Transit Services in McKinney A motion was made by Mayor Pro-Tem Ussery, seconded by Mayor Loughmiller,that this Agenda Item be Approved . The motion failed by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “AG” - Agricultural District, “RS 60” - Single Family Residence District, and “PD” - Planned Development District to “PD” - Planned Development District, Generally for Single Family Residential Uses, Located Approximately 250 Feet East of Graves Street and on the South Side of Rockhill Road, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final February 16, 2016 A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Ordinance be Close the public hearing . The motion carried by the following vote. A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Ordinance be Tabled to Another Meeting . The motion carried by the following vote. A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Ordinance be Tabled Indefinitely . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District to “C2” - Local Commercial District and “CC” - Corridor Commercial Overlay District, Located on the Northeast Corner of U.S. Highway 380 (University Drive) and Hardin Boulevard, and Accompanying Ordinance A motion was made by Council member Branch, 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 Site Plan for an Auto Body Repair Facility (Caliber Collision), Located on the Southeast Corner of Bray Central Drive and Redbud Boulevard A motion was made by Council member Rogers, seconded by Council member Branch,that this Agenda Item be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Preliminary-Final Replat for 71 Single Family Residential Lots, 1 Commercial Lot and 10 Common Areas (The Tour at Craig Ranch), Located Approximately 940 Feet East of Custer Road and on the North Side of Tour Drive A motion was made by Council member Rath, seconded by Council member Pogue,that this Agenda Item be Approved Closing Public Hearing . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Preliminary-Final Replat for 71 Single Family Residential Lots, 1 Commercial Lot and 10 Common Areas (The Tour at Craig Ranch), Located Approximately 940 Feet East of Custer Road and on the North Side of Tour Drive Conduct a Public Hearing to Consider/Discuss/Act on a Preliminary-Final Replat for 71 Single Family Residential Lots, 1 Commercial Lot and 10 Common Areas (The Tour at Craig Ranch), Located Approximately 940 Feet East of Custer Road and on the North Side of Tour Drive A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Branch,that this Agenda Item be Approved . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final February 16, 2016 Conduct a Public Hearing and Consider/Discuss/Act on an Ordinance Granting Grayson Collin Electric Cooperative a Non-Exclusive Franchise to Use Public Rights-of-Way for the Purpose of Constructing and Operating an Electric Distribution System within the Corporate Limits of the City of McKinney A motion was made by Council member Rogers, seconded by Council member Branch,that this Ordinance be Approved . The motion carried by the following vote. Conduct a Public Hearing and Consider/Discuss/Act on an Ordinance Granting Atmos Energy Corporation a Non-Exclusive Franchise to Use Public Rights-of-Way for the Purpose of Constructing and Operating a Gas Distribution System A motion was made by Council member Pogue, seconded by Council member Branch,that this Ordinance be Approved . The motion carried by the following vote. Consider/Discuss/Act on the Need for a Service Plan for the Future Annexation of Properties Generally Located Adjacent to and Around the McKinney National Airport 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. Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Execute Development Agreements Associated with the City of McKinney’s Pending Annexation Proceedings Adjacent to and Around the McKinney National Airport A motion was made by Council member Pogue, seconded by Council member Branch,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2015-2016 Annual Budget to Provide Funds for the 2016 Public Art Mural A motion was made by Council member Rath, seconded by Council member Branch,that this Ordinance be Approved . The motion carried by the following vote. Consider/Discuss/Act on License Agreement for Public Art Mural 2016 on Building Located at 112 S. Kentucky A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Branch,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Resolution Approving a Contract with Misty Oliver-Foster for 2016 Public Art Mural A motion was made by Council member Branch, seconded by Council member CITY OF McKINNEY, TEXAS Page 7 City Council Regular Meeting Minutes - Final February 16, 2016 Pogue,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on Filling the Vacant Position on the Planning and Zoning Commission 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. CITIZEN COMMENTS COUNCIL AND MANAGER COMMENTS CITY OF McKINNEY, TEXAS Page 8 City Council Regular Meeting Minutes - Final February 16, 2016 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) and legal consultation on the following item(s), if any: • Transit Agreements B. Section 551.074 Discuss Personnel Matters • City Manager Transition C. Section 551.087 – Discuss Economic Development Matters • Project A71 - Gateway • Project A90 - Nonagon • Project A131 - Silverfox • Project A132 – Expense • Project A133 - Lombardy ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Rogers,that this be Approved . The motion carried by the following vote. Posted in accordance with the Texas Government Code, Chapter 551, on the 12th day of February, 2016 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 February 16, 2016 CITY OF McKINNEY, TEXAS Page 10