City Council Regular Meeting

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, December 17, 2019 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, TX 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final December 17, 2019 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE INFORMATION SHARING Presentation of Planning Department Awards PUBLIC COMMENTS ON AGENDA ITEMS (For Non-Public Hearing Agenda Items) If you wish to address the City Council on a posted item on this agenda, please fill out a "Request to Speak" card and present it to the City Secretary prior to the meeting. Pursuant to Section 551.007 of the Texas Government Code, any person wishing to address the City Council for items listed as public hearings will be recognized when the public hearing is opened. Speakers wishing to address the City Ccouncil regarding any non-public hearing item on this agenda shall have a time limit of three (3) minutes per speaker, per agenda item. The Mayor may reduce the speaker time limit uniformly to accommodate the number of speakers or improve meeting efficiency. CONSENT AGENDA A motion was made by Council member Elliott, seconded by Franklin,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 McKinney City Council Regular Meeting of December 4, 2018 This that this Minutes be Approved by consent roll call Minutes of the McKinney City Council Regular Meeting of December 18, 2018 This that this Minutes be Approved by consent roll call Minutes of the McKinney City Council Regular Meeting of December 3, 2019 This that this Minutes be Approved by consent roll call Minutes of the McKinney City Council Work Session of December 3, 2019 CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final December 17, 2019 This that this Minutes be Approved by consent roll call Minutes of the Community Grants Advisory Commission Meeting of May 30, 2019 This that this Minutes be Approved by consent roll call Minutes of the Visit McKinney Board Meeting of October 29, 2019 This that this Minutes be Approved by consent roll call ORDINANCES Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2019-2020 Annual Budget and the 2020-2024 Capital Improvements Program to Provide Funds for Information Technology, Telecommunications and Security Infrastructure for Project AI1744, Western TKI Executive Terminal. This that this Ordinance be Approved by consent roll call Consider/Discuss/Act on Ordinance Amending the Fiscal Year 2019-2020 Budget to Re-appropriate Projects/Items Carried from Last Fiscal Year This that this Ordinance be Approved by consent roll call Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2019-2020 Budget for MCVB, MEDC and MCDC to Re-appropriate Projects/Items Carried from Last Fiscal Year 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 with Kimley-Horn and Associates, Inc. for Professional Engineering Design Services for the Rockhill Road Improvements Project (ST1911) and Any Necessary Supplemental Agreements 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 2 City Council Regular Meeting Minutes - Final December 17, 2019 Conduct a Public Hearing to Consider/Discuss/Act on the CDBG Consolidated Annual Performance Evaluation Report (CAPER) A motion was made by Council member Shemwell, seconded by Franklin,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 Resolution of the City Council of the City of McKinney, Texas, Regarding the Application of the “McKinney Flats” 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 Mayor Fuller, seconded by Council member Shemwell,that this Resolution be Close the public hearing . The motion carried by the following vote. A motion was made by Council member Shemwell, seconded by Franklin,that this Resolution be Approved . The motion carried by the following vote. A motion was made by Council member Shemwell, seconded by Franklin,that this Resolution be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Variance to a Site Plan for Floor & Décor, Located on the North Side of U.S. Highway 380 (University Drive) and on the East Side of Skyline Drive A motion was made by Franklin, seconded by Council member Frazier,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 Variance to a Site Plan for Floor & Décor, Located on the North Side of U.S. Highway 380 (University Drive) and on the East Side of Skyline Drive Conduct a Public Hearing to Consider/Discuss/Act on a Variance to a Site Plan for Floor & Décor, Located on the North Side of U.S. Highway 380 (University Drive) and on the East Side of Skyline Drive A motion was made by Franklin, seconded by Council member Frazier,that this Agenda Item be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Variance to a Site Plan for Floor & Décor, Located on the North Side of U.S. Highway 380 (University Drive) and on the East Side of Skyline Drive Conduct a Public Hearing to Consider/Discuss/Act on a Variance to a Site Plan for Floor & Décor, Located on the North Side of U.S. Highway 380 (University Drive) and on the East Side of Skyline Drive A motion was made by Franklin, seconded by Council member Frazier,that this Agenda Item be Approved . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final December 17, 2019 Conduct a Public Hearing to Consider/Discuss/Act on a Request by to Amend Chapter 138 Article III Regulations for Mobile Homes, Manufactured Homes and Recreational Vehicles; Amending Appendix A Schedule of Fees and Sections 126-43 and 126-64 of the Code of Ordinances of the City of McKinney Texas A motion was made by Council member Philips, seconded by Franklin,that this Ordinance be Close the public hearing . The motion carried by the following vote. A motion was made by Council member Philips, seconded by Franklin,that this Ordinance be Approved . The motion carried by the following vote. A motion was made by Council member Philips, seconded by Franklin,that this Ordinance 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 McKee Utility Contractors, Inc. for the Construction of the Custer Road Utility Relocations Project (WA1630) 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. Conduct a Public Hearing to Consider/Discuss/Act on a Variance to a Site Plan for Floor & Décor, Located on the North Side of U.S. Highway 380 (University Drive) and on the East Side of Skyline Drive Consider/Discuss/Act on a Civil Ethics Complaint - Shemwell, L. 2019-11-12 A motion was made by Mayor Fuller, seconded by Council member Rogers,that this Agenda Item be Approved . The motion carried by the following vote. CITIZEN COMMENTS ON 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 4 City Council Regular Meeting Minutes - Final December 17, 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) B. Section 551.071 (A) Pending or contemplated litigation - 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 C. Section 551.072. Deliberations about Real Property - Municipal Facilities D. Section 551.074. Personnel Matters - Ethics Complaint - Shemwell, L.2019-11-12 - Presiding Municipal Court Judge Annual Review E. Section 551.087. Deliberation Regarding Economic Development Matters - Project Lotus - Southern Land Company / Stonebridge Drive ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Mayor Fuller, seconded by Council member Rogers,that this be Adjourn . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final December 17, 2019 Posted in accordance with the Texas Government Code, Chapter 551, on or before the 14th day of December, 2019 at 6:00 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 6