City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, September 19, 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 September 19, 2017 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Minister Brad Cox, High Pointe Church of Christ INFORMATION SHARING Presentation of Achievement of Excellence in Procurement Award CITIZEN COMMENTS CONSENT AGENDA A motion was made by Council member Branch, seconded by Council member Philips,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 September 5, 2017 Minutes of the Historic Preservation Advisory Board Regular Meeting of July 6, 2017 Minutes of the McKinney Convention & Visitors Bureau Board Meeting of July 25, 2017 Minutes of the McKinney Convention and Visitors Bureau Finance Committee Meeting of July 24, 2017 Minutes of the Planning and Zoning Commission Regular Meeting of August 22, 2017 ORDINANCES Consider/Discuss/Act on an Ordinance Amendment for Deployment of Small Cell Network Nodes Technology within the City of McKinney CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final September 19, 2017 A motion was made by Council member Rath, seconded by Council member Elliott,that this Ordinance be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance Amending Section 30-85 of the Code of Ordinances of the City of McKinney by Establishing a Fee for Key Replacement A motion was made by Council member Rath, seconded by Council member Branch,that this Ordinance be Approved . The motion carried by the following vote. RESOLUTIONS Consider/Discuss/Act on a Resolution Awarding a Contract to Lynch Diversified Vehicles (LDV) of Burlington, Wisconsin for Customization Services of a Mobile Library Vehicle (Bookmobile) A motion was made by Council member Branch, seconded by Council member Shemwell,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Resolution Proposing the Development of a Comprehensive Public Transportation Plan for Collin County A motion was made by Council member Branch, seconded by Council member Shemwell,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 Contract with Rich Leidl, P.C. for Federal Legislative Services 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 a Resolution Authorizing the City Manager to Approve a Recipient-to-Recipient Rolling Stock Transfer A motion was made by Council member Branch, seconded by Council member Shemwell,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Resolution Awarding a Contract to Jerry Carpenter Excavating of Allen, Texas and North Texas Contracting of Keller, Texas for Erosion Control and Miscellaneous Drainage Repairs A motion was made by Council member Rath, seconded by Council member Elliott,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Resolution Awarding a Contract to Fitness Now LLC of Frisco, Texas for Personal Training Services at the Apex CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final September 19, 2017 Centre A motion was made by Council member Elliott, seconded by Council member Branch,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Resolution Authorizing the City Manager to Enter into Contracts/Agreements with Cigna Health and Life Insurance Company (Cigna) for Third Party Administrator Services for the Medical, Prescription Drugs and Dental Benefits Plans A motion was made by Council member Elliott, seconded by Council member Shemwell,that this Resolution 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 Second Public Hearing to Consider/Discuss/Act on the Adoption of the Budget Appropriation Ordinance for FY 2017-18 A motion was made by Council member Branch, seconded by Council member Elliott,that this Ordinance be Approved Closing Public Hearing . The motion carried by the following vote. Conduct Second Public Hearing to Consider/Discuss/Act on the Adoption of the Budget Appropriation Ordinance for FY 2017-18 Conduct Second Public Hearing to Consider/Discuss/Act on the Adoption of the Budget Appropriation Ordinance for FY 2017-18 A motion was made by Council member Rath, seconded by Mayor Fuller,that this Ordinance be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance to Ratify the Property Tax Revenue Increase in the Fiscal Year 2017-18 Budget as a Result of the City Receiving More Revenues from Property Taxes than the Previous Fiscal Year A motion was made by Council member Rath, seconded by Council member Rogers,that this Ordinance be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance Adopting a Tax Rate for Fiscal Year 2017-18 CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final September 19, 2017 A motion was made by Council member Rath, seconded by Council member Elliott,that this Ordinance be Approved . The motion carried by the following vote. A motion was made by Council member Branch, 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 a Request to Rezone the Subject Property from “PD” - Planned Development District and “REC” - Regional Employment Center Overlay District to “C1” - Neighborhood Commercial District, Located on the Northwest Corner of Collin McKinney Parkway and Village Park Drive, and Accompanying Ordinance A motion was made by Council member Rath, seconded by Council member Philips,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 and “REC” - Regional Employment Center Overlay District to “C1” - Neighborhood Commercial District, Located on the Northwest Corner of Collin McKinney Parkway and Village Park Drive, and Accompanying Ordinance 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 “C1” - Neighborhood Commercial District, Located on the Northwest Corner of Collin McKinney Parkway and Village Park Drive, and Accompanying Ordinance A motion was made by Council member Shemwell, 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 “C1” - Neighborhood Commercial District, Located Approximately 265 Feet West of Lake Forest Drive and on the North Side of Collin McKinney Parkway; and Accompanying Ordinance A motion was made by Council member Rogers, 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 “AG” - Agricultural District and “CC” - Corridor Commercial Overlay District to “C2” - Local Commercial District and “CC” - Corridor Commercial Overlay District Located on the North Side of U.S. Highway 380 (University Drive) and on the East and West Sides of Walnut Grove Road; and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final September 19, 2017 A motion was made by Council member Branch, seconded by Council member Rogers,that this Ordinance be Vetoed . The motion carried by the following vote. 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 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 Contract with Civil Consulting Group, PLLC for Professional Engineering Design Services for the Ridge Road Extension Project from US 380 to Wilmeth Road and Any Necessary Supplemental Agreements A motion was made by Council member Rogers, seconded by Council member Branch,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 Contract and All Necessary Change Orders with S.J. Louis Construction of Texas, Ltd. for the Construction of the Redbud Pump Station 794 PP Transmission Water Line A motion was made by Council member Rath, seconded by Council member Elliott,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 Real Estate Donation Contract for Lot 1, Block A of the Greens of McKinney, Approximately 73 Acres 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 a Resolution Authorizing the City Manager to Sign an Extension to the Parking Garage Development Agreement and Related Documents for Six Months to Analyze Further Options for the Garage A motion was made by Mayor Fuller, 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 All Necessary Development Agreements in Association with the Pending Municipal Annexations Generally Located in the Northwest Sector of McKinney CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final September 19, 2017 A motion was made by Council member Rogers, seconded by Council member Shemwell,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on the Need for a Service Plan for the Future Annexation of Properties Generally Located in the Northwest Sector of the City of McKinney A motion was made by Council member Shemwell, seconded by Council member Rogers,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 6 City Council Regular Meeting Minutes - Final September 19, 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 • City of McAllen; City of Dallas; City of Irving; City of Brownsville; City of Sugarland; City of Mission; City of Pharr; City of Coppell; City of Weslaco; City of Alamo; City of Midlothian; City of Highland Village; City of Seagoville; City of Alton; City of Boerne; City of Roma; City of Rockport; City of Laferia; City of Lucas; City of Balcones Heights; City of South Padre Island; City of Simonton; and Jim Darling, in both his official capacity as Mayor of the City of McAllen and individual capacity, Plaintiffs v. The State of Texas; Greg Abbott, sued in his official capacity as Governor of the State of Texas; and Ken Paxton, sued in his official capacity as Attorney General of Texas, Defendants. In the District Court of Travis County, Texas 353rd Judicial District Plaintiffs' Original Petition, Cause No. D-1-GN-17-004766 C. Section 551.072. Deliberations about Real Property • Municipal Facilities D. Section 551.087 – Discuss Economic Development Matters • Project A171 – Project Skywalker • Project A182 – Project River ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Council member Philips, seconded by Council member Rogers,that this be Approved . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 7 City Council Regular Meeting Minutes - Final September 19, 2017 Posted in accordance with the Texas Government Code, Chapter 551, on the 15th day of September, 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