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City Council Regular Meeting

Regular Meeting

McKinney, TX · March 15, 2016

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Minutes

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, March 15, 2016 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final March 15, 2016 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE INFORMATION SHARING Recognition of the McKinney Ice Hockey Varsity Team CITIZEN COMMENTS CONSENT AGENDA A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Branch,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 February 29, 2016 This that this Minutes be Approved by consent roll call Minutes of the City Council Regular Meeting of March 1, 2016 This that this Minutes be Approved by consent roll call Minutes of the Historic Preservation Advisory Board Regular Meeting of February 4, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Community Development Corporation Meeting of January 28, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention & Visitors Bureau Board Meeting of January 26, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention & Visitors Bureau Finance Committee Meeting of January 22, 2016 This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final March 15, 2016 Minutes of the McKinney Housing Authority Meeting of January 26, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Housing Authority Meeting of February 16, 2016 This that this Minutes be Approved by consent roll call Minutes of the Planning and Zoning Commission Regular Meeting of February 9, 2016 This that this Minutes be Approved by consent roll call Minutes of the Planning and Zoning Commission Work Session of February 23, 2016 This that this Minutes be Approved by consent roll call Minutes of the Planning and Zoning Commission Regular Meeting of February 23, 2016 This that this Minutes be Approved by consent roll call ORDINANCES Consider/Discuss/Act on an Ordinance Amending Section 122-Article IV (Fences) of the Construction Regulations to Address Front Yard Fence Heights This that this Ordinance be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final March 15, 2016 RESOLUTIONS Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Execute a Contract and All Necessary Change Orders with McMahon Contracting, L.P. for the Construction of WA4409 and WW4410 FM 546 Utility Relocations - Water and Wastewater Project Approved Consider/Discuss/Act on a Resolution Amending the 2016 - 2020 Capital Improvements Program to Provide Funds for the WW1604 - Interchange Street Cured In Place Pipe (CIPP) Liner for 10-inch and 12-inch Sanitary Sewer Project Approved Consider/Discuss/Act on a Resolution Establishing a Policy for Median Maintenance Reimbursement Agreements A motion was made by Council member Pogue, seconded by Council member Branch,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Resolution Accepting Loan of New Ken Toki Artwork for John and Judy Gay Library A motion was made by Council member Branch, seconded by Council member Pogue,that this Resolution be Tabled to Another Meeting . 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 Approved 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 Approved 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 Approved CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final March 15, 2016 END OF CONSENT REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “C” - Planned Center District, “PD” - Planned Development District, “AG” - Agricultural District, and “CC” - Corridor Commercial Overlay District to “GC” - Governmental Complex District and “CC” - Corridor Commercial Overlay District, Located on the Southeast Corner of Hardin Boulevard and McKinney Ranch Parkway, and Accompanying Ordinance A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Pogue,that this Ordinance be Approved Closing Public Hearing . The motion carried by the following vote. 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, “AG” - Agricultural District, and “CC” - Corridor Commercial Overlay District to “GC” - Governmental Complex District and “CC” - Corridor Commercial Overlay District, Located on the Southeast Corner of Hardin Boulevard and McKinney Ranch Parkway, and Accompanying Ordinance 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, “AG” - Agricultural District, and “CC” - Corridor Commercial Overlay District to “GC” - Governmental Complex District and “CC” - Corridor Commercial Overlay District, Located on the Southeast Corner of Hardin Boulevard and McKinney Ranch Parkway, and Accompanying Ordinance A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Branch,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 “REC” - Regional Employment Center Overlay District to “PD” - Planned Development District, Generally to Allow for an Independent Living Facility, Assisted Living Facility and a Memory Care Center, and Commercial Uses, Located on the Southwest Corner of McKinney Ranch Parkway and Ridge Road, 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. CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final March 15, 2016 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District and “REC” - Regional Employment Center Overlay District to “PD” - Planned Development District, Generally to Modify the Development Standards, Located on the Northeast Corner of Weiskopf Avenue and Van Tuyl Parkway, and Accompanying Ordinance A motion was made by Council member Rath, 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 “RS 60” - Single Family Residence District to “C2” - Local Commercial District, Located on the Southeast Corner of U.S. Highway 380 (University Drive) and Church Street, and Accompanying Ordinance A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Branch,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 Northeast Corner of U.S. Highway 380 (University Drive) and Hardin Boulevard, and Accompanying Ordinance A motion was made by Council member Pogue, seconded by Council member Branch,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 Annex Approximately 1,600 Acres of Land, Generally Located in an Area East of the McKinney National Airport and Along the Eastern North-South Section of Enloe Road from an Area Situated Approximately 2,900 Feet South of U.S. Highway 380 and Approximately 3,900 Feet East of Airport Road and Extending in a Southerly Direction to an Area Situated South Along Either and/or Both Sides of the East-West Section of C.R. 722 and in an Area East of the McKinney National Airport and Along the Southern East-West Section of F.M 546 from an Area Situated Approximately 3,900 Feet East of Airport Road and Extending in a Southerly Direction to an Area Situated South Along Either and/or Both Sides of the North-South Section of C.R. 317 into the City of McKinney’s Corporate Limits A motion was made by Council member Pogue, seconded by Council member Branch,that this Agenda Item be Approved Closing Public Hearing . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final March 15, 2016 Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Execute a Professional Services Contract with Pogue Construction Company of McKinney, Texas for Construction Manager at Risk (CMAR) Services Related to the Design and Construction of Phase 3 of the Public Safety Facility A motion was made by Council member Rath, seconded by Council member Branch,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. CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final March 15, 2016 EXECUTIVE SESSION In Accordance with the Texas Government Code: A. Section 551.071 (2). Consultation with City Attorney on any Work Session, Special or Regular Session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said items (as needed) and legal consultation on the following item(s), if any: • Transit Agreements B. Section 551.074 Discuss Personnel Matters • City Manager Transition C. Section 551.072 Deliberations about Real Property • Approximately 62 acres in the Leonard Searcy Survey, Abstracts 828 and 829 D. Section 551.087 – Discuss Economic Development Matters • Project A71 – Gateway • Project A131 – Silverfox • Project A132 – Expense • Project A134 – Jaguar • Project A136 – Little Bites ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Council member Pogue, seconded by Mayor Pro-Tem Ussery,that this be Adjourn . The motion carried by the following vote. Posted in accordance with the Texas Government Code, Chapter 551, on the 11th day of March, 2016 at or before 5:00 p.m. ___________________________ Sandy Hart, TRMC, MMC City Secretary Accommodations and modifications for people with disabilities are available upon request. Requests should be made as far in advance as possible, but no less than 48 hours prior to the meeting. Call 972-547-2694 or email contact-adacompliance@mckinneytexas.org with questions or for accommodations. CITY OF McKINNEY, TEXAS Page 7

Agenda

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Council Chambers Tuesday, March 15, 2016 6:00 PM 222 N. Tennessee Street McKinney, Texas 75069 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE INFORMATION SHARING 16-287 Recognition of the McKinney Ice Hockey Varsity Team Attachments: Certificates of Recognition CITIZEN COMMENTS 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 16-288 Minutes of the City Council Work Session of February 29, 2016 Attachments: Minutes 16-289 Minutes of the City Council Regular Meeting of March 1, 2016 Attachments: Minutes 16-266 Minutes of the Historic Preservation Advisory Board Regular Meeting of February 4, 2016 Attachments: Minutes 16-230 Minutes of the McKinney Community Development Corporation Meeting of January 28, 2016 Attachments: Minutes CITY OF McKINNEY, TEXAS Page 1 Printed on 3/11/2016 City Council Regular Meeting Agenda March 15, 2016 16-221 Minutes of the McKinney Convention & Visitors Bureau Board Meeting of January 26, 2016 Attachments: Minutes 16-222 Minutes of the McKinney Convention & Visitors Bureau Finance Committee Meeting of January 22, 2016 Attachments: Minutes 16-291 Minutes of the McKinney Housing Authority Meeting of January 26, 2016 Attachments: Minutes 16-292 Minutes of the McKinney Housing Authority Meeting of February 16, 2016 Attachments: Minutes 16-248 Minutes of the Planning and Zoning Commission Regular Meeting of February 9, 2016 Attachments: Minutes 16-269 Minutes of the Planning and Zoning Commission Work Session of February 23, 2016 Attachments: Minutes 16-270 Minutes of the Planning and Zoning Commission Regular Meeting of February 23, 2016 Attachments: Minutes ORDINANCES 16-290 Consider/Discuss/Act on an Ordinance Amending Section 122-Article IV (Fences) of the Construction Regulations to Address Front Yard Fence Heights Attachments: Proposed Ordinance Article IV - Fences - Redline CITY OF McKINNEY, TEXAS Page 2 Printed on 3/11/2016 City Council Regular Meeting Agenda March 15, 2016 RESOLUTIONS 16-302 Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Execute a Contract and All Necessary Change Orders with McMahon Contracting, L.P. for the Construction of WA4409 and WW4410 FM 546 Utility Relocations - Water and Wastewater Project Attachments: Resolution Location Map Award Recommendation Letter 16-303 Consider/Discuss/Act on a Resolution Amending the 2016 - 2020 Capital Improvements Program to Provide Funds for the WW1604 - Interchange Street Cured In Place Pipe (CIPP) Liner for 10-inch and 12-inch Sanitary Sewer Project Attachments: Resolution Location Map 16-304 Consider/Discuss/Act on a Resolution Establishing a Policy for Median Maintenance Reimbursement Agreements Attachments: Resolution 16-305 Consider/Discuss/Act on a Resolution Accepting Loan of New Ken Toki Artwork for John & Judy Gay Library Attachments: Resolution Toki's "Bellas Artes" Artwork Loan Agreement MISCELLANEOUS 14-331SU6 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 CITY OF McKINNEY, TEXAS Page 3 Printed on 3/11/2016 City Council Regular Meeting Agenda March 15, 2016 Attachments: PZ Minutes 02.23.16 Location Map and Aerial Exhibit Extension Request Letter Ex. SUP Ord. No. 2015-04-027 14-332SU6 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: PZ Minutes 02.23.16 Location Map and Aerial Exhibit Extension Request Letter Ex. SUP Ord. No. 2015-04-028 14-333SU6 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: PZ Minutes 02.23.16 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. 16-018Z2 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, “AG” - Agricultural District, and “CC” - Corridor Commercial Overlay District to “GC” - Governmental Complex District and “CC” - Corridor Commercial Overlay District, Located on the Southeast Corner of Hardin Boulevard and McKinney Ranch Parkway, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 4 Printed on 3/11/2016 City Council Regular Meeting Agenda March 15, 2016 Attachments: PZ Minutes 2.23.16 PZ Report Location Map and Aerial Exhibit Letter of Intent Letters of Support Letters of Opposition Comprehensive Plan Maps Land Use and Tax Base Summary Existing PD - Ordinance No. 1559 Existing PD - Ordinance No. 1578 Proposed Ordinance Proposed Exhibits A-B PowerPoint Presentation 15-243Z2 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District and “REC” - Regional Employment Center Overlay District to “PD” - Planned Development District, Generally to Allow for an Independent Living Facility, Assisted Living Facility and a Memory Care Center, and Commercial Uses, Located on the Southwest Corner of McKinney Ranch Parkway and Ridge Road, and Accompanying Ordinance Attachments: PZ Minutes 02.23.16 PZ Report Location Map and Aerial Exhibit Letter of Intent Comprehensive Plan Maps Land Use and Tax Base Summary Map Existing PD Ord. No. 2014-02-012 Proposed Ordinance Proposed Exhibits A-C Plaza Arch. Rendering (Info. Only) PowerPoint Presentation 15-335Z3 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District and “REC” - Regional Employment Center CITY OF McKINNEY, TEXAS Page 5 Printed on 3/11/2016 City Council Regular Meeting Agenda March 15, 2016 Overlay District to “PD” - Planned Development District, Generally to Modify the Development Standards, Located on the Northeast Corner of Weiskopf Avenue and Van Tuyl Parkway, and Accompanying Ordinance Attachments: Draft PZ Minutes 03.08.16 PZ Minutes 02.23.16 PZ Report Location Map and Aerial Exhibit Letter of Intent Comprehensive Plan Maps Land Use and Tax Base Summary Existing PD - Ordinance No 2014-11-087 Exhibit D - Redline Version Proposed Ordinance Proposed Exhibits A-C Elevations - Informational Only Rendering - Informational Only PowerPoint Presentation 16-020Z3 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District and “RS 60” - Single Family Residence District to “C2” - Local Commercial District, Located on the Southeast Corner of U.S. Highway 380 (University Drive) and Church Street, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 6 Printed on 3/11/2016 City Council Regular Meeting Agenda March 15, 2016 Attachments: Draft PZ Minutes 03.08.16 PZ Minutes 02.23.16 PZ Report Location Map and Aerial Exhibit Letter of Intent Comprehensive Plan Maps Fiscal Analysis Land Use and Tax Base Summary Map Ex. PD Ordinance No. 2004-09-094 Proposed Ordinance Proposed Exhibits A-B PowerPoint Presentation 15-343Z6 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District to “C2” - Local Commercial District and “CC” - Corridor Commercial Overlay District, Located on the Northeast Corner of U.S. Highway 380 (University Drive) and Hardin Boulevard, and Accompanying Ordinance Attachments: PZ Minutes 1.12.16 PZ Report Location Map and Aerial Exhibit Letter of Intent Comprehensive Plan Maps Fiscal Impact Analysis Land Use and Tax Base Summary Existing PD 2006-11-131 Existing PD 1687 Proposed Ordinance Proposed Exhibits A-C PowerPoint Presentation 16-043A2 Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Annex Approximately 1,600 Acres of Land, Generally Located in an Area East of the McKinney National Airport and Along the Eastern North-South CITY OF McKINNEY, TEXAS Page 7 Printed on 3/11/2016 City Council Regular Meeting Agenda March 15, 2016 Section of Enloe Road from an Area Situated Approximately 2,900 Feet South of U.S. Highway 380 and Approximately 3,900 Feet East of Airport Road and Extending in a Southerly Direction to an Area Situated South Along Either and/or Both Sides of the East-West Section of C.R. 722 and in an Area East of the McKinney National Airport and Along the Southern East-West Section of F.M 546 from an Area Situated Approximately 3,900 Feet East of Airport Road and Extending in a Southerly Direction to an Area Situated South Along Either and/or Both Sides of the North-South Section of C.R. 317 into the City of McKinney’s Corporate Limits Attachments: Location Map and Aerial Exhibit Comprehensive Plan Maps Service Plan PowerPoint Presentation 16-306 Consider/Discuss/Act on a Resolution Authorizing the Interim City Manager to Execute a Professional Services Contract with Pogue Construction Company of McKinney, Texas for Construction Manager at Risk (CMAR) Services Related to the Design and Construction of Phase 3 of the Public Safety Facility Attachments: Resolution Pogue Proposal 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. CITY OF McKINNEY, TEXAS Page 8 Printed on 3/11/2016 City Council Regular Meeting Agenda March 15, 2016 EXECUTIVE SESSION In Accordance with the Texas Government Code: A. Section 551.071 (2). Consultation with City Attorney on any Work Session, Special or Regular Session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said items (as needed) and legal consultation on the following item(s), if any: • Transit Agreements B. Section 551.074 Discuss Personnel Matters • City Manager Transition C. Section 551.072 Deliberations about Real Property • Approximately 62 acres in the Leonard Searcy Survey, Abstracts 828 and 829 D. Section 551.087 – Discuss Economic Development Matters • Project A71 – Gateway • Project A131 – Silverfox • Project A132 – Expense • Project A134 – Jaguar • Project A136 – Little Bites ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with the Texas Government Code, Chapter 551, on the 11th day of March, 2016 at or before 5:00 p.m. ___________________________ Sandy Hart, TRMC, MMC City Secretary Accommodations and modifications for people with disabilities are available upon request. Requests should be made as far in advance as possible, but no less than 48 hours prior to the meeting. Call 972-547-2694 or email contact-adacompliance@mckinneytexas.org with questions or for accommodations. CITY OF McKINNEY, TEXAS Page 9 Printed on 3/11/2016

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