City Council Regular Meeting

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Monday, October 4, 2021 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: Spectrum Channel 16; AT&T U-Verse Channel 99; and http://mckinney.legistar.com CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by Assistant Fire Chief Chris Lowry Pledge of Allegiance led by Members of the McKinney Fire Department INFORMATION SHARING 21-0867 Proclamation for Fire Prevention Month Attachments: Proclamation Image 21-0868 Proclamation for 18th Annual Arbor Day Attachments: Proclamation PUBLIC COMMENTS ON AGENDA ITEMS (For Non-Public Hearing Items) If you wish to address the City Council on a posted item on this agenda, please fill out a "Request to Speak" card and present it to the City Secretary prior to the meeting. Pursuant to Section 551.007 of the Texas Government Code, any person wishing to address the City Council for items listed as public hearings will be recognized when the public hearing is opened. Speakers wishing to address the City Ccouncil regarding any non-public hearing item on this agenda shall have a time limit of three (3) minutes per speaker, per agenda item. The Mayor may reduce the speaker time limit uniformly to accommodate the number of speakers or improve meeting efficiency. CITY OF McKINNEY, TEXAS Page 1 Printed on 10/1/2021 City Council Regular Meeting Agenda October 4, 2021 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 21-0869 Minutes of the City Council Work Session of September 21, 2021 Attachments: Minutes 21-0870 Minutes of the City Council Regular Meeting of September 21, 2021 Attachments: Minutes 21-0871 Minutes of the City Council Work Session of September 28, 2021 Attachments: Minutes 21-0834 Minutes of the McKinney Community Development Corporation TUPPS Project Subcommittee Meeting of August 17, 2021 Attachments: Minutes 21-0836 Minutes of the McKinney Community Development Corporation Marketing Subcommittee Meeting of August 23, 2021 Attachments: Minutes 21-0833 Minutes of the McKinney Community Development Corporation Meeting of August 26, 2021 Attachments: Minutes 21-0835 Minutes of the McKinney Community Development Corporation TUPPS Project Subcommittee Meeting of September 7, 2021 CITY OF McKINNEY, TEXAS Page 2 Printed on 10/1/2021 City Council Regular Meeting Agenda October 4, 2021 Attachments: Minutes 21-0859 Minutes of the Planning and Zoning Commission Regular Meeting of September 14, 2021 Attachments: Minutes 21-0514 Minutes of the Tax Increment Reinvestment Zone Number One (TIRZ1) Board Meeting of May 18, 2021 Attachments: Minutes 21-0800 Minutes of the McKinney Urban Transit District Board Meeting of August 18, 2021 Attachments: Minutes 21-0853 Minutes of the Visit McKinney Regular Meeting of August 31, 2021 Attachments: Minutes 21-0854 Minutes of the Visit McKinney Work Session of September 14, 2021 Attachments: Minutes RESOLUTIONS 21-0872 Consider/Discuss/Act on a Resolution Approving Funding Recommendations under the Fiscal Year 2022 Community Support Grant Attachments: Resolution CSG Summary 21-0873 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter or Terminate, a Grant from the Firehouse Subs Public Safety Foundation Attachments: Resolution 21-0874 Consider/Discus/Act on a Resolution Authorizing the City CITY OF McKINNEY, TEXAS Page 3 Printed on 10/1/2021 City Council Regular Meeting Agenda October 4, 2021 Manager to Enter into a Professional Contract for Services Relating to a School Resource Officer Program with the Frisco Independent School District Attachments: Resolution Contract 21-0875 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Modern Geosciences LLC of Keller, Texas for Geotechnical Engineering Services in Conjunction with the Design and Construction of the McKinney Municipal Complex (MMC) Project Attachments: Resolution Figures with Notes - DRAFT P21077- Tract 4- McKinney P21078- Tract 5- McKinney P21079- Tract 6- McKinney P21080- Tract 7- McKinney P21148 - InterMcKinney Regulatory Closure Projects Summary 21-0876 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Supplemental Agreement with BGE, Inc. for Professional Engineering Design Services for the East Louisiana Street Infrastructure Improvements Project Attachments: Resolution Location Map 21-0877 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Supplemental Agreement with BGE, Inc. for Professional Engineering Design Services for the Green Street and Andrews Street Infrastructure Improvements Project Attachments: Resolution Location Map 21-0878 Consider/Discuss/Act on a Resolution Authorizing the City CITY OF McKINNEY, TEXAS Page 4 Printed on 10/1/2021 City Council Regular Meeting Agenda October 4, 2021 Manager to Execute an Agreement with the Texas Department of Transportation to Contribute Right of Way Funds for the State Highway 5 Project Attachments: Resolution Agreement Location Map 21-0879 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute the First Amendment to the Commercial Lease Agreement for 201/203 West Louisiana Street Attachments: Resolution Amendment 21-0880 Consider/Discuss/Act on a Resolution Authorizing the Sale of Certain Property (in Fee Simple) Commonly Known as 3332 FM 1461 Generally Located at the Intersection of FM 1461 and Bloomdale Road to the Texas Transportation Commission for the Construction of the State’s FM 1461 Project, Which Property Contains Approximately 0.8506 Acres of Land in the Joel F. Stewart Survey, Abstract No. 838, City of McKinney and City of McKinney Extra Territorial Jurisdiction, Collin County, Texas; and Authorizing the City Manager to Execute Deeds and Documents Regarding the Sale of Said City-Owned Property to the State of Texas Attachments: Resolution Memorandum of Agreement Possession and Use Agreement Deed to the State of Texas Location Map 21-0881 Consider/Discuss/Act on a Resolution Terminating the Chapter 380 Agreement by and between the City of McKinney, Texas and Tatum Tek Modular LLC and Mutually Releasing Both Parties from Any Further Obligations, and Authorizing the City Manager to Execute the Agreement; and Providing an Effective Date CITY OF McKINNEY, TEXAS Page 5 Printed on 10/1/2021 City Council Regular Meeting Agenda October 4, 2021 Attachments: Resolution Termination Agreement END OF CONSENT REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 21-0006SUP2 Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit to Allow for a Private Club (End Zone), Located at 4150 Eldorado Parkway, and Accompanying Ordinance Attachments: DRAFT PZ Minutes 09.14.2021 Location Map and Aerial Exhibit Letter of Intent Ex. PD. Ord. No. 1447 Ex. PD. Ord. No. 1522 Ex. PD. Ord. No. 1995-06-27 Proposed Ordinance Proposed Exhibits A & B Presentation 21-0010SUP2 Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit to Allow for a Car Wash, Located on the South Side of Virginia Parkway and Approximately 490 Feet West of Hardin Boulevard, and Accompanying Ordinance Attachments: DRAFT PZ Minutes 9.14.2021 Location Map and Aerial Exhibit Letter of Intent Proposed Ordinance Proposed Exhibits A-C Presentation 21-0008A2/2 Conduct a Public Hearing to Consider/Discuss/Act on a 1-0087Z3 Petition to Annex (Case No. 21-0008A) and a Request to Zone (Case No. 21-0087Z) on Certain Land (the “Property”) CITY OF McKINNEY, TEXAS Page 6 Printed on 10/1/2021 City Council Regular Meeting Agenda October 4, 2021 to “PD” - Planned Development District, Located on the East Side of County Road 317 and Approximately 2,000 Feet South of Harry McKillop Boulevard (FM 546), and Related Ordinance(s) and Agreements Attachments: CC Draft Minutes 09.21.2021 Location Map and Aerial Exhibit Letter of Intent Letters of Opposition City Council Citizen Comments P&Z Citizen Comments Petition Requesting Annexation Proposed Annexation Ordinance Proposed Development and Annexation Agreement Proposed Annexation Ordinance Exhibits A-D PZ Minutes 08.24.2021 Original Zoning Request Information (21-0087Z) Written Protest Form Written Protest Map Proposed Zoning Ordinance Proposed Zoning Exhibits A-D Presentation 21-0005Z7 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District, “AG” - Agricultural District, and “CC” - Corridor Commercial Overlay District to "C2" - Local Commercial District and “CC” - Corridor Commercial Overlay District, Located on the Southeast Corner of U.S. Highway 380 (University Drive) and Meadow Ranch Road, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 7 Printed on 10/1/2021 City Council Regular Meeting Agenda October 4, 2021 Attachments: PZ Minutes 030921 PZ Minutes 022321 PZ Minutes 020921 Location Map and Aerial Exhibit Letter of Intent Letters of Support Letters of Opposition Written Protest Zoning Protest Map Comprehensive Plan Maps Medical District Placetype Definitions Fiscal Analysis Land Use Comparison Table Ex. PD Ord. No. 98-11-63 Proposed Ordinance Proposed Exhibits A-C Presentation 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) CITY OF McKINNEY, TEXAS Page 8 Printed on 10/1/2021 City Council Regular Meeting Agenda October 4, 2021 B. Section 551.071 (A) Pending or contemplated litigation - City of McKinney, Texas, Plaintiff, v. River Ranch Educational Charities, Wayne Kirk, individually, and the Real Property at 3701 Custer Road, McKinney, Texas, In Rem, Defendants C. Section 551.072. Deliberations about Real Property D. Section 551.074. Personnel Matters - City Manager Annual Performance Review E. Section 551.087. Deliberation Regarding Economic Development Matters - Project DLV ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with the Texas Government Code, Chapter 551, at or before 6:00p.m., October 1st, 2021 ________________________________ Empress Drane, City Secretary Joshua Stevenson, Deputy 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. 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 Printed on 10/1/2021