CITY COUNCIL REGULAR MEETING

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					                     CITY COUNCIL REGULAR MEETING

                                 APRIL 7, 2009

      The City Council of the City of McKinney, Texas, met in regular session in

the Council Chamber of the Municipal Building on April 7, 2009 at 5:30 p.m.

      Council members present: Mayor Bill Whitfield; Mayor Pro-Tem Bill Cox;

Council members: Gilda Garza; Geralyn Kever; Travis Ussery, Ray Ricchi; and

Pete Huff.

      Staff present were:    City Manager Frank Ragan; City Attorney Mark

Houser; Deputy City Manager Rick Chaffin; City Secretary Sandy Hart; Director

of Engineering Jack Carr; Media Manager Anna Folmnsbee; Executive Director

of Development Services John Kessel; Deputy Director of Finance/Administration

Cindy Smith; Deputy City Secretary Lincoln Thompson; Chief of Police Doug

Kowalski; Assistant Chief of Police Rex Redden; Planning Director Jennifer Cox;

Fire Chief Mark Wallace; Assistant Fire Chief Frank Roma; Engineering – Robyn

Root, Rich Larkins, and Matt Richardson, Airport Director Ken Wiegand; Arborist

Emily Braht; Senior Planner Michael Quint; Tourism Director Diann Bayes;

Community Development Director Sam Chavez; and Executive Director of

Finance/Administrative Services Jennifer Fung.

      There were 50 guests present.

      Mayor Whitfield called the meeting to order at 5:30 p.m. after determining

a quorum was present. Invocation was given by Father Harold Lowe, Church of

the Holy Family. Mayor Whitfield led the Pledge of Allegiance.

      Information Sharing

      City Arborist Emily Braht Arborist discussed the 7th Annual Arbor Day

Proclamation

      Mayor Whitfield called for Citizen Comment:

      The following individuals spoke in favor of traffic control devices on

Berkshire Road:

      Ms. Marta Gore, 1821 Savannah Drive, McKinney

      Ms. Priscilla G. Smith, 6109 Berkshire Road, McKinney

      Mr. Richard Guatelli, 6132 Berkshire Road, McKinney

      Ms. Teak Ward, 6133 Berkshire Road, McKinney
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -2-

       Mr. Robert Jones, 6112 Berkshire Road, McKinney

       Mr. William Smith, 6109 Berkshire Road, McKinney

       Ms. Angie Nelson, 6121 Berkshire Road, McKinney

       Ms. Shannon Myers, 2832 Rush Creek Road, McKinney

       Mr. Bill Campbell, 2316 Killarney, McKinney

       Mr. Garry Sawka, 2001 White Oak Road, McKinney

       Ms. Tanna Nelson, 2209 Cypress Point, McKinney

       Ms. Dachia Guatelli, 6132 Berkshire Road, McKinney

       Mr. Ben Nelson, 6121 Berkshire Road, McKinney

       The following individuals did not wish to speak on of traffic control devices

on Berkshire Road, but wanted their support recorded:

       Mr. A. Thomas, 2205 Tralee Court, McKinney

       Ms. Debra Slatton, 6011 Berkshire Road, McKinney

       Vickie & Andrae Smith, 2829 Rush Creek Road, McKinney

       Nancy Porter, 2313 Killarney Drive, McKinney

       Mr. David Williams, 5913 Berkshire Road, McKinney

       Ms. Charlotte Newell, 5904 Berkshire Road, McKinney

       Ms. Karina Fernandez, 6120 Berkshire, McKinney

       Mr. Juan Carlos, 7317 Nabors Lane, McKinney, spoke about way finding

for the historic downtown area.

       Mr. Barney Flores, 1510 Sandy Ridge, McKinney, thanked the City

Council for their support of the Silver Gloves.

       Council unanimously approved the motion by Mayor Pro-Tem Bill Cox,

seconded by Council member Pete Huff, to approve the following consent items:

09-176    Minutes from the City Council Retreat of March 12, 2009

09-177    Minutes from the City Council Work Session of March 16, 2009

09-178    Minutes from the City Council Regular Meeting of March 17, 2009

09-179    Minutes from the Board of Adjustment Meeting of February 25, 2009

09-180    Minutes from the Community Grants Advisory Commission Meeting of

          November 19, 2008

09-181    Minutes from the Library Advisory Board Meeting of February 19, 2009
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -3-

09-182   Minutes from the McKinney Airport Development Corporation Meeting

         of February 12, 2009

09-183   Minutes from the McKinney Armed Services Memorial Board Meeting

         of February 11, 2009

09-184   Minutes from the McKinney Community Development Corporation

         Meeting of February 26, 2009

09-185   Minutes from the McKinney Convention and Visitors Bureau Meeting of

         January 26, 2009

09-186   Minutes from the McKinney Economic Development Corporation

         Meeting of February 27, 2009

09-187   Minutes from the McKinney Housing Authority Meeting of March 3,

         2009

09-188   Minutes from the McKinney Main Street Board Meeting of February 20,

         2009

09-189   Minutes from the Parks, Recreation, and Open Space Board Meeting

         of January 8, 2009

09-190   Consider/Discuss/Act on the Proposed Amendment of Chapter 126,

         Housing, of the Code of Ordinances and More Specifically Article II,

         Substandard Buildings, with Regard to Partially Completed Abandoned

         Residential Structures. Caption reads as follows:

                       ORDINANCE NO. 2009-04-024

         AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
         OF MCKINNEY, TEXAS, REPEALING IN ITS ENTIRETY
         ARTICLE II, SUBSTANDARD BUILDINGS, OF CHAPTER
         126, HOUSING, OF THE CODE OF ORDINANCES;
         ESTABLISHING A NEW ARTICLE II, SUBSTANDARD
         STRUCTURES; PROVIDING FOR THE REPEAL OF
         CONFLICTING ORDINANCES; PROVIDING A PENALTY;
         PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
         AN EFFECTIVE DATE

09-191   Consider/Discuss/Act on an Ordinance Amending the 2009-2013

         Capital Improvements Program for the Crape Myrtle World Collection

         Project. Caption reads as follows:

                       ORDINANCE NO. 2009-04-025
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -4-

         AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
         OF McKINNEY, TEXAS AUTHORIZING CERTAIN BUDGET
         AMENDMENT PERTAINING TO THE FISCAL YEAR 2008-
         2009  BUDGET    AND   THE   2008-2009  CAPITAL
         IMPROVEMENTS PROGRAM; AND PROVIDING FOR AN
         EFFECTIVE DATE HEREOF

 09-192 Consider/Discuss/Act on a Resolution Authorizing a Contract for the

         Construction of the Wilcox, Graham, Jefferson, and Gerrish Street

         Reconstruction Project. Caption reads as follows:

                     RESOLUTION NO. 2009-04-054 (R)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         MCKINNEY, TEXAS, AUTHORIZING THE CITY MANAGER
         TO EXECUTE A CONTRACT FOR THE CONSTRUCTION
         OF THE WILCOX, GRAHAM, JEFFERSON, AND GERRISH
         STREET RECONSTRUCTION PROJECT

09-193   Consider/Discuss/Act on a Resolution Authorizing a Contract for

         Material Testing Services Related to the Wilcox, Graham, Jefferson,

         and Gerrish Street Reconstruction Project. Caption reads as follows:

                     RESOLUTION NO. 2009-04-055 (R)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         McKINNEY, TEXAS, AUTHORIZING THE CITY MANAGER
         TO EXECUTE A CONTRACT FOR MATERIAL TESTING
         SERVICES FOR THE WILCOX, GRAHAM, JEFFERSON,
         AND GERRISH STREET RECONSTRUCTION PROJECT

09-194   Consider/Discuss/Act on a Resolution Authorizing a Contract for the

         Preliminary Engineering of the FM 546 Replacement from McDonald

         Street (SH 5) to East of Airport Drive. Caption reads as follows:

                     RESOLUTION NO. 2009-04-056 (R)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         McKINNEY, TEXAS, AUTHORIZING THE CITY MANAGER
         TO EXECUTE A CONTRACT WITH CIVIL ASSOCIATES,
         INC., FOR THE PRELIMINARY ENGINEERING OF THE
         FM 546 REPLACEMENT FROM McDONALD STREET (SH
         5) TO EAST OF AIRPORT DRIVE

09-195   Consider/Discuss/Act on a Resolution Approving an Interlocal

         Agreement between Collin County and the City of McKinney Related

         Concerning the Preliminary Engineering and Right-of-way acquisition

         for FM 546 Replacement along a New Route between SH 5 and

         Airport Drive. Caption reads as follows:

                      RESOLUTION NO. 2009-04-057 (R)
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -5-


         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         McKINNEY, TEXAS AUTHORIZING THE CITY MANAGER
         TO SIGN AND EXECUTE AN INTERLOCAL AGREEMENT
         BETWEEN THE CITY OF McKINNEY AND COLLIN
         COUNTY FOR THE PRELIMINARY ENGINEERING AND
         RIGHT-OF-WAY    ACQUISITION   FOR     FM    546
         REPLACEMENT ALONG A NEW ROUTE BETWEEN SH 5
         AND AIRPORT DRIVE

09-198   Consider/Discuss/Act on a Resolution Authorizing the City Manager to

         Apply for and Accept 421 State Criminal Justice Planning Funds from

         the Governor’s Criminal Justice Division. Caption reads as follows:

                     RESOLUTION NO. 2009-04-060 (R)

         A RESOLUTION AUTHORIZING THE CITY MANAGER TO
         APPLY FOR AND ACCEPT 421 STATE CRIMINAL
         JUSTICE PLANNING FUNDS FROM THE GOVERNOR’S
         CRIMINAL JUSTICE DIVISION

09-199   Consider/Discuss/Act on Resolution Authorizing the Acceptance of the

         U.S. Department of Justice 2009 Justice Assistance Grant to assist the

         Police Department in Enhancing Public Safety and Reducing Crime in

         the City of McKinney. Caption reads as follows:

                     RESOLUTION NO. 2009-04-061 (R)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         McKINNEY, COLLIN COUNTY, TEXAS, AUTHORIZING
         THE ACCEPTANCE OF THE U.S. DEPARTMENT OF
         JUSTICE 2009 BYRNE JUSTICE ASSISTANCE GRANT
         AND DESIGNATES THE CITY MANAGER, OR DESIGNEE,
         AS OFFICIAL REPRESENTATIVE OF THE CITY IN
         MATTERS RELATING TO THE PROGRAM

09-200   Consider/Discuss/Act on a Resolution Authorizing the City Manager to

         Accept a Selective Traffic Enforcement Program (STEP) Click It or

         Ticket Grant from the Texas Department of Transportation. Caption

         reads as follows:

                     RESOLUTION NO. 2009-04-062 (R)

         A RESOLUTION AUTHORIZING THE CITY MANAGER TO
         ACCEPT A STEP (SELECTIVE TRAFFIC ENFORCEMENT
         PROGRAM) CLICK IT OR TICKET GRANT FROM THE
         TEXAS DEPARTMENT OF TRANSPORTATION

09-201   Consider/Discuss/Act on a Resolution Authorizing the City Manager to

         Apply for and Accept a Grant, if Awarded, Under the COPS Hiring

         Recovery Program (CHRP), Office of Community Oriented Policing
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -6-

         Services (COPS) of the U.S. Department of Justice. Caption reads as

         follows:

                       RESOLUTION NO. 2009-04-063 (R)

         A RESOLUTION AUTHORIZING THE CITY MANAGER TO
         APPLY FOR A GRANT UNDER THE COPS HIRING
         RECOVERING    PROGRAM    (CHRP),  OFFICE  OF
         COMMUNITY ORIENTED POLICING SERVICES (COPS)
         OF THE U.S. DEPARTMENT OF JUSTICE AND TO
         ACCEPT THE GRANT, IF AWARDED

09-202   Consider/Discuss/Act on a Resolution Authorizing the City Manager to

         Apply for and Accept a Grant, if Awarded, Under the U. S. Department

         of Justice, Office of Justice Programs (OJP), Bureau of Justice

         Assistance (BJA), Recovery Act Edward Byrne Memorial Competitive

         Grant Program for a Crime Scene Technician.         Caption reads as

         follows:

                       RESOLUTION NO. 2009-04-064 (R)

         A RESOLUTION AUTHORIZING THE CITY MANAGER TO
         APPLY FOR A GRANT UNDER THE AMERICAN
         RECOVERY AND REINVESTMENT ACT OF 2009,
         EDWARD BYRNE MEMORIAL COMPETITVE GRANT
         PROGRAM OF THE U.S. DEPARTMENT OF JUSTICE
         AND TO ACCEPT THE GRANT, IF AWARDED

09-204   Consider/Discuss/Act on a Resolution Endorsing Certain Legislative

         Changes to Enhance the Competitive Electric Market. Caption reads

         as follows:

                       RESOLUTION NO. 2009-04-066 (R)

         A RESOLUTION OF THE CITY OF McKINNEY, TEXAS,
         ENDORSING CERTAIN LEGISLATIVE CHANGES TO
         ENHANCE THE COMPETITIVE ELECTRIC MARKET

                             END OF CONSENT

09-196   Mayor Whitfield called for Consideration/Discussion/Action on a

         Resolution Authorizing a Professional Services Contract for Owner’s

         Representative Services with Jackson A&E Associates, Inc. Related to

         the Design and Construction of the McKinney Civic Center to be

         Located in Downtown McKinney.       Council member Kever requested

         that this item be pulled down for discussion along with agenda item 09-

         197.   Director of Engineering Jack Carr stated that an update on this
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -7-

         project along with recommendations will be presented to Council at the

         April 27, 2009 CIP update. Mr. Carr stated that there will be a lot of

         dialog with Council. Ms. Kever requested that a comparison of costs

         used by adjacent cities on similar projects be provided at the next

         update.     Council member Kever motioned, Council member Ussery

         seconded, to table this item until the April 21, 2009 meeting, with a

         vote of 2-5-0, Mayor Whitfield, Mayor Pro-Tem Cox, Council members

         Huff, Garza, and Ricchi voting against. City Manager Ragan stated

         that we need someone on site watching the project. Mr. Ragan stated

         that in the future we will bring people on board with talent for smaller

         and general type projects.    Mr. Ragan stated many of the projects

         require people with a myriad of talents for all the specialty areas that

         are involved with security and IT issues.   We don’t have that skill set

         on staff.    For a project like this we would have to hire 6 people to

         oversee the project. Mr. Carr stated that when the County moves out

         of the building next month, all the heating and air conditioning along

         with the security will be removed from the building. Council approved

         the motion by Council member Huff, seconded by Mayor Pro-Tem Cox,

         to approve a Resolution authorizing a Professional Services Contract

         for Owner's Representative Services with Jackson A&E Associates,

         Inc. related to the design and construction of the McKinney Civic

         Center to be located in Downtown McKinney, with a vote of 5-2-0,

         Council members Kever and Ussery voting against. Caption reads as

         follows:

                      RESOLUTION NO. 2009-04-058 (R)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         McKINNEY, TEXAS, AUTHORIZING THE CITY MANAGER
         TO EXECUTE A CONTRACT WITH JACKSON A&E
         ASSOCIATES, INC. FOR OWNER’S REPRESENTATIVE
         SERVICES    RELATED   TO   THE   DESIGN    AND
         CONSTRUCTION OF THE McKINNEY CIVIC CENTER TO
         BE LOCATED IN DOWNTOWN McKINNEY

09-197   Mayor Whitfield called for Consideration/Discussion/Action on a

         Resolution Authorizing a Contract for the Complete Architectural and
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -8-

         Engineering Services Related to Phase 1 of the Proposed McKinney

         Civic Center Campus to be Located on the Site of the Existing Collin

         County Government Center.             Council unanimously approved the

         motion by Council member Kever, seconded by Council member

         Garza, to approve a Resolution authorizing a contract for the complete

         Architectural and Engineering Services related to Phase 1 of the

         proposed McKinney Civic Center Campus to be located on the site of

         the existing Collin County Government Center.           Caption reads as

         follows:

                       RESOLUTION NO. 2009-04-059 (R)

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
         McKINNEY, TEXAS, AUTHORIZING THE CITY MANAGER
         TO EXECUTE A CONTRACT WITH BRINKLEY SARGENT
         ARCHITECTS FOR COMPLETE ARCHITECTURAL AND
         ENGINEERING SERVICES RELATED TO PHASE 1 OF
         THE NEW McKINNEY CIVIC CENTER CAMPUS TO BE
         LOCATED ON THE SITE OF THE EXISTING COLLIN
         COUNTY GOVERNMENT CENTER

09-203   Mayor Whitfield called for Consideration/Discussion/Action on a

         Resolution to Approve the McKinney Airport Development Corporation

         (MADC) Strategic Plan. Council unanimously approved the motion by

         Council member Garza, seconded by Council member Huff, to approve

         a Resolution approving the McKinney Airport Development Corporation

         (MADC) Strategic Plan. Caption reads as follows:

                       RESOLUTION NO. 2009-04-065 (R)

         A RESOLUTION OF THE CITY OF McKINNEY TEXAS,
         APPROVING THE McKINNEY AIRPORT DEVELOPMENT
         CORPORATION STRATEGIC PLAN

09-172   Mayor      Whitfield   called   for   Consideration/Discussion/Action   on

         Appointing a Member to the Historic Preservation Advisory Board to

         replace William Bess.           TABLED FROM THE MARCH 17, 2009

         MEETING.        Council unanimously approved the motion by Council

         member Ussery, seconded by Mayor Pro-Tem Cox, to appoint Thomas

         McKissick to fill the unexpired term of William Bess ending September

         30, 2009.
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -9-

09-205   Mayor Whitfield called for Consideration/Discussion/Action to Fill the

         Vacant Position on the McKinney Convention and Visitors Bureau.

         Council unanimously approved the motion by Mayor Pro-Tem Cox,

         seconded by Council member Huff, to appoint John Dugan to fill the

         unexpired position of Mike Holloway on the McKinney Convention and

         Visitors Bureau ending September 30, 2010.

09-206   Mayor Whitfield called for Consideration/Discussion/Action on a

         Request for Traffic Control Devices on Berkshire Road. Deputy City

         Manager Rick Chaffin summarized the three major issues: (1) concern

         of speed on Berkshire Road and the speed west of Ridge Road, (2)

         concern of speed on Berkshire Road east of Ridge, and (3) concerns

         with the intersection of Berkshire Road and Ridge Road. Mr. Chaffin

         stated that we are all here together concerned about the safety of the

         children.   Mr. Chaffin presented the Staff recommendations. (1)

         increase awareness of pedestrian safety in the area through a

         collaborative effort of McKinney Independent School District and the

         Police Department, (2) enhance traffic enforcement from McKinney

         Police Department; (3) installation of two dynamic speed display signs

         on Berkshire Road west of Ridge, one on each side of the road. One

         to be placed immediately and the other as soon as it can be ordered

         and delivered; and (4) on Berkshire Road east of Ridge, work with the

         Willow Brook neighborhood area to determine the appropriate traffic

         calming devices through the Neighborhood Traffic Management

         Program. City Manager Ragan stated that at this time additional stop

         signs are not warranted at the intersection of Ridge and Berkshire. Mr.

         Ragan stated that he feels the City should work towards getting the

         dynamic speed signs into all the school zones in McKinney. Council

         member Ricchi, made a motion, seconded by Mayor Pro-Tem Cox, to

         approve the installation of a four way stop at the intersection Berkshire

         & Ridge, placement of dynamic speed signs on Berkshire Road west

         side of Ridge and the same for the east side of Berkshire and Ridge,
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -10-

         Ridge 40 feet prior to intersection at both sides and synced for Evans

         and Wolford Schools School zone expansion with dynamic signs.

         speed cushions on Berkshire between Rushcreek and Ridge, motion

         failed with a vote of 3-4-0. Mayor Whitfield, Council members Kever,

         Ussery, and Huff voting against. Council unanimously approved the

         motion by Council member Huff, seconded by Mayor Pro-Tem Cox, to

         approve the following: (1) The installation of 2 permanent dynamic

         speed display signs on Berkshire Road on the west side of Ridge

         Road; (2) Placement of 2 dynamic speed display signs on Berkshire

         on the east side of Ridge Road (may be temporary for at least a 90-

         day evaluation period); and (3)       Work with the area residents to

         determine an appropriate type of on-the-street traffic calming device

         and install the device for a test period of at least 90 days, during which

         the effectiveness of the device will be evaluated. Upon completion of

         the evaluation period the City Manager is to report the results of the

         traffic calming evaluation study to Council for their consideration and

         Council action regarding the continued use of the device.             City

         Manager Ragan indicated an increased police patrol will be

         implemented until the time the traffic calming device is in place. After

         the device has been installed the police patrol will return to the normal

         level, thereby allowing a determination of the effectiveness of just the

         device (without the additional police patrol).

09-207   Mayor Whitfield called for a Public Hearing for Consideration/-

         Discussion/Action on the Request by CEI Engineering Associates, Inc.,

         on Behalf of 7-Eleven, Inc., for Approval of a Request to Rezone

         Approximately 1.26 Acres from "PD" - Planned Development District to

         "PD" - Planned Development District, Generally to Add Additional

         Fueling Stations and to Modify Other Development Standards, Located

         on the South Side of U.S. Highway 380 (University Drive) and

         Approximately 150 Feet East of Custer Road, and Accompanying

         Ordinance. Planning Director Jennifer Cox stated that the applicant is
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -11-

       requesting to rezone approximately 1.26 acres of land, located on the

       south side of U.S. Highway 380 (University Drive) and approximately

       150 feet east of Custer Road from “PD” – Planned Development

       District to “PD” – Planned Development District, generally to add

       additional fueling stations and to modify the development standards.

       The applicant is proposing to construct a convenience store (7-Eleven)

       with 16 fueling stations and an automatic car wash on the subject

       property. Applicant, Mr. Gary Fullington, 10755 Sandhill Road, Dallas,

       was present representing 7-11.       Mayor Whitfield called for public

       comment and there was none.        Council unanimously approved the

       motion by Council member Kever, seconded by Council member

       Ussery, to approve the Ordinance rezoning approximately 1.26 acres

       from "PD" - Planned Development District to "PD" - Planned

       Development District, generally to add additional fueling stations and to

       modify other development standards, located on the south side of U.S.

       Highway 380 (University Drive) and approximately 150 feet east of

       Custer Road with the following special ordinance provisions: the

       subject property shall develop in accordance with “PD” – Planned

       Development District Ordinance No. 2003-02-015 regulations, except

       as follows: submittal and approval of a site plan shall not require a

       concept plan; the site shall be allowed to contain eight fuel dispensers

       (16 total fueling stations); the site shall be allowed to contain an

       automatic car wash in connection with a motor vehicle fuel sale facility;

       the site plan application for the subject property may be approved

       administratively by the Director of Planning. The applicant may appeal

       the decision of Staff to the Planning & Zoning Commission and the

       decision of the Planning & Zoning Commission to the City Council, and

       the subject property generally develop in accordance with the site and

       landscape plan exhibits (Exhibits B and C). Caption reads as follows:
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -12-

                         ORDINANCE NO. 2009-04-026

          AN ORDINANCE AMENDING ORDINANCE NO. 2003-02-
          015, OF THE CITY OF McKINNEY, TEXAS; SO THAT AN
          APPROXIMATELY 1.26 ACRE PROPERTY, LOCATED ON
          THE SOUTH SIDE OF U.S. HIGHWAY 380 (UNIVERSITY
          DRIVE) AND APPROXIMATELY 150 FEET EAST OF
          CUSTER ROAD, IS REZONED FROM “PD” – PLANNED
          DEVELOPMENT DISTRICT TO “PD” – PLANNED
          DEVELOPMENT DISTRICT, GENERALLY TO ADD
          ADDITIONAL FUELING STATIONS AND TO MODIFY
          OTHER DEVELOPMENT STANDARDS; PROVIDING FOR
          SEVERABILITY; PROVIDING FOR INJUNCTIVE RELIEF,
          PROVIDING FOR NO VESTED INTEREST; PROVIDING
          FOR THE PUBLICATION OF THE CAPTION OF THIS
          ORDINANCE; PROVIDING FOR A PENALTY FOR THE
          VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR
          AN EFFECTIVE DATE HEREOF

      Mayor Whitfield called for City Council and City Manager Comments.

      Council member Ricchi thanked Council for their efforts tonight. And we

are all here for the same purpose and the children are a big part of that. As with

all Council items, we encourage the public to get involved. Tonight we have

demonstrated we are open, accessible, and we listen to the citizens. “It is your

process and we are here to represent you.” Mr. Ricchi announced that Raytheon

in McKinney received 2 new contracts for $163,500,000 to provide upgrades to

the Bradley fighting vehicles. Mr. Ricchi congratulated Manor Plastics for having

revenues of $34,000,000 and for the new acquisition of PVC Compounders that

have locations in El Paso and Cannonville, Indiana. Mr. Raj Bhargava, President

of Manor Plastics is moving them here and they will be hiring 12 new people.

Mr. Ricchi announced that the Heard Museum has a new ropes course as well as

Night Hikes. They will also be holding their 3rd annual Green Living Festival in

May. Mr. Ricchi stated that the PRIL Committee, that is a joint venture between

the City and Chamber, has been busy watching the legislation in Austin. They

have approved support of a Transportation bill and a bill for tax exemptions for

Non-Profit Agencies.    We are also supporting a measure to keep the revenue

from tolling Highway 121 to stay in Collin County and help fund U.S. 75.      Mr.

Ricchi announced that the McKinney Performing Arts Center received an award

for the Labor Day event – Arts on the Lawn. Mr. Ricchi thanked City Manager

Ragan and his staff for doing a great job.
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -13-

       Council member Ussery stated that he attended the Housing Authority

meeting the other night and they are doing a great job.

       Council member Huff stated that meetings like tonight illustrated a number

of things about McKinney: We have Staff that is very competent on traffic issues

and putting them to the test and educating the Council on the reasons behind

what they do, we have Citizens looking at their local issues that are very real and

they don’t realize that their issues are replicated 50 times around the city. “I think

tonight it is a great example of Council working out issues and trying to do what

is right and balancing the issues as best we can. I am proud of the Council, the

citizens, and staff. This is city government at its best.” Mr. Huff stated that he is

glad to have airport strategic plan approved and that there is more work behind it

than you realize. Mr. Huff stated that as a preview of things to come there are a

lot of traffic and school issues. There is always a challenge for the locals who do

not have kids in school and those that have kids and are trying to get them to

school.

       Council member Kever stated that she appreciates the opportunity tonight

to engage the public as we consider everything from a new government center to

safety issues. “I look at these days and the economies we are facing as

individuals and as a city, I am appreciative of the efforts that our City staff is

making and specifically those citizens that are involved in our boards and

commissions.” Tonight the Council accepted a strategic planning report from the

McKinney    Airport   Development     Corporation.    The   McKinney     Community

Development Corporation is engaging in a retreat to revisit their strategic plan.

And Planning and Zoning Commission is planning a retreat. There is a common

theme going on now as a City and among our Boards and Commissions during

this downturn we are doing the right thing and stopping to plan and rechart our

course for the future. “I hope we are leaner and meaner and more efficient

because of it.” Ms. Kever wished everyone a Happy Easter.

       Council member Garza congratulated Mr. McKissick and Mr. Dugan for

their appointments tonight.     Ms. Garza announced that the Mayor signed a

proclamation for Community Services Month.              The Community Services
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -14-

Department is having an open house on April 16th.         Ms. Garza stated that the

Community Services Department offers a lot of resources that will be available

during the open house.     Ms. Garza gave a shout to Kelsey at Valley Creek

Elementary School.     Kelsey drew a picture of my special needs granddaughter

Isabel and sent it home. Ms. Garza thanked Valley Creek Elementary School for

being so accepting of Isabel.

       Mayor Pro-Tem Cox thanked the families and parents who were here

tonight to participate in the process. “We don't always have to agree on the

results.”   We appreciate you taking the time out of your lives to be here rather

than being home doing other things. Mr. Cox stated that he sincerely keeps Mrs.

Nelson in his prayers as others do. We pray for you and your family and the

health of your son.     Mr. Cox expressed his appreciate to Mr. Ricchi.        “We

sometimes laugh at you but we always respect you.”          Mr. Cox expressed his

appreciation to City Staff for what you do as well. “You continue to go over and

above especially on items like tonight.”   Mr. Cox stated that Chief Kowalski and

his staff go over and above on these traffic issues.       Mr. Cox announced that

Community Development Manager Sam Chavez is moving on to a position with

the City of Richardson. He has done a wonderful job and we appreciate his

commitment to the City of McKinney and Richardson will be a better place for

having him.

       Mayor Whitfield thanked the Council for doing a good job tonight. You

have proved tonight that you are qualified to making good sound decisions that

were truly justified. Mayor Whitfield stated that he had a call last week from the

U.S. Conference of Mayors’ Energy and Efficiency Department for recognition of

McKinney's effort with $1,070,500 for efforts in sustainable development. Mayor

Whitfield applauded the effort of the City going Green.

       City Manager Ragan stated that Council member Ricchi did an

outstanding job representing your constituents. The conversation was admirable

between Council members, Staff, and all the people who took the time to come

out tonight. Mr. Ricchi you have created a much bigger blip on the radar screen

and it has heightened the awareness for all of the school zones around the city.
MCKINNEY CITY COUNCIL MINUTES
APRIL 7, 2009
PAGE -15-

It was a good process and I am proud to be a part of this group. You have

shown a lot of thought and due diligence wading through a very difficult issue for

which there was no single right answer. Mr. Ragan recognized Council member

Garza and Mayor Pro-Tem Cox for their birthdays this week.

      Mayor Whitfield called for Citizen Comments.

      Ms. Carlene Lauer, 5609 Hillview Court, McKinney spoke about the

Wolford School zone and the fact that there are no crossing guards for the kids.

      Council unanimously approved the motion by Council member Ussery,

seconded by Council member Huff, to adjourn. Mayor Whitfield adjourned the

meeting at 8:25 p.m.




                                         ____________________________
                                         BILL WHITFIELD, Mayor


ATTEST:



_____________________________
SANDY HART, TRMC, MMC
City Secretary

				
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