Nov 16, 2021 City Council Regular Meeting on 2021-11-16 6:00 PM

[CALL TO ORDER]

[00:00:08]

THE LATE START. IT IS 6 15. AND IT IS TUESDAY, NOVEMBER, THE 16TH YEAR 2021 WERE IN COUNCIL CHAMBERS AT 2 22 NORTH TENNESSEE STREET IN THE GREAT CITY OF MCKINNEY. OUR FIRST ORDER OF BUSINESS WILL BE THE INVOCATION AND PLEDGE OF ALLEGIANCE. INDICATION WILL BE GIVEN BY DEBORAH BRADFORD FROM NEW JERUSALEM CHURCH. GOOD EVENING MAYOR, FULLER CITY COUNCIL MANAGER. ATTORNEY SECRETARY AND THE CITIZENS OF MCKINNEY. LET'S PRAY. DEAR LORD, WHAT AN HONOR ON TONIGHT TO STAND IN YOUR PRESENCE, AND BEFORE THIS AUGUST BODY, WE ARE SO THANKFUL FOR YOUR PRESENCE. AND WE THANK YOU THAT YOU'RE IN THE ROOM. AND SO EVERYTHING THAT IS SAID AND THE BUSINESS THAT IS BEING CONDUCTE. MAY IT BRING HONOR AND GLORY TO YOUR NAME? AND WITH THANKSGIVING, WE PRAISE YOU. FOR THE SEASON THAT IS APPROACHING THE HOLIDAY SEASON. THANKSGIVING AND CHRISTMAS AND EVEN THE NEW YEAR. AND SO WITH UPLIFTED HEARTS AND MINDS, WE HAVE GRATITUDE FOR WHAT YOU HAVE BROUGHT US THROUGH AND FOR WHERE WE'RE GOING. AND AS WE PREPARE TO CROSS THE THRESHOLD INTO 2022 WE ASK THAT YOU WILL BE WITH US. YOU HAVE BLESSED THIS CITY FOR WHICH WE ARE SO GRATEFUL. YOU HAVE PROVIDED OPPORTUNITIES AND OPEN DOORS THAT COULD NOT HAVE BEEN DONE WITHOUT YOU. AND SO WE THINK YOU FOR THE PEACE IN THIS ROOM. FOR THE BUSINESS THAT WILL BE CONDUCTED ON TONIGHT. MAY YOU BE PLEASED AND TOUCH THE CITIZENS WITHIN THIS CITY. ALL OF THE NEEDS WHICH ARE TOO MANY FOR ME TO EVEN CONSIDER NAMING. BUT YOU SEE AND KNOW ALL YOU ARE THE GOD OF ALL IN ALL AND THROUGH ALL AND WE BLESS YOU IN THE NAME OF CHRIST, JESUS, OUR LORD, SAVIOR, REDEEMER AND KING. WE PRAY AMEN. AMEN. RELEASE TO THE POWER OF THE UNITED STATES OF AMERICA AS TO THE REAL PUBLIC BEFORE UNDERSTANDS WHAT A NATURE UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. EXCESS INFORMATION SHARING AND 211018 PROCLAMATION FOR HUNGER

[Proclamation for Hunger and Homelessness Awareness Week]

WHO HAVE THE GUYS WITH THE BADGES. RIGHT IN HERE. MCKINNEY'S FINEST. THEY ARE.

THEIR THEIR POLICE DEPARTMENT. THEY WORK. UM WHAT WOULD YOU WHAT WOULD YOU CALL THE COMMUNITY COMMUNITY SERVICES, OKAY? ALRIGHT CITY MCKINNEY PROCLAMATION, WHEREAS NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK IS HELD ANNUALLY THE WEEK BEFORE THANKSGIVING TO EFFECTIVELY REMIND US TO ACT ON THESE IMPORTANT ISSUES NOW AND THROUGHOUT THE YEAR. WHEREAS THE CITY OF MCKINNEY, TEXAS, IS AN ACTIVE PARTICIPANT UNDER THE COLLIN COUNTY HOMELESS COALITION AND THE METRO DALLAS HOMELESS ALLIANCE, TOGETHER WITH LOCAL CITIES, COMMUNITY ORGANIZATIONS, BUSINESSES AND CONCERNED CITIZENS CHARGED WITH RAISING AWARENESS AND SHARING COMPASSION TO THOSE EXPERIENCING HOUSING AND HEALTH INSECURITIES. AND WHEREAS THE CITY ALSO PARTICIPATES IN COLLABORATIVE EFFORTS WITH THE SALVATION ARMY AND THE MCKINNEY, HUNGER FREE AND ONE HEART, MCKINNEY COALITIONS, ASSISTING FAMILIES AND INDIVIDUALS LACKING CONSISTENT FOOD AVAILABILITY AND OTHER SUPPORT NEEDS IN THEIR HOUSEHOLD. WHEREAS THE CITY OF MCKINNEY ACKNOWLEDGES THE COALITION EFFORTS OF THE MANY NONPROFIT AND FAITH BASED ORGANIZATIONS SERVING OUR RESIDENTS THAT CONTINUES TO ENGAGE IMPACTFUL SOLUTION THROUGH THE MAYOR'S TASK FORCE ON HOMELESSNESS AND PROVIDE EMERGENCY LIVING GRANT ASSISTANCE FOR THOSE AT RISK OF HOMELESSNESS. WE'RE CURRENTLY ON HOUSED. AND WHEREAS THERE IS DIFFICULTY IN LONELINESS FOR THOSE AT RISK, OR WITHOUT A HOME AND NEED A FOOD, STABILITY, FOR WHICH THE PUBLIC HAS ENCOURAGED TO BECOME INVOLVED TO END HOMELESSNESS AND HUNGER AND MCKINNEY. NOW THEREFORE, I GEORGE FULLER, BY THE POWER VESTED IN ME AS MAYOR OF THE CITY OF MCKINNEY, TEXAS, DO HEREBY PROCLAIM THE WEEK OF NOVEMBER 13 THROUGH 21ST 2021 AS MCKINNEY HUNGER AND HOMELESSNESS AWARENESS WEEK. IN THIS CITY, URGING ALL PEOPLE TO HEED THESE IMPORTANT MESSAGES AND SUPPORT THE EFFORTS OF OUR LOCAL AGENCIES AND MCKINNEY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT. WITNESS MY HEAD AND SEAL THE 16TH DAY OF NOVEMBER.

2021. YOU GUYS. IT'S SOMETHING YOU WOULD LIKE TO SAY A FEW WORDS. OKAY? ALL RIGHT. WELL, THANK YOU ALL VERY MUCH, AND I WORK WITH EVERYONE UP HERE ON THE TASK FORCE, AND EVERYONE IS TREMENDOUSLY ENGAGED IN AND WORKING HARD FOR THIS COMMUNITY AND COMPASSION AND CARING

[00:05:01]

THANK YOU. THANK YOU, OKAY. EXTORTED BUSINESSES. PUBLIC COMMENTS ON AGENDA ITEMS

[PUBLIC COMMENTS ON AGENDA ITEMS (For Non-Public Hearing Agenda Items)]

THERE WAS A SENIOR CITIZEN CENTER JUST AROUND THE CORNER, BUT KENNY HOSPITAL WAS IN WALKING DISTANCE FROM MY HOME AND WE LOVE THIS AREA UNTIL THE CEMENT PLANT EXPLODED ON HIGHWAY FIVE AND STICKS OUT. ICEHOUSE MOVED IN. WE HAVE CALLED THE CITY AND THE POLICE ABOUT THE LOUD NOISE TO NO AVAIL. THE CITY OF MCKINNEY SHOULD CARE ABOUT THEIR SENIORS BECAUSE THIS LOUD NOISE IS CAUSING HARM TO MANY SENIORS IN OUR AREA AND NOT IGNORING HOW BUSINESSES HAVE AFFECTED THEIR LIVES AND MAKE THEIR LIVES AND COMFORTABLE. SEVERAL YEARS AGO, MONEY MAGAZINE NAMED MCKINNEY THE BEST PLACE TO LIVE. BUT THAT IS NOT TRUE ANYMORE. THE PEOPLE ARE THE ONES THAT MAKE UP A CITY. NOT THE BUSINESS IS BUSINESS COME AND GO. IN FACT, MANY BUSINESSES FAILED. I HAVE SEEN JUST HOW MCKINNEY OFFICIALS ALLOW BUSINESS SYSTEM MAKE THEIR CITIZENS LIVES MISERABLE. FOR EXAMPLE, THE NOISE FROM THE EXPANDING AIRPORT THAT DUST FROM THE CEMENT PLANT ON HIGH WOULD PLANT ON HIGHWAY FAT. FIVE IN FACT, THAT PLANT IS STILL OPEN AND THEY ARE HIRING. THERE WAS DUST EVERYWHERE IN OUR HOMES. IT TOOK DAYS AND MONTHS FOR THE WHOLE TIME FOR OUR HOME TO GET RID OF THE DESK. I DON'T CARE ABOUT THE DECIBEL READINGS AND I KNOW THAT IN FACT, I CAN HEAR LOUD MUSIC IN MY HOME. REGARDLESS OF WHAT THEY SAY THE DECIBEL READINGS ARE STICK OUT HOUSE IS IN THE MIDDLE OF MANY SENIOR RESIDENT HOMES AND LIVING FACILITIES. RED BUT RESIDENT FACILITY IS IN WALKING DISTANCE. FROM THE SENIOR FROM THIS

[00:10:04]

MY NAME IS RUTH STOVE ON AND I'M A SENIOR. I LIVE IN MCKINNEY GREENS OFF DOG LIKE AND I'M JUST SOUTH OF EL DORADO. VERY CLOSE TO MY NEIGHBORS STICKS ICE HOUSE. I BUILT IN. OH, SEVEN. MY RETIREMENT HOME. I'M A RETIRED EDUCATOR. I'M NOT HERE BECAUSE I'M HERE BECAUSE OF THE SOUND NUISANCE OF STICKS ICEHOUSE, NOT BECAUSE OF THE BAR OR THE RESTAURANT OR ANY OTHER BUSINESS. I'M THERE. BECAUSE I'VE CALLED ASKED HIM TO TURN THE VOLUME DOWN. I'VE COMPLETED THE CODE VIOLATION THE PROCESS IN WHICH I'M SUPPOSED TO PROCEED WITH THE ISSUES OF CALLED NON EMERGENCY POLICE HAVE BEEN WONDERFUL AND SO PROFESSIONAL. I'VE TAKEN THE NEXT STEP AND WORKING OUT A SOLUTION WITH MY CITY AND THAT IS COMMUNICATING WITH THE CITY COUNCIL, WHICH I HAVE EMAILED. NEXT STEP IN WORKING OUT A PROBLEM IS TO TALK, AND THAT'S WHY I'M HERE.

PLEASE UNDERSTAND. I'M NOT THE ONLY WOMAN. OBVIOUSLY THERE ARE SEVERAL IN THIS AREA THAT ARE EXPERIENCING THIS AND WE KNOW THAT. TALKING ON A CHAT BOARD. IF YOU LOOK AT THE CHAT BOARD, THERE'S ALL KINDS OF ISSUES AND PEOPLE ARE EXPERIENCING THE ISSUE ISSUES. HOWEVER CHATTING ON A CHAT BOARD WILL NOT SOLVE ANY OF THESE ISSUES. AND I HAVE COMMUNICATED WITH STICKS AND I HAVE REACHED OUT TO MY NEIGHBOR AND ASKED FOR A MEETING, WHICH IS PENDING FOR THIS FRIDAY TO SIT DOWN AND WORK OUT A SOLUTION WITH THEM. I'M IN A STRAIGHT. I'M IN A LINE WITH THAT OPEN PATIO. I OFTEN HEAR THE BAND MUSIC WHEN THEY'RE ALLOWED TO PLAY FROM MCKINNEY HIGH SCHOOL AS OTHER PEOPLE DO AROUND THE NEIGHBORHOOD. SO WE'RE NOT TALKING ABOUT A. ONE DECIBEL OR TWO DEATHS OF BELLS OR WHATEVER READING WE'RE TALKING ABOUT A REAL ISSUE. CONVERSATION LEVELS ARE SUPPOSED TO BE AT 60 DECIBELS. HOWEVER FOR ME TO THINK ABOUT MY LIVING ROOM, MY BEDROOM MY PATIO, WHICH IS OPEN TO THAT AREA, TRYING TO THINK FOR MY LIFETIME. NOT BEING ABLE TO SIT AND HAVING ART GO TO BED AT 11 30 SO THAT I COULD HEAR. ALL OF THAT, I DON'T THINK IS A VERY GOOD. PLAN FOR SENIORS. I CAN'T PICK UP MY HOME AND MOVE MY HOME. NOR CAN I AFFORD TO MOVE MY HOME AT THIS TIME. SOME BANDS PAY DIFFERENT SOUND LEVELS. DIFFERENT DISCIPLES HIGHS LOWS. I DON'T KNOW IF IT'S A DOWNBEAT AND UPBEAT. I DON'T KNOW ANYTHING ABOUT THAT. BUT I KNOW THAT I'VE GOT TO HAVE A QUALITY OF LIFE. I HAVE NO OTHER OPTION FOR ME, SO I'M GOING TO ASK THEM FOR A PLAN TO HELP WITH THE ISSUE AS MY NEIGHBOR, AND I'M NOT HELPING MY CITY. TO HELP ME WITH THIS ISSUE. I THANK YOU FOR YOUR TIME. RUTH. WHAT TIME IS YOUR MEETING ON FRIDAY. FOUR OCLOCK. DO YOU MIND IF I ATTENDED? NO, NOT AT ALL, SIR. THANKS. THANK YOU. NANCY MAY. Z

[00:15:02]

THAT'S A. HERE IN THAT HEARING. YEAH, I'LL READ THAT AGAIN. UM LAST ONE PAUL BALLESTEROS. I AM PAUL BIASED. 06508 MARVIN GARDENS, MCKINNEY AND I WAS HERE FOR THE PROCLAMATION AND I HAVE TWO THINGS. I JUST WANT TO JUST, UH, I DRIVE AROUND TOWN A LOT. SO THE FIRST THING IS TRAFFIC, AND I JUST NOTED SOMETHING IN PARTICULAR. UM. THERE IS A LACK OF WHITE STRIPES THAT STOP SCIENCE THROUGHOUT OUR TOWN, PARTICULARLY HISTORIC DISTRICTS, AND WITH SUN GLARE AND LANDSCAPE VEHICLES PARKED IN CERTAIN SPOTS. SOMETIMES THEY'RE OVERLOOKED. AND I'VE HAD SOME NEAR MISSES JUST TO SAY. THE OTHER THING. 3 80 TRAFFIC, MAYBE LOOK AT THE TRAFFIC SENSORS INSTEAD OF PUTTING THEM ON A TIMER WHERE THEY WORK INDEPENDENT, PUT THEM ON SYNC WITH EACH OTHER IN A TIMING, SO THERE'S A FLOW BECAUSE YOU GET KIND OF A DOMINO EFFECT. YOU GET CAUGHT AT ONE LIGHT. THE NEXT ONE. THERE'S NO CARS COMING, SO THEN IT TURNS AND THEN IT TURNS AND THEN YOU GET MORE AND MORE CONGESTION, SO THAT'S IT ABOUT TRAFFIC. BUT I'M REALLY HERE ALWAYS TALK ABOUT HOMELESSNESS IN OUR TOWN, AND I WANT TO THANK THE COUNCIL. I WILL THANK THE MAYOR AND WE THANK ALL OF YOU THAT YOU BRING IT TO ATTENTION. I THANK YOU FOR THE PROCLAMATIO, AND I JUST WANT TO MAKE SURE THAT OUR NEIGHBORS KNOW THAT WE'RE ALL ON THE SAME TEAM. WE ALL WANT TO SEE LESS PEOPLE EXPERIENCING HOMELESSNESS. AND YOU KNOW, SOMETIMES THERE'S A CONCERN WHEN THERE'S MORE RESOURCES. MORE PEOPLE COME HER, BUT, UH, YOU KNOW, SOMETIMES YOU MAKE A TRANSITION. IF YOU'RE GONNA REMODEL YOUR HOME OR DO A REPAIR GETS A LITTLE MESSY FIRST BEFORE IT GETS BETTER, AND SO SOMETIMES THERE'S A PROCESS TO IT. BUT I WOULD SAY THAT THE MAJORITY OF PEOPLE THAT ARE EXPERIENCING HOMELESSNESS OUR TOWN OUR FROM OUR TOWN. WE DO GET PEOPLE FROM OTHER TOWNS THAT HAPPENS, BUT THE MAJORITY ARE FROM HERE, THAT YOUR NEIGHBORS, THEIR NEIGHBORS THAT HAVE SERVED YOU THEY MAY BE WAITED ON YOU AT A RESTAURANT. THEY MAY HAVE CHECKED YOU OUT A GROCERIES. THEY MAY HAVE SERVED YOU A BEER IN OCTOBERFEST. THERE ARE PEOPLE THAT YOU'VE DONE LIFE WITH. AND I WOULD SAY THAT THE BEST WAY TO HELP OUR COMMUNITY IS THREE WORDS. RELATIONSHIP RELATIONSHIP RELATIONSHIP. GET TO KNOW THE FOLKS THAT WERE SERVING SO I'M HERE TO ACTUALLY INVITE YOU TO SOMETHING THAT YOU CAN COME AND GET TO KNOW PEOPLE AND FIND OUT THAT THEY GRADUATED HERE. THEY GREW UP HERE. AND THEY WANT TO. THEY WANT TO MAKE IT BETTER HER.

THEY WANT TO BE HERE. SO THANKSGIVING DINNER ON THANKSGIVING DAY AT FIRST, MCKINNEY, 16 15 WEST LOUISIANA STREET. WE OPENED THE DOORS TO FOLKS THAT NEEDED CAN GRAB A SHOWER. COWBOYS ON 3 30. YOU CAN'T MISS IT. FIVE O'CLOCK, HOT TURKEY DINNER. WE'D LOVE TO HAVE YOU THERE. AND THEN IF THAT DOESN'T WORK FOR YOU BECAUSE YOU HAVE OTHER PLANS. COME JOIN US AT SALVATION ARMY FOR THE COLD WEATHER SHELTER. WE NEED VOLUNTEERS TO COME AND HANG OUT, AND IT'S A GREAT TIME TO LEARN SOMEBODY STORIES WE'RE OFFERING TRAINING THROUGHOUT. YOU CAN CONTACT THE SALVATION ARMY. YOU CAN CONTACT ME WE LOVE TO GET YOU INVOLVED AND LEARN THAT PEOPLE'S STORIES AND UNDERSTAND WHY HOMELESSNESS HAPPENS HERE. MCKINNEY. THANK YOU VERY MUCH.

PAUL, THE LOCATION AGAIN ON THANKSGIVING FOR EVERYONE. FIRST MCKINNEY BAPTIST CHURCH 6 16 15 WEST LOUISIANA STREET WILL OPEN THE DOORS TO FOODS LIKE ALREADY COVERED. BUT IF YOU WANT TO BRING A SNACK OR SOMETHING LIKE THAT. FELLOWSHIP DISTURBING COME, JUST GET TO KNOW SOMEBODY COME HERE. SOMEBODY'S STORY THAT BE WOULD BE A GREAT THING TO DO. THANK YOU. ALL RIGHT. WE NOW

[CONSENT AGENDA]

[Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Contract Amendment to the Construction Manager at Risk (CMAR) Services Contract with Spaw Glass Contractors, Inc. of Forth Worth, Texas for a Guaranteed Maximum Price (GMP) Related to the Indoor Tennis Facility at Gabe Nesbitt Community Park located at 3251 Alma Road]

[Consider/Discuss/Act on a Resolution Awarding a Contract to Texoma Concrete Cutting, LLC of Denison, Texas for Aviation Runway Repair Services]

[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 Pre-construction Services Related to the Design and Construction of the McKinney Fire Department Headquarters Project Located at 2100 Taylor Burk Drive, McKinney, Texas]

[Consider/Discuss/Act on a Resolution Authorizing the City Manager, or Designee, to Apply for, Accept, and Implement an Assistance to Firefighter Grant Program (AFG) from the Department of Homeland Security, Federal Emergency Management Agency (FEMA), to provide financial assistance for a hazardous material and heavy rescue fire apparatus.]

JENNIFER ARNOLD, DIRECTOR OF PLANNING AS YOU READ. THIS IS A PRELIMINARY FINAL PLATT FOR A PIECE OF PROPERTY LOCATED IN MCKINNEY'S E. T. J. THE REASON IT'S BEFORE THE COUNCIL TONIGHT IS BECAUSE THE PLOT OR THE AFRICAN ON THE PLOT IS REQUESTING SOME VARIANCES BECAUSE OF THEIR E. T. J STATUS. STAFF HAS REVIEWED THE VARIANCE REQUESTS. WE'VE REVIEWED THE PROPOSED FLAT. AND WE ARE COMFORTABLE RECOMMENDING APPROVAL OF THE PLATT TO THE COUNCIL. I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. MISSIONS FOR JENNIFER O

[00:20:06]

NOT RECOMMENDED BUS STANDS. FOR APPROVAL. YEAH, NO. SO THEY'RE ALL RECOMMENDED FOR APPROVAL OR APPROVAL WITH CONDITIONS. TELL ME WHICH ONE HAS CONDITIONED THROUGH REAL QUICK. SO PLATT 21-0184 PF IS A CONDITIONAL APPROVAL. WOW. THAT'S. OH 21-187 P F AS A CONDITIONAL APPROVAL.

AND 21-0188 P F IS A CONDITIONAL APPROVAL. SO ALL BEFORE YOU TONIGHT ARE CONDITIONAL APPROVALS SAVE AND EXCEPT THIS ONE IN THE E. T J, WHICH IS ALSO CONSIDERING SOME VARIANCE REQUESTS. IT'S GONNA TRY AND GET ALL THOSE TAKEN CARE OF IN ONE MOTION, BUT WE'LL DO FOR YOU CERTAINLY CAN PROCEED CAN WISH TO THEM IN ONE MOTION. WOULD YOU MIND TELLING ME WHAT THE CONDITIONS ARE FOR EACH. THREE THAT YOU CITED AS CONDITIONS. THEY ARE A VARIETY OF DIFFERENT CONDITIONS. THE WHEN WE ARE RECOMMENDING CONDITIONAL APPROVAL. THESE ARE NORMALLY AND CLEAN UP ITEMS SO IT COULD RANGE FROM NOT LABELING AN EASEMENT CORRECTLY OR ADJUSTING THE LOCATION OF DRIVEWAY ENTRY THERE TYPICALLY CONSIDERED MINOR CONDITIONS. AND THEN APPLICANT DOES HAVE THE OPPORTUNITY TO RESUBMIT THAT PLATT TO STAFF ADDRESSING THOSE CONDITIONS, AT WHICH POINT THEY GET FULL APPROVAL AND CAN CONTINUE MOVING FORWARD IN THE PROCESS. VERY GOOD. THANK YOU. THANK YOU, JENNIFER. YES, CERTAINLY ENTERTAIN A MOTION FOR ALL OF THEM. MOTION FOR ALL OF THEM WITH CONDITIONS, AS STATED BY. LIKE MR MATHERS, 21. THERE'S 0181 PF 21 0184. PM 21 0187 P. M. 21 DAYS, 0188. OUR SECOND THAT MOTION. GET TO THE GOOD STUFF, DON'T WE? BIRDS. YEAH. MOTION PASSES 210003 RW CONDUCTED PUBLIC HEARING TO

[Conduct a Public Hearing to Consider/Discuss/Act on a Right-of-Way Abandonment of a Portion of an Unnamed Alley between Sherman Street and Coleman Street, approximately 200’ south of White Avenue, being a part of the FM Thompson Addition, and Accompanying Ordinance (21-0003RW).]

ALSO, I CAN CASTRO VOTES.

[00:25:08]

[Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit for Automobile Dealership Sales (Best Price Auto Group), Located at 751 North Central Expressway, and Accompanying Ordinance]

REPRESENTATION FOR THAT MEETING THAT WAS TABLED TO TONIGHT. UNFORTUNATELY THEY DID NOT PROVIDE THE NECESSARY ZONING SIGN AFFIDAVITS AND PHOTOGRAPHS AS REQUIRED BY THE ORDINANCE AND HER BROTHER ZONING ORDINANCE. SO WE ARE REQUESTING THAT THIS ITEM AGAIN BE TABLED TO THE NEXT CITY COUNCIL MEETING SO THAT WE CAN GET THAT NECESSARY INFORMATION FROM THEM. OKAY? HOW ABOUT IF I JUST THE MOTION TO DENY. SO YOU COULD DO THAT? I'M GOING TO LOOK AT OUR LEGAL FOR JUST A MOMENT.

UM YOU COULD CERTAINLY DO THAT. I WOULD CAUTION AGAINST RECOMMENDING APPROVAL ONLY BECAUSE THE STATUTORY REQUIREMENTS OF THE ORDINANCE HAVING I'M NOT. I'M NOT GOING TO APPROVAL UNDERSTAND DENIAL. AND THIS IS A SUPERMAJORITY ITEM IS THAT CORRECT? IT WOULD BE SUPER MAJORITY BECAUSE OF FINDING AND ZONING COMMISSION HAS CONSIDERED THE ITEM ALREADY AND HAS RECOMMENDED DENIAL. CORRECT. AN EMOTION. NOT YET. WE HAVE A PUBLIC HEARING SO WELL. SO IT IS A PUBLIC HEARING. IS THERE ANYONE THAT HAS COME DOWN TO SPEAK TO THIS ITEM? 18 NONE.

SAVE THE APPLICANT, MAYBE SOME HEADACHE AND COST THEM TO MAKE A MOVE TO DENY THIS ANTLER COLD CLOSE. THE PUBLIC HEARING DENY THIS APPLICATION. SECOND TIME. CAST YOUR VOTES. I'M A JORDAN.

THERE YOU GO. MM HM. 210116 Z THREE CONDUCTED PUBLIC HEARING TO CONSIDER AND ACT ON A REQUEST

[Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District and “REC” - Regional Employment Center Overlay District to "C1" - Neighborhood Commercial District, Located at 4021 South Custer Road, and Accompanying Ordinance]

OBVIOUSLY, THE CITIES SUBDIVISION ORDINANCE. SO WHO BUILDS? WHO BUILDS THAT? THAT ROLE WOULD THAT BE THEM? THAT BUILDS THAT ROAD THEY CERTAINLY COULD COORDINATING WITH THE OWNER OF THE ADJACENT PROPERTY TO GET THE RIGHT TO BUILD IT AHEAD OF TIME IF THEY WERE WANTING TO MOVE PRIOR TO BETTER PROPERTY. SO WHEN SOMEBODY BUYS A PROPERTY LIKE THAT, DO THEY AUTOMATICALLY HAVE AN EASEMENT OUT OR THAT'S ALREADY IN? YEAH WHEN THEY BOUGHT IT ALREADY HAD THE EASEMENT AND THAT'S NOT SOMETHING THAT'S CORRECT EITHER. ALREADY, THE JASON PROPERTY

[00:30:02]

[Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District to "C1" - Neighborhood Commercial District, Located at 200 South Ridge Road, and Accompanying Ordinance]

QUESTIONS FOR DENVER. I BELIEVE THE APPLICANT IS KRISTY LYNN STEVENS. SUSHI. I'D COME UP AND SAY ANYTHING. HELLO I'M CHRISTY. I'M THE PRACTICE MANAGER AT STONEBRIDGE FAMILY VET, AND I JUST WANTED TO MAKE SURE TO COME DOWN TODAY TO PRESENT MYSELF TO YOURSELF, MAYOR AND CITY COUNCIL AND ANSWER ANY QUESTIONS YOU MAY HAVE HAD FOR US. CURRENTLY LOCATED. WHAT'S YOUR ADDRESS? 5913 VIRGINIA PARKWAY SUITE 100. WE'RE IN A SHOPPING CENTER THER. THIS WOULD ACTUALLY BE A LITTLE BIT LARGER FACILITY ALLOWS US TO EXPAND. THANK YOU. THANK YOU. THANK YOU. THIS IS A PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK TO THIS ITEM? SEEING NONE ENTERTAIN A MOTION. I'LL MAKE THE MOTION BECAUSE THE PUBLIC HEARING IMPROVE THIS ITEM. SECOND IS CAST YOUR VOTES. MOTION PASSES ITEM. 210005 Z NINE CONDUCTED PUBLIC HEARINGS CONSIDERING

[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]

THANK YOU, MR MAYOR. THIS IS A CASE THAT IS QUITE FAMILIAR TO MOST OF YOU. IT HAS BEEN ON THE AGENDA QUITE A FEW TIMES OVER THE LAST SEVERAL MONTHS. IT IS ABOUT BEFORE YOU TONIGHT. THE APPLICANT. GO IS REQUESTING TO REZONE THE SUBJECT. PROPERTY FROM PD PLAN DEVELOPMENT DISTRICT TO SEE TO LOCAL COMMERCIAL ZONING DISTRICT. THE TRACT ITSELF IS ABOUT FOUR ACRES IN SIZE AND IS SITTING AT THE HARD SOUTHEAST CORNER OF MEADOW RANCH ROAD. AND UNIVERSITY DRIVER US 3 80. THE TRACT IS WITHIN ABOUT 300 FT OF FRONTAGE OFF OF US. 3 80 STAFF HAS REVIEWED THE REQUEST WITH THE APPLICANT WE DO FIND THAT IT IS IN ALIGNMENT WITH THE CITY'S COMPREHENSIVE PLAN, AND WE ARE RECOMMENDING APPROVAL OF THE SEA TO REQUEST FOR ZONING. TO PROVIDE JUST A LITTLE BIT OF HISTORY ON THIS PROPERTY, BECAUSE I DO KNOW THAT IT'S BEEN BEFORE BEFORE YOU WALK QUITE A FEW TIMES. I DO WANT TO REMIND OF A COUPLE OF THINGS. ONE IS THAT THE REQUEST BEFORE YOU TONIGHT IS FOR A STRAIGHT ZONING DISTRICT OF C TWO. AND I DO KNOW THAT THERE HAVE BEEN A LOT OF CONVERSATIONS ABOUT THE POTENTIAL FOR, UM, NEGOTIATING SOME STANDARDS AND MODIFYING THE STANDARDS THAT MIGHT OTHERWISE MOVE IT INTO THE PD, OR PLANNED DEVELOPMENT ZONING DISTRICT. STAFF'S RECOMMENDATION TO THE COUNCIL. TONIGHT IS IF THAT IS THE DESIRE OF THE COUNCIL TO REQUEST THAT OF THE APPLICANTS, BUT TO NOT NEGOTIATE THAT SO TO SPEAK ON THE FLOOR. WE DO HAVE CONCERNS THAT THERE MAY BE, UH, YOU KNOW THINGS THAT ARE LOST IN

[00:35:07]

THERE'S A NUMBER OF REASONS FOR IT, WHICH I'M SURE YOU'RE GOING TO HEAR FROM PLENTY OF THE NEIGHBORS THEMSELVES. THEY'VE TRIED TO NEGOTIATE THIS. THEY'VE TRIED TO, UM, COME TO AN UNDERSTANDING WITH THEM. AND IT'S NOT BEING ABLE TO BE MET. AND THAT'S THAT'S THE BIGGEST ISSUE. UM. I AM CONFUSED THE LAST TIME THAT WE THAT WE ACTUALLY TALKED ABOUT THIS WAS IN APRIL WHEN WE WERE HERE IN COUNCIL AND THE QUESTION WAS, CAN THIS BE TAKEN TO PD, WHICH I THINK WOULD PROBABLY. RELIEVE A LOT OF THE ISSUES HERE BY HAVING EXACTLY WHAT IT IS THAT THEY ARE GOING TO DO WHAT THEY WANT TO DO, HOW THEY'RE GOING TO DO IT AND SPECIFICALLY PLANNED OUT INSTEAD OF HAVING IT OPEN. UM. I FEEL THAT THIS HAS GONE ON LONG ENOUGH. IT SHOULDN'T HAVE BEEN TABLED LAST TIME. I THINK. PHILLIPS ARE NOT PHILLIPS. I'M SORRY, ELLIOT LAST TIME HAD HIS OPINIONS. WHEN AHEAD AND DENIED THE PERMIT OR DENY THE CHANGE. THEN UM, FOR HIS CONCERNS, AND I STILL AGREE WITH THEM TODAY. I THINK THAT THIS POINT. COUNCIL SHOULD STAND WITH THE CITIZENS OF MCKINNEY, WHO FEEL THAT. THIS SHOULD NOT HAPPEN BECAUSE IT'S NOT GOOD FOR THEIR NEIGHBORHOOD.

IT'S NOT A GOOD FIT. THERE IS AN UNDERSTANDING THAT THEY CAN STILL BUILD AN OFFICE BUILDING ON THAT PROPERTY. UM, THE NEIGHBORS UNDERSTAND THAT. MY QUESTION IS, IS THAT. A LEGITIMATE THING THAT'S GOING TO HAPPEN, OR IS THIS JUST A THREAT? HEY, WE'LL JUST DO WHATEVER WE WANT AT THAT POINT. FAMILY. I THINK THE PRESENTATION THAT WAS GIVEN IN APRIL LAST TIME AND THE THINGS THAT WERE SAID WE'RE. WERE UNACCEPTABLE AND WOULD LEAD ME TO QUESTION JUST LIKE THE RESIDENTS THAT ARE DIRECTLY AFFECTED THIS OR BY THIS. TO QUESTION THE

[00:40:03]

IT MAKES IT EXTREMELY UNSAFE FOR HER. IT MAKES EXTREMELY UNSAFE FOR ME AND MY CHILDREN TO WORK OUR ANIMALS. UM, THE OTHER FAMILIES AS WELL. AND ON TOP OF THAT PART OF OUR NEIGHBORHOOD INCLUDES THAT TRACK THAT THE MAQUIS BOY TRACK TEAM. WHICH WE ALREADY HAD ONE YOUNG STUDENT HIT BACK IN OCTOBER. YOU BRING IN MORE TRAFFIC, THERE'S MORE I FINAL QUESTION IS. IS THE AMOUNT OF MONEY THAT THIS WOULD HELP BRING INTO HIM AND OR THE CITY REALLY WORTH IT ONCE THE FIRST PERSON GETS HIT INJURED, KILLED IN THE CITY SUIT. IS IT SOMETHING YOU CAN REALLY AFFORD? BECAUSE THAT'S GOING TO HAPPEN. IT'S NOT A MATTER OF IF IT WILL BE A MATTER OF WHAT SORRY. I'M STRONGLY OPPOSED TO THIS. THANK YOU. THANK YOU. JULIETTE BUCHANAN. HELLO MY NAME IS JULIET BUCHANAN. I LIVE AT 18 30 MEADOW RANCH ROAD. THIS IS THE 12 PUBLIC HEARING ON REZONING ON THESE TWO LOTS IN THE LAST SEVEN YEARS IN MARCH, 2018, THE CITY COUNCIL CONSIDERED THE REQUEST FOR C TWO IN THE NORTH LOT AND SUBURBAN OFFICE ON THE SOUTH LOVE FOR THE THIRD TIME. PNC RECOMMENDED DENIAL AND THE CITY COUNCIL TABLED IT INDEFINITELY. NOW THE APPLICANT IS BACK WITH A WORSE PROPOSALS. C TWO ON BOTH LOTS. YOUR ZONING ORDINANCE, SAYS C TWO PROVIDES MEDIUM INTENSITY COMMERCIAL USES, WHICH ARE TYPICALLY USED WHERE ARTERIAL ROADS INTERSECT WITH OTHER ARTERIAL ROADS. MEADOW RANCH ROAD IS NOT AN ARTERIAL ROAD. IT'S A SUB STANDARD WITH AN ASPHALT TOP, AND IT'S NOT EVEN ON MCKINNEY'S MASTER THOROUGHFARE PLAN. A MEDIUM INTENSITY COMMERCIAL USES SHOULD NOT BE LOCATED NEXT TO A SINGLE FAMILY NEIGHBORHOOD. THAT'S WHAT C ONE ZONING IS FOR. NONETHELESS NEIGHBORHOOD REPRESENTATIVES HAVE MET WITH THE APPLICANTS, REPRESENTATIVES SEVERAL TIMES IN GOOD FAITH TO TRY TO BROKER A COMPROMISE. HOWEVER OUR COMPROMISE IS BASED ON RESTRICTIONS, WHICH IS A LEGAL DOCUMENT USED, IN INSTANCE, LIKE THIS TO RESOLVE THE DISPUTES, AND IT WOULD PROVIDE A PERMANENT BARRIER THAT IS NOT GOVERNED BY ZONING. OR BY PDS THAT THE NEIGHBORHOOD WOULD OWN THAT WOULD PREVENT FUTURE INCURSION IF WE DO NOT HAVE THE DEED RESTRICTIONS ANY KIND OF APPROVAL, EVEN WITH RESTRICTIONS AS A HOLLOW. VICTORY BECAUSE THERE WILL BE FUTURE COMMERCIAL INCURSIONS. THERE WILL BE FUTUR.

IT TEMPTS TO REZONE OTHER LOTS WITHIN METAL RANCH. THE CURRENT OP APPLICANT OWNS LOT 18 JUST BELOW LOTS, 19 AND 20. THIS IS NOT HYPOTHETICAL. NEXT WEEK, HE COULD. HE COULD APPLY TO REZONE LOT 18 AND TRY TO GET A SIX ACRE TRACT. AND THEN THE INCURSION CONTINUES. FROM THERE. WE ASK THAT YOU HAVE STRONGLY OPPOSED THIS. WE ASKED. YOU DENY IT AND ALLOW US TO GET THE PROPER DEED

[00:45:03]

WITH A SIT DOWN RESTAURANT PAINT STORE. GROCERY STORES DRY, CLEANER PET STORE. IT'S A FAR CRY FROM RETAIL. WE'RE DEFINITELY WILLING TO NEGOTIATE. WE HEEDED THE ADVICE TO NOT JUST SAY NO TO COMMERCIAL. WE WANTED TO SIT DOWN AND COME UP WITH A PLAN THAT WOULD WORK. BUT WE JUST CAN'T TRUST WHAT MR ANDRE IS GOING TO SAY. UM MR ANDRE HAS BEEN VERY CONSISTENT AND THE GATE THAT'S ASSOCIATED WITH OUR NEIGHBORHOOD IN THE VERY SOUTH SECTION OF OUR NEIGHBORHOOD BETWEEN US AND VETERAN JUST STATE. UM, FEBRUARY 9TH AND 2021. AT THE MCKINNON PLANNING BOARD AND ZONING MEETING, MR ANDREW REQUESTED THAT THE GATE BE MOVED AT CREEK VIEW ESTATES.

A MONTH LATER ON THE 90 BACKTRACKED AT THE PLANNING AND ZONING MEETING, UM AND SAY THEY NEVER WANTED TO MOVE THE GATE. ON OCTOBER 12TH. 2021 AT THE PUBLIC MEETING OF THE APPLICANT META RANCH ESTATES OWNERS AND RESIDENTS AND CITY OFFICIALS, MR ANDRE AGAIN PROPOSED MOVING THE GATE. AND PROBABLY THE BIGGEST THING FROM MY PERSPECTIVE THAT CALLS INTO QUESTION HIS INTEGRITY IS IN 2020. THE HOUSE UNLOCKED 19 HE TRIED TO PURCHASE WHEN IT WENT ON THE MARKET. THE OWNER. REFUSED TO SELL IT TO MR ANDRE. MR ANDRE HAD A THIRD PARTY PURCHASED THE PROPERTY TWO MONTHS LATER AFTER RENOVATING SOLD IT TO HIM, SO HE'S ENCROACHED OR NEIGHBORHOOD. HE'S DEMONSTRATED THAT HE'S NOT SOMEONE THAT WE CAN TRUST. KING THIS BAIT AND SWITCH IS JUST NOT. IT'S JUST NOT SOMETHING THAT WE REALLY FEEL COMFORTABLE DEALING WITH HIS. HE'S DEMONSTRATED HIS UNDERHANDED APPROACH AND WE NEED TO PROTECT OUR NEIGHBORHOOD. THANK YOU.

VERY MCDANIEL. GOOD EVENING. KERRY MCDANIEL, MY HUSBAND AND I LIVE AT 18 41 MEADOW RANCH ROAD IN METERING TO STATES AND I'M HERE TO OPPOSE THE REZONING OF LOTS, 19 AND 20. I'VE MET A RANCH ESTATES TO COMMERCIAL C TWO ZONING. ACCORDING TO MCKINNEY, CODE C TWO MEDIUM

[00:50:03]

AS YOU ALL KNOW, AND PAST MEETINGS THERE WERE OVER 200 LETTERS OF OPPOSITION TO THIS AND PROBABLY WITH GOOD REASON. JUST IMPLORE THAT YOU CONSIDER THE WISHES OF THE RESIDENTS AND LOOK SERIOUSLY AT OUR CONCERNS. WE'VE BUILT OUR LIVES IN THIS NEIGHBORHOOD. WE CAN'T JUST STATED EARLIER. WE CAN'T JUST, YOU KNOW, PICK UP AND MOVE. WE HAVE FAMILIES AND HISTORY THERE AND WE LOVE OUR NEIGHBORHOOD AND WE REALLY DON'T. WANT TO SEE THIS COMMERCIALISM IN INSIDE THE WALLS OF OUR NEIGHBORHOOD. SO AS STATED, WE'VE HAD MEMBERS OF OUR NEIGHBORHOOD NEGOTIATE. WITH THE APPLICANT AND THE OFFERS HAVE BEEN REFUSED TO IGNORED. THIS WOULD DESTROY THE ENTRANCE TO OUR NEIGHBORHOOD, AND IT'S JUST NOT SUITABLE FOR THE RESIDENTS OF THE NEIGHBORHOOD. AND WE ASK YOU TO DENY THIS. SOME CHANGE. BARBARA SNYDER. GOOD EVENING. I'M BARBARA SCHNEIDER. I'M A HOMEOWNER META RANCH ESTATES AT 1800 META RANCH ROAD. I'M A REAL ESTATE BROKER FOR 22 YEARS. A TOP PRODUCER MONUMENT REALTY, AND I'VE OWNED MY OWN REAL ESTATE BROKERAGE. META RANCHES STATES AS YOU MANY MAY YOU KNOW, IS MADE UP OF STATE PROPERTIES. EXTRA LARGE A GRIDLOCK WITH PROFESSIONAL HOMEOWNERS, DOCTOR, EXECUTIVES AND BUSINESS OWNERS. THIS NEIGHBORHOOD IS UNIQUE, AND THERE ARE VERY FEW SUBDIVISIONS LIKE THIS IN MCKINNEY. IN THE PAST 18 MONTHS, THREE DOCTORS HAVE PURCHASED A STATES IN META RANCH ESTATES. PASSING C TO REQUEST WOULD DESTROY THE SYMMETRY OF OUR NEIGHBORHOOD ENTRANCE. THIS WOULD HAVE A WALL ON ONE SIDE AND I WALL FURTHER DOWN ON THE OTHER. IT WOULD LOOK VERY DISJOINTED AND MAKE THE NEIGHBORHOOD LOOK SUBPAR.

DESTROYING THE ENTRANCE WOULD BRING IT UNDESIRABLE COMMERCIALISM THAT WOULD DRIVE DOWN HOME VALUES AND CAUSE GREAT DAMAGE TO OUR NEIGHBORHOOD. DESTROYING THE INTEGRITY OF THIS SUBDIVISION WOULD ACTUALLY BRING DOWN HOME VALUES. AND THE DESIRABILITY OF THIS NEIGHBORHOOD. FOR MANY HOMEOWNERS, THIS IS THE LARGEST INVESTMENT AND I WOULD ENCOURAGE YOU TO CONSIDER THE DETRIMENTAL EFFECTS OF SEATS WHO ZONING ON THIS LOT AND WHAT IT WOULD DO TO THOSE PEOPLE WHO HAVE INVESTED HOMES IN THIS NEIGHBORHOOD. THERE IS OTHER LAND IN MCKINNEY THAT HIS OWN FOR C TWO. AND MR ANDRE HAS MANY OTHER PLACES THAT HE CAN DO THESE BUILDINGS. WE HAVE NEGOTIATED IN GOOD FAITH OFFERED THREE DIFFERENT COMPROMISES THAT WOULD ALLOW HIM TO ATTAIN HIS STATED GOALS AS AN OFFICE BUILDING WITH VOLUNTARY DEED RESTRICTIONS, BUT HE HAS REFUSED OUR OFFERS AND PRESSED FOR MORE COMMERCIALISM. WE STRONGLY OPPOSE THIS PROPOSAL AND ASK THAT YOU DENY THIS VOTING. THIS ZONE CHANGE REQUEST AND HONOR THE HOMEOWNERS THAT LIVE HERE AND SUPPORT OUR COMMUNITY. THANK YOU. CHRIS BOWERS. MAYOR CITY COUNCIL. MY NAME IS CHRIS BOWERS AND I AM WITH THE LAW FIRM OF NICHOLAS SINCLAIR. AT 1800 VALLEY VIEW LANE FARMERS BRANCH AND I'M HERE REPRESENTING THE NEIGHBORHOOD ASSOCIATION FOR METAL RANCH ESTATES. UH I WOULD FIRST WANT TO TALK ABOUT THE FISCAL IMPACT MODEL THAT HAS BEEN GIVEN TO YO.

I BELIEVE THAT THIS MODEL IS FLAWED FOR SEVERAL REASONS. FIRST IT HAS ASSUMPTIONS THAT ASSIGNS VALUES TO THE STRUCTURES THAT WILL BE BUILT AND ASSUMES THAT THE BUILDINGS WILL HAVE BUILDINGS BUSINESSES OPERATING AND ADDING VALUE IMMEDIATELY. BUT WE DON'T KNOW WHEN THAT CONSTRUCTION WILL OCCUR OR WHAT THE TENANTS WILL BE AND WHEN THEY WILL BEGIN OPERATION SECON, THE MODEL STATES THAT THE ANNUAL OPERATING EXPENSES WITH THE. PROPOSED ZONING WILL BE LESS THAN YOU, THEN THE CURRENT OPERATING EXPENSES. HOW CAN THAT BE WHEN THE PROPOSED ZONING WILL SUPPOSEDLY LEAD TO MORE STRUCTURES? THIRD THE MODEL DOESN'T TAKE INTO ACCOUNT APPARENTLY THE DEMOLITION COSTS OR THE TIME WHEN THE PROPERTY IS NOT GENERATING ANY REVENUE DUE TO CONSTRUCTION. FOURTH THE MODEL SEEMS TO ASSUME THAT THE ECONOMY IS ALWAYS OPERATING AND GROWING AT AN EVEN RATE AND THEN FIFTH. THE MODEL DOES NOT TAKE INTO ACCOUNT OR ATTEMPT TO QUANTIFY THE REDUCTION AND PROPERTY VALUES IN THE MIDDLE RANGE OF STATES AND NEIGHBORHOOD IF THE C TWO ZONING. IS GRANTED AND YOU'VE JUST BEEN TOLD BY A REAL ESTATE BROKER, UH, THAT THOSE THAT THAT REDUCTION MAY OCCUR, AND ONE OF THE MAIN REASONS THAT MAY OCCUR IS THAT YOU WILL HAVE ONE OF THE TWO WALLS, WHICH IS NICE ENTRANCE TO THE NEIGHBORHOOD REMOVED AND REPLACED WITH ANOTHER WALL. UH THAT IS SOMEWHAT FURTHER INTO THE NEIGHBORHOOD. WELL TO ME THAT DOES NOT LOOK LIKE THE CLASSY DEVELOPMENT THAT I ASSOCIATE WITH MCKINNEY INSTEAD.

THAT LOOKS LIKE SOME SMALL TOWN IN OKLAHOMA. UM. I ALSO WOULD URGE YOU TO IF YOU'RE GOING TO

[00:55:04]

SO APPRECIATE THAT A LOT. WE DID TAKE YOUR COUNSEL, UH, INTO CONSIDERATION WITH US, AND THAT'S WHY WE DECIDED AGAINST OUR HARD NO APPROACH TO, UH, BRING A PROPOSAL TO THE APPLICANT. BY WAY OF A SIGNIFICANT CONCESSION ON OUR PART, I MIGHT MAD I MIGHT ADD.

FROM ZERO C. 22 WHAT ABOUT SUBURBAN OFFICE AND THEN THE QUESTION FOR US WAS GIVEN. THE HELTER SKELTER OF SEVEN YEARS BACK AND FORTH WITH. WORDS COMING OUT ONE SIDE OF THE MOUTH AND OUT OF THE OTHER SIDE OF THE MOUTH OR ON THE APPLICANTS, PAR. GIVEN THE LACK OF STABILITY IN THAT, AND GIVEN THE LACK OF ENGAGEMENT IN THIS LATEST ROUND OF NEGOTIATIONS WHERE WE HAVE.

UH AS STATED, PUT FORTH THREE, UH, AGREEMENTS OR THREE PROPOSALS WITH NO RESPONSE THAT MEETS ANY OF OUR NEEDS. HENCE HER IDEA FOR THIS, UH, VOLUNTARY DEED RESTRICTION THAT WOULD FREEZE FRAME A WALL IN ONE LOCATION AND STOP THE ENCROACH. SO REALLY, IT'S ALL ABOUT HONOR.

IT'S ALSO ABOUT FALLING ALL YOUR ROLES ADVICE. TO NEGOTIATE SOMETHING WHICH, FROM OUR PART WE'VE DONE. WE'VE EXPANDED THE EFFORT FOR IT. THAT HAS NOT BEEN THE CASE WITH THE APPLICANT. I ASSUME THE APPLICANT HAS VOTES, UH, AT LEAST IN HIS MIND. ALL WRAPPED UP WITH ALL YOU ALL. AND UM I KNOW THAT YOU ALL ARE BETTER THAN THAT. WE DO HAVE A SUPERMAJORITY AND I'M LOOKING FORWARD TO ONE OF YOU, IF NOT TWO OF YOU. TO STAND UP AND SAY. NO TO THE C TWO, BUT WITH OUR COMMITMENT THAT WE WILL CONTINUE TO BE THERE FOR ANY REAL NEGOTIATION. THAT THE APPLICANT WOULD HAVE IN THE INTEREST OF THE CITY. AND AS FAR AS OURSELVES AS WELL. THANK YOU VERY MUCH. THANK YOU. MIKE GORMAN. MR MAYOR, MEMBERS OF COUNCIL MIKE GORMAN. I RESIGNED IN 1910 METAL RANCH ROAD. IN TWO LOTS SOUTH OF THE PROPERTY IN QUESTION, 19. MR MAYOR, YOU SUGGESTED. UH WHILE BACK THAT WE ABSOLUTELY LET'S DO SOMETHING IN COMPROMISE. LET'S MEET AND SEE IF WE CAN DO SOMETHING THAT FELT AS YOU HELP ME GO TO GET THAT MEAN TO TAKE PLACE, AND WE APPRECIATE THAT. HAVE BEEN IMPOSED THE SANCTION DAY ONE FOR COMMERCIALIZATION, BUT IN THE SPIRIT OF COMPROMISE. YOU SAID, WHAT CAN WE LIVE WITH? IN THIS NEIGHBORHOOD AND ALLOW THE APPLICANT TO HAVE SOMETHING IN RETURN. WE'VE GIVEN TO PDS AND ONE SUBURBAN OFFICE TO THE PROPOSALS TO THE APPLICANT. THE ONLY THING WE HAVE ASKED IN RETURN. IS VOLUNTARY RESTRICTIONS FROM THE AFGHAN. I KNOW THAT'S NOT PART OF A ZONING REQUEST OR ANYTHING LIKE THAT.

BUT FOR US TO GET SOME KIND OF GUARANTEED TO AS YOU BECAUSE CAN WE HAVE SOMETHING TO PROTECT OURSELVES FOR THE FUTURE? WE'VE COME UP WITH THESE DEED RESTRICTIONS. TO PROVIDE SOME PROTECTION FOR US FOR FURTHER INCURSION INTO THE NEIGHBORHOOD. WE'VE GIVEN THAT TO THE APPLICANT AND I'VE NOT HEARD ANYTHING IN RETURN FROM THEM AT ALL. THEY HAVE NOT ADDRESSED IT WITH US. THAT'S ANOTHER REASON WHY WE'RE SAYING COME TO LIGHT. AND DENY THE SEA TO REQUEST.

WE'D LIKE THIS CONTINUING NEGOTIATING WE'RE GOING TO PUT THIS THING TO BED FINALLY. YOU KNOW, I KNOW YOU ARE TO, UH, BUT I'D LOVE TO SEE HAD PUT IT TO BED. I MEAN, DEALING WITH THIS FOR SEVEN YEARS. BUT I'D LIKE TO HAVE SOME KIND OF CONSIDERATION FROM THE APPLICANT FOR OUR POINT OF VIEW AND SOME PROTECTION GOING FURTHER. HE OWNS LIGHT 18. IT WILL CONTINUE ON IF WE DON'T HAVE SOME KIND OF PROTECTION. TOMORROW HE COULD PUT THAT UP AND COMFORTABLE FOR C TWO THERE AND GIVE THEM SIX ACRES. TO EITHER DEVELOPED OR SELL AND THAT THIS CONTINUES DOWN THERE.

HE'S ALSO INQUIRED ABOUT PURCHASING OTHER PROPERTIES IN THE NEIGHBORHOOD AS WELL. SO.

WE'RE LOOKING AT WHERE HE WANTS TO BUY UP THE WHOLE NEIGHBORHOOD. THANK YOU. THANK YOU. IS THERE ANYONE ELSE HERE TO SPEAK IN PUBLIC COMMENTS ON THIS ITEM? IN THE PUBLIC

[01:00:05]

SECOND ALL IN FAVOUR, WHICH CASH ABOUT. OKAY? FOR SANCHEZ. ACTUALLY IT COULD. CAN YOU HOLD A SECOND? JENNIFER LIKE THIS? YEAH I GOT A COUPLE QUESTIONS FOR JENNIFER AS WELL. JENNIFER A COUPLE THINGS I WANT TO. I WANT TO UNDERSTAND THERE'S A LOT OF COMMENTS ABOUT. ALL THIS TRAFFIC AND ADDITIONAL TRAFFIC IN THE DEVELOPMENT AND I WANT TO BE RESPECTFUL. MAYBE I MISSED SOMETHING. WHAT IS DUE FROM A STAFF PERSPECTIVE? ARE WE ANTICIPATING? WHY WOULD THERE BE TRAFFIC BEYOND. RIGHT SO WHY DO YOU THINK SOME OF THE CONCERNS THAT YOU HEARD ABOUT TRAFFIC AND NEIGHBORHOOD? SO WE DO HAVE THE MEADOW RANCH ESTATES, WHICH YOU CAN SEE ON THIS AERIAL AERIAL BUT TO THE SOUTH OF META RANCH ESTATES AS CREEK VIEW ESTATES. UM AND I THINK BELIEVE THAT THERE IS SOME CONCERN FROM THE CREEK VIEW ESTATES. RESIDENTS THAT TRAFFIC THROUGH TRAFFIC MAY NOW BE COMING THROUGH THEIR NEIGHBORHOOD. I DO WANT TO POINT OUT FOR THE COUNCIL THAT THERE IS AN EXISTING EMERGENCY ACCESS ONLY GATE IN BETWEEN CREAK CREAK U. S STATES AND MEADOW RANCH ESTATES. ON THAT EMERGENCY ONLY GATE IS ACTUALLY IN THERE BECAUSE OF THE ZONING FOR CREEK VIEW ESTATES, SO UNLESS THERE'S SOME SORT OF AN EMERGENCY ISSUE, RESIGNING WOULD HAVE TO OCCUR FOR THAT GATE TO BE REMOVED. WITH THIS REZONING THAT'S BEFORE YOU TONIGHT AT THE SOUTHEAST CORNER OF META RANCH IN 3 80. IT WOULD HAVE NO IMPACT ON THE LOCATION OF THAT EMERGENCY GATE THAT IS STILL THERE SO. UM BECAUSE I'M NOT. WE DON'T ANTICIPATE THERE'S NO TRANS TRAFFICKING TRAFFICKING IN THE NEIGHBORHOOD. THAT'S CORRECT. UM SECONDLY, ACROSS THE STREET, BUT FIRST I WANT TO DEAL WITH THE WALL. UM THE WALL. THAT'S UH. WELL THE ZONING ACROSS THE STREET IS C PLANNED, UH, CENTER THAT'S CORRECT. AND THEN THE DAY THAT WAS THE MOST INTENSE. USE.

WE HAD MOST INTENSE COMMERCIAL ZONING, COMMERCIAL ZONING, UM. WOULD YOU EQUATE IT TO SEE TO TODAY? ROUGHLY I MEAN, ACTUALLY WOULD NOT SO UNDER OUR CURRENT ZONING ORDINANCE, WE HAVE C ONE C TWO AND C THREE. SO ORDER OF MAGNITUDE FOR THOSE C ONE IS THE LEAST INTENSIVE COMMERCIAL. C TWO IS MEDIUM INTENSE COMMERCIAL AND C THREE IS OUR MOST INTENSE, SO SEE PLAN CENTER AT THE BASE ZONING DISTRICT FOR THE PROPERTY ON THE WEST SIDE OF THIS ONE, WHICH IS EQUIVALENT TO TODAY'S C THREE. SO WE'RE A STEP BELOW THAT WITH THIS REQUEST, SO RIGHT NOW. WE HAVE ZONING THAT WHEN WE'RE TALKING ABOUT COMMERCIALISM ENCROACHING IN THE NEIGHBORHOOD, ALTHOUGH TODAY THAT'S A WHAT IS AN ANIMAL HOSPITAL OR SOMETHING CORRECT. TOMORROW IF THEY SOMEBODY BOUGHT THAT THEY COULD THAT THAT'S FROM INTENSIVE PURPOSES. C THREE ZONING. ON THAT SIDE. THAT'S THAT'S CORRECT. THAT'S THIS SIDE RIGHT THERE. YES CORRECT AND THAT DOES IT. GO TO THAT THAT LINE RIGHT, BUT IT'S OKAY. QUESTION ON THE HOSPITAL MUFFLER SHOP THAT'S CORRECT. YEAH SO ON THE WEST SIDE, WE HAVE THAT RED BOX YOU DREW THEIR COUNCILMAN ROGERS IS CORRECT. THAT'S THAT C TWO OR I'M SORRY. UM C THREE OR C PLAN CENTER ON THE EAST. THIS TRACT HERE AND I'LL DO IT IN THAT SAME RED COLOR. THIS IS ZONED PD AS WELL. AND IT IS HAS A BASE ZONING FOR INDUSTRIAL USES. AND THIS IS SOMETHING THAT WE LOOKED AT AS A STAFF AS WELL, BECAUSE WE DO UNDERSTAND THE CONCERNS OF THE MEADOW RANCH RESIDENTS, BUT. LOOKING AT THE FRONTAGE THAT THIS THESE TRACKS

[01:05:03]

WE'RE NOT TALKING ABOUT MOVING THE OPENING THE GATES AT THE SOUTH END, THERE IS NO ADDITIONAL TRAFFIC INTO THE NEIGHBORHOOD. WHEN WE TALK ABOUT RUINING THE SYMMETRY OF WALLS, WE ACTUALLY HAVE A METAL WHILE ON ONE SIDE VENTS ON ONE SIDE, A WALL ON THE OTHER, BUT ABOUT THE ENTRANCE. YEAH CLARIFY FOR YOU LET HER IF YOU WOULD PLEASE ABSOLUTELY SOME ON THE ANIMAL CLINIC. THERE IS A METAL WALL HERE THAT IS ACTUALLY SUBJECT TO THE ZONING. AND THEN THERE IS ALSO WE CALL IT A MONUMENT SIGNED. SO THERE'S THE MEADOW RANCH MONUMENT SIGNED WITH WHICH ARE BRICK AND THAT IS ON EITHER SIDE. NOW THEY'RE CURRENTLY A LITTLE BIT OFF CENTER FROM EACH OTHER. BUT THOSE DO EXIST AND FROM THE RESEARCH THAT WE'VE DONE, NEITHER ONE OF THOSE WALLS ARE REQUIRED ON THE PROPERTIES THAT YOU WANT. SO MY POINT IS YOU'RE MAKING MY POINT THAT.

THAT ON THE WEST SIDE, WE HAVE C THREE HEAVIER COMMERCIAL USE ZONING DEEPER INTO THE DEVELOPMENT. THE CONCERN ABOUT SYMMETRY OF WALLS DOESN'T EXIST IF TOMORROW. THAT GETS PURCHASING DEVELOPED FOR C THREE. THERE IS NO REQUIREMENT OF THAT MONUMENT ON THE OTHER SIDE OR THE METAL FENCE FOR THAT. UH, AS WELL. CORRECT, CORRECT, OKAY? SO AGAIN. I THINK EVERYONE NEEDS TO UNDERSTAND ALL OF THESE THINGS AS WE AS WE HAVE THIS DISCUSSION, AND WE MOVE THROUGH THESE ITEMS. DOES ANYONE ELSE HAVE A QUESTION? SO THERE WAS A PROTEST WHO FILED A PROTEST WHERE THEY LOCATED? WHY WHAT? WHAT IS THE, UH, THE LOCATION OF THE PROTEST? SO THE PROTEST SO WHEN WE RECEIVE A WRITTEN PROTEST, UM, PETITION. WE ARE LOOKING AT A BUFFER AREA OF 200 FT FROM THE SUBJECT PROPERTY AND ANY SIGNATURE THAT WE RECEIVE ON THAT. WE LOOK AT THE AMOUNT OF PROPERTY THAT THAT SIGNATURE REPRESENTS WITHIN THAT 200 FT BUFFER AND WE'RE LOOKING AT 20% OR MORE OF THAT PROPERTY REPRESENTATION AS QUALIFYING. UM WE DID RECEIVE SEVERAL SIGNATURES FROM PROPERTY OWNERS WITHIN MEADOW RANCH, AND I BELIEVE THE PROPERTY OWNER THAT WAS, UM THAT. PUSHED IT OVER THAT 20% THRESHOLD WAS THE PROPERTY TO THE ONE THAT HAS INDUSTRIAL. I BELIEVE THAT IS CORRECT. ONE THAT HAS INDUSTRIAL USES HAS A PROBLEM WITH IT. OH, BURRO. YEAH, BUT WE'RE. WHAT WE'RE THINKING IN TERMS OF RIGHT NOW IS WE'RE. OUR DECISION AGAI.

NONE OF THESE THINGS ON THEIR OWN MAKES A DECISION. BUT AS WE ANALYZE PIECES WE ANALYZE NOT

[01:10:04]

IF I KNOW ITS OWN INDUSTRIAL IF HE SELLS TOMORROW, THAT COULD BE INDUSTRIAL ZONE INSIDE FOR ME, NOT A HARD STOP THERE AGAIN. THERE'S OTHER ISSUES, BUT. ANYONE ELSE HAVE A QUESTION FOR JENNIFER BEFORE WE BRING THE APPLICANT UP FOR WERE YOU HERE? WHEN THAT, UH, PLANNING DEVELOPMENT TO THE WEST WAS INSTITUTED OR WHEN THE MUFFLER SHOP WENT IN THERE? NO, I WAS NOT. BECAUSE THERE WAS SOME COMMENTS ABOUT BEING MORE LIKE OKLAHOMA. AND I DON'T KNOW. AND A MUFFLER SHOP WOULDN'T QUALIFY UNDER THOSE COMMENTS. I WILL JUST STAY IN 1992. I WAS NOT PROFESSIONAL WORLD OF THAT TIME. I THINK YOU SAID THIS FOR YOU. ONE TO THE WEST WAS IN 4000 AND TWO STILL NOT IN THE PROFESSIONAL WORLD AT THAT TIME. THAT'S WHAT I THOUGHT YOU WERE TOO YOUNG FOR THAT, AND I THINK THAT. MR SANCHEZ, WHERE YOU STILL EMPLOYED BY THE CITY OF MCKINNEY AT THAT TIME. SHED SOME LIGHT ON THAT QUESTION. YES, SIR. AND FOR EVERYONE'S BENEFIT.

MR SANCHEZ USED TO WORK FOR THE CITY OF MAKENI AND THE PLANNING DEPARTMENT. I BELIEVE HE CAME HERE AT 1996. CORRECT, CORRECT. AND WHEN DID YOU DEPART FROM THE CENTER? 1002 SIR. AND SO I'M ASKING YOU AS A FORMER CITY EMPLOY PRESENT. WHEN SOMEONE ATTEMPTED PUT IN A MUSCLE SHOP THERE. YES, SIR. UH, SO IF YOU. VERY QUICKLY. THE ENTIRE DEVELOPMENT FROM 3 80 SOUTH THAT INCLUDES MANY RANCH WAS BROUGHT IN. WE WORKED ON IT ACTUALLY IN THE 97 98 99 TIMEFRAME. IT TAKES A WHILE TO GET THESE THINGS DONE. AND AT THE TIME WE HAD REALLY OLD COATS. WE JUST REALLY DID. AND WE HAVE STAFF WERE TRYING TO BEND AID EVERYTHING TOGETHER AS WE WERE TRYING TO IMPLEMENT NEW CODES. WE KNEW PROFESSIONALLY WHAT WE NEEDED TO DO. BUT WE WEREN'T THERE YET. SO EVERYWHERE WE COULD. WE WOULD PUT THE BAND AID ON. IN THIS PARTICULAR CASE, THE PROPERTY THIS RESIDENTIAL REMAINED AG, EVEN THOUGH WE CAUTIONED AGAINST IT THAT IT SHOULD HAVE BEEN GIVEN AN ACTUAL ZONING DISTRICT, OR 81, OR 82. AG ZONING CREATES A LOT OF PROBLEMS LONG TERM FROM A LAND MANAGEMENT PERSPECTIVE. UH AND THEN THE MOBILE HOME. THAT'S THERE. THAT'S NOW THE VET VETERINARIAN'S OFFICE WAS ACTUALLY THE OFFICE OF THE DEVELOPER, MR CRAIG. UH TWO OR THREE DOUBLE Y. IT'S KIND OF, U, PIECE TOGETHER, AND THAT WAS HIS OFFICE, AND IT'S BEEN A NUMBER OF USES SINCE THEN. UH IN 2000 AND TWO TIME FRAME, THE MUFFLER SHOP HAS ACTUALLY BEEN LIKE TWO OR THREE DIFFERENT USES ALL KIND OF AUTO RELATED. WHAT WE WOULD NOT. THIS IS NOT DISPARAGING WHAT WE WOULD CALL KIND OF A DIRTY OR COMMERCIAL USE, AND WE CAUTION ON THAT AS WELL. BUT THERE'S ONLY ALLOWED IT. THERE WASN'T ANYTHING WE COULD DO EXCEPT SAY, WELL, EVENTUALLY, 3 80 WILL BECOME A HIGHWAY AND THE ECONOMY WILL TAKE CARE OF ITSELF. BUT. I UNDERSTAND IS THAT P D, UM. IT ALLOWED FOR THE MONSTER SHOP CAME IN IN 2000 AND TWO CORRECT. WHERE YOU PRESENT FOR ANY OF THE COUNCIL MEETINGS OR PLANNING AND ZONING MEETINGS. YES, SIR. THAT WAS PROPOSED.

YES, SIR. WAS THERE. BACKLASH FROM THIS SAME COMMUNITY? YES. RIGHT. UM, THANK YOU. YES, SIR.

SO WE'VE BEEN DEALING WITH THIS BUNCH LONG TIME. YES, SIR. UHH! WHAT HAVE YOU PROPOSED IN THE PAST? WHAT'S GIVE ME A GOT A NUMBER OF QUESTIONS. I'M GONNA ASK YOU BE BRIEF. IF YOU CAN. I WILL, SIR. UM. IN 2018. WE PROPOSE THAT THE NORTHERN TWO ACRES B C TO THE SOUTHERN TWO ACRES, BSO SUBURBAN OFFICE AT THE TIME COUNCIL GAVE US A DEFINITION AND THE DIRECTOR TO SAY. MARTIN YOU CAN DO OFFICE USES IN AG. BUT THERE'S STILL THE ISSUE OF OFFICE BUILDING, WHICH IS OFFICE USES. AND SO WE SAID, OKAY, GREAT. WENT ON WITH LIFE. THEN UH, LAST YEAR, WE

[01:15:01]

BECAUSE HONESTLY, THE MARKET'S GOING TO DICTATE AND I JUST DON'T SEE THAT PROPERTY AS A WATER BURGER SIDE. THAT JUST IS NOT OKAY. SO WE WERE STILL UNDER THE APPROACH OF, UH, BUILDING THAT WAS, LET'S SAY TWO STORIES. SECOND STORY BEING OFFICE. GROUND FLOOR BEING LIMITED COMMERCIAL RETAIL. AND THAT'S WHERE WE WERE. UH YOU MR MAYOR, COUNCILWOMAN FELT THIS.

FACILITATED A MEETING. CITY MANAGER WAS THERE. WE ALL TALKED ABOUT IT TRYING TO GET TO THE MIDDLE AND I CAN KEEP GOING ON. UNLESS YOU THAT'S ENOUGH TO LET ME TAKE YOU BACK VERY QUICKLY, THOUGH, WHEN? BECAUSE IT WAS. WHAT WAS THE YEAR? UM UH YEAH, 18 BECAUSE I MEAN, IT WASN'T CANCER. WE HAD YESTERDAY. OBJECTION FROM PRESIDENT AT THAT TIME WHEN YOU WERE PROPOSING OFFICE ON THAT TRACK. YOU YELLED AT ME BACK THEN, TOO. YES. SO ALL RIGHT, UM. CAUSE I'M HEARING NOW OFFICE WOULD BE ACCEPTABLE. UM, BUT I KNOW THAT TWO YEARS. THREE YEARS AGO. THAT WAS. WE'RE TOLD THAT RESIDENTS WERE CATEGORICALLY OPPOSED TO THAT DIRECTION. UM OKAY. THE DON'T WANT TO DOMINATE ALL THE QUESTIONS. I'LL ASK ANOTHER ONE. THEN OPEN UP AND COME BACK.

SOMEONE ELSE DOESN'T ANSWER THE OTHER, UM, ALREADY IDENTIFIED. I HAD. I WANTED TO GET TO THE BOTTOM OF THE EAST AND WEST PROPERTIES OWNED. JENNIFER ALREADY DID THAT PROHIBITED USES. YOU HAVE YOU HAVE AGREED TO A NUMBER OF THEM AUTO PARTS SALES SERVICE STATION AND MOTOR VEHICLE FUEL SALES, GARAGE, AUTO REPAIR, BAIT SHOP, BUS STATION, RESTAURANT OR CAFETERIA DRIVING SERVICE. HALFWAY HOUSE. THINGS LIKE THAT AGREED TO MM UH, MAXIMUM OF 40 FT. CORRECT. WE ALSO AGREED TO, UH, EXTERIOR FINISHING MATERIALS WHERE THE CITY CAN'T REQUIRED OR ENFORCEMENT. WE SUFFER IMPOSED IT. ROOF TREATMENT LOCATION OF TRASH DUMPSTERS TO GET HIM AWAY FROM THE RESIDENTS AS FAR AS POSSIBLE. UH ADDITIONAL THAT WE ADDRESS THE SCREENING WALL. WE HAD ADDITIONAL LANDSCAPING, BOTH ALONG METAL RANCH AS WELL AS THE SOUTHERN EDGE OF THE PROPERTY.

OF THE FOUR ACRES. SITE IMPROVEMENT ENHANCEMENT. STAND COLORED CONCRETE AT ENTRANCES.

UH UM UH AND DECORATIVE LIGHT PULSE THROUGHOUT AND EVEN LIMITING SOME OF THE LIGHT STANDARDS AS WELL SO THAT THEY WERE EITHER WALL PACKS OR THEY WERE. UH BOLLARD SHOOTING DOWN.

REMEMBER I STILL HAVE TO MEET THE SIGN ORDINANCE OR THE LIGHTING ORDINANCE IN MCKINNEY.

IT'S PRETTY TOUGH, SO. YOU GOTTA BALANCE ALL THOSE THINGS TOGETHER. BUT WE OFFERED ALL OF THAT UP, SIR. IN OUR LETTER OF INTENT. UH PEOPLE HAVE QUESTIONS FOR QUESTION. OH, SAID THAT THEY GAVE THE THREE PROPOSALS. WHAT WERE THE THREE PROPOSALS THAT IT KIND OF GAVE YOU THAT? YOU DIDN'T? APPARENTLY THAT YOU TURNED DOWN? UH IN SHORTLY AFTER THE APRIL MEETING, COUNCILMAN ROGERS WE GOT TOGETHER I ATTENDED VIA CONFERENCE. I WAS NOT THERE PERSONALLY, BUT CASEY WAS WHERE WE STARTED OUTLINING KIND OF THE LIST. THEY JUST READ OFF LIKE. LET'S START WITH ALL THE THINGS WE KNOW WE CAN GIVEN. LET'S START TALKING, LIKE MARKING OUT THE BAD STUFF, ETCETERA, ETCETERA. AH THE RESIDENTS REALLY DIDN'T WANT TO GO THAT ROUTE. INSTEAD, THEY GAVE US THEIR VERSION OF A P D. IF YOU WOULD THAT THEY GAVE US RIGHT. THE PD WAS KIND OF FRAUGHT WITH THAT THEY GAVE US THE DOCUMENT THEY GAVE US WITH WAS FRAUGHT WITH ENFORCEABILITY.

AS YOU KNOW, PDS ARE LEGAL. THEY'RE LEGAL ISSUE. THERE'S A REASON WHY. BOB AND I ARE ALWAYS HERE RIGHT? BECAUSE THEY'RE VERY SPECIFIC ITEM. IT'S NOT JUST A LIST OF WE'LL HEAR THE THINGS I WANT. WE HAVE TO FOLLOW THE LAW. UH, SO. UH THAT WAS THE FIRST ONE THE SECOND ONE. ONCE WE KIND OF REALLY DELVE DOWN IN AND CLEANED UP THAT LIST I JUST READ OFF TO YOU, SIR. THEN THE RESIDENTS TOOK THAT AND GAVE US BACK A RED LINE DOCUMENT AT THE MEETING THE DOCTOR FELT AS FACILITATED APPROXIMATELY EIGHT WEEKS AGO THAT FELT IS THAT GENERALLY THE RIGHT TIME FRAME.

68 WEEKS AGO. AND THAT WAS THE FIRST TIME I'D SEEN THAT VERSIO. SO BASICALLY THEY TOOK OUR

[01:20:06]

THEY SAID, HEY, WE'LL SUPPORT S. AND YOU CAN HAVE YOUR COMMERCIAL AND MOVE ON WITH LIFE. THAT'S HOW I INTERPRETED. I RESPONDED THAT AFTERNOON WITHIN PROBABLY A COUPLE HOURS. FANTASTIC I THINK WE HAVE A DEAL. WE CAN DO THAT IF YOU WANT TO GO, AND YOU'RE OKAY. WITH S O ON SECOND TRACK WE'RE GOING TO SEE TO IN THE FIRST TRACK. WE'RE BACK TO THE 2018 APPLICATION AND WHO WHO? LET'S CALL IT A VICTORY. LET'S JUST MOVE ON. WITHIN. 24 36 HOURS. THE RANDOM THE RESPONSE THEN ON THE 11TH. WAS AND I KEEP LOOKING AT MY PHONE BECAUSE I GOT IT, NOT BECAUSE I'M BEING RICHER APOLOGIZED. THE RESPONSE WAS NO, NO, NO, I REALLY DIDN'T MEAN. S O. S C TWO ADJUSTMENT.

ESA. AND ABOUT THAT TIME THAT'S WHEN WE STOPPED. UH. MEANINGFUL E ENGAGING WITH THE RESIDENCE BECAUSE WE WEREN'T GETTING ANYWHERE. AT THIS POINT. WE WERE ARGUING ABOUT WHAT INDEED, RESTRICTION IS WHAT THE RESTRICTION ISN'T WHAT A PDS WITH THE PD ISN'T ETCETERA, ETCETERA AS AN EXAMPLE, SIR. IN THE DEED RESTRICTION FORM THAT THEY SENT US. I LOOKED AT NOT ENTIRELY BAD. BUT. AS AN EXAMPLE OF ENFORCEABILITY, THAT FORM SAYS. THAT MY CLIENT AND THE RESIDENTS ARE GOING TO AGREE VIA DEED RESTRICTION. THAT THE VETERINARIAN ACROSS THE STREET IS GOING TO DO X Y Z. WELL, THAT'S NOT ENFORCEABLE. YOU AND I CANNOT ENTER INTO A CONTRACT THAT, SAYS MARC HAUSER ROSES A MILLION BUCKS IF HE IS NOT PART OF THE CONTRACT, AND SO AGAIN, I KEPT TRYING TO SAY THESE ISSUES. DON'T WORK. BUT WE HAVEN'T BEEN ABLE TO GET. TO ANY MEANINGFUL END ON THIS, SIR. AND IN THE END, I THINK ALL OF US ARE SAYING THE SAME THING. WE WANT TO GET TO AN END. MR DANCER AS YOU AND I HAD A CONVERSATION ABOUT THE RESTRICTION. WE TALKED ABOUT THE FACT THAT YES, IT'S NOT APPROPRIATE FOR US TO INVOLVE THE VET ACROSS THE STREET. BUT IF WE'RE TALKING ABOUT YOUR CLIENT'S PROPERTY. AND AN AGREEMENT TO ENSURE BECAUSE I UNDERSTAND FROM THE RESIDENTS STANDPOINT, THEY'RE CONCERNED ABOUT FURTHER

[01:25:03]

REALLY? OF ALL OF THIS. IF THERE'S ANYBODY TO BE IMPUNITY SHOULD BE ME AND NOT MR ANDRE.

UH THE IMPLICATION THAT HE HAS SOMEHOW BEEN NEFARIOUS OR DUPLICITOUS. IS NOT THE CASE. IF ANYTHING, HE LOOKS AT ME AND SAYS, WHAT DOES ALL THIS MEAN? AND I GIVE THEM DIRECTION AND I GIVE HIM ADVICE BECAUSE THIS IS WHAT I DO FOR A LIVING. SO IF ANYBODY IS GOING TO BE CRITICIZED, IT SHOULD BE ME. THAT HAVING BEEN SAID DR FELT AS YOU AND I TALKED ABOUT THIS AND.

THEY HOUSE THAT MR ANDRE LIVES. WHICH IS THIS ONE RIGHT HERE. ON THAT. I DON'T THINK WE HAVE A PROBLEM WHERE THEY DID RESTRICTION. WE DON'T. BUT THE DEED RESTRICTION HAS TO BE IN A FORM. THAT IS ENFORCEABLE AND THAT IS LEGAL TO START WITH A B. IF MR ANDRE IS GOING TO SIGN THAT DEED RESTRICTION SHOULDN'T. THIS PROPERTY ALSO SIGNED THAT DEED RESTRICTION BECAUSE IT'S IN THE EXACT SAME POSITION OF ENCROACHMENT IN THE FUTURE. BEAT, SEE. THE DEED RESTRICTION AS A CONTRACTUAL OBLIGATION IF YOU AND I WERE ENTERED INTO AS INDIVIDUALS, NOT AS COUNCILS CONSULTANT AS INDIVIDUALS. IS BASED ON OUR ABILITY, OUR INDIVIDUAL ABILITY TO ACTUALLY ENFORCE THAT AGREEMENT, AND THAT MEANS LITIGATION. USUALLY WE DON'T HIRE LAWYERS SPENT A LOT OF MONEY FOR THE CORRECT YOU. THAT'S A COVENANT. OKAY, WELL, CONTRACT. YOU'RE RIGHT. YOU'RE ABSOLUTELY CORRECT, SIR. YOU'RE CORRECT. SO WITH THAT. WE ASKED. THE QUESTION OF THE RESIDENTS.

IS THERE AN ACTUAL H O A, WHICH IS THE VEHICLE TO ENFORCE THE COVENANT? THERE IS A CORPORATE ENTITY THAT WAS SET UP SEVEN YEARS AGO. THE DOCUMENTS THAT I RECEIVED FROM THE RESIDENTS STILL HAVE THE NAMES ON THE CHARTER OF CERTAIN AS AGENTS OF CERTAIN PEOPLE WHO DON'T EVEN LIVE IN THIS NEIGHBORHOOD. WE ASKED. DO YOU COLLECT DUDES? DO YOU HAVE A MECHANISM TO HAVE FUNDS TO BE ABLE TO ENFORCE A COVENANT THROUGH THE COURT SYSTEM? THEY DON'T COLLECT DUES.

ARE YOU THEN ASK. SO ARE ALL 17. I BELIEVE THERE'S 17 LOTS. MR. ARNOLD MIGHT CHECK ME ON. LET'S JUST SAY 17 FOR A SECOND. DO ALL 17 LOT OWNERS BELONG TO THIS ASSOCIATION. AND THE ANSWER IS NO. SO I THEN QUESTION. MUST. RONNIE WILL SIGN A DEED RESTRICTION A COVENANT. WITH WHO? AND HOW IS THAT GOING TO BE ENFORCED LONG TERM AND IS THERE AN EXISTING BUDGET TO MANAGE THAT WHEN YOU'RE TALKING ABOUT AN H O A. AND THIS IS WHERE I'M GOING TO TAKE IT A CERTAIN POINT AND I GOT TO STOP BECAUSE I'M OUT OF MY LANE. YOU ALWAYS HAVE THEIR OWN LEGAL REQUIREMENTS THAT THE STATE OF TEXAS IN TERMS OF ITS CHARTER, ITS OPERATIONS. IT'S WHAT THEY'RE SUPPOSED TO DO AND NOT DO, ETCETERA, ETCETERA. AND IF THAT VEHICLE IS NOT AN ACTUAL, REAL OPERATIONAL VEHICLE I GO BACK TO THE SOUL. WHO ARE WE SIGNING THIS COMPANY WITH THAT'S THE CHALLENGE. IS MR ANDRE. HAVE A PROBLEM WITH IT. NO IT'S HIS HOUSE, AND THERE DOESN'T SEEM TO BE A RATIONAL DECISION OF FURTHER ENCOURAGE. I HOPE I ANSWERED YOUR QUESTION. DR PHELPS, AND I APOLOGIZE.

ALLOWS LONG WINDED AND MR HAUSER VICE STRAIGHT OFF TOO MUCH SAID ANYTHING THAT WAS NOT CORRECT.

OF COURSE, FURTHER, OKAY? FURTHER ENCROACHMENT WOULD WOULD ONLY BE ABLE TO TAKE PLACE WITH ANOTHER ZONING CASE AND THEN CORRECT APPROVAL. SO AND RIGHT NOW THAT THAT I GUESS THAT. IS AVAILABLE TO ANY ONE OF THE 17 DONORS IN THERE AS AN EXAMPLE IN THE SEVENTH ON THE 17 LOTS.

THERE ARE CURRENTLY SOME WHAT WE MIGHT CLASSIFY IF WE WERE IN THE CITY AS HOME OCCUPATION. HOME OCCUPATIONS. BUT YOU'RE IN A BAG AND SO NOW WE GET BACK INTO WHAT IS THE CODE REALLY SAY AS AN EXAMPLE THERE'S A GROUP CORNERS ON THIS PROPERTY IN THIS NEIGHBORHOOD. WHICH IS GROTESQUELY NOT ALLOWED. BUT THAT'S NOT MY ISSUE. I'M JUST TELLING YOU, THIS IS LIFE. I'M.

[01:30:10]

PLEASE STAY HERE IS THAT I MIGHT HAVE SOME QUESTIONS FOR YOU. BUT I ALSO WANT TO MAKE SURE THAT I'M NOT GIVING POOR LEGAL ADVICE, BUT. COVENANT SUCH AS INDEED RESTRICTION BURDENS THE LAND CORRECT, CORRECT, AND THERE'S NOT A NECESSARY THIRD PARTY THAT HAS SIGNED IT OTHER THAN THE OWNER OF THE LAND THAT'S BURDEN. RIGHT SO BARNES THE TO PROPERTY, WE WOULDN'T NECESSARILY NEED AN H O. A TO SIGN OFF ON THAT. JUST THE LANDOWNER AGREEING TO RESTRICT HIS PROPERTY. UNDER A COVENANT THAT RUNS WITH THE LAND TO THE OTHER OWNER. SAYING IT, UM.

WHICH WOULD BE ENFORCEABLE, BUT THOSE TWO OWNERS. WHICH THAT'S MY POINT. IS THAT AN H AWAY OR IS IT AN INDIVIDUAL PERSON? WELL, THEY WERE DRAWING THE COVER. THERE'S A COVENANT THAT RUNS WITH THE LAND. IT RUNS WITH THE LAND AND SEA ENFORCEABLE BY ANYBODY. AGAINST THE LAND ITSELF. YOU KNOW, I AM WRONG AND MAKING THAT STATEMENT. IT'S A FORCIBLE. AGAINST THE PERSON WHO GAVE THE COVENANT RIGHT? YEAH BUT WHO IT'S IN THIS CASE WOULD BE MR ANDRE. CORRECT WHICH LEADS TO MY NEXT POINT. WHOEVER OWNED THE PROPERTY FROM MR ON WE, AS A CITY COUNCIL COULD NOT EXTRACT THAT FROM ANYBODY OR REQUIRE ANYBODY TO SIGN A COVENANT. CORRECT. AND SO, MR. SANCHEZ IS CORRECT THAT THAT'S NOT THE BUSINESS THAT WE'RE IN TO REQUIRE COVENANTS AND FORCED GOVERNANCE. WE DON'T DO. RIGHT? AND I THINK THAT WAS THE POINT. I WAS TRYING TO GET TO THAT I BELIEVE MR ANDRE COULD DO THAT IF THAT WAS HIS GOODWILL TO DO THAT, BUT THIS CITY COUNCIL COULD NOT REQUIRE THAT OF ANYBODY. LANDOWNER CORRECT. WHA. THAT'S WHAT I NEEDED TO CLEAR UP. THANK YOU, MR HAUSER. DUTCH FELT I APOLOGIZE LONG IN MY ANSWER. THAT'S FINE. YOU KNOW, I WOULD LIKE IN ALL HONESTY, BECAUSE THIS HAS BEEN QUITE A BATTLE BACK AND FORTH. FOR YOU TO CONSIDER AND GOODWILL PROVIDING THAT RESTRICTION. OKAY SO THAT FOR ME, THAT'S THAT'S A THAT'S A TIPPING POINT FOR ME. I WILL SAY WE'VE WE'VE BEEN THROUGH A LOT WITH THIS CASE. I HAVE REQUESTED THE TABLE IT AND THANK YOU TO THE REST OF COUNCIL FOR PATIENTS ON THIS. I'M GOING TO BE HONEST, I THINK THIS COULD HAVE GOTTEN GONE A LOT SMOOTHER. I HAD EMAILS THAT WENT UNANSWERED FOR WEEKS. UM NOT BY YOU. NOT NO, NOT BY YOU, BUT URGINGS TO GET GET A MOVE ON GETTING A RESOLUTION. THAT WENT UNANSWERED. FOR WEEKS. WE HAD DELAYS THAT WERE UNNECESSARY. I THINK WE COULD HAVE GOTTEN MUCH FURTHER WITH JUST MORE ATTENTION. IN ALL HONESTY, AND I APPRECIATE THE RESIDENTS FOR YOUR PASSION ON THIS AND YOUR CONCERN, BUT YOU KNOW, WE HAVE DELAYED DELAYED DELAYED IN THE IN THE URGENCY THAT WE HAVE PUSHED ON THIS. I THINK IN ALL HONESTY DIDN'T WAS NOT REGARDED. AND IT'S DISAPPOINTING FOR ME BECAUSE WHAT I WANTED TO SEE WAS A SOLID. UNIFIED PLAN FOR BOTH SIDES, SO I'M DISAPPOINTED THAT WE'RE IN THIS ROOM HAVING THIS LONG OF A DISCUSSION ON THIS TOPIC AFTER IT'S BEEN TABLED THREE TIMES. UM YOU KNOW, THE LAST MEETING THAT WE HAD ABOUT A MONTH AGO. UM WITH THE MAYOR WITH. THE CITY MANAGER WITH THE REPRESENTATIVES FROM THE FROM THE COMMUNITY. AND ALSO MR ANDRE HIMSELF SHOWED UP, WHICH IS NOT BEEN DONE IN THE PAST, SO THERE WAS AN EXTENSION THERE. FROM THAT SIDE TO REALLY TRY TO REACH A RESOLUTION, AND WE ALL WALKED OUT WITH A VERY POSITIVE OUTLOOK ON THIS PROJECT. AND IN THE VERY SHORT TIME PERIOD AFTER THAT, THEN WE GOT A LOT OF PUSHBACK WHICH I HONESTLY, YOU KNOW, I'M SURPRISED TO HEAR ABOUT UM SO. YOU MR. SANCHEZ SHOWED US A PLAN IF WE DID NOT RE ZONE, WHICH WOULD INCLUDE. FOUR BUILDINGS. YES. WHICH. MEETS THE CRITERIA FOR WHAT? WHAT IT'S ZONED FOR WHICH DOES NOT REQUIRE ANY REMOVAL OF THAT WALL THAT WOULD STAY THERE. AND THEN WHAT WOULD HAPPEN IS YOU HAVE TO COMMERCIAL BUILDINGS ON THE FRONT. AND THEN TRAFFIC NOW COMING THROUGH THE

[01:35:02]

THAT'S RIDICULOUS. IT'S NOT GOING TO DESTROY YOUR ENTRANCE. IT'S NOT GOING TO DRIVE YOUR HOME PRICES DOWN. IT WILL BE A FINE PROJECT. AND I'M GOING TO VOTE FOR THIS PROJECT. TO THAT POINT. WHAT WAS SENT OUT WAS A I HAVE A COPY OF IT. TO ALL RESIDENTS OF CREEK VIEW ESTATES OPPOSED 21 00059 ZONING CHANGE REQUEST FROM A RANGE OF STATES. APPROVAL OF THIS COMMERCIAL INTRUSION WILL REQUIRE THE CITY TO MOVE THE GATE OR REMOVE IT COMPLETELY. THAT IS COMPLETELY FALSE. COMPLETELY FALSE. THIS IS ONLY REQUEST HAS ABSOLUTELY NOTHING TO DO WITH THE GATE AT THE SOUTH END OF PROPERTY BETWEEN THE TWO BUT AGAIN, IT SAYS, MOVING THE GATE APPROVAL.

THIS COMMERCIAL INTRUSION WILL REQUIRE THE CITY TO MOVE THE GATE OR REMOVE IT COMPLETELY.

[01:40:02]

SOMETHING THAT WAS PUT OUT EXTREMELY FALSE INFORMATION PUT OUT. YOU TELL ME? I DON'T KNOW, BUT THIS IS WHAT WAS POSTED AROUND AND THIS IS IN SPEAKING TO THE RESIDENTS OF PREVIEW ESTATES THAT I TALKED TO. THEY GOT THE SAME NOTICE SO I CAN'T SAY WHO PUT IT UP? BUT WHERE THE 2200 SIGNATURES COME FROM. HOW DID YOU GET 200 PEOPLE DESIGNED. THAT WE'RE GOING TO CHANGE OUR ENTRANCE. WELL, YOU DIDN'T. YOU JUST SAID THAT YOU'RE GONNA THERE THEY WERE GOING TO BE AFFECTED BY THAT CHANGE, SO THAT'S DECEPTIVE BOOKS. MARSHALL, OKAY? WE HADN'T MR MAYOR? YEAH WE'RE WE'RE NOT LIKE VISIT WITH JENNIFER ARE KEY STATES. JENNIFER JENNIFER. BUT BY THE WAY, I'M NOT IMPLYING THAT IT I'M NOT. I DON'T KNOW WHO IT CAME FROM. MY POINT IS JUST THAT TWO MAJOR PROJECTS POINT THERE WERE THE SIGNATURES AND THE CAUSE THAT I GOT FROM THAT WAS BASED PURELY ON THAT. THAT, UM. BELIEF SO AGAIN, NOT SAYING ANYONE IN THIS ROOM DID.

I DON'T KNOW WHO DID IT. I DON'T KNOW IF THEY TOOK IT UPON THEMSELVES, BUT REGARDLESS I THINK WE'VE IDENTIFIED CLEARLY THAT IT IS A FALSE STATEMENT. BUT. MS ARNOLD AND PLANNING DEPARTMENT. HOW MANY DIFFERENT PEOPLE LIVE, WORKED ON ANALYZE THIS? PROJECT. OVER THE YEARS OR JUST THE ONE THAT'S BEFORE US JUST SAY THIS YEAR THIS YEAR, ABOUT A DOZEN ABOUT IT DOES AND.

OBVIOUSLY YOU RUN THAT GROUP. THEY CONFER WITH YOU AND YOU COME BEFORE THE COUNCIL AND TELL US WHAT THEIR RECOMMENDATIONS ARE CORRECT. THAT'S CORRECT AND THEIR RECOMMENDATIONS IN THIS MATTER ARE. APPROVAL APPROVAL AS C TWO C TWO. YES SIR. AND THEN REACHING THAT DECISION, AND THEY ANALYZED THE LAND USES BOTH THE RESIDENTS AS WELL AS COMMERCIAL. LAND USES THAT GO INTO THAT NEIGHBORHOOD. YES, SIR. FINE. AND HAVE THEY USED ALL OF THE INFORMATION AVAILABLE TO THEM THROUGH THE CITY STAFF AND THE GOVERNMENT'S ACCESS TO INFORMATION. YES, SIR. AND DO YOU BELIEVE THAT THEY HAVE REACHED A REASONABLE AND RATIONAL CONCLUSION WHEN THEY MAKE THEIR RECOMMENDATION TO THE CITY COUNCIL TO GO WITH C TWO ZONING? AND WOULD IT BE REASONABLE AND RATIONAL FOR A CITY COUNCIL MEMBER TO RELY ON THE PROFESSIONALS THAT WE HIRED? ANALYZE THESE SITUATIONS WHEN WE HAVE SUCH A DISPUTE BETWEEN OUR CITIZENS? YES, SIR. HI. THAT RECOMMENDATION IS TO PROVE THIS IS C TWO, AND THAT'S WHAT WE'VE HIRED THIS STAFF TO RECOMMEND TO US THE RIGHT THING TO DO IN THIS SITUATION. THAT'S CORRECT. THANK YOU AND YOUR STAFF FOR THE PAINSTAKING HOURS THAT YOU HAVE PUT IN ON THIS PROJECT. THANK YOU. UM MARTIN. YES, MR MAN. AND I GUESS MARK IF THIS WERE TO BE IF THERE WAS A MOTION TO APPROVE THIS. I KNOW THERE'S A NUMBER OF THINGS THAT CAN'T DO AGAIN. IT'S NOT A PD. UM BUT THERE IS A ZONING THAT WE COULD PROHIBIT USES. WE COULD WE COULD APPROVE HIS OWNING AND REMOVE THOSE SOME OF THE USES OF THAT ZONING. THAT WE COULD DO. DEPUTIES VERY CLEAR AND WHAT THOSE ARE. IF I WERE IF THE MOTION WERE MADE THAT, UM PROHIBITED USES C TWO, UH EXCLUDING AUTO PARTS SALES. SERVICE STATION OR MOTOR VEHICLE FUEL SALES, GARAGE AUTO REPAIR. UM BAIT SHOP, BUS STATION, RESTAURANT OR CAFETERIA DRIVE IN DRIVE IN RESTAURANT. UP TO YOUR, UM HALFWAY HOUSE ARE THOSE FITTING THAT MANY USES I WOULD RECOMMEND THAT THE ADVIL CAN BRING A PD. I'M SURE THAT'S NOT WHAT THE APPLICANT IS. OTHER

[01:45:13]

KIND OF THE SAME THING WITH FAST FOOD ESTABLISHMENTS. I MEAN, WHETHER IT'S IN THERE OR NOT, IT'S NOT VIABLE. IT'S JUST IT'S NOT. THERE IS GOING TO READ, OKAY? YEAH AND THIS IS ACTUALLY IN YOUR PACKET IN THE LETTER OF INTENT AT THE BOTTOM OF THE FIRST PAGE ARE THE USES THAT THE APPLICANT HAS OFFERED UP AS REMOVED OUT OF THE C TWO CATEGORIES, SO THOSE ARE.

EXACTLY RIGHT. EXACTLY RIGHT. I DO HAVE CONCERNS THAT JUST SAYING AUTO RELATED USES AS YOU KIND OF IMPLIED. WHERE DOES THAT STOP AS IT DRIVE IN RESTAURANTS AND DRIVE THROUGH RESTAURANTS AS AUTO RELATED OR JUST AUTO REPAIR, SO. KNOWING THAT THE APPLICANT HAS INCLUDED A SPECIFIC LIST IN THEIR LETTER OF INTENT. THAT'S WHAT I WOULD ADVISE YOU LOOK AT IF YOU READ THAT LIST. I CAN'T UM AUTO PARTS SALES, INDOOR SERVICE STATION OR MOTOR VEHICLE FUEL SALES GARAGE.

THAT'S THAT'S A LIST THAT I PULLED FROM EXACTLY RIGHT. YES. I KNOW THERE IS SOMETHING I HAD MISSED. I DON'T KNOW IF THERE WAS OR NOT, BUT MY RECOMMENDATION AGAIN WOULD BE THE SPECIFIC INSTEAD OF THE THAT BRYANT. I DID READ THAT SPECIFIC LIST AND I GOT MY HAND SLAPPED AND SAID NO, HE AGREED TO IT BEFOREHAND. IT WASN'T WE AS READING, UM YEAH, I GOT IT FROM THE. THE L A. Y UM OKAY. SO. YEAH YOU KNOW, I KNOW AGAIN. SORRY TO DISAPPOINT, BUT FIRST COMMENT MADE THAT YOU KNOW, IGNORING THE RESIDENCE IS JUST SOMEBODY THAT'S NOT BEEN INVOLVED HASN'T BEEN IN A SINGLE MEETING HASN'T ATTENDED ANY OF THE. THE MEETINGS ARE RESPONDED AND READ THROUGH HUNDREDS OF EMAILS AND STUFF. AND SO IT MAY APPEAR THAT. COUNCIL IS NOT THE SAME, BUT THAT WOULD BE VERY UNEDUCATED. SAME AND WE'VE WORKED ON THIS QUITE DILIGENTLY AND THOROUGHLY. UM. WE ALSO HAVE TO MAKE WE MAKE DECISIONS, NOT JUST ON WHAT THE RESIDENTS, UM THAT LIVE IN THAT AREA. BUT, OF COURSE, CITY AS A WHOLE. WE HAVE TO LOOK AT THINGS LIKE THE COMMERCIAL, YOU KNOW. RESIDENTS FOR ME, I GET IT. I'M IN A COMMUNITY AND I LIKE STATUS QUO AND YOU MAY BELIEVE STATUS QUO IS ALWAYS GOING TO BE STATUS QUO OF IT'S IMPORTANT TO POINT OUT THAT THERE'S A C THREE ZONING ON THE PROPERTY THAT IT INFRINGES WELL INTO THE NEIGHBORHOOD BEYOND THE TWO LOTS THAT WE'RE TALKING ABOUT. LOT OF PEOPLE DON'T KNOW THAT, UM, PEOPLE I'VE TALKED TO DID NOT KNOW THAT THEY THOUGHT IT WAS. THAT IN ANYTHING CHANGED FROM THAT WOULD HAVE TO COME BACK AND BE REZONED. SO THERE'S A LOT OF. LOT OF DISCUSSIONS BEING HAD THAT.

PEOPLE ARE NOT AWARE OF ALL OF THE ALL OF THE CONDITIONS THAT EXIST. OUR JOB AS AN ELECTED OFFICIAL IS TO ACTUALLY RESEARCH THOSE THINGS AND IDENTIFY THOSE THINGS AND MAKE A DECISION.

KNOWING ALL THOSE CONDITIONS AND ANALYZING ALL THOSE CONDITIONS AND ANALYZING WHAT WHAT IS THE NO VOTE POTENTIALLY PUT ON THAT SPACE? WHAT IS A YES VOTE ON THAT SPACE. IT'S MORE THAN LISTENING TO UM, NOT WITH ANY. I DON'T MEAN THIS WITH ANY DISRESPECT, BUT IT'S MORE THAN LISTENING TO EIGHT RESIDENTS THAT COME IN TODAY OR NINE. WHATEVER IT WAS TO SPEAK IN PUBLIC COMMENTS, IT UNDERSTANDING ALL OF THE INFORMATION. AND MAKING A DECISION WE FEEL IS IN THE BEST INTEREST OF THE CITY AS A WHOLE, INCLUDING THOSE RESIDENTS, SO THAT'S WHERE I AM. AT THIS POINT. NO FURTHER COMMENTS. I'D LIKE TO MAKE A MOTION. LIKE TO MAKE MOTION THAT WE APPROVE THE C TWO ZONING SUBJECT TO EACH AND ALL OF THE RESTRICTIONS THAT STATED IN THE LETTER OF AUGUST 30. 2021 FROM THE APPLICANT DRESSED TO JENNIFER ARNOLD. I'LL

[01:50:08]

BUT WHAT I BELIEVE WILL BE SET IN CLOSED SESSION. IS THAT IN A C TWO ZONING, WE DO NOT HAVE THE ABILITY TWO. PUT THESE THINGS MAKE THESE THINGS PART OF THE ZONING. AM I AS MY CRYSTAL BALL CORRECT. UM. SO THERE IN LIES, YOU KNOW THAT. BUT WE DO HAVE THE ABILITY TO CALL OUT THOSE USES THAT ARE PROHIBITED. IT WOULD BE RELYING ON. GOOD BUSINESS SENSE AND GOOD FAITH ON SOME OF THE OTHER ITEMS. DO NOT HAVE THE ABILITY DO YOUR OCEAN. I DON'T KNOW IF L WANT VERY DO MY MUCH. YEAH. IS THAT. BUT SOME ARE CONSUMING THAT SO THAT MOTION STANDS. IT'S BEEN SECOND.

THERE IS A VOTE IN THE VOTE IS AFFIRMATIVE. UM, I DON'T RECOMMEND THAT THAT. THAT THE COUNCIL PURSUE THAT SO I WOULD WANT TO HAVE CLOSE SESSION OR SL CALL BACK INTO SESSION. MR MARY.

[EXECUTIVE SESSION]

[Consider/Discuss/Act on a Resolution Casting 199 Votes to the Board of Directors for the Collin Central Appraisal District]

[01:55:02]

RIGHT? ITEM 2110. 31 CONSIDER AND ACT ON APPOINTING A MEMBER TO THE NORTH

[Consider/Discuss/Act on Appointing a Member to the North Central Texas Workforce Development Board]

DISAPPOINTMENT IS FOR MEMBER TO THE WORK FORCE DEVELOPMENT BOAR, WHICH IS A PART OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. CURRENTLY RWANDA. MACHARIA IS THE MEMBER WHO'S APPOINTED BY THE CITY COUNCIL. HER TERM RECENTLY EXPIRED. THE COUNCIL HAS THE DISCRETION TO REAPPOINT HER OR NAME ANOTHER MEMBER WHO WILL SERVE FROM THIS POINT UNTIL SEPTEMBER. 30TH 2024. DOES ANYONE HAVE A SUGGESTION? OTHER THAN THE INCUMBENT? MAKE A MOTION TO REAPPOINT. A SECOND. CASTRO VOTES. LAST ITEM 21 103 TO CONSIDER AND ACT ON APPOINTING A

[Consider/Discuss/Act on Appointing a Member to the McKinney Economic Development Corporation (MEDC)]

AND I WOULD ALSO ASK THAT WE SET A DATE TO HAVE A CONVERSATION ABOUT A BETTER PROCESS THAT GET.

REPRESENTATION ON THE BOARDS FROM. ALL AREAS AND ALL BACKGROUNDS AND ULTIMATELY HAVE A BOARDS AND COMMISSIONS THAT'S REFLECTIVE OF OUR CITY. AND I WAS PART OF THE CONVERSATION WITH. COUNCILMAN BELLER IN THAT REGARD, AND I AGREED THAT I WOULD SECOND EMOTION TO PUT THAT ON A WORK SESSION AGENDA. SO THAT WE COULD DISCUSS A BETTER POLICY TO WE ALREADY WE DO REPRESENTATION. YEAH THAT'S BEEN VOICED BY EVERYBODY UP HERE. WE ALL AGREE. AND WE THAT IS A.

COUNTER STAFF IS CURRENTLY PUTTING TOGETHER SOME RECOMMENDED PROCESSES THAT WOUL.

[02:00:04]

PUT HIS NAME UP THERE, BUT BUT YOU HAD FOUR ALREADY SPEAK UP AND. LIKE I SAID, AMERICAN JULIE CAN DO MOTION. IF YOU WOULD LIKE. IS THERE ANY OTHER NAME? THAT'S DESIRES HAVE BEEN ANYONE SERVES TO PUT UP BECAUSE IF NOT. AND JUST I CAN TAKE A VOTE FOR THE FIRST MOTION WAS MADE. IF THAT FAILS, THEN BY DEFAULT WILL TAKE EMOTIONS. SECOND NAME. SO JULIE WILLIAMS. THERE WAS A MOTION AND A SECOND. I BELIEVE SECOND. OF EVERYONE CAST THEIR VOTE AND. REFERENCING IN THIS FASHION. MOTION PASSES. UM CITIZEN COMMENTS AND WE'VE ALREADY HANDLED AT THE BEGINNING

[COUNCIL AND MANAGER COMMENTS]

[02:05:05]

POP YOU KNOW, BLOOM, DARTS POPPING BALLOON WENT ENTERPRISE AND THEY JUST WERE HAVING A GREAT TIME AND THERE MUST HAVE BEEN. THERE MUST HAVE BEEN 100 PLUS YOUTH FROM THAT CHURCH ALL OUT THERE AND EVERY TIME EVERYTHING THEY DO EVERY EVERY EVENT THAT THEY PUT ON IS ALWAY.

FIRST CLASS AND SO IMPACTFUL AND THEY'RE ALWAYS SO ENGAGED IN THE CHURCH THERE AND IT WAS REALLY SPECIAL TO SEE SO. THAT'S ALL I WAS GOING TO SAY SO MOTION TO ADJOURN. ALL IN FAVOUR. HIGH

* This transcript was compiled from uncorrected Closed Captioning.