City Council Regular Meeting

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Tuesday, September 7, 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. 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 Pastor Luis Rosenthal, McKinney First Baptist Church INFORMATION SHARING 21-0760 Proclamation for McKinney Police Officer Lindsey Paul, Cold Bore World Record Holder Attachments: Proclamation 21-0761 Proclamation for National Senior Center Month Attachments: Proclamation 21-0762 Proclamation for Prostate Cancer Awareness Month Attachments: Proclamation PUBLIC COMMENTS ON AGENDA ITEMS (For Non-Public Hearing Agenda Items) CITY OF McKINNEY, TEXAS Page 1 Printed on 11/4/2021 City Council Regular Meeting Agenda September 7, 2021 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. Speaker Request cards must be submitted before the start of the meeting, either in person or by email to contact-citysecretary@mckinneytexas.org. Written Public Comments may be submitted to the City Council online at http://www.mckinneytexas.org/CitizenComments. Agenda-related comments and non-agenda comments received at http://www.mckinneytexas.org/CitizenComments between the time of this posting and 6:00p.m. on Tuesday, September 7, 2021 will be recorded in the meeting minutes. 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 21-0763 Minutes of the Joint Meeting of City Council and McKinney Independent School District of Board of Trustees of February 22, 2021 Attachments: Minutes 21-0584 Minutes of the Joint Meeting of Parks, Recreation, and Open Space Advisory Board and McKinney Community Development Corporation of June 10, 2021 Attachments: Minutes 21-0764 Minutes of the City Council Budget Work Session of August 13, 2021 Attachments: Minutes 21-0765 Minutes of the City Council Work Session of August 17, 2021 Attachments: Minutes 21-0766 Minutes of the City Council Regular Meeting of August 17, 2021 CITY OF McKINNEY, TEXAS Page 2 Printed on 11/4/2021 City Council Regular Meeting Agenda September 7, 2021 Attachments: Minutes 21-0767 Minutes of the City Council Special Meeting of August 24, 2021 for Boards & Commissions Appointments Attachments: Minutes 21-0697 Minutes of the Animal Service Facilities Advisory Committee Meeting of July 7, 2021 Attachments: Minutes 21-0736 Minutes of the Building and Standards Commission Meeting of February 8, 2021 Attachments: Minutes 21-0739 Minutes of the McKinney Community Development Corporation Meeting of July 22, 2021 Attachments: Minutes 21-0708 Minutes of the McKinney Economic Development Corporation Meeting of July 20, 2021 Attachments: Minutes 21-0768 Minutes of the McKinney Housing Authority Minutes of October 27, 2020 Attachments: Minutes 21-0706 Minutes of the McKinney Housing Finance Corporation Meeting July 16, 2021 Attachments: Minutes 21-0692 Minutes of the McKinney Main Street Board Meeting of July 8, 2021 Attachments: Minutes 21-0346 Minutes of the McKinney Urban Transit District Board Meeting of February 9, 2021 CITY OF McKINNEY, TEXAS Page 3 Printed on 11/4/2021 City Council Regular Meeting Agenda September 7, 2021 Attachments: Minutes 21-0714 Minutes of the McKinney Urban Transit District Board Meeting of May 19, 2021 Attachments: Minutes 21-0749 Minutes of the Planning & Zoning Commission Regular Meeting of August 10, 2021 Attachments: Minutes 21-0754 Minutes of the Visit McKinney Board Meeting of July 27, 2021 Attachments: Minutes RESOLUTIONS 21-0775 Consider/Discuss/Act on a Resolution Adopting the Fiscal Year 2021-2022 Financial Policies Attachments: Resolution Policies 21-0776 Consider/Discuss/Act on a Resolution Adopting the Fiscal Year 2021-2022 Investment Policy Attachments: Resolution Policy Policy (Redline) 21-0777 Consider/Discuss/Act on a Resolution Approving a Negotiated Settlement Between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division Regarding the Company’s 2021 Rate Review Mechanism Filing; Declaring Existing Rates to be Unreasonable; Adopting Tariffs that Reflect Rate Adjustments Consistent With the Negotiated Settlement; Finding Rates to be Set by the Attached Settlement Tariffs to be Just and Reasonable and in the Public Interest; Approving an Attached Exhibit Establishing a Benchmark for Pensions CITY OF McKINNEY, TEXAS Page 4 Printed on 11/4/2021 City Council Regular Meeting Agenda September 7, 2021 and Retiree Medical Benefits; Approving an Attached Exhibit Regarding Amortization of Regulatory Liability; Requiring the Company to Reimburse ACSC’S Reasonable Ratemaking Expenses; Determining that this Resolution was Passed in Accordance with the Requirements of the Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; and Requiring Delivery of this Resolution to the Company and the ACSC’S Legal Counsel Attachments: Resolution ACSC Staff Report 21-0778 Consider/Discuss/Act on a Resolution Approving Qualified Firms to Provide On Call Roadway Professional Services and On Call Utility Professional Services, and Authorizing the City Manager to Execute Agreements for Professional Services Attachments: Resolution 21-41RFQ Scoring Summary 21-42RFQ Scoring Summary 21-0779 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Enter into an Interlocal Cooperation Agreement for Police Academy Training Services Attachments: Resolution Interlocal Agreement 21-0780 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Interlocal Cooperation and Settlement Agreement Establishing the Location of the Extraterritorial Jurisdiction (ETJ) between the City of McKinney and the Town of New Hope CITY OF McKINNEY, TEXAS Page 5 Printed on 11/4/2021 City Council Regular Meeting Agenda September 7, 2021 Attachments: ETJ Boundary Exhibit Proposed Resolution including Agreement Agreement Exhibit A - Overall Map Agreement Exhibit B - Area A Agreement Exhibit C - Area B Agreement Exhibit D - Area C Agreement Exhibit E - Development Authority Map 21-0781 Consider/Discuss/Act on a Resolution Awarding a Contract to J & M Robertson, Inc. dba JMR Construction of McKinney, Texas for the Rehabilitation of 208 S. Bradley Street, McKinney, Texas 75069 Attachments: Resolution 21-0782 Consider/Discuss/Act on a Resolution Naming a 10 Acre Neighborhood Park Site Located in the Prestwyck Subdivision Attachments: Resolution Location Map END OF CONSENT REGULAR AGENDA AND PUBLIC HEARINGS This portion of the agenda consists of items requiring individual consideration by the Council. 21-0783 Conduct Public Hearing to Consider/Discuss/Act on the Adoption of the Budget Appropriation Ordinance for FY 2021-22 Attachments: Ordinance Presentation 21-0784 Consider/Discuss/Act on an Ordinance to Ratify the Property Tax Revenue Increase in the Fiscal Year 2021-22 Budget as a Result of the City Receiving More Revenues from Property Taxes than the Previous Fiscal Year CITY OF McKINNEY, TEXAS Page 6 Printed on 11/4/2021 City Council Regular Meeting Agenda September 7, 2021 Attachments: Ordinance 21-0785 Conduct Public Hearing to Consider/Discuss/Act on an Ordinance Adopting a Tax Rate for Fiscal Year 2021-22 (Tax Year 2021) Attachments: Ordinance Presentation 21-0786 Consider/Discuss/Act on an Ordinance to Change Rates/Fees for City Services Attachments: Ordinance Ordinance (redline) Fee Change Schedule 21-0787 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Pre-Construction Contract with Pogue Construction Co., LP for Pre-Construction Services Related to the Design and Construction of the McKinney Municipal Complex Project (FC1707) Attachments: Resolution Proposal 21-0788 Consider/Discuss/Act on a Resolution Adopting a Policy Governing Public Improvement Districts (PID) within the City of McKinney Attachments: Resolution Presentation 21-0008SUP2 Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit to Allow for a Private Club (Barons Creek Vineyard), Located at 301 W Louisiana Street, and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 7 Printed on 11/4/2021 City Council Regular Meeting Agenda September 7, 2021 Attachments: 08.10.2021 PZ Minutes Location Map and Aerial Exhibit Letter of Intent Citizen Comments Proposed Ordinance Proposed Exhibits A-B Presentation 21-0005Z6 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 (REQUEST TO BE TABLED) Attachments: PZ Minutes 022321 PZ Minutes 030921 PZ Minutes 020921 Location Map and Aerial Exhibit Letter of Intent Letters of Support Letters of Opposition Written Protest Written 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 21-0046Z3 Conduct a Public Hearing to Consider / Discuss / Act on a CITY OF McKINNEY, TEXAS Page 8 Printed on 11/4/2021 City Council Regular Meeting Agenda September 7, 2021 Request to Rezone the Subject Property from “PD” - Planned Development District and “CC”- Corridor Commercial Overlay District to “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District, Generally to Modify the Uses and Development Standards, Located on the South Side of U.S. Highway 380 (University Drive) and approximately 500 Feet East of Custer Road Attachments: 08.10.2021 PZ Minutes Location Map and Aerial Exhibit Comprehensive Plan Maps Established Community District Placetype Definitions Fiscal Analysis Land Use Comparison Table Ex. PD Ordinance No. 2001-07-080 Ex. PD Ordinance No. 2003-02-015 Ex. PD Ordinance No. 1621 Ex. PD Ordinance No. 1997-06-36 Ex. PD Ordinance No. 2000-11-092 Proposed Ordinance Proposed Exhibits A-D Presentation 21-0083Z2 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “AG” - Agricultural District and “CC” - Corridor Commercial Overlay District to “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District, to Allow Multi-Family Uses and to Modify the Development Standards, Located on the West Side of Bois D’Arc Road and Approximately 540 Feet South of U.S. Highway 380 (University Drive), and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 9 Printed on 11/4/2021 City Council Regular Meeting Agenda September 7, 2021 Attachments: 08.10.2021 PZ Minutes Location Map and Aerial Exhibit Letters of Opposition Protest Map Comprehensive Plan Maps Collin Crossing District Placetype Definitions Fiscal Analysis Land Use Comparison Table Proposed Ordinance Proposed Exhibit A-D 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) B. Section 551.071 (A) Pending or contemplated litigation - KLA International Sports Management, LLC v. The City of McKinney, Cause No. 471-02979-2020, In the District Court, 471st Judicial District, Collin County, Texas - Hemphill, LLC v. City of McKinney Civil Action File No. 4:21-cv-00655, United States District Court, Eastern District of Texas - 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 CITY OF McKINNEY, TEXAS Page 10 Printed on 11/4/2021 City Council Regular Meeting Agenda September 7, 2021 C. Section 551.072. Deliberations about Real Property - Municipal Facilities D. Section 551.074. Personnel Matters - Meet and Confer Agreement between the City of McKinney, Texas and the Professional Fire Fighters of McKinney, IAFF 266, dated September 5, 2017 E. Section 551.087. Deliberation Regarding Economic Development Matters - Project DLV - Project Yellow ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with the Texas Government Code, Chapter 551, at or before 6:00p.m., September 4, 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 11 Printed on 11/4/2021