City Council Regular Meeting
Regular MeetingMcKinney, TX · December 6, 2016
Minutes
CITY OF McKINNEY, TEXAS
Minutes - Final
Tuesday, December 6, 2016
6:00 PM
Council Chambers
222 N. Tennessee Street
McKinney, Texas 75069
City Council Regular Meeting
City Council Regular Meeting Minutes - Final December 6, 2016
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation given by Reverend Brendan Kimbrough, St. Peter's Episcopal Church
CITIZEN COMMENTS
CONSENT AGENDA
A motion was made by Council member Ussery, seconded by Council member
Rogers,that this be Approved . The motion carried by the following vote.
CONSENT AGENDA
A motion was made by Council member Ussery, seconded by Mayor Pro-Tem
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 November 14, 2016
This that this Minutes be Approved by consent roll call
Minutes of the City Council Regular Meeting of November 15, 2016
This that this Minutes be Approved by consent roll call
Minutes of the Community Grants Advisory Commission Meeting of
October 20, 2016
This that this Minutes be Approved by consent roll call
Minutes of the Library Advisory Board Meeting of October 20, 2016
This that this Minutes be Approved by consent roll call
Minutes of the Main Street Board Meeting of October 13, 2016
This that this Minutes be Approved by consent roll call
Minutes of the McKinney Armed Services Memorial Board Meeting of
October 12, 2016
CITY OF McKINNEY, TEXAS Page 1
City Council Regular Meeting Minutes - Final December 6, 2016
This that this Minutes be Approved by consent roll call
Minutes of the McKinney Community Development Corporation
Meeting of October 27, 2016
This that this Minutes be Approved by consent roll call
Minutes of the McKinney Economic Development Corporation Meeting
of October 18, 2016
This that this Minutes be Approved by consent roll call
Minutes of the Parks, Recreation and Open Space Advisory Board
Meeting of October 13, 2016
This that this Minutes be Approved by consent roll call
Minutes of the Planning and Zoning Commission Work Session of
October 25, 2016
This that this Minutes be Approved by consent roll call
Minutes of the Planning and Zoning Commission Regular Meeting of
October 25, 2016
This that this Minutes be Approved by consent roll call
ORDINANCES
Consider/Discuss/Act on an Ordinance Amending the Fiscal Year
2016-2017 Annual Budget to Fund a New Project for Creek
Improvements Needed to Address Erosion in an Unnamed Tributary of
Jean’s Creek Through the Westwood Park Addition
This that this Ordinance be Approved by consent roll call
RESOLUTIONS
Consider/Discuss/Act on a Resolution Authorizing the City Manager to
Execute a Contract and All Necessary Supplemental Agreements with
HDR Engineering, Inc., to Design Improvements Needed to Address
Erosion in an Unnamed Tributary of Jean’s Creek Through the
Westwood Park Addition
This that this Resolution be Approved by consent roll call
Consider/Discuss/Act on a Resolution Authorizing the City Manager to
Execute Development Agreements Associated with the City of
McKinney’s Pending 2017 Municipal Annexation Plan
CITY OF McKINNEY, TEXAS Page 2
City Council Regular Meeting Minutes - Final December 6, 2016
This that this Resolution be Approved by consent roll call
Consider/Discuss/Act on a Resolution Authorizing the City Manager to
Execute a Contract Amendment to the Professional Services Contract
with Freese and Nichols, Inc. of Fort Worth, Texas for Additional
Professional and Engineering Services Related to the Water System
Nitrification Action Plan Project - Phases 2 and 3
This that this Resolution be Approved by consent roll call
Consider/Discuss/Act on a Resolution Authorizing the City Manager to
Execute the Required Agreements with Active Network, LLC. for the
Registration Software and Supporting Hardware Platform for the
McKinney Aquatic and Fitness Center and Other Park Facilities
A motion was made by Mayor Pro-Tem Pogue, seconded by Council member
Rogers,that this Resolution be Tabled to Another Meeting . The motion carried
by the following vote.
Consider/Discuss/Act on a Resolution Authorizing the City Manager to
Execute the Sale of City-Owned Land (Former F.M. 543 ROW) to an
Adjacent Property Owner Generally Located at the Northwest Corner
of Laud Howell Parkway and Central Expressway
This that this Resolution 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 of
the City Council of the City of McKinney, Texas, Regarding the
Application of the “Throckmorton Villas” to the Texas Department of
Housing and Community Affairs (TDHCA), for 4% Tax Credits for the
Construction of Multi-Family Units Within the Development
A motion was made by Council member Ussery, seconded by Mayor Pro-Tem
Pogue,that this Resolution be Approved Closing Public Hearing . The motion
carried by the following vote.
A motion was made by Mayor Pro-Tem Pogue, seconded by Council member
Rath,that this Resolution be Tabled to Another Meeting . 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
CITY OF McKINNEY, TEXAS Page 3
City Council Regular Meeting Minutes - Final December 6, 2016
District and “CC” - Corridor Commercial Overlay District to “C2” - Local
Commercial District and “CC” - Corridor Commercial Overlay District,
Located on the Southwest Corner of U.S Highway 380 (University
Drive) and Hardin Boulevard, and Accompanying Ordinance
A motion was made by Council member Rogers, seconded by Mayor Pro-Tem
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 “C3” -
Regional Commercial District and “CC” - Corridor Commercial Overlay
District, Located Approximately 500 Feet West of Hardin Boulevard
and on the North Side of U.S. Highway 380 (University Drive), and
Accompanying Ordinance
A motion was made by Mayor Pro-Tem Pogue, seconded by Council member
Rath,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 to Allow for Additional Fueling Pumps for a Service
Station with a Convenience Store (7-Eleven), Located on the
Southwest Corner of Wilmeth Road and Lake Forest Drive, and
Accompanying Ordinance (WITHDRAWN BY APPLICANT)
A motion was made by Mayor Pro-Tem Pogue, seconded by Council member
Ussery,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 “PD” - Planned Development
District to “PD” - Planned Development District, Generally to Modify the
Development Standards, Generally Located at the Northern Terminus
of Tremont Boulevard and Along the Northern Side of Darrow Drive,
and Accompanying Ordinance
A motion was made by Council member Ussery, seconded by Council member
Rogers,that this Ordinance be Approved . The motion carried by the following
vote.
Conduct a Public Hearing to Consider/Discuss/Act on the CDBG
Consolidated Annual Performance Evaluation Report (CAPER)
A motion was made by Mayor Pro-Tem Pogue, seconded by Council member
Day,that this Agenda Item be Approved Closing Public Hearing . The motion
carried by the following vote.
A motion was made by Council member Rath, seconded by Council member
Ussery,that this Agenda Item be Approved . The motion carried by the
following vote.
CITY OF McKINNEY, TEXAS Page 4
City Council Regular Meeting Minutes - Final December 6, 2016
Consider/Discuss/Act on a Resolution Approving Funding
Recommendations under the FY 2017 Community Support Grant
A motion was made by Council member Rath, seconded by Mayor Pro-Tem
Pogue,that this Resolution be Approved . The motion carried by the following
vote.
Consider/Discuss/Act on Designating Chairman of the Reinvestment
Zone Number One
A motion was made by Council member Ussery, seconded by Mayor Pro-Tem
Pogue,that this Agenda Item be Approved . The motion carried by the following
vote.
Consider/Discuss/Act on Designating Chairman of the Reinvestment
Zone Number Two
A motion was made by Council member Day, seconded by Council member
Rath,that this Agenda Item be Approved . The motion carried by the following
vote.
Consider/Discuss/Act on a Resolution Authorizing the City Manager to
Execute a Contract Amendment to the Construction Manager at Risk
(CMAR) Services Contract with Pogue Construction Company, LP of
McKinney, Texas for a Guaranteed Maximum Price (GMP) Related to
the Construction of the Public Safety Support Building Located at 2750
Community Avenue, McKinney, TX 75071
A motion was made by Council member Rogers, seconded by Council member
Ussery,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
CITY OF McKINNEY, TEXAS Page 5
City Council Regular Meeting Minutes - Final December 6, 2016
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:
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, v. Collin County, Texas, No. 219-
01855-2015, 219th District Court of Collin County, Texas
• The City of McKinney, Texas, v. Custer Storage Center, LLC v. Collin County,
Texas, No. 401-03649-2015, 401st District Court of Collin County, Texas
C. Section 551.074 Discuss Personnel Matters
• City Manager Transition
D. Section 551.072. Deliberations about Real Property
• Municipal Facilities
E. Section 551.087 – Discuss Economic Development Matters
• Chapter 380 Economic Development Program and Agreement for Cross F Ranch
by and between McKinney Ranch Ltd., Honey Creek Investments, LLC and Barcelona
93, Ltd. and the City of McKinney
ACTION ON EXECUTIVE SESSION ITEMS
ADJOURN
A motion was made by Council member Ussery, seconded by Mayor Pro-Tem
Pogue,that this be Approved . The motion carried by the following vote.
Posted in accordance with the Texas Government Code, Chapter 551, on the 2nd day
of December, 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 6
Agenda
CITY OF McKINNEY, TEXAS
Agenda
City Council Regular Meeting
Tuesday, December 6, 2016 6:00 PM Council Chambers
222 N. Tennessee Street
McKinney, Texas 75069
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation given by Reverend Brendan Kimbrough, St. Peter's Episcopal Church
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
16-1191 Minutes of the City Council Work Session of November 14,
2016
Attachments: Minutes
16-1192 Minutes of the City Council Regular Meeting of November
15, 2016
Attachments: Minutes
16-1124 Minutes of the Community Grants Advisory Commission
Meeting of October 20, 2016
Attachments: Minutes
16-1171 Minutes of the Library Advisory Board Meeting of October 20,
2016
Attachments: Minutes
CITY OF McKINNEY, TEXAS Page 1 Printed on 12/2/2016
City Council Regular Meeting Agenda December 6, 2016
16-1132 Minutes of the Main Street Board Meeting of October 13,
2016
Attachments: Minutes
16-1127 Minutes of the McKinney Armed Services Memorial Board
Meeting of October 12, 2016
Attachments: Minutes
16-1142 Minutes of the McKinney Community Development
Corporation Meeting of October 27, 2016
Attachments: Minutes
16-1150 Minutes of the McKinney Economic Development
Corporation Meeting of October 18, 2016
Attachments: Minutes
16-1140 Minutes of the Parks, Recreation and Open Space Advisory
Board Meeting of October 13, 2016
Attachments: Minutes
16-1122 Minutes of the Planning and Zoning Commission Work
Session of October 25, 2016
Attachments: Minutes
16-1123 Minutes of the Planning and Zoning Commission Regular
Meeting of October 25, 2016
Attachments: Minutes
ORDINANCES
16-1193 Consider/Discuss/Act on an Ordinance Amending the Fiscal
Year 2016-2017 Annual Budget to Fund a New Project for
Creek Improvements Needed to Address Erosion in an
Unnamed Tributary of Jean’s Creek Through the Westwood
Park Addition
CITY OF McKINNEY, TEXAS Page 2 Printed on 12/2/2016
City Council Regular Meeting Agenda December 6, 2016
Attachments: Ordinance
Location Map
RESOLUTIONS
16-1194 Consider/Discuss/Act on a Resolution Authorizing the City
Manager to Execute a Contract and All Necessary
Supplemental Agreements with HDR Engineering, Inc., to
Design Improvements Needed to Address Erosion in an
Unnamed Tributary of Jean’s Creek Through the Westwood
Park Addition
Attachments: Resolution
Location Map
Engineering Services Proposal
16-1195 Consider/Discuss/Act on a Resolution Authorizing the City
Manager to Execute Development Agreements Associated
with the City of McKinney’s Pending 2017 Municipal
Annexation Plan
Attachments: Proposed Resolution
Development Agreement Template
Exhibit - Informational Only
16-1196 Consider/Discuss/Act on a Resolution Authorizing the City
Manager to Execute a Contract Amendment to the
Professional Services Contract with Freese and Nichols, Inc.
of Fort Worth, Texas for Additional Professional and
Engineering Services Related to the Water System
Nitrification Action Plan Project - Phases 2 and 3
Attachments: Resolution
16-1197 Consider/Discuss/Act on a Resolution Authorizing the City
Manager to Execute the Required Agreements with Active
Network, LLC for the Hosted Registration Software and
Supporting Hardware for the McKinney Apex Centre
Attachments: Resolution
Draft Contract
CITY OF McKINNEY, TEXAS Page 3 Printed on 12/2/2016
City Council Regular Meeting Agenda December 6, 2016
16-1198 Consider/Discuss/Act on a Resolution Authorizing the City
Manager to Execute the Sale of City-Owned Land (Former
F.M. 543 ROW) to an Adjacent Property Owner Generally
Located at the Northwest Corner of Laud Howell Parkway
and Central Expressway
Attachments: Proposed Resolution
Request to Purchase
Location Map
END OF CONSENT
REGULAR AGENDA AND PUBLIC HEARINGS
This portion of the agenda consists of items requiring individual consideration by the Council.
16-1199 Conduct a Public Hearing to Consider/Discuss/Act on a
Resolution of the City Council of the City of McKinney,
Texas, Regarding the Application of the “Throckmorton
Villas” to the Texas Department of Housing and Community
Affairs (TDHCA), for 4% Tax Credits for the Construction of
Multi-Family Units Within the Development
Attachments: Resolution of No Objection
Resolution of Support
Resolution of Opposition
Development Evaluation
Hold Harmless Agreement
16-200Z3 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
Southwest Corner of U.S Highway 380 (University Drive) and
Hardin Boulevard, and Accompanying Ordinance
CITY OF McKINNEY, TEXAS Page 4 Printed on 12/2/2016
City Council Regular Meeting Agenda December 6, 2016
Attachments: Draft PZ Minutes 11.08.16
PZ Report
Location Map and Aerial Exhibit
Letter of Intent
Comprehensive Plan Maps
Fiscal Analysis
Land Use and Tax Base Summary Map
Existing PD Ord. No. 1883
Proposed Ordinance
Proposed Exhibits A-B
PowerPoint Presentation
16-299Z2 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 “C3” - Regional Commercial District and
“CC” - Corridor Commercial Overlay District, Located
Approximately 500 Feet West of Hardin Boulevard and on the
North Side of U.S. Highway 380 (University Drive), and
Accompanying Ordinance
Attachments: DRAFT PZ Minutes 11.08.16
PZ Report
Location Map and Aerial Exhibit
Letter of Intent
Comprehensive Plan Maps
Land Use and Tax Base Summary Map
Existing PD Ord. No. 1687
Proposed Ordinance
Proposed Exhibits A-B
PowerPoint Presentation
16-280SU2 Conduct a Public Hearing to Consider/Discuss/Act on a
Specific Use Permit Request to Allow for Additional Fueling
Pumps for a Service Station with a Convenience Store
(7-Eleven), Located on the Southwest Corner of Wilmeth
Road and Lake Forest Drive, and Accompanying Ordinance
CITY OF McKINNEY, TEXAS Page 5 Printed on 12/2/2016
City Council Regular Meeting Agenda December 6, 2016
(WITHDRAWN BY APPLICANT)
Attachments: Draft PZ Minutes 11.08.16
Location Map and Aerial Exhibit
16-277Z2 Conduct a Public Hearing to Consider/Discuss/Act on a
Request to Rezone the Subject Property from “PD” - Planned
Development District to “PD” - Planned Development District,
Generally to Modify the Development Standards, Generally
Located at the Northern Terminus of Tremont Boulevard and
Along the Northern Side of Darrow Drive, and Accompanying
Ordinance
Attachments: DRAFT PZ Minutes 11.08.16
PZ Report
Location Map and Aerial Exhibit
Letter of Intent
Comprehensive Plan Maps
Land Use and Tax Base Summary
Ex. PD Ord. No. 2015-06-052
Proposed Ordinance
Proposed Exhibit A-C
PowerPoint Presentation
16-1200 Conduct a Public Hearing to Consider/Discuss/Act on the
Community Development Block Grant (CDBG) Consolidated
Annual Performance Evaluation Report (CAPER)
Attachments: Summary
16-1201 Consider/Discuss/Act on a Resolution Approving Funding
Recommendations under the FY 2017 Community Support
Grant
Attachments: Resolution
16-1202 Consider/Discuss/Act on Designating Chairman of the
Reinvestment Zone Number One
16-1203 Consider/Discuss/Act on Designating Chairman of the
CITY OF McKINNEY, TEXAS Page 6 Printed on 12/2/2016
City Council Regular Meeting Agenda December 6, 2016
Reinvestment Zone Number Two
16-1204 Consider/Discuss/Act on a Resolution Authorizing the City
Manager to Execute a Contract Amendment to the
Construction Manager at Risk (CMAR) Services Contract
with Pogue Construction Company, LP of McKinney, Texas
for a Guaranteed Maximum Price (GMP) Related to the
Construction of the Public Safety Support Building Located at
2750 Community Avenue, McKinney, TX 75071
Attachments: Resolution
GMP 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.
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:
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, v. Collin County, Texas, No. 219-01855
-2015, 219th District Court of Collin County, Texas
• The City of McKinney, Texas, v. Custer Storage Center, LLC v. Collin County,
Texas, No. 401-03649-2015, 401st District Court of Collin County, Texas
C. Section 551.074 Discuss Personnel Matters
• City Manager Transition
CITY OF McKINNEY, TEXAS Page 7 Printed on 12/2/2016
City Council Regular Meeting Agenda December 6, 2016
D. Section 551.072. Deliberations about Real Property
• Municipal Facilities
E. Section 551.087 – Discuss Economic Development Matters
• Chapter 380 Economic Development Program and Agreement for Cross F Ranch
by and between McKinney Ranch Ltd., Honey Creek Investments, LLC and Barcelona
93, Ltd. and the City of McKinney
ACTION ON EXECUTIVE SESSION ITEMS
ADJOURN
Posted in accordance with the Texas Government Code, Chapter 551, on the 2nd day
of December, 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 8 Printed on 12/2/2016
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