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City Council Regular Meeting

Regular Meeting

McKinney, TX · May 5, 2020

AgendaMinutes

Minutes

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, May 5, 2020 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, TX 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final May 5, 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 Building Safety Month Proclamation for Municipal Clerks 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, May 5, 2020. CONSENT AGENDA A motion was made by Council member Franklin, seconded by Council member Philips,that this be Approved . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final May 5, 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 21, 2020 This that this Minutes be Approved by consent roll call Minutes of the City Council Regular Meeting of April 21, 2020 This that this Minutes be Approved by consent roll call Minutes of the City Council Special Meeting & Work Session of April 28, 2020 This that this Minutes be Approved by consent roll call Minutes of the McKinney Arts Commission Meeting of January 16, 2020 This that this Minutes be Approved by consent roll call Minutes of the McKinney Arts Commission Meeting of October 17, 2019 This that this Minutes be Approved by consent roll call Minutes of the McKinney Community Development Corporation Meeting of February 27, 2020 This that this Minutes be Approved by consent roll call Minutes of the McKinney Community Development Corporation Retail Development Infrastructure Grant Subcommittee Meeting of March 18, 2020 This that this Minutes be Approved by consent roll call Minutes of the McKinney Economic Development Corporation Special Meeting of March 27, 2020 This that this Minutes be Approved by consent roll call Minutes of the Joint Meeting of the Parks, Recreation, and Open Space Advisory Board and McKinney Community Development Corporation of May 9, 2019 This that this Minutes be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final May 5, 2020 Minutes of the Planning and Zoning Commission Regular Meeting of March 10, 2020 This that this Minutes be Approved by consent roll call RESOLUTIONS Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Developer Participation Agreement with W/J Wilmeth Ridge, LP, for the Construction of Certain Storm Water Improvements for Future Ridge Road on the West Side of the Wilmeth Ridge South Subdivision, Generally Located South of Wilmeth Road (County Road 161) and East of Future Ridge Road This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Change Orders with XIT Paving and Construction, Inc. for the Construction of the Rockhill Road Improvements Project (ST1911) This that this Resolution be Approved by consent roll call Consider/Discuss/Act on a Resolution Authorizing the City Manager, or Designee, to Apply for, Accept, and Implement an Assistance to Firefighter Grant Program - COVID-19 Supplemental (AFG-S) from the Department of Homeland Security, Federal Emergency Management Agency (FEMA), to Provide Financial Assistance Directly to Eligible Fire Departments for Critical Personal Protective Equipment and Supplies Needed to Prevent, Prepare for, and Respond to the COVID-19 Public Health Emergency This that this Resolution be Approved by consent roll call END OF CONSENT PLAT CONSIDERATION UNDER TEXAS LOCAL GOVERNMENT CODE CHAPTER 212 A motion was made by Council member Rogers, seconded by Council member Frazier,that this be Approved . The motion carried by the following vote. 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 Willow Wood Phase CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final May 5, 2020 7, Located on the North Side of Telephone Road and Approximately 700 Feet West of Prospect Street A motion was made by Council member Rogers, 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 Plat for Lots 1 and 2, Block A of the Montessori School of Excellence Addition, Located on the East Side of County Road 943 and approximately 750 Feet North of Ryeland Cove A motion was made by Council member Rogers, seconded by Council member Frazier,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Minor Replat for Lot 2R1A, Block A, The Heights at Westridge Planning Area 12, Parcel 1209 Addition, Located on Southeast Corner of Westridge Boulevard and Houghton Drive A motion was made by Council member Rogers, seconded by Council member Elliott,that this Agenda Item be Approved . The motion carried by the following vote. Consider/Discuss/Act on a Preliminary-Final Replat for Lots 5A and 5B, Block A, The Shops at Eagle Point Addition, Located on the Approximately 300 Feet West of Custer Road and 1200 Feet South of U.S. 380 (University Drive) Approved Consider/Discuss/Act on a Preliminary-Final Plat for Lot 1, Block A of McKinney Airport Center Addition, Located on the Southwest Corner of Harry McKillop Boulevard and Airport Drive Approved REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. Conduct a Public Hearing on Substantial Amendments to the FY 2019-2020 CDBG Action Plan and Citizen Participation Plan A motion was made by Mayor Fuller, seconded by Council member Rogers,that this Agenda Item be Close the public hearing . 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 Axis Contracting, Inc. for the Town Center Infrastructure Improvements Project CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final May 5, 2020 (CO4238) A motion was made by Council member Rogers, seconded by Council member Philips,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on Appointing a Member to the Parks, Recreation & Open Space Advisory Board A motion was made by Council member Philips, seconded by Council member Shemwell,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 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 - TXI Operations, LP, Plaintiff vs. City of McKinney, Texas, Defendants, Civil Action No. 4:20-CV-00353, United States District Court for the Eastern District 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 CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final May 5, 2020 ACTION ON EXECUTIVE SESSION ITEMS ADJOURN A motion was made by Mayor Fuller, seconded by Council member Franklin,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 2nd day of May, 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 6

Agenda

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Tuesday, May 5, 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 20-0352 Proclamation for Building Safety Month Attachments: Proclamation 20-0353 Proclamation for Municipal Clerks Week Attachments: Proclamation PUBLIC COMMENTS ON AGENDA ITEMS (For Non-Public Hearing Agenda Items) CITY OF McKINNEY, TEXAS Page 1 Printed on 5/1/2020 City Council Regular Meeting Agenda May 5, 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, May 5, 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 20-0354 Minutes of the City Council Work Session of April 21, 2020 Attachments: Minutes 20-0355 Minutes of the City Council Regular Meeting of April 21, 2020 Attachments: Minutes 20-0356 Minutes of the City Council Special Meeting & Work Session of April 28, 2020 Attachments: Minutes 20-0287 Minutes of the McKinney Arts Commission Meeting of January 16, 2020 Attachments: Minutes 20-0288 Minutes of the McKinney Arts Commission Meeting of October 17, 2019 Attachments: Minutes 20-0305 Minutes of the McKinney Community Development Corporation Meeting of February 27, 2020 Attachments: Minutes CITY OF McKINNEY, TEXAS Page 2 Printed on 5/1/2020 City Council Regular Meeting Agenda May 5, 2020 20-0306 Minutes of the McKinney Community Development Corporation Retail Development Infrastructure Grant Subcommittee Meeting of March 18, 2020 Attachments: Minutes 20-0298 Minutes of the McKinney Economic Development Corporation Special Meeting of March 27, 2020 Attachments: Minutes 19-0482 Minutes of the Joint Meeting of the Parks, Recreation, and Open Space Advisory Board and McKinney Community Development Corporation of May 9, 2019 Attachments: Minutes 20-0334 Minutes of the Planning and Zoning Commission Regular Meeting of March 10, 2020 Attachments: Minutes RESOLUTIONS 20-009DA Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Developer Participation Agreement with W/J Wilmeth Ridge, LP, for the Construction of Certain Storm Water Improvements for Future Ridge Road on the West Side of the Wilmeth Ridge South Subdivision, Generally Located South of Wilmeth Road (County Road 161) and East of Future Ridge Road Attachments: Proposed Resolution Proposed Agreement Location Map and Aerial Exhibit Storm Water Improvement Exhibit 1295 Certificate 20-0357 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Change Orders with XIT Paving and Construction, Inc. for the Construction of the Rockhill Road Improvements Project CITY OF McKINNEY, TEXAS Page 3 Printed on 5/1/2020 City Council Regular Meeting Agenda May 5, 2020 (ST1911) Attachments: Project Location Map Resolution 20-0358 Consider/Discuss/Act on a Resolution Authorizing the City Manager, or Designee, to Apply for, Accept, and Implement an Assistance to Firefighter Grant Program - COVID-19 Supplemental (AFG-S) from the Department of Homeland Security, Federal Emergency Management Agency (FEMA), to Provide Financial Assistance Directly to Eligible Fire Departments for Critical Personal Protective Equipment and Supplies Needed to Prevent, Prepare for, and Respond to the COVID-19 Public Health Emergency Attachments: Resolution 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. 20-0016PF2 Consider/Discuss/Act on a Preliminary-Final Plat for Willow Wood Phase 7, Located on the North Side of Telephone Road and Approximately 700 Feet West of Prospect Street Attachments: Standard Conditions Checklist Location Map and Aerial Exhibit Letter of Intent Proposed Preliminary-Final Plat Conditions of Approval Summary 20-0029PF Consider/Discuss/Act on a Preliminary-Final Plat for Lots 1 and 2, Block A of the Montessori School of Excellence Addition, Located on the East Side of County Road 943 and approximately 750 Feet North of Ryeland Cove CITY OF McKINNEY, TEXAS Page 4 Printed on 5/1/2020 City Council Regular Meeting Agenda May 5, 2020 Attachments: Standard Conditions Checklist Location Map and Aerial Exhibit Letter of Intent Proposed Preliminary-Final Plat Conditions of Approval Summary 20-0053MRP Consider/Discuss/Act on a Minor Replat for Lot 2R1A, Block A, The Heights at Westridge Planning Area 12, Parcel 1209 Addition, Located on Southeast Corner of Westridge Boulevard and Houghton Drive Attachments: Standard Conditions for Minor Plat-Replat Location Map and Aerial Exhibit Letter of Intent Proposed Minor Replat Conditions of Approval Summary 20-0054PFR Consider/Discuss/Act on a Preliminary-Final Replat for Lots 5A and 5B, Block A, The Shops at Eagle Point Addition, Located on the Approximately 300 Feet West of Custer Road and 1200 Feet South of U.S. 380 (University Drive) Attachments: Standard Conditions Checklist Location Map and Aerial Exhibit Letter of Intent Proposed Preliminary-Final Replat Conditions of Approval Summary 20-0055PF Consider/Discuss/Act on a Preliminary-Final Plat for Lot 1, Block A of McKinney Airport Center Addition, Located on the Southwest Corner of Harry McKillop Boulevard and Airport Drive Attachments: Location Map and Aerial Exhibit Standard Conditions Checklist Letter of Intent Proposed Preliminary-Final Plat Conditions of Approval Summary CITY OF McKINNEY, TEXAS Page 5 Printed on 5/1/2020 City Council Regular Meeting Agenda May 5, 2020 REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 20-0359 Conduct a Public Hearing on Substantial Amendments to the FY 2019-2020 CDBG Action Plan and Citizen Participation Plan Attachments: CARES ACT LETTER mckinney 4.10.2020 Resolution 20-0360 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Change Orders with Axis Contracting, Inc. for the Town Center Infrastructure Improvements Project (CO4238) Attachments: Resolution (Construction Contract) Resolution (Reject Bids) Recommendation Letter Location Map Presentation 20-0361 Consider/Discuss/Act on Appointing a Member to the Parks, Recreation & Open Space Advisory Board Attachments: About Parks & Rec Advisory Boards Member Application 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 6 Printed on 5/1/2020 City Council Regular Meeting Agenda May 5, 2020 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 - TXI Operations, LP, Plaintiff vs. City of McKinney, Texas, Defendants, Civil Action No. 4:20-CV-00353, United States District Court for the Eastern District 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 ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with the Texas Government Code, Chapter 551, on or before the 2nd day of May, 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 Printed on 5/1/2020

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