City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, April 16, 2019 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, TX 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final April 16, 2019 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Pastor Mark Berrier of Cross Road Christian Church Pledge of Allegiance led by Youth Members of Cross Road Christian Church INFORMATION SHARING Recognition of McKinney Boyd High School Engineering Student’s Donation to the Hall Memorial Library Recognition of McKinney Citizens Fire Academy Alumni Association “Traveling Axe” Award Sexual Assault Awareness and Prevention Proclamation Proclamation for 2019 National Community Development Week Proclamation for Census 2020 McKinney Complete Count Committee, Community Kickoff CITIZEN COMMENTS Regarding Agenda Items (Not Public Hearing Related) Up to 30 minutes allotted at this time for public comments regarding regular agenda items that are not a public hearing. Public Hearing comments will be allowed during the public hearing. CONSENT AGENDA A motion was made by Council member Rogers, 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 This that this Minutes be Approved by consent roll call This that this Minutes be Approved by consent roll call This that this Minutes be Approved by consent roll call Minutes of the McKinney Convention & Visitors Bureau Board Meeting of February 26, 2019. CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final April 16, 2019 This that this Minutes be Approved by consent roll call Minutes of the McKinney Community Development Corporation Meeting of February 28, 2019. This that this Minutes be Approved by consent roll call Minutes of the McKinney Community Development Corporation Promotional and Community Events Grant Subcommittee of Meeting of January 7, 2019. This that this Agenda Item be Approved by consent roll call Minutes of the Planning and Zoning Commission Regular Meeting of March 12, 2019 This that this Minutes be Approved by consent roll call RESOLUTIONS Consider/Discuss/Act on a Resolution Adopting a Modified North Texas Municipal Water District’s Model Water Conservation and Water Resource and Emergency Management Plan This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Supplemental Agreement with Terracon Consultants, Inc. for Materials Testing Services for the Virginia Parkway Lanes 5 & 6 Project from Ridge Road to US 75 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. Consider/Discuss/Act on a Resolution Approving Financial Support for a Federally Qualified Health Center 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. Citizen Input on the FY 2019 -20 Budget PUBLIC HEARINGS CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final April 16, 2019 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “RED-1” - Residential Estates District and “CC” - Corridor Commercial Overlay District to “C3” - Regional Commercial District and “CC” Corridor Commercial Overlay District, Located at the Northwest Corner of Rockhill Road and U.S. Highway 75 (Central Expressway), and Accompanying Ordinance A motion was made by Council member Shemwell, seconded by Council member Elliott,that this Agenda Item be Close the 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 “RED-1” - Residential Estates District and “CC” - Corridor Commercial Overlay District to “C3” - Regional Commercial District and “CC” Corridor Commercial Overlay District, Located at the Northwest Corner of Rockhill Road and U.S. Highway 75 (Central Expressway), and Accompanying Ordinance Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “RED-1” - Residential Estates District and “CC” - Corridor Commercial Overlay District to “C3” - Regional Commercial District and “CC” Corridor Commercial Overlay District, Located at the Northwest Corner of Rockhill Road and U.S. Highway 75 (Central Expressway), and Accompanying Ordinance A motion was made by Council member Shemwell, seconded by Council member Elliott,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 to Allow for Automobile Sales, Repair, and Storage Uses (McKinney Dodge), Located at the Northwest Corner of Rockhill Road and U.S. Highway 75 (Central Expressway), and Accompanying Ordinance A motion was made by Council member Branch, seconded by Council member Shemwell,that this Agenda Item be Close the public hearing . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit to Allow for Automobile Sales, Repair, and Storage Uses (McKinney Dodge), Located at the Northwest Corner of Rockhill Road and U.S. Highway 75 (Central Expressway), and Accompanying Ordinance Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit to Allow for Automobile Sales, Repair, and Storage Uses (McKinney Dodge), Located at the Northwest Corner of Rockhill Road and U.S. Highway 75 (Central Expressway), and Accompanying Ordinance A motion was made by Council member Branch, seconded by Council member Shemwell,that this Agenda Item be Approved . The motion carried by the CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final April 16, 2019 following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from "AG" - Agricultural District to "PD" - Planned Development District, Generally for Agricultural, Recreational, and Residential Uses, Located at 3933 County Road 317, and Accompanying Ordinance A motion was made by Council member Shemwell, seconded by Council member Branch,that this Agenda Item be Close the 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 "AG" - Agricultural District to "PD" - Planned Development District, Generally for Agricultural, Recreational, and Residential Uses, Located at 3933 County Road 317, and Accompanying Ordinance Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from "AG" - Agricultural District to "PD" - Planned Development District, Generally for Agricultural, Recreational, and Residential Uses, Located at 3933 County Road 317, and Accompanying Ordinance A motion was made by Council member Shemwell, 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 Request to Rezone the Subject Property from “PD” - Planned Development District and “REC” - Regional Employment Center Overlay District to “C2” - Local Commercial District, Located on the Northeast Corner of Custer Road and Silverado Trail, and Accompanying Ordinance A motion was made by Council member Branch, seconded by Council member Elliott,that this Ordinance be Close the 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 “C2” - Local Commercial District, Located on the Northeast Corner of Custer Road and Silverado Trail, 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 “C2” - Local Commercial District, Located on the Northeast Corner of Custer Road and Silverado Trail, and Accompanying Ordinance A motion was made by Council member Branch, seconded by Council member Elliott,that this Ordinance be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Request by the CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final April 16, 2019 City of McKinney to Amend Chapter 146 (Zoning Ordinance), Section 146-134 (Performance Standards) of the Code of Ordinances, and Accompanying Ordinance A motion was made by Council member Branch, seconded by Council member Rogers,that this Ordinance be Close the public hearing . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Amend Chapter 146 (Zoning Ordinance), Section 146-134 (Performance Standards) of the Code of Ordinances, and Accompanying Ordinance Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Amend Chapter 146 (Zoning Ordinance), Section 146-134 (Performance Standards) of the Code of Ordinances, and Accompanying Ordinance 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 "PD" - Planned Development District, Generally for School Uses, Located on the Northwest Corner of Collin McKinney Parkway and Stacy Road, and Accompanying Ordinance A motion was made by Council member Branch, seconded by Council member Elliott,that this Agenda Item be Close the 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 "PD" - Planned Development District, Generally for School Uses, Located on the Northwest Corner of Collin McKinney Parkway and Stacy Road, 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 "PD" - Planned Development District, Generally for School Uses, Located on the Northwest Corner of Collin McKinney Parkway and Stacy Road, and Accompanying Ordinance A motion was made by Council member Branch, seconded by Council member Elliott,that this Agenda Item be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Rezone the Subject Property from “AG” - Agricultural District, “ML” - Light Manufacturing District, “MH” - Heavy Manufacturing District, and “PD” - Planned Development District to “RO” - Regional CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final April 16, 2019 Office District, Located on the East Side of State Highway 5 (McDonald Street) and Approximately 100 Feet North of Crestwood Drive, and Accompanying Ordinance A motion was made by Council member Rath, seconded by Council member Shemwell,that this Ordinance be Close the public hearing . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Rezone the Subject Property from “AG” - Agricultural District, “ML” - Light Manufacturing District, “MH” - Heavy Manufacturing District, and “PD” - Planned Development District to “RO” - Regional Office District, Located on the East Side of State Highway 5 (McDonald Street) and Approximately 100 Feet North of Crestwood Drive, and Accompanying Ordinance Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Rezone the Subject Property from “AG” - Agricultural District, “ML” - Light Manufacturing District, “MH” - Heavy Manufacturing District, and “PD” - Planned Development District to “RO” - Regional Office District, Located on the East Side of State Highway 5 (McDonald Street) and Approximately 100 Feet North of Crestwood Drive, and Accompanying Ordinance A motion was made by Council member Rath, seconded by Council member Shemwell,that this Ordinance be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Façade Plan Appeal for a Hotel (Marriott Autograph Hotel Resort), Located on the Southwest Corner of Colling McKinney Parkway and Weiskopf Avenue (REQUEST TO BE TABLED) A motion was made by Council member Shemwell, seconded by Council member Rogers,that this Agenda Item be Close the public hearing . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Façade Plan Appeal for a Hotel (Marriott Autograph Hotel Resort), Located on the Southwest Corner of Collin McKinney Parkway and Weiskopf Avenue (REQUEST TO BE TABLED) Conduct a Public Hearing to Consider/Discuss/Act on a Façade Plan Appeal for a Hotel (Marriott Autograph Hotel Resort), Located on the Southwest Corner of Collin McKinney Parkway and Weiskopf Avenue (REQUEST TO BE TABLED) A motion was made by Council member Shemwell, seconded by Council member Rogers,that this Agenda Item be Tabled Indefinitely . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Site Plan for a Hotel (Marriott Autograph Hotel Resort), Located on the Southwest Corner of Collin McKinney Parkway and Weiskopf Avenue A motion was made by Council member Shemwell, seconded by Council CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final April 16, 2019 member Rogers,that this Agenda Item be Close the public hearing . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Site Plan for a Hotel (Marriott Autograph Hotel Resort), Located on the Southwest Corner of Collin McKinney Parkway and Weiskopf Avenue Conduct a Public Hearing to Consider/Discuss/Act on a Site Plan for a Hotel (Marriott Autograph Hotel Resort), Located on the Southwest Corner of Collin McKinney Parkway and Weiskopf Avenue 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 Regarding matters not on the agenda 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 7 City Council Regular Meeting Minutes - Final April 16, 2019 In Accordance with the Texas Government Code: A. Section 551.071(2) Consultations with Attorney on any Work Session, Special Session, or Regular Session agenda item requiring confidential attorney/client advice necessitated by the deliberation or discussion of said items (as needed) - DD CR IV, LLC, and DD CR V, LLC, Plaintiffs, v. City of McKinney, Texas; Paul Grimes, in his official capacity as City Manager of McKinney; and Michael Kowski, in his official capacity as Director of Parks and Recreation of McKinney, Defendants - Jeri Lynn Rich, as Representative for Gavrila Covaci Dupuis-Mays, an Incapacitated Person v. Michael Palko, Keith Duane Hudgens, and the City of McKinney, Texas B. Section 551.071 (A) Pending or contemplated litigation C. Section 551.072. Deliberations about Real Property - Municipal Facilities D. Section 551.074. Personnel Matters E. Section 551.087. Deliberation Regarding Economic Development Matters ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Council member Shemwell, seconded by Council member Branch,that this be Adjourn . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 8 City Council Regular Meeting Minutes - Final April 16, 2019 Posted in accordance with the Texas Government Code, Chapter 551, on the 12th day of April, 2019 at or before 5:00 p.m. ___________________________ Empress Drane 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 9