City Council Regular Meeting

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Tuesday, September 19, 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://mckinney.legistar.com CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE INFORMATION SHARING ITEMS 23-0751 Proclamation for Childhood Cancer Awareness Month Attachments: Proclamation 23-0752 Proclamation for 2023 National Night Out Attachments: Proclamation MPD: National Night Out 23-0753 Proclamation for the McKinney Fire Department McTown Klownz Program 30th Anniversary Attachments: Proclamation McKinney FD: McTown Klownz PUBLIC COMMENTS ON AGENDA ITEMS (for Non-Public Hearing Items) CITY OF McKINNEY, TEXAS Page 1 Printed on 9/15/2023 City Council Regular Meeting Agenda September 19, 2023 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 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 23-0474 Minutes of the McKinney Armed Services Memorial Board Meeting of May 10, 2023 Attachments: Minutes 23-0675 Minutes of the McKinney Community Development Corporation Promotional and Community Events Subcommittee Meeting of July 17, 2023 Attachments: Minutes 23-0674 Minutes of the McKinney Community Development Corporation Special Meeting of July 17, 2023 Attachments: Minutes 23-0673 Minutes of the McKinney Community Development Corporation Meeting of July 27, 2023 Attachments: Minutes 23-0629 Minutes of the McKinney Main Street Board Meeting of July 13, 2023 Attachments: 071323 MMS Minutes.pdf 23-0279 Minutes of the Parks, Recreation, and Open Space Advisory CITY OF McKINNEY, TEXAS Page 2 Printed on 9/15/2023 City Council Regular Meeting Agenda September 19, 2023 Board Meeting of March 9, 2023 Attachments: Minutes 23-0455 Minutes of the Parks, Recreation and Open Space Advisory Board Meeting of May 11, 2023 Attachments: Minutes Consent ORDINANCES 23-0754 Consider/Discuss/Act on an Ordinance Amending Section 62-113 of the Code of Ordinances to Concur with Texas Department of Transportation Regarding the Speed Limit on Custer Road (FM 2478) from a Point 500 Feet North of Rhea Mills Circle to Laud Howell Parkway (FM 1461) Attachments: Ordinance Location Map Consent RESOLUTIONS 23-0755 Consider/Discuss/Act on a Resolution Adopting the Fiscal Year 2023-2024 Financial Policies Attachments: Resolution FY24 Financial Policies 23-0756 Consider/Discuss/Act on a Resolution Adopting the Fiscal Year 2023-2024 Investment Policy Attachments: Resolution FY24 Investment Policy 23-0757 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Change Order to the Construction Manager at Risk (CMAR) Services Contract with Lexon Surety for Additional Work Related to the Design and Construction of the TKI Executive Terminal located at 1508 Industrial Blvd, at the McKinney National Airport, McKinney Texas Attachments: Resolution Proposal CITY OF McKINNEY, TEXAS Page 3 Printed on 9/15/2023 City Council Regular Meeting Agenda September 19, 2023 23-0758 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Rich Leidl, P.C. for Federal Legislative Services Attachments: Resolution Contract Consent MISCELLANEOUS 23-0759 Consider/Discuss/Act on Approving an Amendment to Ultimate Boundary Line Agreement between the City of McKinney and the Town of Prosper Attachments: Location Map Amendment 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. 23-0001M2 Conduct a Public Hearing to Consider/Discuss/Act on Certain Amendments to Chapter 150, entitled “Unified Development Code,” of the Code of Ordinances, City of McKinney, Texas to correct typographical errors and make nonsubstantive editorial changes to Article 1 (General Provisions) and particularly to Sections 101 (Title), 102 (Purpose), 106B (Specific Use Permits), 108 (Maintenance, Enforcement, and Penalties), 110 (Administrative Authority), Article 2 (Zoning Regulations) and particularly to Sections 201 (Administration), 203A (Standard Procedures), 203B (Annexation), 203C (Zoning Procedures), 203D (Protest Procedures), 203E (Plan and Permit Procedures), 203F (Appeal Procedures), 203G (Flexibility and Relief Procedures), 204 (Zoning Districts), 205 (Use Regulations), 206A (Landscaping) 206C (Screening), 206D (Commercial Garbage/Recycling Containers and Enclosures), 206E CITY OF McKINNEY, TEXAS Page 4 Printed on 9/15/2023 City Council Regular Meeting Agenda September 19, 2023 (Vehicle Parking and Loading), 206F (Architectural Standards), 206G (Multi-Family Residential Site Design), 206H (Communication Antennas, Support Structures, and Satellite Dishes), Appendix 2A (Approved Plant List), and Article 8 (Terms and Definitions) particularly to Section 802 (Definitions), Make Substantive Changes to Sections: 108B (Maintenance), 110B1 (Board of Adjustment), 201C4 (Continuing Legal Nonconformity), 203A4 (Public Notice), 203D (Protest Procedures), 203E2 (Landscape Plan), 203E6 (Certificate of Appropriateness), 203F1 (Administrative Appeal), 203G3 (Variance), 204B3 (Zoning District Correspondence), 204I (TR1.8 - Townhome Residential), 204W (AP - Airport), 204BB (TMN - Traditional McKinney Neighborhood), 204EE1 (Building Height), 205B5 (Table of Uses), 205F (Non-Residential Uses) for Airports, Car Washes, and Day Care Centers, 205G2 (Accessory Uses Definitions and Standards), 205I3 (Food Trucks, Operation Sites, and Food Truck Courts), 206A4 (Planting Requirements), 206A5 (Site-Specific Landscape Standards), 206C3 (Screening Requirements), 206E3 (Parking Calculations), 206E4 (Parking Modifications and Reductions), 206E5 (On-site Parking Design and Pavement), Appendix 2A (Approved Plant List), Appendix 2B (McKinney Town Center MTC), and 802 Definitions, Establishing Sections 201E (Existing Sites Impacted by the Acquisition of Right-of-Way) and 206I (Food Trucks, Food Truck Operation Sites, and Food Truck Courts) in Article 2 (Zoning Regulations) of Chapter 150, entitled “Unified Development Code,” of the Code of Ordinances, City of McKinney, Texas, in addition to Establishing a New Article 4 named “Tree Preservation” and Renumbering Current Articles 4, 5, 6, 7 and 8, respectively, as New Articles 5, 6, 7, 8 and 9 to Chapter 150 (Unified Development Code) to Include the New Article 4, and Deleting Sections 203E.3, “Tree Preservation Plan,” 203E.4, “Tree Permit,” and 206B, “Tree Preservation,” from Article 2 (Zoning Regulations) and Renumbering and Relocating Such Sections 203E.3, 203E.4, and 206B, into the New Article 4 Named “Tree Preservation” to Chapter 150 (Unified Development Code), and Accompanying Ordinance CITY OF McKINNEY, TEXAS Page 5 Printed on 9/15/2023 City Council Regular Meeting Agenda September 19, 2023 Attachments: Presentation Draft 08/22 PZ Minutes Existing Unified Development Code Redlines Proposed Ordinance Exhibit A 23-0002M Conduct a Public Hearing to Discuss/Consider/Act on Amendments to Chapter 150, entitled “Unified Development Code,” of the Code of Ordinances, City of McKinney, Texas to Correct Typographical Errors and Make Nonsubstantive editorial changes to Article 3 (Subdivision Regulations), Article 4 (Signs), and Article 7 (Stormwater Management) and to: (1) Make Certain Substantive Changes Related to Platting, Public Improvements, Engineering and Construction Standards, Facilities Agreements, Pro Rata Payments, Home Owner’s and Property Owner’s Associations Common Areas, Street Connection Design Standards, Residential Buffer and Screening, and Private Street Regulations of Article 3 (Subdivision Regulations); (2) Update the Authority and Jurisdiction of Article 4 (Signs); (3) Add a Meritorious Exception Process to Article 5 (Exterior Lighting); and (4) Modify the Requirements for Appeals and Variances and Erosion Control Deposits of Article 7 (Stormwater Management), and Accompanying Ordinance Attachments: Ordinance (redline) Ordinance (proposed) Exhibit A Presentation 23-0004M2 Conduct a Public Hearing to Consider/Discuss/Act on Amendments to New Article 4, entitled “Tree Preservation,” to Chapter 150, entitled “Unified Development Code,” of the Code of Ordinances, and Accompanying Ordinance Attachments: Draft 8/22 PZ Minutes Ordinance (redline) Ordinance (proposed) Exhibit A Presentation CITY OF McKINNEY, TEXAS Page 6 Printed on 9/15/2023 City Council Regular Meeting Agenda September 19, 2023 23-0058Z2 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District to “C2” - Local Commercial District, Located at 4050 West University Drive, and Accompanying Ordinance (REQUEST TO BE TABLED) Attachments: Location Map and Aerial Exhibit 23-0039Z4 Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “RED-1” - Residential Estate District to “R6” - Residential District and “R43” - Residential Estate District, Located at 105 South West Park Drive, and Accompanying Ordinance Attachments: PZ Minutes 08.22.2023 Location Map and Aerial Exhibit Letter of Intent Comprehensive Plan Maps Established Community District Placetype Definitions Fiscal Analysis Land Use Comparison Table Written Protest Form Written Protest Exhibit Proposed Ordinance Exhibits A-C Presentation 23-0760 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract for Construction Manager at Risk (CMAR) Services with Pogue Construction Company, LP of McKinney, Texas for a Guaranteed Maximum Price (GMP) for Construction Services Related to the Design and Construction of the McKinney Fire Department Headquarters Project Located at 2100 Taylor Burk Drive, McKinney, Texas Attachments: Resolution GMP Proposal CITY OF McKINNEY, TEXAS Page 7 Printed on 9/15/2023 City Council Regular Meeting Agenda September 19, 2023 23-0761 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Additional Services Agreement with 720 Design, Inc. of Dallas, Texas for Professional Consulting Services and Owner’s Representative Services Related to the construction of the McKinney Fire Department Headquarters project (FI2111) located at 2100 Taylor Burk Drive, McKinney Attachments: Resolution Proposal 23-0762 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Design-Build Amendment to the Professional Design/Build Services Agreement with PassBuilt Construction, LLC for a Guaranteed Maximum Price (GMP) for the Recreation Center at Towne Lake Renovation (RCTL) Project (PK4397) located at 2001 S. Central Expwy, McKinney, Texas 75070 Attachments: Resolution GMP Proposal Architectural Plan 23-0763 Consider/Discuss/Act on Appointing a 2024 Municipal Bond Committee Attachments: Presentation 23-0764 Consider/Discuss/Act on Appointing Two Members of the City Council to Serve on an Interview Panel for the Downtown Redevelopment Request for Qualifications (23-38RFQ) Attachments: 23-38RFQ 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 CITY OF McKINNEY, TEXAS Page 8 Printed on 9/15/2023 City Council Regular Meeting Agenda September 19, 2023 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) - Master Services Agreement by and between City of McKinney, Texas and Sierra-Cedar, LLC dated January 25, 2021 B. Section 551.072. Deliberations about Real Property - Municipal Facilities C. Section 551.087. Deliberation Regarding Economic Development Matters - Project De La Vega ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with Texas Government Code, Chapter 551, on September 15, 2023. ________________________ Empress Drane, City Secretary Tenitrus Bethel, 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 9/15/2023