Showing posts with label charter amendment. Show all posts
Showing posts with label charter amendment. Show all posts

Saturday, February 1, 2025

McKinney Seeks $73M for Budget Commercial Airport "Proof of Concept"

 At its January meeting, the McKinney Community Development Corporation (MCDC) heard from organizations and groups wanting grants. The long-controversial city airport came asking for $30M in financing. Grant requests will awarded at the February meeting. Earlier in January, the city asked the McKinney Economic Development Corporation (MEDC) for $22.4M.

                          City Presentation 

The city cannot use property tax money for three years after two failed commercial airport bonds (one in 2015 for the land and another one in 2023 for a terminal). While the city waits out the clock, its only recourse seems to be the MCDC and MEDC.

The city of McKinney asked the MCDC for a $30M bridge loan, either from the fund balance or by taking out sales tax bonds, until a federal Rural TIFIA loan can be secured. This would require at least two years of yearly $1M interest only payments. The city is prepared to have the MCDC carry the entire loan if the TIFIA loan does not work out.

The combined $52M ask is for a budget, “proof of concept” commercial airport they will use to woo a budget airline. There is still no firm commitment from an airliner. Here is the specific wording from the grant application:

“The proposed infrastructure will enable development of various aviation uses on the east side of the airport. The plan is to maximize flexibility to allow for growth in the future as the market and economy dictate. The proposed terminal is a small phase one terminal that is expandable but is intended as an inexpensive terminal to prove that commercial service is viable at TKI. If commercial service is successful, future expansion would include the construction of an entirely new terminal north of the first phase. The first phase terminal would continue to offer gates for the terminal or could be repurposed as a maintenance facility and/or rental car facility.” 


Both the MEDC and MCDC collect a half-cent each of sales tax revenue. That allotment translates into roughly $25M a year. The MCDC alone has saved over $47M in a fund balance for future unnamed projects—like the airport.

The MCDC left the public hearing open for the $30M commercial grant.
Please email the MCDC board at Info@mckinneycdc.org on agenda item # 25-2377.

There will also be a joint City Council, MEDC, and MCDC meeting on 2/18/25 at 4pm. The airport will likely be discussed.

For more background on the changing role of the MCDC, please see the following past articles:

McKinney’s Community Development Corporation Changes Focus

Demystifying McKinney's Airport

Sunday, November 3, 2024

Special Interests Finance McKinney’s Pro-Prop A PAC

PAC finance reports for and against the city council-driven term extension charter amendment on the ballot this November are posted on the city of McKinney’s website

So far, the pro-Prop A PAC, Citizens for McKinney, has brought in about $47,000 in individual, corporate, and in-kind donations to finance the campaign to pass city council term extensions. The corporate and business interest owners resemble those who donated to the recently failed $200M airport bond.

The top individual donors of $3,500 each were David Craig (of Craig Ranch, etc.), David Brooks (of Independent Bank and an earlier investor in TUPPS), David Johnson (?), and William Darling (Darling Homes and ManeGate). The PAC also received $500 each from Roeder & Hullett, two law firm members in town representing many apartment builders and companies with special planning needs. Two real estate company owners/brokers donated $2,000 each: McKissick and Franklin.

The top corporation donors totaled about $18,000:

Ashton Commercial Construction gave $3,000.
Tradition Homes gave $3,500 (a Bill Darling company).
South Beach Interests, LTD gave $1,000.
Burress Law gave $1,000.
DFW Law Office in Dallas gave $5,000.
SKRS Investments based in Addision gave $2,500.
Presidium Group based in Dallas gave $2,500 (multifamily real estate investment firm).

The anti-Prop A PAC, Keep McKinney Unique, was financed by mostly smaller donations from individuals, including a collaboration with a GoFundMe.com sign drive. In total, the majority of the donations ranged from $14 for one sign to $200 to help buy signs or pay for an education campaign. As of the 10/28 filing, about $6,000 was donated to the anti-term extension PAC.


There will most likely be one more filing for each PAC after the election is over on Tuesday. 




Saturday, September 14, 2024

McKinney Leadership’s Heard Problem

The 289-acre non-profit Heard Natural Science Museum and Wildlife Sanctuary is located on McKinney's east side. It is the definition of the kind of open space that fits McKinney’s “Unique by Nature” motto. It is a tourist attraction and a hidden gem for nature lovers.

Visitors canoeing, photo from The Heard's website 

Community groups meet at the Heard. School district and homeschool students learn about nature year-round. The Heard’s founder, Bessie Heard, was a woman ahead of her time and a downtown McKinney icon. With all the Heard has to offer, one would think the city of McKinney and its leadership would partner with Heard as they eagerly do with places like Tupps Brewery and the airport. Instead, the city of McKinney and its leaders push the Heard to the side.

The reason the Heard Natural Science Museum and Wildlife Sanctuary is problematic for McKinney’s leadership is simple— the airport. City leadership is on a mission to convert the general aviation airport into a commercial airport. Last year, citizens voted down a $200M bond meant for that purpose. This November's charter election will decide if the current mayor can have his term extended to continue his pursuit of a commercial airport. It is hard for the city and its leaders to concentrate money and effort on expanding the city’s airport when it is located right next to a nature preserve with a mission to educate, preserve, and conserve the environment. These two projects are close in proximity but worlds apart in their missions.

McKinney goes quite far to pretend the Heard does not exist. In the city’s 2040 comprehensive plan, the Heard is swallowed up in the so-called “Airport and Aviation District.” 

The Heard is located in the black circle at the bottom left of the aviation area.

The McKinney Community Development Corporation (MCDC) has been the primary financial support for non-profits like the Heard. The MCDC has given minimal yearly grant support to the Heard, similar to the grants the MCDC gives to fundraisers and cultural events in downtown McKinney.

Here's the history and purpose of the MCDC according to its website:

“In 1996, McKinney voters approved a half-cent sales tax to be used to provide grants to projects and events that would enhance McKinney’s aesthetic, cultural, and leisure amenities. Over the past 25 years, MCDC has invested nearly $225 million back into the community.”

The MCDC’s mission statement:

“Staying true to voter intent, we work proactively, in partnership with others, to promote and fund community, cultural and economic development projects that maintain and enhance the quality of life in McKinney.”

This year, the Heard applied to the MCDC for a $148,000 project grant to restore the Blackland Prairie area of its nature preserve. The application was formally presented to the MCDC board in April. The board asked five questions of the Heard representatives, ranging from interest in controlled burns to whether they could get a used tractor instead of a new one. Not one word was said indicating anything was wrong with their application. No other comments indicated a potential denial based on MCDC priorities or the inappropriateness of the application. *Oddly, project grants for community purposes, not just economic development, are now being discussed in MCDC's closed executive sessions

At the next MCDC meeting in May, the Heard’s project grant application came up for a vote. Not one person from the board said a word. After a lengthy silence, a member requested a vote to deny. The denial of Heard’s project grant request passed7-0. At the same meeting, the MCDC board approved a $3.6M project grant for airport infrastructure. The Notes Live for-profit outdoor amphitheater project was given $3M. Right now, the MCDC has a fund balance of about $30M. The Heard application looks like it was the only project denied this past fiscal year. 

Whether McKinney’s leadership likes it or not, the Heard is an asset to the city. It attracts tourism, educates citizens of all ages, and conserves and preserves open spaces. The Heard ticks all the boxes city leaders profess they want to support and promote. Whether a commercial airport is in McKinney's future or not, city leadership must find a way to work constructively with the Heard, just like it does with other non-profits in the city. 

Wednesday, October 7, 2020

McKinney's Special Election--Recall and Parkland Sale

There are two McKinney-specific propositions on the ballot this November. Here are my suggestions.

Proposition A – FOR

Proposition B – AGAINST

I’ll start with Proposition B. It asks if citizens want to allow the city to sell a specific parcel of parkland. I am against Prop B. The land in question is in back of the Heard Natural Science Museum & Wildlife Sanctuary

    Wilson Creek runs right between the Heard and the parkland in question. If the parkland is sold for an industrial purpose (and it most likely will be), the new industrial business may interfere with the wetlands area.

    Old landfills are made into parks throughout the country. Please see examples here and here.  

    The Heard should be a positive, protected amenity of McKinney.

Proposition A asks if citizens should remove the District 1 representative by recall. I am for Prop A.

I will just hit on the highlights of why Mr. Shemwell should be recalled. Even though Mr. Shemwell was elected to represent District 1, he has spent the majority of his time in office representing and promoting himself at the expense of his district and the entire city.

I’ll focus on 2018 because it was a pivotal year for Mr. Shemwell and for his relationship with the city. In 2018, Mr. Shemwell was arrested twice. In 2018, citizens began to seriously consider using the recall process. In 2018, citizens realized the recall provision in the city’s charter made it nearly impossible to recall anyone. 

It all began on May 9, 2018, less than a year after he was elected. Mr. Shemwell was arrested for refusing to sign a traffic ticket. He wasted no time in calling a press conference in the City Hall chambers to claim he was racially profiled. He demanded the officer be suspended. Read what he said happened here

A week later, the bodycam footage was released, and Mr. Shemwell talked back some of his claims. On the body camera footage, Mr. Shemwell was also seen clearly directing the police officer to call the chief of police more than once. It is against the city charter for councilmembers to direct city employees to do anything. He took some responsibility for his argumentativeness with the officer. You can read about it here and here.

He voted to censure himself trying to direct the policeman during the stop, a violation of the city charter.  Before that, there was about an hour of public comments devoted to the situation he created. Read about it here

Throughout this time and into July, the city was dealing with an ongoing environmental problem with concrete batch plants located in District 1—Mr. Shemwell's district. The residents of the trailer park and the housing development nearby were forced to seek help from other city council members due to Mr. Shemwell’s inaction when it was repeatedly brought to his attention by several of his constituents. Read about it here.

Another issue playing out at that time was the forced annexation of the ETJ area in the northwest side of the city— Mr. Shemwell’s district was very close to it. In fact, some parts of the ETJ could have been incorporated into his district depending on whether the ETJ area was forcibly annexed or not.

By October, Mr. Shemwell had enough of the constant public comments at meetings regarding the forced annexation plans for the ETJ. He said he was tired of meetings being ‘hijacked’ by people at meetings. He also proposed moving public comments to the end of meetings. He suggested if people were forced to sit through meetings, it would help them get educated on how government works. He also brought up limiting handouts and presentations during comment periods. Unfortunately, other council members agreed. Read about it here.

December 6, 2018 – Mr. Shemwell was arrested on continuous violence against family charges, a 3rd degree felony. Here are the details of the charges from the article:

"LaShadion got on top of (victim) as she laid on her back, and straddled her torso area and struck her in the mouth one time and continued to put his hands over her mouth so she couldn't scream," one document reads.
Another incident also details a fight that happened after a birthday party. The woman claims she and Shemwell had physically assaulted each other beginning in the car and later in the home. A member with the housing authority came to the residence because of a complaint of a disturbance.

The alleged assault resulted in injuries to both people.

And in a recent November incident, documents reveal the couple got into a physical altercation in which Shemwell wrestled away car keys from the woman. During that altercation, the woman broke three fingernails and injured her middle finger on her right hand.”


This arrest and details of the charges mirrored some of Mr. Shemwell’s past criminal legal problems related to his treatment of women. It was also his second arrest in one year.


Here is Mr. Shemwell's statement to WFAA from the above article:

Shemwell released a statement on Friday to NBC 5 saying "This is yet another example of why I wholeheartedly advocate for criminal justice reform and bail reform. In a country where one should have the presumption of innocence UNLESS proven guilty, it’s clear that this is merely theoretical and not practical, especially for people of color and impoverished communities alike; dealing with a money hungry and racially biased criminal justice system. As far as people being concerned about my smiling in the mugshot picture, would you rather I cower like a hurt dog? Knowing that these are premeditated unmerited attacks from my adversaries, I prefer to hold my head high through all trials and tribulations. I refuse to be yet another broken body, created in a broken criminal justice system. For no weapon formed against me shall prosper. With every arrow shot in my direction I will smile and smile much bigger. In the words of 45, “This is fake news.” Prayers for my children who are old enough to hear and read the rumors and whispers about their father."

It was after this arrest (and Mr. Shemwell's response to the arrest) that people in the city began to seriously consider their options for his removal from office. Many investigated the prospect of a recall.  All found that requirements for signatures to get a recall on the ballot were so high as to prevent the recall of any city council member under nearly any circumstance, now and in the future.

December 18, 2018 – Changing the recall provisions in the city charter were discussed at a city council meeting due to community outrage over his arrest. Read about it here

Here’s the video of the exchange during the discussions at that meeting. Starting at minute 39 to 48:49. These kind of exchanges became more common and more destructive to city council meetings as time went on. 

The revised recall requirements were placed on the ballot in May of 2019. They all passed.

A month later, the charges against Mr. Shemwell were dropped, possibly because the woman did not want to testify against him in a trial. Read about it here and here.

October 15, 2019 – Mr. Shemwell came out with his emergency declaration. Here are the objectionable statements from it:

"WHEREAS, the State of Texas and its local governments have declared war on black and brown citizens by conspiring to kill, injure, oppress, threaten, and intimidate, and to willfully deprive citizens of their constitutional rights while acting under the color of law;

WHEREAS, the State of Texas and its local governments harass and prosecute its minority citizens both in daily interactions and as punishment for speaking out against said institutions;"


That city council meeting degenerated into yelling, interrupting, and name calling. A citizen filed an ethics complaint against Mr. Shemwell due to his behavior at the meeting that came to nothing. The mayor was forced to call a recess. Mr. Shemwell continued yelling during the recess. 

November 16, 2019 – The recall petition was submitted to the city secretary. A total of 3083 valid signatures were turned in. District 1 turned in 598 signatures, District 2 turned in 669 signatures, District 3 turned in 909, and District 4 turned in 907 signatures.

COVID postponed the May recall to this election cycle. He has continued to disrupt meetings since then. 

Saturday, December 15, 2018

Help Get Revised Recall Rules on the May Ballot

Citizens have powers in home rule cities, like McKinney, to propose any ordinance, to approve or reject an ordinance passed by City Council, to change the City Charter, and to recall their local elected officials at the ballot box. Citizens are limited to those initiatives and referendums that do not appropriate money, issue bonds, or levy taxes.

In McKinney’s city charter, the rules are spelled out for these citizen powers The citizen power of the initiative requires at least 25% of the number of votes cast at the last regular municipal election. The citizen power of the referendum requires at least 25% of the number of votes cast at the last regular municipal election. However, the recall requirements have an additional hurdle the initiative and referendum rules do not—the signatures must also include at least 15% of the qualified (registered) voters in the whole city.

Here are the two changes the recall requirements in the city charter need to ensure that the power of the citizen recall is restored:

1.    Remove the Percentage of Total Registered Voter Requirement in the City Charter
This requirement needs to be removed as it requires an extremely high number of signatures that will only get larger as the city grows. The registered voter requirement isn’t reflective of those who actually vote in local elections either. It is just reflective of those who have registered. For example, there are mass voter registration drives for national and state elections which artificially inflate the registered voter totals. Most often, those same voters do not vote in local elections.
Removing the total registered voter requirement would also be more consistent with the requirements for citizen initiatives and referendums already in McKinney’s charter.

2.    Change the Recall Signature Requirement from Whole City to the District of the Official Being Recalled
The recall signature rules should be district specific, not whole city. Now, anyone in any district can sign a recall petition for a City Council member in another district even if they can’t vote for or against them in an election. Also, a city-wide recall without approval of the citizens in the district in question might very likely result in that district re-electing the recalled representative in the next election.
Other cities with district-oriented City Councils, like Dallas, El Paso, Garland, for example, require the signatures collected to be district specific, usually with a requirement of 30% of the number who voted in the last municipal election.
The At Large City Council positions would stay whole city recall since the whole city votes for those positions.

(iStock/adamkaz)
City Council has already called for a May 2019 bond election. City Council is already planning to clean up and update areas of the city charter. If City Council amends the city charter in May, it cannot be done again for two more years. This is the perfect time to do it.

At Tuesday’s City Council meeting, there will be a public hearing item on the city charter. Please plan on speaking at the public hearing or send an email regarding the public hearing item and ask for changes to the recall requirements of the city charter.

18-1065 Conduct a Public Hearing to Consider/Discuss the City Charter Amendment Election Process

12/18 at 6pm in City Hall

Email contact-citycouncil@mckinneytexas.org
Refer to the item number and that you support changing the recall requirements in the city charter to go on the ballot in May.


Below are the relevant sections of the current city charter. For the entire city charter, go to Municode:
https://library.municode.com/tx/mckinney/codes/code_of_ordinances

Sec. 132. - Power of initiative.
The voters shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the issuance of bonds or the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiative ordinance may be submitted to the City Council by a petition signed by registered voters of the City equal in number to at least twenty-five (25) percent of the number of votes cast at the last regular municipal election.

Sec. 133. - Power of referendum.
The voters shall have the power to approve or reject at the polls any ordinance passed by the City Council or submitted by the City Council to a vote of the voters, such power being known as the referendum. However, there is excepted from such power of referendum ordinances making the annual tax levy and bond ordinances authorizing the issuance of bonds. Ordinances submitted to the City Council by initiative petition and passed by the Council without change shall be subject to referendum in the same manner as other ordinances. Within twenty (20) days after the enactment by the City Council of any ordinance which is subject to referendum, a petition signed by registered voters of the City equal in number to at least twenty-five (25) percent of the number of votes cast at the last regular municipal election, may be filed with the City Secretary, requesting that such ordinance be either repealed or submitted to a vote of the voters.

Sec. 145. - Recall petitions.
The recall petition to be effective must be returned and filed with the City Secretary within thirty (30) days after the filing of the affidavit required for initiative and referendum petitions, and it must be signed by registered voters of the City equal in number to at least twenty-five (25) percent of the total number of votes cast at the last regular municipal election; provided, however, that the petition shall contain the signatures of at least fifteen (15) percent of the qualified voters of the City and shall conform to the provisions of initiative and referendum petitions. No petition papers shall be accepted as part of petition unless it bears the signature of the City Secretary as required in initiative and referendum petitions.

Sec. 149. - Limitations on recalls.
No recall petition shall be filed against the Mayor or a Council Member within four (4) months after he takes office nor in respect to the Mayor or any Council Member subject of a recall election and not removed thereby, until at least six (6) months after such ele