>> Mayor Muns: I NOW DEDECLARE THE PLANO CITY COUNCIL IS RECONVENED IN OPEN SESSION, THAT ALL COUNCILMEMBERS ARE PRESENT WITH THE EXCEPTION OF COUNCILMEMBER HOLMER, COUNCILMEMBER SMITH. WHERE DID COUNCILMEMBER HORNE GO? COUNCILMEMBER HORNE. BUT THEY'RE REALLY HERE. SO OUR FIRST ITEM ON THE AGENDA, PRELIMARY ENDA, IS CONSIDERATION AND ACTION RESULTING FROM EXECUTIVE SESSION. OUR NEXT ITEM IS PERSONNEL REAPPOINTMENTS, COMMUNITY RELATIONS COMMISSION. >> Ricciardelli: MR. MAYOR, COUNCILMEMBER HORNE AND I HAVE CONFERRED ABOUT THIS AND WE WOULD LIKE TO REAPPOINT PRISCILLA BROWN, JOHNNY SINGH AND LAVITA VOIKU. AVING ONE INTERIM POSITION. I WILL SO MOVE. COUNCILMEMBER HORP IS RIGHT THERE. >> SECOND. >> Mayor Muns: I HAVE A MOTION AND SECOND. PLEASE VOTE WITH YOUR HAND. MOTION AND SECOND TO APPROVE THE COMMUNITY RELATIONS COMMITTEE APPOINTMENTS. ALL IN FAVOR? MOTION PASSES 7-0. NEXT ITEM IS THE COMPREHENSIVE MONTHLY FINANCIAL REPORT FOR JUNE OF 2023. HI, DENISE >> HELLO. GOOD EVENING. I'M DENISE TACKE, THE FINANCE DIRECTOR FOR THE CITY OF PLANO, AND I'M HERE TO PRESENT THE JUNE 2023 COMPREHENSIVE FINANCIAL REPORT. SO THIS SLIDE REPRESENTS OUR REVENUES COMPARED TO BUDGET BY FUND. THE GENERAL FUND HAS REVENUES OF 282.4 MILLION, REPRESENTING 91.3% OF THE TOTAL ANNUAL BUDGET. THE WATER AND SEWER FUND HAS 140.5 MILLION IN REVENUES, WHICH REPRESENTS 73.7% OF THE TOTAL ANNUAL BUDGET. THIS SLIDE IS OUR EXPENDITURES COMPARED TO BUDGET BY FUND. THE GENERAL FUND HAS EXPENDITURES OF 213.2 MILLION FOR THE FIRST NINE MONTHS. THAT REPRESENTS 70.9% OF THE TOTAL ANNUAL BUDGET. THE WATER AND SEWER FUND HAS EXPENDITURES OF 108.1 MILLION. AND THAT REPRESENTS 69.4% OF THE TOTAL ANNUAL BUDGET. THIS SLIDE REPRESENTS THE NET CHANGE IN FUND BALANCE FOR THE PAST THREE YEARS. IN THE GENERAL FUND FOR THE FIRST NINE MONTHS OF THE FISCAL YEAR, THE FUND BALANCE HAS INCREASED BY38.9 MILLION. THIS IS OVER $7 MILLION LOWER THAN IT WAS AT THIS TIME LAST YEAR. THE WATER AND SEWER FUND BALANCE HAS DECREASED BY 949,000. THIS IS BETTER THAN PRIOR YEAR WHEN WE HAD A FUND BALANCE DECREASE OF 1.4 MILLION. ENVIRONMENTAL WASTE SERVICES FUND HAS DECREASED BY 553,000 AND MUNICIPAL DRAINAGE FUND DECREASED BY 1.1 MILLION. THIS IS OUR GENERAL FUND REVENUES. THEY'RE HIGHER THAN THE PRIOR YEAR BY $12.2 MILLION. THERE WAS A DECREASE IN PROPERTY TAX REVENUE OF $372,000. HOWEVER, SALES TAX REVENUES INCREASED OVER THE PRIOR FISCAL YEAR. OUR FRANCHISE REVENUES WERE ALSO UP BY 1.3 MILLION, DUE TO INCREASED USE OF GAS AND ELECTRICITY. INTEREST INCOME INCREASED DUE TO RISING INTEREST RATES IN THE MARK TO MARKET ADJUSTMENT, REQUIRED TO DO FOR GASBY 31. WH WE LOOK AT GENERAL FUND EXPENSES, THEY'RE HIGHER THAN THE PRIOR YEAR BY 19.9 MILLION. PERSONNEL COST INCREASED BY 10.1 MILLION DUE TO THE 3.5% SALARY ADJUSTMENT EFFECTIVE OCTOBER 2022. COST FOR MATERIALS AND SUPPLIES ALSO INCREASED 971,000 DUE TO NEW POLICE RECRUITS AND SES FOR- EQUIPMENT FOR FIRE SPECIAL TEAMS OPERATIONS. THE HEALTH CLAIMS FUND HAS A DECREASE IN FUND BALANCE OF ABOUT 3 MILLION. THIS IS MOSTLY DUE TO A INCREASE IN EXPENSES. AGAIN, THIS IS A TREND WE'RE SEEING WITH THE HEALTH CLAIMS FUND RIGHT NOW. WE'VE HAD SEVERAL LARGE CLAIMANTS. THE FUND HAS A FUND BALANCE OF 3.7 MILLION IN JUNE. AND THEN WE'VE ALSO EVALUATED OUR INTENT TO INCREASE PREMIUMS AS WELL. THIS YEAR TO PROVIDE -- AND PROVIDE SOME ADDITIONAL PLAN CHANGES THAT WE'RE HOPEFUL WILL PROVIDE SOME RELIEF HERE. THIS IS OUR UNEMPLOYMENT RATES. IN MARCH WE'RE AT 3.6% AND THEY REMAIN THE SAME IN JUNE AT 3.6%. THIS IS OUR SALES TAX FOR THE MONTH OF JULY. THEY'RE UP COMPARED TO THE PRIOR YEAR BY 10.14%. OVERALL OUR SALES TAX NUMBERS ARE LOOKING VERY GOOD. HERE'S SOME REAL ESTATE MARKET RECAP. THIS SHOWS THE NUMBER OF DAYS ON THE MARKET WAS 28 DAYS IN MARCH. THAT'S COMPARED TO 19 DAYS IN JUNE. AND THE PERCENT OF ASKING WAS AT 100% BOTH IN MARCH AND JUNE. THEEDIA SELLING PRICE FOR A HOME IN PLANO WAS AT 500,000 IN MARCH, COMPARED TO 542,000 IN JUNE. SO IT'S INCREASED SOME. AND THE PRICE PER SQUARE FOOT IN MARCH WAS AT 219 COMPARED TO 224 IN JUNE. OUR HOTEL OCCUPANCY TAX IS UP 1.4 MILLION COMPARED TO THE PRIOR FISCAL YEAR. AND THEN THIS IS OUR EQUITY AND TREASURY POOL. IT'S OUR INVESTMENT PORTFOLIO AND HOW MUCH IN THE INVESTMENTS ARE OWNED BY EACH FUND. R LARGEST AMOUNT OF THIS IS GOING TO BE IN OUR BOND FUNDS. >> I'M SORRY, DENISE. WITHOUT THE LABELS, IT'S HARD TO TELL WHAT'S WHAT. >> YEAH, THE BOND FUNDS ARE THE 36%. AND WE REALLY DID RUN THROUGH THIS THIS AFTERNOON, AND THE NUMBERS ALL SHOWED UP. >> WHAT ARE THE NEXT TWO BIGGEST PLEASE? >> HANG ON A SECOND. LET ME FIND THE CHART. >> Williams: SURE. >> IT'S USUALLY GOING TO BE THE GENERAL FUND AND THE -- I DON'T SEE IT ON HERE. OKAY. HERE IT IS. CAPITAL PROJECTS ARE 36%. THE ENTERPRISE FUNDS ARE THE YELLOW. THEY'RE 14%. SPECIAL REVENUE FUNDS ARE THE PURPLE, AND THEY'RE AT 17%. INTERNAL SERVICE FUNDS ARE BLUE, AND THEY'RE AT 10%. AND THEN TENERAL FUND IS 15%. AND THIS IS OUR INVESTMENT PORTFOLIO MATURITIES AS WELL. AND AS YOU CAN SEE, THAT HAS DROPPED THE LABELS AS WELL. AND THE LARGEST PORTION IS THE ONE YEAR AND UNDER, AND THAT'S 36.81%. THE REST OF IT, IT'S JUST -- IT'S LADDERED OUT. AND THEN THIS IS OUR PORTFOLIO DIVERSICATN. AND THEN THAT JUST HIGHLY DIVERSIFIED. THE MAJORITY OF THAT, THE 42.9% IS GOING TO BE -- THAT'S GOING TO BE MUNICIPAL BONDS. THE REST OF THEM ARE JUST A VARIETY OF DIFFERENT INVESTMENTS. NO ONE PART OF OUR PORTFOLIO CAN BE GREATER THAN 50%. SO WE'RE WIDELY DIVERSIFIED. AND I'D BE HAPPY TO ANSWER ANY QUESTIONS, AND I APOLOGIZE FOR THE PRESENTATION. >> Mayor Muns: THAT'S OKAY. THANK YOU, DENISE. ANY QUESTIONS FOR DENISE? THANK YOU. OUR NEXT ITEM IS SHORT-TERM RENTAL STUDY UPDATE, CHRISTINA DAY. >> GOOD EVENING, MAYOR, COUNCIL, AND EXECUTIVES. I HAVE A BRIEF UPDATE FOR YOU ON SHORT-TERM RENTALS. SO JUST SOME BACKGROUND FOR THOSE WHO MAY NOT BE AWARE OF WHERE WE ARE WITH THIS PROJECT, THIS WAS REALLY INITIATED IN OCTOBER OF 2022 WHEN COUNCIL DIRECTED STAFF TO DO THREE THINGS: PREPARE A REGISTRATION PROGRAM, IMPLEMENT A PROCESS TO CONSIDER ORDINANCE CHANGES, AND UTILIZE A PROCESS SIMILAR TO ARLINGTON TEXAS. WE HAD A JOINT WORK SESSION OR MEETING, REALLY, WITH THE COUNCIL AND P&Z. AND CNCIL ADOPTED AN INTERIM BAN ON SHORT-TERM RENTALS IN MAY. THEN ALSO IN MAY, COUNCIL APPOINTED A SHORT-ERM RENTAL TASK FORCE, AND WE CONTINUE TO WORK ON THE REGISTRATION ORDINANCE. SO WE'VE BEEN WORKING ON DATA AND OUTREACH. DECKARD TECHNOLOGY IS OUR DATA PROVIDER. IT IS A THIRD PARTY. WE'VE BEEN WORKING ON VERIFYING THAT DATA AND INCORPORATING IT WITH THE PUBLIC SAFETY COMMUNICATIONS SYSTEM OR 911, AS KNOWN TO MANY PEOPLE, THAT COMPUTER-AIDED DISPATCH SYSTEM. SO WE'RE LOOKING AT THE POLICE DATA. WE'RE PROVIDING A MORE ACCURATE ANALYSIS IF THAT CALLS FOR SERVICE DATA. SO LOOKING ACTUALLY WHEN PEOPLE CALL IN AND REPORT AN ISSUE, HOW THAT RELATES TO AN ADDRESS THAT WE'VE IDENTIFIED AS A SHORT-TERM RENTAL, USING, AGAIN, THE THIRD PARTY SHORT-TERM RENTAL DATA. SO CORRELATING THOSE TWO DATA SOURCES. WE PRESENTED THAT AT THE JULY TASK FORCE MEETING AS WELL AS THE AUGUST OPEN HOUSE. WE'VE ALSO BEEN USING A THIRD PARTY OUTREACH COORDINATOR, GAP STRATEGIES. THEY'VE HELD TWO MEETINGS, A JUNE 29th MEETING AND A JULY 18th MEETING. THERE WAS ALSO AN IN-PERSON OPEN HOUSE EVENT HELD LAST WEEK ON WEDNESDAY AT EVENT 1013 HERE IN DOWNTOWN PLANO. AND THAT CONTINUES AS A VIRTUAL OPEN HOUSE. THAT'S STILL ONGOING THROUGH WEDNESDAY, AUGUST 30th. SO WE THOUGHTHIS IS A GREAT OPPORTUNITY TO DO THIS UPDATE BECAUSE WE CAN PROMOTE HOPEFULLY FOR EVERYONE WATCHING THE COUNCIL MEETING, THE OPEN HOUSE. IT'S AVAILABLE AT THE PROJECT WEBSITE PLANOSTR.com. AND I HAVE SOME DATA AVAILABLE FOR YOU ON THAT A LITTLE BIT LATER. LATER IN THE MEETING. BUT I WANTED TO POINT OUT THAT THE NEXT STEPS HERE ARE THE SHORT-TERM RENTAL TASK FORCE WILL RECONVENE. WE'RE WORKING ON, AGAIN, COLLECTING THIS DATA OVER -- THROUGH THE NEXT COUE OF DAYS THROUGH THE ONLINE PLATFORM. WE'LL REPORT THAT OUT AT, AGAIN, THE NEXT TASK FORCE MEETING, WHICH WILL BE SEPTEMBER THE 13th. AND THEN THAT WILL BE USED TO PREPARE A FINDINGS REPORT FOR THIS COUNCIL AND THE PLANNING AND ZONING COMMISSION. THOSE WILL BE COMING TO YOU IN OCTOBER. WE THEN HOPEFULLY WILL HAVE IDENTIFIED SOME DETAILS ABOUT THE PROBLEMS THAT ARE EXISTING IN THE COMMUNITY AND THEN FOCUSING ON POTENTIAL SOLUTIONS IN NOVEMBER THROUGH FEBRUARY. SO WE'RE HOPING THAT THIS STUDY TIMELINE WILL CONCLUDE WITH ANY KIND OF ORDINANCE AMENDMENTS BEFORE THE EXPIRATION OF THAT INTERIM BAN ON MAY 15th. THAT'S OUR GOAL. SO HERE, AGAIN, IS THE WEBSITE FOR THE OPEN HOUSE. SO AS OF THIS MORNING, ONLINE WE HAD 732 ENTRIES INTO THE VIRTUAL OPEN HOUSE. OF THOSE, 230 PEOPLE HAD ACTUALLY ANSWERED THE POLLING QUESTIONS, AND THEN WE HAD 61 ADDITIONAL COMMENTS. AT THE IN-PERSON OPEN HOUSE LAST WEEK, WE HAD 109 ATTENDEES, AND THOSE DO NOT INCLUDE MEMBERS OF STAFF OR THE TASK FORCE OR CONSULTING TEAM. THOSE ARE OTHERS THAT ATTENDED. WE HAD 53 INDIVIDUAL ANSWER THE POLLING QUESTIONS THAT WE PROPOSED, AS WELL AS 18 GENERAL COMMENTS. SO WE'RE LOOKING FORWARD TO SEING THE DETAILS ON THESE RESPONSES AND PRESENTING THAT INFORMATION TO THE TASK FORCE. WITH THAT, I CONCLUDE MY PRESENTATION AND AM AVAILABLE FOR QUESTIONS YOU MIGHT HAVE. >> Mayor Muns: THANKS, CHRISTINA. ANY QUESTIONS? COUNCILMEMBER WILLIAMS? >> Williams: THANK YOU VERY MUCH CHRISTINA. JUST TWO QUESTIONS. FIRST, YOU NOTED THAT THE STUDY IS TO CONCLUDE IN TIME FOR ANY PROPOSED ORDINANCE AMENDMENTS TO BE MADE PRIOR TO THE EXPIRATION OF THE BAN. HOW MUCH IN ADVANCE, ROUGHLY HOW MUCH RUNWAY WOULD THERE BE TO CRAFT THE AMENDMENTS AND CONSIDER THEM AND POTENTIALLY TABLE THEM? >> RIGHT. I THINK ON OUR TIMELINE, WE HAVE THROUGH FEBRUARY IS REALLY PHASE TWO. SO THAT WILL GIVE US MARCH, APRIL, AND MAY TO -- WE'RE HOPING TO REALLY START KIND OF IN THE BACKGROUND WORKING ON THINGS AS WE CAN IDENTIFY THE PROBLEMS THROUGH THIS PHASE. THEN HOPEFULLY WE CAN START WORKING IN THE BACKGROUND ON SOLUTIONS. I THINK WE'VE HEARD A LOT FROM THE PUBLIC ABOUT IDEAS. AND SO WE CAN START WITH THE UNDERSTANDING WE HAVE OF THE ORDINANCES THAT WE HAVE IN PLACE. WE KNOW KIND OF WHAT TOOLS ARE POSSIBLE. AND SO DRAFTING SOME THINGS AND PREPARING TO BRING THINGS FORWARD. SO I THINK WE CAN DO SOME BACKGROUND WORK AND BE PREPARED WHEN THINGS END, TO HAVE THINGS KIND OF READY TO GO. >> Williams: OKAY, THANK YOU. AND NEXT, MAYBE IT'S ON THE PLANOSTR.com WEBSITE. CAN THE PUBLIC VIEW THE DECKARD DATA? >> THE PUBLIC CANNOT VIEW THE DECKARD DATA AT THIS TIME. WHAT DECKARD DATA IS CURRENTLY AVAILABLE TO THE CITY. BUT WE HAVE PROVIDED THE THE TASK FORCE IS AVAILABLE.DED- SO THAT IS AVAILABLE. ALL THE PRESENTATIONS THAT HAVE BEEN DONE ARE POSTED. SO THINGS LIKE THE GRAPHIC I BROUGHT, THESE SLIDES THAT WE SHOWED AT THE OPEN HOUSE, THIS IS STILL AVAILABLE ONLINE AT THE WEBSITE. IF WE CAN USE THE OVERHEAD OF SORT O SOME INFOGRAPHICS WE PUT TOGETHER USING DECKARD DATA. THAT'S AN EXAMPLE OF INFORMATION THAT PEOPLE CAN SEE. I CAN SHOW YOU ONE MORE. MAYBE IT DIDN'T PRINT OUT, BUT WE HAVE ALSO A MAP THAT'S SORT OF A HEAT MAP THAT SHOWS DENSITY OF SHORT-TERM RENTALS BY CENSUS TRACK. SO THINGS LIKE THAT WILL BE AVAILABLE ONLINE. >> Williams: OKAY. ARE THEY ABLE TOOOK WHERE INDIVIDUAL SHORT-TERM RENTALS ARE? >> I THINK THAT WAS SHOWN, IF MEMORY SERVES, THAT INFORMATION WAS PRESENTED TO THE TASK FORCE, SO THAT INFORMATION WOULD BE AVAILABLE IN THE LAST -- IN THE PRESENTATION AT THE LAST TASK FORCE MEETING. >> Williams: OKAY, THANK YOU. >> Mayor Muns: THANK YOU. WE DO HAVE A SPEAKER. THANKS, CHRISTINA. >> CERTAINLY. >> CINDY PATILLO. >> GOOD EVENING. MY NAME IS CINDY PATILLO, REPRESENTING THE PLANO CHAPTER OF THE TEXAS NEIGHBORHOOD COALITION. THE SHORT-TERM RENTAL UPDATE ON THE AGENDA THIS EVENING IS A REMINDER OF THE SIGNIFICANT EFFORT BEING UNDERTAKEN TO GET THIS ISSUE RIGHT FOR THE CITY OF PLANO. OUR COALITION IS EXTREMELY GRATEFUL TO CHRISTINA DAY AND THE ENTIRE PLANNING DEPARTMENT. NEIGHBORHOOD SERVICES, THE CITY'S LEGAL DEPARTMENT, THIS COUNCIL, THE SHORT-TERM RENTAL TASK FORCE, AND SO MANY OTHERS. DESPITE ALL OF THE GOOD WORK THE ABSCEF REGULATIONS AND RESS- REGISTRATION REQUIREMENTS FOR SHORT-TERM RENTALS IN PLANO. AS YOU KNOW, IN MAY THE COUNCIL PASSED AN INTERIM BAN AND PROPOSED A REGISTRATION ORDINANCE TO ACCOMPANY THAT BAN. AT THE NEXT CITY COUNCIL MEETING, THAT PROPOSED ORDINANCE WAS TABLED. IN JUNE, THE CITY PROPOSED A NEW ORDINANCE WITH SIGNIFICANT CHANGES THAT OUR COALITION BELIEVED HAD ESSENTIALLY GUTTED THE FIRST ONE. THANKFULLY, THAT VERSION WAS TABLED AS WELL. THF ACTION WAS REPEATED IN AUGUST, WHICH BRINGS ME TO WHY I'M HERE TONIGHT. WHILE OUR COATION WANTS ANY PROPOSED ORDINANCE TO SUCCESSFULLY AND FULLY ADDRESS THE ISSUE OF STRs IN PLANO, RIGHT NOW WE HAVE A DIFFERENT CONCERN. TODAY, AFTER ALMOST FOUR MONTHS, A THIRD OF THE TEMPORARY BAN'S LIFETIME, WE HAVE A BAN ON PAPER ONLY BUT ABSOLUTELY NO ABILITY TO ENFORCE IT. WE NEED OPERATING REGULATIONS AND REGISTRATION REQUIREMENTS TO ACCOMPANY AND CREATE ENFORCEABILITY OF THE BAN NOW. WITHOUT THEM, THE BAN ON NEW SHORT-TERM RENTALS IS NOTHING MORE THAN A GOAL WITH NO PATHWAY TO REACH IT. AS ALWAYS, WE WANT PLANO TO CONTINUE TO BE A CITY OF EXCELLENCE. REGULATING AND REGISTERING EXISTING SHORT-TERM RENTALS HELPS MEET THAT OBJECTIVE. SO PLEASE, LET'S FOCUS ON THAT SOONER RATHER THAN LATER. THANK YOU. >> Mayor Muns: THE CONSENT AND REGULAR AGENDAS, ITEM 5. ANY ITEM COUNCILMEMBER WOULD LIKE TO REMOVE? >> MR. MAYOR, THANK YOU. I'D LIKE TO REMOVE ITEM F FROM INVIDUAL CONSIDERATION. F AS IN FRANK. >> Mayor Muns: ALL RIGHT. >> Williams: AND I'D LIKE TO REMOVE E AS IN ECHO, BUT I DON'T THINK THERE'S MUCH THAT RHYMES WITH E THAT REQUIRES DISTINCTION. >> Mayor Muns: THAT WAS CLOSE ENOUGH. ANY OTHER ITEM? >> WE HAD ITEM J REMOVED. >> Mayor Muns: WE HAVE E, F, AND J BEING REMOVED. ANY ITEMS FOR DISCUSSION OR FUTURE AGENDAS? ALL RIGHT. THANK YOU. I NOW DECLARE 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 REVEREND MICHAEL FORGE, PASTOR OF THE PRINCE OF PEACE CATHOLIC CHURCH AND THE PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE LED BY GIRL SCOUT TROOP 4578. PLEASE RISE. >> LORD GOD, IN THANKSGIVING, WE GATHER THIS EVENING AS COMMUNITY LEADERS ENTRUSTED TO SERVE OUR . HELP US TO DO SO IN LOVE, KNOWLEDGE, AND WISDOM. CONTINUE TO BLESS US WITH YOUR GRACE, AND DIRECT US IN ALL YOUR WAYS. AND FOR THIS, WE PRAY, AMEN. (PLEDGE OF ALLEGIANCE) (TEXAS PLEDGE) . >> Mayor Muns: BE SEATED. WE HAVE SEVERAL PRESENTATIONS TONIGHT. AND OUR FIRST PRESENTATION IS BY CONGRESSMAN KEITH SELF, CELEBRATING PLANO'S 150th BIRTHDAY. IF I COULD HAVE CONGRESSMAN SELF COME DOWN TO THE PODIUM. >> RIGHT HERE, MAYOR. >> Mayor Muns: OH! [ LAUGHTER ]. [ APPLAUSE ] >> Mayor Muns: I WAS WAITING FOR YOU RIGHT THERE. I'LL HAND THIS OVER TO YOU. THANK YOU FOR BEING HERE. >> THANK YOU, MAYOR. DON'T GO ANYWHERE. 150 YEARS. WHEN I WAS THE COUNTY JUDGE, THERE WAS NOTHING MORE PLEASURABLE THAN GIVING PEOPLE RECOGNITION FOR THEIR FARMS OR THEIR CITIES FOR 100 YEARS AND 150 YEARS. SO IT'S PLANO'S TURN. 150 YEARS. NOW, THAT'S A BIG NUMBER, AND WE ALL SAY 150 YEARS. LET'S THINK OF IT IN THESE TERMS. 1873. AND PLANO WAS HERE BECAUSE OF A RAILROAD AT THE TIME. RIGHT? HOUSTON AND CENTRAL TEXAS, HOUSTON AND CENTRAL TEXAS RAILROAD. SO THAT'S HOW YOU GOT STARTED. WELL, MAYOR, I JUST WANT TO TELL YOU YOUR FAMILY HAS HAD A LOT TO DO WITH THIS OVER THE LAST FIVE DECADES. SO YOU'VE BEEN A MAJOR PART OF IT. YOU AND YOUR DAD AND YOUR FAMILY HAVE BEEN A MAJOR PART OF IT. BUT WE HAVE A LETTER, BUT WE ALSO HAVE A CERTIFICATE OF RECOGNITION OF PLANO IN CELEBRATION OF THE 150th ANNIVERSARY OF THE CITY OF PLANO. 1873. AND LOOK TO WHAT YOU'VE GROWN TO. ONE OF THE LARGEST CITIES IN NOR. YOU'VE HELD THE STANDARD FOR EXCELLENCE FOR YEARS IN NORTH TEXAS. CONGRATULATIONS MAYOR. >> Mayor Muns: THANK YOU, CONGRESSMAN. THANK YOU SO MUCH. [ APPLAUSE ] WELL, FOR THOSE OF YOU THAT HAVE BEEN IN PLO FOR THE LAST -- GOSH, WE'RE GETTING CLOSE TO TEN YEARS, WE ARE SO PROUD TO BE A PART OF THE HUNGER ACTION MONTH. AND A LOT OF TIMES WE JUST CALL IT PEANUT BUTTER MONTH. BUT THIS IS SUCH AN IMPORTANT PROGRAM FOR US IN PLANO AND THROUGHOUT NORTH TEXAS NOW. IT'S BECOME SO LARGE. BUT WE APPRECIATE PLA BNG E MAJOR PART OF IT FOR MANY, MANY YEARS. SO I HAVE A PROCLAMATION TO READ REGARDING HUNGER ACTION MONTH, SEPTEMBER 2023. SO WHEREAS HUNGER ACTION MONTH WAS ESTABLISHED IN 2008, -- IT HAS BEEN MORE THAN TEN YEARS -- BY FEEDING AMERICA AND WORKS TO ORGANIZATIONS, COMMUNITIES S, - EVERYWHERE, TO GET INVOLVED IN HELPING FIGHT THE HUNGER CRISIS. WHEREAS IN AN EFFORT TO RAISE AWARENESS AND CURB THIS TREND, WE LAUNCHED COMMUNITY INITIATIVES IN 2013 AND HAVE RECEIVED AN OUTPOURING OF LOVE FROM OUR CITIZENS LAST SCHOOL YEAR, THE NORTH TEXAS FOOD BANK DISTRIBUTED NEARLY 35,000 BACKPACKS FILLED WITH NUTRITIOUS KID-FRIENDLY SNACKS AND NEARLY 8,000 MEAL BOXES TO PLANO ISD STUDENTS, EQUAL TO 256,000 NUTRITIOUS MEEALS. AND WHEAS THE PLANO CITY COUNCIL WILL NOT RELENT IN OUR EFFORTS, AND WE CHALLENGE ALL OF COLLIN COUNTY TO GET INVOLVED. SO DURING THIS MONTH OF SEPTEMBER, WE'LL COME TOGETHER TO HELP SOLVE THE HUNGER CRISIS IN NORTH TEXAS BY PARTNERING WITH ALL OF NORTH TEXAS TO PROMOTE AND PARTICIPATE IN THE ANNUAL PEANUT BUTTER DRIVE. THERE WILL BE BOTH VIRTUAL AND IN-PERSON OPTIONS FOR PARTICIPATING. THE MORE WE COLLECT, THE MORE WE MAKE. SO THEREFORE, I JOHN MUNS, MAYOR OF THE CITY OF ANO, DO HEREBY PROCLAIM SEPTEMBER OF 2023 AS HUNGER ACTION MONTH IN PLANO, AND I DO THEREBY ENCOURAGE ALL CITIZENS TO JOIN ME, THE PLANO CITY COUNCIL, AND THE NORTH TEXAS FOOD BANK IN WORKING TOGETHER TO ERADICATE HUNGER IN OUR CITY, COUNTY, STATE, AND NATION. THANK YOU. [ APPLAUSE ] SO I WILL BRIEFLY TELL YOU TO PLEASE GO ON NORTH TEXAS FOOD BANK ON SEPTEMBER 1st. IT'S THE BEGINNINGF THE PEANUT BUTTER DRIVE. AND WE ARE CHALLENGED TO OFFER 200,000 POUNDS OF PEANUT BUTTER AND HOPEFULLY $200,000 BECAUSE THE MONEY AND THE CONTRIBUTION OF PEANUT BUTTER GOES TO FIGHTING HUNGER IN NOT ONLY OUR CITY AND COUNTY, BUT IN NORTH TEXAS. SO THANK YOU SO MUCH. AND WE'LL CONTINUE TO PUT IT ON SOCIAL MEDIA AS MUCH AS POSSIBLE. OKAY. OUR NEXT PRESENTATION IS PRETTY AMAZING, AND THAT'S WHY YOU SEE A LOT OF FIRST RESPONDERS OVER HERE. SO PLANO POLICE, PLANO FIRE RESCUE, AND MEDICAL CENTER OF PLANO STAFF MEMBERS ARE BEING RECOGNIZED FOR THEIR RESCUE EFFORTS. IF YOU DON'T MIND PLAYING THE VIDEO. >> HI, MY NAME IS RICK ARMIO. I'VE BEEN IN PLANO ALMOST 25 YEARS NOW, WONDERFUL FAMILY OF SEVEN. I'VE BEEN PLAYING CLUB SOCCER SINCE I WAS, YOU KNOW, TEN YEARS OLD. I STILL PLAY ON SUNDAYS, AND I PLAY GOLF REGURLY. I RUN, I LIFT WEIGHTS. SO THIS WAS A BIT OF A SURPRISE. >> MY MOM COMES AND WAKES ME UP AND HE WAS COLLAPSED IN THE BATHROOM, AND I CALLED 911. THEY TOLD ME TO BEGIN CPR. AT A CERTAIN POINT, HE WASN'T RESPONDING AND IT LOOKED LIKE HE WAS ALREADY DEAD, WHICH IS A PRETTY FREAKY THING TO SEE. >> TRENT CALLED 911. IT FELT LIKE TWO SECONDS, AND THE OPERATOR SAYS OPEN THE FRONT DOOR. >> WE SENT FIRST RESPONDERS. POLICE ARRIVED FIRST BECAUSE EY WE RLLY CLOSE, AND WE HAD AN OFFICER START CHEST COMPRESSIONS. FIRE ARRIVED RIGHT AFTER THAT, CONTINUING CHEST COMPRESSIONS. WE HOOKUP A MONITOR, ANALYZE IT AND FOUND A RHYTHM WE COULD SHOCK. AFTER A SECOND DEFIBRILLATION, WE RECOGNIZED HE WAS AN ECMO CANDIDATE. IT BUYS US TIME. >> ECMO IS THE HIGHEST FORM OF LIFE SUPPORT, AND IT BYPASSES TH HEART AND LUNGS AND DOES THE WORK OF HEARTS AND LUNGS. SEVERAL TEAMS IN THE HOSPITAL GET ACTIVATED AT THE SAME TIME. WE MEET PLANO FIRE AND RESCUE IN THE ED. WE TRANSPORT THE PATIENT TO THE CAH TH LAB. RICK SPENT 13 DAYS WITH US. 13 DAYS LATER, HE WAS ABLE TO WALK OUT WITH HIS WIFE AND HIS FAMILY AND RETURN TO HIS LIFE AS NORMAL. >> I THINK THE IMPORTANT THING FOR OUR COMMUNITY TO KNOW IS THAT QUIETLY BEHIND THE SCENES, YOUR FIREFIGHTERS AND POLICE OFFICERS ER NURSES A ER DOCTORS ARE PRACTICING EVERY DAY FOR THINGS LIKE THIS. >> THIS WILL FOREVER BE ENGRAVED WITH ME. AND AS A MEMORY OF THE NUMBER OF PEOPLE THAT TOOK CARE OF ME. I'M THANKFUL, FOREVER GRATEFUL FOR WHAT THEY DID. [ APPLAUSE ]. >> Mayor Muns: IS IT'S MY PLEASURE TO CALL FORWARD OFFICER ALLISON RENFROE, PLANO POLICE. CHRIS BIGGERSTAFF, PLANO FIRE CHIEF. DR. MARK GAMBER. RICK ARMIJO. TIFFANY DAKIN AND TRENT DAKIN. ROWHANA COLLINS, 911 OPERATOR, REAGAN BRADSHAW. BRANDON STACK, SHAWN RICHIE, CHRIS WEELOCK, MICHAEL TORTERO, BEN ROTH,ANIE AIRS, DAVID ARMSTRONG, RYAN TURNER, AND THE MEDICAL CITY OF PLANO STAFF, ASHLEY SMITH, VP OF CARDIOLOGY. AND DEBBIE MILLER, ECMO PROGRAM MANAGER. LET'S GIVE THEM ALL A HAND. [ APPLAUSE ] >> THANK YOU FOR THE OPPORTUNITY TO RECOGNIZE SOME OUTSTANDING PATIENT CARE. ALL THE PEOPLE YOU SEE UP HERE TDAY HAD A PART IN THIS CARE. AND YOU DON'T -- THAT DOESN' HAPPEN BY ACCIDENT. YOU HAVE A LOT OF PREPARATION THAT GOES INTO IT, A LOT OF SUPPORT FROM OUR CITY LEADERSHIP THAT GOES INTO CARE LIKE THAT. AND A LOT OF LEADERSHIP BY OUR MEDICAL DIRECTOR, DR. GAMBER. AND WE HAVE THE BEST MEDICAL DIRECTOR. M GNG TO TURN THE MIC OVER TO HIM. AND WHEN HE GETS DONE, I'D LIKE TO PRESENT SOMETHING TO THE ARMIJOS. >> I FIRST WANT TO THANK THE ARMIJOS FOR HAVING THE COURAGE TO COME UP HERE. WHEN YOU MET OUR FIREFIGHTERS THAT DAY WE WERE ALL IN THERE, IT MEANT THE WORLD TO US AND WE APPRECIATE THE CHANCE TO GET TO CELEBRATE YOU. FOR EVERYBODY IN HERE THAT'S A CITIZEN OF PLANO, THIS IS -- TO SAVE A LIFE IS REALLY A TEAM EFFORT. AND IT STARTED WITH YOU CALLING 911 AND RECOGNIZING IT. IT STARTED WITH YOUR SON IN PLANO ISD WHERE HE LEARNED TO DO CPR. SO IT'S A CELEBRATION OF THE SCHOOL SYSTEM. WE'RE RIGHT ABOVE DISPATCH RIGHT NOW WHERE OUR CALL TAKERS TALK TO YOU AND WORK THROUGH IT WITH YOU AND FOUND THE CLOSEST POLICE OFFICERS AND FIREFIGHTERS TO RESPOND. IN THE BACKGROUND, WE'RE TRAINING EVERY DAY FOR THINGS LIKE THIS SO WE CAN HAVE CELEBRATIONS WHEN WE'RE TOGETHER AND CELEBRATE LIFE. WE HAVE AN INCREDIBLE TEAM AT THE HOSPITAL WHERE WE HAND OFF CARE. PLANO HAS ALWAYS BEEN AN INCREDIBLY ADVANCED CITY FOR MEDICAL CARE AND AN ECMO PROGRAM TAKES IT TO THE NEXT LEVEL. WE'VE BEEN PRACTICING FOR MONTHS AND WE'RE HAPPY IT CAME TOGETHER, THIS PRACTICE CAME TO FRUITION WITH A YOUNG MAN WITH A LOT OF LIFE LEFT TO LIVE. AND WE'RE HERE TO CELEBRATE YOU. SO THANKS. [ APPLAUSE ] >> ONE OF THE THINGS THE CHIEF STARTED BEFORE ME WAS WHEN WE HAD THE CARDIAC ARREST SURVIVOR, WE WOULD GIVE THEM A PLANO FIRE RESCUE BASEBALL CAP AND THEN GIVE YOU A CHALLENGE COIN ALSO. >> THANK YOU SO MUCH. >> Mayor Muns: LET'S TAKE A PICTURE. LET'S GET EVERYBODY IN HERE. THAT SHOULDN'T BE HARD. [ LAUGHTER ] >> Mayor Muns: I'D LIKE TO SAY THIS IS PER USUAL, THEIR RESPONSE IS JUST AMAZING THROUGHOUT. THANK YOU GUYS SO MUCH FOR EVERYTHING. [ APPLAUSE ] >> Mayor Muns: COMMENTS OF >> COMMENTS OF PUBLIC INTEREST. THIS PORTION OF THE MEETING IS TO ALLOW UP TO THREE MINUTES PER SPEAKER WITH 30 TOTAL MINUTES ON ITEMS OF INTEREST OR CONCERN AND NOT ON ITEMS THAT ARE ON THE CURRENT AGENDA. THE COUNCIL MAY NOT DISCUSS THESE ITEMS, BUT MAY RESPOND WITH FACTUAL OR POLICY INFORMATION. THE COUNCIL MAY CHOOSE TO PLACE THE ITEM ON A FUTURE AGENDA. I DO HAVE A FEW SPEAKERS THIS EVENING. THE FIRST ONE IS RHYSWAN KAHN. >> HOW YOU GUYS DOING? >> Mayor Muns: I THINK YOU'RE JUST HERE BECAUSE YOU LIKE TO TALK. >> NO, NO, NO, NO. [ LAUGHTER ] I HAVE A PERTINENT ISSUE. >> Mayor Muns: NO, I'M JUST TEASING WITH YOU. GOOD TO SEE YOU. >> I HAD TO FACETIME MY DAD TO PUT ON THE TIE. SO IT'S A LITTLE RUSTY. [ LAUGHTER ] BUT ANYWAY, JUST A RICK INTRODUCTION, I'M THE FOUNDER AND EXECUTIVE DIRECTOR OF A GLOBAL NONPROFIT ORGANIZATION CALLED POLITICS FOR TEENS. THAT'S NOT WHAT I'M HERE TO TALK ABOUT. I'M HERE TO TALK ABOUT AN INTEREST OF MINE THAT'S BEEN REALLY HURTING US. I HAVE SOME PLANO SOCCER MEMBERS UP THERE. WE'RE HERE JUST REPRESENTING OUR TEAM BECAUSE WE'VE BEEN PRACTICING ON THE PUBLIC FIELDS FOR A LONG TIME NOW, CARPENTER PARK. LAST SATURDAY WE HAD A LITTLE BIT OF A RUN-IN WHERE WE SEEMED TO BE NOT SUPPOSED TO BE ON THE FIELD, SO WE WERE TOLD TO LEAVE THE FIELDS. THAT'S THE ISSUE I WANT TO TALK ABOUT. AS I HAVE HAD SO MANY INCREDIBLE MEMORIES ON THAT FIELD, CARPENTER PARK, PLAYING -- I ACTUALLY MET SAMUEL MATS THERE, PLAYING THERE. I MET A LOT OF THE OTHER KIDS FROM PLAYING ON THOSE FIELDS. FOR ME PERSONALLY, I THINK THERE SHOULD BE A WAY FOR US AS STUDENTS TO ACCESS THOSE FIELDS IN A WAY THAT IS NOT, YOU KNOW, THE CURRENT SYSTEM IS $15 FOR 90 MINUTES. I THINK THERE SHOULD BE A SYSTEM THAT THE COUNCIL OR PARKS AND RECREATION SHOULD IMPLEMENT WHERE WE CAN HAVE THE FACILITIES FOR FREE. THERE'S 2,677 HIGH SCHOOL WA TOEPRENT THE CITY OF , AND WE EXCELLENCE IN A WAY THROUGH ATHLETICS, ACADEMICS, BUT TALKING ABOUT ATHLETICS, THAT'S ON THOSE FIELDS. SO WE BELIEVE THERE SHOULD BE SOME SORT OF SYSTEM WHERE WE, AS STUDENTS, CAN ACCESS THOSE FIELDS AND PLAY TO THE BEST OF OUR ABILITY. AND WE KNOW THE CURRENT SYSTEM, THERE'S AN ONLINE FORM OR SOME ONLINE RESERVATION SYSTEM. AND THE PROBLEM WITH THAT IS WE ALSO HAVE TO COMPETE WITH COACHES AND SELECT LEVEL CLUBS. AND WE'RE JUST STUDENTS WANTING TO PLAY. YOU KNOW, I'VE GROWN UP, BORN PLANO, AND IHINK THERE SHOULD BE A WAY FOR US TO TRULY ACCESS THOSE FIELDS THAT WE'VE GROWN UP ON AND CONTINUE TO EMULATE THE EXCELLENT STATUS THAT WE HAVE HERE AT THE CITY. SO I JUST WANTED TO TALK -- YOU KNOW, THERE'S ANY WAY THAT THE COUNCIL OR PARKS AND REC DEPARTMENT COULD HELP US OUT THAT WE COULD ACCESS THE FIELDS IN A FREE ONLINE SYSTEM, MAYBE WE SCAN OUR STUDENT ID TO ENSURE WE'RE STUDENTS. WE WANT TO MAKE SURE WE HAVE ACCESS. WE HAVE A THING CALLED PROJECT P. WE'RE TRYING TO MAKE THE PLAYOFFS FOR THE FIRST TIME IN A WHIL I DON'T KNOW WHO THE CAPTAIN IS. BUT HE MUST BE A PRETTY GOOD-LOOKING GUY. [ LAUGHTER ] SO WE WANT TO BE ABLE TO MAKE THE PLAYOFFS -- >> 20 SECONDS. >> WE WANT TO MAKE THE CITY OF PLANO PROUD. SO WE WANT TO HAVE AN OPPORTUNITY TO USE FIELDS THAT WE'VE GROWN UP ON, AS I SAID, AND ALSO HAVE THE ABILITY TO MAKE THE CITY OF PLANO SHOWCASED ON OUR ATHLETIC FRONT AS WELL. BUT THAT'S MY TIME NOW, SO THANK YOU GUYS. APPRECIATE IT. >> Mayor Muns: THANKS, RHYS. WE'LL GIVE YOU SOME GUIDANCE ON THAT. THANK YOU. >> THE NEXT SPEAKER IS CASSANDRA BAOL. >> GOOD EVENING, MAYOR AND CITY COUNCILMEMBERS. I COME TONIGHT -- OH, CASSANDRA BOAL, 4120 SONORA DRIVE. I COME TONIGHT WITH A NOTE OF COMMENDATION FOR THE TWO NEWEST DEVELOPMENTS IN EAST PLANO. ASSEMBLY PARK AND AVENUE K LOTS I'VE GOT THE PICTURES HERE. THIS IS ASSEMBLY PARK. IT'S COMING TOGETHER PRETTY WELL. I JUST WANTED TO LET YOU KNOW THAT THOSE HAVE REALLY COME OUT TO BE VERY CREATIVE, VERY AESTHETICALLY PLEASING. SO PLEASED TO SEE THE TOWNHOMES THAT ARE AVAILABLE IN ASSEMBLY PARK. THAT'S GOING TO GIVE SOME FOLKS AN OPPORTUNITY TO BUY AND THEN BUILD SOME EQUITY AS WELL. AND THE AVENUE K LOFTS, LOOKING REALLY GOOD. IT WAS HARD TO TELL WHEN IT WAS FIRST BUILT, HOW IT WAS GOING TO BUT IT IS LOOKING VERY NICE, VERY AESTHETICALLY PLEASING. THERE'S PARKING UNDERNEATH THE LOFTS AND ALSO ON THE CORNER OF AVENUE K AND PARK BOULEVARD. THE RENT A WHEELS BUSINESS HAS CLOSED. AND I BELIEVE I LOOK FORWARD TO -- I DEFINITELY LOOK FORWARD TO SEEING THE COMMUNITY ART DISPLAY. SO THANK YOU VERY MUCH FOR THIS REALLY LOVELY DEVELOPMENT IN EAST PLANO, BOTH OF THEM. >> Mayor Muns: THANK YOU. >> DOUG REEVES. >> PLANO CITY COUNCILMEMBERS, EARLIER THIS YEAR, TWO OF OUR AN INTERESTING PUBLIC MBERS ME STATEMENTS. THE STATEMENTS WERE IN REGARD TO THE PROPERTY AT LOS RIOS AND JUPITER ROAD. COUNCILMAN ANTHONY RICCIARDELLI STATED RESIDENTS' FEEDBACK ON DEVELOPMENTS LIKE THIS MATTER, AND IT CAN ONLY MATTER IF THOSE ZONING DECISIONS REMAIN IN PLANO TO BE MADE BY THIS CITY COUNCIL. I JUST HOPE EVERYONE UNDERSTANDS THAT AND THE IMPORTANCE OF MAKING LOCALONTROL -- O MAINTAINING LOCAL CONTROL OVER ZONING DECISIONS. AND COUNCILMAN SHELBY WILLIAMS STATED, THE PROPERTY AT THAT LOCATION IS POSITIONED IN SUCH A WAY THAT THE CITY COULD FACE A PROTRACTED LEGAL BATTLE IF IT WERE DENIED. NOW, THEY CAN CORRECT ME, BUT -- IF I'M MISREPRESENTING THIS. BUT IN EFFECT, THEY WERE SAYING THE CITY DOES NOT HAVE CONTROL OF ZONING AND THE CITY HAS BEEN THREATENED WITH A LAWSUIT IF IT DOESN'T REZONE LAND AND APPROVE APARTMENTS TO BE CONSTRUCTED ON THAT PROPERTY. IN 2015, BEFORE ANY OF YOU TOOK OFFICE, THE PLANO CITY COUNCIL ADOPTED A NEW COMPREHENSIVE PLAN KNOWN AS THE PLANO TOMORROW PLAN. A LOCAL GROUP CALLED PLANO FUTURE DID NOT LIKE THE PERNICIOUS CONSEQUENCES THAT WERE SURE TO RESULT FROM THE PLANO TOMORROW PLAN THAT IS THE HIGH DENSITY STREWN THROUGHOUT THE CITY. BASICALLY URBANIZING SUBURBAN PLANO. ULTIMATELY, THE CONFLICT BETWEEN THE CITY AND PLANO FUTURE LED TO PLANO FUTURE FILING A LAWSUIT. PLANO FUTURE PETITIONED THE CITY TO ALLOW THE TRANSFORMATIVE PLANO TOMORROW PLAN TO BE VOTED ON BY THE CITIZENS OF PLANO. EVEN THOUGH THE FINAL RULING BY THE COURT SIDED WITH THE CITIZENS AND ORDERED THE CITY TO ABIDE BY THE PETITION, THE CITY DECIDED NOT TO ALLOW THE CITIZENS TO VOTE ON THE PLANO TOMORROW PLAN. THE CITY LEADERSHIP OF 2015 DID NOT EXPLAIN TO THE CITIZENS WHY THEY DID WHAT THEY DID. THE CITIZENS WERE KEPT IN THE -- >> 20 SECONDS. >> -- DARK REGARDING THE FACT THAT RICCIARDELLI AND WILLIAMS STATED THE CITY NO LONGER HAD CONTROL OF ZONING AND, IN FACT, WOULD HAVE BEEN SUED BY AN OUTSIDE ORGANIZATION IF THEY KEPT IN PLACE THE PLANOOMORROW PLAN BACK IN 2015 AND REFUSED TO REZONE LAND AND APPROVE APARTMENTS TO BE CONSTRUCTED ON THAT LAND. YOU HAVE AN OPPORTUNITY TO RIGHT A WRONG DONE, I FEEL DONE BY THE CITY. I'M ASKING YOU TO INFORM THE CITIZENS AS TO WHAT IS GOING ON. MEET AMONG YOURSELVES, COME UP WITH A PLAN TO TAKE THE CITIZENS OF PLANO THAT HAVBEEN KEPT IN THE DARK INTO THE LIGHT. INFORM THEM ABOUT THE AFFIRMATIVELY FAIR HOUSING RULE THAT WAS ENACTED IN 2015. >> Mayor Muns: MR. REEVES. >> THAT PEOPLE ARE IN THE DARK ABOUT. MOST CITIZENS DO NOT KNOW THAT -- >> Mayor Muns: MR. REEVES, YOUR TIME IS UP. IF YOU'LL WRAP UP. >> TIME'S UP? >> Mayor Muns: GO AHEAD AND WRAP IT UP. >> LET ME CUT TO THE END HERE. OH, LET'S SEE. I'M BASICALLY ASKING YOU TO BE TRANSPARENT FROM THIS POINT ON ON THIS ISSUE. LET THE CITIZENS IN ON WHAT'S GOING ON. I THANK YOU FOR YOUR TIME. >> Mayor Muns: THANK YOU. SHELBY? >> Williams: I WOULD LIKE TO TAKE A MOMENT TO SAY HAPPY BIRTHDAY TO MY WIFE MARIA. SHE IS AT HOME TAKING CARE OF OUR CHILDREN TO ENABLE ME TO BE HERE TO SERVE THE CITY OF PLANO WITH COUNCILMAN SMITH ON HIS BIRTHDAY. [ LAUGHTER ]. [ APPLAUSE ] >> Mayor Muns: THANK YOU. CONSEN AGENDA, PLEASE. >> City Clerk: THE 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 EXCEPT FOR ITEMS E, F, AND J. >> Ricciardelli: SECOND. >> Mayor Muns: THANK YOU. I HAVE A MOTION AND A SECOND TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF E, F, AND J. PLEASE VOTE. MOTION PASSES 8-0. ITEM E. >> City Clerk: ITEM E. TO APPROVE A REQUEST FOR A VARIANCE FOR THE REPLACEMENT OF EXISTING STRUCTURES THAT ARE APPROACHING THEIR END OF USEFUL LIFE AT THE NORTH TEXAS ROETT EEK REGIONAL TRICT WASTEWATER TREATMENT PLANT AT 1600 LOS RIOS BOULEVARD WITHIN THE CURRENT FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) 100-YR FLOODPLAIN OF ROWLETT CREEK, IN THE CITY OF PLANO. >> (OFF MIC). >> City Clerk: OUR SPEAKER ON THIS ITEM IS CASSANDRA BOAL. >> THANK YOU AGAIN FOR A COUPLE MINUTES OF YOUR TIME. CASSANDRA BOAL, 4120, SONORA DROIF. I ASKED FOR THE CONSIDERATION OF THIS VARIANCE REQUEST FOR THE ROWLETT CREEK WASTEWATER TREATMENT PLAN TO BE TAKEN OUTSIDE OF THE CONSENT AGENDA. I'M SEEKING MORE INFORMATION ABOUT THE EQUIPMENT THAT'S REACHING END OF LIFE. AS A RESIDENT OF EAST PLANO, I WOULD RESPECTFULLY ASK THAT ANY CITY CONSIDERATIONS OF THE ROWLETT CREEK WASTEWATER TREATMENT PLANT BE CONSIDERED ON SEPARATE AGENDA ITEMS. THIS AGING FACILITY DIRECTLY IMPACTS RESIDENTS AND BUSINESSES TWO TO THREE MILES FROM THE THANK U. >> Mayor Muns: THANK YOU. DO YOU WANT TO SPEAK? YEAH, GO AHEAD >> Williams: YES, THANK YOU. MARK AND CALEB, I APPRECIATE YOUR E-MAIL EXCHANGES TODAY PROVIDING ME MORE INFORMATION ON THIS. I STILL HAVE ADDITIONAL QUESTIONS. I WASN'T ENTIRELY CLEAR. ARE THE PROPOSED STRUCTURES IN THE UV BEING ERECTED WHERE THERE ARE NO STRUCTURES TODAY? AS I UNDERSTAND IT, IF I'M INFERRING CORRECTLY, ONE FACILITY IS BEING OUTFITTED DIFFERENTLY, SO THE STRUCTURE ISN'T GOING TO CHANGE, AND ANOTHER IS GOING TO BE DEMOLISHED AND ANOTHER STRUCTURE BUILT IN ITS PLACE. IS THAT ACCURATE? >> I BELIEVE THAT'S ACCURATE. I BELIEVE THERE'S A COUPLE MEMBERS FROM THE DISTRICT IF THEY'D LIKE TO PROVIDE YOU A LITTLE MORE DETAIL ON WHAT'S ACTUALLY GOING TO OCCUR. >> Williams: THANK YOU. >> MARK SIMON, ASSISTANT DEPUTY FOR ENGINEERING AT NORTH TEXAS. IN REGARDS TO YOUR QUESTION, COUNCILMAN WILLIAMS, ACTUALLY, BOTH STRUCTURES WILL BE TAKEN TO THE GROUND AND THEN REBUILT ACTUALLY IN A SMALLER FOOTPRINT THAN WHAT THE ACTUAL CURRENT STRUCTURES ARE. >> Williams: OKAY, ON TOP OF THE FOOTPRINT OF THE EXISTING STRUCTURES? >> YES. >> Williams: SO NOTHING ELSE IS GOING TO BE BUILT OUTSIDE OF THAT? ARE THEY BOTH FOR UV DISINFECTION? >> ONE IS FOR UV DISINFECTION AND ONE IS FOR ADDITIONAL FILTER CAPACITY. SO WITHIN THE FLOODPLAIN. THERE ARE OTHER ITEMS ON THE SITE THAT ARE -- >> Williams: SO AS I UNDERSTAND IT, THE ONLY REASON FOR THE VARIANCE IS BECAUSE IT IS WITHIN A FLOODPLAIN. IS THAT ACCURATE? >> YEAH, SO EVEN THE EXISTING STRUCTURES TODAY ARE IN THE FLOODPLAIN. BUT THEY WERE CONSTRUCTED, I GUESS, EITHER PRIOR TO REVIEW OR BEFORE THERE WAS A REQUIREMENT. I'M NOT REALLY SURE THE HISTORY OF THAT. SO WE'RE JUST TRYING TO CORRECT THAT MATTER AND THEN ADVANCE THE FACILITIES FOR THE CURRENT TREATMEN PROCESS. >> Williams: OKAY. SO IS IT FAIR TO CHARACTERIZE IT AS BASICALLY RETROFITTING THE PLANT FOR UV DISINFECTION AND UPGRADED FILTERS? >> CORRECT. >> Williams: OKAY, THANK YOU. >> Mayor Muns: COUNCILMAN HORNE? >> Horne: THANK YOU, MR. MAYOR. SIR, FOR THE BENEFIT OF THE AUDIENCE AND CITIZENS WHO WERE NOT PRIVY TO THE E-MAILS, WHAT ARE WE TALKING IN REGARDS TO THE UPGRADE? TALKING ABOUT ADDITIONAL BASINS? >> TWO BASINS ON THE PLANT RIGHT NOW IN THE SAME LOCATION WE'RE GOING TO BUILD. THINK OF THEM AS LIKE A LARGE SWIMMING POOL. THEY'RE AROUND 9,000 SQUARE FEET IN TERMS OF THEIR DIMENSIONS. AND THEY'VE GOT A BUNCH OF WALLS INSIDE. SO THE WATER COMES IN AND HAS TO KIND OF NAVIGATE ITS WAY THROUGH THE CHANNELS. AND THAT PROVIDES THE MIXING REQUIRED FOR THE CURRENT DISINFECTION PROCESS. SO WHAT WE'LL DO INSTEAD IS DEMOLISH THAT STRUCTURE AND BUILD A STRUCTURE THAT'S A SMALLER SWIMMING POOL BUT HAS LEANS, FIXED WALL LEANS. AND THE UV IS LIKE POWERFUL LIGHT BULBS REALLY, RIGHT? SO THE FLOW WILL PASS THROUGH THE UV BULBS. AND THEY PROVIDE INSTANTANEOUS DISINFECTION, AND THEY DON'T REQUIRE ALL THE MIXING TIME. SO BY TCQ REGULATION, THAT MIXING HAS TO TAKE PLACE FOR A MINIMUM OF 30 SECONDS. BUT WITH THE UV TREATMENT TECHNOLOGY, IT'S INSTANTANEOUS, SO WE CAN REDUCE THE FOOTPRINT OF THE ACTUAL STRUCTURE ITSELF >> Horne: OKAY. DURING THIS RENOVATION PERIOD, DID WE TAKE CONTINGENCY PLANS IN CASE WE HAVE ADDITIONAL OVERFLOW DURING STORM EVENTS? WILL THIS IMPACT YOUR CAPACITY TO TREAT? >> YEAH, SO WE HAVE TWO STRUCTURES NOW SO WE CAN SEQUENCE IT. AND WE ALSO HAVE ADDITIONAL UV TREATMENT CAPACITY IN THE NEW TRAIN THAT WAS BUILT IN PHASE ONE OF THESE IMPROVEMENTS. SO WE'LL HAVE AVAILABLE DISINFECTION CAPACITY IN TWO WAVES UNTIL WE COMPLETE THE RENOVATION. >> Horne: AND THIRD, LAST QUESTION. WITH THESE IMPROVEMENTS, WE'RE GOING TO BE BASICALLY IMPROVING OUR TREATMENT CAPABILITIES WITH THAT WASTEWATER TREATMENT PLANT. >> YEAH, SO THE AVERAGE DAY TREATMENT STAYS THE SAME. THIS IS PRIMARY TO DEAL WITH FLOWS THAT INCREASE DURING WET WEATHER EVENTS. THE MAJOR BENEFIT FOR BOTH OUR STAFF, AS WELL AS THE NEIGHBORHOOD, IS THAT BY GOING TO UVTECHNOLOGY, WE ELIMINATE THE USE OF CHLORINE GAS OR LIQUID CHLORINE FOR DISINFECTION, AND WE JUST MOVE TOWARDS THE HIGH-INTENSITY UV BULBS INSTEAD. >> Horne: THANK YOU. >> Mayor Muns: COUNCILMEMBER SMITH? >> Smith: ONE QUICK QUESTION I THINK IT'S IMPORTANT TO GET ANSWERED ON THE RECORD FOR EVERYONE. THE IMPROVEMENTS THAT YOU'RE MAKING ARE GOING TO BE DONE ON EXISTING PROPERTY AND NONE OF IT WILL REQUIRE OUTSIDE THE BOUNDARY OF THE EXISTING STRUCTURE CORRECT? >> YES, IT'S ALL WITHIN THE EXISTING FOOTPRINT OF THE CURRENT TREATMENT PROCESS. >> Mayor Muns: THANK YOU. MOTION? >> Ricciardelli: AFTER YOU, SHELBY. >> Williams: MOTION TO APPROVE ITEM E. >> Ricciardelli: SECOND. >> Mayor Muns: THANK YOU. I HAVE A MOTION AND A SECOND TO APPROVE CONSENT AGENDA ITEM E. PLEASE VOTE. MOTION PASSES 8-0. ITEM F. >> City Clerk: ITEM F. TO APPROVE AN EXPENDITURE IN THE AMOUNT OF $1,585,000 FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 3321 EAST PARKER ROAD FROM SATINDER AND SOPHIE BAWEJA; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. >> GOOD EVENING, CITY COUNCIL. MY NAME IS MATTHEW YAGER, THE CITY'S REAL ESTATE MANAGER AND HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE ON THIS ITEM. >> (OFF MIC). >> Mayor Muns: WE HAD A SPEAKER. >> City Clerk: CASSANDRA BOAL. >> JUST LOOKING OUT FOR THE CITIZENS OF PLANO. >> Mayor Muns: YOU WIN THE AWARD FOR TONIGHT. >> I THINK SO. CASSANDRA BOAL, 4120 SONORA DRIVE. JUST LOOKED OVER THE CONSENT AGENDA, AND THE $1.5 MILLION PURCHASE REAY CAUGHT MYEY, LIKE, OH, THAT'S A LITTLE BIT TOO MUCH MONEY TO BE SPENDING THE TAXPAYERS, RESIDENTS OF PLANO ON THE CONSENT AGENDA ITEM. I REALLY FEEL VERY STRONGLY THAT THE CITY OF PLANO RESIDENTS AND TAXPAYERS SHOULD RECEIVE FULL TRANSPARENCY. THEN I LOOKED AT THE ADDRESS AND REALIZED THIS IS THE INTERSECTION, IT'S A T INTERSECTION AT SAN GABRIEL AND PARKER ROAD. I TRAVEL THAT ROUTE EVERY SINGLE DAY. JUST CURIOUS AS TO THE CITY'S INTEREST AND REQUEST THATHIS PURCHASE WOULD GET FULL AIRING, PERHAPS, AT A FUTURE MEETING. THANK YOU. >> Mayor Muns: THANK YOU. COUNCILMAN RICCIARDELLI. >> Ricciardelli: THANK YOU, MAYOR. I DID HAVE A QUESTION ABOUT THIS. I REACHED OUT TO THE CITY MANAGER ABOUT THIS ITEM EARLIER AND RECEIVED A RESPONSE THAT THE APPRAISED VALUE ON THIS LAND IS 1.37 MILLION. THE PROPOSED PURCHASE PRICE IS 1.585 MILLION, I BELIEVE. I UNDERSTAND THAT THERE'S AN ISSUE WHERE, YOU KNOW, I GUESS WE WOULD BE USING IT JUST FOR PARK LAND, FOR LAND ONLY. AND THERE'S A STRUCTURE ON THERE CURRENTLY. AND THE $1.37 MILLION APPRAISAL IS FOR LAND ONLY. COULD YOU SPEAK TO HOW THE FACT THAT THERE'S A STRUCTURE ON THE LAND CURRENTLY INTERACTS WITH THE APPLICABILITY OF THAT FOR LAND ONLY? >> SURE. THAT'S ON THE HIGHEST AND BEST USE OF THE PROPERTY AS DETERMINED BY THAT APPRAISER. THIS PROPERTY IS ON THE MARKET. IT WAS LISTED IN LATE MAY FOR $1.8 MILLION. THE CITY PRETTY MUCH FOUND, DISCOVERED, MADE AN OFFER, AND BEGAN DIALOGUE WITH THE PROPERTY OWNERS IN MID JULY. THAT APPRAISAL IS BASED ON THE IDEA THAT THIS PARCEL WOULD NOT BE BEST USED AS ITS CURRENT USE AS AN ESTATE RESIDENCE. IT'S ONE HOME OF APPROXIMATELY, I BELIEVE, 2800, 3,000 SQUARE FEET ON PROPERTY. INSTEAD, THE BETTER USE WOULD BE TO BE DEVELOPED AS RESIDENTIAL LOTS IN THE FUTURE. THE $1.37 MILLION IS VALUED ON THE PROPOSAL THAT IT WOULD BEST BE USED FOR FUTURE RESIDENTIAL DEVELOPMENT. >> Ricciardelli: OKAY. AND SO JUST AS A FOLLOWUP TO THAT, IF THAT'S THE HIGHEST AND BEST USE, SO BASICALLY THE APPRAISAL WAS THE HIGHEST DOLLAR VALUE THE APPRAISER THOUGHT IT WOULD GO, 1.37 MILLION? >> CORRECT. >> Ricciardelli: THEN DO WE FEEL THERE MIGHT BE ANY ROOM TO NEGOTIATE DOWN FURTHER FROM THIS PRICE? ARE THERE ANY OTHER BIDDERS WE'RE BIDDING AGAINST, DO WE KNOW? >> I'M NOT AWARE OF ANY OTHER BIDDERS. THAT SAID, I HAVEN'T REACHED OUT OR INQUIRED ON THAT. NEGOTIATIONS HAVE TAKEN PLACE. TO MY VIEW, THEY'VE REACHED THEIR LOGICAL CONCLUSION. AND THIS PRESENTS THE BEST COMPROMISE WITH A WILLING BUYER AND WILLING SELLER OF THE LAND. I HAVEN'T INTRODUCED THE IDEA OF EMINENT DOMAIN, WHICH WE WOULD PROBABLY NEED TO OBTAIN THIS PACEL AT WHAT THE APPRAISED VALUE IS. >> Ricciardelli: HAVE WE OFFERED REJECTED THAT? >> CORRECT. >> Ricciardelli: OKAY. WELL, THANK YOU FOR THAT INFORMATION. THANK YOU FOR THOSE ANSWERS. >> MOTION TO APPROVE. >> SECOND. >> Mayor Muns: MOTION AND SECOND TO APPROVE. >> I HAVE A QUESTION. >> Mayor Muns: OKAY. >> Williams: SINCE WE'RE PROPOSING TO P THE FACILITY ELSEWHERE AND BASICALLY SHIFT THIS TO USABLE PARK LAND, ARE WE UNDER A REQUIREMENT TO REPLACE THE REUSABLE PARK LAND SINCE WE'RE PUTTING A FACILITY SOMEWHERE ELSE? CAN WE JUST DO WITHOUT THE LAND ENTIRELY? >> COUNCILMEMBER WILLIAMS, I DON'T KNOW THE ANSWER OF THAT QUESTION IN TERMS OF A STATE MANDATE OR SOMETHING UNDER OUR ZONING CODE. >> Williams: OKAY. >> CAN YOU RESTATE YOUR QUESTION? >> Williams: I KNOW WHAT WE INTEND TO DO WITH THIS LAND, TO TURNT INTO USABLE PARK LAND. IS THERE ANYTHING COMPELLING US TO PURCHASE IT AT ALL? COULD WE EFFECTIVELY AND LEGALLY DO WITHOUT PURCHASING IT? >> I BELIEVE THIS LAND WAS PART OF OUR PARKS MASTER PLAN, SOMETHING WE SOUGHT TO ACQUIRE, BUT I DON'T BELIEVE WE'RE LEGALLY BOUND TO PURCHASE THE LAND. BECAUSE OUR PARKS MASTER PLAN, AS YOU KNOW, DOES CHANGE OVER TIME, SO WE'RE NOT BOUND BY THAT PLAN TO PURCHASE THAT. I'M SEEING RON RIGHT THERE. IT IS PART OF OUR PARKS MASTER PLAN TO ACQUIRE THIS. >> S, RON SMITH, YOUR PARKS AND RECREATION DIRECTOR. THIS IS ON OUR ADOPTED MASTER PLAN FROM 2018 AND ALSO THE ONE THAT WAS MOST RECENTLY ADOPTED BY THIS COUNCIL TO BE INCORPORATED INTO OAK POINT PARK AND NATURE PRESERVE. >> Mayor Muns: I HAVE A MOTION AND A SECOND TO APPROVE. >> Ricciardelli: I WAS JUST GOING TO SAY SOMETHING REAL QUICK MAYOR. JUST BECAUSE I NEVER WANT TO SURPRISE ANYBODY. I'M GOING TO VOTE AGAINST THIS ITEM, NOT BECAUSE I DON'T WANT TO ACQUIRE THE PARK LAND, BUT BECAUSE I'D LIKE TO SEE US GET TO THAT APPRAISED NUMBER OR AT AST CONTINUE NEGOTIATIONS A LITTLE LONGER ESPECIALLY SINCE WE'RE NOT AWARE OF ANY COMPETING BIDDERS AT THE MOMENT. I WOULD CONSIDER IT IN THE FUTURE. >> Mayor Muns: ALL RIGHT. SO I HAVE A MOTION AND SECOND TO APPROVE ITEM F. PLEASE VOTE. MOTION PASSES 5-2 WITH ONE ABSTENTION. ITEM J. >> City Clerk: ITEM J. TO APPROVE REVISIONS TO THE CITY OF PLANO POLICY STATEMENT FOR ECONOMIC DEVELOPMENT INCENTIVES PROGRAM; AND PROVIDING AN EFFECTIVE DATE. JENNIFER GROISMAN. >> JENNIFER GROISMAN, PLANO. I TOOK THIS ITEM OFF THE CONSENT AGENDA FOR TWO REASONS. THE TRUE MEANING OF ECONOMIC DEVELOPMENT AND THE POWER YOU ARE GIVING AWAY. FIRST, WHAT IS ECONOMIC DEVELOPMENT REALLY? SOME PEOPLE SAYT IS CORPORATE WELFARE. OTHERS CALL IT CRONEY CAPITALISM. IT IS NEITHER. ECONOMIC DEVELOPMENT IS FASCISM. YES, MUSSOLINI HAD ECONOMIC POLICY. ECONOMIC FASCISM IS CONTROL OF ECONOMIC ACTIVITY, INVESTMENT, AND PLANNING. THE GOVERNMENT CAN RESTRICT ANY ACTION WITH STIFLING REGULATIONS OR PROMOTE ANY ACTION BY GIVING MONEY OR INCENTIVES TO COMPANIES. THIS INTERFERES WITH THE ECONOMY AND HAS CONSEQUENCES. ONE IS REDUCED TAX REVENUE THAT CITIES COULD SPEND ON STAFF RAISES AND GIVING RESIDENTS A LOWER TAX RATE IN A YEAR WHEN WE ARE SUFFERING UNDER INFLATION. ECONOMIC FASCISM ALSO PICKS WINNERS AND USERS, FAVORING LARGE COMPANIES. IT ALSO DISTORTS NATURAL MARKET FORCES WITH COMPANIES CHOOSING LOCATIONS BASED ON GOVERNMENT INCENTIVES, NOT SOUND BUSINESS PRINCIPLES, SUCH AS WHAT IS BEST FOR CUSTOMERS AND EMPLOYEES. THIS ALSO PITS CITIES AGAINST EACH OTHER, MAKING NEIGHBORS INTO COMPETITORS. ECONOMIC FCISM IS WRONG AND GIVES TOO MUCH POWER TO CENTRAL PLANNERS AND UNELECTED BUREAUCRATS. THE SECOND REASON, THIS POLICY GIVES WAY TOO MUCH UNCHECKED AUTHORITY TO THE CITY MANAGER. THIS HAS NOTHING TO DO WITH MR. ISREALSON AS THE CITY MANAGER. THIS HAS TO DO WITH COUNCIL GIVING AWAY POWER TO AN UNELECTED PERSON. UNDER SECTION 12, THE CITY MANAGER OR DESIGNEE WILL HAVE THE POWER TO CHANGE AN AGREEMENT, ECONOMIC DEVELOPMENT INCENTIVE OFFERS CAN INCREASE OR DECREASE THE INITIAL OFFER. IN OTHER WORDS, AN CHECD, UNELECTED PERSON DOES NOT NEED THIS BODY'S APPROVAL TO CHANGE AN AGREEMENT IT VOTED ON. LASTLY AND MOST OUTRAGEOUSLY, YOU ARE GIVING POWER TO AN UNELECTED PERSON TO APPROVE AN ECONOMIC DEVELOPMENT AGREEMENT WITH A VALUE OF $100,000 TAXPAYER DOLLARS OR LESS WITHOUT THE APPROVAL OF THIS ELECTED BODY AND A PUBLIC HEARING. WHILE WE HAVE A WONDERFUL CITY MANAGER, CITY COUNCIL HAS THE POWER OF THE PURSE. YOU AND ONLY YOU ARE TO DETERMINE WHAT HAPPENS WITH OUR MONEY. THIS IS CAUSE ONLY YOU CAN BE HIRED OR FIRED BY THE VOTERS. WE DON'T GET TO HIRE THE CITY MANAGER OR ANY CITY STAFF. WE GAVE YOU THE POWER OF THE PURSE. YOU CAN'T JUST GIVE THAT POWER AWAY, AND YOU SHOULDN'T WANT TO. THEREFORE, I URGE YOU TO REJECT THIS ECONOMIC DEVELOPMENT POLICY. I WILL LEAVE YOU WITH THIS PARTING QUESTION: DO YOU WANT AN ECONOMY ALIGNED WITH ADAM SMITH, MILTON FRIEDMAN AND THOMAS SOLE AND OUR FOUNDERS AND FRAMERS? OR MUSSOLINI'S IDEALS? ANK U. I' TAKE ANY QUESTIONS >> Mayor Muns: THANK YOU. >> OKAY. >> Mayor Muns: ANY QUESTIONS? >> Ricciardelli: I WAS JUST GOING TO SPEAK BRIEFLY IF I COULD, MAYOR, TO ADDRESS THOSE COMMENTS. ACTUALLY, A COUPLE OF CLARIFICATIONS ALSO FOR CITY MANAGER ISREALSON. WE'VE CERTAINLY DISCUSSED THIS POLICY. SO I WANTED TO PUT SOME THINGS OUT THERE FOR THE PUBLIC TO BE AWARE OF. FIRST OF ALL, THE CITY MANAGER AUTHORITY, IF I'M RECALLING CORRECTLY OFF THE TOP OF MY HEAD, IS ONLY TO CHANGE AN OFFER THAT'S BEEN APPROVED BY THE COUNCIL OR CHANGE CERTAIN OER T BY UP TO 10% OR $200,000, WHICHEVER IS LESS. AND THAT $200,000 CAP WAS ACTUALLY MY IDEA AND THE STAFF AND THE REST OF THE COUNCIL WERE VERY OPEN TO IT. WE'VE REALLY DONE A LOT TO PRESERVE THE CITY COUNCIL'S ROLE IN THIS. YOU KNOW, BASICALLY THERE CAN BE CHANGES WITHIN A CERTAIN BAND, BUT CITY COUNCIL APPROVAL IS STILL REQUIRED FOR MOST STEPS UNDER THIS. AND I BELIEVE ALSO THAT REGARDING THE SMALLER AGREEMENT CITY MANAGER'S AUORITY, THOSE HAVE TO BE NET REVENUE POSITIVE, RIGHT, FOR THE CITY? >> Mayor Muns: THAT'S CORRECT. >> Ricciardelli: SO THAT WAS ANOTHER THING THAT WE DISCUSSED THAT WAS IMPORTANT TO ME. NET REV -- FOR THOSE WHO AREN'T SEEING THESE FREQUENTLY, NET REVENUE POSITIVE MEANS THE TAX REVENUE GENERATED AS A RESULT OF THE ECONOMIC DEVELOPMENT IS GREATER THAN THE COST TO THE CITY OF BRINGING THAT COMPANY HERE AND CREATING THAT TAX REVENUE. AND THEREFORE, THE CITY COMES OUT AHEAD. THERE'S ADDITIONAL TAX REVENUE. AND THE REST OF US IS HOMEOWNERS OR OTHERWISE TAXPAYERS IN THE CITY OF PLANO HAVE A LOWER TAX BURDEN AS A RESULT OF THAT. NOW, I WILL SAY PHILOSOPHICALLY, I DON'T LOVE THAT WE'RE IN THIS BUSINESS AT ALL. I FRANKLY WISH THE LEGISLATURE WOULD DO AWAY WITH CITIES BEING ABLE TO COMPETE WITH EACH OTHER IN THIS WAY BECAUSE I BELIEVE THAT WHEN CITIES COMPETE, TAXPAYERS LOSE. YOU KNOW, IT'S A RACE TO THE BOTTOM. LIKE MS. GROISMAN WAS ALLUDING TO. BECAUSE THEN IT BECOMES A PART OF OUR ECONOMIC DEVELOPMENT EFFORTS WHERE WE HAVE TO COMPETE WITH OTHER CITIES ABOUT HOW MUCH MONEY CITIES ARE GOING TO GIVE AWAY. THAT BEING SAID, THAT WOULD HAVE TO BE A SOLUTION THAT THE TEXAS LEGISLATURE WOULD DO. IF WE UNI LATERALLY STOP DOING THIS AS THE CITY OF PLANO, WE WILL LOSE CORPORATIONS, WE WILL LOSE TAX BASE. SO IT'S A NECESSARY EVIL. WE HAVE TO DO THIS. OTHERWISE, THERE ARE COMPANIES THAT WILL EITHER NOT COME TO PLANO OR WILL LEAVE PLANO FOR OTHER CITIES. I DON'T LOVE THAT, BUT IT'S A FACT OF LIFE, SO WE HAVE TO PLAY BY THE RULES AS THE EXIST. SO I WILL MOVE WE APPROVE THE ITEM. >> SECOND. >> Mayor Muns: OKAY. DID YOU DO THAT? SORRY MARIE. >> I DID IT. I SECONDED. >> Mayor Muns: SECOND TO WHO? >> ANTHONY. >> Mayor Muns: I'M SORRY, ANTHONY. YOU GOT TO THAT MOTION. [ LAUGHTER ] >> Mayor Muns: I HAVE A MOTION AND A SECOND TO APPROVE CONSENT AGENDA ITEM J. RIGHT? CORRECT? >> MM-HMM. >> Mayor Muns: PLEASE VOTE. [ LAUGHTER ] MOTION PASSES 8-0. NEXT ITEM. >> City Clerk: ALL RIGHT. 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. NONG PUBLIC HEARING ITEMS. THE PRESIDING OFFICER WILL PERMIT PUBLIC COMMENT FOR ITEMS ON THE AGENDA NOT POSTED FOR A PUBLIC HEARING. THE PRESIDING OFFICER WILL ESTABLISH TIME LIMI BASED UPON THE NUMB OF SPEAKER REQUESTS, LENGTH OF THE AGENDA, AND TO ENSURE MEETING EFFICIENCY, AND MAY INCLUDE A CUMULATIVE TIME LIMIT. SPEAKERS WILL BE CALLED IN THE ORDER REQUESTS ARE RECEIVED UNTIL THE CUMULATIVE TIME IS EXHAUSTED. ITEM NUMBER ONE. PUBLIC HEARING ON THE FY2023-24 RECOMMENDED BUDGET, PROPOSED COMMUNITY INVESTMENT PROGRAM AND THE PROPOSED AD VALOREM TAX RATE. >> YES, THIS EVENING WE ARE HAVING OUR THIRD PUBLIC HEARING REGARDING THE OPERATING BUDGET, WHICH TOTAL $729 MILLION. THE COMMUNITY INVESTMENT PROGRAM TOTALS $340 MILLION. BOTH THESE BUDGETS ARE SET TO BE ADOPTED ON MONDAY NIGHT, SEPTEMBER 11th, AT 7:00. IN ADDITION, WE ARE GOING TO START OUR PROPOSED PUBLIC HEARING ON THE PROPOSED AD VALOREM TAX RATE, WHICH WITHIN THE RECOMMENDED BUDGET, IS CURRENTLY 41.76 CENTS. WE ARE GOING TO HAVE A DISCUSSION REGARDING THE TAX RATE RIGHT AFTER THIS. BUT THIS IS THE PORTION OF THE PUBLIC HEARING. IN ADDITION, SEPTEMBER 11th, MONDAY, 7:00 P.M., THE CITY COUNCIL IS SCHEDULED TO ADOPT THE TAX RATE. >> Mayor Muns: THANKS, KAREN. ANY QUESTIONS FOR KAREN? I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? >> City Clerk: THERE ARE NO SPEAKERS ON THIS ITEM. >> Mayor Muns: I'LL CLOSE THE PUBLIC HEARING, CONFINE THE COMMENTS TO THE COUNCIL. COUNCILMEMBER WILLIAMS? >> Williams: THANK YOU, MAYOR. I HAVE A CHART THAT I CREATED TODAY, WHICH IS A VISUAL REPRESENTATION OF THE ANALYSIS I WAS TALKING ABOUT AT THE LAST MEETING. >> (OFF MIC). >> Mayor Muns: YEAH, BUT IT'S BEAUTIFUL ARTWORK. [ LAUGHTER ]. >> City Clerk: ITEM NUMBER TWO. DISCUSSION AND DIRECTION REGARDING PROPOSED AD VALOREM TAX RATE. >> Mayor Muns: HOLD ON. DO I NEED TO OPEN? OH, THAT'S RIGHT, OKAY. >> Williams: OKAY. LISA, DO WE HAVE ANOTHER COPY WE COULD PUT ON THE OVERHEAD? >> (OFF MIC). >> Williams: OKAY, THANK YOU. ALSO, MARK, I DO HAVE QUESTIONS ABOUT THIS SINCE YOU PUT IT BACK ON MY RADAR. I'LL DISCUSS THIS FIRST. SO STAFF WAS GOOD ENOUGH TO PROVIDE US WITH 20 YEARS OF DATA ON THE INCREASE OF THE BUDGET, NET OF THE NORTH TEXAS MUNICIPAL WATER DISTRICT BECAUSE THAT'S CALCULATED SEPARATELY FROM OUR BUDGET BASED ON TAX REVENUES, AS WELL AS AVERAGE HOME PRICES, AVERAGE HOMESTEADED PRICES, TAX BILLS ASSOCIATED WITH BOTH, CPI INFLATION, ACCORDING TO THE BUREAU OF LABOR STATISTICS. MCI, WHICH IS THE MUNICIPAL COST INDEX VERSION OF INFLATION. PLUS POPULATION GROWTH. SO I TOOK JUST FIVE OF THESE MEASURES TO SHOW THE PROGRESSION FROM THE 2003/2004 FISCAL YEAR FOR PLANO AND SHOW HOW EACH TRACKED OVER THE YEARS. SO ONE OF THE THINGS THAT I WAS SAYING AT THE LAST MEETING WAS THAT WE'VE GONE THROUGH PERIODS OF SIGNIFICANT DIVERGENCE BETWEEN THE AMOUNT OF THE BUDGET AND MCI, MUNICIPAL COST INDEX, PLUS POPULATION GROWTH. SO I FEEL THAT WHAT WE SHOULD ULTIMATELY BE TRACKING TO, WEIGHING A FEW OTHER THINGS, IS KEEPING UP WITH THE INFLATION THAT WE EXPERIENCED. MUNICIPAL COST INDEX MEASURES THINGS SUCH AS THE COST OF ASPHALT, WHICH YOU DON'T GET AT KROGER. SO THAT'S LITERALLY THE COST FOR CITIES, MUNICIPAL COST INDEX. WE NEED TO BE KEEPING PACE WITH THE INFLATION THAT IMPACTS THE SERVICES THAT WE OFFER AS A CITY, PLUS POPULATION GROWTH. NOW, THE SIZE OF THE BUDGET IS DISCONNECTED FOR THIS PURPOSE FROM THE VALUE OF HOMESTEADED PROPERTIES OR THE TAX RATE AS IT APPLIES TO PROPEIES TAXED IN BOTH YEARS FOR PURPOSES OF THE NO NEW REVENUE RATE CALCULATION, THE VOTER APPROVAL RATE. BUT WHAT WE SEE HERE, STARTING FIRST WITH THE GREEN LINE AND THE RED LINE. WE HAVE PERIODS OF CONVERGENCE. THAT'S WHERE BASICALLY THEY HAVE CAUGHT UP TO ONE ANOTHER. THE GROWTH OF OUR BUDGET AND THE MCI, OUR INFLATION PLUS POPULATION GROWTH TO WHERE THEY'RE IN BASICALLY EQUILIBRIUM. IF WE ADOPT THE PHILOSOPHY THAT WE SHOULD MAINTAIN EXCELLENT ALITY SERVICES WHILE EMPLOYING FIDUCIARY RESPONSIBILITY TO OUR TAXPAYERS, THEN WE SHOULD BE SEEKING TO KEEP PLACE WITH INFLATION AND THE GROWTH OF OUR POPULATION BECAUSE WE HAVE TO PROVIDE SERVICES TO THE GROWING POPULATION. BUT NOT IN EXCESS OF THAT. THAT'S THE FIDUCIARY RESPONSIBILITY PART. SO IN 2006/07 TO 2007/08, THE LINES ARE PRETTY MUCH EVEN. THE LINES ARE PRETTY MUCH DIVERGENT, BUT THEN THE GAT RECESSION HAPPENED AND THE BUDGET ACTUALLY SHRANK. THEN AFTER A WHILE THE BUDGET CLIMBED TO CATCH UP, AND THEN THEY CONVERGED AGAIN IN ABOUT 2019/20. THAT'S WHEN WE ADOPTED NO NEW REVENUE RATE FOR THE FIRST TIME. FOR THE NEXT FISCAL YEAR, THE WORLD HAD TURNED UPSIDE-DOWN, AND WE DELIBERATELY ADOPTED THE NO NEW REVENUE RATE BECAUSE OF THE UNCERTAINTY AND THE IMPACT TO OUR PEOPLE. WE DID THAT FOR TWO MORE FISCAL YEARS. SO I HAD NEVER INTENDED TO CHAMPION THE NO NEW REVENUE RATE FOR A FIFTH YEAR IN A ROW THIS YEAR, AND THE REASON IS BECAUSE OF THE SEPARATION OF THAT GREEN AND RED LINE TOWARD THE FAR RIGHT EDGE OF THIS CHART. BECAUSE WE WERE HOLDING BACK AND DURING A PERIOD OF ECONOMIC UNCERTAINTY, AND BASED ON OUR LAST BUDGET DISCUSSION, WE HAD BEEN LOSING COMPETITIVENESS WITH OTHER AREA CITIES. LET'S FACE IT, BACK IN 2004, 2005, 2006, WE DIDN'T FACE THE SAME LEVEL OF COMPETITION FROM OTHER METROPLEX CITIES. NONES IN TERMS OF THE CALIBER OF OUR PEOPLE, THE QUALITY OF OUR SERVICES. SO I DO CHAMPION ADOPTING THE MODIFIED VOTER APPROVAL RATE IF AS WE DISCUSSED LAST MEETING WE CAN ENSURE THAT THE DELTA THERE IS PUT TOWARD COMPENSATION FOR OUR STAFF BASED ON THE OUTCOME OF THE COMPENSATION PHILOSOPHY STUDY THAT IS UNDERWAY. I DON'T KNOW WHAT THAT IS GOING TO ENTAIL, WHAT QUOTE, UNQUOTE RIGHT SIZING OUR COMPENSATION IS GOING TO ENTAIL. I WANT TO MAKE SURE THAT WE CAN DO IT, BECAUSE AS I'VE SAID MULTIPLE TIMES, IN THE PERIOD OF INFLATION THAT WE'VE HAD OVER THE PAST COUPLE OF YEARS, EVEN THOUGH WE'VE GIVEN STAFF A 3% COMPENSATION INCREASE EACH YEAR, WITH 8, 9% INFLATION, THAT IS AN ACTUAL PAY CUT, SO I WANT TO BALANCE MAKING OUR STAFF WHOLE, WHILE RECOGNIZING THAT OUR CITIZENS, OUR TAXPAYERS HAVE NOT HAD THE LUXURY OF THOSE INCREASES EITHER. IT'S A DELICATE BALANCE, BUT I DO HAVE -- I DO HAVE SOME QUESTIONS PURSUANT TO THAT THAT I WANT TO ASK ABOUT THE OPTIONS IN FRONT OF US. >> PLEASE GO AHEAD. >> Williams: SO IN THESE OPTIONS THAT WE'RE PRESENTED WITH, FIRST I WANT TO CLARIFY SOMETHING. ONE OF THE FOOTNOTES HERE ABOUT THE -- THE MAINTAIN EXISTING LONGEVITY PAY, I'M ASSUMING THAT OPTION MEANS WE DISPENSE WITH THE LONG GIF AT THIS PAY INCREASE AND RECOUP THE $1.3 MILLION TO ACHIEVE OUR COUNCIL GOALS. >> CORRECT. >> Williams: THE FOOTNOTE WOULD CONSIDER LONGEVITY AS PART OF THE COMPENSATION FLOSS AT THIS STUDY. PHILOSOPHY STUDY. THEY'LL CONSIDER IT AND IF WE RECOMMEND IT, THEY WOULD ADD IT BACK FROM THE COMPENSATION FUND? >> CORRECT. >> Williams: OKAY. WHAT IS THE CURRENT ANTICIPATED COMPLETION DATE OF THE COMPENSATION PHILOSOPHY STUDY? >> WE'VE JUST E CONSULTANT RECENTLY, SO WE ANTICIPATE AT LEAST THREE MONTHS FOR THAT TO COME BACK, SO PROBABLY CLOSE TO THE END OF THE CALENDAR YEAR. >> Williams: OKAY. BUT I THINK IT WOULD BE SAFE TO SAY -- WOULD IT BE SAFE TO SAY THAT WHATEVER THE CONSULTANT RECOMMENDS AS PART OF THE COMPENSATION PHILOSOPHY, WHETHER THAT IS LONGEVITY PAY OR OTHER CREATIVE MECHANISMS, THAT WE WOULD THEN BE ABLE TO USE THE COMPENSATION FUND TO >> ISRAELSON: I DON'T WANT TO PROMISE THAT WE WILL HAVE THE FULL FUND TO FUND EVERYTHING THAT WE SAY. >> Williams: TO THE EXTENT THAT WE HAVE THE FUND. >> ISRAELSON: TO THE EX TINT WE HAVE THE FUND, WE WILL BE TAKING STEPS THIS YEAR. >> Williams: OKAY. THANK YOU. NOW, I WAS UNCERTAIN ABOUT THE MATH HERE. SO WHEN WE TALKED ABOUT THE RECOMMENDED RATE OF 41. 6, FOR THE RATE OF 41.76 FOR THE RECOMMENDED BUDGET, WE SAID THAT IT -- IN ORDER TO ACHIEVE THE 40.60ATE, WE WOULD NEED TO REMOVE 6.4 MILLION FROM THE BUDGET? SO IF WE'RE GOING TO TAKE THAT DELTA OF 6.4 MILLION, WE'RE GOING TO PUT AN ALTERNATIVE 5 MILLION IN -- INTO THE COMPENSATION POOL, IS THAT ON TOP OF THE 2 MILLION THAT WE ALREADY HAVE. >> NO, THE 5 MILLION INCLUDES THE 2 MILLION, THE DIFFERENCE BETWEEN THE 6.4 AND THE 5, IS THE 1.5% INCREASE, SOHAT IS GOING TO 4.5%. >> Williams: OKAY. >> BETWEEN 5, 1.5 IS GOING TO BE THAT 6.4, THAT'S THE DIFFERENCE. >> Williams: OKAY. AND THAT 1.5%, THAT IS THE 3.3 MILLION? >> CORRECT. >> Williams: OKAY. THEN I'M SQUARE O ON THAT. OKAY, THEN IN ADDITION TO -- IN ADDITION TO EVERYTHING I LAID OUT WITH THIS CHART, I THINK THAT IF WE ADOPT THIS RATE, THE 41.76 RATE, WE WILL APPLY THAT TO RIGHT SIZING OUR COMPENSATION, I THINK WE WILL HAVE PRETTY MUCH ACHIEVED EQUILIBRIUM AGAIN AFTER A ZIGGING AND ZAGGING THROUGH THE PAST COUPLE OF DECADES. I THINK IT WOULD BE INCUMBENT UPON COUNCIL THIS BUDGET YEAR TO ADOPT A BUDGET AND TAX RATE PHILOSOPHY TO GUIDE US IN FUTURE COUNCILS THAT TAKE AS MULTI-YEAR VIEW, BECAUSE WHERE WE'VE D DIVGED HERE, BECAUSE OF SIGNIFICANT ECONOMIC AND GLOBAL EVENTS AND I THINK WE NEED TO TAKE A LOOK BOTH BACKWARDS AND FORWARDS. ORIGINALLY I WAS THINKING MAYBE WE JUST VIEW THIS IN TERMS OF FIVE YEARS, BUT I'M THINKING MAYBE AS A PHILOSOPHICAL APPROACH, IT WOULD BE MORE -- IT WOULD BE MORE APPROPRIATE TO TAKE A THREE YEAR LOOK BACK AND A THREE YEAR LOOK FORWARD. OF COURSE NOBODY HAS A CRYSTAL BALL, BUT WHATEVER ENVIRONMENT WE'RE IN, WHETHER IT'S THE GREAT RECESSION, WHETHER IT'S COVID, WHETHER IT'S AN S AND L CRISIS, WHATER LIFE IS GOING TO THROW AT US, AND IT WILL, WE CAN TAKE A THREE YEAR LOOK FORWARD TO SAY, OKAY, WE'VE EXERCISED RESTRAINT OR WE'VE MADE UP FOR THE PAST THREE YEARS, OR THE THREE YEARS PRIOR, HOW ARE WE GOING TO APPROACH THE BUDGET AND THE TAX RATE FOR THE NEXT THREE YEARS, ASSUMING THAT THE PLANET DOESN'T GET ANY WORSE. THESE ARE ROUGH GUIDELINES, BUT I'VE MADE SOME NOTES AS TO THE KINDS OF PHILOSOPHIES THAT I THINK SHOULD GUIDE US, ONE IS JUST TAKING A MULTI-YEAR VIEW. NO YEAR EXISTS IN ISOLATION, WHEN WE STARTEDOOKING AT ADOPTING THE VOTER APPROVAL RATE, OR AT LEAST THE 3.5% INCREASE THIS YEAR, WE DID IT THROUGH THE LENS OF WHAT HAVE WE DONE THE PAST FEW YEARS, AND WHAT I WOULD SAY IS PROBABLY THE -- THE GREATEST ERA OF FISCAL RESPONSIBILITY SINCE I'VE LIVED IN PLANO, BUT WE HAVE TO SET THREE MAYBE MORE PILLARS THAT WE'RE WORKING AROUND, AND I THINK THEY WOULD ALIGN VERY CLOSELY TO YOUR FIVE AREAS OF INSPECTION MARK EXERCISING FIDUCIARY RESPONSIBILITIES TO TAX PLAYER, WHICH INCLUDES MAKING SURE THAT THEIR IMPACTS UNDER CPI ARE ADDRESSED. MAINTAINING HIGH QUALITY CITY SERVICE SERVICES AND REMAINING COMPETITIVE, IT'S HARD TO STRIKE THAT BALANCE, BUT I THINK THAT SHOULD BE AN EXPLICIT PHILOSOPHY TO GUIDE US GOING FORWARD. AND SECONDLY, I'D LIKE A STATEMENT LIKE RIGHT AT THE TOP, ACKNOWLEDGING THAT THE CITY DOESN'T HAVE ANY MONEY. IT'S ALL THE TAXPAYER'S MONEY, AND JUST RECOGNIZE THAT RESPONSIBILITY EVERY PROCESS.UNDERGO THIS D THESEERE JUST IDEAS THAT I JOTTED DOWN, BUT I THINK IT'S WORTH ACTUALLY CODIFYING A PHILOSOPHY THIS YEAR. >> SO COUNCILMAN, I WOULD JUST ADD IN, WE BEGAN THE FISCAL ROAD MAP THIS YEAR, SO I THINK THAT A PHILOSOPHY MAKES SENSE, AND IT'S GREAT FOR THE CITY. I WOULD SUGGEST THAT WE MIGHT WANT TO DO A LITTLE BIT ADDITIONAL WORK TO MAKE SURE WE HAVE CLARITY ON WHAT -- WHAT EACH OF THOSE TERMS MEANS. I HAVE NO ISSUE WITH BRINGING THAT BACK AS A WORK SESSION ITEM TO BE ABLE TO BE DISCUSSED. >> Williams:OT PROSING DO THAT TONIGHT. >> THANK YOU. BUT I THINK FOR US TONIGHT, ONE OF THE THINGS I WAS -- AND YOU KIND OF TOUCHED ON IT, SO I'LL EXPLAIN JUST THE DIFFERENCES REAL QUICK, YOU KNOW, I MEAN THIS WITH SINCERITY. I MENTIONED THIS LAST TIME. THERE'S NO HIDDEN POOLS. THERE'S NO MAGIC FUNDS. THIS IS GOING TO BE SOMETHING THAT WE'RE A MATTER OF CHOICE FOR COUNCIL, ALL OF THESE ARE GREAT, WE APPRECIATE THE COUNCIL'S SUPPORT, I WANT TO MAKE SURE WE SAY THAT FIRST. SO THE COUNCIL GOALS OPTION, THIS GOES BACK TO THERE WERE FROM HEAD NOD FROM COUNCIL, ONE WAS THAT IT DID REQUIRE COMPENSATION POOL FOR ANYTHING ABOVE THAT -- THAT VOTER APPROVED RATE. THE SECOND ONE WAS RESTORING COMPLETELY THE CAPITAL MAINTENANCE, SO THE INFRASTRUCTURE SIDE OF THINGS. I DID PROVIDE A LITTLE BIT OF AN ALTERNATE OPTION, JUST A SLIGHT DIFFERENCE, AND PART OF THAT IS DELAYING BASICALLY HALF A MILLION DOLLARS JUST A LITTLE BIT MORE THAN THAT IN CAPITAL MAINTENANCE FACILITY PROJECTS THAT WE HAVE IDENTIFIED, AND THEN THE DIFFERENCE IN THAT WOULD BE ADDING BACK IN POSITIONS, AND THE REASON FOR THAT, COUNCIL, IS THE BACKLOG OF WORK THAT WE ARE EXPERIENCING. THAT BACKLOG CONTINUES TO BUILD, AND WITHOUT THE POSITIONS, THAT'S GOING TO BE EVEN MORE SUBSTANTIAL NEXT YEAR. SO I DID PROVIDE AN ALTERNATE OPTION WHILE TRYING TO KEEP AS CLOSE AS I POSSIBLY COULD TO THOSE TWO ITEMS. I DO FEEL THAT THE ADDITIONAL POSITIONS, AND WE HAVE SCRUBBED THOSE, 8 WEEKS FROM, YOU KNOW, YOU NAME IT, I TOLD MY STAFF, I WENT PAST THE WEEDS AND I WAS THIS THE SOIL IN THIS BUDGET, AND I WAS LOOKING EVERY POSSIBLE -- I WASN'T LOOKING FOR NICKELS, I WAS LOOKING FOR PENNIES, USED PENNIES, WHATEVER IT WAS, I EVEN FOUND SOME OF THOSE CANADIAN PENNIES, WE WERE LOOKING FOR ANYTHING THAT WOULD POSSIBLY WORK TO MAKE THIS WORK. I DO TRULY FEEL THAT THE POSITIONS THAT WE HAVE LISTED, WE HAVE THEM LISTED OUT THERE, YOU KNOW, LIBRARIANS AND ASSOCIATE PLANNERS AND PRODUCTION COORDINATORS, AND ATTORNEYS AND TS PROJECT MANAGERS, THOSE POSITIONS HELP ALLEVIATE A BACKLOG OF WORK, AND SO THAT WAS THE ALTERNATE OPTION 2. I WILL BE CANDID WITH YOU. I WILL TAKE EITHER OPTION. I THINK THIS IS A GREAT BUDGET AND APPRECIATE ALL THE WORK THAT YOU DID, BUT DID WANT TO AT LEAST OFFER THAT AS AN ALTERNATIVE. >> Mayor Muns: THANK YOU. >> Williams: I APPRECIATE THE WORK THAT WENT DO INTO THIS. I UNDERSTAND HOW DIFFICULT IT WAS. TWO OF THE ITEMS ON HERE, REDUCING NEW HIRES AND MAINTAINING EXISTING LONGEVITY PAY, BECAUSE MY WHOLE STAKE IN THE GROUND WAS PROVIDING FOR THE COMPENSATION FUND, I'M A LITTLE CONCERNED ABOUT PUTTGITHE OF THESE ON THE CHOPPING BLOCK, BUT I REALIZE THE MONEY HAS TO CME FROM SOMEWHERE. WHEN WE WERE TALKING THE WEEKEND BEFORE LAST, YOU WERE ASKING FOR CLARIFICATION AS TO WHETHER I COUNTED THAT DELTA IN ADDITION TO THE 2 MILLION WE ALREADY HAD SET ASIDE, OR NOT. IF I WERE TO CHANGE MY ANSWER AND SAY THAT YOU CAN -- YOU CAN INCLUDE THAT 2 MILLION THAT WE ALREADY HAVE PUT AWAY FOR THE COMPENSATION STUDY, FIGURING IT'S GOING TO BE USED ONE WAY OR THE OTHER IN THE END, BUT WE CAN MOVE FORWARD IMMEDIATELY WITH THE NEW HIRES AND THE LONGEVITY PAY, WOULD THAT RESTORE THAT EQUILIBRIUM? >> KAREN? >> WELL, I JUST WANT TO SAY SOMETHING, I THINK I MIGHT HAVE MISSED SOMETHING. THIS $5 MILLION THAT THE BOND HAS THE -- AT THE BOTTOM HAS THE 2 MILLION THAT WAS ORIGINALLY IN THERE, PLUS THE ADDITIONAL 3 MILLION. THE ADDITIONAL 3 MILLION CAME FROM UP HERE, AND WE HAVE ALREADY FUNDED OR WERE IN THE PROCESS OF GOING UP TO THE 4.5%. I JUST WANT TO MAKE THAT CLEAR. >> BECAUSE THE 1.5 IS 3.3 IN THAT CALCULATION. SO I THINK HE'S GOT THAT MATH. SO -- THE BOTTOM LINE IS I DON'T THINK THAT IT MAKES WHOLE, SO WE COULD MOVE FROM THE BOTTOM LINE UP TO FUND THAT, BUT IT DECREASES THE POOL IF THAT MAKES SENSE. >> Williams: THAT'S WHAT I'M SAYING I'D BE OKAY WITH. WE'RE BASICALLY FRONT LOADING THAT TOWARD COMPENSATION NOW IN EXCHANGE FOR A LESSER POOL ON THE BACK END. >> SO ESSENTIALLY THE POOL WOULD BE ABOUT $2 MILLION -- EXCUSE ME, $3 MILLION, AND 2 MILLION WOULD GO UP INTO THE LONGEVITY PAY AND THE NEW POSITIONS, AND THAT WOULD BE -- THAT WOULD ACTUALLY -- THAT WOULD ACHIEVE THAT GOAL AND I THINK IT WOULD BE WELL RECEIVED BY STAFF. >> Williams: OKAY. BECAUSE THAT'S -- THAT'S WHERE -- >> THAT'S WHERE YOU'RE COMFORTABLE? >> Williams: YEAH. >> Tu: CAN I GET A ONE SENTENCE SUMMARY? SO I GET IT, SHELBY, THANK YOU VERY MUCH. SO THERE'S THE ORIGINAL AND THERE'S THE OPTION 1 AND OPTION 2. >> Mayor Muns: RIGHT. >> Tu: THEY'RE ALL THE SAME NUMBERS, JUST ALLOCATED FFERENTLY. WHAT IS THE CITY MANAGER'S RECOMMENDATION? >> MY OPTION WOULD BE OPTION NUMBER 2 IS WHAT I WOULD RECOMMEND. I LIKE WHAT COUNCILMAN WILLIAMS JUST SAID AS FAR AS MAKING THE POOL SMALLER, AND THE LONGEVITY PAY AS WELL. >> Tu: SO ALTERNATE OPTION 2 IS THE ONE THAT CURRENTLY CITY MANAGER IS RECOMMENDING, IS THAT RIGHT. >> THAT'S CORRECT. >> Tu: OKAY. >> Mayor Muns: ANTHONY? >> Ricciardelli: THANK YOU MAYOR. SO I'LL TRY TO KEEP THIS BRIEF, BUT, YOU KNOW, OBVIOUSLY I -- WE NEED TO DO EVERYTHING WE CAN TO SUPPORT OUR PEOPLE. WE NEED TO PRIORITIZE PEOPLE, WE SAW THE LIFE SAVING EARLIER TONIGHT, PEOPLE DO THAT. WE NEED TO KEEP OUR INFRASTRUCTURE WELL MAINTAIN AND WE NEED TO KEEP TAXES LOW. AT THE SAME TIME, AFFORDABILITY IS ONE OF OUR FIVE PILLARS, AND IT'S HARDER FOR ME TO SEE THAT IN THIS BUDGET THAN IN PAST YEARS BECAUSE PROPERTY VALUES ARE INCREASING SO GREATLY, AND WE'RE PROPOSING TO KEEP THE EXACT SAME TAX RATE AS LAST YEAR, NOT PROVIDE ANY PROPERTY TAX RELIEF, YOU KNOW, TO TITE THE IREAS THAT RESULTS FROM THE PROPERTY VALUATION INCREASE. SO AGAIN, I'M -- I WANT TO DO EVERYTHING THAT, YOU KNOW, OPTION 2 (B) TALKS ABOUT FOR OUR PEOPLE. EVERYTHING ON EMPLOYEE COMPENSATION I SUPPORT. BUT I DO THINK WE HAVE TO COME OFF OF LAST YEAR -- THIS IS ME PERSONALLY, THAT WE HAVE TO COME OFF OF LAST YEAR'S TAX RATE TO SOME DEGREE, TO INCLUDE THAT FIFTH PILLAR OF AFFORDABILITY IN THERE. THE WAY I WOULD DO THAT IS TO TAKE OPTION 2 (B) THAT WE WERE JUST DISCUSSING AND TO -- TO MOVE BACK IN THE -- WHAT WAS IN THE ORIGINAL PROPOSAL TO GET DOWN TO THE ONE YEAR VOTER APPROVAL RATE OF REDUCING THE CAPITAL MAINTENANCE FUND TRANSFER BY 5 MILLION, THAT WAS IN THE ORIGINAL, IT'S NOT CURRENTLY IN ALTERNATE 2 (B). THE REASON I'M COMFORTABLE WITH THAT IS THAT IT'S NOT ABSOLUTELY GUARANTEED, BUT WE HAVE A CONTRACT, AS LONG AS THEY THINK WE'RE IN GOOD STANDING, WE'RE GOING TO GET THESE DARK FUNDS THAT ENABLE US TO DO TRANSPORTATION PROJECTS AND THAT CAN REPLACE SOME OF THE REVENUE THAT WE WOULD HAVE USED IN TE CAPITAL MAINTENANCE FUND, SO I THINK WE HAVE THAT OPPORTUNITY TO DO ALL OF THESE THINGS FOR OUR EMPLOYEES AND STILL COME DOWN ON THE TAX RATE. I WOULD PERSONALLY ALSO SUPPORT CAPPING THE ECONOMIC DEVELOPMENT FUND TRANSFER. THERE ARE TWO OPTIONS HERE, AT 10 MILLION OR 8.5 MILLION. I WOULD BE INTERESTED IN LEARNING MORE ABOUT, YOU KNOW, THOSE TWO, BUT CERTAINLY DOING AT LEAST ONE OF THEM. THE 1.4 MILLION DECREASE TO CAP IT AT 10 MILLION WAS IN THE -- AGAIN, THE ORIGINAL RECOMMENDATION TO COME DOWN TO THE ONE YEAR VOTER APPROVAL RATE, I WOULD ABSOLUTELY BE IN FAVOR OF DOING THAT. BETWEEN THOSE TWO THINGS, THAT WOULD BRING US DOW 6.4 MILLION STILL DOING EVERY SINGLE THING THIS OPTION 2 (B) THAT WE DISCUSSED WOULD DO FOR OUR EMPLOYEES, WHICH I THINK WE ABSOLUTELY MUST DO. OUR EMPLOYEES DESERVE IT. WE HAVE TO TAKE CARE OF OUR EMPLOYEES, AND LOOK AT WHERE WE ARE, IN COMPARISON TO THE MARKET. SO I'M FULLY IN FAVOR OF DOING THAT, BUT I THINK WE CAN DO THIS THROUGH THE CAPPING THE ECONOMIC DEVELOPMENT FUND TRANSFER, REDUCING THE CAPITAL MAINTENANCE TRANSFER, BY 5 MILLION, AND I WOULD ALSO LIKE TO SEE US LOOK AT THINGS LIKE -- LIKE GYM FEES, THINGS THAT ARE, YOU KNOW GOODS SERVICES BUT THEY'RE NOT YOUR CORE CITY FUNCTIONS LIKE CALLING 911, BECAUSE I'M A MEMBER AT THE MUEHLENBECK CENTER, IF OUR EMPLOYEES ARE SEEING GO UP 15%, HOMESTEAD ARE SEEING TAX BILLS GO UP 10%, GYM MEMBERSHIP SHOULD BE GOING UP 10 TO 15% ALSO TO TAKE THE LOAD OFF THE TAXPAYERS. THAT WOULD BE MY PROPOSAL. >> Mayor Muns: MAYOR PRO TEM? >> Prince: IT SOUNDS LIKE PEOPLE ARE LEANING TOWARD OPTION 2. THAT'S NOT THE ONE I'M MOST COMFORTABLE WITH AND I'LL TELL YOU WHY. OPTION 1, I DON'T WANT T REDUCE THE CAPITAL MAINTENANCE FOR A COUPLE OF REASONS, ONE, THIS BEAUTIFUL GRAPHIC SHELBY PUT TOGETHER SHOWS THOSE COSTS ARE CONTINUALLY GOING UP, RIGHT, EVEN IF THEY'RE NOT GOING TO GO UP AT THE SAME RATE, EVERY YEAR YOU'RE GOING TO KEEP COMING BACK TO US SAYING ALL THESE PROJECTS ARE MORE EXPENSIVE. SO THE FACT THAT WE DELAY PUTTING MONEY OVER, THAT DOESN'T CHANGE THE FACT THAT THE COST OF THE PROJECT IS GOING TO BE MORE. SO I WOULD RATHER HAVE MORE MONEY IN THAT FUND FOR INFRASTRUCTURE PROJECTS RATHER THAN ADDING ADDITIONAL STAFF. AND THE CHALLENGE WITH ADDING ADDITIONAL STAFF, I THINK IF WE'RE ASKING OUR TAXPAYERS TO PAY MORE MONEY, I THINK THEY WOULD PREFER THAT IT BE SPENT ON FIXING THE ROADS AND SEWER LINES THAN HAVING ADDITIONAL EMPLOYEES. SO I THINK FOR ME, THAT'S WHY I PREFER OPTION NUMBER 1. I WOULD LIKE FOR US TO BE ABLE TO PAY THE ONES WE HAVE MORE, BUT ADDING MORE, AND THE AMOUNT THAT YOU HAD ORIGINALLY SAID I THINK IT WAS 5 MILLION THAT WE'RE PUTTING TOWARD, THAT IS ILL JUST VERY HARD FOR ME TO SWALLOW THAT AMOUNT. >> ACTUALLY, I THINK THE TOTAL NEW EMPLOYEES WAS 3.75 MILLION. >> Prince: OH, I'M SORRY, WAS THAT -- IS THAT THE NEW NUMBER IF YOU TAKE OUT THE .5 MILLION OR IT WOULD BE DOWN TO -- ON OPTION -- >> NO, SO THE -- RIGHT, SO THERE'S STILL -- THERE'S STILL -- THERE STILL ARE NEW HIRE POSITIONS, SO IF YOU LOOK AT THE SECOND, JUST UNDER THE REDUCE THE NEW HIRES, IT'S DELAYING THE NEW HIRES, THERE ARE NEW HIRES IN THERE, FOR PUBLIC SAFETY POSITIONS, FOR CIP POSITIONS, THERE ARE STILL SOME IN THERE, BUT WE CUT TO BE ABLE DO GET DOWN TO THE NUMBER COUNCIL WAS LOOKING FOR. >> THEY WOULD START OCTOBER 1, INSTEAD OF APRIL 1. >> Prince: WHAT IS THE TOTAL AMOUNT THAT WE WOULD BE SPENDING ON NEW HIRES? >> WELL, THE TOTAL -- THE ORIGINAL TOTAL WAS 3.7 MILLION AS HE MENTIONED. >> Prince: RIGHT, WE TAKE OUT THAT .5. >> ON HIS OPTION NUMBER 1, THAT IS ONLY $500,000, SO YOU WOULD STILL HAVE 3.2 THAT YOU'RE GOING TO SPEND ON HIRES. NOW, WITHIN HERE, WHAT HE'S SUGGESTING INSTEAD OF HIRING, WHICH THESE POSITIONS LIKE CIP COMING ONLINE, PUBLIC SAFETY POSITIONS, THE DSSR, THESE ARE REALLY ON OUR MANDATED KIND OF WE NEED THESE POSITIONS. WHAT HE IS SUGGESTING, LET'S NOT HIRE UNTIL APRIL 1. >> I'M TALKING ABOUT THE .5 MILLION ON OPTION ONE. I PREFER THAT OVER OPTION 2 WHER- >> Mayor Muns: OKAY. LET ME GET A SHOW OF HANDS. THIS IS NOT A VOTE TONIGHT. SO LET ME GET A SHOW OF HANDS, WHO IS IN FAVOR OF THE 4176 TAX RATE. OKAY. SO WE HAVE DIRECTION THERE. AND I'M JUST GOING TO SAY, THOSE THAT ARE IN FAVOR OF OPTION 1, PLEASE RAISE YOUR HAND. OKAY. NOW EXPLAIN TO ME WHAT 2 (B) AND 2 (A) WAS. OR AND 2 (B). >> WE'LL SAY 2 AND 2 (B), OPTION 2 RESTORES SOME OF THE POSITIONS THAT WE HAD TAKEN OUT, SO THE LONGEVITY STILL WOULD NOT BE INCREASED, IT WOULD BE BACK TO THE ORIGINAL AMOUNT. OPTION -- SO OPTION 2 WOULD TAKE BASICALLY $600,000 OUT OF THE CAPITAL MAINTENANCE AND PUT THAT TOWARD -- TOWARD POSITIONS. OPTION 2 (B) ACTUALLY TAKES PART OF THAT $5 MILLION AND REDUCES THAT IN ORDER TO FUND THE LONGEVITY PAY GOING UP THAT WE HAD ORIGINALLY PROPOSED AS WELL AS THE POSITIONS. SOHERE STILL REMAIN AS POOL TO BE ABLE TO DO COMPENSATION, ADJUSTMENTS OF $3 MILLION, BUT IT FRONT LOADS SOME OF THE ADJUSTMENTS ON THE COMPENSATION SIDE BY FUNDING THE LONGEVITY UP FRONT AND IT ALSO HELPS US WITH THE BACKLOG OF WORK BY FUNDING THE POSITIONS, THE POSITIONS WOULD COME ON APRIL 1, LIKE THE OTHER POSITIONS AS WELL. >> Mayor Muns: SO GO AHEAD, SHELBY, REAL QUICK. >> Williams: FIRST, IF IT MAKES IT EASIER TO REMEMBER, IT'S TO BE OR NOT TO BE. I COULDN'T RESIST. [ LAUGHTER ] SOAYBE -- LET ME ASK THIS, IF WE WERE TO HAVE OUR CAKE AND EAT IT TOO, WE WERE TO KEEP THE NEW HIRES, THE LONGEVITY PAY, AND NOT DELAY THE CAPITAL MAINTENANCE FACILITY PROJECTS, THEN BY TAKING THIS 2 MILLION THAT WE ALREADY HAVE IN THE COMPENSATION STUDY FUND, WE'D HAVE AN EXCESS OF $400,000. WOULD THE ECONOMIC DEVELOPMENT FUND TRANSFER BE ABLE TO DO WITH THE $400,000 LESS THAN THE 8.5 MILLION, CAP IT AT 8.1 INSTEAD OF 8.5? >> WE'VE ALREADY PULLED BACK ONHAT QUITE A BIT. >> SO COUNCILMAN, YOU KNOW, I THINK WE'RE -- WE'RE, AGAIN, WE'RE SCRAPING TO FIND THIS. I DID TALK WITH DOUG MCDONALD TO DO KIND OF A TOLERANCE STUDY AND LOOK AT THE HIGH END AND LOW END OF WHAT WE'VE DONE ON AN ANNUAL BASIS, WHEN I SAY WE WERE IN THERE, WE WERE IN THERE DEEP TO LOOK AT THE NUMBERS. I THINK WE WERE MORE COMFORTABLE AT 8.5, BUT I ALSO UNDERSTAND WHERE COUNCIL IS, I MEAN THIS WITH SINCERITY, WE'RE FACING CHOICES AND DECISIONS EVERY YEAR FROM NOW ON. SO THAT IS A CHOICE AND A DESION, AND IF COUNCIL GIVES THAT DIRECTION, WE'LL GO THAT DIRECTION. >> LET ME JUST ASK DIRECTION ON 2 (B). WHO IS IN FAVOR OF 2 (B)? >> Ricciardelli: MAYOR, JUST A CLARIFICATION, DO YOU WANT ME TO VOTE ON THE OPTIONS EVEN IF I WASN'T IN FAVOR OF THE 41.76 OR -- >> Mayor Muns: YEAH, I WOULD LIKE THAT. >> Ricciardelli: YEAH, YEAH. >> Mayor Muns: THAT DIRECTION HAS BEEN ESTABLISHED. 41.76. >> Ricciardelli: GOT YA', WELL FANTASTIC OKAY. >> Williams: 2 (B) IS OPTION 2, BUT ADDING BACK IN THE NEW HIRES, ADDING BACK IN THE NEWIRES. >> Mayoruns: YEAH, THAT'S ALL IT IS. >> Williams: AND THE LONGEVITY. SO KEEPING THE NEW HIRES AND THE LONGEVITY -- >> Tu: ARE WE SAYING OPTION 1 IS NOW OUT -- >> Mayor Muns: THERE WAS JUST TWO THAT RAISED THEIR HAND. S I'M TRYING -- I'M TRYING TO GET SOME DIRECTION FOR SEPTEMBER 11th. OR 2 AND 2 (B). >> ALSO BROUGHT UP CUTTING BACK ON THE ECONOMIC DEVELOPMENT TO ADD BACK IN THE CAPITAL IMPROVEMENT -- >> Mayor Muns: WELL, I DON'T WANT TO COMPLICATE IT, SO -- >>illis: CONSIDER THAT WITHDRAWN. >> I JUST NEED DIRECTION FROM COUNCIL ON WHICH GENERAL DIRECTION YOU WANT TO GO, I'M GOING TO BRING IT BACK, I THINK 2 (B), AGAIN, THAT'S THE SIZE OF THE POOL, AND AGAIN THAT WAS DIRECTION FROM COUNCIL, JUST TRYING TO MAKE SURE I COMPLY WITH THAT DIRECTION SO -- >> Mayor Muns: TELL ME 2 (B), THOSE THAT WOULD RAISE YOUR HAND. (INDISCERNIBLE). >> Mayor Muns: YOU DID. >> Ricciardelli: I DID WANT TO MAKE A CLARIFICATION, I RAISED MY HAND FOR 2 (B), OUT OF THOSE OPTIONS, I THINK 2 (B) IS THE BEST, CONSIDER BETWEEN NOW AND THE ELEVENTH HOW I'LL VOTE ON THE ELEVENTH, I WANT TO BE TRANSPARENT, EI NEVER WANT TO SURPRISE SOMEBODY -- >> MAYOR AND COUNCIL, WE HAVE DIRECTION, WE WILL BRING BACK OPTION 2 (B) FOR THE FINAL BUDGET ADOPTION ON THE ELEVENTH. >> Mayor Muns: THANK YOU. NEXT ITEM? >> City Clerk: ITEM NUMBER 3. PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2022-9 TO AMEND THE COMPREHENSIVE ZONING ORANGE OF THE CITY, ORDINANCE NUMBER 2015-5-2 AS HERETOFORE AMENDED, SO AS TO REZONE 19.1 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF PLANO PARKWAY AND EXECUTIVE DRIVE IN THE CITY OF PLANO COLLIN COUNTY THE, TEXAS, FROM CORRIDOR COMMERCIAL TO PLANNED DEVELOPMENT 58 CORRIDOR DIRECTING A CHANGE ACCORDINGLY. >> ZONING CASE 2022-009, AND THIS IS BACK FROM THE PLANNING AND ZONING COMMISSION, IT IS LOCATED ON PLANO PARKWAY NEAR US 75, AND ALSO ALONG GEORGE BUSH, THE PRESIDENT GEORGE BUSH TURNPIKE, THE REQUEST IS TO CREATE A PLANNED DEVELOPME DISTRICT WITH THE COMMERCIAL ZONING THAT EXISTS TODAY. SO YOU CAN SEE THE NOTICE BOUNDARIES. AND THE AERIAL PHOTOGRAPH. YOU MAY RECOLLECT FROM THE ZONING HISTORY THAT THIS CASE WAS PREVIOUSLY DENIED BY PLANNING AND ZONING COMMISSION, THEN REMANDED BY THIS BODY TO THE PLANNING AND ZONING COMMISSION. THE APPLICANT DID MAKE CHANGES REGARDING OPEN SPACE SETBACKS AND AIR FILTRATION, AND THE PLANNING AND ZONING COISSION DID RECONSIDER THE CASE IN AUGUST. AND IT WAS RECOMMENDED BY A VOTE OF 6-2 BACK TO THIS BODY. SO I WILL JUST BRIEFLY REVIEW THE CHANGES THAT CAME THROUGH THE PLANNING AND ZONING COMMISSION. THE ORIGINAL PLANNED DEVELOPMENT DISTRICT HAD 150-FOR OPEN SPACE TO BE SETBACK FROM THE EXPRESSWAYS, THAT WAS CHANGED TO 300 FEET, THE 300-FOOT LINE IS INDICATED BY THE RED LINE. THE GREEN INDICATES THE OPEN SPACE AREA ON THE PLAN. THE CHANGES -- THERE WERE ALSO CHANGES IN AIR FILTRATION. THOSE ARE DETAILED ON THIS SLIDE WHERE THE OUTDOOR AIR SOURCE MECHANICAL VENTILATION UNIT AND FILTER, THOSE ARE IN -- THOSE HAVE BEEN INCLUDED AND ARE NEW TO THE PLANNED DEVELOPMENT DISTRICT. SO THERE ARE TWO PHASES, CURRENTLY WITHIN THE PLANNED DEVELOPMENT DISTRICT, THAT HAS NOT CHANGED FROM THE LAST TIME YOU SAW THE CASE. IT IS IN THE EXPRESSWAY CORRIDOR FUTURE LAND USE, CATEGORY, I'M GOING TO GO PRETTY QUICKLY THROUGH THESE, BECAUSE THIS HAS NOT CHANGED FROM THE LAST TIME YOU SAW IT. THERE ARE A NUMBER OF ITEMS IN THE COMPREHENSIVE PLAN THAT ARE MET INCLUDING THE FUTURE LAND USE MAP AND DASHBOARDS, MIX OF USES, CHARACTER DEFINING ELEMENTS, THOROUGHFARE PLAN MIKE, BIKING PLAN MAP, MASTER PLAN MAP, THERE ARE CHALLENGES WITH THE EXPRESSWAY CORRIDOR ENVIRONMENTAL HEALTH MAP, THE REDEVELOPMENT OF REGIONAL TRANSPORTATION CORRIDORS POLICY, BUT IT MEETS THE TRANSIT ORIENTED DEVELOPMENT POLICY, AND THEN TWO OUT OF THREE OF THE REDEVELOPMENT AND GROWTH MANAGEMENT POLICIES HAVE CHALLEGES AND THAT TRIGGERS FINDINGS WHICH ARE REQUIRED WITH THIS CASE. IT DOES HOWEVER PARTIALLY MEET THE DOWNTOWN VISION AND STRATEGY UPDATE. SO WITH THAT, JUST A QUICK REMINDER, THIS CASE DOES PROPOSE 501 MID RISE RESIDENTIAL UNITS, AND THERE ARE A NUMBERF MTI-FAMILY UNITS WITHIN THE AREA, AND IT IS TRANSIT ORIENTED DEVELOPMENT. THERE ARE ALSO SINGLE FAMILY RESIDENTS ATTACHED UNITS BEING PROPOSED, 33 OF THOSE, THAT ARE IN ALIGNMENT WITH THE FUTURE LAND USE MIX OF THE COMPREHENSIVE PLAN. THE ACCESS TO DART IS .4 MILES. THERE ARE SIDEWALKS THAT PROVIDE SERVICE ON EXECUTIVE AND THE 190 SERVICE ROAD. NOISE MITIGATION. THERE IS A SETBACK FROM THE 190 FRONTAGE ROAD. THE APPLICANT ADDED BERMS IN PHASE I TO HELP MITIGATE PENDING FUTURE DEVELOPMENT OF THE PRIMARY OFFICE BUILDING THAT IS ON THEIR PLAN. AND THERE ARE BALCONY RESTRICTIONS AS WELL TO HELP WHERE THE EXTERIOR NOISE LEVELS EXCEED THE STANDARD 65 dB REQUIMENT THERE ARE TWO TRN THE PD. AND THEN THIS DETAILS OUT THE PD STIPULATIONS, WE CAN -- THE PHASING IS FOR A MAXIMUM OF 260 UNITS IN THE FIRST PHASE THAT REQUIRES -- INCLUDES REQUIRED OPEN SPACE AND THE ATTACHED UNITS OF THE SFA TOWNHOUSE UNITS. AND THEN IN PHASE II, IT REQUIRES 70,000 SQUARE FEET OF NONRESIDENTIAL USES TO BE PERMITTED AT THE SAME TIME AS THE MID RISE RESIDENTIAL UNIT. SO AND THAT'S AT TIME OF CERTIFICATE OF OCCUPANCY. ADDITIONALLY, YOU SEE ALL OF THESE OTHER STANDARDS, NOISE, AIR FILTRATION SETBACKS HEIGHT RESTRICTIONS USE RESTRICTIONS, I'D BE GLAD TO ANSWER QUESTIONS REGARDING THESE. THERE IS A GOVERNANCE ASSOCIATION AND DESIGN STANDARDS. WE HAD 3 DIFFERENT LETTERS OF SUPPORT FROM ADJACENT PROPERTY OWNERS TOTALING 12 ACRES AND 49% OF THE GROSS ACREAGE AND THE 200 FEET SURROUNDING. IN ADDITION, WE HAD 12 RESPONSES OF SUPPORT, TWO NEUTRAL AND 35 IN OPPOSITION, FOR 49 TOTAL UNIQUE RESPONSES. WE DID HAVE 11 DUPLICATE RESPONSES AND FIVE OUTSIDE PLANO RECEIVED FOR A TOTAL OF 60 RESPONSES, AND THOSE ARE MAPPED -- THOSE IN PLANO ARE MAPPED ON THE SCREEN. SO THE REQUESTED CHANGES ARE SUMMARIZED HERE FOR YOU, 500 MID RISE UNITS, 33 SINGLE FAMILY RESIDENTS ATTACHED UNITS, MODIFIED DEVELOPMENT STANDARDS, THE PLANNING AND ZONING COMMISSION AGAIN DID RECOMMEND APPROVAL BY A VOTE OF 6-2, AND WERE AVAILABLE FOR QUESTIONS YOU MIGHT HAVE ON THIS CASE. >> Mayor Muns: THANK YOU. ANY QUESTIONS FOR STAFF? THANKS CHRISTINA. I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANYPEAKS? >> City Clerk: WE DO. THE DEVELOPER OR THE APPLICANT HAS A PRESENTATION. >> Mayor Muns: OKAY. >> GOOD EVENING, MAYOR MUNS AND COUNCILMEMBERS, EXCITED TO BE BACK HERE TONIGHT. AGAIN, MY NAME IS BRIAN WOLF, 4403 NORTH CENTRAL EXPRESSWAY, PARTNER AT BAY WEST DEVELOPMENT, EXCITED TO BE BACK HERE WITH P&Z COUNCIL, P&Z APPROVAL THIS TIME. I WAS GOING TO GO THROUGH THE CHANGES THAT WE MADE FROM OUR PREVIOUS APPLICATION, MS. DAY DID A WONDERFUL JOB AT THAT, SO I DON' NEED TO GO THROUGH THAT. I THINK THE ONE I'LL HIGHLIGHT IS A RECOMMENDATION THAT COUNCILMEMBER SMITH MADE I OUR LAST COUNCIL HEARING TO INCREASE OUR AIR FILTRATION, WE INCREASED IT TO THE MERV8 STANDARD, WHICH IS THE SAME STANDARD AS THE JAY PLACE PROJECT WHICH WAS APPROVED NOT FAR FROM OUR PROJECT. I'M HERE TO ANSWER ANY QUESTIONS. THANK YOU FOR YOUR CONSIDERATION. >> Mayor Muns: THANK YOU, ANY QUESTIONS FOR THE APPLICANT? >> Smith : I HAVE ONE, I DO HAVE A CONCERN ABOUT THE MID RISE OFFICE COMPLEX HERE, WE TALKED ABOUT THIS BRIEFLY, BUT -- YOU KNOW, WE'RE SEEING ISSUES NOW WITH OCCUPYING OFFICES, YOU KNOW, RIGHT NOW YOUR FIRST PHASE, YOU'RE GOING TO BE BUILDING THE APARTMENTS AND SINGLE FAMILY RESIDENTS, THEN YOU'RE GOING TO KICK OFF AND START -- GO TO THE SECOND PHASE WHICH WOULD BE THE MID RISE, ADDITIONAL RESIDENTIAL PROPERTY. MY CONCERN IS ABOUT THAT BUILDING IN THAT IT'S IN A PRIME LOCATION THAT WE COULD USE IF YOU COULD DEVELOP AS SUCH A HIGHRISE INSTEAD OF A MID RISE, AND CONVERT THAT A MIXED USE FACILITY WITHIN ITSELF, WE'RE SEEING THAT THROUGHOUT THE DALLAS - FORT WORTH AREA. WHERE THEY'RE TAKING OFFICES ON THE MID -- FIRST LEVEL, SECOND LEVEL WILL BE RETAIL AND/OR AMENITIES, THE NEXT FIVE LEVELS WOULD BE OFFICES, AND THEN ABOVE THAT, WE WOULD HAVE RESIDENTIAL AND/OR THE HOTEL THAT YOU'RE TALKING THERE. DID YOU GUYS CONSIDER THAT WHEN YOU WENT BACK AND AFTER ZONING AND EVERYBODY CAME BACK AND REALLY A SENSE FROM WHAT I GOT FROM THE P&Z MEETINGS WERE THE PLACE WAS TOO VALUABLE JUST TO HAVE A MID RISE, SO DID YOU LOOK TO THAT WITH YOUR GUYS AND SEE IF THAT US WITH A POSSIBILITY DOWN THE LINE? >> YEAH, WE HAVE, UNFORTUNATELY IT'S ECONOMICALLY UNVIABLE TODAY. IT'S THE QUICK ANSWER. AND SO WHAT WE'RE PROPOSING IS SOMETHING THAT WE THINK BEST WORKS TODAY. THAT BEING SAID, THERE'S -- WE HAVE TIME BETWEEN OUR PHASE I AND OUR PHASE II TO MAKE ADJUSTMENTS AS MARKET CONDITIONS CHANGE, AND SO I THINK WE -- WE HEARD THAT LOUD AND CLEAR FROM P&Z, WE'VE HEARD IT FROM COUNCIL, SO WE'LL CONTINUE TO -- LOOK, IT BENEFITS US TO BUILD A HIGHRISE AND MORE DENSITY ON THAT SITE TO THE EXTENT IT'S ECONOMICALLY AVAILABLE, SO WE'LL CERTAINLY CONTINUE TO LOOK AT THAT AS -- AS WE KICK START THIS PROJECT, BUILD A PARK, HAVE A CENTER PIECE LOCATION HERE, AND CONTINUE TO LOOK AT THAT OPTION. >> HORNE: WHAT I'M GETTING AT IS LOOK AT THE HIGHER FLOORS BEING RESIDENTIAL, I'M SEEING THAT ON THE WEST SIDE OF PLANO, THOSE HIGHRISES THERE ARE FULL, YOU GO DOWN THE NORTH DALLAS TOLLWAY CORRIDOR, THOSE HIGHRISES FOR RESIDENTIAL ARE FULL, UP TOWN THEY'RE FULL. THE FACT THAT YOU HAVE A -- IT WILL BE A HIGHER RENT FOR SURE, BECAUSE OF THE COST, IT WILL BE ONE FLOOR THAT, YOU KNOW, SENIOR CITIZENS COULD MOVE INTO WITH NO MAINTENANCE, EASY TO GET AROUND, THAT SORT OF THING. I THINK IT WOULD BE SOMETHING THAT WE NEED TO EXAMINE DOWN THE LINE TO MAKE THIS MORE OF A -- A WELCOMING BEACON TO PLANO, SO I THINK YOU NEED TO CONSIDER THAT. >> WE WILL,HANK YOU. >> COUNCILMEMBER SMITH? >> Smith : I APPRECIATE YOU COMING BACK. I APPRECIATE YA' LISTENING TO SUGGESTIONS WE HAD WHEN YOU GUYS WERE HERE THE LAST TIME, AND EVERYBODY HAS KIND OF HAD A CHANCE TO LOOK AT P&Z, LOOK AT WHAT THEY SAW. ONE THING I GUESS I'D LIKE TO BOUNCE AROUND WITH YOU HERE, YOU -- THE WAY YOU'VE GOT IT PHASED NOW IS YOU WANT TO DO I THINK 260 33 TOWN HOMES, THE FIRSTHE PHASE, THE BERMS, THINGS LIKE THAT, AND THEN ONCE YOU GET THAT DONE, PHASE II NEXT WOULD BE YOU HAVE TO DO THE CO FOR THE 70,000 OF NONRESIDENTIAL BEFORE YOU START ON THE OTHER PART THERE. WHAT ABOUT -- WOULD YOU BE WILLING TO MODIFY THIS TO MOVE THE 70,000 NONRESIDENTIAL AS PART OF PHASE I? AND THE REASON I ASK YOU THAT IS I GUESS, I HEARD SOME OF THE THINGS I WATCHED P&Z, YOUID VERY GOOD, AND I THINK AS COUNCILMEMBER HORNE HAS EXPRESSED, THE -- TE OFFICE, NEW OFFICE MARKET RIGHT NOW, THE OCCUPANCY IS NOT SUPER GOOD. YOU MENTIONED THAT ALSO. AND IT'S VERY EXPENSIVE TO SIT ON THINGS AND NOT HAVE THEM BE PRODUCTIVE. BUT WITH THAT IN MIND, WHAT I DON'T WANT TO SEE HAPPEN IS EVERYBODY HAS GONE TO A LOT OF TROUBLE, YOU GUYS HAVE GONE TO A LOT OF TROUBLE, YOU HAVE GONE AROUND WITH COUNCIL AND P&Z A COUPLE OF TIMES, I DON'T WANT TO SEE US END UP WITH JUST A 260 UNIT MULTI-FAMILY DEVELOPMENT WITH 33 SINGLE-FAMILY ATTACHED HOUSES THAT WOULD PROBABLY END UP BEING RENTED ALSO, IF THAT WERE TO HAPPEN. I'D LIKE TO SEE THIS FULL -- FULL DEVELOPMENT, YOU KNOW, COME TO FRUITION. SO -- AND I THINK THE WAY TO MAKE THAT -- I WOULD FEEL COMFORTABLE MAKING THAT HAPPEN FOR YOU GUYS WOULD BE IF YOU COULD MAKE THAT COMMITMENT THAT THAT WOULD BE PART OF THE PHASE I AND NOT WAIT 'TIL PHASE II. IT COULD BE, YOU KNOW, COULD BE A HYBRID, COULD BE HORNE D MENTIONED OR EVEN FORGET THE OFFICE STUFF, AND YOU GET THE, YOU KNOW, FIRST CLASS HOTEL GOING THERE, BECAUSE THE COMMERCIAL YOU'VE GOT ACROSS THERE WITH CITY LINE AND ALL, AND YOU COULD MOVE THE SETBACK, YOU KNOW, SOME, EVEN GET IT FARTHER AWAY AND HAVE A LITTLE LARGER FOOTPRINT AND GO WITH A HOTEL ROUTE. THAT'S WHAT I WOULD LIKE TO SEE YOU DO TO MAKE THIS THING REALLY COME TO FRUITION THE WAY I THINK YOU HAVE SHOWN US IT WILL, AND ENSURE US IT WILL HAPPEN THAT WAY. >> YEAH, I'D LOVE TO DO THA TOO, UNFORTUNATELY THAT IS JUST NOT THE REALITIES OF THIS SITE AS IT SITS TODAY AND THE SURROUNDING NEIGHBORHOOD, I THINK WHAT WE'VE TRIED TO DEMONSTRATE IN DETAIL OVER OUR NUMEROUS P&Z AND PREVIOUS COUNCIL HEARINGS IS WE NEED TO BE ABLE TO KICK START THIS PROJECT SOMEHOW AND CREATE A NEW VIBE TO THIS AREA TO CREATE THE DEMAND TO BE ABLE TO DO AN OFFICE PROJECT OR A LUXURY HOTEL PROJECT OR WHATEVER ELSE THAT COULD MAKE THIS THE STAPLE THAT COUNCILMEMBER HORNE IS TALKING ABOUT. AND SO WHAT WE'RE ASKING FOR IS ALLOW US TO DO THAT. ALLOW US TO KICK START THAT, BECAUSE UNFTUNATELY JUST AS IT SITS TODAY, AND LOOK, WE'VE HAD IT OUT IN THE MARKET FOR THE THREE PLUS YEARS THAT WE'VE OWNED IT TO BE ABLE TO DO A BUILD-TO-SUIT FOR A CORPORATE USER. THERE'S JUST TOO MANY OPTIONS, THIS UNFORTUNATELY ISN'T THE WEST SIDE OF PLANO FROM A DEMAND PERSPECTIVE. UNFORTUNATELY, IT'S NOT EVEN CITY LINE IN RICHARDSON RIGHT NOW WHICH HAS, AS I'M SURE YOU KNOW, A BUNCH OF UNDEVELOPED OFFICE THAT IS AVAILABLE RIGHT NOW AS WELL, THAT ARE CLOSER TO THOSE AMENITIES AND HAVE SOME UNIQUE CHARACTERISTICS THAT OUR SITE JUST DOESN'T HAVE, AND SO WE'RE JUST UNABLE -- WE'VE TRIED. WE'VE LOOKED AT IT A HUNDRED DIFFER WAYS, WE'RE JUST UNABLE TO DO THAT TODAY, WHICH IS WHY WE'VE PROPOSED THIS TO ALLOW US TO KICK START AND CREATE THAT VIBRANCY IN THIS AREA TO CORRECT THE DEMAND. >> Smith : I APPRECIATE YOUR HONESTY ON THIS, AGAIN, THAT IS MY CONCERN ABOUT THE, YOU KNOW, THE WHOLE PROJECT IS BECAUSE AS DIFFICULT AS YOU'RE INDICATING IT WOULD BE NOW TO DO SOMETHING OTHER THAN THE MULTI-FAMILY, AND I GUESS MY CONCERN IS, I HAVE NO DOUBT THAT YOU DELIVER A GOOD PRODUCT FOR US, BUT I DOT WANT IT TO END UP JUST ANOTHER MULTI-FAMILY COMPLEX, BECAUSE YOU WANT TO BRING A NEW VIBE AND GET THINGS GOING, ADDING ADDITIONAL MULTI-FAMILY WHERE WE HAVE QUITE A BIT OF MULTI-FAMILY ALREADY THERE, AND NEW MULTI-FAMILY WITH THE JAY COMING ONLINE, THAT IS NOT GOING TO CHANGE THE VIBE AT ALL. I'M LOOKING FOR SOME WAY TO HAVE THE ASSURANCE THAT WE, AS THE CITY, WE WILL GET THE TYPE OF PROJECT THAT YOU'RE LOOKING AT AND WE WON'T JUST GET THIS ONE LITTLE PHASE GOING AND THEN, SORRY, IT DIDN'T WORK OUT, BUT WE APPRECIATE GETTING YOU HERE. >> TOTALLY UNDERSTOOD, IT'S NOT JUST THE MULTI-FAMILY. WE CONSIDER THE 1.4-ACRE PLAZA GREEN AS SORT OF A CENTRAL KEY COMPONENT TO THIS PROJECT. THIS AREA HAS NO OPEN GREEN SPACE. THIS LITTLE -- >> Smith : IT'S A CONCRETE JUNGLE OVER THERE. >> AND SO IT MAY LOOK LIKE THEY'RE GOING TO BUILD THE 260 UNITS IN A PHASE I, WE THINK THAT PARK SPACE, NOT ONLY FOR OUR PROJECT AND OUR TENANTS WITHIN OUR BUILDING, BUT THE OFFICE BUILDING ADJACENT TO US, WHICH, YOU KNOW, IN THEIR LETTER THAT THEY WROTE TO US, THINKS THAT THAT CREATES MORE DEMAND FOR THEIR SPACE SO THAT THEIR OFFICE WORKERS HAVE A PLACE TO GO OUTSIDE AND HAVE LUNCH -- >> Smith : THAT YOU'RE TALKING ABOUT, YEAH, THEREFORE AS WELL. >> AS WELL.>> THAT IS OUR GIVE. THAT'S OUR ABILITY TO CREATE SOMETHING ORE THAN WE'RE GOING TO BUILD MULTI-FAMILY UNITS, THAT CREATES MORE OF A VIBE, WE'VE THOUGHT LONG AND HARD ABOUT THIS, PUTTING SOMETHING THERE THAT IS SUBSTANTIAL, 1.4 ACRES ISN'T A SMALL PLAZA GREEN AS WELL, THAT'S WHAT WE CAME UP WITH TO BE ABLE TO DO THAT. HOPEFULLY THAT SATISFIES YOU AS COUNCIL TO BE ABLE TO LOOK AT THIS PROJECT AND BE ABLE TO APPROVE IT AND HELP REALIZE THAT IT WILL KIND OF KICK START THE REVITALIZATION OF THIS WHOLE AREA, WHICH WE THINK REALLY NEEDS IT. >> Smith : OKAY. GREAT, APPRECIATE YOUR HONESTY. >> YEP. >> Mayor Muns: NEXT SPEAKER. > City Clerk: THE NEXT SPEAKER IS JENNIFER GROISMAN. >> JENNIFER GROISMAN, PLANO, THIS PROPERTY IS NOT RIGHT FOR HOUSING. IT IS NEXT TO TWO MAJOR HIGHWAYS, I LIVED NEAR A HIGHWAY ONCE, AND AT NIGHT, MY HUSBAND AND I COULD HEAR THE CARS PASSING OUR BEDROOM WINDOW. IT WAS SO NOISY THAT MY HUSBAND COULD NOT SLEEP. WE DIDN'T LIVE THERE FOR LONG. NOW SOME PEOPLE THINK THAT HAVING THE DART STATION NEARBY WILL MEAN THAT RESIDENTS WILL WALK TO THE STATION TO GO INTO WORK. ACCORDING TO GOOGLE MAPS, THE STATION IS AN ELEVEN TO 12 MINUTE WALK. NO ONE IN THEIR RIGHT MINDS WILL BE WALKING IN 100-PLUS DEGREE HEAT FOR FIVE MINUTES, LET ALONE 11 IN A SUIT AND A TIE. WHEN THE CONCRETE MALL REDEVELOPMENT IS DONE, THERE WILL BE PLENTY OF HOUSING ONLY HALF A MILE AWAY FROM THE PRIZED PROPERTY T AREA WON'T NEED MORE. WHEN I LOOK AT THIS AREA, I NOTICE SOMETHING THAT IS MISSING. A REASONABLY PRICED GROCERY STORE. WHOLE FOODS IS ON THE OTHER SIDE OF THE HIGHWAY; HOWEVER IT IS EXPENSIVE FOR MOST PEOPLE AND IN RICHARDSON, SO THEY GET THE SALES TAXES. THE NEAREST AVERAGE PLANO GROCERY STORE IS A 39 MINUTE WALK AWAY. THE SUPER TARGET IS 32 MINUTE WALK. WAL-MART IS ALSO TOO FAR. IF YOU WANT TO HAVE WALKABLE NEIGHBORHOODS, THEY NEED AVERAGE PRICED GROCERY STORES, SO GROCERY STORE WOULD BE A GOOD FIT FOR THIS PROPERTY. THE FRY'S BUILDING COULD BE CONVERTED TO AN H-E-B. KROGER. OR OTHER LARGE REGULARLY-PRICED GROCERY STORE. AS WE HAVE SEEN FROM THE H-E-B ON SPRING CREEK AND PRESTON, PEOPLE WILL FLOCK TO IT. SO PLEASE VOTE NO ON THIS ZONING CASE. THANK YOU. >> CASSANDRA BULL. >> THANK YOU, AGAIN. ONE MORE MESSAGE HERE. CASSANDRA BULL, 2140 SONORA DRIVE. JUST HEARD SOME NUMBERS HERE, SO 33 OUT OF 260, ABOUT 12% OF A CHANCE FOR HOMEOWNERS, YOUNG HOMEOWNERS AND RETIREES TO BUILD SOME EQUITY. WE HAVE TALKED ABOUT AFFORDABILITY AND I REALIZE THAT THIS IS AN UNUSUAL SPOT. IT IS AN EYE SORE. IT IS A CONCRETE JUNGLE. AND I'M NOT SURE EXACTLY WHAT DRAW THERE IS FOR A HOTEL. WE DON'T HAVE ANYTHING IN PLANO THAT WOULD DRAW FOLKS TO WANT TO STAY IN A LUXURY HOTEL, IT'S GOING TO BE TALL. I'M HOPING THAT OTHER USES COULD BE CONSIDERED, ESPECIALLY BECAUSE WE JUST NEED TO HAVE SOME THINGS LIKE ICE RINKS, THINGS THAT WOULD DRAW VISITORS TO PLANO, HOCKEIS BIG,IG THING RIGHT NOW FOR MANY OF THE STUDENTS, ANOTHER ATHLETIC EVENT, SO IT'S BEEN A LONG TIME. IT'S BEEN SEVERAL -- THROUGH SEVERAL VARIATIONS. I STILL AM IN OPPOSITION TO IT. THANK YOU. >> City Clerk: THE NEXT SPEAKER IS ELLEN LAIR. >> ELLEN LAIR, I LIVE ON TOWN BLUFF. THIS LOCATION THAT WAS PREVIOUSLY FRY'S IS APPROPRIATE FOR ITS CURRENT CORRIDOR COMMERCIAL ZONING. IT IS A CRITICAL LOCATION TO BENEFIT PLANO WITH THIS ZONING CLASSIFICATION. THIS PROPERTY IS A GATEWAY TO PLANO, AND THIS PROPOSED ZONING CHANGE WOULD BE DETRIMENTAL. AS COUNCILMAN HORNE WAS POINTING OUT, IT IS A VERY IMPORTANT LOCATION FOR PLANO. IT HAS A -- IT'S KIND OF KE A WELCOME TO PLANO AREA, AND THE -- THE DELAY OF THE SALE, PARDON ME, IS OF COURSE GREATLY AFFECTED BY THE TWO YEAR COVID RESTRICTIONS. I BELIEVE THAT WE WOULD BE MUCH BETTER SERVED BY GIVING IT A LITTLE MORE TIME AND POSSIBLY GETTING A GOOD CORPORATE COMPANY TO COME IN THERE. THE REQUESTED ZONING CHANGE IS NOT IN KEEPING WITH THE COMPREHENSIVE PLAN. IT REQUIRES VARIANC AND HAS NOT BEEN THROUGH THE REQUIREMENTS TO BE DEEMED AN EXCEPTION. EVEN THOUGH IT HAS BEEN TOUTED AS WALKABLE, IF YOU'VE BEEN IN THAT AREA, YOU PROBABLY WOULD NOT AGREE WITH THAT PARTICULAR DESCRIPTION. JENNIFER GROISMAN MADE SOME POINTS ON IT, SO I WON'T REPEAT THOSE. CITY STAFF AND P&Z DECLINED THIS ZONING CHANGE, AND THOSE FACTORS DO STILL APPLY. APPROVAL OF THE PROPOSED ZONING CHANGE WOULD BE SHORT SIGHTED AND AGAINST THE BEST INTERESTS OF PLANO AND ITS RESIDENTS. THANK YOU. >> City Clerk: THE LAST SPEAKER IS PAT GREER. >> GOOD EVENING, MAYOR AND CITY COUNCIL MAN, I AM PAT GREER. I'VE BEEN IN PLANO FOR 41 OR 42 YEARS, A LONG TIME. SOME OF YOU AREN'T EVEN THAT OLD. I'M ENCOURAGING YOU TONIGHT TO VOTE NO ON THIS PROPOSAL. I WOULD LIKE TO MAINTAIN THE SUBURBAN CHARACTER OF PLANO. AND THE ORGANIZATION THAT I HAVE WORKED WITH HAS BEEN -- HAD THAT EFFORT FOR A NUMBER OF YEARS. AND THIS IS A PERFECT LOCATION, A GATEWAY ENTRY POINT TO PLANO. AND AS SUCH, IF YOU JUST LOOK AT THE LAND WHERE IT'S LOCATED, AND THE VISIBILITY ALONG THOSE HIGHWAYS, CENTRAL EXPRESSWAY, AND PLANO PARKWAY, IT'S A PERFECT PLACE FOR A CORRIDOR COMMERCIAL PROJECT AS IT WAS -- AS IT IS CURRENTLY ZONED. TO REZONE IT AND ADD SOME HOUSING DESTROYS OUR SUBURBAN CHARACTER. WE -- THERE WAS GOOD THOUGHT GIVEN IN THE COMPREHENSIVE PLAN TO A CORRIDOR COMMERCIAL ZONING, AND THIS FITS IT PERFECTLY. AND AS I SAID, I REGARD THIS AS A PREMIER ENTRY POINT TO THE EAST SIDE OF PLANO. I THINK THAT WE NEED TO RECOGNIZEHAT AND MAINTAIN IT. I HEARD COMMENTS PREVIOUS THAT WE ARE TIRED OF SEEING IT SIT THERE RUN DOWN, BUT WE'VE JUST COME THROUGH A COUPLE OF YEARS OF A PANDEMIC. TO EXPECT ANYTHING DIFFERENT IN TERMS OF OFFICE REDEVELOPMENT IS A LITTLE SHORT SIGHTED. I BELIEVE THAT STAFF INITIALLY HAS DONE AOOD JOB OF EVALUATING THIS. THEY TURNED IT BACK. IT'S BEEN AND ON-GOING NEGOTIATION WITH COUNCILMEMBERS, P&Z, TO ME YOU'RE PUSHING REALLY HARD TO MAKE SOMETHING HAPPEN THAT MAYBE IN YOUR HEART KNOWS IT'S NOT QUITE THE RIGHT THING. I ENCOURAGE YOU TO VOTE NO ON THIS, AND GIVE OFFICE TIMEO GET RESTORED IN THE CITY OF PLANO. THANK YOU. >> Mayor Muns: THANK YOU. I'LL CLOSE THE PUBLIC HEARING. CONFINE THE COMMENTS TO THE COUNCIL. >> Williams: THANK YOU. WE'VE SEEN THIS BEFORE US, BEFORE OF COURSE. I DO APPRECIATE THE APPLICANT'S EFFORTS TO MODIFY THE PLANS. SOME OF THE THINGS THAT WERE DISCUSSED IN THE PLANNING AND ZONING MEETING AND COUNCIL BEFORE, I CHARACTERIZE THEM AS FIDDLING AROUND THE EDGES OF THE CONCERNS THAT PEOPLE HAD ABOUT THIS PROPOSED PROJECT. STAFF HIGHLIGHTED A NUMBER OF THOSE CONCERNS, AND I THINK STAFF GOT IT RIGHT. AS I'VE SAID BEFORE, THIS IS A VERY SPECIAL PLACE. WE ONLY HAVE A HANDFUL OF THESE IN OUR CITY. AND I AGREE WHAT'S THERE NOW IS AN EYE SORE. EVERYBODY IS TIRED OF LOOKING AT IT. WE DO NEED TO DO SOMETHING WITH IT, BUT DOING SETHI DOESN'T MEAN DOING ANYTHING. ANY DECISION WE MAKE TO DEVELOP HERE HAS DECADES-LONG IMPLICATIONS. NOW, I UNDERSTAND THAT RIGHT NOW, IN 2023, THIS ISN'T A VIABLE PROSPECT FOR A COMMERCIAL DEVELOPMENT, AS WAS NOTED RIGHT ACROSS GEORGE BUSH, THERE ARE -- THERE'S COMMERCIAL THAT JUST ISN'T BEING FILLED. BUT THE WORLD RIGHT NOW IN 2023 IS VERY DIFFERENT THAN IT WAS TWO YEARS AGO. AND IT'S GOING TO BE DIFFERENT TWO YEARS FROM NOW. BUT WE'RE NOT LOOKING AT A TWO-YEAR LONG DECISION, WE'RE LOOKING AT A DECADES-LONG DECISION, AND INCREASINGLY LATELY, I'M TRYING TO TAKE A VERY LONG-TERM VIEW OF THE DECISIONS THAT WE MAKE ON COUNCIL, LIKE A 50 YEAR VIEW. I'M TRYING TO THINK OF THE PLANO WE LEAVE BEHIND AFTER WE'RE ALL DEAD, AND THIS PROPERTY, THIS INTERSECTION RIGHT HERE HAS THE POTENTIAL ALONG WITH THE COLLIN CREEK REDEVELOPMENT, WITH THE RIGHT PROJECT, TO REALLY LISLEND TOWARD TRANSFORMING THE EAST SIDE IN A MEANINGFUL WAY, WITH A VERY -- AGAIN, SPECIAL PIECE OF PROPERTY FOR WHICH WE ONLY HAVE A HANDFUL, AND THERE ARE INTERSECTIONS LIKE THIS, THE CORNERS OF MAJOR INTERSTATES WHERE LITTLE PLACE DOWN THE ROAD CALLED TEXAS INSTRUMENTS HAS BEEN VERY SUCCESSFUL. IKEA, YOU KNOW, GRANITE PARK HERE IN PLANO. THESE INTERSECTIONS MAY LAY FALLOW FOR AWHILE WAITING FOR THE RIGHT OPPORTUNITY, BUT THE RIGHT OPPORTUNITY CAN REALLY TRANSFORM AN AREA. I APPRECIATE THE PROPERTY IS KIND OF BURNING A HOLE IN THE APPLICANT'S POCKET, WAITING FOR CONDITIONS TO CHANGE. I DO SYMPATHIZE WITH THAT, BUT, AGAIN, DOING SOMETHING DOESN'T MEAN DOING ANYTHING, AND I THINK THERE ARE VERY FEW POTENTIAL PROSPECTS THAT COULD REALLY CAPITALIZE ON THIS INTERSECTION, AND WHAT IT WOULD MEAN FOR THE FUTURE OF PLANO, AND D'T BELIEVE WE'VE SEEN THAT YET. SO I'M -- MY POSITION HAS NOT CHANGED SINCE THE LAST MEETING. I'M STILL NOT IN SUPPOR. I THINK WE SHOULD WAIT UNTIL THE RIGHT CONCEPT COMES ALONG FOR THE TRANSFORMATION OF PLANO. >> Mayor Muns: MAYOR PRO TEM? >> Prince: YEAH, I AGREE THIS IS A SPECIAL PLACE FOR PLANO, WHICH IS WHY I THINK WE SHOULDN'T LET IT SIT THERE AND KEEP DYING, SO I RESPECTFULLY DISAGREE WITH YOU, COUNCILMEMBER WILLIAMS. IHINKHAT WE NEED TO DO SOMETHING TO SPUR THE REDEVELOPMENT OF THAT WHOLE AREA, AND SO I THINK THIS PARK THAT THEY'RE PROPOSING WILL HELP OTHERS AROUND THERE REINVEST IN THEIR PROPERTIES, AND I THINK IT WILL HELP SPUR REDEVELOPMENT THROUGHOUT THE 75 CORRIDOR, WHICH I THINK WE DESPERATELY NEED. SO I'M IN SUPPORT OF THIS. >> Mayor Muns: COUNCILMEMBER HORNE? >> HORNE: YES. PEOPLE BACK HERE JUST COMPLAINING ABOUT THE APARTMENTS THAT ARE BEING PROPOSED THERE, BUT I -- I WOULD DARE FOR YOU TO GO SEE R190, THE APARTMENT COMPLEX NEXT TO THIS PLACE. IT'S -- HAS A GREATER THAN 95% OCCUPANCY, AND THOSE PEOPLE ARE USING THE DART RED LINE AND THEY ARE ALSO WALKING TO DOWNTOWN, TO VISIT THE FILLMORE PUB AND SHOP IN THAT AREA. WHAT YOU ARE SEEING IN THIS AREA IS HOUSING FOR EMPLOYEES THAT BOTH UTILIZE THE DART, BUT ALSO THEY HAVE A STRAIGHT SHOT TO OUR RESEARCH, TECHNOLOGY OVERLAY DISTRICT DUE EAST OF THAT. THE PLANO PARKWAY, AND THEY'RE WORKING OVER IN THAT AREA. AND IT'S A STRAIGHT DRIVE, SO MOST OF THEIR IMPACT -- DRIVING IMPACT DOES NOT PROVIDE CONGESTION TO THE WEST SIDE OF 75. IF YOU LOOK AT THE COMPREHENSIVE PLAN, IT MEETS THE FUTURE LAND USE MAP REQUIREMENTS, COMP PLAN REQUIREMENTS, EXCEPT FOR THE ENRONMENTAL HEALTH, AND O THAT WE HAVE TWO ELEMENTS, WE HAVE THE NOISE AND WE ALSO HAVE THE PARTICULATE, THE DUST. THE APPLICANT IS PROPOSING TO PUT MERV8 FILTER -- FILTRATION SYSTEMS ON THEIR INTAKE UNITS TO MITIGATE THE DUST. YOU WILL ALSO MEET THE STC STANDARDS 45 DECIBELS WITHIN THE INTERIOR OF THE BUILDINGS SO YOU WILL NOT BE HEARING ANY ROAD NOISE. ONCE YOU'RE INSIDE. NOW, PLEASE NOTE WHEN YOU LOOK AT THE DECIBEL READINGS THAT WERE PROVIDED BY MNNR, I THINK I GOT THAT RIGHT, THEY WERE LOOKING AT A NIGHT/DAY TIMELINE THERE. A WEIGHTED AVERAGE THERE. I WOULD PUT -- I WOULD PUT THIS THEORY OUT TO YOU FROM A HEALTH BENCHMARK PERSPECTIVE THAT YOU DON'T SPEND THAT MUCH TIME ON A PATIO. YOU MAY SPEND AT THE MOST AN HOUR DURING THE COURSE OF A GIVEN DAY, SO THE HEALTH IMPACT WOULD NOT BE LIKE AS THOUGH YOU'RE WORKING NEXT TO A JET ENGINE ALL DAY LONG, SO THAT BENCHMARK IS -- THOUGH WE'VE GOT TO BE COGNIZANT OF IT IS MOSTLY USED AS A GUIDELINE AS TO WHAT DESIGNERS HAVE TO MEET OR EXCEED ON THE INTERIOR OF THOSE BUILDINGS. IT MEETS THE COMPREHENSIVE PLAN, FUTURE LAND USE, DESIRABLE CHARACTER DIVIDING ELEMENTS AND IT ALSO MEETS THE THOROUGHFARE PLAN MAP, THE BICYCLE PLAN, AND THE PARK'S MASTER PLAN WITH THE ADDITION OF THE GREEN SPACE THAT THEY'RE CONTRIBUTING THERE. SO YOU HEARD MY POSITION EARLIER, WHAT I'D LIKE TO SEE WITH THE MID RISE OFFICE BUILDING. I'D LIKE TO THINK THAT WITHIN THE TWO YEARS AFTER WE HAVE THESE UNITS CONSTRUCTIONS, THAT THE MARKET CHANGES. WE LOOK AT THE SHEAR ECONOMICS THAT WHAT'S CAN BE BUILT THERE TO HELP US GET THAT HIGHRISE, I'D LIKE TO SEE A REALLY LOOK AT THAT INSTEAD OF ADDING ANOTHER HUNDRED ROOM KEY APARTMENT OR A HOTEL ALONG THAT FRONTAGE ROAD. I'D RATHER SEE IT AS A BEACON FOR ENTRY INTO THE STATE -- OR THE CITY OF PLANO. SO BECAUSE OF THESE ELEMENTS HERE, AND BECAUSE WE HAVE THE HOUSING NEED, AND I REALLY DON'T WANT TO WAIT TWO YEARS FOR THIS BUILDING TO BE VACANT, BECAUSE I'M NOT SEEING A WHOLE LOT OF ACTIVITY OCCURRING RIGHT NOW ON SOME OF OUR OTHER VACANT BUILDINGS, THEY'RE IN MORE DESIRABLE PROPERTY, I'M GOING TO VOTE FOR THIS PASSAGE. >> Ricciardelli: THANK YOU MAYOR. I WILL TAKE A SMART BREVITY APPROACH TO THESE COMMENTS. I APPRECIATE THE APPLICANT'S ATTEMPTS TO WORK WITH THE CITY, AND I APPRECIATE THE GREAT MEETING I HAD WITH THE APPLICANT, NONETHELESS THE REASONS THAT I STATED FOR VOTING AGAINST THIS LAST TIME HAVEN'T BEEN CHANGED BY THE CHANGES THAT HAVE BEEN MADE SUBSEQUENTLY, SO I'LL BE COMPELLED TO VOTE NO AGAIN. >> Mayor Muns: THANK YOU. DEPUTY MAYOR. >> Tu: WELL, I GUESS I BETTER MAKE SOME COMMENTS, RIGHT? SO BRIAN, I COMMEND YOU, YOU WORKED THIS PROJECT TO DEATH. WE'VE BEEN TALKING -- I THINK YOU'VE BEEN APPROACHING COUNCILMEMBERS FOR THE PT WHAT, TWO YEARS, TWO OR THREE YEAR, AND THE FIRST TIME YOU ACTUALLY PULLED IT OFF, THE PROPOSAL, BECAUSE YOU WANTED TO MAKE SOME REVISIONS. YOU WENT BACK TO PLANNING AND ZONING, AND YOU GOT DENIED. AND APPEALED UP TO HERE, AND YOU WENT BACK TO P&Z, AND THIS TIME YOU GOT 6-2 APPROVAL, I WANT TO COMMEND YOU FOR THAT, AND I ALWAYS SUPPORT MY PLANNING AND ZONING BOARD. IF THEY ARE RECOMNDING THAT THIS IS A GOOD PROJECT TO GO FORWARD, THEN I AM GOING TO -- UNLESS I HAVE A REAL SEVERE, BIG REASON WHY I SHOULD NOT FOLLOW MY BOARD AND COMMISSION'S RECOMMENDATION, AND I DON'T SEE ONE. BUT LIKE I SAID, I COMMEND YOU FOR YOUR PERSISTENCE AND PERSEVERANCE. AND I HOPE THAT YOU WILL MAKE THIS INTO SOMETHING THAT WE ARE PROUD OF. IT IS A GATEWAY TO PLANO. AND WE WANT SOMETHING THAT, YOU KNOW, THAT IS NOT, YOU KNOW, ALL CONCRETE ATONE WALLS. WE WANT SOMETHING THAT WILL, YYOU KNOW, EXPRESS PLANO THE WAY THAT WE'VE SEEN PLANO. SO ANYWAY, GOOD LUCK AND I HOPE THAT YOU WILL MAKE IT SOMETHING WE ARE PROUD OF. >> Mayor Muns: COUNCILMEMBER HOLMER? >> Holmer: IN THE INTEREST OF SMART BREVITY, I WOULD LIKE TO AGREE WITH DEPUTY MAYOR PRO TEM, AND COUNCILMEMBER HORNE, AND I STILL FEEL THE SAME WAY WITH THE COMMENTS THAT I MADE THE LAST TIME THIS CAME BEFORE COUNCIL, SO I'M GOING TO SPEAKNNY NEW THINGS THAT HAVE COME UP. I'VE HAD A FEW PEOPLE E-MAIL ABOUT WANTING A GROCERY STORE THERE, AND THERE'S A LOT OF PROPERTY THERE, THAT'S AROUND THE FRY'S FACILITY, BEEN SITTING EMPTY THAT COULD HAVE HOUSE ADD GROCERY STORE FOR MANY, MANY YEARS, SO I DON'T THINK -- WITHOUT HAVING THE FOOT TRAFFIC THERE, THAT RETAIL AND GROCERY IS JUST NOT GOING TO BE VIABLE, AND I THINK THAT'S A GREAT LOCATION FOR A GROCERY STORE, BUT IT'S NOT GOING TO BE SUCCESSFUL IF WE DON'T HAVE THE FOOT TRAFFIC THERE. SO SAME WITH -- I LOVE THE IDEA OF THE SKATING RINK OR THE -- WELL, ACTUALLY THAT WAS ONE IDEA THAT I DID DISCUSS WITH SOMEONE THAT COUNCILMEMBER WILLIAMS BROUGHT UP THE DECADES LONG IMPLICATIONS. PICKLE BALL COURTS, PUTTING A DESTINATION PICKLE BALL RESORT HOTEL QUITE HONESTLY WOULD I THINK DO VERY WELL THERE. I DO THINK THERE'S A NEED FOR A HOTEL THERE. I ALMOST DIDN'T BRING IT UP, BECAUSE I KNEW I WOULD BE GETTING GRIEF OVER IT. >> Mayor Ms: I GLA YOU BROUGHT IT UP. >> Holmer: BUT THERE IS A NEED FOR -- MY STEP DAUGHTER GOT MARRIED IN DOWNTOWN PLANO LAST YEAR, THERE WAS NOT A NICE HOTEL TO DIRECT ANYONE TO RIGHT AROUND THERE, BUT IF YOU ARE FOLLOWING PICKLE BALL, THE LARGEST -- THE PICKLE BALL TOURNAMENT IS COMING TO NORTH TEXAS, AND THIS NOVEMBER, AND NOW TEXAS IS HOME TO MORE PICKLE BALL PROFESSIONALS THAN ANY OTHER STATE, SO THERE'S DEFINITELY A DRAW FOR THAT. BUT THAT WOULD ALLOW YOU TO DEVELOP THE LAND, BRIAN, PICKLE BALL PORT, THAT DOESN'T WORK, THOSE ARE A LOT CHEAPER TO TEAR OUT AND PUT THE COMMERCIAL SPACE THERE WHEN THE DEMAND RETURNS, SO I THINK THAT COULD BE A WIN-WIN ALTHOUGH I DON'T THINK YOU'LL HAVE TO TEAR THEM OUT, I THINK YOU WILL HAVE TO BUILD MORE OF THEM TO BE HONEST WITH YOU. BUT, YEAH, I REALLY THINK THAT THE FOOT TRAFFIC NEEDS TO BE THERE FOR THE RETAIL TO BE DEVELOPED. CONTINUE TO SEE THE SUPPORT FROM THE NEIGHBORS. I MEAN, CONGRESSMAN HIMSELF WAS HERE TONIGHT TALKING ABOUT THE RAIL DOWN THERE IN 1873, THAT'S WHAT STARTED PLANO. THAT -- AND NOW WE HAVE THE SILVER LINE THAT WILL BE COMING THROUGH, AND JUST ADDING TO THE TRAFFIC THERE. SO I THINK THERE'S DEFINITELY -- I THINK IT'S A GOOD LOCATION. WE'VE GOT A SHORTAGE OF HOUSING. I -- I THINK THAT -- I'M SORRY, I'M TRYING TO READ MY NOTES. SHORT, PICKLE BALL, PICKLE BALL. SHORT SIGHTED, I'M MORE CONCERNED ABOUT NOT DOING ANYTHING AND T PROPERTY OWNERS HAVE BEEN SITTING ON IT FOR THREE YEARS NOW, I'M CONCERNED WHAT THEY MAY DO WITH IT IF THEY CAN'T BE PUT TO USE, THEY'VE BEEN VERY PERSISTENT, THEY'VE BEEN VERY PATIENT, THEY'VE WORKED HARD TO REVISE AND COME BACK WITH THINGS THAT WILL MEET THE CONCERNS THAT WE HAVE. I'M IN SUPPORT OF THIS. >> Mayor Muns: COUNCILMEMBER SMITH. >> Smith : THANK YOU, MAYOR. WELL, FIRST OF ALL, I AM A YEAR OLDER TODAY, BUT I CAN STILL DO MATH, AND I THINK IT'S GOING TO BE PRETTY CLEAR THAT THE PROJECT IS GOING TO GET APPROVED. I WOULD LIKE TO BE ONE OF THOSE VOTES FOR THAT, BUT UNFORTUNATELY, YOU KNOW, WE'RE TALKING A LOT OF TALK ABOUT THE GATEWAY TO PLANO, AND THIS BEING A REAL SPOT, IT WILL BE STANDOUT, BUT IF IT JUST ENDS UP BEING MORE MULTI-FAMILY, I'M SURE THEY'RE GOING TO BE VERY NICE, IT'S REALLY NO DIFFERENT THAN WHAT YOU ALREADY SEE WHEN YOU'RE COMING, I DRIVE THAT ROAD A LOT, BELIEVE ME, BACK AND FORTH, IF I JUST FELT THERE WAS THE GUARANTEE THAT WE WOULD GET, YOU KNOW, WE'RE BEING ASKED TO CHANGE THE ZONING FROM OUR COMPREHENSIVE PLAN, IF WE WERE CERTAIN THAT WE WOULD BE GETTING SOMETHING OTHER THAN JUST THE MULTI-FAMILY, I WOULD STILL BE SUPPORTIVE OF THAT. CAN'T WE AS COUNCIL TRY TO GIVE EVERY -- AS I SAY, I THINK DOING THE MATH, IT'S GOING TO BE FINE, BUT I WANTED TO EXPLAIN WHY THEY HAVE THE PROCESS, BECAUSE WE ARE VERY CONCERNED ABOUT A COUNCIL ABOUT THE CITY, AND THE DEVELOPMENT, DON'T HAVE A LOT OF LAND LEFT, LET'S FACE IT, THERE'S NOT A LOT OF LAND LEFT, AND WE WANT TO BE CERTAIN THAT THE LAND THAT WE DO HAVE, THAT PEOPLE DO BRING PROJECTS, THEY DO GET BUILT THE WAY THEY'RE PROPOSED. NOTHING AGAINST YOU, MARKETS AND ECONOMIES CHANGE, RIGHT NOW IT IS PROBABLY PRETTY IFFY THAT OFFICE PROJECT IS GOING TO WORK THERE, THE HOTEL OR SOME KIND OF HYBRID LIKE COUNCILMAN HORNE HAD TALKED ABOUT I THINK MIGHT BE FEASIBLE, BUT WE HAVE TO GET PAST -- ANYWAY, I THINK IT'S GOING TO PASS, BUT I CAN'T SUPPORT THE WAY IT IS, SORRY. >> Mayor Muns: WELL, I -- I APPRECIATE ALL THE WORK YOU'VE DONE ON THIS PROJECT. THE 1.4-ACRE AREA IS -- JUST THAT ALONE TO REPLACE WHAT'S THERE RIGHT NOW WOULD BE TERRIFIC. WE WORK EVERY DAY TO MAKE SURE THAT WE HAVE A WORKFORCE THAT IS AVAILABLE THROUGHOUT ALL OF PLANO, AND ONE OF THE BIGGEST THINGS THAT WE HAVE IS A SHORTAGE OF HOUSING FOR THAT WORKFORCE, AND SO IT'S -- IT'S REAY IMPORTANT FOR US TO BE ABLE TO CONTINUE TO PROVIDE THAT, TO KEEP THAT VIABILITY GOING. I'S ALSO ONCE YOU START PUTTING IT IN THE GROUND AND WE START HAVING TENANTS, THEN THAT ALSO CREATES REVENUE FOR THE CITY, WHICH WE DEFINITELY NEED. WE -- WE'RE DOING QUITE WELL IN REGARD TO VACANCY, AND ALL OF OUR OFFICE SPACE, BUT IT'S STILL SIGNIFICANT COMPARED TO WHAT IT WAS A FEW YEARS AGO. AND WE'RE LEARNING THE HYBRID OFFICE IS ALWAYS GOING TO BE THE WAY IT IS TODAY. I MEAN, THERE ARE A LOT OF COMPANIES THAT WILL NEVER MAKE THEIR PEOPLE COME BACK FIVE DAYS A WEEK. SO WE -- THAT'S ALWAYS GOING TO HAVE A BIG QUESTION MARK. THE BEAUTY THAT YOU'VE GOT HERE, THE WALKABILITY TO THE DART STATION, I WALKED IT, AND IT IS NOT FAR AT ALL. AND THERE WILL BE PEOPLE USING THAT CONSISTENTLY, SO WITH THAT BEING SAID, I'M ALSO IN FAVOR OF THIS, AND LOOKING FOR A -- >> I'LL MAKE A MOTION TO APPROVE. >> SECOND. >> Mayor Muns: THANK YOU. I HAVE A MOTION AND A SECOND TO APPROVE ITEM NUMBER 3. PLEASE VOTE. MOMOTION PASSIONS 5-3. WE NEED FINDING FORMS. WE'LL TAKE A FIVE-MINUTE BREAK. >> Mayor Muns: CALL THE MEETING BACK TO ORDER. SORRY LISA. YEAH. MOVING ON TO ITEM 4. >> Cy Clerk: ITEM NUMBER 4. PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2021-2023-009, TO REDUCE THE 1,000 FOOT SEPARATION DISTANCE SEPARATION FROM TATTOOING AND PERMANENT COS MET TIG TICKS USE TO THE RESIDENTIAL DISTRICT TO THE WEST, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 2015-5-2, AS HERETOFORE AMENDED GRANTING SPECIFIC USE PERMIT NUMBER 42 FOR TATTOOING AND PERMANENT COSMICS TO THE SECOND STORY SUITE SITUATED ON .1-ACRE OF LAND, LOCATED ON THE EAST SIDE OF PARKER ROAD, 195 FEET SOUTH OF PREMIER DRIVE, IN THE CITY OF PLANO, COLLIN COUNTY, TEXAS. PRESENTLY ZONED CORRIDOR COMMERCIAL, DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY, PROVIDING A PENALTY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PUBLICATION CLAUSE AND EFFECTIVE DATE. >> ALL RIGHT, THIS ZONING CASE IS IN THE US 75 CORRIDOR, NEAR PARKER ROAD. IT IS A REQUEST FOR SPECIFIC USE PERMIT FOR TATTOOING AND PERMANENT COSMETICS IN A LEASE SPACE, IN A RETAIL SHOPPING CENTER. IT IS UNIQUELY ON THE SECOND FLOOR OF A TWO STORY BUILDING. SO THAT IS AN ELEMENT WITHIN THE ORDINANCE BEFORE YOU. THE GRAPHIC IN FRONT OF YOU SHOWS REPRESENTS THE LEASE SPACE AND THE 200-FOOT AND 500-FOOT NOTICE BUFFERS THAT THE CITY WAS IN NOTICING THE ZONING CASE. THIS GRAPHIC REPRESENTS THE YELLOW AREA IS THE AREA OF THE LEASE SPACE, AND THE BUILDING IN WHICH THE LEASE SPACE EXISTS. ALONG PARKER ROAD. ONE IMPORTANT ELEMENT OF THIS CASE IS THAT THIS LAND USE DOES REQUIRE A SETBACK FROM RESIDENTIAL ZONG, AND THERE ARE TWO RESIDENTIAL AREAING, YOU SEE ROSSEAU PLACE TO THE NORTH, THUNDERBIRD ESTATES TO THE WEST, AND THOSE DISTANCES, THE CLOSEST BEING 617 FEET TO ROSSEAU PLACE, SO THE DISTANCE REQUIREMENT IN THE ZONING ORDINANCE IS 1,000 FEET, BUT COUNCIL CAN WAIVE THAT REQUIREMENT IF IT FINDS THAT IT WILL NOT BE HARMFUL SITUATION. SO THAT IS A FINDING THAT WE'LL BE LOOKING FOR FROM THE COUNCIL TONIGHT. SO THE COMPREHENSIVE PLAN SHOWS THIS AS THE EXPRESSWAY CORRIDOR'S CATEGORY ON THE FUTURE LAND USE MAP. THERE ARE NO CHANGES RECOMMENDED TO THE MIX OF USES BASED ON THIS REQUEST. SO THAT MAKES THE POLICY ANALYSIS PRETTY STRAIGHTFORWARD. IT MEETS THE LAND USE POLICIES AND IS NEUTRAL TO OTHER POLICIES OR THEY'RE NOT APPLICABLE. WE DID NOT GET A RESPONSE FROM PROPERTY OWNERS IN THE IMMEDIATE VICINITY. BUT ACROSS THE CITY, WE DID GET A NUMBER OF RESPONSES, THIS ANALYSIS WAS SOMEWHAT COMPLEX. WE HAD 46 IN SUPPORT. ONE NEUTRAL, AND FIVE IN OPPOSITION. HOWEVER, THERE WERE FOURTEEN DUPLICATE RESPONSES. THERE ARE ACTUALLY 66 TOTAL, BUT FOURTEEN WERE DUPLICATE; HOWEVER, I WANT TO NOTE THAT THERE WE OY NINE UNDUPLICATED RESPONSES WITHIN THE CITY OF PLANO, THAT'S WHY THE MAP SHOWS SO FEW LOCATIONS. THERE WERE TWO UNVERIFIED ADDRESSES WITHIN PLANO, JUST THOSE WTHERE ADDRESSES WHEN WE TRIED TO RUN THEM THROUGH GIS, THEY'RE NOT LEGITIMATE ADDRESSES WITHIN THE CITY, SO WE TOOK THOSE OUT, WE ENDED UP WITH FOUR IN SUPPORT AND FIVE IN OPPOSITION WITHIN PLANO. WE HAD A NUMBER PROBABLY NOTICED IN YOUR PACKET THAT WERE OUTSIDE THE STATE OF TEXAS, SO JUST PEOPLE IN SUPPORT GENERALLY. OF THE BUSINESS. SO WITH THAT, WE'RE LOOKING -- THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL OF THIS SPECIFIC USE PERMIT BY A VOTE OF 8-0, IN ORDER TO ISSUE THE PERMIT, THE COUNCIL MUST AGAIN REDUCE THE 1,000 FOOT DISTANCE REQUIREMENT AS SHOWN, AND FIND IT'S NOT DETRIMENTAL OR INJURIOUS TO THE PUBLIC HEALTH, SAFETY 0 OR WELFARE OR OTHERWISE OFFENSIVE TO THE NEIGHBORHOOD. WITH THAT, I'M AVAILABLE FOR QUESTIONS. >> Mayor Muns: ANY QUESTIONS FOR STAFF? THANKS CHRISTINA. I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? CL>> City Clerk: I DO. WE HAVE THE APPLICANT RANDI AND ROY DAWSON. >> GOOD EVENING, COMMISSIONERS, MY NAME IS ROY DAWSON, I LIVE IN LANCASTER TEXAS HOWEVER I'M A LONG-TERM MEMBER OF THE BAPTIST CHURCH, THANK YOU, PASTOR JACK, GOD BLESS YOU, WE'RE HERE FO YOU VOTE FOR APPROVAL FOR SPECIFIC USE PERMIT TO OPEN A TATTOO STUDIO IN PLANO, IT IS LOCATED NEAR HIGHWAY 75 AND PARKER. THE NAME OF THE BUSINESS WILL BE CALLED (INDISCERNIBLE) STUDIOS, I'M A REAL ESTATE BROKER, I'VE BEEN PRACTICING FOR OVER FOUR DECADES. I DO COMMERCIAL REAL ESTATE, RETAIL, AND ALSO DO PROPERTY MANAGEMENT, I REPRESENT MY BROTHER ROY DAWSON WHO IS ALSO A CORPORATE REAL ESTATE BROKER AND HIS SON, RYAN DAWSON WHO IS THE GIFTED AND TALENTED AIST IN THE FAMILY. TONIGHT, ROY AND RYAN WILL PRESENT WITH KATHY, RYAN'S MOTHER WILL ALSO COME UP TO SPEAK AS WELL, STEVE SOLTICE, PROFESSOR AT THE UNIVERSITY OF VIRGINIA, MAY SPEAK DEPENDING IF HIS PLANE HAS LANDED OR NOT. WE HAVE A SHORT POWERPOINT PRESENTATION USING A DRONE. THE AERIAL PHOTOS WILL PROVIDE YOU WITH AN ACCURATE VIEW SHOWING HOW SCHEDULED, SESECLUDED WE HAVE FROM THE RESIDENTIAL PROJECTS THE ROSSEAU VILLAGE SHOPPING CENTER, IT IS A SECLUDED LOCATION, MEANING THE PROPERTY DOES NOT HAVE ANY FRONTAGE ON PARKER AND HIGHWAY 75, AND IT'S LOCATED ON THE SECOND FLOOR, THE SPACE IS ABOUT 1024 SQUARE FEET. WE HAVE TWO RESIDENTIAL DISTRICTS. ONE IS DUE WEST, THE SUBDIVISION NEIGHBORED THE THUNDERBIRD ESTATES, THE OTHER RESIDENTIAL DISTRICT IS CALLED ROSSEAU PLACE ONE WHICH IS NORTHWEST A DISTANCE OF 617 FEET FROM THE STUDIO. BOTH SUBDIVISIONS FROM THE STUDIO ARE EVEN FARTHER ISOLATED BECAUSE YOU MUST CONTRACT OVER PREMIER DRIVE, IF WE CAN, WE CAN JUST TAKE A LOOK AT MY POWERPOINT PRESENTATION, AND I THINK SLIDE FORWARD. SO THESE ARE PEOPLE THAT WILL PRESENT ROY DAWSON, KATHY SOLTICE. THE CITY OF PLANO REQUESTS FOR SCIFIC USE PERMIT F THE FAMILY TATTOO STUDIO. PROPOSED LOCATION, 301 WEST PARKER, SUITE 213, PLANO, TEXAS. AGAIN, MY NAME IS RANDI DAWSON, AND THE STUDIO IS 2 GROOVY STUDIOS. THIS IS THE SHOPPING CENTER WHICH THE BUSINESS WILL RESIDE, 301 WEST PARKER, SUITE 13. ON THIS PHOTOGRAPH YOU WILL SEE STUDIO, JUST ABOVE WHERE IT SAYS MARINES, THAT IS BEHIND AN ELEVAR SHAFT, SO WE'RE NOT REAL VISIBLE. IT'S NOT A VERY LEASABLE SPACE. WE PICKED THIS SPACE FOR A SPECIFIC REASON, BECAUSE MY NEPHEW, RYAN DAWSON, HE PRIMARILY WORKS OFF OF APPOINTMENT ONLY, SO DIRECT EXPOSURE TO THE STREET IS NOT NECESSARY. THE SPACE MARINES, ARMY, NAVY, AIR FORCE, ALL THAT IS CURRENTLY VACANT AT THIS TIME. JUST ANOTHER VISUAL OF THE VACANCY UP THERE. AND AGAIN WE WILL BE RIGHT THERE WHERE IT SAYSARIN. THIS VIEW HERE IS SHOWING WHERE PARKER ROAD IS. I WANT TO GET TO A INTERVIEW HERE. I WANT TO GET MY AERIAL PHOTOGRAPHS, SO I'M GOING TO SKIP THROUGH THIS, THIS IS MORE OF THE SHOPPING CENTER ITSELF. THERE'S A STUDIO. AND AGAIN, THERE'S A LOT OF COMMERCIAL AROUND THIS PROPERTY. OKAY, HERE IS WHAT I REALLY WANT Y'ALL TO TAKE A LOOK AT. I DO LIQUOR STORES AND REPRESENT LIQUOR STORES AND I HAVE 26 UNDER MY MANAGEMENT RIGHT NOW,O I DEAL WITH THIS ISSUE OFTEN ENOUGH. AND THIS ONE, THE RULE IS AS THE CROW FLIES, SO IT'S NOT AS YOU DRIVE AROUND TO GET TO RESIDENTIAL DISTRICT, IT'S FROM DOOR -- FROM THE FRONT DOOR OF THE STUDIO TO THE NEAREST PROPERTY LINE, SO YOU CAN SEE THE -- ON THE FAR LEFT HAND SIDE, YOU SEE THE SHOPPING CENTER, IT SAYS 617 FEET TO THE NEAREST CORNER OF THAT SUBDIVISION, BUT YOU CAN SEE SUBSTANTIAL AMOUNT OF REAL ESTATE, MAJOR THOROUGHFARES YOU HAVE TO CROSS TO GET THERE. SAME THING ON THE OTHER SIDE, WHERE WE'RE 936 FEET, AGAIN, A LOT OF COMMERCIAL PROPERTY YOU HAVE TO GO TO -- -- AS THE CROW FLIES, ONLY GIVES US 936 FEET. AGAIN, THIS AREA HERE WAS TAKEN FROM ABOUT 2 200 FEET, I WANT YOU TO TAKE A LOOK AT IT. WHERE WE ARE LOCATED, THE FRONT OF OUR BUSINESS WILL FACE OUT INTO A BIG PARKING LO AND THISS NOT REALLY A BIG EXPOSURE TO THE GENERAL PUBLIC. AGAIN, HE WORKS PRIMARILY OFF OF APPOINTMENTS. SO AGAIN, JUST SOME MORE AERIAL PHOTOGRAPHS SHOWING THE RESIDENCE, THIS ONE IS JUST FROM THE NEIGHBORHOOD TO WHERE THE SHOPPING CENTER IS, AS YOU SEE, YOU HAVE TO GO ACROSS A MAJOR THOROUGHFARE, OVER A TOP OF A BANK AND THEN BEFORE YOU GET TO THE BACK OF A SHOPPING CENTER. THEN JUST ANOTHER AERIAL PHOTOGRAPH, SO YOU GET A INTEIEW,HEHORTER OF THE TWO DISTANCE, 617 FEET. SO AGAIN, WE TOOK THIS LOCATION, IT WAS STRATEGICALLY PLACED. WE'VE WORKED ON IT FOR FOUR MONTHS, AND I WOULD LIKE TO SAY ONE THING ABOUT PARKER McDOWEL, I HAVE DONE MANY, MANY PROJECTS OVER THE MANY DECADES, AND THE PROJECTS RUN VERY SMOOTH, AND I HAVE TO TELL YOU THAT WITH THIS PARKER'S HELP, GETTING THIS PROCESS THROUGH, GETTING IT DONE, GETTING ALL THE INFORMATION, GETTING IT IN DER, HE RESPONDED WITHIN MINUTES, HOURS, AND TO OUR RESPONSES AND QUESTIONS THAT WERE CRITICAL TO BE ABLE TO MEET ALL THE DEADLINES THAT WE HAD TO MAKE TO IMMEDIATE THE PLANNING AND ZONING COMMISSION HEARING ORIGINALLY, SO PARKER McDOWEL, THANK YOU VERY MUCH FOR ALL YOUR EFFORT, VERY GOOD JOB. BECAUSE I DO HAVE HORROR STORIES. (CHUCKLES). SO WITH WITH THIS WILL CONCLUDE MY PART OF THE PRESENTATION, ROY T DAWSON, A REAL ESTATE BROKER, WOULD LIKE TO COME UP AND SAY A FEW WORDS. THIS IS A FAMILY BUSINESS. MY NEPHEW, RYAN, IS INCREDIBLY TALENTED ARTIST, AND HE WILL SHOW YOU SOME OF HIS WORK HE DOES, NOT JUST TATTOOS, BUT THE INCREDIBLE ART WORK HE DOES AS WELL. BUT HIS WIFE IS HERE, HIS COUSINS ARE HERE, HIS MOM IS HERE, HIS OTHER COUSIN IS HERE, HIS DAD, AND FAMILY, FRIENDS AND RELATIVES ARE ALL HERE TO SUPPORT HIM IN THIS VENTURE, AND WE'RE JUST HOPING TO G YOUR APPROVAL TONIGHT. I'LL TURN IT OVER TO ROY. GOOD EVENING, CITY COUNCILMEMBERS. MY NAME IS ROY DAWSON, AND I WANT TO EXPRESS MY DEEP APPRECIATION FOR A VIBRANT CITY AND THRIVING ECONOMY. WITH OVER 40 HAD YEARS OF EXPERIENCE IN THE REAL ESTATE EXPERIENCE AND ACTIVE REAL ESTATE BROKER LICENSED IN THE S PRIVILEGE IN WITNESSING PLANO'S GROWTH FIRSTHAND. AS I APPROACH THE NEXT PHASE OF MY LIFE, I HAVE SET MY SIGHTS ON RETIRING FROM THE REAL ESTATE INDUSTRY AND FOCUSING ON MY FAMILY'S TATTOO BUSINESS WITH MY SON RYAN DAWSON. I LOST MY PLACE. I FIRMLY BELIEVE THAT THERE'S ROOM FOR ANOTHER TATTOO STUDIO IN PLANO, CONSIDERING THERE'S ONLY THREE ACTIVE STUDIOS AT THIS TIME. AS RESPONSIBLE BUSINESSOWNERS, WE VALUE OUR PARTNERSHIP WITH THE CITY OF PLANO AND ARE COMMITTED TO BEING GOOD NEIGHBORS. TWO GROOVY STUDIOS WILL WORK WITH THE CITY OF PLANO AND GO BY GUIDELINES. WE BELIEVE WE'LL BRING A VALUABLE SERVICE TO THE CITY OF PLANO AND ARE EAGERLY ANTICIPATING THE OPPORTUNITY TO SERVE THE COMMUNITY FOR MANY YEARS. AT THIS TIME WE HAVE SIGNED A LEASE WITH HAGGARD PROPERTY GROUP, SJECT TO APPROVAL OF THE SUP. AT THE END OF THE DAY I'M ASKING THE CITY COUNCILMEMBERS TO APPROVE THE SUP, NOT FOR JUST ME BUT FOR OUR ENTIRE FAMILY. RYAN, TO ME, REPRESENTS OUR YOUTH AND THE FUTURE OF PLANO ENTREPRENEURS. THANK YOU. >> Mayor Muns: THANK YOU. >> OH, I'VE GOT SOMETHING ELSE TO SAY. [ LAUGHTER ] MEET THE FAMILY. RANDY KIND OF ALREADY DID THAT. BUT HERE'S THE FAMILY AGAIN. WE WERE AT THE BLOOM FESTIVAL NOT TOO LONG AGO. I HAVE TWO GRANDCHILDREN, NOAH AND LUCA. WE HAVE A MOTHER, GRANDMOTHER, AND GREAT GRANDMOTHER, DeANNA, THAT HELPS WITH THE KIDS. NEXT PRESENTER IS MY SON, RYAN DAWSON, WHO I LOVE VERY MUCH. >> GOOD EVENING, COUNCIL. YOU'LL HAVE TO BEAR WITH ME. I'M ABOUT AS GOOD AT THIS AS MY DAD IS. MY NAME IS RYAN DAWSON. I LIVE IN DALLAS, TEXAS, AND I'M THE ARTIST IN THE FAMILY, AS YOU CAN PROBABLY TELL. I'VE BEEN CREATING ART MY ENTIRE LIFE AND GOING ON NINE YEARS TATTOOING. I SPECIALIZE IN BLACK AND GRAY REALISM AND PORTRAIT-STYLE TATTOOING. MY GOAL IS TO BRING A SAFE, PROFESSIONAL, FUN SPACE TO AN EVER-GROWING INDUSTRY. I WANT TO GO OVER HOW WE OPERATE WITHIN THE INDUSTRY TO KIND OF FAMILIARIZE YOU GUYS WITH HOW THE PROCESS WORKS. MOST IMPORTANTLY, THE PROCESS AND THE ABILITY TO PROTECT THE YOUNG ONES UNDER 18 FROM GETTING TATTOOS. WE FOLLOW ALL STATE LAW AND DSHS REGULATIONS REGARDING THIS MATTER. WE HAVE A TEMPLATE FOR THE PAPERWORK FROM THE STATE HEALTH DEPARTMENT THAT IS FILLED OUT PRIOR TO ANY TATTOOING WITH AGE, NAME, ADDRESS, ET CETERA. WE THEN CHECK THEIR ID AND PAPERWORK AND CORRESPOND THE INFORMATION PROVIDED WITH THEIR ID.pIN TODAY'S WORLD, WE KNOW IN BE -- SOME THINGS CAN BE MANIPULATED. SO WE DO USE OUR JUDGMENT AS LL ITH PROCE. COPIES OF THE PAPERWORK AND I.D. ARE THEN KEPT ON HAND FOR A PERIOD OF TWO YEARS PER STATE HEALTH DEPARTMENT REGULATIONS. UNDER NO CIRCUMSTANCES WILL ANYBODY UNDER THE AGE OF 18 BE ALLOWED A TATTOO. THE STUDIO WILL BE SUBJECT TO AN ANNUAL INSPECTION THROUGH THE STATE HEALTH DEPARTMENT. ALL ARTISTS IN THE STUDIO WILL BE REQUIRED TO HAVE A BLOOD BORNE PATHOGEN CERTIFICATE, WHICH IS RENEWED YEARLY AND WITH FULL UNDERSTANDING AND GOOD PRACTICE IN CROSS-CONTAMINATION. NEEDLES ARE SINGLE USE AND DISPOSABLE, THEN PLACED IN SHARP CONTAINERS, SIMILAR TO WHAT YOU'D SEE IN A DOCTOR'S OFFICE. A COMPANY SPECIALIZING IN BIOHAZARDS AND SHARPS AND PICKS UP THE MATERIAL WHEN NEEDED. EQUIPMENT NEEDED FOR REUSE, SUCH AS TRAYS, MACHINES, ET CETERA, ARE WRAPPED WITH A BARRIER FILM TO HELP PROTECT AGAINST CROSS-CONTAMINATION FROM ONE CLIENT TO THE NEXT. AND WE ALSO USE A MEDICAL-GRADE DISINFECTANT WHICH HAS A SIX-MINUTE CONTACT TIME THAT WE USE TO CLEAN IN BETWEEN CLIENTS AS WELL. LAST THING I WANTED TO ADD IS ONE OF MY FAVORITE QUOTES MY DAD HAPPENED TO SAY TO ME. CIRCA 2013 MY DAD ASKED ME WHAT I WANTED TO DO IN LIFE. I TOLD HIM I THINK I'M GOING TO TATTOO DAD. MY DAD TOLD ME, DON'T YOU THINK IT'S MORE OF A HOBBY? HERE WE ARE TONIGHT, COUNCIL. HOPEFULLY TURNING THIS HOBBY INTO A FATHER/SON VENTURE. THANK YOU, GUYS. OH, I DO HAVE A SLIDE TOO. LET'S SEE HERE. OH NO. OKAY. HERE'S SOME OF MY WORK. MAINLY BLACK AND GRAY REALISM, SOME COLOR. COUPLE PORTRAITS. HERE'S SOME OF MY PENCIL ARTWORK. WE HAVE DAK PRESCOTT, >> I'VE GOT TO JUMP IN HERE AND SAY SOMETHING. THIS ARTWORK IS DONE WITH A NUMBER 2 PENCIL, AND THAT IS ALL. SOME OF THESE PHOTOGRAPHS, THESE PENCIL ARTWORKS LOOK LIKE PHOTOGRAPHS WHEN YOU SEE THEM UP FRONT, AND THEY HAVE ENDED UP IN SOME VERY NICE HOMES AS WELL. ANYWAY, IT'S HARD FOR HIM TO BRAG ON HIMSELF. >> I HAVE A QUESTION. >> Mayor Muns: GO AHEAD. >> Tu: SO I UNDERSTAND YOU'RE VERY PROUD OF YOUR WORK. AND I UNDERSTAND YOUR ENTIRE FAMILY IS VERY PROUD OF YOU. SO ONLY HAVE ONE QUESTION. SO AT THIS POINT IN PLANO, THERE ARE TWO OTHER TATTOO SHOPS, RIGHT? >> RIGHT. >> Tu: SO IS YOUR SERVICE GOING TO SORT OF BE DIFFERENTIATED, LIKE, SERVE A DIFFERENT CLIENTELE THAN THOSE TWO OTHER TATTOO SHOPS? >> YES, MA'AM. SO WE -- MYSELF, INCLUDING THREE TO FOUR OTHER ARTISTS, WE'RE MAINLY APPOINTMENT BASED. SO WE DO HAVE A FOLLOWING OF THE CLIENTELE THAT WILL BE MORE ON IT KIND OF HELPS WITH THE IMPULSIVITY SOMETIMES THAT COMES ALONG WITH TATTOOS, ESPECIALLY IN OUR YOUTH AND YOUNGER PEOPLE, MAYBE 21. >> Tu: I GUESS THAT DIDN'T ANSWER MY QUESTION. SO THE OTHER TATTOO SHOPS, HAVE YOU HAD A CHANCE TO GO AND VISIT THOSE SHOPS? >> NO, MA'AM. >> Tu: OKAY. SO BASICALLY WHAT YOU'RE TRYING TO TELL ME IS THAT EACH TATTOO ARTIST BASICALLY HAVE THEIR OWN FOLLOWING. >> CORRECT. >> Tu: AND FOLLOWERS. SO WHEREVER YOU GO, THEY'LL JUST FOLLOW YOU. THEY DON'T JUST GO SHOPPING, TA STORES. >> YEAH, IT'S A LITTLE MORE -- ONCE THEY KIND OF GET COMFORTABLE IN A SITUATION AS FAR AS THEIR ARTIST GOES, THEY TYPICALLY KIND OF STAY THAT WAY. >> Tu: AND YOU GET YOUR CUSTOMER BASE EXPANSION FROM REFERRAL? >> MAINLY WORD OF MOUTH, SOME SOCIAL MEDIA PLATFORMS AS WELL. >> Tu: THANK YOU. >> Mayor Muns: THANK YOU. THANK YOU. >> MY BROTHER, STEVE SOIS, IS NOT GOING TO BE JOINING US TODAY. MY NAME IS KATHY MASON. I AM RYAN DAWSON'S MOM. MY BROTHER STEVE SOLTIS WAS SUPPOSED TO JOIN US TODAY, BUT HE WAS COMING FROM THE NORTHWEST. VERY APPRECIATIVE OF THE OPPORTUNITY TO STAND IN FRONT OF ALL OF YOU. MAYOR MUNS, YOU AND I HAVE A SPECIAL BOND, BEING THE THIRD GRADUATING CLASS OF PLANO SENIOR HIGH SCHOOL. CORRECT? ONE OF THE LARGEST -- >> Mayor Muns: YOU LOOKED VERY FAMILIAR. >> YEAH. [ LAUGHTER ]. >> I DOUBT IT AS THERE WERE CLOSE TO 1,600 OF US THIS YEAR, >> Mayor Muns: IT WAS A BIG CLASS. >> I WILL NOT AGE US ANY MORE THAN I HAVE. BUT YES, WE SHARED THAT. AND MY BROTHER WAS LUCKY ENOUGH TO SHARE HIS GRADUATION DATE WITH ONE OF THE P&Z GUYS. SO WE HAVE THAT GOING FOR US. I HAVE WORKED MANY YEARS IN THE PLANO AREA. THE TEAM THAT WAS HERE FROM MEDICAL CITY PLANO WAS SOME THAT I WORKED WITH PRIOR TO WHAT I DO NOW. I'M A NURSE PRACTITIONER AT BAYLOR PLANO. AND I JUST WANT TO SAY THAT THIS IS A LOVE PROJECT FOR OUR WHOLE FAMILY. IT'S NOT JUST A YOUNG MAN DOING SOMETHING. IT'S SOMETHING THAT WE ARE COMMITTED TO THE CITY AND WANT TO MAKE SURE THAT YOU ALL WILL BE PROUD OF IT. THANK YOU SO MUCH. >> Mayor Muns: THANK YOU. THANK YOU. GO AHEAD, RICK. I'M SORRY. >> FIRST TATTOO IS ON ME, MAYOR. OKAY. [ LAUGHTER ] JUST QUICK QUESTION. WHAT ARE YOUR PLANNED HOURS OF OPERATION? JUST BY APPOINTMENT? OR ARE YOU GOING TO BE OPEN SET HOURS? >> YES, IT WOULD MAINLY BE APPOINTMENT ONLY. BUT IT WOULD BE FROM A TIME MONDAY THROUGH THURSDAY WOULD BE 1:00 TO 9:00 P.M. ROUGHLY. AND THEN IT WOULD BE FRIDAY, SATURDAY, MAYBE A LITTLE BIT LONGER. MAYBE NOON TO 10: P.M. AND SUNDAY WOULD BE PROBABLY AROUND 1:00 TO 6:00 P.M. >> SO KIND OF CONSISTENT WITH SOME OF THE OTHER BUSINESSES THAT ARE IN THAT AREA THERE. >> CORRECT. >> RESTAURANTS AND OTHER THINGS. OKAY GREAT. THAT'S THE ONLY QUESTION I HAD. >> Mayor Muns: THANK YOU. I'LL CLOSE THE PUBLIC HEARING, CONFINE THE COMMENTS TO THE COUNCIL. >> MOTION TO APPROVE. >> Ricciardelli: SECOND. >> GOT IT. >> Mayor Muns: WHY CAN'T Y'ALL BE THAT FAST -- [ LAUGHTER ] >> Mayor Muns: OKAY, I HE A MOTION AND A SECOND TO APPROVE AGENDA ITEM NUMBER 4. PLEASE VOTE. MOTION PASSES 7-1. THANK YOU. NEXT ITEM. >> City Clerk: ITEM NUMBER FIVE. PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2023- 011 TO AMEND ARTICLE 15 (USE-SPECIFIC REGULATIONS) OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NO. 2015-5-2, AS HERETOFORE AMENDED, PERTAINING TO BACKYARD COTTAGE REGULATIONS; AND PROVIDING A PENALTY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE. >> ALL RIGHT. CASE 11 IS RELATED TO -- IS AMENDING ARTICLE XV TO COMPLY WITH THE LAW AFTER RECENT LEGAL DECISION AND SPECIFICALLY IS RELATED TO OUR BACKYARD COTTAGE REGULATIONS. THERE WAS A CASE OUT OF THE OCCUPANCY REQUIREMENTS FOR AT RENTAL ACTIVITIES VIOLATE THE COMMERCE CLAUSE, SO WE'RE LOOKING TO AMEND 15-1800 OF THE USE REGARDING BACKYARD COTTAGES THAT STATE THE PROPERTY OWNER MUST OCCUPY EITHER THE MAIN DWELLING UNIT OR THE BACKYARD COTTAGE AS A PERMANENT RESIDENCE. THIS AMENDMENT WOULD REMOVE THAT OCCUPANCY REQUIREMENT. AT THE SAME TIME, IT WILL RETAIN OTHER REQUIREMENTS THAT STILL QUIRE AEED RESTRICTION ON THE PROPERTY. SO IT CANNOT BE SUBDIVIDED. THIS IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN, GUIDING PRINCIPLES, NEIGHBORHOOD CONSERVATION, AND SPECIAL HOUSING NEEDS. P&Z DID RECOMMEND THIS APPROVAL 7-0. AND I'M AVAILABLE FOR QUESTIONS ON THIS ITEM. >> Mayor Muns: QUESTIONS FOR STAFF? ALL RIGHT. ANY SPEAKERS? >> City Clerk: ARE YOU GOING TO OPEN THE PUBLIC HEARING? >> Mayor Muns: OH. I NEED TO DO THAT, DON'T I? I OPEN THE PUBLIC HEARING. ANY SPEAKERS? >> City Clerk: THERE ARE NO SPEAKERS ON THIS ITEM. >> Mayor Muns: ALL RIGHT. I'LL CLOSE THE PUBLIC HEARING. >> MOTION TO APPROVE. >> SECOND. >> Mayor Muns: MOTION AND SECOND TO APPROVE AGENDA ITEM NUMBER 5. PLEASE VOTE. TRY IT AGAIN, JULIE. IT'S ALL RIGHT. MOTION PASSES 8-0. THANK YOU. NEXT ITEM. >> City Clerk: ITEM NUMBER 6. PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2023- 012 TO REPEAL CERTAIN SECTIONS AND AMEND ARTICLE 4 (AMENDMENTS), ARTICLE 7 (NONCONFORMITIES), ARTICLE 10 (NONRESIDENTIAL DISTRICTS), ARTICLE 12 (PLANNED DEVELOPMENT DISTRICTS), ARTICLE 17 (LANDSCAPING AND TREE PRESERVATION), AND ARTICLE 23 (EXTERIOR WALL CONSTRUCTION STANDARDS) OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NO. 2015-5-2, AS HERETOFORE AMENDED, PERTAINING TO RECENT STATE LEGISLATIVE ACTIONS AND TO ENSURE COMPLIANCE WITH STATE LAW; AND PROVIDING A PENALTY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE. >> ALL RIGHT. CASE 12 IS AMENDING VARIOUS ARTICLES OF THE ZONING ORDINANCE, WHICH YOU'VE HEARD, TO INCREASE COMPLIANCE WITH STATE LAW. ALSO OF NOTE IS THAT THERE WERE SO MANY CHANGES THIS YEAR THAT WE DID ASK P&Z TO CALL AN ADDITIONAL PUBLIC HEARING BECAUSE WE NEEDED TO BRING BACK A SECOND CASE TO CONTINUE TO -- A SECOND SET OF AMENDMENTS JUST BECAUSE OF THE COMPLEXITY. SO YOU'LL SEE MORE CHANGES FORTHCOMING. SO THIS IS OUR FIRST PASS AT THESE BILLS. SO WE HAVE HOUSE BILL 2127, 3699, AND SENATE BILL 929 FOR YO THIS EVENING. WE ALSO ARE GOING TO LOOK BACK AT A BILL FROM 2019, HOUSE BILL 2439, KIND OF REVISIT THAT BRIEFLY. SO HOUSE BILL 2127, THIS IS SUPER PREEMPTION, WHICH I BELIEVE YOU'RE ALL FAMILIAR WITH. SO THE WAY WE WERE CONCERNED ABOUT IT IMPACTING US, THE ZONING ORDINANCE REQUIRES A SPECIFIC DELAY IN ACTION IN BRINGING FORTH A ZONING CASE. AND BECAUSE THIS BILL DEFINES A PROCESS FOR A CLAIMANT TO BRING ACTION AGAINST A MUNICIPALITY, WE DID NOT WANT THAT ADDITIONAL DELAY IN THE ZONING ORDINANCE BECAUSE WE THINK IT WILL HARM THE CITY'S ABILITY TO RESPOND TO ANY ACTION. SO WE WANT THAT RESTRICTION OF THE 36 DAYS ON FILING A ZONING PETITION. WE'RE LOOKING TO REDUCE THAT REQUIREMENT TO OUR NOTICE STANDARDS. THAT WILL GIVE THE CITY ADDITIONAL TIME TRESPD TO ANY PETITION THAT MAY BE FILED AGAINST THE CITY. THAT WAY WE HAVE MORE TIME TO RESPOND IF WE ARE TO HAVE A LAWSUIT FILED AGAINST US. SO I KNOW THIS IS SMALL ON THE SCREEN, BUT IT IS ALSO, I BELIEVE, IN YOUR PACKET. SO IT SHOWS JUST THE ADDITIONAL TIME. IT'S A FEW DAYS, BUT WE THINK IT MAY BE MEANINGFUL. WE STILL WILL BE REQUIRED TO MEET ALL THE NOTICE REQUIREMENTS IN THE ZONING ORDINANCE. AFTER P&Z OR COUNCIL WERE TO CALL A PUBLIC HEARING FOR A ZONING ACTION, WE STILL HAVE TO SEND NOTICES. SO ALL THOSE STANDARD REQUIREMENTS WILL BE MET. WE JUST WON'T HAVE THE ADDITIONAL TIME DELAY BETWEEN CALLING A PUBLIC HEARING AND SENDING NOTICES. SO I THINK IT WILL JUST PROVIDE ADDITIONAL PROTECTION FOR THE CITY IN THE EVENT OF A LAWSUIT. SO MOVING ON TO SENATE BILL 929. THIS DEALT WITH NONCONFORMITIES. IT HAD A LOT OF VERY PRESCRIPTIVE SNDAR FOR NOTICE THAT WE ARE INTENDING TO ADD TO THE ZONING ORDINANCE, AND PROVIDES PROCESSES FOR A NONCONFORMING USE IF IT'S REQUIRED TO STOP OPERATING BY A CITY. SO WE PUT IN THE NOTICE REQUIREMENTS, ADDED LANGUAGE REGARDING THE NONCONFORMING USE, SIMPLIFYING THAT, AND WE'RE ALSO CALLING AN ADDITIONAL PUBLIC HEARING TO CONSIDER AMENDMENTS IN A SEPARATE ZONING CASE BECAUSE OF THE COMPLEXITY, AGAIN, OF TRYG TO PROCESS THAT ALL BY THIS DEADLINE. SO HOUSE BILL 2439. AGAIN, THIS DATES BACK TO 2019. WE ADDED SOME MITIGATING REQUIREMENTS. WE USED ALTERNATIVE INCENTIVES WHERE WE BASICALLY WERE INCENTIVIZING PEOPLE TO CONTINUE THE CITY'S EXISTING LANDSCAPING AND -- I'M SORRY. WE USED ACTUALLY LANDSCAPING AS AN INCENTIVE FOR PEOPLE TO CONTINUE OUR EXISTING MATERIAL REQUIREMENTS. SOME OF OUR MATERIAL REQUIREMENTS DATED BACK TO THE '80s, AND WE WERE REALLY CONCERNED ABOUT THE COMMUNITY'S REQUIREMENTS.LIMINATING MATERIA- HOWEVER, IT'S REALLY CAUSED A LOT OF CONFUSION BECAUSE THE DEVELOPMENT COMMUNITY HAS AN EXPECTATION BECAUSE OF THIS STATE LAW CHANGE. SO ADMINISTERING THE REGULATIONS THE WAY THEY ARE TODAY IS VERY DIFFICULT. SO WE'RE LOOKING TO BASICALLY GO BACK TO JUST COMPLY WITH THE LEGISLATURE THE WAY IT'S WRITTEN AND REMOVE THOSE INCENTIVES THE WAY THEY WERE WRITTEN BECAUSE OF THE COMPLEXITY THAT IT'S CAUSING WITH THE DEVELOPMENT PROCESS. WE THINK IT'S ACTUALLY JUST DOING MORE HARM THAN GOOD. SO WE WERE TRYING TO MEET THE COMMUNITY STANDARDS, BUT WE THINK, AGAIN, IT'S HINDERING AND DISCOURAGING REINVESTMENT IN SOME OF OUR OLDER PROPERTIES, ALTHOUGH THAT WAS NOT THE INTENT. SO WE THINK IT WILL BE BENEFICIAL TO THE COMMUNITY TO REMOVE THOSE INCENTIS. SO THIS IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN, GUIDING PRINCIPLES, AND LAND USE ACTION NUMBER ONE. THE PLANNING AND ZONING COMMISSION DID RECOMMEND THIS UNANIMOUSLY FOR APPROVAL, AND WE ARE AVAILABLE FOR QUESTIONS SHOULD YOU HAVE THEM? >> Mayor Muns: THANK YOU. ANY QUESTIONS FOR CHRISTINA? THANK YOU. I'LL OPEN THE PUBLIC HEARING. ANY SPEAKERS? >> City Clerk: THERE ARE NO SPEAKERS. >> Mayor Muns: I'LL CLOSE THE PUBLIC HEARING, CONFINE THE >> MAKE A MOTION WE APPROVE ITEM 6. >> SECOND. >> Mayor Muns: I HAVE A MOTION AND A SECOND TO APPROVE AGENDA ITEM NUMBER 6. PLEASE VOTE. MOTION PASSES 8-0. THANK YOU. NEXT ITEM. >> City Clerk: ITEM NUMBER 7. PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN SUBDIVISION ORDINANCE AMENDMENT 2023-002 TO AMEND ARTICLE II (DEFINITIONS), ARTICLE IV (ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS), AND ARTICLE V (REQUIREMENTS FOR PUBLIC IMPROVEMENTS, RESERVATION AND DESIGN) OF THE SUBDIVISION ORDINANCE OF THE CITY, ORDINANCE NO. 2017-11-4, AS HERETOFORE AMENDED, AS A RESULT O F RECENT STATE LEGISLATIVE ACTIONS AND TO ENSURE COMPLIANCE WITH STATE LAW; AND PROVIDING A PENALTY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE. >> ALL RIGHT. THIS IS CONTINUING ON OUR THEME OF UPDATES BASED ON LEGISLATIVE CHANGES. BUT THIS IS AN UPDATE TO THE SUBDIVISION ORDINANCE. THIS IS BASED ON HOUSE BILL 3699. AND IT PROHIBITS A MUNICIPALITY FROM REQUIRING DEDICATION OF A FUTURE STREET OR ALLEY UNLESS IT'S INTENDED BY THE PROPERTY OWNER AND INCLUDED AND FUNDED IN A CAPITAL IMPROVEMENT PLAN. SO WE NEEDED TO MAKE CHANGES TO THE SUBDIVISION ORDINANCE. IT ALSO ALLOWS PLAT APPROVAL AUTHORITY TO BE DELEGATED TO STAFF. WE'RE STILL DISCUSSING HOW THAT MIGHT BE APPLIED AND ARE GOING TO BRING THAT BACK TO THE FOR FURTHER CONSIDERATION.ON THE GOOD NEWS ABOUT THIS BILL, WE FEEL, IS IT STRIKES THE WORD "PLAN" FROM MANY AREAS OF CHAPTER 212, WHICH WAS A VERY CONFUSING EDITION THAT HAD HAPPENED A FEW LEGISLATIVE CYCLES AGO THAT REALLY PROVIDES SOME CLARITY THAT WAS VERY -- A VERY HELPFUL ADDITION TO THIS BILL. SO THE SUBDIVISION ORDINANCE, WE'RE PROPOSING TO AMEND THAT TO COMPLY WITH THE NEW STREET DEDICATION REQUIREMENTS. SO THE LANGUAGE BEFORE YOU REALLY JUST GOES THROUGH, ADDS SOME DEFINITIONS, AND ALSO JUST MODIFIES THE LANGUAGE TO MAKE IT COMPLIANT WITH THIS PROVISION OF THE LAW, ENSURING THAT WE ARE MEETING THOSE TWO STANDARDS OF STREET DEDICATION. IT WAS RECOMMENDED FOR APPROVAL OF 8-0 BY THE PLANNING AND ZONING COMMISSION, AND I'M AVAILABLE FOR QUESTIONS. >> Mayor Muns: ALL RIGHT. THANK YOU. QUESTIONS FOR STAFF? I'LL OPEN THE PUBLIC HEARING. >> City Clerk: WE DO HAVE ONE SPEAKER ON THIS ITEM, WILLIAM ZANNSTRA. HE WAS SUPPOSED TO BE ON ZOOM, BUT HE IS NOT THERE. >> Mayor Muns: ALL RIGHT. >> City Clerk: I THINK WE'RE GOOD. >> Mayor Muns: I'LL CLOSE THE PUBLIC HEARING, CONFINE THE COMMENTS TO COUNCIL. >> Ricciardelli: MOTION TO APPROVE. >> YEAH, I JUST -- >> SORRY. >> -- WANT TO GET A LITTLE BIT OF CLARIFICATION. DOES THIS HAVE ANYTHING TO DO WITH THE DOWNTOWN THOROUGHFARE STANDARDS? WILL THAT IMPACT ANYTHING DOWN THERE AT ALL? >> IT DOES -- I DON'T WANT TO SAY NO BECAUSE IT DOES DEAL WITH -- I MEAN, THE STATE LAW DOES CHANGE REQUIREMENTS FOR DEDICATING STREETS. BUT I DON'T THINK IT -- IT'S CITYWIDE. IT APPLIES CITYWIDE. IT DOESN'T HAVE SPECIFICALLY TO DO WITH DOWNTOWN. IT HAS TO DO WITH THE WAY THE CITY REQUIRES RIGHT-OF-WAY DEDICATION THROUGHOUT PLANO. >> BUT SINCE THAT IS SOMETHING COMING UP ON A FUTURE AGENDA THAT WE'LL BE DISCUSSING, I'M JUST WONDERING IF IT IS GOING TO IMPACT THAT IF WE MIGHT WANT TO WAIT TO DISCUSS IT AT THAT TIME. >> WELL, WHAT WE'RE DOING, I THINK, WITH THIS IS JUST SIMPLY COMPLYING WITH STATE LAW. I DON'T THINK ANYTHING HERE IS DISCRETIONARY BECAUSE IT'S WHAT THE LEGISLATURE TOLD US THAT WE HAVE TO DO. >> OKAY. >> WOULD BE -- THAT'S MY INTERPRETATION. I DON'T THINK THERE'S ANYTHING HERE THAT'S DISCRETIONARY. >> Holme OKAY. I GUESS THIS IS KIN OF A GENERAL QUESTION. IF SOMETHING IS ON PUBLIC -- ITEM FOR PUBLIC COMMENTS, PUBLIC CONSIDERATION, DOES THAT MEAN THAT WE DO HAVE SOME LATITUDE ON IT? I GUESS I'M NOT UNDERSTANDING WHY THINGS THAT WE'RE NOT REQUIRED TO DO, FOR EXAMPLE, REMOVING THE CURFEW THAT WAS IN OUR CONSENT AGENDA, WHY WE DON'T PUT THEM IN THE CONSENT AGENDA. IT'S JUST CONFUSING ME A LITTLE BIT IF THERE'S SOMETHING -- >> THIS ONE HAS A PUBLIC HEARING, SO PUBLIC HEARINGS CAN'T BE DONE IN CONSENT AGENDA. >> Holmer: OKAY. >> ITEMS THAT REQUIRE PUBLIC HEARING HAVE TO BE ON INDIVIDUAL CONSIDERATION. OTHER ITEMS THAT MAY BE A TEXT AMENDMENT THAT DOES NOT REQUIRE A PUBLIC HEARING CAN GO ON A CONSENT AGENDA. >> Holmer: OKAY. >> IT'S THE DIFFERENCE BETWEEN THE CODE OF ORDINANCES AND THE ZONING AND SUBDIVISION, WHICH REQUIRES PUBLIC HEARINGS, CURFEWS, AND CODE, REGULAR CODE. >> JUST REAL QUICK AGAIN. NONCONFORMING ROADS. I MEAN, IF THEY'RE NOT MEETING OUR CURRENT STANDARDS, DOES THIS AFFECT ANY OF THOSE. LIKE, THOSE ARE THROUGHOUT THE ENTIRE CITY. >> I THINK WHAT WE'RE TRYING TO DO IS DEFINE WHAT'S A FUTURE ROAD BECAUSE THE CURRENT SUBDIVISION ORDINANCE, WE'RE ADDING DEFINITIONS TO ENSURE THAT WE UNDERSTAND STATE LAW, WHAT IS A FUTURE ROAD. RIGHT NOW, WE DIDN'T HAVE THAT DEFINITION IN THE ORDINANCE, BUT THAT'S THE LANGUAGE IN STATE LAW. SO WEAVE JUST ADDED THAT DEFINITION AND CLARIFIED BECAUSE IT'S EXISTING STREET VERSUS FUTURE STREET, SO WE KNOW THAT WE'RE MEETING THE STATE LAW STANDARD OF WHEN A FUTURE STREET IS DEDICATED. AND THEN WE'RE ENSURING THAT WHEN THAT DEDICATION OCCURS, WE'RE MEETING THE STATE LAW STANDARD THAT IT HAS TO BE FUNDED AND SHOWN ON THE CAPITAL IMPROVEMENT -- OR I'M SORRY, THE COMMUNITY INVESTMENT PROGRAM BECAUSE THAT'S WHAT STATE LAW REQUIRES. OUR CURRENT ORDINANCE, THE WAY IT STANDS NOW, WE DON'T HAVE THAT LANGUAGE THAT MEETS STATE LAW THAT SAYS RIGHT NOW WE REQUIRE PEOPLE TO DEDICATE WITHOUT MEETING THOSE STANDARDS THAT ARE IN STATE LAW. SO YOU SEE, IF WE DON'T UPDATE THE ORDINANCE WITH THESE CHANGES, WE'RE JUS SAYING YOU HAVE TO DEDICATE RIGHT-OF-WAY. WE'RE NOT SAYING YOU ONLY HAVE TO DEDICATE RIGHT-OF-WAY IF IT'S ON THE CIP AND IT'S FUNDED. >> THANK YOU FOR CLARIFYING THAT. >> OKAY. >> Tu: I'LL SECOND THE MOTION TO APPROVE. >> Ricciardelli: I JUMPED THE GUN A LITTLE WHILE AGO. >> Mayor Muns: MOTION AND SECOND TO APPROVE AGENDA ITEM NUMBER 7. PLEASE VOTE. MOTION PASSES 8-0. NEXT ITEM. >> City Clerk: ITEM NUMBER 8. CONSIDERATION OF AN ORDINANCE TO AMEND SECTION 16-19 - FEES FOR ZONING, REZONING AND OTHER MISCELLANEOUS FEES, OF ARTICLE II - FEES GENERALLY, OF CHAPTER 16, PLANNING AND DEVELOPMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PLANO; TO REVISE THE ENGINEERING INSPECTION FEE TO BE CONSISTENT WITH NEW STATE LAW REQUIREMENTS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. >> ALL RIGHT. CALEB THORNHILL, DIRECTOR OF ENGINEERING. I FEEL LIKE I WAS UP HERE A LONG TIME AGO. SO YEAH, YOU'RE PROBABLY SEEING THE THEME BY NOW. ENGINEERING INSPECTION FEES. IT'S BEEN MANDATED WE HAVE TO REVISE THE WAY WE CALCULATE THOSE. SO AGAIN, THE SIMILAR THEME, HOUSE BILL 3492 IS THE FEE WE'RE TALKING ABOUT. BASICALLY WHAT IT SAYS, AND YOU'RE MORE THAN WELCOME TO GO THROUGH AND READ THE ENTIRE BILL. BASICALLY IT SAYS WE CANNOT CHARGE AN INSPECTION FEE BASED ON A -- THE CONSTRUCTION COST, WHICH IS WHAT WE DO TODAY. SO WHAT WE WOULD TYPICALLY DO IS A DEVELOPER COMES IN, PROPOSES THE IMPROVEMENT. WE WILL TAKE THE PUBLIC IMPROVEMENTS ONLY, ASSIGN A -- THE CONSTRUCTION COST TO THAT, AND THEN DEVELOP THE INSPECTION FEE BASED ON THE PERCENTAGE OF THAT CONSTRUCTION COST. THE HOUSE BILL SAYS WE CAN NO LONGER DO THAT. WE HAVE TO DO THE ACTUAL COST OF OUR STAFF TO INSPECT THE PROJECT. AND THAT BILL GOES INTO EFFECT SEPTEMBER 1st. SO LIKE I MENTIONED, THEY HAVE TO BE -- OUR INSPECTION FEES TODAY ARE CALCULATED BASED ON THE PUBLIC IMPROVEMENTS OF THE INSTALLED PROJECT. CURRENTLY WE CHARGE 4% OF THE CONSTRUCTION COST FOR THE PUBLIC IMPROVEMENTS. SO WHAT WE HAVE PROPOSED IS, AGAIN, ASSIGNING A RATE ON AN HOURLY BASIS WITH SOME ASSISTANCE ON WHAT THE HOURS WOULD BE BASED ON THE PROJECT SIZE. WE HAVE PUT INHERE $100 PER HOUR WITH A MINIMUM FEE OF $200. WE'VE ALSO ASSIGNED AN OUTSIDE NORMAL BUSINESS HOURS. AND THEN WE'VE BROKEN IT UP INTO BASICALLY OUR MAIN CATEGORIES THAT WE HAVE PUBLIC IMPROVEMENTS GRADING PAVING SIDEWALK, DRAINAGE AND WATER AND WASTEWATER. SO WHAT WE WOULD DO IF A DEVELOPER CAME IN, THEY WOULD GIVE A LIST OF QUANTITIES THEY HAVE FOR PUBLIC IMPROVEMENTS. WE WOULD TAKE THESE NUMBERS, ASSIGN THE NUMBER OF HOURS TO THAT PROJECT AND THEN TAKE THE RATE AND MULTIPLY THAT BY THAT. SO WHAT WE'VE DONE IS TAKEN A COUPLE EXISTING PROJECTS TO SEE HOW THIS COMPARES TO WHAT WE'RE DOING NOW. THE NUMBER YOU SEE, AGAIN, THE FORMULAS WE'VE GOT THERE, THIS PROJECT BASED ON THE QUANTITIES THAT WE RECEIVED WOULD BE APPROXIMATELY $15,000 UNDER OUR CURRENT MODEL AND WHAT WE ACTUALLY CHARGED FOR THAT WAS CLOSER TO JUST OVER 19,000. AND AGAIN, THAT'S THE 4% MODEL AT THE BOTTOM. IN THE SPREADSHEET YOU SEE THERE, THAT'S THE 15,000. THAT'S USING THIS NEW MODEL. THAT WAS A COMMERCIAL PROPERTY. THIS WAS A RESIDENTIAL. AGAIN, TAKING THE QUANTITIES WE HAD FOR THE ACTUAL PROJECT. APPLYING THE FORMULA WITH THE NEW RATE COMES UP TO JUST OVER 40,000. AND UNDER OUR CURRENT MODEL, THE 4%, WE CAME IN AT JUST OVER 44,000. I'M SURE ONE OF THE BIGGEST QUESTIONS IS, WHAT IS EVERYBODY ELSE DOING? I'VE HAD NUMEROUS CALLS OVER THE LAST FEW WEEKS. AS YOU KNOW, THAT THIS WAS APPROVED EARLIER THIS SUMMER. WE'VE HAD ABOUT THREE O FOUR WEEKS TO DIGEST EXACTLY WHAT'S GOING ON. I DID SOME LOOKING THROUGH GOOGLE. OF COURSE, THAT'S THE EXPERT FOR EVERYBODY. AND PRETTY MUCH EVERY CITY THAT I COULD FIND IN TEXAS USES A PERCENTAGE, WHETHER IT'S 3.2, 3.5, 4% LIKE WE DO. AND SO I WENT, OKAY, WELL, LET ME LOOK AT SOME COMPARISONS THROUGHOUT THE NATION. I THINK 99.9% OF THE RATES THAT I FOUND WERE BASED ON A PERCENTAGE. SO I HAVE NOT LOOKED AT LEGISLATION IN OTHER STATES TO SEE IF IT'S CHANGING. BUT IN THE TO, WHICH ARE THE LOCAL ONES HERE, EVERYBODY IS ESSENTIALLY SCRAMBLING. THEY DO NOT HAVE A CONSISTENCY. I'VE HEARD PEOPLE CHARGING ON A PER-ACRE RATE. SOMEBODY HAS HIRED A THIRD PARTY TO GIVE THEM A RATE, BUT THEN THEY HAVE TO ASSIGN HOW THEY CHARGE THAT. SO AS OF LAST FRIDAY, THE OTHER CITIES I TALKED TO -- AGAIN, THOSE ARE LOCAL HERE -- STILL HAD NOT FINALIZED ANYTHING. SO WE'RE KIND OF SETTING THE MARKET, IF YOU WILL. AND THE ONE THING THAT THE OTHER CITIES DID SAY FROM A CONSISTENT STANDPOINT IS WE ARE GOING TO HAVE TO IMPLEMENT A FUTURE STUDY TO SEE HOW THIS COMPARES TO OTHER CITIES, WHAT WE'RE ACTUALLY COLLECTING. YOU KNOW, NOBODY IS IN IT TO MAKE A HUGE REVENUE ON THIS, BUT WE WANT TO BE FAIR AND EQUITABLE. SO MOVING FORWARD, THE RECOMMENDATION IS TO APPROVE THESE NEW RATES TONIGHT. WE WILL WORK WITH THE OUTSIDE CONSULTANT TO START A STUDY. D THEN FEEL OUT THE OTHER CITIES, SEE WHAT THEY'RE DOING. AND IF THERE'S ANY UPDATES OR CHANGES, WE'LL BE BACK TO YOU GUYS WITH THOSE. >> NOT TO DRAG THE EVENING ON, BUT I DO HAVE SOME QUESTIONS, CALEB. >> I WILL DO MY BEST. >> NOT THE FACT THAT THIS IS -- I UNDERSTAND YOU'VE GOT A RATE HERE FOR HOURLY RATE. THERE'S TWO OTHER COSTS ASSOCIATED WHEN WE'RE OUT THERE DOING THE INSPECTION. THAT'S ONE, THE TRANSPORTATION COST TO COME FROM YOUR OFFICE TO AD FROM AND TIME TO GET THERE. AND IT COULD BE ATEAM. IS THAT PART OF THE FEE STRUCTURE THAT YOU'RE LOOKING AT HERE AS FAR AS OTHER FEES THAT HAVE TO BE ASSOCIATED WITH THAT? DO WE HAVE WITHIN THIS LAW THAT WE CAN RECAPTURE THAT FEE? >> SO THE ANSWER IS NO, IT IS NOT. I KNOW. SO WHAT WE DID, THERE IS -- AND I COULD SHOW YOU MY SPREADSHEETS. THERE'S ABOUT 28 DIFFERENT TABS ON IT THAT I WORKED ON TO TRY TO DEVELOP THIS FEE ESSENTIALLY. I TALKED TO ALLEN, FRISCO, McKINNEY. AGAIN, EVERYBODY WAS ALL OVER THE MAP. BUT THE SHORT ANSWER IS . BECAUSE WHEN WE READ THE LAW -- AND THIS IS WITHOUT TALKING TO ATTORNEY GENERALS AND WHATNOT. IT WAS THE COST TO INSPECT THE PROJECT. SO YOUR QUESTION IS VERY VALID, AND THAT WAS MY FIRST QUESTION. CAN WE INCLUDE VEHICLES? CAN WE INCLUDE iPADS AND WORK BOOTS, TRUCKS OR HATS, SHIRTS, YOU KNOW, VESTS, YOU KNOW, EVERYTHING ELSE THAT WILL GO INTO THAT. AND THE WAY IT'S BEEN INTERPRETED TO THIS POINT WAS THE COST TO INSPECT. NOT THE EQUIPMENT NEEDED TO INSPECT BUT THE COST TOINSPECT. SO WHAT I INCLUDED WAS INSPECTOR'S TIME, OBVIOUSLY. INSPECTOR HAS A SUPERVISOR. THERE'S REVIEW ENGINEERS THAT HAVE ROLES IN THAT. ANYBODY THAT WAS INVOLVED WITH THE INSPECTION PROJECT >> ONE LAST QUESTION. THIS IS REALLY, WHEN YOU HAVE TO GO BACK AND DO -- PARTICULARRY WHEN LOOKING AT CONCRETE, YOU'VE GOT CYLINDER TESTS YOU HAVE TO REVIEW, COMPRESSION TESTS ON THOSE CYLINDERS. IS THAT PART OF THAT INSPECTION FEE ALSO? SO DO THEY JUST SEND YOU THE REPORTS AND YOU STUDY THAT AND YOU'RE BASICALLY ABLE TO CHARGE A QUARTLY RE TO LOOK AT THOSE FEES? >> YEAH, AND HONESTLY, THAT'S THE BIG CHALLENGE. BECAUSE SOME PROJECTS TAKE LONGER THAN OTHERS, AND SOMETIMES THAT'S BASED ON OBVIOUSLY THE SIZE OF THE DEVELOPMENT OR THE IMPROVEMENTS THAT ARE GOING IN. BUT WHAT WE DON'T HAVE IN PLACE TODAY IS OUR INSPECTORS DO NOT TRACK THEIR TIME, MEANIN THEY DON'T GO TO PROJECT A AND SAY I SPENT 45 MINUTES HERE TODAY AND THEN I GO TO PROJECT B AND IN TWO HOURS AND SO ON AND SO FORTH. SO A TASK LIKE THAT, YOU KNOW, THEY DON'T S DOWN AND SAY I REVIEWED THIS CYLINDER TEST AND MATERIALS TEST FOR 30 MINUTES AND I'M GOING TO PUT THAT TO PROJECT A. THAT'S WHAT HOPEFULLY THE STUDY WILL COME UP WITH TO DO THAT. BUT THE CHALLENGE IS OBVIOUSLY THEY GET CALLED OUT TO A SITE, I NEED YOU TO COME OUT AND LOOK AT SOMETHING, WHETHER ON THE EAST SIDE, NORTH SIDE, WEST SIDE, WHEREVER IT IS, IS IT THE TIME DRIVING TO THE SITE, IS IT THE TIME JUST ON THE SITE? THERE'S A LOT OF VARIABLES THAT ARE IN PLAY >> OKAY. SOUNDS LIKE YOU HAVE YOUR TASKS BEFORE YOU. BUT FROM JUST AENERAL CIVIL ENGINEING AND LOOKING AT WHAT THEY HAVE TO DO WITH THE TESTS, IT'S A LOT OF DRIVE TIME. IT'S A LOT OF DESK TIME. BUT ALSO THE INSPECTION TIME. SO WE'VE GOT TO FIGURE OUT HOW TO RECOVER THOSE COSTS BECAUSE THIS COULD BE A REAL DING ON THE REVENUE. BUT ANYWAY, THANK YOU, CALEB. >> YEP. >> Mayor Muns: ANY OTHER QUESTIONS? >> I'M SORRY, I CAN'T HELP MYSELF. SO I UNDERSTAND -- VERY SHORT. SO RIGHT NOW, YOU SET THE HOURLY FEE AT $100 PER HOUR. IS THAT SOMETHING THAT JUST RANDOMLY CAME UP OR IS THIS SOMETHING YOU CALCULATED BASED ON WHATEVER PAST HISTORY AND DECIDED THIS IS A FAIR RATE? >> SO I LOOKED AT IT NUMEROUS WAYS. OBVIOUSLY I COMPARED IT BASED ON HOW OUR FEES ARE BEING GENERATED. I ALSO LOOKED AT IT FROM OUR STAFF STANDPOINT. SO I TOOK OUR INSPECTOR'S FEE AND TOOK AN AVERAGE. WE HAVE TEN INSPECTORS IN OUR GROUP, AND I TOOK AN AVERAGE OF HOW MUCH TIME THEY SPEND -- OR I'M SORRY. HOW MUCH THEIR SALARIES ARE. I TOOK THEIR HOURLY RATE AND SAID INSPECTOR 100% OF THE TIME IS GOING TO BE INSPECTING. SO THAT WAS A FAIRLY EASY ONE. SO I GOT THAT HOURLY RATE. THEN I TOOK THE CONSTRUCTION INSPECTOR SUPERVISOR AND THE REMAINING EMPLOYEES AND THEN TOOK A PERCENTAGE OF THEIRS AS WELL WHERE A DEVELOPMENT REVIEW MANAGER WOULD BE INVOLVED WITH THE INSPECTION, BUT IT'S NOT GOING TO BE OUT THERE EVERY DAY. SO IT MAY BE CLOSER TO FIVE AND BASICALLY LINE THOSE UP AND THEN KIND OF COMPARED IT TO HOW MUCH TIME IS SPENT OUT ON THE SITES, HOW MUCH INFRASTRUCTURE WE PUT IN. I TOOK THE AVERAGES OVER THE LAST FIVE YEARS OF HOW MUCH WATER LINES WE PUT IN AND SEWER LINES, COMPARED THEM TO THE RATES THAT WE PUT IN HERE AND, YOU KNOW, CAME UP WITH THE RATE. >> Tu: THANK YOU. THAT'S ALL I NEEDED TO KNOW. MOTION TO APPROVE. >> CALEB, JUST WANT TO SAY I ALWAYS APPRECIATE YOUR DEADPAN DELIVERY. >> I TRY. [ LAUGHTER ]. >> Williams: OH, AND SECOND. >> Mayor Muns: MOTION AND A SECOND TO APPROVE AGENDA ITEM NUMBER 8. PLEASE VOTE. MOTION PASSES 8-0. NO FURTHER BUSINESS, MEETING'S ADJOURNED.