City Council Minutes of 010797

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					       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;

Section 551.074 – Discuss Personnel Matters; and Section 551.087 – Discuss
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -2-


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

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

             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
                                                                                 06-319
28, 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:

           AN ORDINANCE OF THE CITY OF MCKINNEY, TEXAS,
           REPEALING ARTICLE X OF CHAPTER 20, “CURFEW FOR
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -3-


          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
          IMPROVEMENTS PROGRAM; AND PROVIDING FOR AN
          EFFECTIVE DATE HEREOF

[Ordinance No. 2006-06-069]
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -4-



            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

Facilities Agreement Regarding the Approximately 388 Acres of Land Situated at

the Northeast Corner of Custer Road (FM 2478) and Future Bloomdale Road.
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -5-


      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

to September 1st. 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

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      06-335

Election of Mayor Pro Tem.          Council unanimously approved the motion by
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -6-


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

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
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -7-


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

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
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -8-


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,

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
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -9-


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 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
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -10-


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 conform to the requirements of the City of McKinney sign

ordinance except as specified in the requirements included in Exhibit “G”.

Caption reads as follows:

          AN ORDINANCE AMENDING ZONING ORDINANCE NO.
          1270 OF THE CITY OF MCKINNEY, TEXAS; SO THAT AN
          APPROXIMATELY 88 ACRE TRACT, LOCATED AT THE
          NORTHEAST CORNER OF U.S. HIGHWAY 75 AND SPUR
          399, IS REZONED FROM “PD” – PLANNED
          DEVELOPMENT DISTRICT TO “PD” – PLANNED
          DEVELOPMENT DISTRICT IN ORDER TO MODIFY USES
          AND    DEVELOPMENT     STANDARDS;     PROVIDING
          REGULATIONS; 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
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -11-



[Ordinance No. 2006-06-070]

      Mayor      Whitfield     called    for     a    Public     Hearing      for
                                                                                    06-336
Consideration/Discussion/Action on the Request by DRHI, Inc., on Behalf of          PH

Hank Haney Golf Course, for Approval of a Request to Rezone Approximately

55.95 Acres from “AG”-Agricultural District to “PD”-Planned Development District

for Townhome and Single-Family Residential Uses, Located on the Northeast

Corner of Custer Road and Future Silverado Trail, and Accompanying

Ordinance. Assistant Director of Planning Melissa Henderson stated that the

applicant is requesting to rezone the subject property from “AG” – Agricultural

Uses to a Planned Development District for single-family residential uses and

townhomes.    Ms. Henderson stated that the subject property is currently in

operation as the Hank Haney Golf Course. Ms. Henderson stated that Staff is

recommending approval of the proposed rezoning request with the special

ordinance provisions listed in the staff report. Mr. Pete Petsche, 2600 Eldorado

Parkway, Suite 240, McKinney, Texas, explained the proposed rezoning request.

He stated that he is requesting a rezone for the Hank Haney Golf Course from

“AG” – Agricultural District to “PD” – Planned Develop District for townhomes and

single-family residential uses. Mr. Petsche stated that the staff requested a

general development plan and they wanted to make sure that the intent of the

Regional Employment Center (REC) and traditional neighborhood design (TND)

is met. Mr. Petsche stated that there will be 289 single family attached homes

on the west side of the creek and 63 single family detached homes on the east

side of the creek.        Mr. Petsche stated that he concurs with Staff’s

recommendations.     Mayor Whitfield called for public comment.        Mr. Jerry

Sanders, 10150 Barton Circle, Frisco, Texas, stated that he is in opposition to

this item. Mr. Sanders stated that he is concerned about the traffic safety and

the aesthetics and he is asking the City Council to consider changes that would

address his concerns. He stated that his concerns relate to the traffic along

Custer Road. Mr. Sanders stated that the development provides limited access

to the east from the northwest corner of the development and also to the west
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -12-


since the adjacent Custer Creek subdivision to the west has no other road

connections other than its access to Custer Road. He stated that traffic lights on

this corner would be governed by State regulations since this is a State owned

road. Mr. Sanders stated that it is unlikely that the traffic will ever justify a light

based upon the State traffic requirements for a signal. He stated that in order to

keep this intersection safe, he is asking that the City Council to consider

requiring a decel lane along the northern side into the development.               Mr.

Sanders stated that the adjacent property owners have concerns about windows

facing out onto their property, and a single story development would eliminate

this problem. Mr. Petsche stated that they will perform a traffic analysis and that

they would agree to a 40 foot landscape and screening buffer.                 Council

unanimously approved the motion by Council member Helsley, seconded by

Mayor Pro-Tem Loughmiller, to close the public hearing and approve the

Ordinance with the following special ordinance provisions: Addition of a 40 foot

landscape and screening buffer to be added; the townhome portion of the

subject property be rezoned in accordance with Section 41-27 - RG 27 General

Residence Townhome District Regulations of the City of McKinney Zoning

Ordinance and develop in accordance with the townhome regulations set forth in

the REC – Regional Employment Center District, except as follows: the subject

property generally develop according to the attached general development plan,

three unit buildings be permitted, the minimum lot area be 1,782 square feet, the

side yard at the end of a row of units be a minimum of 5’, the maximum lot

coverage be 85%; the single family detached portion of the subject property be

rezoned in accordance with Section 41-68 – RS 60 Single Family Residence

District Regulations of the City of McKinney Zoning Ordinance and develop in

accordance with the single family detached regulations set forth in the REC –

Regional Employment Center District, except as follows: the subject property

generally develop according to the attached general development plan, no

maximum lot area be required, parking within the front yard setback be permitted

on a paved surface, as shown by the details on the general development plan; a

40’ landscape buffer be provided along Custer Road; and the subject property
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -13-


develop in accordance with the REC – Regional Employment Center Guidelines.

Caption reads as follows:

           AN ORDINANCE AMENDING ZONING ORDINANCE NO.
           1270 OF THE CITY OF MCKINNEY, TEXAS; SO THAT AN
           APPROXIMATELY 55.95 ACRE TRACT LOCATED AT THE
           NORTHEAST CORNER OF SILVERADO PARKWAY AND
           CUSTER ROAD, IS REZONED FROM “AG” –
           AGRICULTURAL DISTRICT, TO “PD” – PLANNED
           DEVELOPMENT DISTRICT FOR TOWNHOMES AND
           SINGLE FAMILY RESIDENTIAL USES; PROVIDING
           REGULATIONS; 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

[Ordinance No. 2006-06-071]

      Council member Cox returned to the dais.

      Mayor      Whitfield    called      for    a   Public   Hearing    for
                                                                               06-223
Consideration/Discussion/Action on the Request by Abernathy, Roeder, Boyd &    PH

Joplin, on Behalf of TKA Land Company, Inc., for Approval of a Request to

Annex 195 Acres, Located East of FM 2478 (Custer Road) and North of CR 123

(Bloomdale Road), and Accompanying Ordinance. Assistant Planning Director

Melissa Henderson stated that this is the final hearing on the proposed

annexation. Mr. Bob Roeder, 1700 Redbud, Suite 300, McKinney, spoke on

behalf of the applicant TKA Land Company, Inc. Mr. Roeder stated that he has

delivered an executed Facilities Agreement to City Staff for this annexation

request.   Mayor Whitfield called for public comment and there was none.

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

seconded by Council member Vitz, to close the public hearing and approve the

Ordinance annexing 195 Acres, located east of FM 2478 (Custer Road) and

north of CR 123 (Bloomdale Road). Caption reads as follows:

           AN ORDINANCE ANNEXING CERTAIN TERRITORIES TO
           THE CITY OF McKINNEY, TEXAS; PROVIDING FOR THE
           PUBLICATION OF THIS ORDINANCE AND PROVIDING
           FOR AN EFFECTIVE DATE THEREOF

[Ordinance No. 2006-06-072]

      Council member Cox left the dais.
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -14-


        Mayor     Whitfield     called     for    a      Public     Hearing      for
                                                                                       06-337
Consideration/Discussion/Action on the Request by Abernathy, Roeder, Boyd,             PH

and Joplin, PC, on Behalf of TKA Land Company, Inc., for Approval of a Request

to Rezone 193 Acres from “AG” – Agricultural District to “PD” – Planned

Development District Generally for Single-Family, Townhome, and Retail Uses,

and a Request to Zone 195 Acres to “PD” – Planned Development District

Generally for Single-Family, Townhome, and Retail Uses, Located East of FM

2478 (Custer Road) and North of CR 123 (Bloomdale Road), and Accompanying

Ordinance. Assistant Director of Planning Melissa Henderson stated that the

applicant is proposing two requests. Ms. Henderson stated that this application

is to zone approximately 399 acres; 193 acres are already in the City limits and

195 acres that were approved for annexation in the previous agenda item. Ms.

Henderson stated that Staff is recommending approval of the proposed zoning

request with the special ordinance provisions listed in the staff report. Applicant,

Mr. Bob Roeder, 1700 Redbud Boulevard, Suite 300, McKinney, Texas,

explained the proposed rezoning request. Mr. Roeder stated that they plan to

locate the neighborhood business component at the northwest intersection of

future Stonebridge Drive and Bloomdale Road and the commercial they plan to

locate at the intersection of Custer Road and Bloomdale Road. Mr. Roeder

stated that he concurs with Staff’s recommendations and they recognize the

7,200 square foot mean and median lot sizes for the single-family residence

districts.   Mayor Whitfield called for public comment and there was none.

Council unanimously approved the motion by Council member Helsley,

seconded by Council member Vitz, to close the public hearing and approve the

Ordinance rezoning 193 acres from “AG” – Agricultural District to “PD” – Planned

Development District generally for Single-Family, Townhome, and Retail Uses,

and a request to zone 195 Acres to “PD” – Planned Development District

generally for Single-Family, Townhome, and Retail uses, located east of FM

2478 (Custer Road) and north of CR 123 (Bloomdale Road) with the following

special ordinance provisions: the 195 acres located within the City of McKinney

ETJ be legally annexed into the City of McKinney; the subject property develop
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -15-


according to the attached general development plan, Exhibit “B”; Multi-family be

a non-allowed use for all tracts on the subject property; the RS-80 district

develop according to the “RS-84” – Single Family Residence District standards,

except that the minimum lot area be 8,000 square feet; the mean and median lot

sizes for the single-family residence districts shall be a minimum 7,200 square

feet; the maximum allowed density for the single-family residence districts shall

be 3.2 dwelling units per acre. This density may be increased to a maximum 3.4

dwelling units per acre if Staff determines that the preliminary-final plat meets the

“Design for Density” criteria in the Comprehensive Plan.          Caption reads as

follows:

           AN ORDINANCE AMENDING ZONING ORDINANCE NO.
           1270 OF THE CITY OF MCKINNEY, TEXAS; SO THAT AN
           APPROXIMATELY 193 ACRE TRACT LOCATED EAST OF
           CUSTER ROAD AND NORTH OF BLOOMDALE ROAD IS
           REZONED FROM “AG’ – AGRICULTURAL DISTRICT TO
           “PD” – PLANNED DEVELOPMENT DISTRICT GENERALLY
           FOR SINGLE-FAMILY, TOWNHOME, AND RETAIL USES,
           AND AN APPROXIMATELY 195 ACRE TRACT LOCATED
           EAST OF CUSTER ROAD AND NORTH OF BLOOMDALE
           ROAD IS ZONED “PD” – PLANNED DEVELOPMENT
           DISTRICT    GENERALLY     FOR    SINGLE-FAMILY,
           TOWNHOME,     AND    RETAIL   USES;   PROVIDING
           REGULATIONS; 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

[Ordinance No. 2006-06-073]

       Mayor      Whitfield     called     for     a     Public      Hearing      for

Consideration/Discussion/Action on the Request by Don Paschal Consulting, on            06-338
                                                                                        PH
Behalf of Harbor Retirement Assoc., LLC and Kenneth Mitchell, for Approval of a

Request to Rezone Approximately 15.2 Acres, From “PD” Planned Development

District to “PD” Planned Development District in Order to Adjust the Required

Landscape Buffer, Located on the North Side of Plateau Drive, on the East Side

of Country View Lane, Approximately 700 Feet East of McDonald Street, and

Accompanying Ordinance.        Assistant Planning Director Melissa Henderson

stated that the applicant is requesting to rezone approximately 15.2 acres from

“PD” – Planned Development District to a “PD” – Planned Development District
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -16-


in order to adjust the required landscape buffer and the required screening

device between the proposed Harborchase assisted living/nursing home facility

and the existing Country Lane Seniors Apartment Complex.           Ms. Henderson

stated that Staff is recommending approval of the proposed rezoning request

with the special ordinance provisions listed in the staff report. Applicant, Mr. Don

Paschal, 904 Parkwood Court, McKinney, Texas, gave a power point

presentation, explaining the proposed rezoning request. Mr. Paschal stated that

the requested change is to adjust the required landscape buffer on the east side

of Lot 3R, Block A, which is the lot immediately north of Plateau Drive and

immediately west of the Lot 1, Block A on which the original Country Lane Senior

Living Complex is located. He stated that the subject property has been zoned

to allow an assisted living center which will complement the already existing

senior residential projects.   Mr. Paschal stated that the zoning provisions as

originally approved requires a 30 foot landscape buffer between residential and

non-residential uses that are not separated by a public street.        Mr. Paschal

stated that he is requesting to modify the current zoning to allow the uses to be

developed with a 10 foot landscape buffer separating the proposed assisted

living center to be built on Lot 3R from the existing senior multi-family complex

on Lot 1, with the condition of adding additional trees. Mr. Paschal stated that as

part of this consideration, it is proposed that the volume of trees be increased by

50 percent creating a more intensive landscape buffer and serving as a

complement to the tree grove which is preserved on the south side of Plateau

Drive. Mayor Whitfield called for public comment and there was none. Council

unanimously approved the motion by Council member Huff, seconded by Council

member Garza, to close the public hearing and approve the rezoning request for

approximately 15.2 acres, from “PD” Planned Development District to “PD”

Planned Development District in order to adjust the required landscape buffer,

located on the north side of Plateau Drive, on the east side of Country View

Lane, approximately 700 Feet East of McDonald Street with the following special

ordinance provisions: the subject property conform to PD Ordinance 99-01-09,

and as amended, except as follows: the landscape buffer between the existing
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -17-


Country Lane Seniors Apartment Complex and the proposed Harborchase site

shall be as shown on the attached Exhibit “B” and Exhibit “C”; the existing

wrought iron fence with masonry columns located along the western property line

of the Country Lane Seniors Apartment Complex shall serve as the screening

device between it and the proposed Harborchase facility.         Caption reads as

follows:

           AN ORDINANCE AMENDING ORDINANCE NO. 99-01-09,
           AND AS AMENDED, OF THE CODE OF ORDINANCES OF
           THE CITY OF MCKINNEY, TEXAS; SO THAT AN
           APPROXIMATELY 15.2 ACRE TRACT GENERALLY
           LOCATED ON THE NORTH SIDE OF PLATEAU DRIVE
           AND ON THE EAST SIDE OF COUNTRY VIEW LANE
           APPROXIMATELY 700 FEET EAST OF MCDONALD
           STREET IS REZONED FROM “PD” – PLANNED
           DEVELOPMENT DISTRICT TO “PD” – PLANNED
           DEVELOPMENT DISTRICT IN ORDER TO ADJUST THE
           REQUIRED    LANDSCAPE     BUFFER;    PROVIDING
           REGULATIONS; 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

[Ordinance 2006-06-074]

       Mayor      Whitfield    called     for     a     Public     Hearing      for
                                                                                      06-339
Consideration/Discussion/Action on the Request by Don Paschal Consulting, on          PH

Behalf of Harbor Retirement Association., L.L.C., for Approval of a Site Plan for a

73,972 Square Foot Assisted Living Facility, 3.09 Acres, Located on the North

Side of Plateau Drive Approximately 700 Feet East of McDonald Street.

Assistant Director of Planning Melissa Henderson presented the site plan

request that was associated with the previous zoning request. Ms. Henderson

stated that the are several conditions of approval that are minor in nature except

item number 3 that requires the applicant to provide a 20 foot landscape buffer

along Plateau Drive. Mr. Don Paschal, 904 Parkwood Court, McKinney, Texas,

gave a power point presentation, explaining the proposed site plan. Mr. Paschal

stated that he is requesting two variances to the landscape set backs; the first is

the front landscape setback which he has set at the required 20 feet except for

the identified four handicap parking spaces which will allow the handicap
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -18-


residents and guests can have closer access to the front door.       He stated that

without extra front landscape areas, he believes there is more square footage of

landscape space than a strict 20 foot measurement would require. He stated that

with the associated zoning request, he is proposing a 10 foot side yard between

the assisted living center and the multi-family complex. Mr. Paschal stated that

the Country Lane owner, Ken Mitchell, is supportive of the associated rezoning

request for a 10 foot separation and he believes that the 10 foot separation will

help unify the overall blending of the uses. Mr. Paschal stated that he concurs

with Staff’s recommendations with the exception of condition 3 listed in the staff

report. Mayor Whitfield called for public comment and there were none. Council

unanimously approved the motion by Council member Huff, seconded by Council

member Garza, to close the public hearing and approve the site plan for a

73,972 square foot Assisted Living Facility, 3.09 acres, located on the north side

of Plateau Drive approximately 700 feet east of McDonald Street with the

following conditions: the applicant receive approval of the associated rezoning

request; prior to issuance of a building permit; the applicant submit to the

Director of Planning a letter from the owner of the Autumn Leaves property. This

letter shall state that the owner of the Autumn Leaves property is in agreement

with the applicant’s proposal to not provide cross access; an amending plat to

combine the three existing lots and dedicate easements necessary for this

development be submitted, approved, and filed for recordation; the applicant

submit a lighting plan in full conformance with Section 41-206 of the Zoning

Ordinance, subject to review and approval by the Director of Planning; the

applicant submit a tree survey to identify the species and caliper size of all

existing trees, subject to review and approval by the City Arborist; the applicant

revise the landscape plan to include the species, size, spacing, and quantities of

all proposed plant materials in tabular form; the applicant revise the landscape

plan to verify and show compliance with the requirement that at least 15% of the

street yard will be maintained in permanent landscape area and that at least

10% of the entire site will be devoted to living landscape; the applicant revise the

landscape plan to verify and show compliance with the requirement to have at
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -19-


least one approved hardwood tree (minimum 7’ tall and 3’’ caliper) for every 40

linear feet of street frontage; the applicant revise the landscape plan to comply

with the requirement to have at least one tree at the end of every parking row;

the applicant revise the landscape plan to verify and show compliance with the

requirement to have one tree within 65’ of every parking space and with the

requirement to have one tree planted in the parking area for every 10 parking

spaces; the applicant revise the landscape plan to show compliance with the

requirement to have evergreen shrubs (acceptable for a 6’ screening) provided

around all 3 sides of the dumpster enclosure screening wall; the applicant revise

the landscape plan to remove the strip of burford hollies currently located at the

eastern most driveway; and the applicant satisfy the following conditions shown

on the Standard Conditions for Site Plan Approval Checklist:         Approval of

building permit plans by the Chief Building Official, approval of architectural

building elevations, in accordance with Ordinance No. 2000-09-063, by the Chief

Building Official, approval of grading and drainage plans by the City Engineer,

approval of public improvement construction plans by the City Engineer,

approval of utility construction plans by the City Engineer, approval of a final

landscape plan, including irrigation, by the Director of Planning, payment of

impact fees in accordance with Ordinance 2003-05-056 (utilities) and 2003-05-

055 (roadway), and as amended, or as specified within an approved facilities

agreement or development agreement, the associated plat for the subject

property be filed for record with the county clerk, all signage is to comply with

the current Sign Ordinance of the City of McKinney, and as amended. Final

location of all signage, as well as the dimension and construction specifications,

be subject to review and approval by the Chief Building Official, under separate

permit, final location of fire hydrants are subject to review and approval by the

Fire Marshal.   Fire hydrants and fire lanes shall be 100% constructed and

operational prior to vertical construction, the applicant provide any additional

easements as determined necessary by the City Engineer, the applicant comply

with the requirements of the Tree Preservation Ordinance and obtain any
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -20-


necessary tree permits within the time frames specified within the Ordinance,

subject to review and approval by the City Arborist.

       Mayor       Whitfield     called     for     a     Public     Hearing       for
                                                                                         06-340
Consideration/Discussion/Action on the Request by JLR Insurance and Financial            PH

Service, LLC, for Approval of Request to Rezone Approximately 0.107 Acres

From “BG” – General Business District to “PD” – Planned Development District

Generally for Auto Sales, Located on the South Side of Louisiana Street

Between McDonald Street and Chestnut Street, and Accompanying Ordinance.

Assistant Director of Planning Melissa Henderson stated that the property is

currently zoned “BG” – General Business District, which does allow auto sales by

right. She stated that the property has been vacant and in order to obtain a

Certificate of Occupancy, the applicant was required to submit a site plan

application. Ms. Henderson stated that because of the location and given that

the building and canopy are existing there are numerous development standards

of the Zoning Ordinance that the applicant was unable to meet. She stated that

the applicant has submitted a zoning request which has a site plan attached

showing how the site will generally develop. Ms. Henderson stated that Staff

struggled with this item because they don't want to hold up development to have

the town center study.     Ms. Henderson stated that the Staff is recommending

approval of the proposed rezoning request with the special ordinance provisions

listed in the staff report.    Council member Vitz stated that Highway 5 is a

gateway to McKinney along Highway 5.              Ms. Henderson stated that the

downtown study will take approximately 1 to 1.5 years to complete. Mayor Pro-

Tem Loughmiller voiced his concerns about not wanting to stand in the way of

developing property but the City is also funding a study and this would

predispose the outcome of the study. Mr. Loughmiller stated that the study is

going to look at many issues - this is one of the issues – and the gateway to the

historic district and downtown McKinney. Council member Helsley stated that

this property is not conducive for a car lot. This is a property that is old and it is

essentially in our downtown area and has to develop and go through the same

process including meeting the landscape and parking requirement. Mr. Helsley
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -21-


stated that he is not saying you can't use this property but it can't meet site plan

requirements. Mayor Pro-Tem Loughmiller voiced his concerns that the City is

approving $250,000 for a study and then we will be in a race between

development and completing the study. Council member Huff stated that he will

have a hard time approving used car sales but he didn't want to tie up the

property for 18 months. Mr. Huff stated that he thinks it is an inappropriate use

of the property and not in the spirit of what we need to do in downtown

McKinney. Council member Garza stated that she is opposed to a used car lot

and is concerned with returned cars, parts, used tires, etc. Ms. Garza stated that

she hopes the applicant will apply for another business at that location. Mayor

Whitfield stated that the Craig Ranch study took 9 months at a cost of $250,000

and the community was engaged in the process.         Mr. Whitfield stated that the

City needs to spend $250,000 for a study to look at Highway 5 as a major entry

way into the city with the possibility of getting DART. Applicant, Ms. Sherry Geer

Williams, 1512 West University, Suite 300, McKinney, Texas, explained the

proposed rezoning request. Ms. Williams stated that the applicant plans to use

this site as it was originally used and that only auto sales will be allowed. She

stated that there will be no mechanical repairs and no overnight storage with the

proposed development. Ms. Williams stated that they will have 5 parking spaces

which is the required parking for the size of the site. Ms. Williams stated that

there won't be any car repairs on this site. The person who will be using this site

will have to do repairs elsewhere.       Mayor Pro-Tem Loughmiller asked the

applicant if they would be opposed to tabling this item to allow time for further

discussion on uses that would be more appropriate. Mr. Joe L. Reyes, 2201 N.

Central Expressway, Suite 114, Richardson, stated that he was told it was the

use was okay on this property and that is why he purchased the property. Mr.

Reyes stated that he has done what they were asked to do. Mr. Reyes has

agreed to table this item at this time. Mayor Whitfield called for public comment.

The following individuals spoke against the zoning change:

       Ms. Nita Horn, 3191 Medical Center Drive, McKinney

       Mr. Tom Meredith, 7217 Verde Way, McKinney
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -22-


Council unanimously approved the motion by Council member Huff, seconded by

Council member Vitz, to table this item indefinitely.

        Council member Bill Cox returned to the dais.

        Mayor Whitfield called for Consideration/Discussion/Action on Authorizing

the City Manager to Execute a Master Developer Agreement with McKinney                06-341

Shores Properties, Inc. and the McKinney Economic Development Corporation

pursuant to Chapter 380 of the Texas Local Government Code. City Attorney

Mark Houser presented the request to execute a Master Developer Agreement.

Council unanimously approved the motion by Council member Helsley,

seconded by Council member Huff, to authorize the City manager to execute a

Master Developer Agreement with McKinney Shores Properties, Inc. and the

McKinney Economic Development Corporation pursuant to Chapter 380 of the

Texas Local Government Code.

        Mayor Whitfield called for City Council comments.

        Council member Cox stated that it is an honor to serve on this group. Mr.

Cox directed the citizens to be aware that kids are out of school and be careful

traveling. Mr. Cox wished everyone who is traveling this summer a safe trip

home.

        Council member Vitz stated that it was good to be able to hand out

certificates to the Police Department tonight. Mr. Vitz stated that he is going to

miss Scott Lewis.

        Council member Helsley welcomed Bill Cox to the Council and that he will

enjoy working with him. Mr. Helsley commented about water restrictions that we

decided to impose on McKinney residents.            Mr. Helsley stated that it is

impossible for the NTMWD or this Council to come up with a plan to cut back on

water use that will work for everyone. Mr. Helsley stated that he has heard from

many individuals in the community and that certain elements won't work for them

and he is sensitive to them. Mr. Helsley stated that we are reacting to a situation

and while we are in the midst of this situation we need to landscape our homes

and try to make them look pretty. Mr. Helsley stated that there are people at the

Heard Museum, an Arborist who works for the City, as well as a landscape
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -23-


planner that works in development services who know a lot about landscaping.

Mr. Helsley stated that we need to get proactive and future homeowners and

developers need to use these asset to come up with some information that

citizens and developers can use when they landscape their properties that don't

need as much water such as native plants that are used to this climate.

       Council member Huff welcomed Mr. Cox and stated that he got off a little

easy tonight in the back room after working on many of these items while serving

as Chairman of the Planning & Zoning Commission.           Mr. Huff commented on

the grand opening for Cooper Aerobics Center that was held last Saturday. Mr.

Huff stated that he was very impressed with the quality, equipment, arrangement

and the over 600 people who work for Cooper Clinics and are going to make a

major impact on people's lives, especially for McKinney. Mr. Huff stated that he

has been encouraged by our citizens’ attitude toward the water situation and

understanding what are the rules and what is appropriate.       Mr. Huff stated that

Frequently Asked Questions that was put out by the city is really great and

should be sent to all Home Owner’s Association (HOA) emails. Mr. Huff stated

that there was an issue with a Home Owners Association in District 2 that has a

problem with the trash ordinance. Mr. Huff stated that they are not against it but

they have rear entry garages and the ordinance was written for everybody who

has front trash service. Mr. Huff stated that this group would like the City to write

some rules that will look at ordinance so that it will cover rear pick up alley type

pickup. Mr. Huff stated that the whole effort of this want is so the HOAs can

enforce their citizens to comply with the ordinance. Mr. Huff encouraged staff to

work on this.

       Council member Garza stated that it was nice tonight that we recognized

several of our servicemen who are on Police Department. Ms. Garza welcomed

back a co-worker from Iraq, Rick Overland. Ms. Garza thanked Mayor Pro-Tem

Loughmiller for attending the 7:00 a.m. Habitat Blitz. Ms. Garza thanked all the

volunteers from the North Texas Job Corps as well as lots of other volunteers

who helped out.      Ms. Garza welcomed Mr. Cox and stated “don't forget mi

amigo, Mr. Lewis”.
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -24-


       Mayor Pro-Tem Loughmiller thanked the Council for allowing him to serve

again as Mayor Pro-Tem for last year and next year. Mr. Loughmiller stated that

he has helped Mayor Whitfield work on Regional transportation issues, FAA, and

ran the 10K in Austin where he met with the Governor of Texas. Mr. Loughmiller

stated that the most enjoyable part of being Mayor Pro-Tem is participating with

Kid Council for 3rd graders. Mr. Loughmiller thanked all the volunteers who

worked on the Habitat Blitz to build six houses in a week which will make a total

of 34 houses built by Habitat in Northern Collin County and 400 houses

nationwide during this Blitz.   Mr. Loughmiller stated that he has received emails

and calls regarding the water restrictions. Mr. Loughmiller stated that we have

retired people who leave town for extended periods of time during the summer

months. They want to know what happens when they are gone. Mr. Loughmiller

stated that some of the issues that we need to see how they fit in with the

restrictions. Mr. Loughmiller stated that one gentleman doesn't have a pool but

has a waterfall and our ordinance does not allow for these during Stage 3.

       Mayor Whitfield stated that the Council has covered most of his items.

Mr. Whitfield thanked the service personnel including those that are employees

of the city, for protecting this country – “we owe a lot to them”. Mr. Whitfield

described the Memorial Day services that were held at the Pecan Grove

Cemetary and was attended by close to 800 people. Mr. Whitfield stated that the

Boy Scouts had a cobbler contest where the kids made cobbler just like

Grandma made on Sunday. Mr. Whitfield thanked Mr. James West and Boy

Scouts for their participation and McKinney Independent School District for

allowing 30-40 middle schools students to attend and play the music for the

services. Mr. Whitfield stated that Mr. Harry McKillop’s daughter did a fly over in

a Spearman Plane.        Mr. Whitfield thanked the citizens of McKinney for

understanding where we are and what we are trying to do with the water

restrictions.

       Mayor Whitfield called for City Manager comments.

       City Manager Larry Robinson welcomed Bill Cox to the Council and stated

the Staff is looking forward to working with him.
MCKINNEY CITY COUNCIL MINUTES
JUNE 6, 2006
PAGE -25-


      Mayor Whitfield called for action on any items from Executive Session.

Council unanimously approved the motion by Council member Helsley,

seconded by Council member Huff, to appoint Mr. Lance Lindsay to the

unexpired term of Bill Cox on the Planning and Zoning Commission.

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

seconded by Council member Helsley, to appoint Bill Vitz to replace Mr.

Loughmiller on the McKinney Community Development Corporation, to appoint

Bill Cox to replace Scott Lewis on the McKinney Community Development

Corporation, and to appoint Brian Loughmiller as Council Liaison on the Tourism

Services Advisory Board.

      Mayor Whitfield called for Citizen Comments.

      Mr. W. A. Richardson, 202 S. Bass Street, McKinney congratulated all of

Council members who completed a successful campaign.            Mr. Richardson

thanked the City Manager and staff for the successful bond package that will

help with the growth of our community. Mr. Richardson expressed his thaks for

the $3.5 million dollars allocated in the bond election for tennis facilities. Mr

Richardson suggested that when the tennis facility gets completed he would like

to suggest naming the facility for Mr. Mahlke who served on Parks and

Recreation Board.

      Mayor Whitfield adjourned the meeting at 8:35 p.m.




                                     __________________________________
                                      BILL WHITFIELD
                                      MAYOR



ATTEST:



SANDY HART, CMC, CITY SECRETARY

				
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