City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, May 1, 2018 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, TX 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final May 1, 2018 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Pastor Deborah Bradford, New Jerusalem Baptist Church CITIZEN COMMENTS Presentation by the Rotary Clubs of McKinney of their Donation to the All Abilities Playground at Bonnie Wenk Park Motorcycle Safety & Awareness Month Proclamation Building Safety Month Proclamation Recognizing State Yo-Yo Champion Philip Pacific CONSENT AGENDA A motion was made by Council member Elliott, 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 April 16, 2018 This that this Minutes be Approved by consent roll call Minutes of the City Council Regular Meeting of April 17, 2018 This that this Minutes be Approved by consent roll call Minutes of the Community Grants Advisory Commission Meeting of November 16, 2017 This that this Minutes be Approved by consent roll call Minutes of the Library Advisory Board Meeting of March 15, 2018 This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final May 1, 2018 Minutes of the McKinney Arts Commission Meeting of January 18, 2017 This that this Minutes be Approved by consent roll call Amended Minutes of the McKinney Convention and Visitors Bureau Marketing Committee Meeting of March 5, 2018 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention and Visitors Bureau Finance Committee Meeting of March 26, 2018 This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention and Visitors Bureau Board Meeting of March 27, 2018 This that this Minutes be Approved by consent roll call Minutes of the McKinney Economic Development Corporation Special Meeting of March 6, 2018 This that this Minutes be Approved by consent roll call Minutes of the McKinney Economic Development Corporation Meeting of March 20, 2018 This that this Minutes be Approved by consent roll call Minutes of the McKinney Housing Finance Corporation Meeting of October 27, 2017 This that this Minutes be Approved by consent roll call RESOLUTIONS Consider/Discuss/Act on a Resolution Authorizing the City Manager to Apply for and Accept, if Awarded, a HOME Investments Partnerships Program Tenant Based Rental Assistance (TBRA) Grant Through the Texas Department of Housing and Community Affairs (TDHCA) 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, a HOME Investments Partnerships Program Homebuyer Assistance (HBA) Grant Through the Texas Department of Housing and Community Affairs (TDHCA) This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final May 1, 2018 Apply for and Accept, if Awarded, a HOME Investments Partnerships Program Homeowner Rehabilitation Assistance (HRA) Grant Through the Texas Department of Housing and Community Affairs (TDHCA) This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Participate in Execution of Special Warranty Deed for Property Being Lot 426B, McKinney Outlots Addition, aka 416 W. Standifer Street, City of McKinney, Collin County, Texas A motion was made by Council member Shemwell, 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 Participate in Execution of Special Warranty Deed for Property Being Lot 2, Block E, Shorts Addition, aka 601 E. Standifer Street, City of McKinney, Collin County, Texas 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 Establishing the School Zone Summer Hours for Each School Holding Summer School in 2018 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, Traffic Signal Data Sharing and WAZE Data Sharing Grants Through the North Central Texas Council of Governments (NCTCOG) This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Nominating IBG Real Estate Holdings II, Inc. to the Office of the Governor, Economic Development and Tourism and the Economic Development Bank for Designation as a Qualified Business and Enterprise Project Under the Texas Enterprise Zone Program Under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code This that this Resolution be Approved by consent roll call MISCELLANEOUS Consider/Discuss/Act on a Site Plan for Two Medical Office Buildings (McKinney Ortho), Located Approximately 200 Feet South of Eldorado CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final May 1, 2018 Parkway and Approximately 275 Feet East of Highlands Drive This that this Agenda Item 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. Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Professional Services Contract with Bureau Veritas North America, Inc. (BVNA) of Plano Texas for Third Party Code Compliance Services Related to the Plan Review and/or Inspection of Permitted Construction in the City of McKinney, Texas 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. Conduct a Public Hearing to Consider/Discuss/Act on a Signage Meritorious Exception Request for a 75’ Vertical Tower Display for Cinemark Theater, Located at the Southwest Corner of Hardin Boulevard and U.S. Highway 380 (University Drive) A motion was made by Council member Shemwell, seconded by Council member Rogers,that this Agenda Item be Approved Closing Public Hearing . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Signage Meritorious Exception Request for a 75’ Vertical Tower Display for Cinemark Theater, Located at the Southwest Corner of Hardin Boulevard and U.S. Highway 380 (University Drive) Conduct a Public Hearing to Consider/Discuss/Act on a Signage Meritorious Exception Request for a 75’ Vertical Tower Display for Cinemark Theater, Located at the Southwest Corner of Hardin Boulevard and U.S. Highway 380 (University Drive) A motion was made by Council member Rogers, seconded by Mayor Fuller,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2017-2018 Annual Budget and Amending the 2018-2022 Capital Improvements Program, to Provide Funds for Additional Improvements at Bonnie Wenk Phase 2 A motion was made by Council member Rogers, seconded by Council member Elliott,that this Ordinance be Approved . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final May 1, 2018 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Increase the Not to Exceed Amount for the Construction Contract with Cooper General Contractors of Plano, Texas by $800,000 and to Execute Change Order(s) as Necessary in Order to Construct Additional Improvements at Bonnie Wenk Park 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. Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Supplemental Agreements with Teague, Nall, and Perkins, Inc, to Perform a Drainage Study of the Upper Portion of the Warden Creek Watershed A motion was made by Council member Shemwell, seconded by Council member Rogers,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance Repealing Article IV, “Electioneering” Sections 38-70 Through 38-74 of the Code of Ordinances and Adopting a New Article IV, “Electioneering” Sections 38-70 Through 38-74 A motion was made by Council member Philips, seconded by Council member Rogers,that this Ordinance be Approved . The motion carried by the following vote. 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 5 City Council Regular Meeting Minutes - Final May 1, 2018 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. • Third Amendment to 2012 Development Agreement by and between Trinity Falls Holdings, LP and the City of McKinney B. Section 551.071 (A) Pending or contemplated litigation • Devin Huffines, Jacob Thomas, Aaron Harris, Brent Connett, and Matthew Langston v. City of McKinney, Texas C. Section 551.072. Deliberations about Real Property • A189 - Project Topflight ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Council member Shemwell, seconded by Council member Elliott,that this be Approved . The motion carried by the following vote. Posted in accordance with the Texas Government Code, Chapter 551, on the 27th day of April, 2018 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. 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