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City Council Regular Meeting

Regular Meeting

McKinney, TX · August 3, 2015

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Minutes

CITY OF McKINNEY, TEXAS Minutes - Final Monday, August 3, 2015 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final August 3, 2015 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Senior Pastor Tommy Brumett, First United Methodist Church of McKinney INFORMATION SHARING National Night Out Proclamation CITIZEN COMMENTS EXECUTIVE SESSION In Accordance with the Texas Government Code: A. Section 551.071 (2). Consultation with City Attorney on any Work Session, Special or Regular Session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said items (as needed) and legal consultation on the following item(s), if any. • Statutory, constitutional and Charter/ordinance requirements for establishing certain boards/commissions, including their City Council-delegated authorities and duties B. Section 551.074 Discuss Personnel Matters • City Manager Transition C. Section 551.087 – Discuss Economic Development Matters • Project A131 – Project Silver Fox CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final August 3, 2015 CONSENT AGENDA A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this be Approved . The motion carried by the following vote. These items consist of non-controversial or housekeeping items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. MINUTES Minutes of the City Council Work Session of July 20, 2015 This that this Minutes be Approved by consent roll call Minutes of the City Council Regular Meeting of July 21, 2015 This that this Minutes be Approved by consent roll call Minutes of the City Council Work Session of July 27, 2015 This that this Minutes be Approved by consent roll call Minutes of the Board of Adjustment Special Meeting of May 6, 2015 This that this Minutes be Approved by consent roll call Minutes of the Library Advisory Board Meeting of May 21, 2015 This that this Minutes be Approved by consent roll call Minutes of the McKinney Airport Development Corporation Meeting of May 21, 2015 This that this Minutes be Approved by consent roll call Minutes of the McKinney Arts Commission Meeting of April 16, 2015 This that this Minutes be Approved by consent roll call Minutes of the McKinney Community Development Corporation Special Meeting on June 18, 2015 This that this Minutes be Approved by consent roll call Minutes of the McKinney Community Development Corporation Meeting on June 25, 2015 This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final August 3, 2015 Minutes of the McKinney Economic Development Corporation Meeting on June 16, 2015 This that this Minutes be Approved by consent roll call Minutes of the McKinney Economic Development Corporation Meeting on June 23, 2015 This that this Minutes be Approved by consent roll call Minutes of the Planning and Zoning Commission Work Session of June 23, 2015 This that this Minutes be Approved by consent roll call Minutes of the Planning and Zoning Commission Regular Meeting of June 23, 2015 This that this Minutes be Approved by consent roll call RESOLUTIONS Consider/Discuss/Act on a Resolution Authorizing the Sale of Four Parcels of Land to the Texas Transportation Commission for the Construction of the State’s FM 546 Project, Which Land Contains 2.656 Acres of Land in the S. McFarland Survey, Abstract No. 558, and the W.S. Richardson Survey, Abstract No. 747 (collectively “Parcel 2”), 4.812 Acres of Land in the S. McFarland Survey, Abstract No. 558 (“Parcel 4”), and 0.166 Acres and 0.164 Acres of Land Situated in the G. Pilant Survey, Abstract No. 69 (“Parcel 13” and “Parcel 14,” Respectively), Totaling Approximately 7.798 Acres of Land Generally Located East of Highway 5 and South of Mill Street Continuing Southeasterly to Country Lane/Airport Drive; and Authorizing the Interim City Manager to Execute Deeds and Documents Regarding the Sale of Said City-Owned Property to the State of Texas A motion was made by Council member Day, seconded by Council member Pogue,that this Resolution be Approved . The motion carried by the following vote. MISCELLANEOUS Consider/Discuss/Act on a Specific Use Permit Extension for a Restaurant with Drive-Through Window, Located on the South Side of Eldorado Parkway and Approximately 220 Feet East of Ridge Road This that this Agenda Item be Approved by consent roll call Consider/Discuss/Act on a Specific Use Permit Extension for a CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final August 3, 2015 Restaurant with Drive-Through Window, Located on the South Side of Eldorado Parkway and Approximately 550 Feet East of Ridge Road This that this Agenda Item be Approved by consent roll call Consider/Discuss/Act on a Specific Use Permit Extension for a Restaurant with Drive-Through Window, Located on the South Side of Eldorado Parkway and Approximately 700 Feet East of Ridge Road This that this Agenda Item be Approved by consent roll call END OF CONSENT REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. Conduct a Public Hearing to Consider/Discuss/Act on a Resolution Approving the 2015-2019 Community Development Block Grant Consolidated Plan and the 2015-16 Annual Action Plan A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Day,that this Agenda Item be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Preliminary-Final Plat for 301 Single Family Residential Lots and 14 Common Areas (Auburn Hills, Phase 5), Located on the North Side of U.S. Highway 380 (University Drive), South Side of Wilmeth Road and East of County Road 160 Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for a Private Club (The Pub), Located at 204 W. Virginia Street, and Accompanying Ordinance A motion was made by Council member Day, seconded by Council member Pogue,that this Ordinance be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District to “C2” - Local Commercial District and “CC” - Corridor Commercial Overlay District, Located on the Southeast Corner of Stonebridge Drive and U.S. Highway 380 (University Drive), and Accompanying Ordinance A motion was made by Council member Pogue, seconded by Council member Branch,that this Ordinance be Approved . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final August 3, 2015 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “C” - Planned Center District, “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District to “C2” - Local Commercial District and “CC” - Corridor Commercial Overlay District, Located on the Northeast Corner of Custer Road and U.S. Highway 380 (University Drive), and Accompanying Ordinance A motion was made by Council member Pogue, seconded by Council member Day,that this Ordinance be Tabled to Another Meeting . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Modify Section 146-135 (Landscape Requirements) of the Zoning Regulations Pertaining to Landscaping at Airports, and Accompanying Ordinance A motion was made by Council member Pogue, seconded by Mayor Pro-Tem Ussery,that this Ordinance be Approved Closing Public Hearing . The motion carried by the following vote. A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Ordinance be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Site Plan for Sewell Audi of McKinney, Located Approximately 1,500 West of Stacy Road and on the North Side of State Highway 121 A motion was made by Council member Rogers, seconded by Council member Branch,that this Agenda Item be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request to Allow for an Auto Body Repair and Paint Shop (Caliber Collision), Located on the North Side of U.S. Highway 380 (University Drive) and Approximately 400 Feet West of Hardin Boulevard, and Accompanying Ordinance A motion was made by Council member Pogue, seconded by Mayor Pro-Tem Ussery,that this Ordinance be Approved Closing Public Hearing . The motion carried by the following vote. A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Ordinance be Approved Denial . The motion carried by the following vote. Consider/Discuss the Composition and Creation of an Advisory Committee for the Comprehensive Plan Update Initiative Consider/Discuss/Act on Fiscal Year 2015-16 Proposed Tax Rate, Take Record Vote and Set Public Hearing and Adoption Dates A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Agenda Item be Approved . The motion carried by the following CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final August 3, 2015 vote. Consider/Discuss/Act on a Resolution Amending the Policy on Board and Commission Member Appointment and Eligibility A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Resolution be Approved . The motion carried by the following vote. CITIZEN COMMENTS COUNCIL AND MANAGER COMMENTS Council and Manager Comments relating to items of public interest: Announcements regarding local or regional civic and charitable events, staff recognition, commendation of citizens, traffic issues, upcoming meetings, informational update on City projects, awards, acknowledgement of meeting attendees, birthdays, requests of the City Manager for items to be placed on upcoming agendas, and condolences. EXECUTIVE SESSION In Accordance with the Texas Government Code: A. Section 551.071 (2). Consultation with City Attorney on any Work Session, Special or Regular Session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said items (as needed) and legal consultation on the following item(s), if any. • Statutory, constitutional and Charter/ordinance requirements for establishing certain boards/commissions, including their City Council-delegated authorities and duties B. Section 551.074 Discuss Personnel Matters • City Manager Transition C. Section 551.087 – Discuss Economic Development Matters • Project A131 – Project Silver Fox ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this be Adjourn . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final August 3, 2015 Posted in accordance with the Texas Government Code, Chapter 551, on the 31st day of July, 2015 at or before 5:00 p.m. ___________________________ Sandy Hart, TRMC, MMC City Secretary Accommodations and modifications for people with disabilities are available upon request. Requests should be made as far in advance as possible, but no less than 48 hours prior to the meeting. Call 972-547-2694 or email contact-adacompliance@mckinneytexas.org with questions or for accommodations. CITY OF McKINNEY, TEXAS Page 7

Agenda

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Council Chambers Monday, August 3, 2015 6:00 PM 222 N. Tennessee Street McKinney, Texas 75069 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Senior Pastor Tommy Brumett, First United Methodist Church of McKinney INFORMATION SHARING 15-736 National Night Out Proclamation Attachments: Proclamation CITIZEN COMMENTS EXECUTIVE SESSION In Accordance with the Texas Government Code: A. Section 551.071 (2). Consultation with City Attorney on any Work Session, Special or Regular Session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said items (as needed) and legal consultation on the following item(s), if any. • Statutory, constitutional and Charter/ordinance requirements for establishing certain boards/commissions, including their City Council-delegated authorities and duties B. Section 551.074 Discuss Personnel Matters • City Manager Transition C. Section 551.087 – Discuss Economic Development Matters • Project A131 – Project Silver Fox CITY OF McKINNEY, TEXAS Page 1 Printed on 7/31/2015 City Council Regular Meeting Agenda August 3, 2015 CONSENT AGENDA These items consist of non-controversial or housekeeping items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. MINUTES 15-737 Minutes of the City Council Work Session of July 20, 2015 Attachments: Minutes 15-738 Minutes of the City Council Regular Meeting of July 21, 2015 Attachments: Minutes 15-739 Minutes of the City Council Work Session of July 27, 2015 Attachments: Minutes 15-656 Minutes of the Board of Adjustment Special Meeting of May 6, 2015 Attachments: Minutes 15-660 Minutes of the Library Advisory Board Meeting of May 21, 2015 Attachments: Minutes 15-652 Minutes of the McKinney Airport Development Corporation Meeting of May 21, 2015 Attachments: Minutes 15-635 Minutes of the McKinney Arts Commission Meeting of April 16, 2015 Attachments: Minutes 15-703 Minutes of the McKinney Community Development Corporation Special Meeting on June 18, 2015 Attachments: Minutes 15-705 Minutes of the McKinney Community Development Corporation CITY OF McKINNEY, TEXAS Page 2 Printed on 7/31/2015 City Council Regular Meeting Agenda August 3, 2015 Meeting on June 25, 2015 Attachments: Minutes 15-692 Minutes of the McKinney Economic Development Corporation Meeting on June 16, 2015 Attachments: Minutes 15-693 Minutes of the McKinney Economic Development Corporation Meeting on June 23, 2015 Attachments: Minutes 15-657 Minutes of the Planning and Zoning Commission Work Session of June 23, 2015 Attachments: Minutes 15-658 Minutes of the Planning and Zoning Commission Regular Meeting of June 23, 2015 Attachments: Minutes RESOLUTIONS 15-742 Consider/Discuss/Act on a Resolution Authorizing the Sale of Four Parcels of Land to the Texas Transportation Commission for the Construction of the State’s FM 546 Project, Which Land Contains 2.656 Acres of Land in the S. McFarland Survey, Abstract No. 558, and the W.S. Richardson Survey, Abstract No. 747 (collectively “Parcel 2”), 4.812 Acres of Land in the S. McFarland Survey, Abstract No. 558 (“Parcel 4”), and 0.166 Acres and 0.164 Acres of Land Situated in the G. Pilant Survey, Abstract No. 69 (“Parcel 13” and “Parcel 14,” Respectively), Totaling Approximately 7.798 Acres of Land Generally Located East of Highway 5 and South of Mill Street Continuing Southeasterly to Country Lane/Airport Drive; and Authorizing the Interim City Manager to Execute Deeds and Documents Regarding the Sale of Said City-Owned Property to the State of Texas Attachments: Resolution Property Location Map CITY OF McKINNEY, TEXAS Page 3 Printed on 7/31/2015 City Council Regular Meeting Agenda August 3, 2015 MISCELLANEOUS 14-331SU4 Consider/Discuss/Act on a Specific Use Permit Extension for a Restaurant with Drive-Through Window, Located on the South Side of Eldorado Parkway and Approximately 220 Feet East of Ridge Road Attachments: Location Map and Aerial Exhibit Extension Request Letter Ex. SUP Ord. No. 2015-04-027 14-332SU4 Consider/Discuss/Act on a Specific Use Permit Extension for a Restaurant with Drive-Through Window, Located on the South Side of Eldorado Parkway and Approximately 550 Feet East of Ridge Road Attachments: Location Map and Aerial Exhibit Extension Request Letter Ex. SUP Ord. No. 2015-04-028 14-333SU4 Consider/Discuss/Act on a Specific Use Permit Extension for a Restaurant with Drive-Through Window, Located on the South Side of Eldorado Parkway and Approximately 700 Feet East of Ridge Road Attachments: Location Map and Aerial Exhibit Extension Request Letter Ex. SUP Ord. No. 2015-04-029 END OF CONSENT REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 15-743 Conduct a Public Hearing to Consider/Discuss/Act on a Resolution Approving the 2015-2019 Community Development Block Grant Consolidated Plan and the 2015-16 Annual Action Plan CITY OF McKINNEY, TEXAS Page 4 Printed on 7/31/2015 City Council Regular Meeting Agenda August 3, 2015 Attachments: Resolution CDBG Plan Statement of Funds 2015-19 Draft Consolidated Plan 15-128PF Conduct a Public Hearing to Consider/Discuss/Act on a Preliminary-Final Plat for 301 Single Family Residential Lots and 14 Common Areas (Auburn Hills, Phase 5), Located on the North Side of U.S. Highway 380 (University Drive), South Side of Wilmeth Road and East of County Road 160 Attachments: CC Staff Report Standard Conditions Checklist Location Map and Aerial Exhibit Letter of Intent Proposed Preliminary-Final Plat PowerPoint Presentation 15-161SU2 Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for a Private Club (The Pub), Located at 204 W. Virginia Street, and Accompanying Ordinance Attachments: PZ Minutes 07.14.15 PZ Report Location Map & Aerial Exhibit Letter of Intent Proposed Ordinance Proposed Exhibits A-B PowerPoint Presentation 15-159Z2 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District to “C2” - Local Commercial District and “CC” - Corridor Commercial Overlay District, Located on the Southeast Corner of Stonebridge Drive and U.S. Highway 380 (University Drive), and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 5 Printed on 7/31/2015 City Council Regular Meeting Agenda August 3, 2015 Attachments: 07.14.15 PZ Minutes PZ Report Location Map and Aerial Exhibit Comprehensive Plan Maps Letter of Intent Existing PD Ord. No. 2008-08-075 Land Use and Tax Base Summary Proposed Ordinance Proposed Zoning Exhibits A-C PowerPoint Presentation 15-160Z3 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “C” - Planned Center District, “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District to “C2” - Local Commercial District and “CC” - Corridor Commercial Overlay District, Located on the Northeast Corner of Custer Road and U.S. Highway 380 (University Drive), and Accompanying Ordinance Attachments: PZ Minutes 07.28.15 PZ Minutes 07.14.15 PZ Report Location Map and Aerial Exhibit Letter of Intent Comprehensive Plan Maps Land Use and Tax Base Summary Proposed Ordinance Proposed Exhibits A-B PowerPoint Presentation 15-166M2 Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Modify Section 146-135 (Landscape Requirements) of the Zoning Regulations Pertaining to Landscaping at Airports, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 6 Printed on 7/31/2015 City Council Regular Meeting Agenda August 3, 2015 Attachments: Proposed Ordinance PZ Minutes 7.14.15 Proposed 146-135 Changes 15-155SP2 Conduct a Public Hearing to Consider/Discuss/Act on a Site Plan for Sewell Audi of McKinney, Located Approximately 1,500 West of Stacy Road and on the North Side of State Highway 121 Attachments: PZ Minutes 7.14.15 PZ Staff Report Standard Conditions Checklist Location Map and Aerial Exhibit Letter of Intent Proposed Site Plan Proposed Landscape Plan PowerPoint Presentation 15-102SU4 Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request to Allow for an Auto Body Repair and Paint Shop (Caliber Collision), Located on the North Side of U.S. Highway 380 (University Drive) and Approximately 400 Feet West of Hardin Boulevard, and Accompanying Ordinance Attachments: CC Minutes 07.21.15 PZ Minutes 06.23.15 PZ Minutes 06.09.15 PZ Report Location Map and Aerial Exhibit Letter of Intent Proposed Ordinance Proposed Exhibits A-C Prop. Rendering - Info Only PowerPoint Presentation 15-744 Consider/Discuss the Composition and Creation of an Advisory Committee for the Comprehensive Plan Update Initiative CITY OF McKINNEY, TEXAS Page 7 Printed on 7/31/2015 City Council Regular Meeting Agenda August 3, 2015 Attachments: Info Item: Advisory Committees Advisory Committee Appointments 15-745 Consider/Discuss/Act on Fiscal Year 2015-16 Proposed Tax Rate, Take Record Vote and Set Public Hearing and Adoption Dates Attachments: Motion to Propose Tax Rate Presentation 15-746 Consider/Discuss/Act on a Resolution Amending the Policy on Board and Commission Member Appointment and Eligibility Attachments: Resolution Amended Board Commission Policy-Redline Amended Board Commision Policy CITIZEN COMMENTS COUNCIL AND MANAGER COMMENTS Council and Manager Comments relating to items of public interest: Announcements regarding local or regional civic and charitable events, staff recognition, commendation of citizens, traffic issues, upcoming meetings, informational update on City projects, awards, acknowledgement of meeting attendees, birthdays, requests of the City Manager for items to be placed on upcoming agendas, and condolences. EXECUTIVE SESSION In Accordance with the Texas Government Code: A. Section 551.071 (2). Consultation with City Attorney on any Work Session, Special or Regular Session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said items (as needed) and legal consultation on the following item(s), if any. • Statutory, constitutional and Charter/ordinance requirements for establishing certain boards/commissions, including their City Council-delegated authorities and duties B. Section 551.074 Discuss Personnel Matters • City Manager Transition C. Section 551.087 – Discuss Economic Development Matters • Project A131 – Project Silver Fox CITY OF McKINNEY, TEXAS Page 8 Printed on 7/31/2015 City Council Regular Meeting Agenda August 3, 2015 ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with the Texas Government Code, Chapter 551, on the 31st day of July, 2015 at or before 5:00 p.m. ___________________________ Sandy Hart, TRMC, MMC City Secretary Accommodations and modifications for people with disabilities are available upon request. Requests should be made as far in advance as possible, but no less than 48 hours prior to the meeting. Call 972-547-2694 or email contact-adacompliance@mckinneytexas.org with questions or for accommodations. CITY OF McKINNEY, TEXAS Page 9 Printed on 7/31/2015

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