City Council Regular Meeting

CITY OF McKINNEY, TEXAS Agenda City Council Regular Meeting Tuesday, September 17, 2024 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 24-1971 Proclamation for Childhood Cancer Awareness Month Attachments: Proclamation 24-1972 Proclamation for Suicide Prevention Awareness Month Attachments: Proclamation 24-1973 Proclamation for Constitution Week 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. CITY OF McKINNEY, TEXAS Page 1 Printed on 9/13/2024 City Council Regular Meeting Agenda September 17, 2024 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 24-1974 Minutes of the City Council Work Session of September 3, 2024 Attachments: Minutes 24-1975 Minutes of the City Council Regular Meeting of September 3, 2024 Attachments: Minutes 24-1897 Minutes of the Board of Adjustments Regular Meeting of June 26, 2024 Attachments: Minutes 24-1776 Minutes of the Library Advisory Board Meeting of June 20, 2024 Attachments: Minutes 24-1840 Minutes of the McKinney Housing Finance Corporation Meeting of June 14, 2024 Attachments: Minutes 24-1818 Minutes of the McKinney Main Street Board Meeting of July 11, 2024 Attachments: Minutes 23-0505 Minutes of the McKinney Urban Transit District Board Meeting of May 16, 2023 CITY OF McKINNEY, TEXAS Page 2 Printed on 9/13/2024 City Council Regular Meeting Agenda September 17, 2024 Attachments: Minutes Consent ORDINANCES 24-1976 Consider/Discuss/Act to Approve Amendments to Multiple Sections of the Solid Waste Ordinance (Chapter 86) and Appendix A, entitled “Scheduled of Fees” Attachments: Ordinance 24-1977 Consider/Discuss/Act on an Ordinance Replacing the City’s Existing Rotating Permit System for Police-Initiated Wrecker Requests with a New Contractually Awarded Sole Provider for Such Wrecker Services by Repealing Chapter 114 of the City’s Code of Ordinances, Entitled “Wrecker Services,” in its Entirety and Replacing said Chapter with a New Chapter 114, also Entitled “Wrecker Services”; Amending “Appendix A - Schedule Of Fees” by Repealing Chapter 114, Contained Therein, in its Entirety; Declaring that All Existing Tow Truck Permits Shall Expire at Midnight on September 30, 2024; Providing a Penalty; Repealing Conflicting Ordinances; Providing a Savings Clause; Providing a Severability Clause; Providing for Publication of the Caption of this Ordinance; and Providing for an Effective Date Attachments: Ordinance Consent RESOLUTIONS 24-1978 Consider/Discuss/Act on a Resolution Adopting the Fiscal Year 2024-2025 Financial Policies Attachments: Resolution Policies 24-1979 Consider/Discuss/Act on a Resolution Adopting the Fiscal Year 2024-2025 Investment Policy Attachments: Resolution Policy CITY OF McKINNEY, TEXAS Page 3 Printed on 9/13/2024 City Council Regular Meeting Agenda September 17, 2024 24-1980 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 Scoring Summary - Roadway Scoring Summary - Utility 24-1981 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Advance Funding Agreement (AFA) for Voluntary Local Government Contributions to Transportation Improvement Projects with the Texas Department of Transportation (TxDOT) for the construction of Continuous Illumination, Upgraded Drainage Systems, and Upgraded Median Treatments along State Highway 5 (SH 5) between Spur 399 and McMakin Street Attachments: Resolution Location Map 24-1982 Consider/ Discuss/ Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Change Orders with Central North Construction, LLC for the Construction of Intersection of Virigina Parkway at US-75 Attachments: Resolution Letter of Concurrence - TxDOT Letter of Concurrence - Halff 24-1983 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract with Roper’s LLC dba Roper’s Wrecker Service of McKinney, Texas for Towing Services for the McKinney Police Department Attachments: Resolution Scoring Summary Fee Schedule 24-1984 Consider/Discuss/Act on a Resolution Authorizing the City CITY OF McKINNEY, TEXAS Page 4 Printed on 9/13/2024 City Council Regular Meeting Agenda September 17, 2024 Manager to Execute a Supplemental Agreement with Terracon Consultants, Inc., for Materials Testing Services on the East Louisiana Street Improvements and Andrews Street and Green Street Infrastructure Improvements Projects Attachments: Resolution Location Map Fee Proposal 24-1985 Consider/Discuss/Act on a Resolution Authorizing the City Manager to rescind and repeal Resolution No. 2024-07-115(R) awarding a Contract to Western Municipal Construction of Texas, LLC, and to Execute a Contract and All Necessary Change Orders with DDM Construction Corporation for the Construction of the Lela, Jones, Foote, and Bradley Street Infrastructure Improvements Project Attachments: Resolution Location Map 24-1986 Consider/Discuss/Act on a Resolution Authorizing the Formal Rejection of all Proposals under Solicitation 24-23CSP Construction of McKinney Light Walk Attachments: Resolution 24-1987 Consider/Discuss/Act on a Resolution of Support Authorizing the City Manager, or Designee, to Apply for a Project Planning and Development Grant for a New Bridge on McIntyre Road East of State Highway 5 (Future Wilmeth Road) over the Dallas Area Rapid Transit (DART) Rail Lines to Eliminate an Existing At-Grade Railroad Crossing through the Fiscal Year 2023-2024 Railroad Crossing Elimination Grant Program and Accept Funding, if Awarded Attachments: Resolution Location Map 24-1988 Consider/Discuss/Act on a Resolution of the City Council of the City of McKinney, Texas, Approving a Negotiated Settlement Between the Atmos Cities Steering Committee CITY OF McKINNEY, TEXAS Page 5 Printed on 9/13/2024 City Council Regular Meeting Agenda September 17, 2024 (“ACSC”) and Atmos Energy Corp., Mid-Tex Division Regarding the Company’s 2024 Rate Review Mechanism Filing; Declaring Existing Rates to Be Unreasonable; Adopting Tariffs That Reflect Rate Adjustments Consistent With the Negotiated Settlement; Finding the Rates to Be Set by the Attached Settlement Tariffs to Be Just and Reasonable and in the Public Interest; Approving an Attachment Establishing a Benchmark for Pensions and Retiree Medical Benefits; 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 Attachment 1 Attachment 2 Average Bill 24-1989 Consider/Discuss/Act on a Resolution Approving the Request for Qualifications for Future Affordable Housing Development Utilizing Public Private Partnership with the McKinney Housing Finance Corporation Attachments: Resolution Request for Qualifications Presentation (Oct 2 2023) Consent MISCELLANEOUS 23-0001CP3 Consider/Discuss/Act on a Concept Plan for Modera McKinney Ridge Phase 2, Located on the East Side of Future Hardin Boulevard and Approximately 630 Feet North of Bloomdale Road CITY OF McKINNEY, TEXAS Page 6 Printed on 9/13/2024 City Council Regular Meeting Agenda September 17, 2024 Attachments: Location Map and Aerial Exhibit Letter of Intent Ex. PD Ord. No. 1703 Proposed Concept Plan 24-1990 Consider/Discuss/Act on Appointing Lacy DeHorney to the Animal Service Facility Advisory Committee (ASFAC) Attachments: City Code, Ch. 26, Art. IX Texas Health & Safety Code, Ch. 823 About ASFAC END OF CONSENT AGENDA PLAT CONSIDERATION under Chapter 212 of the Texas Local Government Code 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. 23-0048PP2 Consider/Discuss/Act on a Preliminary Plat for Kentucky Street Addition, Lots 1-17, Block A, and Lots 1-17, Block B, Located at 800 South Kentucky Street Attachments: Standard Conditions Checklist Location Map and Aerial Exhibit Letter of Intent Proposed Preliminary Plat 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. 24-1991 Consider/Discuss/Act on a Resolution Appointing Two City Council Members to Serve on a Subcommittee of the McKinney Housing Finance Corporation (MHFC) CITY OF McKINNEY, TEXAS Page 7 Printed on 9/13/2024 City Council Regular Meeting Agenda September 17, 2024 Attachments: Resolution 24-1992 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract and All Necessary Change Orders with RPMx Construction, LLC for the Construction of Runway 18 Extension (500-Foot) Attachments: Resolution Letter of Recommendation 24-1993 Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Agreement with Garver, LLC for McKinney National Airport Project AI2452, Extend Runway 18 | Phase 1 - 500’ North Attachments: Resolution Proposal 24-1994 Consider/Discuss/Act on a Resolution Authorizing the City Manager to execute a Federal Aviation Administration (FAA) Reimbursable Agreement for the relocation and construction on the Runway 18 NAVAIDS as part of the McKinney National Airport Project AI2452, Extend Runway 18 | Phase 1 - 500’ North Attachments: Resolution 21-SW-004594 TKI Final_8.20.24 24-0003A3 Conduct a Public Hearing to Consider/Discuss a Request by the City of McKinney to Enlarge and Extend the Boundary Limits of the City and to Annex (Case No. 24-0003A) the Subject Property, Located from that portion of Farm to Market Road 2478 (Custer Road) right-of-way located north of U.S. Highway 380 (West University Drive) and south of Farm to Market Road 1461 (Frontier Parkway); that portion of U.S. Highway 380 (West University Drive) right-of-way from approximately 310 feet east of Red Bud Drive to its intersection with Farm to Market Road 2478 (Custer Road); that portion of County Road 1461 (Frontier Parkway) right-of-way from its intersection with the former right-of-way of Farm to Market Road 2478 (Custer Road) to its CITY OF McKINNEY, TEXAS Page 8 Printed on 9/13/2024 City Council Regular Meeting Agenda September 17, 2024 intersection with the existing right-of-way of Farm to Market Road 2478 (Custer Road), from the right-of-way centerline south to the southern right-of-way boundary; and that portion of Farm to Market Road 2478 (Custer Road) north of County Road 1461 (Frontier Parkway) and south of County Road 170, from the right-of-way centerline east to the eastern right-of-way boundary into the City of McKinney's Corporate Limits, and Accompanying Ordinance Attachments: Location Map and Aerial Exhibit Proposed Annexation Ordinance Proposed Annexation Exhibits A-B Presentation 23-0006A/23- Conduct a Public Hearing to Consider/Discuss/Act on a 0106Z2 Petition to Annex (Case No. 23-0006A) and a Request to Zone (Case No. 23-0106Z) a Portion of the Subject Property to “PD” - Planned Development District, Generally for Residential and Commercial Uses; and Rezone a Portion of the Subject Property from “PD” - Planned Development District, “C” - Planned Center District, “O” - Office District, and “SF-5” - Single Family Residential District to “PD” - Planned Development District, Generally for Residential and Commercial Uses; and an Associated Annexation and Development Agreement with McKinney Ranch, LTD., Honey Creek Investments, LLC, and Barcelona 93, LTD (Case No. 23-0015DA); the Subject Property being 1,649 Acres Generally Located East of FM 1461 (Future Lake Forest Drive) and County Road 166 and South of County Road 168 and FM 543, and Accompanying Ordinance(s) CITY OF McKINNEY, TEXAS Page 9 Printed on 9/13/2024 City Council Regular Meeting Agenda September 17, 2024 Attachments: Annexation Letter of Intent Annexation Location Map and Aerial Exhibit Annexation Petition 1295 Certificate Proposed Annexation Ordinance Annexation Exhibits A-D Proposed Annexation and Development Agreement MMD Consent Resolution 2024-02-020(R) Zoning Letter of Intent Zoning Location Map and Aerial Exhibit 23-0106Z - Zoning Request Information Zoning Letter of Opposition Proposed Zoning Ordinance Zoning Ordinance Exhibits A-H Presentation 24-0002A/24- Conduct a Public Hearing to Consider/Discuss/Act on a 0054Z Petition to Annex (Case No. 24-0002A) and a Request to Zone (Case No. 24-0054Z) the Subject Property to “R6” - Residential District, Located at 5082 County Road 1205, and Accompanying Ordinance (REQUEST TO BE TABLED) Attachments: Location Map and Aerial Exhibit 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 10 Printed on 9/13/2024 City Council Regular Meeting Agenda September 17, 2024 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 551.087. Deliberation Regarding Economic Development Matters - Project Hemispheres ACTION ON EXECUTIVE SESSION ITEMS ADJOURN Posted in accordance with Texas Government Code, Chapter 551, on September 13, 2024. ________________________ 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 11 Printed on 9/13/2024