Jan 03, 2023 City Council Regular Meeting on 2023-01-19 6:00 PM

[00:00:01]

MEETING

[CALL TO ORDER]

TODAY IS JANUARY 3RD YEAR 2023 WHEN CITY COUNCIL OF CHAMBERS 2 22 OR TEN SIXTH STREET, THIS IS MAYOR CITY COUNCIL.

REGULAR MEETING WILL BEGIN WITH AN INDICATION GIVEN BY PASTOR MARLON WALLACE OF SEVENTH DAY ADVENTIST CHURCH OF MCK AND WILL BE FOLLOWED BY THE PLEDGE GIVEN BY LEVI BROCK, GOD ALMIGHTY, HEAVENLY FATHER.

WHAT A PRIVILEGE LORD THAT WE HAVE, SHALL WE START THIS YEAR.

EVOKE IN YOUR NAME AND SEEK IN YOUR PRESENCE.

LORD, IS MY PRIVILEGE AS YOUR SERVANT TO HUMBLY APPROACH YOUR THRONE OF GLORY AND POWER TO ASK YOU, FATHER, TO BE PRESENT HERE IN THIS MEETING.

LORD, WE ASK YOU THAT EVERY DECISION THAT WE BE MADE HERE WILL BE LED BY YOU AND YOU GIVE WISDOM AND COMPASSION IN THE WAY THAT THE LEADERS OF THIS CITY WILL BE LEADING THE AFFAIRS BUSINESS AND ALL THE IMPORTANT SUBJECTS THAT NEED TO BE DISCUSSED HERE TODAY.

HEAVEN, A FATHER, GIVE US COMPASSION IN A WAY THAT DECISIONS WILL BE MADE, NOT JUST FOLLOWING GRITTY DESIRE OF THE HEARTS OR PERSONAL AGENDAS, BUT FATHER, THAT EVERYTHING WILL BE DONE FOR THE WELFARE OF THE RESIDENTS OF THE CITY.

LORD, WE ARE JUST STARTING A NEW YEAR AND WE KNOW THAT EVIL THINGS HAPPENS.

WE ARE LIVING IN DIFFICULT TIMES.

BUT FATHER, IF I COULD ASK YOU SOMETHING FROM THE BOTTOM OF MY HEART, I'D LIKE TO ASK YOU, LORD, THAT YOUR BLESSINGS WILL BE UPON THE CITY OF MCKINNEY AND YOU COVER US WITH YOUR GRACES AND MERCIES.

AND FATHER, YOU WILL GIVE US THE COMPASSION SO WE WILL NOT ONLY THINKING ABOUT THE PROSPERITY AND ABOUT UH, UM, PROFIT, BUT ALSO LORD, WE ARE GONNA BE ALWAYS CONSIDERING THOSE WHO ARE IN NEED, THOSE WHO ARE MOST VULNERABLE.

AND LORD, UH, THIS CITY WILL ALWAYS BE A PLACE OF PEACE AND SECURITY.

I ASK YOUR FATHER THAT ONCE AGAIN, YOU WILL BLESS THIS MEETING IN ABUNDANT WAY, THAT YOUR MIGHTY ANGELS WILL BE HERE TODAY.

AND LORD, AS A MINISTER OF THE GOSPEL, I EVOKE THE WORDS OF THE PRIESTLY BLESSING THAT I FIND IN YOUR WORD THAT SAYS THE LORD BLESS YOU AND KEEP YOU.

THE LORD MAKE HIS FACE SHINE UPON YOU AND BE GRACIOUS TO YOU.

THE LORD LIFT UP HIS COUNTENANCE UPON YOU AND GIVE YOU PEACE.

WE ASK YOU LORD IN THE NAME OF JESUS CHRIST.

AMEN.

WOULD YOU LIKE TO I PLEDGE THE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD IN THE VISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU.

THANK YOU, LEVI.

WE WILL BEGIN THIS EVENING WITH THE PROCLAMATION, WHEREAS DR.

MARTIN LUTHER KING JR DEVOTED HIS LIFE TO ADVANCING EQUALITY, SOCIAL JUSTICE, AND OPPORTUNITIES FOR ALL PEOPLE AND CHALLENGED ALL AMERICANS TO PARTICIPATE IN THE ONGOING EFFORT TO BUILD A MORE PERFECT UNION OF THE UNITED STATES OF AMERICA.

AND WHEREAS DR.

KING'S HUMANITY AND TEACHINGS REMAIN AN INSPIRATION FOR AMERICANS AND MANY THROUGHOUT THE WORLD TO CONTINUE TO WORK OF ERADICATING RACISM, POVERTY, INEQUITIES, INJUSTICES AND EXCLUSIONS, WHEREAS DR.

KING'S BIRTHDAY IS JANUARY 15TH AND MARTIN LUTHER KING JR.

DAY IS AN ANNUAL FEDERAL HOLIDAY, OBSERVED THE THIRD MONDAY IN JANUARY, AND IS COMMEMORATED NATIONALLY AND GLOBALLY BY MILLIONS OF PEOPLE FROM ALL WALKS OF LIFE.

WHEREAS DR.

KING'S LEGACY IS HONORED WITH ACKNOWLEDGEMENTS AND EVENTS THAT ENCOURAGE ALL TO SEEK AND DEMONSTRATE THE VALUES OF LOVE, EQUALITY, AND JUSTICE.

THIS TIME IS AN OPPORTUNITY TO SERVICE GROUPS FOR SERVICE GROUPS, FAITH ORGANIZATIONS, BUSINESSES, ACADEMIC INSTITUTIONS, AND ALL LEADERS TO REFLECT THE RICHNESS AND STRENGTH OF OUR DIVERSE COMMUNITY THROUGH UNITY AND COLLABORATION.

NOW, THEREFORE, I GEORGE FULLER BY THE POWER OF VESTED INIA

[00:05:01]

DR.

MARTIN LUTHER KING JR.

HOLIDAY IN MCKINNEY, TEXAS, HONORING THE LEGACY OF A NATIONAL HERO, INSISTING UPON LIBERTY AND JUSTICE FOR ALL AND ENCOURAGING EVERY RESIDENT TO STRIVE FOR PEACE AND EQUALITY WITHIN OUR GREAT CITY AND BEYOND.

WITNESSED MY HAND AND SEAL THIS THIRD DAY OF JANUARY IN THE YEAR 2023.

NEXT IS PUBLIC COMMENTS ON THE AGENDA ITEMS. I DON'T SHOW ANYONE AS SIGNED UP.

SO WE WILL MOVE ON TO YOUR CONSENT

[CONSENT AGENDA]

MR. MAYOR.

I MOVE THAT WE APPROVE THE CONSENT AGENDA AS PRESENTED IN THE BY STAFF.

I'LL SECOND IT'S CAST YOUR VOTES.

ALL RIGHT, PLAT CONSIDERATION

[PLAT CONSIDERATION under Chapter 212 of the Texas Local Government Code]

CONSIDER, DISCUSS, ACT ON A CONVEYANCE PLAT FOR LOTS, ONE AND TWO, BLOCK A OF THE RIGHT OF WAY EDITION, LOCATED ON THE NORTHWEST, THE ROW EDITION NORTH, LOCATED ON THE NORTHWEST CORNER OF MCKINNEY RANCH PARKWAY AND SILVERADO TRAIL.

THANK YOU MR. MAYOR.

JENNIFER ARNOLD, DIRECTOR OF PLANNING.

YOU HAVE SEVERAL, UM, PLATS ON YOUR, UM, AGENDA TONIGHT.

UM, THOSE ARE ALL DUE TO THE FACT THAT WE DID NOT HAVE A PLANNING AND ZONING COMMISSION MEETING WITHIN THE 30 DAY TIMEFRAME REQUIRED BY STATE LAW.

UM, I'M HAPPY TO WALK THROUGH EACH PLAT WITH YOU INDIVIDUALLY IF YOU'D PREFER.

OTHERWISE THEY CAN BE CONSIDERED, UM, AS A GROUP.

I WILL NOTE THAT ALL PLATS ARE BEING RECOMMENDED FOR APPROVAL, UM, WITH THE CONDITIONS OUTLINED IN THE STAFF REPORT WITH THE EXCEPTION OF ONE, YOU DO HAVE A, UH, PRELIMINARY PLAT 20 TWOS DASH 0 2 4 5 FOR THE ROW EDITION.

UM, STAFF IS RECOMMENDING DISAPPROVAL OF THAT PLAT.

UM, IT DOES NOT MEET THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE, UH, NOR DOES IT MEET REQUIREMENTS WITH THE ENGINEERING DESIGN MANUAL.

WE HAVE WORKED WITH THE APPLICANT.

THEY'RE AWARE OF THAT RECOMMENDATION AND WE'LL BE WORKING WITH STAFF TO RECTIFY.

SO WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS OR YOU'RE, UM, ABLE TO MAKE A MOTION IF YOU'D LIKE.

SO IF THERE IS A DESIRE FOR MOTION FOR ALL OF THE PLA CONSIDERATIONS, IT WOULD BE ITEM 2 2 0 2 4 4 CVP 20 20,245 PP 20 2249 FP AND 20 21 80 CVP TWO.

MR. MAY I HAVE A QUESTION, UH, BEFORE WE MAKE THAT MOTION, IF THAT'S OKAY? ON THE FINAL ONE, UH, JENNIFER, THE ONE THAT ENDS IN EIGHT ZERO CVP MM-HMM.

, UM, MY RECOLLECTION THROUGH SOME CONVERSATIONS WAS THAT THERE WERE SOME DIFFICULTIES ON THAT ONE WITH RESPECT TO THE AIR COUNTRY AIRPORT TO THE SOUTH.

HAVE THOSE ALL BEEN SATISFIED NOW AS FAR AS THE CONVEYANCE PLA IS CONCERNED? YES.

OKAY.

UH, IT DOES POSE SOME CHALLENGES FOR DEVELOPMENT, BUT THE CONVEYANCE PLAT IS, UH, SIMPLY TO SUBDIVIDE THE PROPERTY FOR SALE AND TRANSFER OF OWNERSHIP.

SO WE HAVE NOT SEEN DEVELOPMENT PLANS JUST YET, ALTHOUGH WE DO KNOW THAT THEY'RE PROBABLY FOLKS WORKING ON THEM.

OKAY.

THANK YOU.

MM-HMM.

, UH, THE MR. MAYOR.

IN LIGHT OF THAT, I'LL MAKE THE MOTION THAT WE APPROVE THE THREE PLAS AND WE REJECT THE ONE PLAT 22 0 2 4 5 PP.

SECOND IS CAST YOUR VOTES.

MOVING ON TO REGULAR

[Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District to “PD” - Planned Development District and “CC” - Corridor Commercial Overlay District, Located on the Southwest Corner of Bloomdale Road and U.S. Highway 75 (Central Expressway), and Accompanying Ordinance]

CONDUCT A PUBLIC HEARING TO CONSIDER AN ACT ON REQUEST TO, ON THE SUBJECT PROPERTY FROM PD PLAN DEVELOPMENT DISTRICT AND CC CORRIDOR COMMERCIAL OVERLAY DISTRICT TO PD PLAN DEVELOPMENT DISTRICT AND CC CORRIDOR COMMERCIAL OVERLAY DISTRICT LOCATED ON THE SOUTHWEST CORNER OF DALE ROAD AND US HIGHWAY 75.

IS THIS THE ONE THAT HAS BEEN ASKED TO BE TABLED? YES IT IS.

YES, SIR.

IT IS.

YES.

THE APPLICANT IS REQUESTING A TABLE, UM, TO MARCH.

YOU'RE FREE TO TABLE INDEFINITELY OR TO THE DATE THAT THEY'VE REQUESTED AND THEIR REQUEST IS TO, UH, THEY'VE REQUESTED TO TABLE TO THE MARCH 7TH COUNCIL MEETING.

UH, STAFF IS SUPPORTIVE OF THAT.

UH, WE WOULD RECOMMEND CLOSING THE PUBLIC HEARING AND RE NOTICING SINCE THERE IS SUCH A LARGE GAP OF TIME BETWEEN TONIGHT'S MEETING.

I'LL MAKE A MOTION THAT WE, UH, TABLE THIS TO MARCH 7TH.

CLOSE THE CLOSE THE PUBLIC HEARING AND TABLE IS TO MARCH 7TH SECOND.

LET'S CAST YOUR VOTES RIGHT.

ITEM 2 2 0 1 3 5

[Conduct a Public Hearing to Consider/Discuss/Act on a Request to Rezone the Subject Property from “PD” - Planned Development District to “PD” - Planned Development District, Generally to Modify the Development Standards, Located at 1570 Heritage Drive, and Accompanying Ordinance]

CONDUCT A PUBLIC HEARING TO CONSIDER AN ACT ON REQUEST TO REZONE SUBJECT PROPERTY FROM PD PLAN DEVELOPMENT DISTRICT TO PD PLAN DEVELOPMENT DISTRICT GENERALLY TO MODIFY THE DEVELOPMENT STANDARDS LOCATED AT 1570

[00:10:01]

THANK YOU.

HONOR MY IPAD IS GLITCHING ON ME.

I APOLOGIZE.

THERE WE GO.

UM, AS YOU READ, THIS IS A REQUEST TO REZONE THE SUBJECT PROPERTY GENERALLY, UM, AT HERITAGE DRIVE JUST OFF OF RED BED.

UM, THE REQUEST IS TO, UH, MODIFY THE ZONING FROM PD PLAN DEVELOPMENT DISTRICT TO A NEW PD PLAN DEVELOPMENT DISTRICT, WHICH WOULD ALLOW FOR THE DEVELOPMENT OF MULTI-FAMILY RESIDENTIAL ON THE PROPERTY.

I DO WANNA NOTE THAT MULTI-FAMILY USES ARE ALREADY PERMITTED ON THE SITE, UH, WITH THE REZONING THAT WAS APPROVED, UM, A FEW YEARS AGO.

THIS REQUEST IS SIMPLY REQUESTING TO MODIFY, UM, A LANDSCAPE REQUIREMENT ON THE SOUTHERN PORTION OF THE PROPERTY.

UM, THROUGH SITE DEVELOPMENT, UH, THE, UH, DEVELOPER HAS IDENTIFIED SOME, UM, SLIVERS OF PROPERTY ALONG THAT SOUTHERN, UM, BOUNDARY WHERE OWNERSHIP IS, UM, UNKNOWN.

UH, THEY'VE WORKED WITH TITLE COMPANIES, UH, TO GET THAT RECTIFIED AND HAVE BEEN UNABLE TO DO SO.

UM, AS SUCH, THEY ARE REQUESTING TO MODIFY THOSE DEVELOPMENT STANDARDS TO SORT OF WORK AROUND THAT ISSUE, UM, AND DEVELOP THE SITE WITHIN THE CONFINES OF WHAT THEY OWN AND CAN ENSURE STAFF'S REVIEWED THE REQUEST.

WE DON'T HAVE ANY, UH, CONCERNS WITH THE REQUEST TO MODIFY THAT LANDSCAPE BUFFER ON THIS SOUTHERN SIDE.

UM, AND WE ARE RECOMMENDING APPROVAL.

I KNOW THAT THE APPLICANT IS HERE AS WELL AND CAN, UM, ANSWER ANY QUESTIONS AND PLANNING AND ZONING IS ALSO RECOMMENDING APPROVAL.

DOES ANYONE HAVE ANY QUESTIONS FOR THE APPLICANT MOTION THAT WE CLOSE? WELL, UM, YEAH, I'M SORRY.

IS THERE ANYONE HERE WOULD LIKE TO SPEAK TO THIS ITEM? THIS IS A PUBLIC HEARING ITEM SCENE.

NONE SHALL WE CLOSE PUB HEARING? GONNA APPROVE THIS ITEM.

I WILL SECOND THESE CAST YOUR VOTES.

THANK YOU, JENNIFER.

THANK YOU VERY MUCH.

THE NEXT ITEM IS 22 1 1 90.

[Consider/Discuss/Act on Appointing a Member to the McKinney Housing Authority]

I'M APPOINTING A MEMBER TO THE MCKINNEY HOUSING AUTHORITY, BUT I DO NOT BELIEVE THERE ARE ANY ELIGIBLE APPLICANTS CURRENTLY ON FILE.

IS THERE ANYBODY THAT HAS, I I ASKED THAT WE SPOKE WITH, UH, THE EXECUTIVE DIRECTOR FIRST AND SHE'S WORKING ON GETTING SOME INTERESTED APPLICANTS FOR US, BUT SHE WAS NOT GONNA HAVE THEM READY FOR TONIGHT.

SO WE NEED TO, TO TABLE THIS ISSUE.

OKAY.

MOVE.

MAKE A MOTION THAT WE TABLE THIS.

I'LL SECOND CAST YOUR VOTES.

CITIZEN COMMENTS, UH, MATTERS NOT ON THE AGENDA.

I DON'T SHOW THAT ANYONE HAS SIGNED UP.

SO IT'S SIX 12.

IS THERE ANY COUNCIL MANAGER

[COUNCIL AND MANAGER COMMENTS]

I I BELIEVE IN MAYOR WATCHED OUR LAST MEETING WHEN HE WASN'T PRESENT AND RAINEY RAN THE QUICKEST MEETING IN THE HISTORY OF MCKINNEY AND YOU'RE OUT TO SET THE RECORD.

SO HERE'S MY FILIBUSTER, .

SURELY THERE'S SOME COLLEGE GAMES.

TALK ABOUT, RIGHT? I DO WANNA MENTION MCKINNEY NORTH GIRLS BASKETBALL TEAMS OFF TO A GREAT START.

THEY'VE GOT A 17 AND SIX RECORD.

MOST OF THOSE SIX LOSSES CAME FROM SIX A SCHOOLS.

THEY'RE STILL A FIVE A SCHOOL.

THEY'RE THREE AND OH IN DISTRICT.

AND AS ALWAYS, PLAYING SOME GREAT BASKETBALL OUT THERE.

GET OUT AND SUPPORT 'EM AND BE PROUD OF YOUR GIRLS UP AT MCKINNEY NORTH.

THANK YOU MR. CHAIR.

I'VE SEEN NO OTHER COMMENTS.

? NOPE.

JUST HAPPY NEW YEAR EVERYONE.

ALL RIGHT, BABE.

UH, IN ACCORDANCE WITH, I'M SORRY.

HOLD PUT THE MANAGER.

I MEAN, WE'VE GOT, WE DO HAVE SOME IMPORTANT ANNOUNCEMENTS TO MAKE.

OKAY.

THAT'S RIGHT.

BUT THIS, THIS HAS TO DO WITH CHRISTMAS TREE RECYCLING AND WASTE CONNECTIONS.

DON'T FORGET, THE CITY OF MCKINNEY CAN COMPOST YOUR CHRISTMAS TREE AND WAYS CONNECTIONS WILL PICK UP YOU AT YOUR HOME.

PLACE THE TREE NEXT TO YOUR TRASH CONTAINER ON YOUR REGULARLY SCHEDULED TRASH DAY.

GUIDELINES ARE AVAILABLE ON OUR WEBSITE@MCKINNEYTEXAS.ORG SLASH RECYCLE.

AND I'LL HOLD THE OTHER COMMENTS FOR ANOTHER DAY.

ALL RIGHT.

AND IN ACCORDANCE WITH TEXAS

[EXECUTIVE SESSION]

DISCUSSION SAID ITEMS SECTION FIVE 5,172 DELIBERATIONS ABOUT REAL PROPERTY MUNICIPAL FACILITY, SECTION 55 174 PERSONNEL MATTERS, CITY MANAGER CONSULTATION UNDER SECTION 34 MCKINNEY HOME RULE CHARTER SECTION 5 5 108 7 DELIBERATION REGARDING ECONOMIC DEVELOPMENT MATTERS, PROJECT 29 TS BREWERY AND ENTERTAINMENT DESTINATION AND PROJECT TERRAGON.

AND THERE WILL BE NO ACTION.

ONE MORE THING PLEASE.

REGARDING THE CHRISTMAS TREE RECYCLING, I HAVE FAILED.

I FAILED TO MENTION AL RA SHOP SOCCER FIELDS IN GABE NESBITT PARK, OUR DROPOFF POINTS.

SO IF YOU DON'T WANNA RECYCLE ON YOUR HOUSE, YOU COULD DROP 'EM OFF AT THOSE TWO LOCATIONS.

LOOK FOR THE SIGNS THERE,

[00:15:02]

GOOD JOB AT A MOTION.

WE'RE COMING BACK AFTER EXECUTIVE SESSION.

MOTION TO ADJOURN.

SO MOVED.

SECOND.

ALL IN FAVOR? AYE.

AYE.

ALL RIGHT.

THANK YOU.

AYE.

DONE.