City Council Regular Meeting

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Tuesday, December 5, 2023 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 https://mckinneytx.new.swagit.com/views/130 CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE INFORMATION SHARING ITEMS 23-0970 Presentation of Cardiac Arrest Survivors Board 23-0971 Proclamation for Lead By Example Non-Profit Organization Third Year of Service 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. 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. 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. CONSENT AGENDA CITY OF McKINNEY, TEXAS Page 1 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 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. Consent MINUTES 23-0972 Minutes of the City Council Work Session of November 7, 2023 Attachments: Minutes 23-0973 Minutes of the City Council Regular Meeting of November 7, 2023 Attachments: Minutes 23-0893 Minutes of the Historic Preservation Advisory Board Regular Meeting of October 5, 2023 Attachments: Minutes 23-0871 Minutes of the Library Advisory Board meeting of August 17, 2023 Attachments: Minutes 23-0939 Minutes of the Library Advisory Board Meeting of October 19, 2023 Attachments: Minutes 23-0888 Minutes of the McKinney Armed Services Memorial Board Meeting of October 11, 2023 Attachments: Minutes 23-0744 Minutes of the McKinney Economic Development Corporation Special Meeting of January 24, 2023 Attachments: Minutes 23-0742 Minutes of the McKinney Economic Development Corporation Meeting of August 15, 2023 CITY OF McKINNEY, TEXAS Page 2 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 Attachments: Minutes 23-0743 Minutes of the McKinney Economic Development Corporation Special Meeting of August 29, 2023 Attachments: Minutes 23-0848 Minutes of the McKinney Economic Development Corporation Meeting of September 19, 2023 Attachments: Minutes 23-0945 Minutes of the McKinney Economic Development Corporation Meeting of October 17, 2023 Attachments: Minutes 23-0829 Minutes of the Parks, Recreation and Open Space Advisory Board Meeting of September 14, 2023 Attachments: Minutes 23-0930 Minutes of the Parks, Recreation and Open Space Advisory Board Meeting of October 12, 2023 Attachments: Minutes 23-0897 Minutes of the Tax Increment Reinvestment Zone Number Two (TIRZ2) Board Meeting of March 7, 2023 Attachments: Minutes Consent ORDINANCES 23-0974 Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2023-2024 Annual Budget and the 2024-2028 Capital Improvements Program to Provide Funds for Project AI2114, Taxilane A Realignment and Rehabilitation Phase I Attachments: Ordinance 23-0975 Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2023-2024 Annual Budget and Amending the CITY OF McKINNEY, TEXAS Page 3 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 2024-2028 Capital Improvements Program to Provide Funds for the City Safety Action Plan Project Attachments: Ordinance 23-0976 Consider/Discuss/Act on an Ordinance Amending the Fiscal Year 2023-2024 Annual Budget and Amending the 2024-2028 Capital Improvements Program, to Provide Funds for the Lower 5 Plaza Design (PK2234) Attachments: Ordinance Consent RESOLUTIONS 23-0977 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Accept a Federal Grant from the United States Department of Transportation (USDOT) to develop a comprehensive Safety Action Plan through the Safe Streets and Roads for All (SS4A) Program Attachments: Resolution 23-0978 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Enter into an Agreement with the Regional Transportation Council for Award of Transportation Development Credits for Various Mobility Management and Preventative Maintenance Expenses Related to the Collin County Transit Program Attachments: Resolution 2024 TDC Agreement 23-0979 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Professional Services Contract with F1RST Sports Academy LLC to Enhance Wellness Program and Mental Health Services for First Responders Attachments: Resolution 23-0980 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Kimley-Horn and Associates, Inc. for Professional Engineering Design CITY OF McKINNEY, TEXAS Page 4 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 Services for the Lower 5 Plaza Infrastructure Improvements Project and Authorizing Any Necessary Supplemental Agreements Attachments: Resolution Location Map 23-0981 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Kimley-Horn and Associates, Inc. for Professional Engineering Design Services for the Lower 5 Plaza Park Improvements Project and Authorizing Any Necessary Supplemental Agreements Attachments: Resolution Location Map 23-0982 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with TEAM Consultants, Inc. for Materials Testing Services on the Virginia Street and Throckmorton Street Infrastructure Improvements (Municipal Complex) Project Attachments: Resolution Location Map Cost Estimate 23-0983 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Development Agreement for the Platting and Conveyance of Certain Land together with an Escrow Deposit and Chapter 380 Grant for the Rehabilitation of a Dam Structure with McKinney SH II, Ltd. and Raytheon Company Attachments: Resolution 23-0984 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Grant Agreement with The Texas Department of Transportation for McKinney National Airport Project AI2114, Taxilane A Realignment and Rehabilitation Attachments: Resolution CITY OF McKINNEY, TEXAS Page 5 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 23-0985 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Professional Services Contract with LJA Engineering of McKinney, Texas, for Landscape Architectural and Engineering Services Related to the Design of the Wilson Creek Greens Trail Phase 2 Attachments: Resolution 23-0986 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Roadway Impact Fee Reimbursement Agreement with Eastgroup Properties, LP, for the Construction of Portions of Collin McKinney Parkway and Hardin Boulevard and Dedication of Right-of-Way, Serving an Approximately 27.64 Acre Industrial Development (McKinney 121), Generally Located on the North Side of Collin McKinney Parkway and the West Side of Hardin Boulevard Attachments: Proposed Resolution Proposed Agreement Location Map and Aerial Exhibit Roadway Construction Exhibit 23-0987 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Supplemental Agreement with Kleinfelder, Inc. for Materials Testing Services for the Wilmeth Road (Lake Forest Drive to Hardin Boulevard) Project Attachments: Resolution Location Map 23-0988 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Interlocal Cooperation Agreement among North Texas Municipal Water District, the City of McKinney, and Collin County for the Conveyance of Real Property Attachments: Resolution Interlocal Cooperation Agreement Location Map CITY OF McKINNEY, TEXAS Page 6 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 23-0989 Consider/Discuss/Act on a Resolution of the City of McKinney, Texas, Finding That Coserv Gas, Ltd.’s Statement of Intent to Increase Rates Within the City Should Be Denied; 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 the City’s Legal Counsel. Attachments: Resolution Consent MISCELLANEOUS 23-0002CP2 Consider/Discuss/Act on a Concept Plan for Bloomdale 140 Townhomes, Located on the East Side of Future Hardin Boulevard and Approximately 300 Feet North of Bloomdale Road Attachments: Draft PZ Minutes 11.14.2023 Location Map and Aerial Exhibit Letter of Intent Ex. PD Ord. No. 1703 Proposed Concept Plan END OF CONSENT AGENDA REGULAR AGENDA AND PUBLIC HEARING ITEMS This portion of the agenda consists of items requiring individual consideration by the Council. 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. 23-0990 Conduct a Public Hearing to Consider/Discuss on an Update of the Community Development Block Grant (CDBG) Consolidated Annual Performance Evaluation Report (CAPER), Program Year 2022-23 CITY OF McKINNEY, TEXAS Page 7 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 Attachments: CAPER Drawdown Report 23-0063Z5 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from "C" - Planned Center District to "LI" - Light Industrial District, Located at 3200 North Central Expressway, and Accompanying Ordinance Attachments: PZ Minutes 09-26-2023 Location Map and Aerial Exhibit Letter of Intent Comprehensive Plan Maps Oak Hollow District Placetype Definitions Fiscal Analysis Land Use Comparison Table Proposed Zoning Ordinance Zoning Exhibit A-C Use Restrictions - Informational Only Presentation 23-0991 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Change Orders with DDM Construction Corporation, for the Construction of the Virginia Street and Throckmorton Street Infrastructure Improvements (Municipal Complex) Project Attachments: Resolution Recommendation Location Map CO2235 - Council Presentation 23-0992 Consider/Discuss/Act on a Resolution Authorizing the Sale of Three Tracts of Land Totaling Approximately 29.215 Acres of Land as More Particularly Described Hereinafter, Consisting of Approximately 8.695 Acres of Land Located North of Old Mill Road West of its Intersection with County Road 317 CITY OF McKINNEY, TEXAS Page 8 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 (Tract I), Approximately 11.142 Acres of Land Located South of Farm to Market Road 546 at its Intersection with County Road 317 (Tract II), and Approximately 9.378 Acres of Land Located at the Northwest Quadrant of Farm to Market Road 546 and County Road 722 (Tract III) to the State of Texas for the Construction of the Spur 399 Project; 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 Exhibit A Location Map 23-0993 Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Property Easement Rights for Public Use by Eminent Domain for a Sanitary Sewer Line Easement and a Temporary Construction Easement associated with the SH 5 Utility Relocation Project (WA1633 & WW1633) which Property is Located at the Intersection of S. McDonald Street and Tennessee Street and Authorizing the City Manager to Establish Procedures for Acquiring the Easements on Said Property, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions Attachments: Resolution Exhibits A-B Location Map 23-0994 Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Property Easement Rights for Public Use by Eminent Domain for a Water Line Easement and a Temporary Construction Easement associated with the SH 5 Utility Relocation Project (WA1633 & WW1633) which Property is Located East of the Intersection of N. McDonald Street and Midway Street and Authorizing the City Manager to Establish Procedures for Acquiring the Easements on Said Property, and Take All Steps Necessary to Acquire the Needed Property Rights in CITY OF McKINNEY, TEXAS Page 9 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 Compliance with all Applicable Laws and Resolutions Attachments: Resolution Exhibits A-B Location Map 23-0995 Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Property Easement Rights for Public Use by Eminent Domain for a Sanitary Sewer Line Easement and a Temporary Construction Easement associated with the SH 5 Utility Relocation Project (WA1633 & WW1633) which Property is Located on the East Side of S. McDonald Street North of the Intersection of Spur 399 and Medical Center Drive and Authorizing the City Manager to Establish Procedures for Acquiring the Easements on Said Property, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions Attachments: Resolution Exhibits A-B Location Map 23-0996 Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Property Easement Rights for Public Use by Eminent Domain for a Water Line Easement and a Temporary Construction Easement associated with the Independence Parkway 24 Inch Water Line Project (WA0210) which Property is Located on US 380/W. University Drive, West of Custer Road and Authorizing the City Manager to Establish Procedures for Acquiring the Easements on Said Property, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions Attachments: Resolution Exhibits A-B Location Map 23-0997 Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Property CITY OF McKINNEY, TEXAS Page 10 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 Easement Rights for Public Use by Eminent Domain for a Water Line Easement and a Temporary Construction Easement associated with the Independence Parkway 24 Inch Water Line Project (WA0210) which Property is Located North of the Terminus of Independence Parkway at Virginia Parkway and Authorizing the City Manager to Establish Procedures for Acquiring the Easements on Said Property, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions Attachments: Resolution Exhibits A-B Location Map 23-0998 Consider/Discuss/Act on Designating a Board Chair of the Tax Increment Reinvestment Zone Board Number One (TIRZ1) Board 23-0999 Consider/Discuss/Act on Designating a Board Chair of the Tax Increment Reinvestment Zone Board Number Two (TIRZ2) Board END OF REGULAR AGENDA AND PUBLIC HEARING ITEMS CITIZEN COMMENTS on Matters not on the Agenda 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. 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 11 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 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) - Amendment of Boundary Agreement with the City of Princeton involving exchange of approximately 200 acres of land located at the terminus of Hickory Hill Lane and Oakfield Drive and within the Thomas A. Rhodes and David Cherry surveys with 200 acres of land located generally on FM 546 and within the Calvin Boles and W. D. Thompson surveys C. Section 551.072. Deliberations about Real Property - Municipal Facilities - Downtown City-Owned Property Redevelopment (23-38RFQ) E. Section 551.087. Deliberation Regarding Economic Development Matters - Chapter 380 Development Program and Agreement with Raytheon Company - Craig Ranch Hotel, LLC - Project Blue Sky - Project Hemispheres - Project Vibes ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with Texas Government Code, Chapter 551, at or before December 1, 2023, 6:00 p.m. ________________________ Empress Drane, City Secretary Tenitrus Bethel, Deputy City Secretary CITY OF McKINNEY, TEXAS Page 12 Printed on 12/1/2023 City Council Regular Meeting Agenda December 5, 2023 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 13 Printed on 12/1/2023