City Council Regular Meeting

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Tuesday, March 1, 2022 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 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE Invocation given by The Ranchers, Cornerstone Ranch INFORMATION SHARING 22-0189 Proclamation for National Developmental Disabilities Awareness Month Attachments: Proclamation Proclamation 5613 (President Reagan, 1987) Social Media Art 22-0190 Update on Black History Month Activities in McKinney 22-0191 Proclamation for Camille Murray, TGCA 5A Swimmer of the Year PUBLIC COMMENTS ON AGENDA ITEMS (For Non-Public Hearing Agenda Items) CITY OF McKINNEY, TEXAS Page 1 Printed on 2/25/2022 City Council Regular Meeting Agenda March 1, 2022 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. 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 22-0192 Minutes of the City Council Strategic Goals Work Session of February 11, 2022 Attachments: Minutes 22-0193 Minutes of the City Council Work Session of February 15, 2022 Attachments: Minutes 22-0194 Minutes of the City Council Regular Meeting of February 15, 2022 Attachments: Minutes 22-0195 Minutes of the City Council Special Meeting & Work Session of February 22, 2022 Attachments: Minutes 22-0022 Minutes of the Library Advisory Board Meeting of December 16, 2021 Attachments: Minutes 22-0119 Minutes of the Main Street Board Meeting of January 13, 2022 Attachments: Minutes 22-0118 Minutes of the Planning and Zoning Commission Regular Meeting of January 25, 2022 CITY OF McKINNEY, TEXAS Page 2 Printed on 2/25/2022 City Council Regular Meeting Agenda March 1, 2022 Attachments: Minutes 22-0140 Minutes of the Tax Increment Reinvestment Zone Number One (TIRZ1) Board Meeting of October 4, 2021 Attachments: Minutes 22-0172 Minutes of the Visit McKinney Regular Meeting of January 25, 2022 Attachments: Minutes ORDINANCES 22-0196 Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2021-2022 Annual Budget and Amending the 2022-2026 Capital Improvements Program to Provide Funding for the Design and Construction of the East Louisiana Parking Lot Project (FC2117) Attachments: Ordinance RESOLUTIONS 22-0197 Consider/Discuss/Act on a Resolution Adopting the Budget Policies and Guidelines for Fiscal Year 2022-23 Attachments: Resolution Budget Guidlines 22-0198 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Construction Contract with Spaw Glass Contractors, Inc. for Construction Services Related to the Design and Construction of the East Louisiana Parking Lot Project (FC2117) Attachments: Resolution Proposal Bid Details 22-0199 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Grantham & Associates, CITY OF McKINNEY, TEXAS Page 3 Printed on 2/25/2022 City Council Regular Meeting Agenda March 1, 2022 Inc. for Professional Engineering Design Services for the FY 22 Main Replacement and Street Repairs Project and Any Necessary Supplemental Agreements Attachments: Resolution Location Map 22-0200 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Johnson, Mirmiran & Thompson, Inc. for Professional Engineering Design Services for the Intersection Capacity Improvements at US Highway 380 and Community Avenue Project and Authorizing Any Necessary Supplemental Agreements Attachments: Resolution Location Map 22-0201 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Professional Services Contract with Dunaway Associates, L.P. of Fort Worth, Texas, for Landscape Architectural and Engineering Services for the Wattley Park Improvement Project Attachments: Resolution Location Map 22-0202 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Supplemental Agreement with Civil Consulting Group, PLLC for Professional Engineering Design Services for the Ridge Road (US 380 to Wilmeth Road) Project Attachments: Resolution Location Map 22-0203 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Interlocal Agreement by and between City of McKinney, Texas, McKinney Municipal Utility District No. 1 of Collin County, Texas, and McKinney Municipal Utility District No. 2 of Collin County, Texas, for the Maintenance and Improvements of Parks in Trinity Falls CITY OF McKINNEY, TEXAS Page 4 Printed on 2/25/2022 City Council Regular Meeting Agenda March 1, 2022 Attachments: Resolution 22-0204 Consider/Discuss/Act on a Resolution Authorizing the Rejection of Proposal Under Solicitation 22-07RFP for the APEX Centre Water Slide Audio, Light & Game Package Attachments: Resolution 22-0205 Consider/Discuss/Act on a Resolution Awarding a Contract to J & M Robertson, Inc. dba JMR Construction of Richardson, Texas for the Reconstruction of 213 Wilson Street, McKinney, Texas 75069 Attachments: Resolution Bid Tabulation 22-0206 Consider/Discuss/Act on a Resolution Awarding a Contract to J & M Robertson, Inc. dba JMR Construction of Richardson, Texas for the Reconstruction of 906 Throckmorton Street, McKinney, Texas 75069 Attachments: Resolution Bid Tabulation 22-0207 Consider/Discuss/Act on a Resolution Awarding a Contract to J & M Robertson, Inc. dba JMR Construction of Richardson, Texas for the Reconstruction of 1004 Throckmorton Street, McKinney, Texas 75069 Attachments: Resolution Bid Tabulation 22-0208 Consider/Discuss/Act on a Resolution of the City Council of the City of McKinney, Texas, Approving the Pursuit of Legal Remedies Against Video Service Providers for Non-Payment of Franchise Fees and the Engagement of McKool Smith, P.C., Ashcroft Sutton Reyes LLC, and Korein Tillery LLC for Legal Services Under a Contingent Fee Contract Contingent Upon Approval of the Contract by the Office of the Attorney General of Texas Pursuant to Section 2254 of the Texas Government Code and Providing an Effective Date CITY OF McKINNEY, TEXAS Page 5 Printed on 2/25/2022 City Council Regular Meeting Agenda March 1, 2022 Attachments: Resolution Public Notice Contract Fee Allocation Agreement 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. 22-0018PF Consider/Discuss/Act on a Preliminary-Final Plat for Trinity Falls Planning Unit 6, Located Northeast Corner of Hardin Boulevard and Parkland Crescent Attachments: Standard Conditions Checklist Location Map and Aerial Exhibit Letter of Intent Proposed Preliminary-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. 22-0209 Receive the City Secretary’s Submittal and Findings Regarding a Filed Local Option Election Petition for the Legal Sale of All Alcoholic Beverages for Off-Premise Consumption Only under Chapter 501 of the Texas Election Code Attachments: Certification Tabulation Summary 22-0210 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 CITY OF McKINNEY, TEXAS Page 6 Printed on 2/25/2022 City Council Regular Meeting Agenda March 1, 2022 Certain Property is Identified as Block 7, Lots 10B, 11B and 12B in the H&TC Railroad Addition an Addition to the City of McKinney and Commonly Known as 208 Main Street and Generally Located on the East Side of Main Street North of 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 21-0004A/21- Conduct a Public Hearing to Consider/Discuss/Act on a 0038Z2 Petition to Annex (Case No. 21-0004A) and a Request to Zone (Case No. 21-0038Z) on Certain Land (the “Property”) to “PD” - Planned Development District, Located on the East Side of State Highway 5 (McDonald Street) and Approximately 600 Feet North of the Intersection of County Road 278 and Fannin Road, and Related Ordinance(s) and Agreements Attachments: Location Map and Aerial Exhibit Draft 020822 PZ Minutes Letter of Intent Letter of Opposition Citizen Comment Petition Requesting Annexation Proposed Development and Annexation Agreement 1295 Certificate Proposed Annexation Ordinance Proposed Annexation Exhibits A-D 21-0038Z - Zoning Request Information Written Protest Form Written Protest Map Proposed Zoning Ordinance Proposed Zoning Exhibits A-D Presentation CITY OF McKINNEY, TEXAS Page 7 Printed on 2/25/2022 City Council Regular Meeting Agenda March 1, 2022 22-0211 Consider/Discuss/Act on a Resolution Amending the City’s Policy for Board and Commission Member Appointments and Eligibility Attachments: Resolution 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 C. Section 551.072. Deliberations about Real Property D. Section 551.074. Personnel Matters E. Section 551.087. Deliberation Regarding Economic Development Matters - Project Apple - Project ERM ACTION ON EXECUTIVE SESSION ITEMS ADJOURN CITY OF McKINNEY, TEXAS Page 8 Printed on 2/25/2022 City Council Regular Meeting Agenda March 1, 2022 Posted in accordance with the Texas Government Code, Chapter 551, at or before 6:00p.m., February 26th, 2022 ________________________________ 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 2/25/2022