City Council Regular Meeting
Regular MeetingMcKinney, TX · August 15, 2017
Minutes
CITY OF McKINNEY, TEXAS
Minutes - Final
Tuesday, August 15, 2017
6:00 PM
Jack Hatchell Collin County
Administration Building
4th Floor – Commissioners Court
2300
City Bloomdale
Council - McKinney,
Regular TX
Meeting
City Council Regular Meeting Minutes - Final August 15, 2017
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation given by Pastor DeWayne Owens, Kingdom Faith Bible Church
INFORMATION SHARING
Proclamation Proclaiming Hannah Falk Day
Recognition of McKinney’s First Place Finish at the 2017 Texas State
Lifeguard Competition
CITIZEN COMMENTS
CONSENT AGENDA
A motion was made by Council member Rath, seconded by Council member
Shemwell,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 Regular Meeting of July 31, 2017
This that this Minutes be Approved by consent roll call
Minutes of the City Council Budget Work Session of August 4, 2017
This that this Minutes be Approved by consent roll call
Minutes of the Board of Adjustment Meeting of May 31, 2017
This that this Minutes be Approved by consent roll call
Minutes of the Board of Adjustment Meeting of June 28, 2017
This that this Minutes be Approved by consent roll call
Minutes of the Library Advisory Board Meeting of June 15, 2017
This that this Minutes be Approved by consent roll call
CITY OF McKINNEY, TEXAS Page 1
City Council Regular Meeting Minutes - Final August 15, 2017
Minutes of the McKinney Armed Services Memorial Board Meeting of
June 14, 2017
This that this Minutes be Approved by consent roll call
Minutes of the McKinney Convention and Visitors Bureau Board Meeting
of May 23, 2017
This that this Minutes be Approved by consent roll call
Minutes of the McKinney Convention and Visitors Bureau Finance
Committee Meeting of May 22, 2017
This that this Minutes be Approved by consent roll call
Minutes of the McKinney Convention and Visitors Bureau Board Special
Meeting of June 6, 2017
This that this Minutes be Approved by consent roll call
Minutes of the Parks, Recreation and Open Space Advisory Board
Meeting of June 8, 2017
This that this Minutes be Approved by consent roll call
Minutes of the Planning and Zoning Commission Regular Meeting of July
25, 2017
This that this Minutes be Approved by consent roll call
CONSENT AGENDA
A motion was made by Council member Rogers, seconded by Council member
Elliott,that this be Approved . The motion carried by the following vote.
RESOLUTIONS
Consider/Discuss/Act on a Resolution Authorizing the Execution and
Sale to the North Texas Municipal Water District of a Water Line
Easement Consisting of Two Parts, 0.570 Acres of Land with a 0.774
acre Temporary Construction Easement and 0.386 Acres of Land with a
1.176 Acres Temporary Construction Easement in the John R. Jones
Survey, Abstract No. 497, Collin County, Texas, and Generally Located in
the Vicinity of Redbud Boulevard and Bloomdale Road in the amount of
$108,948.00; and Authorizing the City Manager to Execute Easements
and Documents Regarding the Sale of Said Easements Across
City-Owned Property to the North Texas Municipal Water District
This that this Resolution be Approved by consent roll call
Consider/Discuss/Act on a Resolution Approving Freese & Nichols, Inc.
CITY OF McKINNEY, TEXAS Page 2
City Council Regular Meeting Minutes - Final August 15, 2017
as a Qualified Firm to Provide Construction Inspection Services
This that this Resolution be Approved by consent roll call
Consider/Discuss/Act on a Resolution Authorizing the City Manager to
Execute a Contract and All Necessary Supplemental Agreements with
Freese and Nichols, Inc., to Conduct a Drainage Study of the Stover
Creek Watershed
A motion was made by Council member Philips, seconded by Council member
Branch,that this Resolution be Approved Denial . The motion carried by the
following vote.
Consider/Discuss/Act on a Resolution Recommending City Council to
Reject all Proposals Received for 17-64RFP Vision Benefits
This that this Resolution be Approved by consent roll call
Consider/Discuss/Act on a Resolution Authorizing an Interlocal
Agreement with Collin County for Jail Services
This that this Resolution be Approved by consent roll call
Consider/Discuss/Act on a Resolution of the City of McKinney, Texas,
Authorizing the City Manager to Amend the Project Agreement with the
Texas State Soil and Water Conservation Board (TSSWCB) for State
Funding for the Dam Rehabilitation Project (CIP # DR5093) at United
States Department of Agriculture (USDA) Natural Resources
Conservation Service (NRCS) East Fork Above Lavon (EFAL)
Floodwater Retarding Structure (FRS) Site 4, Also Known as Brinkmann
Ranch Lake
This that this Resolution be Approved by consent roll call
Consider/Discuss/Act on a Resolution of the City of McKinney, Texas,
Authorizing the City Manager to Amend the Project Agreement with the
NRCS for the Lake 2A Dam Rehabilitation Project
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.
CITY OF McKINNEY, TEXAS Page 3
City Council Regular Meeting Minutes - Final August 15, 2017
Conduct a Public Hearing to Consider/Discuss/Act on a Resolution
Approving the 2017-2018 Community Development Block Grant (CDBG)
Annual Action Plan
A motion was made by Council member Rath, seconded by Council member
Shemwell,that this Resolution be Approved . The motion carried by the
following vote.
Conduct a Public Hearing to Consider and Discuss the 2017 Municipal
Annexation Plan, Including the Proposed Annexation of Approximately
218 Acres of Land, of Which 49 Acres is Generally Located North of CR
857 and East of Custer Road (and is Referred to as Sub-Area 17-1) and
169 Acres is Generally Located Along the North Side of US Highway 380
(University Drive) and is East of FM 1827 (New Hope Road) and West of
CR 337 (and is Referred to as Sub-Area 17-2)
A motion was made by Council member Branch, seconded by Council member
Elliott,that this Agenda Item be Approved Closing Public Hearing . The motion
carried by the following vote.
Conduct First Public Hearing on Proposed Tax Rate for Fiscal Year
2017-18 (Tax Year 2017)
A motion was made by Council member Branch, seconded by Council member
Rogers,that this Agenda Item be Approved Closing Public Hearing . The motion
carried by the following vote.
Consider/Discuss/Act Upon Adoption of a Resolution Determining a
Public Necessity to Acquire Certain Properties for Public Use by Eminent
Domain for Right-of-Way (in Fee Simple), Drainage Easements, Water
Line Easements, Access Easements and Temporary Construction
Easements for the Construction, Access and Maintenance of the Trinity
Falls Parkway Project and Related Infrastructure Commencing in the
Vicinity of its Intersection with FM 543 and Continuing Southwesterly
Along Trinity Falls Parkway to the Existing Connection to Laud Howell
Parkway; Authorizing the City Manager to Establish Procedures for
Acquiring the Right of Way (in Fee Simple) and Easements on Said
Properties, and Take All Steps Necessary to Acquire the Needed
Property Rights in Compliance with all Applicable Laws and Resolutions
A motion was made by Council member Shemwell, seconded by Council
member Elliott,that this Resolution be Approved . The motion carried by the
following vote.
Consider/Discuss/Act on an Amendment to Section 122-4 of the Code of
Ordinances Pertaining to Permitting in the Extraterritorial Jurisdiction
(ETJ)
A motion was made by Council member Rogers, seconded by Council member
Rath,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 15, 2017
Consider/Discuss/Act on a Resolution Approving Chapter 380 Economic
Development Agreement Between the City of McKinney, Texas, and
McKinney SH I, LTD, for the Construction of a Portion of Bois D’ Arc
Road, Generally Between U.S. Highway 380 and Crowe Lane
A motion was made by Council member Branch, seconded by Council member
Rogers,that this Resolution be Tabled Indefinitely . The motion carried by the
following vote.
Consider/Discuss/Act on a Resolution Authorizing the City Manager to
Execute an Interlocal Cooperation Agreement between the City of
McKinney and the North Texas Municipal Water District (NTMWD), for the
Construction and Connection of a NTMWD Meter Vault and Related
Improvements, Generally Located on the West Side of Redbud Boulevard
and Approximately 1,400 Feet South of Bloomdale Road
A motion was made by Council member Rath, seconded by Council member
Rogers,that this Resolution be Approved . The motion carried by the following
vote.
Consider/Discuss/Act on a Resolution Authorizing the City Manager to
Execute a Chapter 380 Agreement with Independent Bank Group, Inc.
A motion was made by Council member Philips, seconded by Council member
Shemwell,that this Resolution be Approved . The motion carried by the
following vote.
Consider/Discuss/Act on an Amended and Restated Lease Agreement
with DSE Hockey Centers, L.P. for an Expansion of the McKinney
StarCenter
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.
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 August 15, 2017
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
• Petition of the Cities of Garland, Mesquite, Plano, and Richardson Appealing
Wholesale Water Rates Implemented by North Texas Municipal Water District, PUC
Docket No. 46662, Public Utility Commission of Texas
• Application of Brazos Electric Power Cooperative, Inc. for Amendment to its
Certificate of Convenience and Necessity for a 138-KV Transmission Line in Collin
County, PUC Docket No. 46429, Public Utility Commission of Texas
• City of McKinney v. Newland Communities/Club Corp.
C. Section 551.072. Deliberations about Real Property
• Municipal Facilities
D. Section 551.087 – Discuss Economic Development Matters
• Project A146 – Project Frost
• Project A171 – Project Skywalker
• Project A179 – Project Summit
ACTION ON EXECUTIVE SESSION ITEMS
ADJOURN
A motion was made by Council member Branch, seconded by Council member
Shemwell,that this be Adjourn . The motion carried by the following vote.
CITY OF McKINNEY, TEXAS Page 6
City Council Regular Meeting Minutes - Final August 15, 2017
Posted in accordance with the Texas Government Code, Chapter 551, on the 11th day of
August, 2017 at or before 5:00 p.m.
___________________________
Sandy Hart, TRMC, MMC
City Secretary
In accordance with the Americans with Disabilities Act, it is the policy of the City of
McKinney to offer its public programs, services, and meetings in a manner that is readily
accessible to everyone, including individuals with disabilities. If you are a person with a
disability and require information or materials in an appropriate alternative format; or if
you require any other accommodation, please contact the ADA Coordinator at least 48
hours in advance of the event. Phone 972-547-2694 or email
contact-adacompliance@mckinneytexas.org. Advance notification within this guideline
will enable the City to make reasonable arrangements to ensure accessibility. ADA
grievances may also be directed to the ADA Coordinator or filed online at
http://www.mckinneytexas.org/ada.
CITY OF McKINNEY, TEXAS Page 7
Agenda
CITY OF McKINNEY, TEXAS
Agenda
City Council Regular Meeting
Tuesday, August 15, 2017 6:00 PM Jack Hatchell Collin County
Administration Building
4th Floor – Commissioners Court
2300 Bloomdale - McKinney, TX
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation given by Pastor DeWayne Owens, Kingdom Faith Bible Church
INFORMATION SHARING
17-814 Proclamation Proclaiming Hannah Falk Day
Attachments: Proclamation
17-815 Recognition of McKinney’s First Place Finish at the 2017
Texas State Lifeguard Competition
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
17-816 Minutes of the City Council Regular Meeting of July 31, 2017
Attachments: Minutes
17-817 Minutes of the City Council Budget Work Session of August
4, 2017
Attachments: Minutes
CITY OF McKINNEY, TEXAS Page 1 Printed on 8/11/2017
City Council Regular Meeting Agenda August 15, 2017
17-735 Minutes of the Board of Adjustment Meeting of May 31, 2017
Attachments: Minutes
17-736 Minutes of the Board of Adjustment Meeting of June 28,
2017
Attachments: Minutes
17-732 Minutes of the Library Advisory Board Meeting of June 15,
2017
Attachments: Minutes
17-792 Minutes of the McKinney Armed Services Memorial Board
Meeting of June 14, 2017
Attachments: Minutes
17-738 Minutes of the McKinney Convention and Visitors Bureau
Board Meeting of May 23, 2017
Attachments: Minutes
17-739 Minutes of the McKinney Convention and Visitors Bureau
Finance Committee Meeting of May 22, 2017
Attachments: Minutes
17-740 Minutes of the McKinney Convention and Visitors Bureau
Board Special Meeting of June 6, 2017
Attachments: Minutes
17-795 Minutes of the Parks, Recreation and Open Space Advisory
Board Meeting of June 8, 2017
Attachments: Minutes
17-782 Minutes of the Planning and Zoning Commission Regular
Meeting of July 25, 2017
Attachments: Minutes
RESOLUTIONS
CITY OF McKINNEY, TEXAS Page 2 Printed on 8/11/2017
City Council Regular Meeting Agenda August 15, 2017
17-818 Consider/Discuss/Act on a Resolution Authorizing the
Execution and Sale to the North Texas Municipal Water
District of a Water Line Easement Consisting of Two Parts,
0.570 Acres of Land with a 0.774 acre Temporary
Construction Easement and 0.386 Acres of Land with a
1.176 Acres Temporary Construction Easement in the John
R. Jones Survey, Abstract No. 497, Collin County, Texas,
and Generally Located in the Vicinity of Redbud Boulevard
and Bloomdale Road in the amount of $108,948.00; and
Authorizing the City Manager to Execute Easements and
Documents Regarding the Sale of Said Easements Across
City-Owned Property to the North Texas Municipal Water
District
Attachments: Resolution
Location Map
17-819 Consider/Discuss/Act on a Resolution Approving Freese &
Nichols, Inc. as a Qualified Firm to Provide Construction
Inspection Services
Attachments: Resolution
17-820 Consider/Discuss/Act on a Resolution Authorizing the City
Manager to Execute a Contract and All Necessary
Supplemental Agreements with Freese and Nichols, Inc., to
Conduct a Drainage Study of the Stover Creek Watershed
Attachments: Resolution
Location Map
17-821 Consider/Discuss/Act on a Resolution Recommending City
Council to Reject all Proposals Received for 17-64RFP
Vision Benefits
Attachments: Resolution
17-822 Consider/Discuss/Act on a Resolution Authorizing an
Interlocal Agreement with Collin County for Jail Services
Attachments: Resolution
Interlocal Jail Agreement
CITY OF McKINNEY, TEXAS Page 3 Printed on 8/11/2017
City Council Regular Meeting Agenda August 15, 2017
17-823 Consider/Discuss/Act on a Resolution of the City of
McKinney, Texas, Authorizing the City Manager to Amend
the Project Agreement with the Texas State Soil and Water
Conservation Board (TSSWCB) for State Funding for the
Dam Rehabilitation Project (CIP # DR5093) at United States
Department of Agriculture (USDA) Natural Resources
Conservation Service (NRCS) East Fork Above Lavon
(EFAL) Floodwater Retarding Structure (FRS) Site 4, Also
Known as Brinkmann Ranch Lake
Attachments: Resolution
Location Map
Amendment
Original Agreement (for reference only)
17-824 Consider/Discuss/Act on a Resolution of the City of
McKinney, Texas, Authorizing the City Manager to Amend
the Project Agreement with the NRCS for the Lake 2A Dam
Rehabilitation Project
Attachments: Resolution
Amendment 4 to NRCS Project Agreement
69-7442-14-985
Location Map
END OF CONSENT
REGULAR AGENDA AND PUBLIC HEARINGS
This portion of the agenda consists of items requiring individual consideration by the
Council.
17-825 Conduct a Public Hearing to Consider/Discuss/Act on a
Resolution Approving the 2017-2018 Community
Development Block Grant (CDBG) Annual Action Plan
Attachments: Resolution
Substantial Amendments to the Consolidated
Plan
2017-18 Annual Action Plan
CITY OF McKINNEY, TEXAS Page 4 Printed on 8/11/2017
City Council Regular Meeting Agenda August 15, 2017
17-201A Conduct a Public Hearing to Consider and Discuss the 2017
Municipal Annexation Plan, Including the Proposed
Annexation of Approximately 218 Acres of Land, of Which
49 Acres is Generally Located North of CR 857 and East of
Custer Road (and is Referred to as Sub-Area 17-1) and 169
Acres is Generally Located Along the North Side of US
Highway 380 (University Drive) and is East of FM 1827 (New
Hope Road) and West of CR 337 (and is Referred to as
Sub-Area 17-2)
Attachments: Location Map and Aerial Exhibit
2017 Municipal Annexation Policy
Proposed Service Plan
Presentation
17-826 Conduct First Public Hearing on Proposed Tax Rate for
Fiscal Year 2017-18 (Tax Year 2017)
Attachments: Presentation
17-827 Consider/Discuss/Act Upon Adoption of a Resolution
Determining a Public Necessity to Acquire Certain
Properties for Public Use by Eminent Domain for
Right-of-Way (in Fee Simple), Drainage Easements, Water
Line Easements, Access Easements and Temporary
Construction Easements for the Construction, Access and
Maintenance of the Trinity Falls Parkway Project and
Related Infrastructure Commencing in the Vicinity of its
Intersection with FM 543 and Continuing Southwesterly
Along Trinity Falls Parkway to the Existing Connection to
Laud Howell Parkway; Authorizing the City Manager to
Establish Procedures for Acquiring the Right of Way (in Fee
Simple) and Easements on Said Properties, and Take All
Steps Necessary to Acquire the Needed Property Rights in
Compliance with all Applicable Laws and Resolutions
Attachments: Resolution
Location Map
17-828 Consider/Discuss/Act on an Amendment to Section 122-4 of
the Code of Ordinances Pertaining to Permitting in the
Extraterritorial Jurisdiction (ETJ)
CITY OF McKINNEY, TEXAS Page 5 Printed on 8/11/2017
City Council Regular Meeting Agenda August 15, 2017
Attachments: Ordinance No. 2015-03-015
Proposed Changes to Sec 122-4
Proposed Ordinance for Adoption
16-052DA Consider/Discuss/Act on a Resolution Approving Chapter
380 Economic Development Agreement Between the City of
McKinney, Texas, and McKinney SH I, LTD, for the
Construction of a Portion of Bois D’ Arc Road, Generally
Between U.S. Highway 380 and Crowe Lane
Attachments: Resolution
Location Map and Aerial Exhibit
Overall Pavement Plan
17-050DA Consider/Discuss/Act on a Resolution Authorizing the City
Manager to Execute an Interlocal Cooperation Agreement
between the City of McKinney and the North Texas
Municipal Water District (NTMWD), for the Construction and
Connection of a NTMWD Meter Vault and Related
Improvements, Generally Located on the West Side of
Redbud Boulevard and Approximately 1,400 Feet South of
Bloomdale Road
Attachments: Resolution
Proposed NTMWD Agreement
Location Map and Aerial Exhibit
NTMWD Meter Vault Location Exhibit
17-829 Consider/Discuss/Act on a Resolution Authorizing the City
Manager to Execute a Chapter 380 Agreement with
Independent Bank Group, Inc.
Attachments: Resolution
Independent Bank 380 Agreement
17-830 Consider/Discuss/Act on an Amended and Restated Lease
Agreement with DSE Hockey Centers, L.P. for an Expansion
of the McKinney StarCenter
Attachments: StarCenter Amended Lease
Presentation
CITY OF McKINNEY, TEXAS Page 6 Printed on 8/11/2017
City Council Regular Meeting Agenda August 15, 2017
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
• Petition of the Cities of Garland, Mesquite, Plano, and Richardson Appealing
Wholesale Water Rates Implemented by North Texas Municipal Water District, PUC
Docket No. 46662, Public Utility Commission of Texas
• Application of Brazos Electric Power Cooperative, Inc. for Amendment to its
Certificate of Convenience and Necessity for a 138-KV Transmission Line in Collin
County, PUC Docket No. 46429, Public Utility Commission of Texas
• City of McKinney v. Newland Communities/Club Corp.
C. Section 551.072. Deliberations about Real Property
• Municipal Facilities
D. Section 551.087 – Discuss Economic Development Matters
• Project A146 – Project Frost
• Project A171 – Project Skywalker
• Project A179 – Project Summit
ACTION ON EXECUTIVE SESSION ITEMS
ADJOURN
CITY OF McKINNEY, TEXAS Page 7 Printed on 8/11/2017
City Council Regular Meeting Agenda August 15, 2017
Posted in accordance with the Texas Government Code, Chapter 551, on the 11th
day of August, 2017 at or before 5:00 p.m.
___________________________
Sandy Hart, TRMC, MMC
City Secretary
In accordance with the Americans with Disabilities Act, it is the policy of the City of
McKinney to offer its public programs, services, and meetings in a manner that is
readily accessible to everyone, including individuals with disabilities. If you are a
person with a disability and require information or materials in an appropriate
alternative format; or if you require any other accommodation, please contact the
ADA Coordinator at least 48 hours in advance of the event. Phone 972-547-2694 or
email contact-adacompliance@mckinneytexas.org. Advance notification within this
guideline will enable the City to make reasonable arrangements to ensure
accessibility. ADA grievances may also be directed to the ADA Coordinator or filed
online at http://www.mckinneytexas.org/ada.
CITY OF McKINNEY, TEXAS Page 8 Printed on 8/11/2017
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