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City Council Regular Meeting

September 17, 2024 ·6:00 PM Final

Council Chambers 222 N. Tennessee Street McKinney, TX 75069

Agenda — 65 items

  1. 1 WATCH THE BROADCAST LIVE ▶ jump to 0:20
  2. 2 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
  3. 3 CALL TO ORDER ▶ jump to 42:58
  4. 4 INVOCATION AND PLEDGE OF ALLEGIANCE ▶ jump to 43:24
  5. 5 INFORMATION SHARING ITEMS ▶ jump to 44:35
  6. 6 Proclamation for Childhood Cancer Awareness Month 24-1971 ▶ jump to 44:39
  7. 7 Proclamation for Suicide Prevention Awareness Month 24-1972 ▶ jump to 48:15
  8. 8 Proclamation for Constitution Week 24-1973 ▶ jump to 50:39
  9. 9 PUBLIC COMMENTS ON AGENDA ITEMS (for Non-Public Hearing Items) ▶ jump to 53:48
  10. 10 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.
  11. 11 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.
  12. 12 CONSENT AGENDA Approved Pass ▶ jump to 53:58
  13. 13 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.
  14. 14 Consent MINUTES
  15. 15 Minutes of the City Council Work Session of September 3, 2024 24-1974 Approved Pass
  16. 16 Minutes of the City Council Regular Meeting of September 3, 2024 24-1975 Approved Pass
  17. 17 Minutes of the Board of Adjustments Regular Meeting of June 26, 2024 24-1897 Approved Pass
  18. 18 Minutes of the Library Advisory Board Meeting of June 20, 2024 24-1776 Approved Pass
  19. 19 Minutes of the McKinney Housing Finance Corporation Meeting of June 14, 2024 24-1840 Approved Pass
  20. 20 Minutes of the McKinney Main Street Board Meeting of July 11, 2024 24-1818 Approved Pass
  21. 21 Minutes of the McKinney Urban Transit District Board Meeting of May 16, 2023 Approved Pass
  22. 22 Consent ORDINANCES
  23. 23 Consider/Discuss/Act to Approve Amendments to Multiple Sections of the Solid Waste Ordinance (Chapter 86) and Appendix A, entitled “Scheduled of Fees” 24-1976 Approved Pass
  24. 24 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 24-1977 Approved Pass
  25. 25 Consent RESOLUTIONS
  26. 26 Consider/Discuss/Act on a Resolution Adopting the Fiscal Year 2024-2025 Financial Policies 24-1978 Approved Pass
  27. 27 Consider/Discuss/Act on a Resolution Adopting the Fiscal Year 2024-2025 Investment Policy 24-1979 Approved Pass
  28. 28 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 24-1980 Approved Pass
  29. 29 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 24-1981 Approved Pass
  30. 30 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 24-1982 Approved Pass
  31. 31 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 24-1983 Approved Pass
  32. 32 Consider/Discuss/Act on a Resolution Authorizing the City 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 24-1984 Approved Pass
  33. 33 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 24-1985 Approved Pass
  34. 34 Consider/Discuss/Act on a Resolution Authorizing the Formal Rejection of all Proposals under Solicitation 24-23CSP Construction of McKinney Light Walk 24-1986 Approved Pass
  35. 35 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 24-1987 Approved Pass
  36. 36 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 (“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 24-1988 Approved Pass
  37. 37 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 24-1989 Approved Pass ▶ jump to 54:48
  38. 38 Consent MISCELLANEOUS
  39. 39 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 23-0001CP3 Approved Pass
  40. 40 Consider/Discuss/Act on Appointing Lacy DeHorney to the Animal Service Facility Advisory Committee (ASFAC) 24-1990 Approved Pass
  41. 41 END OF CONSENT AGENDA
  42. 42 PLAT CONSIDERATION under Chapter 212 of the Texas Local Government Code ▶ jump to 56:24
  43. 43 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.
  44. 44 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 23-0048PP2 Approved Pass ▶ jump to 58:18
  45. 45 REGULAR AGENDA AND PUBLIC HEARING ITEMS
  46. 46 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.
  47. 47 Consider/Discuss/Act on a Resolution Appointing Two City Council Members to Serve on a Subcommittee of the McKinney Housing Finance Corporation (MHFC) 24-1991 Approved Pass ▶ jump to 57:27
  48. 48 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) 24-1992 Approved Pass ▶ jump to 63:18
  49. 49 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 24-1993 Approved Pass ▶ jump to 66:11
  50. 50 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 24-1994 Approved Pass ▶ jump to 67:07
  51. 51 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 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 24-0003A3 Approved Pass ▶ jump to 68:19
  52. 52 Conduct a Public Hearing to Consider/Discuss/Act on a 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) 23-0006A/23-0106Z2 Approved Pass ▶ jump to 71:12
  53. 53 Conduct a Public Hearing to Consider/Discuss/Act on a 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) 24-0002A/24-0054Z Tabled to Another Meeting Pass ▶ jump to 87:54
  54. 54 END OF REGULAR AGENDA AND PUBLIC HEARING ITEMS ▶ jump to 89:03
  55. 55 CITIZEN COMMENTS on Matters not on the Agenda ▶ jump to 96:12
  56. 56 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.
  57. 57 COUNCIL AND MANAGER COMMENTS ▶ jump to 96:26
  58. 58 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.
  59. 59 EXECUTIVE SESSION
  60. 60 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)
  61. 61 B. Section 551.087. Deliberation Regarding Economic Development Matters - Project Hemispheres
  62. 62 ACTION ON EXECUTIVE SESSION ITEMS
  63. 63 ADJOURN Approved Pass ▶ jump to 110:56
  64. 64 Posted in accordance with Texas Government Code, Chapter 551, on September 13, 2024. ________________________ Empress Drane, City Secretary Tenitrus Bethel, Deputy City Secretary
  65. 65 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.