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City Council Minutes of 010797

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City Council Minutes of 010797 ...

    MCKINNEY CITY COUNCIL REGULAR MEETING JUNE 6, 2006

     The City Council of the City of McKinney, Texas, met in a regular meeting

    session in the Council Chamber of the Municipal Building on June 6, 2006 at

    6:30 p.m.

    Council members present: Mayor Bill Whitfield, Mayor Pro-Tem Brian Loughmiller, Council member Bill Cox, Pete Huff, William “Bill” Vitz, Gilda Garza,

    and Thad Helsley.

    Staff present were: City Manager Larry Robinson; Assistant City Manager Regie Neff; City Attorney Mark Houser; City Secretary Sandy Hart; Director of

    Engineering Jack Carr; Executive Director of Development Services John Kessel;

    Assistant Director of Planning Melissa Henderson; Airport Director Ken Wiegand;

    Chief of Police Doug Kowalski; Assistant Chief of Police Rex Redden; Patrol

    Officers - Mathew Kazmerski, Chad Barker, and Kirby Luke; Police Captains

    John Dusco and Ron Jones; and Police Lieutenant Jody Morse.

    There were approximately 25 guests present.

    Mayor Whitfield called the meeting to order at 6:30 p.m. after determining a quorum was present. Invocation was given by Reverend Harold Lowe, Holy

    Family Episcopal Church. Mayor Whitfield led the Pledge of Allegiance.

    ? Mayor Whitfield read the proclamation honoring the members of the Military Service

    ? Mayor Whitfield and Council presented Certificates of Recognition for Military Service in Iraq: Matthew Kasmerski, Kirby Luke, and Chad Barker.

    Mayor Whitfield indicated that consent items 06-328 and 06-333 were requested to be pulled down for discussion.

    Mayor Whitfield adjourned into executive session at 6:40 p.m. In Accordance with the Texas Government Code: to discuss 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); Section 551.071 (1)

    (A) Litigation / Anticipated Litigation; Section 551.072 Discuss Real Property;

MCKINNEY CITY COUNCIL MINUTES

    JUNE 6, 2006

    PAGE -2-

    Section 551.074 Discuss Personnel Matters; and Section 551.087 Discuss Economic Development Matters, as listed on the posted agenda and returned to

    open session at 6:52 p.m.

    Council unanimously approved the motion by Council member Helsley,

    seconded by Council member Lewis, to approve the following Consent Items:

    ? Minutes of the City Council Work Session of May 15, 2006 06-312

    ? Minutes of the City Council Regular Meeting of May 16, 2006 06-313

    ? Minutes of the City Council Special Meeting of May 22, 2006 06-314

    06-315 ? Minutes of the Board of Adjustment Meeting of April 26, 2006

     ? Minutes of the Collin County Regional Airport Board Meeting of 06-316 April 27, 2006

     ? Minutes of the Library Advisory Board Meeting of April 20, 2006 06-317

    ? Minutes of the McKinney Arts Commission Meeting of February 16, 06-318

     2006

    ? Minutes of the McKinney Housing Authority Meeting of February 28, 06-319

     2006

     ? Minutes of the McKinney Housing Authority Meeting of April 11, 06-320

     2006

     ? Minutes of the McKinney Main Street Board Meeting of March 31, 06-321 2006

     ? Minutes of the McKinney Main Street Board Meeting of April 13, 06-322

    2006

    ? Minutes of the Parks and Recreation Board Meeting of April 13, 06-323

     2006

     ? Minutes of the Planning and Zoning Commission Meeting of May 9, 06-324

     2006

     ? Minutes of the Tourism Services Advisory Board Meeting of April 06-325

     13, 2006

     ? Consider/Discuss/Act on Curfew Ordinance, Article X, Chapter 20, 06-326

    “Curfew Hours for Minors”. Caption reads as follows:

    MCKINNEY CITY COUNCIL MINUTES

    JUNE 6, 2006

    PAGE -3-

    AN ORDINANCE OF THE CITY OF MCKINNEY, TEXAS, REPEALING ARTICLE X OF CHAPTER 20, “CURFEW FOR CHILDREN” IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE X, CHAPTER 20, TO THE CITY OF MCKINNEY’S CODE OF ORDINANCES ENTITLED “CURFEW HOURS

    FOR MINORS;” ESTABLISHING A CURFEW BETWEEN THE HOURS OF 11:00 P.M. ON ANY SUNDAY, MONDAY, TUESDAY, WEDNESDAY, OR THURSDAY UNTIL 6:00 A.M. ON THE FOLLOWING DAY; AND 12:01 A.M. UNTIL 6:00 A.M. ON ANY SATURDAY OR SUNDAY FOR PERSONS UNDER SEVENTEEN (17) YEARS OF AGE; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF MINORS AND BUSINESS

    ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR

    ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR WAIVER BY THE MUNICIPAL COURT OF JURISDICTION OVER A MINOR WHEN REQUIRED UNDER THE TEXAS FAMILY CODE; PROVIDING A PENALTY NOT TO EXCEED $500.00; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE

    [Ordinance No. 2006-06-066]

    ? Consider/Discuss/Act on an Ordinance Changing the Name of the

    06-327

     Community Development Block Grant Advisory Commission to the Community

     Grants Advisory Commission and Establishing Guidelines for Board Members.

    Caption reads as follows:

    AN ORDINANCE OF THE CITY OF MCKINNEY, TEXAS,

    CHANGING THE NAME OF THE COMMUNITY

    DEVELOPMENT BLOCK GRANT ADVISORY

    COMMISSION TO THE COMMUNITY GRANTS ADVISORY

    COMMISSION; PROVIDING PREREQUISITES AND

    QUALIFICATIONS FOR MEMBERSHIP AND REMOVAL

    FROM OFFICE; ESTABLISHING MEETING

    REQUIREMENTS; ESTABLISHING A TERM OF OFFICE;

    ESTABLISHING DUTIES AND RESPONSIBILITIES;

    PROVIDING FOR SEVERABILITY; AND PROVIDING FOR

    AN EFFECTIVE DATE

    [Ordinance No. 2006-06-067]

    ? Consider/Discuss/Act on an Ordinance Amending the FY2005-06

    06-329

     Budget, including the 2006-2010 Capital Improvements Program, for the

    Purchase of the Collin County Government Center on McDonald Street. Caption

    reads as follows:

    AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

    OF McKINNEY, TEXAS AUTHORIZING CERTAIN BUDGET

    AMENDMENTS PERTAINING TO THE FISCAL YEAR

    2005-2006 BUDGET INCLUDING THE 2006-2010 CAPITAL

MCKINNEY CITY COUNCIL MINUTES

    JUNE 6, 2006

    PAGE -4-

    IMPROVEMENTS PROGRAM; AND PROVIDING FOR AN

    EFFECTIVE DATE HEREOF

     [Ordinance No. 2006-06-069]

    ? Consider/Discuss/Act on a Resolution Authorizing an Increase in

    06-330 the Guaranteed Maximum Price (GMP) for the McKinney Performing Arts Facility

    and Authorizing Contract Amendments for the Construction Management

Services with Thos. S. Byrne Construction. Caption reads as follows:

    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

    McKINNEY, TEXAS, AUTHORIZING CONTRACT

    AMENDMENTS FOR THE CONSTRUCTION

    MANAGEMENT SERVICES WITH THOS S. BYRNE, INC.

    AND AUTHORIZING AN INCREASE IN THE

    GUARANTEED MAXIMUM PRICE (GMP) FOR THE

    MCKINNEY PERFORMING ARTS CENTER

[Resolution 2006-06-091(R)]

    ? Consider/Discuss/Act on a Resolution Authorizing an Increase in

    06-331

     the Guaranteed Maximum Price (GMP) for the McKinney Public Safety Building

     and Authorizing a Contract Amendment for the Construction Management

Services with Pogue Construction. Caption reads as follows:

    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

    McKINNEY, TEXAS, AUTHORIZING THE CITY MANAGER

    TO EXECUTE A CONTRACT AMENDMENT WITH POGUE

    CONSTRUCTION FOR CONSTRUCTION MANAGEMENT

    SERVICES RELATED TO THE McKINNEY PUBLIC

    SAFETY BUILDING

[Resolution No. 2006-06-092(R)]

    ? Consider/Discuss/Act on a Resolution Authorizing a Contract to 06-332

     Provide Professional Services for Creek Investigations Related to Healthy

     Creeks and Lakes Initiative. Caption reads as follows:

    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

    McKINNEY, TEXAS, AUTHORIZING THE CITY MANAGER

    TO EXECUTE A CONTRACT WITH EASTERLING

    CONSULTANTS, PLLC FOR PROFESSIONAL SERVICES

    FOR CREEK EVALUATIONS

[Resolution No. 2006-06-093(R)]

    ? Consider/Discuss/Act on a Request by Abernathy, Roeder, Boyd

    06-334 and Joplin, P.C., on Behalf of TKA Land Company Inc. for Approval of a

MCKINNEY CITY COUNCIL MINUTES

    JUNE 6, 2006

    PAGE -5-

Facilities Agreement Regarding the Approximately 388 Acres of Land Situated at

    the Northeast Corner of Custer Road (FM 2478) and Future Bloomdale Road.

    Mayor Whitfield called for Consideration/Discussion/Action on an 06-286 06-328

     Ordinance Reaffirming its Authorization of a Purchase and Sale Agreement

     between the City of McKinney and Collin County for the Courthouse Property on

    McDonald Street. Mayor Pro-Tem Loughmiller requested this item be pulled

    down for discussion. Mr. Loughmiller stated that he is concerned about possible

    cost overruns that may be associated with issues during the rehabilitation of the

    building. Mr. Loughmiller stated that we have an agreement with Collin County

    to purchase the building for $8,000,000 and the Council needs to be good

    stewards of our taxpayer dollars. Council unanimously approved the motion by

    Mayor Pro-Tem Loughmiller, seconded by Council member Helsley, to approve

    the ordinance reaffirming its authorization of a purchase and sale agreement

    between the City of McKinney and Collin County for the Courthouse property on

    McDonald Street. Caption reads as follows:

    AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

    OF MCKINNEY, TEXAS, REAFFIRMING ITS

    AUTHORIZATION OF A PURCHASE AND SALE

    AGREEMENT BETWEEN THE CITY OF MCKINNEY AND

    COLLIN COUNTY, TEXAS; LEVYING A TAX IN PAYMENT

    OF AMOUNTS DUE THEREUNDER; AND OTHER

    MATTERS RELATED THERETO; AND PROVIDING FOR

    AN EFFECTIVE DATE HEREOF

    [Ordinance No. 2006-06-068]

    Mayor Whitfield called for Consideration/Discussion/Action on a 06-333

     Resolution Indicating the City’s Endorsement of a Recently Proposed Alternative

     Alignment of the Future Collin County Multimodal Transportation Corridor (Outer

Loop). Council member Helsley requested that this item be pulled down for

    discussion. Mr. Helsley stated that he had spoken with County Commissioner

    Joy Jaynes. Mr. Jaynes told Mr. Helsley that there would be no problem with a

    delay on Council’s consideration as long as an understanding was reached prior

    stto September 1. Mr. Helsley stated that this delay would give the Council an

    opportunity to see if the new alignment would not have an adverse effect on the

     06-335

MCKINNEY CITY COUNCIL MINUTES

    JUNE 6, 2006

    PAGE -6-

    City of McKinney. Council unanimously approved the motion by Council member Helsley, seconded by Council member Vitz, to table this item indefinitely.

    Mayor Whitfield called for Consideration/Discussion/Action on City

    Council Election of Mayor Pro Tem. Council unanimously approved the motion by Council member Helsley, seconded by Council member Garza, to election Brian Loughmiller as Mayor Pro Tem.

    City Attorney Mark Houser announced that Council member Bill Cox

    would be stepping down on agendas items 06-239, 06-336, 06-337, 06-338, 06-339, and 06-340 since he already voted on these items while serving as Chairman of the Planning and Zoning Commission.

    Mayor Whitfield called for a Public Hearing for 06-239

    PH Consideration/Discussion/Action on the Request by City of McKinney, on Behalf of McKinney Economic Development Corporation for Approval of a Request to Rezone Approximately 88 Acres, McKinney Bridge Street Town Centre, from “PD” – Planned Development District to “PD” – Planned Development District to

    Modify Development Uses and Standards, Located at the Northeast Corner of U.S. Highway 75 and Spur 399, and Accompanying Ordinance. Assistant Director of Planning Melissa Henderson explained that the City was proposing to rezone approximately 88 acres, generally at the northeast corner of U.S. Highway 75 (Central Expressway) and Spur 399. Ms. Henderson stated that a retail, restaurant, movie theater development, as well as a hotel/convention center site and an education office site were being proposed. Ms. Henderson stated that there were numerous development standards that would apply to the retail portion and not the education center portion of the property. Mayor Whitfield called for public comment. Ms. Suzan Kedron, 901 Main Street # 6000, Dallas, Texas, stated that she was present on behalf of JDN, a property owner, whose rights were going to be affected by this rezoning request. Ms. Kedron stated that JDN is owned by Developers Diversified Realty (DDR) and they have not consented to the City initiated rezoning of this property. Ms. Kedron stated that they own about 9 acres to the north of this property. Ms. Kedron stated that

MCKINNEY CITY COUNCIL MINUTES

    JUNE 6, 2006

    PAGE -7-

    rezoning this property at this time is premature as the site is subject to a condemnation proceeding. Ms. Kedron stated that it is a condemnation proceeding to which JDN is vigorously opposed. Ms. Kedron stated that they did not believe that the City has the right to take property from one developer to benefit another through condemnation action. Ms. Kedron stated that there are constitutional and case law protections that protect JDN from such actions. Ms. Kedron stated that the City does not have input or approval of the current property owner. Ms. Kedron stated that the property owner is opposed to the action and has not been contacted by the City. Ms. Kedron stated that she was requesting at this time that the Council defer this request pending the outcome of the condemnation proceedings. Council unanimously approved the motion by Council member Helsley, seconded by Council member Vitz, to close the public hearing and approve the Ordinance rezone approximately 88 acres, McKinney Bridge Street Town Centre, from “PD” – Planned Development District to “PD” –

    Planned Development District to modify development uses and standards, located at the northeast corner of U.S. Highway 75 and Spur 399 with the following special provisions: The subject property shall develop generally in accordance with the attached site plan (Exhibit “B”) with the exception of the hotel/conference center and office/education site; the subject property shall develop in accordance with the “BG” – General Business District requirements,

    except as follows: Maximum height: Retail 45 feet with the ability to go up to 65

    feet for a central, iconic feature for the retail portion with the approval of the Director of Planning at time of site plan approval, Office - 85 feet, Cinema 50

    feet with the ability to go up to 80 feet for certain architectural features with the approval of the Director of Planning at time of site plan approval,

    office/Education site 85 feet, Hotel/Conference Center 15 stories; primary

    uses shall be office, education, retail, restaurant, convention center, hotel, and movie theatre; the following uses shall be prohibited: residential use, rest home/nursing home, transportation related uses, pawn shop, laundry cleaning plant, all automobile and related uses except a parking garage, auto display and

MCKINNEY CITY COUNCIL MINUTES

    JUNE 6, 2006

    PAGE -8-

    sales, service station and motor vehicle fuel sales, exterminator, farm implement sales and service, plumbing, and tires, batteries and accessories, drive through restaurant and cafeterias shall require a Specific Use Permit (SUP) except for coffee shops with drive through which shall be allowed by right. Car washes shall also require a SUP; only one hotel shall be allowed on the subject property, the illumination for the subject property shall not exceed 20 foot candles over the entire site; bare bulbs on strings shall be allowed as accents on some buildings and on the bridge but shall not exceed 75 watts; decorative street lights shall have a modified horizontal cutoff optic to reduce ambient light to a minimum while maintaining a period appearance. Decorative pedestrian scale area lighting throughout the retail corridor shall utilize low wattage lamps and refractor optics to minimize discomfort glare; screening of mechanical, heating and air-conditioning equipment shall at all times be screened from the view of any adjacent parking areas; all screening devices for trash enclosures, trash compactors and loading spaces shall be allowed to be constructed of precision CMU’s with a plaster finish on the exterior and capped with a concrete or

    synthetic stone; all screen walls shall be unequally finished on both sides, variations being dependent upon visibility, subject to review and approval by the Director of Planning at time of site plan approval; a minimum 10’ wide landscape

    buffer be allowed along Gateway Boulevard; no parking screening shrubs shall be required along Gateway Boulevard; the following architectural standards shall apply to the retail town center on the attached site plan (retail/restaurant buildings 1-12): retail/restaurant buildings 1 12 shall conform to the attached

    elevations (Exhibit “C”) or shall meet the requirements of Section 41-215

    Architectural Standards of the Zoning Ordinance, and as amended, the building facades shall utilize architectural features to add richness to each elevation. The designs are encouraged to have elements, which create a sense of depth, rhythm, and scale. Elements which can be used to provide the scale and richness include, but are not limited to, recessed or pop-out entries, pilasters, color transitions, balconies, chimneys, planter boxes (with plants), pots, awnings,

MCKINNEY CITY COUNCIL MINUTES

    JUNE 6, 2006

    PAGE -9-

    pitched roofs, open rafter tails, overhangs, tile details, windows, door openings, offset wall planes and landscaping (possibly Italian Cypress or a similar columnar tree/shrub), prior to issuance of a building permit, the applicant will be required to submit the required building elevations for all four (4) sides of the buildings for approval. If staff determines the elevations are consistent with the PD requirements or with Section 41-215 Architectural Standards of the Zoning Ordinance, and as amended, then they may be approved at the staff level. If the elevations are found to not be consistent with what was approved with the PD, the elevations shall require Planning and Zoning Commission review and approval, the following architectural standards shall apply to the big box buildings on the attached site plan (buildings 13 and 14): big box buildings shall conform to the attached elevations shown for proposed Building 14 (Exhibit “D”)

    or meet the requirements of Section 41-215 Architectural Standards of the Zoning Ordinance and as amended, prior to issuance of a building permit, the applicant will be required to submit the required building elevations for all four (4) sides of the buildings for approval. If staff determines the elevations are consistent with the PD requirements or with Section 41-215 Architectural Standards of the Zoning Ordinance and as amended, then they may be approved at the staff level. If the elevations are found to not be consistent with what was approved with the PD, the elevations shall require Planning and Zoning Commission review and approval, building 13 shall be of consistent quality as shown for Building 14. If it is found by Staff to not be of consistent quality, the elevations shall require Planning and Zoning Commission review and approval, the building facades shall utilize architectural features to add richness to each elevation. The designs are encouraged to have elements, which create a sense of depth, rhythm, and scale. Elements which can be used to provide the scale and richness include, but are not limited to, recessed or pop-out entries, pilasters, color transitions, balconies, chimneys, planter boxes (with plants), pots, awnings, pitched roofs, open rafter tails, overhangs, tile details, windows, door openings, offset wall planes and landscaping (possibly

MCKINNEY CITY COUNCIL MINUTES

    JUNE 6, 2006

    PAGE -10-

    Italian Cypress or a similar columnar tree/shrub); the following architectural standards shall apply to the office buildings on the attached site plan (Office Buildings 1 and 2): Office buildings 1 and 2 shall conform to the attached elevations (Exhibit “E”) or meet the requirements of Section 41-215 Architectural

    Standards of the Zoning Ordinance, and as amended, prior to issuance of a building permit, the applicant will be required to submit the required building elevations for all four (4) sides of the buildings for approval. If staff determines the elevations are consistent with the PD requirements or with Section 41-215 Architectural Standards of the Zoning Ordinance, and as amended, then they may be approved at the staff level. If the elevations are found to not be consistent with what was approved with the PD, the elevations shall require Planning and Zoning Commission review and approval; the following

    architectural standards shall apply to the out parcels and restaurant pad sites on the attached site plan: the proposed retail/restaurant pad sites around the perimeter of the property and around the proposed lake shall meet the architectural standards of the City of McKinney Zoning Ordinance Section 41-215, and as amended, or the developer may choose to deviate from the architectural standards and use materials consistent with the retail town center portion as described in #11 above. The Director of Planning shall determine if the elevations are consistent with the retail town center buildings if the style, detailing, façade elements, scale, and massing are generally consistent, if the Planning Director does not make the determination that the elevations are consistent, then a meritorious exception will be required as described in Section 41-215 of the Zoning Ordinance, and as amended; the proposed

    hotel/convention center and office/education sites shall conform to the Section 41-215 of the City of McKinney Zoning Ordinance Architectural Standards, and as amended; and the signage for the subject property, excluding the hotel/convention center and office/education sites, shall conform to the following: signage shall be provided as shown on the attached Exhibit “F”, signage shall

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