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City Council Regular Meeting

Regular Meeting

McKinney, TX · April 7, 2020

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Minutes

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, April 7, 2020 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, TX 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final April 7, 2020 WATCH THE BROADCAST LIVE This meeting will be broadcast live on cable television and through the City’s website. Members of the public who wish to watch this meeting may watch the live broadcast on: Spectrum Channel 16; AT&T U-Verse Channel 99; and online at http://mckinney.legistar.com Please note that a quorum of the City Council may not all be present at the same location. Some members may instead participate in this meeting from one or more remote locations in an effort to contain the spread of COVID-19. In addition, there may be occasions when the audio and/or video transmission may not be clear or may be interrupted. In those instances, the meeting will continue so long as a quorum is still present. CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE INFORMATION SHARING Proclamation for Sexual Assault Awareness and Prevention Month CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final April 7, 2020 PUBLIC COMMENTS ON AGENDA ITEMS (For Non-Public Hearing Agenda Items) Pursuant to Section 551.007 of the Texas Government Code, speakers wishing to address the City Council 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. Public Comments regarding agenda items, including Public Hearings, may be submitted by email to City Council at contact-citycouncil@mckinneytexas.org. To be included in the meeting record, emails regarding agenda items must be received between the time of this posting and 6:00 p.m. on Tuesday, April 7, 2020. 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 Emergency Meeting of March 27, 2020 This that this Minutes be Approved by consent roll call Minutes of the City Council Emergency Meeting of April 3, 2020 This that this Minutes be Approved by consent roll call Minutes of the Historic Preservation Advisory Board Meeting of September 5, 2019 This that this Minutes be Approved by consent roll call Minutes of the Historic Preservation Advisory Board Regular Meeting of December 5, 2019 This that this Minutes be Approved by consent roll call Minutes of the Main Street Board Meeting of January 9, 2020 This that this Minutes be Approved by consent roll call Minutes of the Main Street Board Meeting of February 12, 2020 This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final April 7, 2020 Minutes of the McKinney Economic Development Corporation Meeting of February 18, 2020 This that this Minutes be Approved by consent roll call Minutes of the Planning and Zoning Commission Regular Meeting of February 25, 2020 This that this Minutes be Approved by consent roll call ORDINANCES Consider/Discuss/Act on an Ordinance Amending Chapter 110, Entitled “Utilities” of the Code of Ordinances of the City of McKinney Texas through the Amendment of Section 110-1, “Definitions,” by Adding Definitions Thereto for the Phrases “Extraterritorial Jurisdiction” or “ETJ,” “Plumbing Code,” “Qualified Licensed Inspector,” “Retail Utility Service, ” and “Service,” and through the Amendment of Existing Article II Entitled “Water and Sewer Connections,” by Amending Sections 110-21 through 110-23 and 110-32, and Adding New Sections 110-47 through 110-51 as Set Forth Herein below, Repealing All Conflicting Ordinances; Reserving All Existing Rights and Remedies; Providing for Immunity; Providing for Injunctions; Providing a penalty; Providing for the Publication of the Caption of this Ordinance; and Providing for an Effective Date This that this Ordinance be Approved by consent roll call Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2019-2020 Annual Budget and Amending the 2020-2024 Capital Improvements Program, to Provide Funds for the Old Settlers Renovation Project This that this Ordinance be Approved by consent roll call RESOLUTIONS Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Amendment to the Design/Build (D/B) Services Agreement with ScoBilt Contractors, Inc. related to the Old Settler’s Recreation Center Renovation Project (PK4398) located at 1201 E. Louisiana Street, McKinney, Texas 75069 This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute the First Amendment to the Interlocal Agreement with McKinney Municipal Utility District No. 1 of Collin County for Funding the Construction of Trinity Falls Parkway from Laud Howell Parkway to FM CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final April 7, 2020 543 This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Kleinfelder for Materials Testing Services on the Main Replacements & Street Rehab (Northwood Park / Westwood Park Area) Project (CO1902) This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with BGE, Inc. for Professional Engineering Design Services for the Eldorado and Custer Intersection / Bridge Improvements Project (ST1838) and Any Necessary Supplemental Agreements This that this Resolution be Approved by consent roll call END OF CONSENT CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final April 7, 2020 PLAT CONSIDERATION UNDER TEXAS LOCAL GOVERNMENT CODE CHAPTER 212 The items under this subcategory require separate consideration pursuant to the Texas Local Government Code. The staff recommendation in each item describe the necessary form of action required on each plat. A “Motion to Approve these items in accordance with staff’s recommendation” will result in approval, approval with conditions or disapproval as such are contained in § 212.009 of the Texas Local Government Code. Consider/Discuss/Act on a Preliminary-Final Plat for Lake Forest Phase II, Located on the East Side of Lake Forest Drive and Approximately 900 Feet South of McKinney Ranch Parkway Consider/Discuss/Act on a Conveyance Plat for Lots 1 and 2, Block A, of Hardin Crossing Addition, Located on the Southwest Corner of Hardin Boulevard and Virginia Parkway Consider/Discuss/Act on a Conveyance Plat for Lot 2, Block B, of the Parcel 1505 Addition, Located at the North Side of Virginia Parkway and Approximately 450 Feet West of Independence Parkway CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final April 7, 2020 Consider/Discuss/Act on a Preliminary-Final Plat for Princeton Crossing, Located in the ETJ of McKinney on the Southeast Corner of County Road 412 and County Road 409 A motion was made by Mayor Fuller, seconded by Council member Philips,that this Agenda Item be Tabled Indefinitely . The motion carried by the following vote. REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 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, to Allow for Single Family Residential Detached Uses and Generally to Modify the Development Standards, Located Approximately 3,075 Feet South of U.S. Highway 380 (University Drive) and on the West Side of Lake Forest Drive and Accompanying Ordinance A motion was made by Council member Philips, 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 "AG" - Agricultural District to "PD" - Planned Development District, to Allow for Single Family Residential Detached Uses and Generally to Modify the Development Standards, Located Approximately 3,075 Feet South of U.S. Highway 380 (University Drive) and on the West Side of Lake Forest Drive 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, to Allow for Single Family Residential Detached Uses and Generally to Modify the Development Standards, Located Approximately 3,075 Feet South of U.S. Highway 380 (University Drive) and on the West Side of Lake Forest Drive and Accompanying Ordinance A motion was made by Council member Philips, seconded by Council member Elliott,that this Ordinance be Approved . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final April 7, 2020 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Change Orders with Douglas Dailey Construction, LLC for the Main Replacements & Street Rehab (Northwood Park / Westwood Park Area) Project (CO1902) A motion was made by Council member Elliott, seconded by Council member Franklin,that this Resolution be Approved . The motion carried by the following vote. Conduct Public Hearing to Consider/Discuss/Act on Substantial Amendments to City of McKinney 2019-2020 Annual Action Plan for the Community Development Block Grant (CDBG) A motion was made by Council member Shemwell, seconded by Council member Franklin,that this Agenda Item be Close the public hearing . The motion carried by the following vote. Conduct Public Hearing to Consider/Discuss/Act on Substantial Amendments to City of McKinney 2019-2020 Annual Action Plan for the Community Development Block Grant (CDBG) Conduct Public Hearing to Consider/Discuss/Act on Substantial Amendments to City of McKinney 2019-2020 Annual Action Plan for the Community Development Block Grant (CDBG) A motion was made by Council member Shemwell, seconded by Council member Franklin,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on Appointing a Member to the Historic Preservation Advisory Board (HPAB) A motion was made by Council member Philips, seconded by Council member Elliott,that this Agenda Item be Approved . The motion carried by the following vote. CITIZEN COMMENTS ON MATTERS NOT ON THE AGENDA Speakers shall have a time limit of three (3) minutes. This meeting segment is limited to thirty (30) minutes. Public Comments regarding non-agenda items may be submitted by email to City Council at contact-citycouncil@mckinneytexas.org. To be included in the meeting record, emails regarding non-agenda items must be received between the time of this posting and 6:00 p.m. on Tuesday, April 7, 2020. COUNCIL AND MANAGER COMMENTS CITY OF McKINNEY, TEXAS Page 7 City Council Regular Meeting Minutes - Final April 7, 2020 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 8 City Council Regular Meeting Minutes - Final April 7, 2020 EXECUTIVE SESSION 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 - City of McKinney, Texas vs. Westerra Stonebridge, L.P., Newland Real Estate Group, LLC d/b/a Newland Communities, LLC, and ClubCorp Golf of Texas, L.P. 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 - Project Moe - Project Beppo ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Council member Philips, seconded by Council member Elliott,that this be Adjourn . The motion carried by the following vote. Posted in accordance with the Texas Government Code, Chapter 551, on or before the 4th day of April, 2020 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 9 City Council Regular Meeting Minutes - Final April 7, 2020 CITY OF McKINNEY, TEXAS Page 10

Agenda

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Tuesday, April 7, 2020 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, TX 75069 WATCH THE BROADCAST LIVE This meeting will be broadcast live on cable television and through the City’s website. Members of the public who wish to watch this meeting may watch the live broadcast on: Spectrum Channel 16; AT&T U-Verse Channel 99; and online at http://mckinney.legistar.com Please note that a quorum of the City Council may not all be present at the same location. Some members may instead participate in this meeting from one or more remote locations in an effort to contain the spread of COVID-19. In addition, there may be occasions when the audio and/or video transmission may not be clear or may be interrupted. In those instances, the meeting will continue so long as a quorum is still present. CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE INFORMATION SHARING 20-0268 Proclamation for Sexual Assault Awareness and Prevention Month Attachments: Proclamation CITY OF McKINNEY, TEXAS Page 1 Printed on 4/3/2020 City Council Regular Meeting Agenda April 7, 2020 PUBLIC COMMENTS ON AGENDA ITEMS (For Non-Public Hearing Agenda Items) Pursuant to Section 551.007 of the Texas Government Code, speakers wishing to address the City Council 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. Public Comments regarding agenda items, including Public Hearings, may be submitted by email to City Council at contact-citycouncil@mckinneytexas.org. To be included in the meeting record, emails regarding agenda items must be received between the time of this posting and 6:00 p.m. on Tuesday, April 7, 2020. 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 20-0269 Minutes of the City Council Emergency Meeting of March 27, 2020 Attachments: Minutes 20-0270 Minutes of the City Council Emergency Meeting of April 3, 2020 Attachments: Minutes Minutes - Appendix A 19-0910 Minutes of the Historic Preservation Advisory Board Meeting of September 5, 2019 Attachments: Minutes 20-0113 Minutes of the Historic Preservation Advisory Board Regular Meeting of December 5, 2019 Attachments: Minutes 20-0235 Minutes of the Main Street Board Meeting of January 9, 2020 Attachments: Minutes CITY OF McKINNEY, TEXAS Page 2 Printed on 4/3/2020 City Council Regular Meeting Agenda April 7, 2020 20-0236 Minutes of the Main Street Board Meeting of February 12, 2020 Attachments: Minutes 20-0262 Minutes of the McKinney Economic Development Corporation Meeting of February 18, 2020 Attachments: Minutes 20-0234 Minutes of the Planning and Zoning Commission Regular Meeting of February 25, 2020 Attachments: Minutes ORDINANCES 20-0271 Consider/Discuss/Act on an Ordinance Amending Chapter 110, Entitled “Utilities” of the Code of Ordinances of the City of McKinney Texas through the Amendment of Section 110-1, “Definitions,” by Adding Definitions Thereto for the Phrases “Extraterritorial Jurisdiction” or “ETJ,” “Plumbing Code,” “Qualified Licensed Inspector,” “Retail Utility Service,” and “Service,” and through the Amendment of Existing Article II Entitled “Water and Sewer Connections,” by Amending Sections 110-21 through 110-23 and 110-32, and Adding New Sections 110-47 through 110-51 as Set Forth Herein below, Repealing All Conflicting Ordinances; Reserving All Existing Rights and Remedies; Providing for Immunity; Providing for Injunctions; Providing a penalty; Providing for the Publication of the Caption of this Ordinance; and Providing for an Effective Date Attachments: Ordinance Ordinance (Redline) 20-0272 Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2019-2020 Annual Budget and Amending the 2020-2024 Capital Improvements Program, to Provide Funds for the Old Settlers Renovation Project Attachments: Ordinance CITY OF McKINNEY, TEXAS Page 3 Printed on 4/3/2020 City Council Regular Meeting Agenda April 7, 2020 RESOLUTIONS 20-0273 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Amendment to the Design/Build (D/B) Services Agreement with ScoBilt Contractors, Inc. related to the Old Settler’s Recreation Center Renovation Project (PK4398) located at 1201 E. Louisiana Street, McKinney, Texas 75069 Attachments: Resolution 20-0274 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute the First Amendment to the Interlocal Agreement with McKinney Municipal Utility District No. 1 of Collin County for Funding the Construction of Trinity Falls Parkway from Laud Howell Parkway to FM 543 Attachments: Resolution ILA - First Amendment 20-0275 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Kleinfelder for Materials Testing Services on the Main Replacements & Street Rehab (Northwood Park / Westwood Park Area) Project (CO1902) Attachments: Resolution Location Map 20-0276 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with BGE, Inc. for Professional Engineering Design Services for the Eldorado and Custer Intersection / Bridge Improvements Project (ST1838) and Any Necessary Supplemental Agreements Attachments: Resolution Location Map END OF CONSENT CITY OF McKINNEY, TEXAS Page 4 Printed on 4/3/2020 City Council Regular Meeting Agenda April 7, 2020 PLAT CONSIDERATION UNDER TEXAS LOCAL GOVERNMENT CODE CHAPTER 212 The items under this subcategory require separate consideration pursuant to the Texas Local Government Code. The staff recommendation in each item describe the necessary form of action required on each plat. A “Motion to Approve these items in accordance with staff’s recommendation” will result in approval, approval with conditions or disapproval as such are contained in § 212.009 of the Texas Local Government Code. 20-0011PF2 Consider/Discuss/Act on a Preliminary-Final Plat for Lake Forest Phase II, Located on the East Side of Lake Forest Drive and Approximately 900 Feet South of McKinney Ranch Parkway Attachments: CC Minutes 2.18.2020 Location Map and Aerial Exhibit Letter of Intent Proposed Preliminary Final Plat Standard Conditions Checklist 19-0210CVP Consider/Discuss/Act on a Conveyance Plat for Lots 1 and 2, 2 Block A, of Hardin Crossing Addition, Located on the Southwest Corner of Hardin Boulevard and Virginia Parkway Attachments: CC Minutes 1.7.2020 Location Map and Aerial Exhibit Letter of Intent Proposed Conveyance Plat Conditions of Approval Summary 20-0038CVP Consider/Discuss/Act on a Conveyance Plat for Lot 2, Block B, of the Parcel 1505 Addition, Located at the North Side of Virginia Parkway and Approximately 450 Feet West of Independence Parkway Attachments: Location Map and Aerial Exhibit Letter of Intent Proposed Conveyance Plat Conditions of Approval Summary CITY OF McKINNEY, TEXAS Page 5 Printed on 4/3/2020 City Council Regular Meeting Agenda April 7, 2020 19-0092PF Consider/Discuss/Act on a Preliminary-Final Plat for Princeton Crossing, Located in the ETJ of McKinney on the Southeast Corner of County Road 412 and County Road 409 Attachments: Location Map and Aerial Exhibit Letter of Intent Summary for Denial Standard Conditions Checklist Proposed Preliminary-Final Plat REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 20-0005Z2 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, to Allow for Single Family Residential Detached Uses and Generally to Modify the Development Standards, Located Approximately 3,075 Feet South of U.S. Highway 380 (University Drive) and on the West Side of Lake Forest Drive and Accompanying Ordinance Attachments: PZ Minutes 3.10.20 Letter of Intent Location Map and Aerial Exhibit Comprehensive Plan Maps Established Community District Placetype Definitions Fiscal Analysis Land Use Comparison Table Proposed Ordinance Proposed Exhibits A-C Presentation CITY OF McKINNEY, TEXAS Page 6 Printed on 4/3/2020 City Council Regular Meeting Agenda April 7, 2020 20-0277 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Change Orders with Douglas Dailey Construction, LLC for the Main Replacements & Street Rehab (Northwood Park / Westwood Park Area) Project (CO1902) Attachments: Resolution Location Map Recommendation of Award 20-0278 Conduct Public Hearing to Consider/Discuss/Act on Substantial Amendments to City of McKinney 2019-2020 Annual Action Plan for the Community Development Block Grant (CDBG) Attachments: Substantial Amendment Packet 20-0258 Consider/Discuss/Act on Appointing a Member to the Historic Preservation Advisory Board (HPAB) Attachments: About HPAB Member Application CITIZEN COMMENTS ON MATTERS NOT ON THE AGENDA Speakers shall have a time limit of three (3) minutes. This meeting segment is limited to thirty (30) minutes. Public Comments regarding non-agenda items may be submitted by email to City Council at contact-citycouncil@mckinneytexas.org. To be included in the meeting record, emails regarding non-agenda items must be received between the time of this posting and 6:00 p.m. on Tuesday, April 7, 2020. 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 7 Printed on 4/3/2020 City Council Regular Meeting Agenda April 7, 2020 EXECUTIVE SESSION 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 - City of McKinney, Texas vs. Westerra Stonebridge, L.P., Newland Real Estate Group, LLC d/b/a Newland Communities, LLC, and ClubCorp Golf of Texas, L.P. 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 - Project Moe - Project Beppo ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with the Texas Government Code, Chapter 551, on or before the 4th day of April, 2020 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 8 Printed on 4/3/2020

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