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City Council Regular Meeting

Regular Meeting

McKinney, TX · June 2, 2020

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Minutes

CITY OF McKINNEY, TEXAS Minutes - Final Tuesday, June 2, 2020 6:00 PM Council Chambers 222 N. Tennessee Street McKinney, TX 75069 City Council Regular Meeting City Council Regular Meeting Minutes - Final June 2, 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 Recognition of Fire Department for Life Saving Measures PUBLIC COMMENTS 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, June 2, 2020. CONSENT AGENDA A motion was made by Council member Rogers, seconded by Council member 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 CITY OF McKINNEY, TEXAS Page 1 City Council Regular Meeting Minutes - Final June 2, 2020 Minutes of the City Council Work Session of August 9, 2019 This that this Minutes be Approved by consent roll call Minutes of the City Council Work Session of August 20, 2019 This that this Minutes be Approved by consent roll call Minutes of the City Council Regular Meeting of August 20, 2019 This that this Minutes be Approved by consent roll call Minutes of the City Council Work Session of May 19, 2020 This that this Minutes be Approved by consent roll call Minutes of the City Council Regular Meeting of May 19, 2020 This that this Minutes be Approved by consent roll call Minutes of the Board of Adjustment Meeting of February 12, 2020 This that this Minutes be Approved by consent roll call Minutes of the McKinney Economic Development Corporation Meeting of April 21, 2020 This that this Minutes be Approved by consent roll call Minutes of the Planning and Zoning Commission Regular Meeting of May 12, 2020 This that this Minutes be Approved by consent roll call Minutes of the Tax Increment Reinvestment Zone Number One (TIRZ1) Board Meeting of January 21, 2020 This that this Minutes be Approved by consent roll call Minutes of the Visit McKinney Board Meeting of April 28, 2020 This that this Minutes be Approved by consent roll call ORDINANCES Consider/Discuss/Act on an Ordinance Amending the McKinney Strong COVID-19 Business Grant Program in Order to Reauthorize and Extend the Program CITY OF McKINNEY, TEXAS Page 2 City Council Regular Meeting Minutes - Final June 2, 2020 This that this Ordinance be Approved by consent roll call Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2019-2020 Annual Budget to Account for Budget Increase in TXDOT funding of $100,000 (URB2002), under the FY20 City of McKinney Budget Year This that this Ordinance be Approved by consent roll call RESOLUTIONS Consider/Discuss/Act on Amending a Resolution Increasing the Match Amount on the Housing and Urban Development (HUD) Grant, through the Metro Dallas Homeless Alliance (MDHA), for Continuum of Care Rapid Rehousing Funding for Housing and a Case Manager Position at Samaritan Inn; and Approving a Memorandum of Understanding with the Samaritan Inn for a $20,000 In-Kind Match Contribution This that this Resolution be Approved by consent roll call CITY OF McKINNEY, TEXAS Page 3 City Council Regular Meeting Minutes - Final June 2, 2020 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Supplemental Agreements with Walter P. Moore and Associates, Inc., to Perform a Drainage Study of the Finch Creek Watershed (DR1809) Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Freese and Nichols, Inc. for Professional Engineering Services to Complete an Emergency Response Plan as Required by the America’s Water Infrastructure Act of 2018 and Any Necessary Supplemental Agreements Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with FS 360, LLC for the McKinney National Airport Runway 18-36 Joint Rehabilitation Project (AI2064) and Any Necessary Change Orders Consider/Discuss/Act on a Resolution Authorizing the Rejection of all Bids under Solicitation 20-27FP for the Mowing and Cleanup Services for Dams A motion was made by Mayor Fuller, seconded by Council member Rogers,that this Resolution be Approved . The motion carried by the following vote. END OF CONSENT CITY OF McKINNEY, TEXAS Page 4 City Council Regular Meeting Minutes - Final June 2, 2020 REGULAR AGENDA AND PUBLIC HEARINGS Consider/Discuss/Act on a Resolution Approving the Collin County CARES Emergency Housing and Living Assistance (EHLA-CV) Program Funding for the City of McKinney, from Funding Provided by the U.S. Department of the Treasury A motion was made by Council member Philips, seconded by Council member Frazier,that this Resolution be Approved . The motion carried by the following vote. Consider/Discuss/Act on an Ordinance Amending Chapter 14 (Alcoholic Beverages) of the Code of Ordinances, by Deleting in Entirety Sections 14-20 (On Streets), 14-21 (On Public Places), and 14-23 (Consumption, possession for consumption permitted during extended hours); and Replacing Said Sections with New Sections 14-20 (Unlawful in City-Owned Buildings, City-Owned Structured Parking Garages, City-Owned Parks, and City-Owned Park Facilities), 14-21 (Lawful in Public Places), and 14-23 (Hours of Consumption) 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 Adoption of a Resolution Determining a Public Necessity to Acquire Certain Property for Public Use by Eminent Domain for Right-of-Way (in Fee Simple), Slope Easements, Drainage Easements and Water Easements for the Construction, Access and Maintenance Associated with a Roadway Infrastructure Project Along Ridge Road from its Intersection with US 380 to Wilmeth Road and Authorizing the City Manager to Establish Procedures for Acquiring the Right-of-Way (in Fee Simple) and Easements on Said Properties, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions A motion was made by Council member Philips, seconded by Council member Franklin,that this Resolution be Approved . The motion carried by the following vote. CITY OF McKINNEY, TEXAS Page 5 City Council Regular Meeting Minutes - Final June 2, 2020 Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Certain Property (in Fee Simple) for Public Use by Eminent Domain and Associated with the Municipal Complex Project and Said Certain Property is Commonly Known as 301 Throckmorton Street Generally Located Between East Lamar Street and East Virginia Street and Authorizing the City Manager to Establish Procedures for Acquiring the Property in Fee Simple, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions A motion was made by Council member Philips, seconded by Council member Franklin,that this Resolution be Approved . The motion carried by the following vote. Conduct a Public Hearing to Consider/Discuss/Act on a Right-of-Way Abandonment of Portions of Elm Street between Lindsey Street and Airport Drive, Healy Avenue between Elm Street and a point approximately 100’ north of Elm Street, and an Unnamed Alley between Elm Street and a point approximately 200’ north of Elm Street, and Accompanying Ordinance A motion was made by Council member Rogers, seconded by Council member Elliott,that this Ordinance 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. CITY OF McKINNEY, TEXAS Page 6 City Council Regular Meeting Minutes - Final June 2, 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 - 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 - City of McKinney v. East State Hwy 5, LLC - Lhoist North America of Texas, LLC 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 - TPC Byron Nelson / Salesmanship Club - Federally Qualified Health Center, North Texas Family Health Foundation 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. Posted in accordance with the Texas Government Code, Chapter 551, on or before the 30th day of May, 2020 at 6:00 p.m. ___________________________ Empress Drane, City Secretary CITY OF McKINNEY, TEXAS Page 7 City Council Regular Meeting Minutes - Final June 2, 2020 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

Agenda

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Tuesday, June 2, 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 20-0443 Recognition of Fire Department for Life Saving Measures Attachments: Image PUBLIC COMMENTS 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, June 2, 2020. CITY OF McKINNEY, TEXAS Page 1 Printed on 5/29/2020 City Council Regular Meeting Agenda June 2, 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 20-0444 Minutes of the City Council Work Session of August 9, 2019 Attachments: Minutes 20-0445 Minutes of the City Council Work Session of August 20, 2019 Attachments: Minutes 20-0446 Minutes of the City Council Regular Meeting of August 20, 2019 Attachments: Minutes 20-0447 Minutes of the City Council Work Session of May 19, 2020 Attachments: Minutes 20-0448 Minutes of the City Council Regular Meeting of May 19, 2020 Attachments: Minutes 20-0188 Minutes of the Board of Adjustment Meeting of February 12, 2020 Attachments: Minutes 20-0382 Minutes of the McKinney Economic Development Corporation Meeting of April 21, 2020 Attachments: Minutes 20-0438 Minutes of the Planning and Zoning Commission Regular Meeting of May 12, 2020 Attachments: Minutes CITY OF McKINNEY, TEXAS Page 2 Printed on 5/29/2020 City Council Regular Meeting Agenda June 2, 2020 20-0393 Minutes of the Tax Increment Reinvestment Zone Number One (TIRZ1) Board Meeting of January 21, 2020 Attachments: Minutes 20-0423 Minutes of the Visit McKinney Board Meeting of April 28, 2020 Attachments: Minutes ORDINANCES 20-0449 Consider/Discuss/Act on an Ordinance Amending the McKinney Strong COVID-19 Business Grant Program in Order to Reauthorize and Extend the Program Attachments: Ordinance 20-0450 Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2019-2020 Annual Budget to Account for Budget Increase in TXDOT funding of $100,000 (URB2002), under the FY20 City of McKinney Budget Year Attachments: Ordinance RESOLUTIONS 20-0451 Consider/Discuss/Act on Amending a Resolution Increasing the Match Amount on the Housing and Urban Development (HUD) Grant, through the Metro Dallas Homeless Alliance (MDHA), for Continuum of Care Rapid Rehousing Funding for Housing and a Case Manager Position at Samaritan Inn; and Approving a Memorandum of Understanding with the Samaritan Inn for a $20,000 In-Kind Match Contribution Attachments: Resolution Agreement CITY OF McKINNEY, TEXAS Page 3 Printed on 5/29/2020 City Council Regular Meeting Agenda June 2, 2020 20-0452 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Supplemental Agreements with Walter P. Moore and Associates, Inc., to Perform a Drainage Study of the Finch Creek Watershed (DR1809) Attachments: Resolution Location Map 20-0453 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Freese and Nichols, Inc. for Professional Engineering Services to Complete an Emergency Response Plan as Required by the America’s Water Infrastructure Act of 2018 and Any Necessary Supplemental Agreements Attachments: Resolution Proposal 20-0454 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with FS 360, LLC for the McKinney National Airport Runway 18-36 Joint Rehabilitation Project (AI2064) and Any Necessary Change Orders Attachments: Resolution Recommendation Letter 20-0455 Consider/Discuss/Act on a Resolution Authorizing the Rejection of all Bids under Solicitation 20-27FP for the Mowing and Cleanup Services for Dams Attachments: Resolution END OF CONSENT CITY OF McKINNEY, TEXAS Page 4 Printed on 5/29/2020 City Council Regular Meeting Agenda June 2, 2020 REGULAR AGENDA AND PUBLIC HEARINGS 20-0456 Consider/Discuss/Act on a Resolution Approving the Collin County CARES Emergency Housing and Living Assistance (EHLA-CV) Program Funding for the City of McKinney, from Funding Provided by the U.S. Department of the Treasury Attachments: Resolution EHLA Agency Contract 20-0457 Consider/Discuss/Act on an Ordinance Amending Chapter 14 (Alcoholic Beverages) of the Code of Ordinances, by Deleting in Entirety Sections 14-20 (On Streets), 14-21 (On Public Places), and 14-23 (Consumption, possession for consumption permitted during extended hours); and Replacing Said Sections with New Sections 14-20 (Unlawful in City-Owned Buildings, City-Owned Structured Parking Garages, City-Owned Parks, and City-Owned Park Facilities), 14-21 (Lawful in Public Places), and 14-23 (Hours of Consumption) Attachments: Presentation Ordinance 20-0458 Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Certain Property for Public Use by Eminent Domain for Right-of-Way (in Fee Simple), Slope Easements, Drainage Easements and Water Easements for the Construction, Access and Maintenance Associated with a Roadway Infrastructure Project Along Ridge Road from its Intersection with US 380 to Wilmeth Road and Authorizing the City Manager to Establish Procedures for Acquiring the Right-of-Way (in Fee Simple) and Easements on Said Properties, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions Attachments: Location Map Resolution CITY OF McKINNEY, TEXAS Page 5 Printed on 5/29/2020 City Council Regular Meeting Agenda June 2, 2020 20-0459 Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Certain Property (in Fee Simple) for Public Use by Eminent Domain and Associated with the Municipal Complex Project and Said Certain Property is Commonly Known as 301 Throckmorton Street Generally Located Between East Lamar Street and East Virginia Street and Authorizing the City Manager to Establish Procedures for Acquiring the Property in Fee Simple, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions Attachments: Resolution Location Map 20-0001RW Conduct a Public Hearing to Consider/Discuss/Act on a Right-of-Way Abandonment of Portions of Elm Street between Lindsey Street and Airport Drive, Healy Avenue between Elm Street and a point approximately 100’ north of Elm Street, and an Unnamed Alley between Elm Street and a point approximately 200’ north of Elm Street, and Accompanying Ordinance Attachments: Proposed Ordinance Exhibit A Exhibit B Image 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. CITY OF McKINNEY, TEXAS Page 6 Printed on 5/29/2020 City Council Regular Meeting Agenda June 2, 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 - 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 - City of McKinney v. East State Hwy 5, LLC - Lhoist North America of Texas, LLC 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 - TPC Byron Nelson / Salesmanship Club - Federally Qualified Health Center, North Texas Family Health Foundation ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with the Texas Government Code, Chapter 551, on or before the 30th day of May, 2020 at 6:00 p.m. ___________________________ Empress Drane, City Secretary CITY OF McKINNEY, TEXAS Page 7 Printed on 5/29/2020 City Council Regular Meeting Agenda June 2, 2020 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 5/29/2020

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