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City Council Regular Meeting

Regular Meeting

McKinney, TX · April 21, 2020

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Minutes

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, April 21, 2020 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, TX 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final April 21, 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 PROCLAMATIONS Proclamation for National Fair Housing and Community Development Month Proclamation for Administrative Professionals Week 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 21, 2020. CONSENT AGENDA A motion was made by Council member Elliott, seconded by Council member Franklin,that this be Approved . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final April 21, 2020 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 7, 2020 This that this Minutes be Approved by consent roll call Minutes of the City Council Regular Meeting of April 7, 2020 This that this Minutes be Approved by consent roll call Minutes of the Animal Service Facility Advisory Committee Meeting November 28, 2018 This that this Minutes be Approved by consent roll call Minutes of the Animal Service Facility Advisory Committee Meeting February 13, 2019 This that this Minutes be Approved by consent roll call Minutes of the Animal Service Facility Advisory Committee Meeting August 28, 2019 This that this Minutes be Approved by consent roll call Minutes of the Animal Service Facility Advisory Committee Meeting of October 30, 2019 This that this Minutes be Approved by consent roll call Minutes of the Board of Adjustment Meeting of May 15, 2019 This that this Minutes be Approved by consent roll call Minutes of the Board of Adjustment Meeting of June 12, 2019 This that this Minutes be Approved by consent roll call Minutes of the Board of Adjustment Meeting of June 26, 2019 This that this Minutes be Approved by consent roll call Minutes of the Board of Adjustment Meeting of July 31, 2019 This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final April 21, 2020 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 the Runway 18-36 Joint Rehabilitation Project (AI2064-Airfield Pavement Rehabilitation) at the McKinney National Airport; and Providing an Effective Date This that this Ordinance be Approved by consent roll call RESOLUTIONS Consider/Discuss/Act on a Resolution Amending Resolution Number 2020-02-025 (R), Authorizing the City Manager to Apply for, Accept, Reject, Alter or Terminate, a Grant from the U. S. Department of Justice, Administered Through the State of Texas, Office of the Governor, for a Victims of Crime Act (VOCA) Grant, to Fund a Victim Advocate This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Professional Services Contract with VAI Architects, Inc. (VAI) of Addison, Texas for Architectural and Engineering Services Related to the Public Safety Building (PSB) Phase 5 Expansion and Renovation Project Located at 2200 Taylor Burk Drive, McKinney, Texas 75071 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 Grant from the Texas Historic Courthouse Preservation Program, in an Amount not to Exceed $3,000,000, for Preservation and Repairs to the McKinney Performing Arts Center at the Historic Collin County Courthouse This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the ‘McKinney Strong’ COVID-19 Business Grant Program; and Providing an Effective Date This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution of the City of McKinney, Texas Finding that Oncor Electric Delivery Company LLC’s Application for Approval to Amend its Distribution Cost Recovery Factor Pursuant to Increase Distribution Rates Within the City Should be Denied; Authorizing Participation with Oncor Cities Steering Committee; Authorizing the Hiring of Legal Counsel and Consulting Services; Finding that the City ’s Reasonable Rate Case Expenses Shall be Reimbursed by the CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final April 21, 2020 Company; Finding that the Meeting at Which this Resolution is Passed is Open to the Public as Required by Law; Requiring Notice of this Resolution to the Company and Legal Counsel. This that this Resolution be Approved by consent roll call END OF CONSENT 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 Trinity Falls Planning Unit 7 South, Located North of County Road 228 and West of County Road 206 A motion was made by Council member Franklin, seconded by Council member Frazier,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Preliminary-Final Replat for the Danielle at Craig Ranch, Located on the Northeast Corner of Collin McKinney Parkway and Millie Way A motion was made by Council member Rogers, seconded by Council member Philips,that this Agenda Item be Approved . 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 Resolution Regarding the Application of “Kinwood Apartments” to the Texas Department of Housing and Community Affairs (TDHCA), for 4% Tax Credits for the Acquisition and Rehabilitation of Multi-Family Units Within the Development A motion was made by Council member Elliott, seconded by Council member Rogers,that this Resolution be Close the public hearing . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final April 21, 2020 Conduct a Public Hearing to Consider/Discuss/Act on a Resolution Regarding the Application of “Kinwood Apartments” to the Texas Department of Housing and Community Affairs (TDHCA), for 4% Tax Credits for the Acquisition and Rehabilitation of Multi-Family Units Within the Development Conduct a Public Hearing to Consider/Discuss/Act on a Resolution Regarding the Application of “Kinwood Apartments” to the Texas Department of Housing and Community Affairs (TDHCA), for 4% Tax Credits for the Acquisition and Rehabilitation of Multi-Family Units Within the Development A motion was made by Council member Elliott, seconded by Council member Rogers,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance of the City Council of the City of McKinney, Texas, Amending and Restating Ordinance No. 2020-03-025 Declaring a Local State of Disaster Due to a Public Health Emergency in Response to the COVID-19 Virus Outbreak, Pursuant to the Texas Disaster Act of 1975, Chapter 418, Texas Government Code and Chapter 122 of the Texas Health and Safety Code; Providing a Penalty; Providing for the Publication of the Caption of this Ordinance; and Providing for an Effective Date A motion was made by Council member Philips, seconded by Council member Frazier,that this Ordinance be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Resolution of the City Council of the City of McKinney, Texas, Strongly Urging That All McKinney Landlords and Tenants (Both Commercial and Residential) Work Together to Minimize the Adverse Human and Financial Impacts Associated with the Owning and Leasing of Real Property During the COVID-19 Pandemic; and Providing for an Effective Date A motion was made by Council member Elliott, seconded by Council member Rogers,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on Appointing a Member to the North Texas Municipal Water District (NTMWD) Board of Directors A motion was made by Council member Elliott, seconded by Council member Frazier,that this Agenda Item be Approved . The motion carried by the following vote. CITIZEN COMMENTS ON MATTERS NOT ON THE AGENDA CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final April 21, 2020 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 21, 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. 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 - First Amended Non-Exclusive Revocable License Agreement by and between KLA International Sports Management, LLC and the City of McKinney, Texas - 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 E. Section 551.087. Deliberation Regarding Economic Development Matters - Project Pegasus - McKinney HUB 121 ACTION ON EXECUTIVE SESSION ITEMS CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final April 21, 2020 ADJOURN A motion was made by Council member Franklin, seconded by Council member Frazier,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 18th 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 7

Agenda

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Tuesday, April 21, 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 PROCLAMATIONS 20-0320 Proclamation for National Fair Housing and Community Development Month Attachments: Proclamation 20-0321 Proclamation for Administrative Professionals Week Attachments: Proclamation PUBLIC COMMENTS ON AGENDA ITEMS (For Non-Public Hearing Agenda Items) CITY OF McKINNEY, TEXAS Page 1 Printed on 4/17/2020 City Council Regular Meeting Agenda April 21, 2020 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 21, 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 20-0322 Minutes of the City Council Work Session of April 7, 2020 Attachments: Minutes 20-0323 Minutes of the City Council Regular Meeting of April 7, 2020 Attachments: Minutes 19-0117 Minutes of the Animal Service Facility Advisory Committee Meeting November 28, 2018 Attachments: Minutes 19-0719 Minutes of the Animal Service Facility Advisory Committee Meeting February 13, 2019 Attachments: Minutes 19-0905 Minutes of the Animal Service Facility Advisory Committee Meeting August 28, 2019 Attachments: Minutes 20-0054 Minutes of the Animal Service Facility Advisory Committee Meeting of October 30, 2019 Attachments: Minutes CITY OF McKINNEY, TEXAS Page 2 Printed on 4/17/2020 City Council Regular Meeting Agenda April 21, 2020 19-0478 Minutes of the Board of Adjustment Meeting of May 15, 2019 Attachments: Minutes 19-0523 Minutes of the Board of Adjustment Meeting of June 12, 2019 Attachments: Minutes 19-0592 Minutes of the Board of Adjustment Meeting of June 26, 2019 Attachments: Minutes 20-0131 Minutes of the Board of Adjustment Meeting of July 31, 2019 Attachments: Minutes ORDINANCES 20-0324 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 the Runway 18-36 Joint Rehabilitation Project (AI20640-Airfield Pavement Rehabilitation) at the McKinney National Airport; and Providing an Effective Date Attachments: Ordinance RESOLUTIONS 20-0325 Consider/Discuss/Act on a Resolution Amending Resolution Number 2020-02-025 (R), Authorizing the City Manager to Apply for, Accept, Reject, Alter or Terminate, a Grant from the U. S. Department of Justice, Administered Through the State of Texas, Office of the Governor, for a Victims of Crime Act (VOCA) Grant, to Fund a Victim Advocate Attachments: Resolution 20-0326 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Professional Services Contract with VAI Architects, Inc. (VAI) of Addison, Texas for Architectural and Engineering Services Related to the Public Safety Building (PSB) Phase 5 Expansion and Renovation Project CITY OF McKINNEY, TEXAS Page 3 Printed on 4/17/2020 City Council Regular Meeting Agenda April 21, 2020 Located at 2200 Taylor Burk Drive, McKinney, Texas 75071 Attachments: Resolution Proposal 20-0327 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Apply for, and Accept if Awarded, a Grant from the Texas Historic Courthouse Preservation Program, in an Amount not to Exceed $3,000,000, for Preservation and Repairs to the McKinney Performing Arts Center at the Historic Collin County Courthouse Attachments: Resolution 20-0328 Consider/Discuss/Act on a Resolution Authorizing the ‘McKinney Strong’ COVID-19 Business Grant Program; and Providing an Effective Date Attachments: Resolution 20-0329 Consider/Discuss/Act on a Resolution of the City of McKinney, Texas Finding that Oncor Electric Delivery Company LLC’s Application for Approval to Amend its Distribution Cost Recovery Factor Pursuant to Increase Distribution Rates Within the City Should be Denied; Authorizing Participation with Oncor Cities Steering Committee; Authorizing the Hiring of Legal Counsel and Consulting Services; Finding that the City’s Reasonable Rate Case Expenses Shall be Reimbursed by the Company; Finding that the Meeting at Which this Resolution is Passed is Open to the Public as Required by Law; Requiring Notice of this Resolution to the Company and Legal Counsel. Attachments: Resolution END OF CONSENT PLAT CONSIDERATION UNDER TEXAS LOCAL GOVERNMENT CODE CHAPTER 212 CITY OF McKINNEY, TEXAS Page 4 Printed on 4/17/2020 City Council Regular Meeting Agenda April 21, 2020 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. 19-0170PF2 Consider/Discuss/Act on a Preliminary-Final Plat for Trinity Falls Planning Unit 7 South, Located North of County Road 228 and West of County Road 206 Attachments: Standard Conditions Checklist Location Map and Aerial Exhibit Letter of Intent Proposed Preliminary-Final Plat Conditions of Approval Summary 20-0035PF2 Consider/Discuss/Act on a Preliminary-Final Replat for the Danielle at Craig Ranch, Located on the Northeast Corner of Collin McKinney Parkway and Millie Way Attachments: Standard Conditions Checklist Location Map and Aerial Exhibit Letter of Intent Proposed Premilinary-Final Plat Conditions of Approval Summary REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 20-0330 Conduct a Public Hearing to Consider/Discuss/Act on a Resolution Regarding the Application of “Kinwood Apartments” to the Texas Department of Housing and Community Affairs (TDHCA), for 4% Tax Credits for the Acquisition and Rehabilitation of Multi-Family Units Within the Development CITY OF McKINNEY, TEXAS Page 5 Printed on 4/17/2020 City Council Regular Meeting Agenda April 21, 2020 Attachments: Resolution of No Objection Resolution of Opposition Resolution of Support Zoning Approval Draft Site Plan Draft Elevations Kinwood Apartments Evaluation Location Map Existing Infrastructure Traffic Analysis 20-0331 Consider/Discuss/Act on an Ordinance of the City Council of the City of McKinney, Texas, Amending and Restating Ordinance No. 2020-03-025 Declaring a Local State of Disaster Due to a Public Health Emergency in Response to the COVID-19 Virus Outbreak, Pursuant to the Texas Disaster Act of 1975, Chapter 418, Texas Government Code and Chapter 122 of the Texas Health and Safety Code; Providing a Penalty; Providing for the Publication of the Caption of this Ordinance; and Providing for an Effective Date Attachments: Ordinance (Proposed) ORD CC 2020-04-025 20-0332 Consider/Discuss/Act on a Resolution of the City Council of the City of McKinney, Texas, Strongly Urging That All McKinney Landlords and Tenants (Both Commercial and Residential) Work Together to Minimize the Adverse Human and Financial Impacts Associated with the Owning and Leasing of Real Property During the COVID-19 Pandemic; and Providing for an Effective Date Attachments: Resolution 20-0333 Consider/Discuss/Act on Appointing a Member to the North Texas Municipal Water District (NTMWD) Board of Directors Attachments: Appointment Notice About NTMWD CITY OF McKINNEY, TEXAS Page 6 Printed on 4/17/2020 City Council Regular Meeting Agenda April 21, 2020 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 21, 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. 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 - First Amended Non-Exclusive Revocable License Agreement by and between KLA International Sports Management, LLC and the City of McKinney, Texas - 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 E. Section 551.087. Deliberation Regarding Economic Development Matters - Project Pegasus - McKinney HUB 121 CITY OF McKINNEY, TEXAS Page 7 Printed on 4/17/2020 City Council Regular Meeting Agenda April 21, 2020 ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with the Texas Government Code, Chapter 551, on or before the 18th 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 4/17/2020

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