And now declare that the plaintiff city Council is convened in open session. Recording in progress that all council members are present. The Council will now recess into Executive Session and Training Room A to hold a closed executive meeting pursuant to the provisions of Vernon's Texas Codes Annotated Government Code, chapter 551, the Open Meetings Act in accordance with the authority contained in section 551 o 71 to consult with the attorney and receive legal advice and discuss litigation. Section 551 087 to discuss economic development matters. Section 551 072 to discuss real estate matters, and section 551 074 to discuss personnel matters. Thank you. I now declare the Plano City Council preliminary Open meeting is reconvened in open session that all council members are present. Council. There he is. Okay. Our first item of the preliminary agenda is consideration and action resulting from the executive session. So on that item, I need a motion to authorize the settlement of the Christine Park claim in accordance with the direction given in executive session. 30. I'd like to make a motion to authorize the settlement as discussed. Chris. Oh, sorry, I thought I had you up. Go ahead. I'll second the motion. Thank you. We'll do a hand vote. Motion and a second. Oh, no. Here we are. Look at you. Technology. I have a motion and a second to approve. The consideration and action resulting from the executive session discussion. Please vote. Motion passes 8 to 0. Thank you. Our next item is the dart update Andrew Fortune. Good evening, Mayor and council, Andrew Fortune, director of policy and government relations. I wanted to provide a brief update. Now that the legislative session has concluded on our efforts related to Dart. Let me see if the slides will advance. Lisa. No. So while we wait on the slides. Oh, there we are. I think it's moving. One more. There we are. Some brief background. The city council in Plano, first in 2020, requested an ROI return on investment analysis from Dart on the $0.01 sales tax that Plano taxpayers had dedicated to the agency. Unfortunately, it took going to the legislature in 2021 and during the hearing in the House, it was agreed upon between dart and the city that if the city were to pull down the legislation, that dart would provide that information. Unfortunately, dart provided failed to provide a quantitative analysis, instead providing a largely qualitative document that highlighted the benefits of transit but didn't really get to the core of our question, which was where are the tax dollars going and how is that benefiting our residents? So we went last legislative session and filed Senate Bill 1370, which passed through the Senate, but later died in the House with the same promise that we would go home and would have a quantitative analysis produced during that same time. Immediately following the session with the mayor and other mayors in the region requested a more broad look at transit for the future. And that's transit 2.0, which many of you have heard about and have had briefings on. And at that time, dart also engaged Ernst and Young Associates to conduct this value analysis of the 13 Dart member cities in 2024, six, including Plano, passed resolutions to return funds from the agency to the city. Concerned again that we were not receiving the value of the $0.01 in services and we were able to obtain. Finally, the E results. As you can see there, Plano was by far the most underwater in terms of what we put in as an investment versus what we received in spending, with 65 million being spent in other communities not even receiving $0.50 on the dollar. That prompted us to move towards the legislative session. I will also add, though, our first stop was not the legislative session. So we did meet. And with Dart leadership, we actually hosted them here. We had discussions about service enhancements, things that would ultimately keep us out of Austin, unfortunately, the mobility funds that we had requested were denied at that point, and so we continued moving forward for a more structural change later through that process. As legislation advanced, Dart did provide a proposal that was very similar to what we had asked for at the time, but had at that point, we had already gotten into the legislative process and were committed to a structural change. So a brief overview of last legislative session. The six cities listed there supported the efforts for a structural funding change of the agency that would have provided 25% back to cities that were in a situation that we found ourselves in in 2023. Dart actively opposed those efforts. Despite that, we did have a bipartisan support passing that bill out of the House Transportation Committee, but unfortunately, it died in the calendars Committee on the Senate side, the Senate, although we had strong authors supporting the effort, the Senate elected not to hold a hearing on that bill. So the Dart proposal that was put forward, they did pass a resolution enshrining that proposal. The you have probably heard about public hearings that are coming up about service changes and reductions to fund that proposal. It does include, in future years, a change to the methodology that we saw in the EA study. And so that is an element of concern for staff. And to date, no funding has been allocated by Dart for this proposal. And so we are actively monitoring that for us. From a staff perspective, we would propose from the council that we would continue to monitor the proposal, coordinate with our other concerned cities and continue researching the best transit options that would best serve Plano. We hope that it is our transit partner, but if we need to seek other partners elsewhere, that's going to be part of the information that's brought forward to you. But we will be bringing forward all options in the coming months for your consideration. So with that, I'm happy to take any questions, any direction for staff. Mayor Pro Tem Andrew, I want to thank you. You worked really hard in trying to get our get direction from the council to the legislature. And I know that you were working day and night on this, and we really appreciate that and I really appreciate that. But I do have a question about the E chart. If you could put that back on. Certainly. So now sort of walk me through this. And the only thing that I'm actually interested in is Plano. So it looks like this is a one year expense and chart. Am I correct about. Yes. And some of the rhetoric we heard from the agency was this is a snapshot in time. And we would agree it is a snapshot. And that's what's most concerning is that this is only for year 2023 that this study was done. And we're concerned and we visited with the consultants and they shared our concerns that this is indicative of a pattern. And without significant structural change, we have no reason to believe this pattern is going to change in the near future. So the $0.01 that we sales tax that we give to fund Dart in one year, how much does that equate to. Now we're closer to 115, 117 million a year. At the time, it was 109,000,109 million. So when you talk about the operating expenses for Plano, is that 35% of the $109 million is coming, going to Plano. Is that what you're saying? Roughly? Yeah. We were not receiving even $0.50 on the dollar. It ended up being 44, 44 million, 44 million, 44.6 million was spent in Plano of the $109 million that we funded the Dart in that one year, one year alone. Yes, ma'am. And if you look elsewhere on the chart, you can see there are other cities that are recipients of those. We were largely termed a donor city. And so we donated that $65 million in that one year that went to other cities. You see, the 65 million. Is that from the total? From the total, right. So if you were to subtract the 109 that we put in versus the 44 we received back, that would be 65. And there were other cities other than Plano who were donors to the system. You can see, of course, Dallas being the largest recipient of the dollar in, dollar out model. Others were on par. And as we've said in the past, we're not we realize we're part of a system. It won't always be dollar for dollar, but not even receiving $0.50 on the dollar is very difficult to defend. That's right. So basically that's the reason once this report came out, we did talk to dart about this and our concerns. We did we voiced those concerns. Unfortunately, it was not until December, I believe this report came out in the late summer, early fall, and it was not until December that the Dart board actually took this up as as an issue. By that point, legislation had already been discussed and it was in fact stated. We were told that had we not pursued the legislation, we would not have a proposal on the table today from Dart. And we we've tried to communicate with them for many years before we even explored the option of going the legislation route. Am I am I correct? That is correct. Thank you very much, Andrew, I appreciate you. Yes, ma'am. Thank you. Andrew, I think we have a speaker. Lisa. We do Shelby Williams, and he'll be speaking on both this item and the next one. Thank you very much. Mayor and council Shelby Williams, humble Plano citizen. I, I kicked this off more than five years ago seeking dart reform and modernization. And for as many of you know who have been on council for some time and I'll share with the newer members of council through three legislative sessions in a row. Now we have gone to bat trying to have meaningful dialog, get some meaningful change on behalf of the city of Plano and our citizens. And for three legislative sessions in a row, we have basically been playing Charlie Brown and Lucy with the football. Promises are made. Then as soon as the legislative session is over, it evaporates. We have not been able to have any real, meaningful consideration of change, and the fact remains that the city of Plano pays more into the Dart system than it does the entire Plano Police Department. The city of Plano pays more into the Dart system than our residents pay in property taxes, and this is a dramatic imbalance. And even out of the $44 million that was spent in Plano, by no measure can it be considered to be spent well and provide $44 million worth of value. What I've been advocating for a long time is that dart makes sense for everybody involved. The fact that no other cities have wanted to join the Dart system in 40 years is a marketplace statement. Because they know the value proposition is upside down. The fact that very few people choose to ride dart when it is available and how it's available is, again, a marketplace response. And as staff brings before you the options to consider, I urge you to think about just how upside down the city of Plano is and the fact that, in my observation over the past five years, Dart no longer exists primarily to serve the people for which the system was created, but primarily exists to serve itself, as we've seen through three legislative sessions. Now, I would like to spend a moment and recognize Andrew Fortune and Steven Tanner for their yeoman's work in the legislature this year. They, as Mayor Pro Tem two, said. We're working night and day, literally. And so I want to applaud their efforts. So switching gears from dart or switching tracks from dart, I'd like to thank you for your indulgence, mayor, in allowing me to speak on stream bank stabilization. In brief, this is an issue I've been following for several years as well. And as you get the update tonight, I believe that our stream banks should be treated like we treat city infrastructure. Back when these agreements were made with Hoa's and it was determined that HOAs should be this HOA or that HOA should be responsible for stream bank upkeep. I think they were thinking about dead trees and dead fall and trash, not retaining walls for shifting stream banks and erosion. So I think the fair thing to do would be to treat those as as infrastructure, the way we do our roads and alleys. And some people have raised the point that the HOAs should take care of those or the property owners because they chose to live next to a creek, and so they should be paying more for that. They already do through their elevated property taxes. So just as we collect property and half of our sales tax to take care of our infrastructure, I believe we should treat stream banks the same way for purposes of erosion. Thank you very much. Thank you. Appreciate it. Okay. Our next item is stream bank stabilization. Caleb. I like. All right. Good evening. My name is Caleb Thornhill. I'm the director of engineering for the city of Plano. And as you just heard, this is what we're talking about is stream bank stabilization, drainage update. There we go. So this is going to be a very similar presentation that we gave in April. We've got a few slides that were updated based on the outgoing council's feedback. So for half of you this will be a refresher. And the other half hopefully you'll learn something new today. But here's a little bit of the history of the program. We brought this to council back in the summer of 2022. We received direction from council to proceed forward. So we've done a study on all of our streams throughout the entire city. It's 127 miles. We completed that over the spring of 23. And then the fall of 23 and the spring of 24. We did that because the vegetation is lower, so we do it over the winter months. We've walked all 127 miles, the first 30 in that first spring and then the 97 after that. We've spent the last 8 to 12 months compiling the data. We've built a database, and I'll show you that here in a minute. And then, like I said, we presented this to council back in April. So here is a picture of that. The blue was the first 30 miles that we did in the reddish orange is the second 97 that we did. So just an idea of what we're kind of looking at when they go out and do these erosion control evaluations, they look at several components of threat to a structure that could be a house, it could be a garage, that could be a pool, that could even be a private fence that's going to be along the channel or the creek. The look, the channel orientation. Is it susceptible to erosion? Is it on the outside of a bend where the water has a higher velocity? Is it on the inside where the water has a lower velocity? They'll also look at the chance of failure. Is the stream bank extremely high? What's the soil made of? The next one is the bank height. Is it? Is it very tall? Is it very short? So they look at all of these components. Is it in an erosion hazard zone. And this is an area based on the bank height and based on the bank material. Is this area likely to erode in the next one year, next two years next three years and so on and so forth. So these are all the components that they'll look at. And stability I mentioned is erosion. Is it rock? When they put together the scores for the stream bank stabilization. And then obviously the trees as well. So this is the database that we have. We have data on the entire city, the oranges areas where they have identified erosive areas. And they call those locations along their beaches or the creeks. The green is let me make sure I get this right. Is the. The green lines are aerial crossings. And then the red is going to be existing structures. So in the area that I've blown up there, the orange areas they've identified for that have erosion. The red is an existing structure that may be a gabion wall. And then the green there at the bottom of that is going to be an aerial crossing, one of our utilities. So when they went out and did the 127 miles, they identified 3000 locations that had erosion occurring. And I'll get into a little bit of the details on the severity of that. 70% of that is the responsibility of the city of Plano. 24% of that is private property, and that's residential and commercial, and then 6% is the HOA. Now the 3000 that is locations that they have identified that is not properties. Some of the locations may extend beyond multiple properties. So when we broke down the scoring we had to have a breakpoint at some point. So we did a 0 to 20 as a critical area where we felt like something needed to occur in the next year or two for that. And then the high is a 21 to a 40, and that's in the next two years. And then the median, the low and the very low. But we needed to somehow separate these so we could address what projects needed to occur first. So when you break that down, over the 3000 locations that we identified, 1% fall in that 0 to 20, which is the critical we're calling the critical. The majority of those fall within the 61 to 80, which we call the low, which is a lot better probably than we expected. And I will say that we only applied dollars to 0 to 60. We did not look at dollars of improvements from the 61 up to 100. So just to give you an example of a few critical projects, the one on the left scored a seven and a half. So again, back to that animation or that colored slide. You can see a very steep slope. You see a structure that has already failed. You see a tree that's nearly falling. You see a soil, not very much vegetation. That's why it's going to receive such a low score. And just remember, zero is really bad. 100 would be a perfect similar to the one on the left nine and a half. You have a steep slope, but the area that circled there on the left, that is a existing utility that is now exposed. So anytime it rains or we get heavy flow in that area, it's susceptible to damage. And then you have a concrete riprap that is undercut and it's potentially going to fail very soon. That's probably concrete riprap that's already washed out downstream of it. And then for high it's going to be very similar. You've got a structure that's failing on your right. You've got very steep earthen slopes on your left. The only difference may be is this is closer to a trail and not necessarily a house or a structure. A medium steep slopes. We've got some vegetation. It's not quite to a structure yet. It's near a fence on the left, but it's not in the erosion zone for the house yet. And then low. This is, like I said, where the majority of our properties fall in. You've got an existing structure on your left that needs some maintenance. You've got an area on the right that's going to have some vegetation already. Trees appear to be okay. You've got some distance between the fence. And then the last example, we've got some devices here already. Not a whole lot of things, probably just some minor maintenance. But the scored really high. I mentioned the aerial crossings. We did evaluate those as well. The one on your left, it's just beyond the bridge. Is that pipe structure. That's an aerial. We've got some minor erosion. Oh excuse me. Near the bottom of the piers that are holding up the sewer crossing, the one on your left, the area that you see kind of in the yellow color that used to be covered with dirt and now is fully exposed. So always that that's a critical one that needs to be addressed very soon. Just some projects that we have already done. Here's some before and afters. You can see that how how how close the houses were to this. So that's a gabion wall structure that we put in. Those gabion walls are about three feet tall each layer. So you can see that gets up to nearly 15 16ft tall. And that was about $1 million for that stretch. Another one. So we do have some rock here, but we have a very steep slope. And it's hard to tell from this picture. But it's the area is actually cantilevered where the dirt is on top of it, and you've kind of got it hollowed out. So again, this is another gabion structure that we put in. This was adjacent to a parking lot. So this one cost just over 1.6 million. So one of the feedbacks that we received from council back in April was what are some of the other cities doing? And more importantly, is there any participation going on. So this is a slide that we've shown a couple of times. What I ask staff to do is to kind of highlight the areas that there is participation. So Richardson has a $5,000 fee to do improvements on a private property and then commercial. It's a 50 over 50 split. And these are as of the last time that we'd seen them, Garland had a basically a one third, two third for residential and then a 50 over 50 for commercial. You'll see from the other. Dallas has used bond funding. I'm not sure how they did that since it's on private property. Frisco and Arlington do not. And then McKinney has language in there. It says if there's a safety concern. The concern that I have with that statement is safety becomes very gray. And who defines safety. So that's what the option that they have. But the participation is what the last or outgoing council had talked to us about. So from a numbers standpoint, I mentioned we did not do any construction dollars for anything that scored over a 61 or above. So we've broken this down into the critical. You can see that summary is just around 10 million or just over 10 million. And then the medium or the high to medium. So 21 to 60 is about 150 million. And so for this meeting what I've tried to do is put together a proposal just or an estimate just to do the 10.3 million, just the critical locations. Now you can see that some of those are privately owned by residential commercial hoa's you can see the dollar amounts for those. So there would be some, some, excuse me, some steps that we would have to take in order to do that. You can see the city and the parks. If you lump those together. It's about 70% of that total. So I mentioned the private property. So a couple of challenges we'll have is doing work on private property. When the plat clearly states that it's a responsibility of the property owner, the HOA or what have you. So we have had some discussions with legal. I mentioned the cost sharing could be a potential option. We've talked about plat revisions, but there's questions. Do we revise the plat for one property for the entire neighborhood? Do we require some sort of maintenance easement for that? The location you see here, there's erosion control measures that are needed very close to the house. So do we acquire that other half of that parcel? So those are all discussions that we've had. And what we've realized is it's really going to be a case by case basis, depending on the property, depending on if there's obstructions. Do they have a pool in the area that we need to put some kind of a measure? Do they have a fence? What the issue may be, you know, is there going to be impact to the zoning ordinance because now the lot is too shallow. So those are all things that we would have to evaluate per property, depending on how we move forward. So I mentioned I used that critical dollar amount. So the 10 million and what we would need to do and what we have estimated we need about $3 million a year in order to address the $10 million worth of critical projects that would have us finish those in the next 2 to 3 years. So in that time frame of criticality, if we needed additional $3 million, that's about a 30% increase of our drainage fee. And you can see on the far right in red is increasing our drainage rate by 30%. Currently as of November 2020. That's the last time we had a change. It sits at $5.40 now. That's an average. We have four tiers. We'll go into the details of that, but that would be a 30% increase to do just the critical project locations. And that's this is for residential and this would be for commercial. So again a 30% increase for commercial properties. So next steps obviously we're here tonight to give an update. Excuse me. And we'll be the plan is to receive feedback tonight. I know there's some citizens that are going to be speaking on this but but to take your feedback come up with a proposal or solution. Bring back those recommendations. This September we'll work with Karen and Budget to determine what the impacts may be to the drainage rates. Bring that back this fall. And then once we do that, we would move forward with design contracts for individual locations and then start construction on that after that. So that would be the steps that we would follow. So with that, and I'm sorry, I skipped right over Allison and Russell here. Allison Smith and Russell Erskine are two of our engineers and been really heading up and doing the heavy lifting for this, so I apologize. But with that, open it up for any questions. Rick. Thank you Caleb. That was a great presentation. As before, I do have a question with regards to your estimated cost. Was that based on placement of gabion walls? Strictly, it really depends on the location. But Gabion walls is going to be our primary use, especially with the steep bank. Now there may be a gabion mattress, there may be some other. So it was really dependent on the location. And that's what I would I guess I would advise we go back and do an engineering evaluation. When we look at these, particularly the critical ones. I mean, the Gabion wall But some of the other ones. As we get lower down, it may be, you know, we can look at something along like the concrete bags that we've seen placed. I've seen placements of d size boulders with willows that seems to be esthetically a nice natural look, but those are those are things I would advise as we move forward with trying to address these, that we look at each individual sites and come up with a really engineering evaluation to come up with the best cost per linear foot to mitigate the erosion. Because again, when we're sitting there looking at 1.5 million for a length of wall, that's a significant length of wall there. Plus it looked like it was fairly high, 15 to 15ft. That's not counting the foundation work that you have to place before you put the gabion wall in. So that's all I'm advising. I'm just I know this is an early on engineering estimate, but again, as we move through this, there's other alternatives to that. But sure. Thank you. Yep. Bob. Hey good afternoon Caleb. First question I have is how much life do we get out of that work? When you put it in put in the walls or the mattress or whatever it is you decide to do, and then are you accounting for all the paving that's going on upstream and all the extra flow that we're expecting to come over the next 20 or 30 years? Yeah. So let me try to answer the first one. So the life of that is really similar to a road as far as it depends on how well it's maintained and how much traffic or whatever it gets. So if we put in a gabion basket and we do it correctly, contractor puts it in, we should get 30 years of life from it similar to a concrete road. Now if something changes, if it has a pothole or one of the baskets starts to fail, the sooner we can address that, the better, because we're going to restabilize that. So it's very similar to road, but we expect to get 30 years of life out of those. As far as the drainage, all of our drainage calculations are based on fully developed. So while the flows may have seemed to increase over the years as areas have developed and we've added concrete, when the creeks were designed in these areas, they were developed as if all that would be turning into concrete and redeveloped. So I hope that answers your question on that. Yes it does. Thank you. Steve, I'm I'm a believer in some degree of ongoing maintenance. And I'm wondering if by concentrating only on the critical, which is in of itself a huge task, are we making this far more expensive for ourselves by ignoring the ones in the middle, that if we took steps now, we could prevent having to have, you know, much more expensive fixes down the road. Yeah. So it's a really good point. And we we've had the same discussion of how much do we maintain and how much do we go actually go in and do a replacement. What we don't have at this point is a baseline as far as we've done the study initially, but we do not know how much this area is going to continue to erode. Some of these projects may not be critical, or they if they're in critical, they're obviously going to stay there. But some of the ones on the border, depending on all these conditions that I mentioned earlier, we don't know how many of those are going to move to critical. The plan right now is in 2027. So about five years after our initial study, we would come back and re walk the creeks to see what the degradation rate is, to see how much is critical at that point. If we address over the next 2 or 3 years get the critical, we would then have funding to potentially move into more of the maintenance type projects. In 2027, we would walk the creeks again and then see what our erosion rate looks like and see if that's an appropriate rate to continue. Or did we address all the critical and they are no longer there and there's not an issue. And we've got great streams. I don't think that's the case, but we just don't know how much we're going to see from an erosion over the next five years. Thank you all. Thank you, mayor, to get up to the 30 year life expectancy for these projects, who's responsible for maintaining these? Would it be the private property owner or would be the city? So right now if we put it in we are maintaining it okay. And then do we have any cost projections of how much it is to maintain those over the years? Is it like laborers? Is it patchwork? It really depends on what the issue is. If we have a basket come loose, it could be as cheap as a 10 or $15,000 fix. If we have a wall fall down, it could be a full replacement. You know, you saw some of those pictures where we have pipe exposed, right? You know, we may have to go back in there with a gabion structure or some sort of other concrete protection around it. So it really just depends on it's hard to say what that number might be, but are we allocating any budget for that in the event. Because obviously something's going to be need to be. So we do partner with public works. They will go out and do some of that, but it's limited. And we actually do some projects on our end. But it really just depends on the location. And, you know, is there is there a structure that's present that's in danger or we have a concern about that. We need to do this location. Right. It just really there's several factors that come into it. Okay. And then I noticed there's a slide, I think it was 17 or 18 that it had the list of projects. If you can go back there please. Do we know how many from those lists might go to the critical? Are you talking about this one? No. It was like a graph chart. But my question to that slide was do we know how many of those are going to jump to the critical. We don't. And that's that's where until we do an additional evaluation we won't know what that erosion rate is. Okay. And then another you're sorry. And some of your examples, it showed a cost estimate of 150. And it showed one 6120. What's the distance or length of that. Because like these examples doesn't really show to me how much for 325,000. How much do we maintain square footage wise. So I'd have to pull them up intellectually to tell you each location. Like I said, some of these locations, you can see the one on the left there that's going to be a location that's probably going to stretch across multiple properties. You can see based on height, because you also mentioned there's 3000, but those are multiple properties within those 3000. So just those details is making me want to realize and drill down on the numbers a little bit more. But I'll ask questions. More on that okay. Thank you. All right. Thanks, Caleb. All right. We're going to open the regular meeting and then we'll get to the speakers as soon as we'll come right back to it. Okay? I now declare that the Plano City Council is reconvened into open session. That all members are present. We'll begin tonight's regular meeting with the invocation led by Pastor Terry Boltz with the Northeast Bible Church and the Pledge of Allegiance and Texas Pledge, led by troop 3000. Charter organization. Resurrection Lutheran Church. Would you all please stand? Mr. Mayor, thank you for this opportunity to pray on behalf of this meeting. And now, father, I've been invited to invoke your blessings upon this meeting. In order for your blessing, I believe we have to be in accordance with the direction of your son who told us to pray. Your kingdom come, your will be done. And so we ask your guidance today for every decision that must be made. You said in your word that if we ask if we're lacking in wisdom, we should ask you only ask in faith and you'll give it in great abundance. And so I pray that there would be an abundance of wisdom from on high for the decisions that will be made in the meeting business meetings that has to be conducted, that could impact hundreds to thousands. We need your direction. And so I pray your blessing upon the mayor, all of the council, all those participants in the city of this great city of Plano. Let your name be glorified that your people be benefited. We trust you for these things. In your son's holy name. Amen. Thank you. Will you please join me in saying the Pledge of Allegiance and followed after the Texas Pledge? I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Honor the Texas flag. I pledge allegiance to Texas, one state under God, one indivisible. Thank you. Be seated please. Okay. Did you guys. Do you want to just take the picture? Now? Let's do it. Hi, guys. Come on guys. Thank you guys for doing this. There you are. Whichever one you want. Thank you. You're welcome. Yes. Okay. Thank you. Okay. Thank you. Yeah. Thank you guys so much. Thank you. Yeah. Oh. Are you sure? Absolutely. Okay. My pleasure. Yeah, yeah. Okay. Yep. All. Right. Thank you so much. Yes. Okay. Okay. I never seem to forget it. Ever. Okay. Thank you. Can you read it? Sure. Okay. Hello. Council and Mr. Mayor, thank you for having this happy birthday party tonight. And Congressman self I'm Susan from Congressman Keith Self's office. And he's not able to be here tonight. But he sent his greetings and warm wishes for a congratulations. And the letter reads, congratulations, Mayor Muns, congratulations to the residents, leaders and business businesses of the City of Plano on the occasion of the 150th anniversary 52nd anniversary, Plano has grown from humble beginnings into a nationally recognized center of motivation, business and community. I'm having a hard time seeing that it is small. Well, it's small. I'm impressed. It's small from In the Shadow home to major corporations such as Toyota, Toyota of North America and Frito-Lay. Plano is a key economic engine for our region. The city also has been recognized as its exceptional park system, award winning digital services, and leadership in water conservation. Its designation as a tourism friendly, Texas certified community is a testament to the continued growth and hospitalit, as Plano celebrates the significant anniversary, it stands as a model of progress, resilience and community spirit. The achievement of the last 152 years lay a strong foundation for continued success and innovation in the years to come. Once again, congratulations to the city of Plano on the remarkable milestone. It is an honor to represent such a dynamic and forward thinking community. Sincerely, Keith Self, member of Congress, Texas Congressional District three. Thank you so much. You're very welcome. Thank you. Thank you very much. Thank you. We do have one proclamation, and it's in honor of Juneteenth coming up in just a couple of weeks. Whereas on January 1st, 1863, President Abraham Lincoln issued the Emancipation Proclamation, which declared, among other things, that all persons held as slaves within the rebel states are and henceforward shall be free. Juneteenth, also known as Freedom Day, Jubilee day, Liberation Day, Emancipation Day is a holiday that celebrates the emancipation of those who have been enslaved in our nation. And whereas in 1860, shortly after receiving his freedom, Andy Drake became the first black man to settle in Plano, and soon thereafter Drake was joined by his fellow farmer and friend Mose Stimpson in founding the Douglass Community, one of the oldest neighborhoods in Plano. For many years, the Douglass community operated its own self-sustaining community, with retail stores, funeral home, a hotel. Due to ongoing segregation, Drake and Stimpson are honored as the patriarchs of the community with the Stimpson Drake Park named after them, whereas direct descendants of Andy Drake and Mose Stimpson continue to embrace their heritage by memorializing past achievements and by the resolve to inspire others in their mission to educate all of Plano, Collin County and the entire DFW metroplex in knowing Juneteenth is a celebration of freedom. Now, therefore, I, John Muns, mayor of the City of Plano, Texas, do hereby proclaim. Monday, June 19th, 2025, as Juneteenth Day in Plano and the State of Texas. And I do thereby encourage all citizens to join me and the Plano City Council in honoring the many contributions of the Douglass community and the City of Excellence as we look to celebrate the blessing of freedom this day and every day. Congratulations. Thank you. Preliminary. We'll go back to the preliminary open meeting, and I believe we have some speakers. Yes, sir. We do. We have five speakers on this topic. The first one is Brant Lemke. Thank you. Good evening. I'm Brant Demke, president of the Hills of Indian Creek. Hoa an hoa of 122 single family homes in West Plano. I'm here on behalf of our neighborhood, where 20 homes back up to a natural creek over 40 years ago, when our subdivision was developed, the city and developer assigned long term erosion responsibility to an HOA that wasn't even yet formed. Since then, the area around us has grown massive development, increasing Plano's tax base and significantly increasing stormwater runoff. Today, runoff from the streets, alleys, parking lots, and even parts of Willow Bend Mall is channeled into our creek far beyond what it was ever intended to handle. This increased flow has led to serious erosion directly tied to city infrastructure and growth. Yet the financial and maintenance burden for stabilizing these stream banks banks is falling on our HOA. That's a structural flaw, not simply a maintenance issue. And it's fundamentally unfair. We already pay monthly drainage fees to the city to maintain the stormwater system. That system includes storm drains, culverts, and creeks. These creeks aren't just natural features, they're an essential part of Plano's stormwater infrastructure designed to safely carry runoff out of neighborhoods and out of the city. The city's website rightly states that, quote, every property in Plano contributes to stormwater runoff. Therefore, each property owner should participate in the cost of operations and management of the city's drainage system, unquote. That's a sound principle, but not being applied fairly. A small percentage of neighborhoods like ours are being asked to carry far more share of the of this cost. Stormwater management should treat all components of the system, including creeks, as core city infrastructure, and it should be funded equitably. This is an opportunity to bring consistency and fairness to a vital part of Plano's infrastructure. We respectfully ask the Council to adopt a policy making the city responsible for residential stream, bank maintenance and erosion control. Thank you for your time and consideration. Thank you. The next speaker is John Zirin. Good evening everyone. My name is John Zirin. I serve as the treasurer of the Hills of Indian Creek Homeowners Association. Our HOA consists of 122 homes and operates on a modest annual budget of $16,750. Under our governing covenants, any expense beyond our annual budget must be approved through a special assessment requiring two thirds majority vote. Here's the challenge only 20 of our 122 homes have frontage alongside the creek. This makes it virtually impossible to secure enough votes to fund erosion remediation within the creek easement. In past council meetings, there have been discussions about cost sharing between the city and homeowners. While well intentioned, this process won't work in our community due to the structure of our HOA and the limited number of directly affected properties. Meanwhile, every one of our homeowners pay the City of Plano's monthly drainage fee, designed specifically to support city wide stormwater infrastructure including creeks. Yet, despite paying into this system, we are also being expected to privately maintain and fund repairs to the creek that runs through our neighborhood. This is unfair and unsustainable. The City of Plano's own website addresses this issue directly. In its FAQ section, it asks why am I being charged a drainage fee? The answer every property within the city of Plano contributes to stormwater runoff. Therefore, each property owner should participate in the cost of operations and management of the city's drainage system. We agree, but if that's a standard, then the city must assume responsibility for maintenance and erosion control. The stream breaks steam stream banks across all residential areas, not just push it onto small homeowner groups based on the proximity alone. We respectfully ask the council to develop a citywide policy where the city takes responsibility for the preventions and remediation of residential stream bank erosion. This approach is equitable, consistent with the intent of the drainage fee, and crucial for protecting neighborhood infrastructure across Plano. Thank you for your time and consideration. Appreciate it. Thank you. The next speaker is Nancy Markham. Hi. Nice to see many of you again. I was here last time. My name is Nancy Markham and I'm a 23 year resident of the Hills at Indian Creek. I'm a creek lot owner and a local realtor. And over those 23 years, I've watched the creek behind my home change with major storms. The water level rises higher than ever before. This isn't just a natural fluctuation, it's the direct insult, a direct result of continued development upstream and beyond our HOA boundaries. As more stormwater funnels into this creek, it accelerates erosion. The erosion is no longer occasional. It's ongoing and increasingly destructive. While the city has assigned ownership of this creek to our HOA, it's clear the erosion we're seeing is not our doing, and we don't have the financial means to fix it. At some point, remediation will be required, and when that time comes, there will be no realistic way for HOA to cover the costs. That is why we are asking the city to adopt a forward thinking policy. Treat all stream banks as critical infrastructure just as roads, sewers, public utilities and commit to maintaining them. Why not wait? Because this uncertainty affects property values. As a realtor, I can tell you when a creek lot comes on the market and buyers learn that erosion is the hoa's responsibility. With no city support, they often walk away and that hesitation does not stop creek lots. Buyers of non creek homes in our HOA worry too because they are expected to foot part of the bill for the erosion they didn't cause. The longer this policy gap exists, the more property values and homeowner confidence will be at risk for the sake of real estate values, homeowner peace of mind, and long term city planning. Please take steps now to change the current policy before more stream banks become critical and more damage is done. I appreciate your time. Thank you, thank you. The next speaker is Joey seven. Sorry. Good evening. New council members, welcome to City Council and thank you for your willingness to serve and help handle decisions like stream bank stabilization funding. I always start off this presentation with the bottom line. Bottom line up front is stabilization of stream banks in Plano should be included in the city of Plano's infrastructure maintenance budget. My name is Joey seven. I live in Plano. I'm here tonight representing the estates of Wooded Cove We, which comprises of 158 homes between Custer and Independence. McDermott and Hedgcoxe. Our neighborhood has a drainage waterway of about 2000ft, which passes through and flows into Russell Creek. At the northern end of the waterway, there's two seven foot, two seven footers, seven foot square conduits draining water into that little waterway from 240 acres north of and outside our subdivision. And this is all residential property. And one of the things we learned was on our research is that 90% of the water from residential homes, where there's driveways and homes, etc, etc, 90% of the water is runoff 90%. So when it rains two inches in Plano, like it did a couple days ago, that's a lot of water. We have two sites where erosion is a real problem. There's one more serious than the other. I think it was actually illustrated on the picture. Was that one of our sites up there, Russell? No. Okay. It looked just like it. So anyhow, it's more difficult. I mean, it's more complicated, more critical than the other site. It's about four feet from the homeowner's fence and about 50. It's about 15ft from his swimming pool, and it's about a 12 to 15 foot high wall. And but there's three points about this site that I'd like to point out. One of them is that our subdivision plat states that the HOA is in charge of maintaining one side of the waterway, and it gets a little complicated when we start slicing and dicing this, but we're responsible for one side of the waterway, whereas the city is responsible for the other side. And the side where the water is maintained by the. The waterway is maintained by the city. It has a 24 inch drain that comes from a parking lot from the elementary school. And we believe that that is contributing to the problem where it's making a turn on the creek and it's increasing the velocity. Like Caleb said, you have to worry about the velocity of the water going around, and that's what's contributing to the to the problem. The other problem is the definition of maintenance. It's lacking. We don't know what it means, but we don't believe that homeowners association is responsible for repairing stream bank erosion resulting from discharge of heavy water flow originating outside our subdivision. So stream banks stabilization should be in the budget for maintenance. Some of my fellow Plano residents might wonder why should they pay for streambank erosion problem in our neighborhood? Your time is up, but go ahead and go ahead and wrap it up. Okay, well, it's the same reason why we pay for street repairs that are not in our neighborhood. But let me let me give a shout out to the city engineering department. Russell and Allison, thank you for their help. Thank Rick Horn for coming out and visiting two weeks ago. I appreciate that. And SMU graduate students and professors from helping us out a year ago. So thank you for your attention and I'll send you my information. If you have any questions, I'd invite you to come out to our site and actually see it personally. So thank you. The last speaker is Mary Agnes Clark. And I've already talked. And can you tell? Congratulations, the honorable Mayor Muns, for your new term and the four new members of the city council. I'm Mary Agnes Clark. I have been a resident of the city of Plano for 26 years. My background is sales marketing management and leadership for Southwestern Bell Telephone, AT&T, and Ernst and Young. So I come with a business background looking at this. I served as our HOA president, involved with the HOA from 2001 to 2008, and then I was also involved in the Plano Homeowners Council, which you would have known Jim Wilke, sir. And he helped teach me a lot of things that I learned. City of Plano has always stepped forward and helped. There are quite a few projects that I'm very aware of because I was involved in them. The one of the ones would be flooding of homes. There was a water feature on the golf course. It flooded homes. The city of Plano stepped in and they expanded the sewage. The sewer department, sewer department, I wish it were that. And then there was also drainage from the golf course, draining through homes on lots in certain hundred block in on Pelican Bay, another power surge. They didn't get involved with that crime in the homes. We had pit bull dogs and drug sales. It's not a long while ago, Muirfield circle fence. And that's when I really got to know Paige Mims, because she was involved with that 55, 55 foot steel, structurally engineered fence that got removed thanks to the legal department. Quite frankly, I got involved with Modo Mesh. When you all needed some help, I stepped out and I called the chairman of encore, and in one conversation and one conversation, he agreed. He said, it's done. I'll do what you need to do. We don't need to do the arrangement with the modem mesh devices on all of the light poles will just do the attachments a little bit differently. So that got done. And then electric issues, you didn't really have to get involved with that. We were having too many power outages in our neighborhood due to a power surge. And again, encore stepped forward and they had expanded hours. My time up 41 seconds. So I would agree that I would love to see the infrastructure involved with taking care of the creek for us. I'm one of the 20 houses as Nancy is another of the 20 houses. I have a situation someone was asking about the longevity of a gabion wall. The gabion wall behind my house was built in 40 years ago, 40 years, and now back then they had chicken wire and that that wire in the water rusts and the rocks start to fall out. They now use PVC coated chicken wire so that, you know, it doesn't rust. It'll last till the dinosaurs come home. So Mayor Muns got involved and met with Brant and me and December 6th of 2021. We appreciate that. We've talked with Jack Carr, we've talked with Paige Mims and many others. So thank you all. Thank you. Thank you all for your feedback. We'll continue to receive that feedback from other parts of folks that are also having these issues, and come up with some solutions during the summer to present to our community in September. So thank you so much. Our next item is consent and regular agendas. Is there an item on the consent agenda that Council member would like to remove? Okay, okay. Next item is any items for future agendas or discussion. All right. Let's move back to the regular meeting and go to Consent Agenda. Sorry. Okay. We did not have anyone for comments of public interest this evening. So consent agenda. The consent agenda will be acted upon in one motion and contains items which are routine and typically noncontroversial. Items may be removed from this agenda for individual discussion by a council member, the city manager, or any citizen. The presiding officer will establish time limits based upon the number of speaker requests. Motion to approve the consent agenda second. Thank you. I have a motion, a motion and a second to approve the consent agenda. Please vote. Motion passes 8 to 0. Thank you. Next item items for individual consideration. Public hearing items. Applicants are limited to 15 minutes presentation time with a five minute rebuttal if needed. Remaining speakers are limited to 30 total minutes of testimony time, with three minutes assigned per speaker. The presiding officer may amend these times as deemed necessary. Non public hearing items presiding officer will permit public comment for items on the agenda not posted for a public hearing. The Presiding Officer will establish time limits based upon the number of speaker requests, length of the agenda and to insure meeting efficiency, and may include a cumulative time limit. Speakers will be called in the order the requests are received until the cumulative time is exhausted. Item number one public hearing and consideration of an ordinance to repeal in its entirety. City of Plano Ordinance Number 2022. Dash one. Dash ten, codified as article two Building Code of chapter six of the Code of Ordinances, adopting the 2024 edition of the International Building Code with certain additions, deletions, and amendments as the building code of the City of Plano and providing a repealer clause, a severability clause, a savings clause, a penalty clause, a publication clause, and an effective date. Good evening Council. So Samantha building Inspections chief building official, also have Gary Miles, our assistant building official, here to answer any questions. As you may recall in your memo, we have in compliance with our House Bill 738 from the 87th State Legislature, have an open hearing for the building code. And so you also may remember that in your memo there was three letters, one from the North Central Texas Council of Governments recommending approval of all codes, with amendments from the Dallas Homebuilders Association. You had a letter in your packet and also from the Building Standards Commission chair, letting you know that we had all our hearings for each of the codes. And so if you have any questions concerning the building code here to answer any questions. Any questions for staff on item one. Rick. Yes, thank you very much. I know this is a complex. It wraps up many organizations. Do you recall from any of your meetings if there was any particular point in the ordinances that generated some consternation or some areas of disagreement that was more vocal than others? Do you remember if there was anything like that in any of these? I know that we all kumbaya in these meetings, particularly with Cog and all the areas there, but was there any such area of consternation? Yes, but it is not in the building code, but in the Council of Governments we go through all the codes. It was in the fire code. And it's an issue that Plano has already taken care of. And it's I don't know if we have anyone from fire here, but it's basically already taken care of as we have taken our own amendments concerning an appendix L, which is a er replenishing system to help firefighters as they go, do have to carry a lot of gear. They have air packs on their back. And so and I really am getting out of my lane here, I was more of a listener than anyone else, but basically I think they have a 20 minute air supply. And so the code allows installation of a pipe system in only high rises in certain warehouses. And so that is something that's in the code now. It's a subject of, of a controversy whether you need it or not. Plano thinks we need it to help keep our firefighters safe. So that was that was the item. So we adopted a more stringent code for the protection of firefighters and occupants within the building. Yes, sir. Yes, sir. We did. Great news. Thank you. Mayor Pro Tem. Thank you. Also, I just want to make sure for both this one, this item as well as the next item, really what we're doing is repeating what we already have. But to adopt what is the general standard for the international code that's been reviewed evaluated by. Was it not in North North Central Texas Council of Governments? Yes. But specifically this is for the building code, the International Building code, this one, this item, this this agenda item is for the building code. Yes. Yes, ma'am. For both. The next one is residential, but this one is the building code. Yes, ma'am. All right. Thank you so much. All right. I'll open the public hearing. I think we have a speaker. I have that on the next. Oh, is that the second one? Yeah. Excuse me. I'll close the public hearing, confine the comments to the council. Deputy mayor, motion to approve. Second. Thank you. Have a motion. A second to approve. Item number one, please vote. Motion passes 8 to 0. Item number two. Public hearing and consideration of an ordinance to repeal City of Plano. Ordinance number 2020 two, dash one. Dash 17, codified as article 20, Residential Code of Chapter six of the Code of Ordinances, adopting the 2024 edition of the International Residential Code with certain additions, deletions, and amendments as a residential code of the City of Plano, providing a repealer clause, a severability clause, a savings clause, a penalty clause, a publication clause, and an effective date. Yes, Council. I'm still I'm back for the Residential Code 2024 and here to answer any of your questions. All of the items in the letters you had were in the same packet. And I guess I will go ahead and tell you, based on the last question we had, was there any anything? I wouldn't say it's I wouldn't term it as controversial in the residential code, but it is also an appendix that we are proposing in the packet. In appendix is called Tiny Houses. And we are proposing to adopt this appendix. It's only I believe it is only two pages in the code, but it does provide some help for any construction houses that are less than 400ft■!S. And the reasoning also comes from discussions with our planning department to help with homes that are less than 400ft■!S, whh may be useful as potentially, as we come out of the legislative season, there's a possibility that pending legislation with accessory dwelling units may come to pass. And so this appendix may help if it does happen. Okay. Any questions? Rick. Yes. Thank you also. And any of these newer you know, we're seeing new construction methods all the time. And the latest one we're seeing, it seems to have a lot of promise was the 3D printed home. Is this any anything that's been incorporated or even evaluated under the IBC with regards to residential standards here? Yes. I actually think that the printing homes, 3D printed homes is actually an appendix in the code. It was last year. I believe they don't always retain each one of them, but I think we do have that. And it's there's not a there's not a lot of information on it because we don't see that a lot. I think I've seen that built in some cities to the south, maybe Austin, but it's basically a large concrete printer. It's a bigger than the house. It goes around the exterior walls, repeatedly pouring concrete, and when it's finished, you have walls on the exterior and window spaces are left, and then your traditionally frame the house on the inside with the roof, just like you do with stick building, but you use the exterior and it's concrete, but it's new. Would there be any ordinance prohibiting the construction of said home in the city of Plano? I don't think there would be because of. House Bill 2439. I believe it is, which was a couple of legislative years ago, where it was a materials bill, basically we call it, which basically stated that anything in the building codes or residential codes would be allowed, and that was more on finishes. But concrete is a finish. Thank you. All right. Thank you. I'll open the public hearing. We have one speaker, Corey Reininger. Good evening, mayor and council members, Corey Reininger. On the occasion of it being a public hearing, I thought I'd take the opportunity to come down here and commend chief building official Matta, his staff, the Building Standards Commission for all the hard work they put in to getting all of these building codes before you this evening. In my line of work, I'm an architect and I deal with building codes almost every single day. And what you have before you tonight, to me, in my professional opinion, looks like a very good set of codes. A lot of other cities in our region don't update their codes once a decade, sometimes even longer. Some of them amend the codes to such an extent that you don't even know if the original building code is there underneath it all. So what? So what I think they've done is, is really good. And I just, I think that you all should pass this. So and the tiny homes I think is a nice addition that gives us some flexibility, some regulatory direction for when, when those changes come along in the, in the zoning code, if and when that that happens. So makes us prepared forward thinking. Thank you, thank you. I'll close the public hearing. Confine the comments to the council. Make a motion. We approve agenda item number two. Second. Thank you. I have a motion and a second to approve. Item number two, please vote. Motion passes 8 to 0. There being no further business meetings. Adjourned. See you next week. Asphalt overlays have become immensely popular, but it takes time to get the streets ready to have them applied. Streets are selected based on the amount of funds available and how that