[4:29] >>Call the meeting to order on Tuesday, [4:31] July 21, 2020 in Council Chambers at [4:33] 222 N. Tennessee Street. It is 6:12 PM. [4:41] We will begin with an invocation and [4:45] Pledge of Allegiance. Invocation given [4:46] by Pastor Mark Turman of Crosspoint [4:50] church. Are you there? [4:51] >> I am [4:52] >> Lord, we thank you for this good day as [5:00] We transition from [Indiscernible] and set [5:01] our hearts and minds on this meeting. We [5:02] welcome you into this time and we ask [5:03] that you watch over us and Lord, you [5:13] bring us increased compassion for each [5:17] other in our city, that you give us [5:18] clarity for the business and issues we [5:19] need to discuss and deliberate tonight. [5:25] And we give you praise for the goodness [5:26] and generosity you showed to us [5:32] individually and collectively. [5:33] [Indiscernible] for the Mayor and [5:34] Council persons and thank you for our [5:35] city manager and city staff. We thank [5:37] you that we get to call this place home [5:41] as citizens. Lord give us direction [5:47] understanding, give us clarity and help [5:49] us as we deliberate to do so with pull [5:51] civility toward one another, with [5:53] consideration and patience, give us [5:55] insight that can only come from you. [6:00] Lord, help us to seek the good of the [6:01] city in which we live for all of us. In [6:04] Jesus name we pray, Amen. [6:44] >>[Pledge of Allegiance] [6:45] >> We have public comments on agenda [6:53] items. The first one is Mimi Noris, does [6:55] not wish to speak but once to have her [7:03] opposition to 20040z2 noted [7:07] >> We have a few people that would like [7:15] to speak. Three minutes. On item [7:20] 200616, Rwanda [Indiscernible] [7:30] >> Hello Councilman I wanted to say the [7:31] other day I had a wonderful time [7:38] watching La'shadion and the Mayor [7:39] Fuller and Paul Grimes come out to the [7:40] cemetery and help clean up a cemetery [7:42] where black people could only be buried. [7:49] As we look through our history, we [7:50] look through whether it is in McKinney [7:51] or other states we realize there is [7:54] history that is taking place that has [7:56] been belittling to human beings of [7:59] color. This statue is one of those. The [8:02] statues across the states are those. [8:06] Five months from now it will still be [8:09] offensive it is offensive today it's [8:13] going to be offensive when you create a [8:14] task force for it it's going to be [8:22] offensive when they debate whether it [8:23] should be removed or not and I ask you [8:24] to have that level of civility and [8:25] understanding and working together to [8:26] know if it is offensive to people in [8:27] your community then it should not be [8:30] put in the grounds of a court building. [8:35] It does not belong there. The court [8:36] building symbolizes justice for all. We [8:40] just pledged allegiance to the flag, [8:45] justice for all. When we have slave [8:48] traders and history of abusing human [8:49] beings and that is put in front of a [8:51] court building it does not signify [8:54] justice for all. I come to you and I [8:55] ask you to think about that. It can be [9:01] somewhere else but it should never be [9:02] in a court building that has to [9:05] administer or has a history of [9:07] administering justice when it is [9:08] supposed to be justice for all. Thank [9:11] you [9:12] >> [Applause] [9:13] >> [Indiscernible] Johnson [9:14] >> Hello everyone. Throckmorton was in [9:26] opposer of the 14th amendment which [9:31] gave citizenship to everyone born in [9:34] the United States including former [9:39] slaves and their families. It was one [9:43] of three amendments passed during the [9:44] Reconstruction era to establish rights [9:47] for black Americans. The 14th amendment [9:51] was key in landmark Supreme Court [9:52] decision such as brown versus education [9:54] which ruled segregating schools was [9:58] unjust. According to Texas after the [10:00] Civil War, the struggle of [10:07] reconstruction by Carl Monahan a [10:08] professor of history at the University [10:09] of Arkansas in his inaugural address [10:18] Throckmorton on one hand urged Texas [10:19] legislators not to take action that [10:20] would cause the north to doubt their [10:23] loyalty. But on the other encourage [10:24] them not to ratify the 14th amendment. [10:27] Legislators did as he urged. Calling [10:31] the amendment nothing more than an [10:34] effort to raise black above white. They [10:41] voted 70-5 rejected the 14th [10:45] amendment. To raise Blacks above whites [10:48] is not the sentiment behind the 14th [10:51] amendment or the current movement. [10:56] Think about it. Do you really think the [11:01] African-American community is trying to [11:02] set itself above any other group of [11:03] people? Do you really think that? Does [11:10] anyone really think that? Who thinks [11:12] this way? What intelligent person sits [11:13] down and tosses back and forth the [11:16] notion that we are better than they? [11:23] Who does that? I hate to say it but it [11:24] seems that those who do support the [11:27] Confederate movement do just that. The [11:32] point is for equality in humanity, [11:37] people are people, human beings are [11:41] human beings, whether Asian, Black, [11:47] Hispanic, white or whatever. We are not [11:48] asking that the statue be destroyed. We [11:54] are requesting the statue be moved to a [11:56] more appropriate place. Perhaps a [12:00] museum or the Pecan Grove cemetery, the [12:07] gravesite of James Throckmorton. Not [12:08] just the middle of the public square [12:10] which should be a reflection of all. [12:15] >> [Applause] [12:21] >> Eric Scholz. [12:22] >> Good evening. Eric Scholz 1505 [12:43] timberline Drive in McKinney. I spoke a [12:46] couple weeks ago and I think it's [12:49] necessary to speak again. A little [12:51] background. From where I'm coming from. [12:56] I am a 15 year Army veteran combat [13:01] disabled. A unit in Grand Prairie born [13:04] and raised in Hillsboro Texas. I am [13:11] certified through Fort Leavenworth [13:15] civil for military history to teach [13:16] military history at the University [13:17] level and I did that and I want [13:24] McKinney to be on the right side of [13:25] history with this and right now we are [13:32] not. For the concerns that we are [13:38] taking away from history, as a military [13:39] history instructor for the United [13:40] States Army and the University of South [13:41] Florida, there is no conflict more [13:44] documented especially on the [13:45] Confederacy side than the US Civil War. [13:50] There are tens of thousands of books [13:56] hundreds of movies, museums, we are not [13:57] losing history by moving the statue. [14:02] I've also charted every Confederate [14:05] monument in the Dallas-Fort Worth [14:06] metropolitan area and surrounding [14:10] areas. This is the last one standing in [14:16] the metropolitan area. You are not [14:18] going to be first but right now you are [14:23] last at DFW and we need BB on the right [14:24] side of history with this. The reason [14:30] they took them down obviously they been [14:31] debating the statues for years and [14:34] decades but it's also a public safety [14:37] issue. If we don't take this down [14:40] immediately, then there is a great risk [14:41] that it could be taken down without [14:47] official support and that could be that [14:52] could hurt the people taking it down or [14:53] people responding to that trying to [14:55] defend the statue and we don't want to [14:56] see anyone hurt in the city. I ask that [14:59] the city Council moved today to bring [15:04] down the statue. No commission, no [15:09] study, bring it down today move it [15:11] somewhere and then have a commission [15:12] what you want to do after that but if [15:13] you don't take it down immediately you [15:17] are risking harm to the people in [15:22] McKinney. [15:23] >> Debbie [Indiscernible] [15:24] >> After all those people I can't tell [15:38] you how frivolous I want to talk about [15:41] will sound to you but it's not [15:42] frivolous to the unincorporated [15:45] citizens. I'd like to thank you for [15:46] your service and everything you've done. [15:52] I don't know anybody who would want to [15:53] be Mayor or Councilman or leader it's a [15:54] hard time and you are you're doing your [15:56] best. I am a single mom of four young [15:59] adults the youngest one in the last [16:02] year at UT. All four went to McKinney [16:04] schools and at one time I had a child in [16:08] all schools at the same time I talked [16:12] for McKinney ISD. My mom moved here [16:20] from Stonebridge was on a piece of [16:21] paper and she took me to her meeting [16:22] and I said if you think they will put a [16:23] beach in the middle of the field you [16:24] have lost your mind but they did. My [16:26] grandson will be [Indiscernible] and we [16:27] will have five generations of my family [16:28] that have moved to McKinney. I could [16:31] not send for kids to college on a [16:43] school teacher salary. [Indiscernible] [16:47] I opened a wedding venue and I know you [16:48] had people here are a couple of months [16:49] ago and I was not here because my I had [16:54] my first granddaughter. The clearest [16:55] picture I can give you what's happening [16:56] in the wedding industry is you have a [17:01] [Indiscernible] and you come back to [17:04] the wedding industry and say give me [17:05] another car and now we have people [17:06] coming back and saying give me another [17:09] car. I have an angry mom coming [17:11] tomorrow that thinks I should lose [17:12] $15,000 changing her day twice. I lost [17:20] over $160,000. I do this on my own and [17:21] don't have financing our banks. You can [17:24] imagine how excited I was when I heard [17:27] about the [Indiscernible] obviously my [17:31] financial issues. Are none of your [17:33] problems and you don't have anything to [17:34] do about it but when I found out after [17:43] paying McKinney taxes by generation of [17:44] taxes all my kids grew up in McKinney I [17:45] had two houses and my third one is two [17:48] miles outside the city and being two [17:49] miles outside of the city I was not [17:50] allowed to apply for any of the money. [17:54] We have 600 guests per week and. I'm [17:57] the only venue in the City of McKinney [18:02] in the McKinney area that is in the not [18:06] Hall of Fame. You may not have heard of [18:07] me, that's fine I had not heard of you [18:08] until I looked you up. Scott Elliott [18:12] you do not have a synopsis on the [18:16] commission page. Because you have been [18:18] here a long time I think you understand [18:19] I'm a citizen of McKinney. So I'm [18:24] asking you to ask the county if they [18:25] can open it up to the unincorporated [18:29] area and I'd like to say on that form [18:30] it asks if you are renting a business [18:35] or leasing, it should knockout people [18:39] that own their own business it also [18:40] asks for the inventory some of us have [18:41] inventory that can't be a dollar amount [18:42] it's a day or another. Thank you for [18:45] listening to me, I brought the horse is [18:49] a dead horse and I may be beating a [18:50] dead horse but thank you [18:51] >> Are there any other speakers? [18:52] >> We also have an agenda item [19:22] [Indiscernible] Rodney Clark has [19:27] submitted a notice of support for [19:34] agenda item 200026. [19:36] >> Let that be part of the record [19:37] >> I do not have any other comments for [19:38] items, we will move on to the consent [19:45] agenda, items consisting of [19:49] non-controversial, the public comments [19:55] [Indiscernible] [19:56] >> Consent agenda consists of [20:03] non-controversial housekeeping required [20:04] by law and may be considered [20:05] individually by any Council member [20:06] making such request prior to a motion [20:07] to vote on the consent items [20:08] >> Is there any item on the consent a [20:09] Council member would like to pull down? [20:16] If not, I will accept a motion to [20:18] approve [20:19] >> Move to approve, second [20:20] >> All in favor? Motion passes [20:37] >> Plaque consideration. Items under [20:45] this subcategory require separate [20:46] consideration pursuant to Texas local [20:47] government code the staff [20:48] recommendation described the necessary [20:49] form of action required on each plat a [20:50] motion to approve in accordance with [20:51] staff recommendation will result in [20:56] approval. [20:57] >> There's one item, 200083pf act on a [21:04] preliminary final plat for the JVC real [21:08] estate addition located in the ETJ of [21:10] McKinney 1600 feet north of County Road [21:11] 408 and E side of farm to market roads [21:20] >> Staff is recommending approval with [21:21] conditions and variances to the plat. [21:22] I'm happy to answer any questions [21:23] >> Are there questions for Jennifer? [21:25] >> Thank you Jennifer [21:26] >> Move to approve the items [21:32] >> Second [21:35] >> Please vote [21:36] >> Motion passes [22:03] >> 20004z2. A public hearing to act on [22:07] a request to rezone subject property [22:11] from Planned Development District to [22:15] Planned Development District generally [22:16] to modify the use and development [22:17] standards to allow for an indoor and [22:19] outdoor wedding event venue or banquet [22:23] facility [22:24] >> At the time of publishing the agenda [22:27] the applicant requested the table but [22:30] yesterday they request for it to be [22:34] withdrawn for consideration [22:38] >> As it was still on the agenda if [22:39] there are people that would like to [22:40] speak please understand it has been [22:42] withdrawn, which means it has been [22:44] pulled and will not be under [22:47] consideration. I will call these names. [22:53] If anyone did come to speak, make [22:57] yourself [Indiscernible] I don't see any [23:02] . Do we need to do anything for the [23:03] item to be withdrawn? [23:07] >> Nope [23:08] >> We'll move on to the next item [23:09] >> We don't need to open the public [23:30] hearing [23:31] >> If anyone did come I want to give [23:32] them the opportunity to speak but I [23:39] don't see anyone. 200040z2 request the [23:48] subject property from single-family [23:49] residence to duplex residential [23:50] district located beside rock Wall [23:51] Street and 615 feet north of Gerrish [23:52] Street [23:53] >> I would like to note for the record [23:59] that following publishing of the agenda [24:00] staff validated additional signature on [24:01] a protest petition that has been passed [24:04] out to Council. With the protest [24:05] petition qualifying signatures [24:06] representing 20 percent or more of the [24:08] area within the protest area is needed [24:17] to require ace majority vote of the [24:18] Council with the additional signatures [24:19] received it does meet the threshold at [24:22] 66 percent. I will get into the item [24:27] more but I wanted to confirm based on [24:31] the Planning and Zoning Commission [24:32] action as well as the protest petition [24:33] a super majority vote is a required. [24:34] >> This request is to rezone .7 acres [24:54] from single-family residence to duplex [24:59] residential district. The applicant has [25:00] worked with city staff and we have [25:02] reviewed the request in relationship to [25:06] the area around it and a comprehensive [25:14] [Indiscernible] higher density [25:15] developments. In the area just south of [25:16] the subject property there is a [25:17] drainage culvert and on the north side [25:21] there is a church. As you see on the [25:22] map, there are a few residences in the [25:25] neighborhood that sees duplex [25:29] structures. With all of those things [25:34] considered staff recommends approval. [25:35] During the Planning and Zoning [25:36] Commission meeting we heard from [25:38] residents citing concerns regarding [25:40] duplexes in this location. After [25:42] discussion the commission voted 7-2 [25:51] To recommend denial. Staff recommended [25:56] Approval. P&Z recommends denial and you [25:57] will hear from folks with their [25:58] concerns on the proposed rezoning. [26:04] >> Are there questions for Jennifer? [26:06] >> The duplex zoning that is out there, [26:12] is that all zoning? [26:13] >> Yes [26:18] >> So the majority, the duplex zoning [26:19] [Indiscernible] [26:21] >> There is not. [26:22] >> Most of the surrounding is RS 60 [26:28] >> Predominantly to the south and as we [26:30] progress north some of the fabric of [26:33] the single-family has dissolved a bit [26:35] with the drainage culvert in the [26:39] church. Those are some of the factors [26:40] we looked at [26:43] >> Any other questions for staff? [26:47] >> I believe the applicant is here [26:52] >> Would the applicant like to come up [26:54] and address Council? [26:55] >> The applicant for this item? [26:56] >> I stand corrected, he must not be [27:14] here [27:15] >> A gentleman just came in the door [27:16] >> That is not him [27:18] >> This is a public hearing. We have [27:21] people that would wish to speak. [27:25] >> I will call the name and tell you so [27:31] you can be prepared. Jeanette Palmer. [27:37] After this, Kimberly Palmer [27:38] >> Registers opposition to the item [27:39] >> Kimberly Palmer? Registered as [28:01] opposition to the item [28:09] >> Jonas Palmer Christopher Palmer [28:10] >> Good afternoon. My name is Kimberly [28:25] Palmer and I live at 904 [28:29] [Indiscernible] I am here to represent [28:34] the community and the citizens [28:38] surrounding the subject property. This [28:43] community was developed as a single [28:44] family dwelling community in the 1840s [28:45] the subject property is in the heart of [28:46] the community. If duplexes are placed [28:48] there it will disturb the atmosphere. [28:52] There are 19 homes within the 200 feet [28:58] of the subject property. 10 of the [29:00] residents are elderly. That would [29:04] negatively impact their lives. There [29:08] are several of them I completed the [29:11] zoning protests for the community and [29:12] there are 26 names on this and my [29:19] husband and I walked the community for [29:20] those adjacent homes surrounding the [29:23] subject property. 10 of the 19 homes or [29:26] elderly members who are over the age of [29:30] 70+. They will be negatively impacted [29:33] because of the added traffic, not [29:39] knowing who is coming to and from those [29:44] locations at the duplexes. We all know [29:45] and I've seen it for myself because [29:46] I've been around areas in duplexes [29:50] before when you have duplexes, people [29:53] are there temporarily, not focused on [29:54] the community aspect of the community. [30:02] They are not trying to get to know [30:03] people in the community, they are there [30:04] to rest their head temporarily until [30:05] they find something permanent. This [30:08] would be a detriment to our [30:09] single-family dwelling community for [30:13] that reason. I respect you very much if [30:16] you would consider not rezoning that [30:22] development [30:24] >> Jonas Palmer and then Christopher [30:30] Palmer [30:43] >> How are you doing today? My name is [30:49] Jonas Palmer I'm 21 years old and that [30:50] was my mother that just spoke. She was [30:54] talking about statistics and I'm here [30:55] to talking about the community. The [31:00] community keeps we are a single-family [31:04] dwelling community about how our [31:05] community has potentially dissolved [31:06] going onto the back streets. I want to [31:07] say that is not the case.. After being [31:13] there for 21 years we are a close-knit [31:14] community that cares about each other [31:17] when new people move and we incorporate [31:19] them into our things that have been [31:21] into the community. With these duplexes [31:23] being put in that may not be the case. [31:36] I listen to what my parents are saying [31:37] and talking about with the petition and [31:38] the reactions they got from people and [31:39] the general consensus is they do not [31:40] want duplexes because I don't feel safe [31:41] for their kids or the elderly don't [31:42] feel safe in their homes and they don't [31:46] feel safe taking walks and getting [31:47] exercise because of the potential they [31:49] duplex. Just the placing of it is [31:53] inconvenient, there is no parking for [31:58] the church. It's going to ruin the [32:02] overall community feel. Not because [32:03] they are temporary movers or they just [32:05] come in to rent but because the [32:06] community has been built and set and [32:08] it's one it's been a minority community [32:17] and incorporating people who don't know [32:18] about it who may or may not care about [32:23] it and may bring in things that are a [32:29] detriment to the community I don't feel [32:30] and the community does not feel that's [32:31] okay and I wanted to speak on that [32:32] thank you for your time [32:33] >> [Applause] [32:37] >> Christopher Palmer and then Maia [32:42] Burns [32:43] >> Christopher? [33:03] >> He does not wish to speak but he is [33:08] in opposition [33:10] >> Maia Burns and then Jasmine Burns [33:11] >> We can register in opposition [33:25] >> Maia Burns is in opposition. Jasmine [33:31] Burns in opposition. [33:32] >> After Jasmine will be Gerard [33:49] [Indiscernible] [33:50] >> I have come here today to speak on [33:51] behalf of of the people who can't speak [33:55] for themselves. That is the elderly [33:56] members of the community who live on [34:00] Rockwall Street. Every Sunday I make my [34:04] rounds and speak to the ones who are [34:05] sick or shut in or can't get around. As [34:09] I speak to them I get to hear a lot of [34:10] concerns and how they feel about the [34:13] neighborhood. Quite a few of them feel [34:16] threatened by the presence of duplexes. [34:21] I feel like this is not misplaced [34:22] because duplexes do pose a present [34:25] danger. Perhaps not in the tenants [34:27] themselves but what the duplexes can [34:31] bring. The higher traffic that comes [34:32] from the increased population density [34:35] will make efforts to come in and out of [34:38] the community more difficult. This [34:39] isn't just a minor inconvenience for [34:43] those of us able-bodied but this can be [34:45] an open danger to the elderly members [34:46] because they may not get the help they [34:49] need. My grandfather who lives on [34:50] Rockwall Street close to the church is [34:53] elderly and disabled and cannot get [34:57] around. I am worried a lot of the time [35:02] that he may not be able to get the help [35:03] he needs because there is something [35:07] obstructing first responders [35:08] obstructing us from getting to him. [35:12] Another elderly member who lives on [35:14] that street very sweet woman who is 94 [35:16] years old can get around really well, [35:22] very sweet lady, but I'm also worried [35:25] about her safety because she is so much [35:28] older I know it's going to be difficult [35:29] for people to get to her and to think [35:34] that could be stopped by something as [35:38] simple as withholding the zoning from [35:42] being rezoned, it seems like a [35:46] no-brainer fix to me. Over all, that's [35:47] what I'm worried about as a citizen. [35:50] Thank you [35:52] >> [Applause] [35:58] >> I apologize but it looks like Gerard [36:05] [Indiscernible] [36:06] >> Afterwards is Angela Henderson [36:13] >> Good evening. I've lived here for [36:19] two years. My wife and I decided to [36:22] live on the side of McKinney for the [36:23] sense of community we felt while [36:25] researching the area. There's a high a [36:31] lot of minorities in the area and deep [36:32] roots in my neighborhood especially on [36:35] my corner. The three sets of neighbors [36:36] have been there for more than 50 years [36:38] and bringing in a set of duplexes will [36:43] separate, it won't feel like the [36:44] community that is there now. I'm in [36:49] opposition of the duplex because I feel [36:50] there is not a lot of care for the area [36:55] and I think the duplex will make [37:01] district 1 more of a temporary home [37:02] instead of the community that's been [37:04] there for 50 years. [37:07] >> Thank you [37:08] >> Angela Henderson and then [37:11] [Indiscernible] Palmer [37:17] >> Angela is in opposition to the [37:24] rezoning [37:25] >> [Indiscernible] Palmer [37:30] >> Good evening. I simply want to say I [37:32] grew up in that neighborhood, have gone [37:35] to the church in that neighborhood for [37:41] 50 years. That has been a single-family [37:49] home residence. My feeling is bringing [37:54] in duplexes is going to allow for [37:55] something else, apartments and it will [37:56] take away the home feeling in the [37:59] neighborhood. As everyone has said, [38:00] there are a lot of elderly people that [38:02] I've known all my life. There are other [38:10] neighborhoods in the city that want to [38:13] keep that hometown feeling as McKinney [38:15] says, you have that hometown feeling. [38:18] In that neighborhood we want to keep [38:23] that. [38:24] >> Sheila Simmons [38:29] >> She is in opposition [38:30] >> Marco Nobles is... [38:31] >> Is there anyone else that would like [38:59] to speak? [39:07] >> Seeing none. Move to close the [39:08] public hearing [39:09] >> Second [39:13] >> All in favor? [39:14] >> Please vote [39:31] >> The public hearing is closed. [39:38] Discussion? [39:39] >> Kudos to the folks in the [39:47] neighborhood. I don't think I've ever [39:48] seen as organized a group of folks and [39:52] never seen over 60 percent opposition. [39:57] They have a neighborhood that's been [40:00] that way for decades. A long time. [40:07] [Indiscernible] in opposition to this [40:13] >> I guess that goes the super [40:16] majority. As a representative of that [40:19] district, I want to say hats off to the [40:24] community. I remember coming to my [40:27] first city Council meeting and one of [40:28] the most important things I wanted to [40:30] do was make sure my community was [40:33] engaged and understood the importance [40:36] of local government and city Council [40:37] meetings and if you look around and [40:40] look out, I could not be more proud. To [40:47] see this petition Council member [40:48] Elliott and myself they do not have the [40:49] super majority and there it goes so [40:53] thank you [40:54] >> Maybe that's why he did not show up [40:57] >> Count me as three against it. I love [41:02] the passion. I like to see that in the [41:06] community. Thank you all for coming out [41:07] and speaking on the item. To me, it [41:11] does not look like it fits in your [41:12] neighborhood so I'm against it [41:20] >> Same thing. It's wonderful to see [41:22] everybody come out. By the way, such a [41:30] very thoughtful and respectful [41:35] presentation of opposition. Which is [41:46] always refreshing and accomplishes much [41:47] more than disrespectful so thank you to [41:48] all of you it was fantastic the way you [41:49] came in and gave the facts and spoke [41:50] passionately but respectfully and thank [41:51] you. I know where I am on this. [41:53] >> Kimberly I know you are out there. [41:56] That's how you do a presentation. And [41:58] this is how you put it together. We get [42:03] to see these not as organized we've [42:07] talked about before where we are [42:08] watching a lot of things being built in [42:11] our city placing them in spots they [42:12] should not be placed and this is one of [42:16] them. I've watch with these have done [42:21] to communities and it destroys them so [42:22] thank you for taking the time effort [42:23] and passion to the Council because we [42:24] will kill it [42:25] >> I'd like to point out [42:34] [Indiscernible] second go around [42:35] because most all of them were here at [42:36] the Planning and Zoning [Indiscernible] [42:39] so thank you for your resilience and [42:40] coming back [42:44] >> I find it fascinating. I will not [42:49] support this but we had something in my [42:51] district that a lot of people came out. [42:58] But this Council went ahead and shoved [42:59] it down our throats and passed it. It's [43:06] really interesting, I appreciate these [43:10] people coming out and doing that but [43:11] this Council plays both sides. The [43:15] reasons they gave for not having and [43:20] it's not even multifamily just a couple [43:24] of duplexes are the same reasons people [43:26] don't like multifamily in their areas [43:32] or backyards. So many times, this [43:34] Council ignores the pleas of those [43:36] people so I find it fascinating we are [43:39] all going to vote no on this one [43:42] because of these good people. I want [43:46] you to remember that the next time [43:51] people come against other. Projects in [43:52] their neighborhoods they might not be [43:56] as organized but they still are sincere [43:57] about wanting to keep their [43:58] neighborhood what it's like when they [44:04] bought it. That's my comment [44:05] >> The staff found it just as [44:10] fascinating when you voted down the car [44:11] lots and then doubled back and [44:13] [Indiscernible] so the same dynamic [44:14] played when you go from one way to from [44:19] one thing and turn around and vote [44:20] another way for another thing so you [44:21] can't have it both ways [44:24] >> [Indiscernible] [44:25] >> Same dynamic [44:29] >> [Indiscernible] was a great one to [44:30] vote down and whether you didn't [44:32] [Indiscernible] [44:37] >> Same dynamic. We do everything the [44:40] councilman wants us to do and now we [44:43] are doing it [Indiscernible] it's the [44:46] same dynamic it's what you do every day [44:48] >> I have a motion. I move to deny this [44:56] >> Second [45:00] >> Please cast your votes [45:01] >> Motion passes [45:02] >> 200048z2, act on a request to rezone [45:26] subject property from plan center [45:28] district to residential estates district [45:32] 600 feet west of US Highway 75 and 200 [45:36] feet north of White Avenue [45:37] >> This is a request to rezone the [45:43] subject property from plan center to [45:47] Red-1 residential estate [45:52] District, it's a 3.8 acre tract staff [45:53] has reviewed the request with the [45:56] applicant while the property is [45:57] currently zoned for commercial uses its [46:03] location on the west side of a [46:06] significant floodplain and has little [46:07] to no access for commercial development. [46:13] There is an existing home on the site [46:14] and the rezoning will allow the [46:15] property owner to rebuild and expand [46:19] their existing home. We have reviewed [46:20] the request and are in support of the [46:24] request. The Planning and Zoning [46:27] Commission heard the item and [46:28] recommends approval and I'm happy to [46:29] answer any questions [46:30] >> Any questions for Jennifer? [46:37] >> My understanding is the applicant is [46:41] here [46:42] >> Good evening. Cross engineering here [46:50] representing the owner. Due to the [46:54] limited access commercial use would be [46:56] hard on the property so we request to [46:57] keep it as a single-family use. He'd [47:01] like to construct his home on the [47:02] property and I'm here to answer any [47:04] questions [47:05] >> There has been a home there for a [47:06] long time [47:08] >> Are there any questions? [47:13] >> This is a public hearing, would [47:15] anyone like to speak? [47:16] >> Would anyone like to speak? [47:17] >> Move to close the public hearing and [47:32] approve the item as presented [47:33] >> Second [47:35] >> Please cast your votes [47:36] >> Motion passes [47:37] >> 20002 SUP three, specific use permit [48:03] request to allow for an indoor gun [48:04] range located northeast corner of [48:05] Industrial Boulevard and Millwood Road [48:06] >> The applicant is requesting a [48:11] specific use permit to allow for an [48:12] indoor gun range on the subject [48:15] property. It is on the north side of [48:18] industrial, there are two relatively [48:21] new spec industrial buildings on the [48:24] site currently. The applicant would [48:27] like to propose to include an indoor [48:34] gun range.. Staff was unable to support [48:35] the request it was a tough one for us [48:36] because the area is industrial in [48:39] nature. But on the north side of the [48:42] subject property there is a residential [48:43] neighborhood that sits 65 feet away [48:49] from the proposed range. At the time of [48:50] the Planning and Zoning Commission the [48:51] applicant requested the indoor gun [48:56] range. At the meeting they did request [48:57] the applicant tied sound mitigation as [49:05] part of the Internet [Indiscernible] we [49:06] are appreciative of the proposed [49:07] standards they are including in the SUP [49:12] which include double cinderblock wall [49:13] with a minimum of four inches spray [49:17] foam between the cinderblocks. A four [49:18] inch concrete roof provided over the [49:20] top and rubber burns at the end of each [49:24] range. We are appreciative of the sound [49:28] mitigations. Staff cannot confirm these [49:33] mitigations will alleviate potential [49:34] noise outside of the building which is [49:36] our concern with being so close to [49:40] residential properties. We do have [49:41] performance standards to help mitigate [49:43] potential noise above a certain decibel. [49:51] As part of the research, staff and I [49:52] visited Dick few indoor gun ranges and [49:53] they did range quite a bit on which [49:54] ones we could hear from on the outside [49:56] and which ones we could not. That was [50:00] the foundation for the recommendation [50:04] of denial. The area itself is [50:09] industrial so we understand the logic [50:10] but with that proximity to residential [50:11] we were uncomfortable recommending [50:12] approval. Planning and Zoning did hear [50:14] this and they recommended approval. And [50:17] I'm happy to answer any questions I [50:20] believe the applicant is here to speak [50:21] >> Jennifer, were there any [50:26] [Indiscernible] associated with [50:29] [Indiscernible] [50:30] >> I don't know what an STC rating is [50:35] >> The sound coefficient [50:41] [Indiscernible] tells you what decibel [50:47] sound you can hear [50:49] >> The applicant did do a great job of [50:50] providing a variety of sound studies. [50:53] None tied to the specific mitigation [50:54] they are going to include. They did [51:01] show us videos of sound studies done [51:02] inside of a facility and on the roof of [51:04] another facility that were within a [51:08] comparable range but they were not tied [51:09] to the mitigation they were proposing. [51:12] I'm assuming the applicant is here. You [51:16] will hear from him and he will talk [51:18] about the mitigation they are [51:20] proposing, where it is seen. I don't [51:25] believe it is here in North Texas but [51:26] you can talk more to that [51:28] >> Are there any other questions for [51:34] staff? [51:35] >> Jennifer, what's on the north side [51:41] of the building? What's outside of the [51:45] actual building itself? [51:46] >> The only thing is the required [51:49] screening wall. Just the rear entry [51:50] fire lane and the screening wall [51:53] >> The floor plan shows there are five [51:57] or six doors on the north side [52:03] [Indiscernible] [52:06] >> You will hear from the applicant the [52:12] range themselves are going East and [52:13] West so the berms they are proposing [52:14] will be on those ends to collect the [52:18] bullets and get them out of the [52:23] facility. Any doors you see on the rear [52:24] is just for entry access to the [52:27] building. [52:28] >> If the applicant could come up. [52:29] >> Mr. Mayor and members of Council, [52:42] thank you for allowing me time to [52:46] speak. I'd also like to thank city [52:47] staff for their time and effort they [52:52] dedicated my application. Many years [52:53] ago I was asked which lasts longer the [52:56] first car the first girlfriend or your [53:03] first 22? I laugh because I knew the [53:07] answer but for me it was not a 22 but a [53:08] 3030 my parents got me for my 18th [53:11] birthday. Looking back I believe I [53:14] sound like Ralphie in a Christmas story [53:15] when asked what I wanted and I said mom [53:18] I want a model 336 3030 lever action [53:21] rifle. My father introduced me to [53:22] shooting when I was eight. We would go [53:25] to our family property in Little Elm [53:29] and I would shoot his 22 rifle for as [53:30] long as he would let me. He not only [53:32] taught me how to shoot how to shoot [53:37] responsibly. As a surgeon he had seen [53:39] the damage the improper use of firearms [53:42] cost. He taught me the consequences of [53:46] not being responsible. Those lessons [53:47] have stuck with me and I have passed [53:48] them on to my children and anyone I [53:53] teach. What my father did not know is [53:56] he open the door to a sport I love and [53:59] enjoy to this day. By the time my [54:00] father sold the property I had spent [54:02] many hours with friends shooting. I [54:06] have lost count of how many people I [54:10] talked to shoot and I'm proud to say [54:11] one person became a firearms instructor [54:14] for the Air Force. This doesn't sound [54:17] unusual to you learn the friend was a [54:18] five foot five inch 19-year-old female [54:20] a rare accomplishment in the mid-80s. I [54:26] told you my history because it mirrors [54:27] how many Texans for so many years learn [54:31] to shoot. Unfortunately, this way is [54:32] slowly becoming a thing of the past [54:34] because the open land we use to shoot [54:36] is now home to the businesses. Our [54:46] primary goal of opening the range of [54:47] McKinney is to build a place for people [54:48] to experience what I and so many others [54:49] have loved for so long. Instead of [54:51] being out in a field in 101 degree heat [54:54] they will be in a modern [54:58] air-conditioned facility. The range of [54:59] McKinney consists of 18 indoor lanes a [55:04] virtual training system two classrooms [55:07] retail space a warehouse a catering [55:12] kitchen and business offices. Our live [55:16] fire range uses equipment designed for [55:17] and used by military and law [55:18] enforcement agencies around the world. [55:26] The environment in the range area will [55:27] be clean and comfortable with a system [55:28] designed to purify the air of smoke and [55:29] lead in seconds not minutes. In [55:30] addition to live fire training, the [55:32] range of McKinney will be the first [55:38] private range in Texas to house the 300 [55:42] virtual immersive training system which [55:44] is currently used by handful of [55:45] military and law enforcement agencies [55:48] around the world. This training system [55:53] provides realistic fully immersive [55:54] training which allows users to feel as [55:55] if they are in the middle of the action. [55:59] It prepares them for what may happen [56:00] and also teaches how to de-escalate the [56:03] situation. The system is like nothing [56:07] you have experienced. I have seen [56:11] seasoned professionals come out of the [56:12] sessions sweating in disbelief of how [56:15] realistic the experience was. Demand [56:19] for the system will come from law [56:20] enforcement agencies businesses school [56:21] districts and individuals and bring [56:22] people from all over Texas and the [56:26] surrounding states to McKinney and [56:27] these people will stay in local hotels [56:35] are classrooms we use for courses [56:36] taught by instructors and they will be [56:37] available for private and group [56:38] lessons. Since the start of the pandemic [56:42] millions of people have taken [56:43] advantage of their Second Amendment [56:46] right to bear arms. The new gun owners [56:47] will want to have a nice place to train [56:49] and learn and in turn become better [56:53] gun owners. Why should the gun owners be [56:57] forced to go and spend money at ranges [56:58] in other cities when they can stay here [57:01] in McKinney. The retail and waiting [57:03] areas are designed to be open and [57:04] comfortable so clients can shop and [57:07] relax. Our retail area will stock new [57:09] and used firearms accessories and [57:12] ammunition. My mother had a great head [57:13] for business and taught me product [57:16] selection brings in clients that [57:17] customer service keeps them coming back [57:20] so we will provide the best in customer [57:26] service. [Indiscernible] [57:27] >> You may already have what you need [57:45] to be successful [57:49] >> If you are saying asking me to stop, [57:53] I'm happy to [57:58] >> To be clear, we limit the public [58:02] comments however the becomes a time [58:11] [Indiscernible] I don't want to be [58:12] disrespectful of your presentation [58:13] >> I just wanted to make sure and [58:14] introduce you to the product so you [58:15] understand exactly what we want to do. [58:19] What I did not get to and what I would [58:22] like to say is the wall configuration [58:25] in our building was used in Illinois. [58:30] The sound requirements at this facility [58:32] in Illinois were that they could not be [58:36] heard because this facility is in a [58:38] strip center. The adjacent businesses [58:41] next to them in the strip center could [58:48] not hear the gunfire. You could be [58:50] outside the building and the only thing [58:51] you hear is noise from the streets [58:52] >> I don't know the exact value, the [58:59] decibel level is around 68 to 72. [59:05] >> Say that again [59:06] >> [Indiscernible] is how much sound [59:12] volume can be heard on the other side. [59:23] >> I am not sure the sound engineers [59:25] have not given that me that [59:29] information. I know the videos I [59:31] provided to staff were taken outside of [59:38] the range in Chicago. You could not [59:39] hear any gunfire [59:40] >> And you have committed to that [59:45] >> We are spending in excess of [59:46] $500,000 to make sure it does not happen [59:51] >> In the future, if I were you and I [59:56] was presenting this again, the sound [59:57] engineer could identify the STC [59:58] assembly and you could say and that we [1:00:03] would clear it up and we would not have [1:00:07] this dialogue. Jennifer, you heard the [1:00:11] video? And you agree you could not hear [1:00:14] anything? [1:00:15] >> [Speaker off mic] [1:00:16] >> Mr. Houser, is there a way possible [1:00:20] since this is an SUP to tie that CO to [1:00:31] that sound barrier somehow to protect [1:00:32] those residents? [1:00:33] >> Come out and shoot a gun and stand [1:00:36] outside to make sure the residents [1:00:39] >> I think it would be better to tie it [1:00:44] to the standards so you can technically [1:00:48] measure it. No noise [1:00:49] >> [Indiscernible] maybe Mr. Mayor [1:00:59] could put it in the motion [1:01:00] >> Are there any other questions for [1:01:10] the applicant? [1:01:11] >> This is a public hearing [1:01:13] >> There are some comments. John Feltus [1:01:28] >> Good evening. I've lived here almost [1:01:34] 20 years. When I moved here there was a [1:01:37] gun range on 380. I'm a lifetime [1:01:39] shooter but more than that I spent a [1:01:43] year in Academy selling firearms [1:01:47] full-time. I sold a lot of guns and one [1:01:48] of the things I saw commonly is people [1:01:51] that bought them did not know how to [1:01:54] use them. They had nowhere to go. They [1:01:58] were reluctant to step outside their [1:02:02] comfort zone so they take them home and [1:02:03] put them in the night stand and feel [1:02:04] safe and don't have a clue what they [1:02:06] are doing. They need a place here where [1:02:08] they can learn these things, where they [1:02:11] can do it properly and safely and not [1:02:16] shoot your kids because they are [1:02:17] playing in the street because they are [1:02:19] scared. I would ask you to please and [1:02:24] I'm not trying to overrule Jennifer by [1:02:26] any means she's done her job well but [1:02:27] we need a place here. Allen has one, [1:02:33] Plano has several. We are the only town [1:02:35] around that does not and you are losing [1:02:36] money and revenue off of it and we are [1:02:41] losing a good opportunity. Please vote [1:02:42] in favor [1:02:45] >> I'm not showing any other cards. Is [1:02:51] there anybody here that would like to [1:02:59] speak? [1:03:00] >> I gave you a card but I'm not sure [1:03:01] what happened [1:03:02] >> My name is [Indiscernible]. I live [1:03:11] at 3300 Brentwood. I am a lifelong gun [1:03:16] enthusiast. I highly recommend [1:03:17] everybody support their Second [1:03:19] Amendment right to carry but more [1:03:21] importantly if you are going to carry [1:03:26] you need to practice. You need to take [1:03:27] courses and learn what you are doing [1:03:28] because the firearm is not a toy. We [1:03:33] need places to go out and practice that [1:03:38] skill because that's what it is a skill [1:03:39] and you need to practice. If you don't [1:03:42] practice you have no reason carrying a [1:03:46] firearm. I say that as somebody who [1:03:48] thinks everybody should. I have trained [1:03:51] a number of my friends to use firearms. [1:03:54] One of the biggest things I get to when [1:03:57] I talk to people about how often do you [1:04:01] go out and practice or hit the range. I [1:04:05] don't because there's not one anywhere [1:04:06] around I have to go too far. There is [1:04:11] always excuses but number one is the [1:04:15] proximity.. The closer you have a place [1:04:17] the more likely you are going to be to [1:04:25] go. If it's going to offer the training [1:04:26] they claim they are going to offer, I [1:04:30] would highly recommend you approve this [1:04:35] because that is something I am myself [1:04:36] as a McKinney resident will use. I will [1:04:41] take my friends there. I will get other [1:04:42] people to go there because that's what [1:04:44] I do. Right now I get them to go to [1:04:46] other places. Let's keep that here in [1:04:52] McKinney. If we are going to have [1:04:56] people here in McKinney carrying [1:04:57] firearms we need to have places in [1:04:58] McKinney for them to practice that [1:05:01] skill. I respect the staff has done [1:05:02] their work and decided against it but I [1:05:07] believe it's incorrect and I believe we [1:05:08] should have a place to hone our skills. [1:05:12] >> Is there anybody else to speak to [1:05:16] the item? I will entertain a motion to [1:05:18] close the public hearing [1:05:22] >> So moved, second [1:05:23] >> Cast your votes [1:05:24] >> Motion passes [1:05:33] >> Discussion [1:05:37] >> I think staff recommended denial for [1:05:43] the right reason. They are concerned [1:05:46] about the residential so they wanted to [1:05:48] make sure that's what they were looking [1:05:51] out for as this will be an SUP [1:05:53] requirement that would potentially [1:05:57] disrupt. I think we can require that [1:06:02] they produce on the front side a [1:06:05] construction the ratings of the walls [1:06:08] they will build. That can easily be [1:06:11] contrasted with the noise generated on [1:06:17] the inside and it sounds like you are [1:06:18] willing to do that already. So I know [1:06:27] for me the only thing you did not say [1:06:30] you said being outside of 101 degree [1:06:33] whether it's also legal so I prefer a [1:06:37] legal and safe place for anyone [1:06:41] carrying a gun being able to practice [1:06:43] here as long as we mitigate that [1:06:46] concern staff has very rightfully [1:06:50] expressed. Does anyone else have a [1:06:54] comment? [1:06:55] >> I'd like to say thank you for doing [1:06:58] business in McKinney. We've needed this [1:07:02] for a very long time and I appreciate [1:07:03] you investing your time and money in [1:07:04] McKinney and I hope you are very [1:07:07] successful. I saw you present at [1:07:08] Planning and Zoning and I'm pleased to [1:07:12] see you here and I know you care about [1:07:14] what you are doing and you are bringing [1:07:15] a good quality product so thank you [1:07:16] very much [1:07:21] >> I look forward as long as it is tied [1:07:22] to making sure those residents are [1:07:25] represented aren't interrupted by the [1:07:27] noise and making sure it's maintained [1:07:31] throughout. I know we have good legal [1:07:37] team that can tie that to the SUP. It [1:07:43] has to be maintained so how those walls [1:07:46] deteriorate with the sound somehow gets [1:07:49] too loud, the SUP will be revoked. [1:07:53] Maintain that sound quality [1:07:55] >> I'm in favor [1:07:56] >> I'd like to know when you will open [1:08:03] >> I will be one of the first ones there [1:08:09] >> [Indiscernible] [1:08:13] >> I will ask for a motion. And to [1:08:22] contain the language [1:08:23] >> Move to approve with the stipulation [1:08:24] on the sound [1:08:25] >> Second [1:08:31] >> Mark, you have enough to go on what [1:08:34] we are looking for. [1:08:35] >> Please vote [1:08:40] >> Motion passes [1:08:41] >> Congratulations [1:08:42] >> 200006z2 rezone property from Local [1:09:00] Commercial District to Planned [1:09:01] Development District to modify the [1:09:02] development standards to allow for [1:09:03] multifamily uses [1:09:04] >> Just here to introduce the item, the [1:09:10] applicant requests the public hearing [1:09:11] be continued until August 18 [1:09:12] >> I believe the purpose was for them [1:09:19] to co-back to the residence and see if [1:09:22] they can't get agreement from the [1:09:26] residence to be in support [1:09:27] >> That is correct [1:09:28] >> That's their best chance [1:09:37] >> I'm okay with it being tabled. [1:09:44] Everybody else? [1:09:45] >> Move to table the item [1:09:47] >> We need a public hearing [1:09:48] >> And continue the public hearing [1:09:49] >> Second [1:09:50] >> Motion passes [1:10:21] >> 200626, act on a resolution [1:10:22] authorizing the creation of an ad hoc [1:10:23] Throckmorton statue advisory board to [1:10:24] oversee staff and expert research [1:10:25] related to the Throckmorton statue [1:10:26] located on city-owned property [1:10:27] >> Thank you, Assistant City Manager. [1:10:31] This resolution formalizes the [1:10:32] Throckmorton advisory board as [1:10:33] presented at the Work Session. Happy to [1:10:38] stand for any questions. And Mark Doty [1:10:41] is available [1:10:42] >> Are there questions for Kim? [1:10:47] >> Is there a motion [1:10:51] >> Some discussion [1:10:55] >> We had discussion in Work Session. [1:10:58] It's highly disappointing and [1:11:01] discouraging to look at my Council [1:11:09] peers who dismissed and as you can see, [1:11:15] there's a better part of your community [1:11:16] out here that feels dismissed [1:11:20] disappointed and discouraged. We are [1:11:24] asking you to not sit on your hands and [1:11:25] not have an ad hoc committee, we are [1:11:28] not going to sit by and be dismissed. [1:11:36] You might look at me and see one person [1:11:37] on the Council you don't agree with and [1:11:38] you don't like and you could care less [1:11:40] to have the conversation but you need [1:11:41] to look out the window. Looked past me [1:11:46] because I'm not me I'm representing the [1:11:53] constituents in your community. I'm not [1:11:55] talking about you I'm talking about me [1:11:56] right now and those constituents out [1:12:01] there. As quickly as you dismissed me [1:12:04] earlier at Work Session, we are not [1:12:06] going to be dismissed and be [1:12:14] disrespected. So again, you can hear [1:12:15] us, you can see as and these numbers [1:12:20] will grow. The division is not being [1:12:26] caused by the person calling out the [1:12:30] problem. Bringing awareness to the [1:12:33] problem. [1:12:45] >> This is inappropriate and I need to [1:12:46] ask you to step away from the dais [1:12:51] >> The comments that were made that the [1:12:58] group your constituents which are my [1:13:00] constituents and everyone's [1:13:03] constituents here, I don't subscribe to [1:13:05] the thought that engaging the whole [1:13:10] community is disrespecting anybody. [1:13:13] Ignoring anybody. It's what we are [1:13:14] required to do [1:13:15] >>[ I'm speaking right now [1:13:19] >> Multiple speakers] [1:13:22] >> I was not done and speaking [1:13:23] >> La'shadion [1:13:24] >> No No No you don't get to cut me off [1:13:28] in the middle of my comments [1:13:35] >> Council member Shemwell [1:13:36] >> You do not get to cut me off [1:13:37] >> We will be back in five minutes [1:13:47] >> Call a recess all you want but we [1:13:48] will not be dismissed [1:13:55] >>We are back and we will have this [1:14:02] discussion respectfully and with that I [1:14:03] make a motion to adjourn [1:14:08] >> So moved, we are adjourned [1:14:11] >> [The meeting has ended]