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City Council Regular Meeting

Regular Meeting

McKinney, TX · November 1, 2016

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Minutes

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, November 1, 2016 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final November 1, 2016 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Major Paul White, The Salvation Army INFORMATION SHARING Salvation Army Red Kettle Proclamation Municipal Court Week Proclamation CITIZEN COMMENTS CONSENT AGENDA A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Rogers,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 October 17, 2016 This that this Minutes be Approved by consent roll call Minutes of the City Council Regular Meeting of October 18, 2016 This that this Minutes be Approved by consent roll call Minutes of the City Council Work Session of October 24, 2016 This that this Minutes be Approved by consent roll call Minutes of the Community Grants Advisory Commission Meeting of July 28, 2016 This that this Minutes be Approved by consent roll call Minutes of the Library Advisory Board Meeting of September 15, 2016 This that this Minutes be Approved by consent roll call Minutes of the Main Street Board Meeting of September 8, 2016 CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final November 1, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Armed Services Memorial Board Meeting of September 14, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Arts Commission Meeting of August 11, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Arts Commission Meeting of August 12, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Arts Commission Meeting of August 18, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Economic Development Corporation Special Meeting of September 12, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Economic Development Corporation Meeting of September 20, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Housing Finance Corporation Meeting of April 8, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Housing Finance Corporation Meeting of April 15, 2016 This that this Minutes be Approved by consent roll call Minutes of the McKinney Housing Finance Corporation Meeting of September 30, 2016 This that this Minutes be Approved by consent roll call Minutes of the Parks, Recreation and Open Space Advisory Board Meeting of September 8, 2016 This that this Minutes be Approved by consent roll call ORDINANCES CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final November 1, 2016 Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2016-2017 Annual CIP Budget and the 2017 - 2021 Capital Improvements Program; to Appropriate Funds from the Collin County Parks and Open Space Project Funding Assistance Program for Phase II of Bonnie Wenk Park This that this Ordinance be Approved by consent roll call Consider/Discuss/Act on an Ordinance Amending the Code of Ordinances of the City of McKinney, Section 134, “Signs” by Revising Paragraph (a) of Chapter 134-10 entitled “Multiple-Building Lot Coordinated Signage,” to Allow Coordinated Signage on Property that is Developed in any Non-Residential Zoning District in Addition to Property Developed in a Planned Development District or in the McKinney Town Center This that this Ordinance be Approved by consent roll call RESOLUTIONS Consider/Discuss/Act on a Resolution Adopting the Revised Drainage Maintenance Policy and Priority Matrix This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Lockwood, Andrews & Newman, Inc. (LAN) for Professional Engineering Design Services for the Redbud Pump Station 794 PP Transmission Water Line and Any Necessary Supplemental Agreements This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Apply For and Accept, if Awarded, an Assistance to Firefighters Grant, through the Department of Homeland Security, to Renovate the Public Safety Building to Include a Training Room This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Accepting the Texas Forest Service Texas Intrastate Fire Mutual Aid System (TIFMAS) Grant for a Type 3 Apparatus This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Median Maintenance Reimbursement Agreement with Stonebridge Ranch Community Association, Inc. CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final November 1, 2016 This that this Resolution be Approved by consent roll call MISCELLANEOUS Consider/Discuss/Act on a Second Amendment to the 2012 Trinity Falls Development Agreement and a First Amendment to the Amended and Restated Trinity Falls Park Development and Disbursement Agreement A motion was made by Council member Rogers, seconded by Council member Pogue,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on Assignments of Municipal Utility District 1’s Creation and Operation and Municipal Utility District 2’s Creation and Operation, the Development Agreement, and the Park Development and Disbursement Agreement from CH-B Trinity Falls, L.P. to Trinity Falls Holdings, L.P. 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. 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 Site Plan for Two Office/Warehouse Buildings (Redbud Central), Located on the Northwest Corner of Redbud Boulevard and Central Circle 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 and Site Plan Request to Allow for a Wholesale Retail and Tire Service Center with a Motor Vehicle Fuel Sales Facility (Costco), Located on the Northeast Corner of U.S. Highway 380 (University Drive) and Hardin Boulevard, 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 Specific Use Permit Request for a Restaurant with Drive-Through Window (Victory CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final November 1, 2016 @ Lake Forest), Located on the Northwest Corner of Collin McKinney Parkway and Lake Forest Drive, and Accompanying Ordinance A motion was made by Council member Pogue, seconded by Council member Rogers,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 Specific Use Permit Request for a Restaurant with Drive-Through Window (Victory @ Lake Forest), Located on the Northwest Corner of Collin McKinney Parkway and Lake Forest Drive, and Accompanying Ordinance Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for a Restaurant with Drive-Through Window (Victory @ Lake Forest), Located on the Northwest Corner of Collin McKinney Parkway and Lake Forest Drive, and Accompanying Ordinance A motion was made by Council member Pogue, seconded by Council member Day,that this Ordinance be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Sign Variance Request by Site Enhancement Services, Appealing the Denial of a Sign Permit for Wall Signage at Advance Auto Parts, Located at the Northeast Corner of West University Drive and North Church Street A motion was made by Mayor Pro-Tem Ussery, seconded by Council member Branch,that this Agenda Item be Approved Closing Public Hearing . The motion carried by the following vote. A motion was made by Council member Branch, seconded by Council member Rogers,that this Agenda Item be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on an Ordinance Amending Chapter 146-130 (Vehicle Parking) of the Code of Ordinances, the Creation of Chapter 138, Article VII (Donation Collection Containers) of the Code of Ordinances, and an Amendment to Appendix A (Schedule of Fees) of the Code of Ordinances A motion was made by Council member Pogue, seconded by Council member Branch,that this Ordinance be Approved Closing Public Hearing . The motion carried by the following vote. 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. A motion was made by Council member Pogue, seconded by Council member Rogers,that this Ordinance be Tabled to Another Meeting . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance Amending the 1999 Municipal Annexation Plan A motion was made by Council member Pogue, seconded by Council member CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final November 1, 2016 Branch,that this Ordinance be Tabled Indefinitely . The motion carried by the following vote. Consider/Discuss/Act on a Resolution of the City Council of the City of McKinney, Texas, Adopting a Policy for the Review and Consideration of Requests for Resolutions in Support of Housing Developments Seeking or Utilizing Low Income Housing Tax Credits and Providing for an Effective Date Upon Passage 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. 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: • Annexation Process • Development Agreement negotiations regarding approximately 28.3 acres in the Elias Alexander survey, known as “Craig Ranch IV and V” B. Section 551.071 (A) Pending or contemplated litigation • Arch Resorts, LLC v. the City of McKinney, Texas, and Rick Herzberger, Chief Building Official of the City Of McKinney, Texas, No. 219-01855-2015, 219th District Court of Collin County, Texas • Joe Cavagnaro, Jr. v. DWW Golf Management, LLC and City of McKinney; City of McKinney v. DWW Golf Management, LLC; DWW Golf Management, LLC v. Strambler Enterprises, Inc. and Gregory Lewis; Cause No. 219-04415-2014 CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final November 1, 2016 C. Section 551.072. Deliberations about Real Property • Municipal Facilities D. Section 551.087 – Discuss Economic Development Matters • Project A140 – Project Rest • Project A146 – Project Frost • Project A159 – Project Cuisine • Project A160 – Project Champion ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Council member Pogue, seconded by Council member Branch,that this be Adjourn . The motion carried by the following vote. Posted in accordance with the Texas Government Code, Chapter 551, on the 27th day of October, 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 Tuesday, November 1, 2016 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, Texas 75069 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Major Paul White, The Salvation Army INFORMATION SHARING 16-1106 Salvation Army Red Kettle Proclamation Attachments: Proclamation 16-1107 Municipal Court Week Proclamation Attachments: Proclamtion 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 16-1108 Minutes of the City Council Work Session of October 17, 2016 Attachments: Minutes 16-1109 Minutes of the City Council Regular Meeting of October 18, 2016 Attachments: Minutes CITY OF McKINNEY, TEXAS Page 1 Printed on 10/28/2016 City Council Regular Meeting Agenda November 1, 2016 16-1110 Minutes of the City Council Work Session of October 24, 2016 Attachments: Minutes 16-1060 Minutes of the Community Grants Advisory Commission Meeting of July 28, 2016 Attachments: Minutes 16-963 Minutes of the Library Advisory Board Meeting of September 15, 2016 Attachments: Minutes 16-1007 Minutes of the Main Street Board Meeting of September 8, 2016 Attachments: Minutes 16-1016 Minutes of the McKinney Armed Services Memorial Board Meeting of September 14, 2016 Attachments: Minutes 16-1066 Minutes of the McKinney Arts Commission Meeting of August 11, 2016 Attachments: Minutes 16-1067 Minutes of the McKinney Arts Commission Meeting of August 12, 2016 Attachments: Minutes 16-1068 Minutes of the McKinney Arts Commission Meeting of August 18, 2016 Attachments: Minutes 16-1038 Minutes of the McKinney Economic Development Corporation Special Meeting of September 12, 2016 Attachments: Minutes CITY OF McKINNEY, TEXAS Page 2 Printed on 10/28/2016 City Council Regular Meeting Agenda November 1, 2016 16-1039 Minutes of the McKinney Economic Development Corporation Meeting of September 20, 2016 Attachments: Minutes 16-1029 Minutes of the McKinney Housing Finance Corporation Meeting of April 8, 2016 Attachments: Minutes 16-1030 Minutes of the McKinney Housing Finance Corporation Meeting of April 15, 2016 Attachments: Minutes 16-1031 Minutes of the McKinney Housing Finance Corporation Meeting of September 30, 2016 Attachments: Minutes 16-1024 Minutes of the Parks, Recreation and Open Space Advisory Board Meeting of September 8, 2016 Attachments: Minutes ORDINANCES 16-1111 Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2016-2017 Annual CIP Budget and the 2017 - 2021 Capital Improvements Program; to Appropriate Funds from the Collin County Parks and Open Space Project Funding Assistance Program for Phase II of Bonnie Wenk Park Attachments: Ordinance 16-1112 Consider/Discuss/Act on an Ordinance Amending the Code of Ordinances of the City of McKinney, Section 134, “Signs” by Revising Paragraph (a) of Chapter 134-10 entitled “Multiple-Building Lot Coordinated Signage,” to Allow Coordinated Signage on Property that is Developed in any Non-Residential Zoning District in Addition to Property Developed in a Planned Development District or in the McKinney Town Center CITY OF McKINNEY, TEXAS Page 3 Printed on 10/28/2016 City Council Regular Meeting Agenda November 1, 2016 Attachments: Ordinance Ordinance - redline RESOLUTIONS 16-1113 Consider/Discuss/Act on a Resolution Adopting the Revised Drainage Maintenance Policy and Priority Matrix Attachments: Resolution Drainage Maintenance Policy Drainage Maintenance Priority Matrix 16-1114 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Lockwood, Andrews & Newman, Inc. (LAN) for Professional Engineering Design Services for the Redbud Pump Station 794 PP Transmission Water Line and Any Necessary Supplemental Agreements Attachments: Resolution Location Map 16-1115 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Apply For and Accept, if Awarded, an Assistance to Firefighters Grant, through the Department of Homeland Security, to Renovate the Public Safety Building to Include a Training Room Attachments: Resolution 16-1116 Consider/Discuss/Act on a Resolution Accepting the Texas Forest Service Texas Intrastate Fire Mutual Aid System (TIFMAS) Grant for a Type 3 Apparatus Attachments: Resolution Agreement 16-1117 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Median Maintenance Reimbursement Agreement with Stonebridge Ranch Community Association, Inc. CITY OF McKINNEY, TEXAS Page 4 Printed on 10/28/2016 City Council Regular Meeting Agenda November 1, 2016 Attachments: Resolution Policy Agreement MISCELLANEOUS 16-1119 Consider/Discuss/Act on a Second Amendment to the 2012 Trinity Falls Development Agreement and a First Amendment to the Amended and Restated Trinity Falls Park Development and Disbursement Agreement Attachments: 2012 Trinity Falls Development Agrmt. First Amend. to 2012 Trinity Falls Dev. Agrmt. Second Amend. to 2012 Development Agrmt. Amend. & Restated Park Dev. & Disburs. Agrmt. First Amend. to Park Dev and Disburse. Agrmt. 16-1118 Consider/Discuss/Act on Assignments of Municipal Utility District 1’s Creation and Operation and Municipal Utility District 2’s Creation and Operation, the Development Agreement, and the Park Development and Disbursement Agreement from CH-B Trinity Falls, L.P. to Trinity Falls Holdings, L.P. Attachments: Assignment - MUD No 1 Assignment - MUD No 2 Assignment - Development Agreement Assignment - Park Development Agreement END OF CONSENT REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 16-237SP2 Conduct a Public Hearing to Consider/Discuss/Act on a Site Plan for Two Office/Warehouse Buildings (Redbud Central), Located on the Northwest Corner of Redbud Boulevard and Central Circle CITY OF McKINNEY, TEXAS Page 5 Printed on 10/28/2016 City Council Regular Meeting Agenda November 1, 2016 Attachments: 10.11.16 PZ Minutes PZ Report Standard Conditions Checklist Location Map and Aerial Exhibit Letter of Intent Ex. PD Ord. 1563 Proposed Site Plan Proposed Landscape Plan PowerPoint Presentation 16-183SU3 Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit and Site Plan Request to Allow for a Wholesale Retail and Tire Service Center with a Motor Vehicle Fuel Sales Facility (Costco), Located on the Northeast Corner of U.S. Highway 380 (University Drive) and Hardin Boulevard, and Accompanying Ordinance Attachments: 09.13.16 PZ Minutes 10.11.16 PZ Minutes PZ Report Standard Conditions Checklist Location Map and Aerial Exhibit Letter of Intent Proposed Site Plan Proposed Landscape Plan Proposed Ordinance Proposed Exhibits A-C PowerPoint Presentation 16-248SU2 Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for a Restaurant with Drive-Through Window (Victory @ Lake Forest), Located on the Northwest Corner of Collin McKinney Parkway and Lake Forest Drive, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 6 Printed on 10/28/2016 City Council Regular Meeting Agenda November 1, 2016 Attachments: PZ Minutes PZ Report Location Map and Aerial Exhibit Letter of Intent Proposed Ordinance Proposed Exhibits A-C PowerPoint Presentation 16-1120 Conduct a Public Hearing to Consider/Discuss/Act on a Sign Variance Request by Site Enhancement Services, Appealing the Denial of a Sign Permit for Wall Signage at Advance Auto Parts, Located at the Northeast Corner of West University Drive and North Church Street Attachments: Advanced Auto Letter of Intent Advanced Auto - Submittal (09-15-16) 16-296M2 Conduct a Public Hearing to Consider/Discuss/Act on an Ordinance Amending Chapter 146-130 (Vehicle Parking) of the Code of Ordinances, the Creation of Chapter 138, Article VII (Donation Collection Containers) of the Code of Ordinances, and an Amendment to Appendix A (Schedule of Fees) of the Code of Ordinances Attachments: Draft P&Z Minutes Donation Bin Court Opinion Lawsuit Article Proposed 146-130 Changes Proposed Chapter 138 Article VII - Donation Bins Regulations Proposed Ordinance for Adoption 16-1121 Consider/Discuss/Act on an Ordinance Amending the 1999 Municipal Annexation Plan Attachments: 1999 Annexation Plan Proposed Ordinance Exhibit A Presentation CITY OF McKINNEY, TEXAS Page 7 Printed on 10/28/2016 City Council Regular Meeting Agenda November 1, 2016 16-1057 Consider/Discuss/Act on a Resolution of the City Council of the City of McKinney, Texas, Adopting a Policy for the Review and Consideration of Requests for Resolutions in Support of Housing Developments Seeking or Utilizing Low Income Housing Tax Credits and Providing for an Effective Date Upon Passage Attachments: Resolution Sample Resolution In Support Sample Resolution Non-Objection Sample Resolution Opposition 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: • Annexation Process • Development Agreement negotiations regarding approximately 28.3 acres in the Elias Alexander survey, known as “Craig Ranch IV and V” B. Section 551.071 (A) Pending or contemplated litigation • Arch Resorts, LLC v. the City of McKinney, Texas, and Rick Herzberger, Chief Building Official of the City Of McKinney, Texas, No. 219-01855-2015, 219th District Court of Collin County, Texas • Joe Cavagnaro, Jr. v. DWW Golf Management, LLC and City of McKinney; City of McKinney v. DWW Golf Management, LLC; DWW Golf Management, LLC v. Strambler Enterprises, Inc. and Gregory Lewis; Cause No. 219-04415-2014 CITY OF McKINNEY, TEXAS Page 8 Printed on 10/28/2016 City Council Regular Meeting Agenda November 1, 2016 C. Section 551.072. Deliberations about Real Property • Municipal Facilities D. Section 551.087 – Discuss Economic Development Matters • Project A140 – Project Rest • Project A146 – Project Frost • Project A159 – Project Cuisine • Project A160 – Project Champion ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with the Texas Government Code, Chapter 551, on the 27th day of October, 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 10/28/2016

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