>> Mayor Muns: I NOW DECLARE THE PLANO CITY COUNCIL PRELIMINARY OPEN MEETING IS RECONVENED INTO OPEN SESSION, THAT ALL COUNCILMEMBERS ARE PRESENT. OUR FIRST ITEM IS THE PRELIMINARY AGENDA IS CONSIDERATION AND ACTION RESULTING IN THE EXECUTIVE SESSION. OUR NEXT IM IS PERSONNEL APPOINTMENTS. FIRST ITEM IS ITEM A, ANIMAL SHELTER ADVISORY COMMITTEE. MEMBER AND CHAIR. >> THANK YOU, MAYOR. >> Mayor Muns: HOLD ON, COUNCILMEMBER. LET ME GO BACK UP TO THE ONES WE JUST DID. BOARD OF ADJUSTMENT, MEMBERS AND CHAIR. >> THEY WANTED ME FIRST. >> Mayor Muns: SORRY. >> >> Grady: MAYOR AND COUNCIL, WE'RE GOING TO REINSTALL JA JAN STOVALL, APPOINT SAMUEL JOHNSON, DID DYLAN RDYLAN R ARCHBISHOPFF EXT. >> Mayor Muns: THANK YOU. I HAVE A MOTION AND A SECOND. WE'LL DO HAND VOTES ON THE FAVOR. MOTION PASSES. THANK YOU. BUILDING STANDARDS COMMISSION. MEMBERS AND CHAIR? >> MAYOR, WE WOULD LIKE TO APPOINT WILLIAM CLAY TO THE VACANCY, AND APPOINT AS ALTERNATES, DARRELL BOWEN. DO WE HAVE TO DO THE CHAIR SEPARATE? I DON'T THINK SO. AND REAPPOINT PETER KRAUSE AS CHAIR. >> Mayor Muns: SECOND? >> ALL RIGHT. HAVE A MOTION AND SECOND. SORRY. FOR BUILDING STANDARDS COMMISSION, ALL IN FAVOR? MOTION PASSES. 8-0. HERITAGE COMMISSION CHAIR? >> [ INUDIBLE - NO MIC ] THERE ARE NO OPENING AND VACANT SPOTS OTHER THAN THAT. >> Mayor Muns: AND SECOND. THANK YOU. I HAVE A MOTION AND A SECOND FOR THE HERITAGE COMMISSION CHAIR, ALL IN FAVOR? MOTION PASSES 8-0. PLANNING AND ZONING COMMISSION, MEMBER AND CHAIR? >> MR. MAYOR, WE MAKE A ASHE CHAIR, ANDDAVI DOW APPOINTMENT JOHN MICHAEL BRUNOFF AS THE REGULAR. >> SECOND. >> Mayor Muns: I HAVE A MOTION AND A SECOND FOR PLANNING AND ZONING COMMISSION MEMBER CHAIR. ALL IN FAVOR? MOTION PASSES 8-0. THE DART BOARD OF DIRECTORS, INTERIM MEMBER. I NOMINATE NATHAN BARBERA. >> AND MAYOR, THERE WILL ACTUALLY BE A RESOLUTION. >> Mayor Muns: IS THAT COMING UP. >> UH-HUH. WE'LL DO A MOTION ON THAT. >> Mayor Muns: ITEM 2, ANIMAL SHELTER ADVISORY COMMITTEE, MEMBER AND CHAIR. >> THANK YOU, MAYOR. I'D LIKE TO MAKE A MOTION TO APPOINT BRENDA BAIRD AS THE NEW MEMBER FOR ANIMAL SHELTER. AND WE WILL REAPPOINT THE EXISTING CHAIR, KAREN DUBRO. >> Ricciardelli: SECOND. >> Mayor Muns: THANK YOU. I HAVE A MOTION AND SECOND FOR THE MEMBER AND CHAIR OF ANIMAL SHELTER. ALL IN FAVOR? MOTION PASSES 8-0. COMMITY RELATIONS COMMISSION CHAIR? >> I MAKE A MOTION TO REAPPOINT JOHNNY SINGH. >> SECOND. >> Mayor Muns: MOTION AND SECOND TO APPOINT CHAIR JOHNNY SINGH, IN COMMUNITY RELATIONS. ALL IN FAVOR? MOTION PASSES 8-0. CULTURAL ARTS COMMISSION MEMBER, INTERIM MEMBER AND CHAIR? >> [ INAUDIBLE - NO MIC ] RITA COSGROVE AND PETER WINN AS MEMBERS, PETER WINN BEING THE INTERIM APPOINTMENT, AND THE CHAIR OF THE CULTURAL ARTS COMMISSION, FABIAN GORDON. >> Ricciardelli: SECOND. >> Mayor Muns: THANK YOU. I HAVE A MOTION AND A SECOND FOR COMMUNITY RELATIONS COMMISSION -- NO, EXCUSE ME, CULTURAL ARTS COMMISSION. ALL IN FAVOR? MOTION PASSES 8-0. LIBRARY ADVISORY BOARD CHAIR. >> Ricciardelli: COUNCILMEMBER WILLIAMS AND I HAVE CONFERRED WE WOULD LIKE TO REAPPOINT ADAM GRIFFITH AS THE CHAIR OF THE LIBRARY BOARD. >> SECOND. >> Mayor Muns: HAVE A MOTION FOR -- AND A SECOND FOR LIBRARY ADVISORY BOARD, ALL IN FAVOR? MOTION PASSES 8-0. PLANO HOUSING AUTHORITY. LIKE TO APPOINT JAMES DUGGAN. AND RON JOHNSON. TO THE PNO HOUSING AUTHORITY BOARD. >> SECOND THAT MOTION. >> Mayor Muns: THANK YOU. I HAVE A MOTION AND SECOND FOR THE PLANO HOUSING AUTHORITY. ALL IN FAVOR? MOTION PASSES 8-0. [ INDISTINCT CHATTER ] PARKS AND REC, SORRY. PARKS AND REC, PLANNING BOARD, MEMBERS AND CHAIR. >> MAYOR. COUNCILMAN RICCIARDELLI AND I SPOKE. WE CURRENTLY HAVE NEARLY 50 APPLICANTS FOR THE PARKS AND RECREATION, SO FAR WE'RE ABLE TO AGREE ON BOB KERR BEING APPOINTED. WE HAVE NOT MADE A DETERMINATION WITH REGARD TO CHAIR AS WELL AS TWO OTHER APPOINTMENTS, SO WE WOULD LIKE TO AT THIS TIME MAKE A MOTION TO APPOINT BOB KERR, AND THEN TO HAVE THE OTHER THREE APPOINTMENTS TABLED UNTIL THE NEXT MEETING. >> Mayor Muns: OKAY, ALL RIGHT. >> Ricciardelli: SECOND, AND WELL SAID. >> Mayor Muns: SO MOTION AND A SECOND TO APPOINT BOB KERR TO PARKS AND REC. L IN FAVOR? MOTION PASSES. RETIREMENT SECURITY PLAN COMMITTEE? >> MAYOR AND COUNCIL I RECOMMEND APPOINTMENT OF SUSAN OMEN TO THE RETIREMENT SECURITY PLANNING COMMITTEE AND TO CONTINUE WITH KAREN RHODES-WHITLEY AS THE CHAIR. >> Mayor Muns: THANK YOU. >> MOTION TO APPOINT SUSAN OMEN AND KAREN RHOADES RHODES-WHITLEY AS CHAIR. >> Mayor Muns: HAVE A MOTION AND A SECOND TO APPOINT RETIREMENT COMMITTEE MEMBER AND CHAIR. ALL IN FOR. MOTION PASSES. ITEM H. SENIOR ADVISORY BOARD? >> MR. MAYOR, WE ARE GOING TO APPOINT AND REAPPOINT CAROLE AS THE CHAIR AND APPOINT TO THE BOARD AS A MOTION GRACE CHEVAS, DEBORAH WEINER, AND PATRICIA YANDEL. >> Mayor Muns: WELL DONE. >> AND THAT IS GREAT. I SECOND. >> Mayor Muns: MOTION AND SECOND TO APPROVE SENIOR ADVISORY BOARD MEMBERS AND CHAIR. ALL IN FAVOR? MOTION PASSES. 8-0. TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER TWO AND NUMBER THREE BOARDS, CHAIR. >> I MAKE A MOTION TO REAPPOINT CORY RINECKER AS A CHAIR. >> Mayor Muns: A MOTION AND SECOND TO APPOINT THE TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER TWO AND THREE CHAIR. ALL IN FAVOR? THANK YOU. MOTION PASSES 8-0. AND THE TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER 4 BOARD, MEMBERS AND CHAIR? >> MAYOR, MAYOR PRO TEM PRINCE AND I WOULD LIKE TO APPOINT KATHRYN CASAVAN TERKZ AND NATHANHILL AND REAPPOINT STALL AS CHAIR. >> THANK YOU. >> Mayor Muns: I HAVE A MOTION AND A SECOND TO APPROVE TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER FOUR BOARD MEMBERS AND CHAIR. THANK YOU, MOTION PASSES 8-0. THANK YOU. OUR NEXT ITEM IS A SHORT-TERM RENTAL PRESENTATION MARK? >> MAYOR AND COUNCIL, WE HAVE RICHARD ABERNATHY, WITH A CONSULTING ATTORNEY THAT WILL BE MAKING THE PRESENTATION ON BEHALF OF THE CITY. >> GOOD EVENING, MAYOR, AND CITY COUNCIL MEMBERS, MY NAME IS RICHARD ABERNATHY, TO MY RIGHT IS RYAN PITTMAN. WE'VE BEEN ASKED TO PROVIDE YOU WITH AN UPDATE ON WHAT WE BELIEVE TO BE THE LAW FOR SHORT-TERM RENTALS. THE OBSERVATION THAT WE HAVE GLEANED FROM TALKING WITH YOUR CITY ATTORNEY WHO HAS BEEN K WE'RE GOING TO SHOW A SLIDE SHOW THAT WAS I THINK PUT TOGETHER PRIMARILY BY -- YOU ARE GOING TO PUT ME IN CHARGE OF THIS. OKAY. THIS COULD BE INTERESTING. SO ASK US TO PUT TOGETHER -- THEY PUT TOGETHER THIS PROGRAM. WE'VE LOOKED AT IT. WE AGREE WITH IT. AND WE WANTED TO BRING IT TO YOU TONIGHT WHAT WE BELIEVE IS THE STATUS OF THE LAW TO ASSIST YOU, AND THE OTHER THINGS YOU'RE PUTTING IN THE POT TO DECIDE WHAT TO DO ABOUT SHORT-TERM RENTALS. ON A 10,000 FOOT LEVEL, IT APPEARS TO ME THAT IN THIS CITY, LIKE MANY OTHER CITIES, THERE ARE A NUMBER OF DIFFERENT OPINIONS, SO ON THE ONE HAND, YOU HAVE OWNERS OF SHORT-TERM RENTALS WHO BELIEVE LEGALLY THAT THEY'RE ENTITLED PURSUANT TO STATUTE AND CONSTITUTION TO HAVE LITTLE OR NO RESTRICTIONS ON SHORT-TERM RENTALS. ON THE OTHER HAND, YOU HAVE CITIZENS AT VARIOUS LEVEL, SOME MAYBE DON'T CARE,OME WON'T, AND SOME WANT A LOT OF REGULATION AND SOME REGULATION. SANDWICHED BETWEEN THESE THESE TWO VIEWPOINTS IS THE CITY COUNCIL WHO IS BEING ASKED TO DO SOMETHING ABOUT IT. I MAKE THAT COMMENT AS YOU INDICATE A MOMENT AGO, I GUESS YOU'RE GOING TO BE MAKING SOME DECISION, ONE OF THE OVERRIDING THINGS ABOUT THIS DECISION IS IN SOME THE LAW IS IN FLUX. THERE ARE SOME THINGS THAT ARE BECOMING REASONABLY WELL ESTABLISHED. THERE ARE SOME THAT ARE IN -- MAY OR MAY NOT OCCUR, AND THERERE SOME THAT AT LEAST FOR NOW OR PRETTY WELL SETTLED THAT YOU CAN'T DO. SO TONIGHT I'M GOING TO TRY TO SHARE WITH YOU THAT. WE'RE GOING TO DO IT IN TWO, MAYBE THREE SHORT REPORTS. I'M GOING TO GIVE YOU AN OVERVIEW. RYAN IS GOING TO STAND UP AND GIVE YOU THE LAW, AND THEN I MAY RETURN, IF I THINK IT'S HELPFUL TO GIVE SOME KIND OF SUMMARY. IF I DON'T NEED TO, THEN I'M NOT GOING TO COME BACK UP AND TAKE ANY MORE OF YOUR TIME. SO LET'S START. WHAT ARE SHORT-TERM RENTALS? IT'S A LEASE OF RESIDENTIAL PROPERTY F A PERIOD OF LESS THAN 30 DAYS. OVERALL, BEFORE I GIVE YOU THESE THREE POINTS, I WANT TO MAKE A COMMENT. AS I JUST INDICATED, THERE ARE SOME ACTIONS THAT I THINK ARE REASONABLY WELL ESTABLISHED AND THAT YOU CAN TAKE. WE'RE GOING TO SET THESE OUT IN RED, YELLOW AND GREEN, KIND OF LIKE A STOP SIGN. THE GREEN SAYS YOU CAN PROBABLY DO IT. THE SECOND LEVEL OF CASES WE'RE GOING TO TALK ABOUT AND THE ACTIONS YOU CAN TAKE, SOME ARE SIMPLY NOT AUTHORIZED AT ALL. THAT WOULD BE YOUR RED. AND FINALLY, THERE WILL BE SOME THAT MAY BE YOU WILL BE ABLE TO DO SOME ON LEVEL, BUT AT THIS POINT, THEY'RE EITHER IN LITIGATION OR THE OUTCOME IS UNKNOWN. WHAT WE DO KNOW, THOUGH, IS THAT THE TEXAS COURTS HAVE CONSISTENTLY REJECTED CLAIMS THAT SDRS ARE COMMERCIAL USE, COMMERCIAL USE IN RESIDENTIAL AREA, YOU CLEARLY COULD BAN THAT. AT LEAST ONE COURT DECISION NOTED THAT THE OUTCOME IN CERTAIN CIRCUMSTANCES INVOLVING HOAs COULD BE DIFFERENT IF THERE WERE SPECIFI LANGUAGE TO THE CONTRARY IN HOA DEED COVENANTS, RYAN IS GOING TO GO OVER THOSE CASES WITH YOU AND GIVE YOU SOME UPDATE ON THAT. FINALLY, IT APPEARS FROM MY PERSPECTIVE THAT THE ATTORNEY GENERAL HAS CONSISTENTLY SIDED WITH STR OWNERS AGAINST CITIES IN THIS LITIGATION, AND THEY HAVE INTERVENED IN SEVERAL CASES, WHICH RYAN WILL BRING TO YOU LATER. SO WHAT TYPES OF CONCERNS ARE CITIZENS BRINGING TO YOU? AND BASED ON OUR CONVERSATIONS WITH THE CITY ATTORNEY'S OFFICE, NOISE, LATE NIGHTS, NUISANCE-TYPE THINGS ARE BEING BROUGHT UP. THERE'S A LOT OF TRANSIT STRANGERS BEING COMPLAINED ABOUT, CONCERN ABOUT REDUCTION IN PROPERTY VALUES, AN INCREASE IN CRIME. AN INCREASE IN TRAFFIC. PARKING CONGESTION. MANY OF THE CITIZENS CONTEND THAT THIS IS A COMMERCIAL BUSINESS IN A RESIDENTIAL THEY'RE CONCERNED ABOUT THE FLAVOR AND THE INTEGRITY OF THE NEIGHBORHOOD OR THE NEIGHBORS THAT ARE IN -- THAT ARE LIVING NEXT TO STRs AND ULTIMATELY THAT AFFECTS THE QUALITY OF LIFE. THOSE ARE THE KIND OF CONCERNS THAT HAVE BEEN RAISED BY CITIZENS. THERE MAY BE OTHERS . SO STARTING WITH THE GREEN. WHAT TYPE OF REGULATIONS HAVE BEEN CONSIDERED LEGALLY DEFENSIBLE. THE FIRST IS REGISTRATION AND LICENSING. YOU CAN REQUIRE CONDITIONS SUCH AS SAFETY GUIDELINES, ESTABLISH A POINT OF CONTACT. THIS AVOIDS CREATING SPECIAL RULES -- YOU GOT TO AVOID CREATING SPECIAL RULES THAT ONLY APPLY TO STRs. YOU NEED TO APPLY THEM TO EVERYONE. FOR EXAMPLE, A LICENSING REGULATION CAN'T BE USED TO REVOKE A LICENSE FOR A SINGLE NOISE COMPLAINT OR IMPLEMENT UNCONSTITUTIONAL CONDITIONS FOR ISSUANCE. BUT BECAUSE YOU HAVE NUISANCE AND NOISE REGULATIONS, THEY CERTAINLY WOULD BE APPLICABL TO STRs. IN THE FIFTH CIRCUIT IN FEDERAL COURTS WHICH OVERSEES AND CONTROLS TEXAS LAW HAS HELD THERE IS NO PROPERTY RIGHT IN A LICENSE RENEWABLE, DISTINGUISHING FROM PROPERTY RIGHTS IN A HOME OR LAND. REGISTRATION THAT REGISTRATION COULD BE SUBJECT TO CERTAIN REQUIREMENTS TO COMPLY WITH VARIOUS ORDINANCES& SUCH AS YOUR NUISANCE ORDINANCE AND NOISE ORDINANCE AND IF THERE ARE VIOLATIONS POTENTIALLY YOU WOULD BE ABLE TO AVOIDEISSNG A CITATION. ANY FINE MUST BE REASONABLE AD NON-EXCESSIVE BUT YOU CAN CHARGE ONE. NOW WE'RE GOING TO MOVE FROM GREEN TO YELLOW. THAT IS IT'S NOT ABSOLUTELY CLEAR YET, AT LEAST FROM MY PERSPECTIVE, OF WHETHER YOU CAN DO THESE WITHOUT SIGNIFICANT LEGAL RISK. ZONING IS ONE WAY THAT YOU MAY BE ABLE TO EFFECT SHORT-TERM RENTALS BUT THE CASES THAT ARE COMING UP, THE ONES THAT ARE HAVING THE MOST TRACTIN ARE THE ONES THAT GO THROUGH THE STANDARD ZONING PROCESS. FOR EXAMPLE, IT'S FILED WITH THE CITY. IT'S REVIEWED BY P&Z. IT'S VOTED ON. PEOPLE HAVE THE RIGHT TO COME AND MAKE THEIR COMMENTS AND OPINIONS ABOUT IT. THEY HAVE PUBLIC HEARINGS AND THEN IT GOES TO THE CITY COUNCIL AND YOU GO THROUGH THE SAME PROCESS, LIKE A TRADITIONAL ZONING CASE. AND THEN IF A STR USE EXISTS IN AN AREA THAT LATER BECOMES RESTRICTED THROUGH ZONING, THE PREEXISTING USE SHOULD BE ALLOWED TO CONTINUE TO OPERATE EVEN AFTER THE RESTRICTION IS IMPLEMENTED. IT'S KNOWN AS GRANDFATHERING OR NON-CONFORMING USE. THESE REGULATIONS ARE CURRENTLY BEING CONTESTED BY OWNERS OF STRs UNDER CONSTITUTIONAL CLAIMS, AND THAT'S BEEN A PRIMARY FOCUS OF OWNERS OF STRs IS CONSTITUTIONAL CLAIMS SUCH AS TAKINGS, RETROACTIVITY CLAIMS, AND DUE PROCESS CLAIMS, AS WELL AS EQUAL PROTECTION CLAIMS. THE CITY -- THIS IS AN AREA WHERE YOU CAN REGULATE. THE CITY HAS NUISANCE ORDINANCES SUCH AS NOISE, OCCUPANCY LIMITATIONS, PARKING CRIME TRASH LIMITATIONS. YOU CAN APPLY THOSE BUT YOU CAN'T JUST FOCUS IT ON STRs. YOU NEED TO APPLY THE ORDINANCE AS IT'S WRITTEN. IT'S APPLICABLE TO THE ENTIRE CITY FOR ANY CIRCUMSTANCES IN WHICH A NUISANCE IS CREATED OR THERE'S A VIOLENCE OF E ORDINANCE. COURTS HAVE FOUND THAT IS THE- ORDINANCES THAT RESTRICT ASSEMBLY RIGHTS SUCH AS GROUPS GATHERING ON PROPERTIES OF STRs ARE UNCONSTITUTIONAL UNDER THE FIRST AMENDMENT. THE COURTS HAVE FOUND NO COMPELLING INTEREST TO REGULATE STRs DIFFERENTLY WHEN DATA DOES NOT REFLECT A DISPROPORTIONATE ISSUE WITH THE STR USE. IT'S ON THE SAME LEVEL PLAYING FIELD AS EVERY OTHER ISSUE THAT MIGHT COME UP UNDER A NOISE OR NUISANCE ORDINANCE OR WHATEVER. SO FAR THERE HAVE BEEN REGULATIONS ATTEMPTED BY CITIES, OTHER CITIES THAT HAVE NOT BEEN SUCCESSFUL. AND THUS FROM OUR PERSPECTIVE& AT THIS POINT WE THINK THE LAW IS THAT YOU SHOULD NOT BE DOING THESE OR YOU'RE DOING THEM AT A VERY HIGH RISK. OBVIOUSLY COURTS OF APPEALS MAKE MISTAKES. YOU CAN TAKE THEM UP TO THE TEXAS SUPREME COURT AND LITIGATE THAT AND MAYBE YOU'LL TURN IT AROUND AND MAYBE YOU WON'T. BUT CURRENTLY HERE'S SORT OF WHAT'S GOING ON WITH REGULATIONS THAT HAVE BEEN ATTEMPTED BY OTHER CITIES THAT HAVE NOT BEEN SUCCESSFUL. RYAN'S GOING TO GO OVER THE FACTS OF THESE CASES SO I'M JUST GOING TO HIGHLIGHT WHAT THE POINTS ARE. ONE IS RESTRICTING ASSEMBLY AT STR PROPERTIES. FOR EXAMPLE, ONLY A CERTAIN NUMBER OF PEOPLE CAN ATTEND. OCCUPANCY LIMITATIONS IS STRICTER FOR STRs THAN OTHER RESIDENTIAL USES HAVE BEEN ROUTINELY BEEN STRUCK DOWN. RESTRICTIONS ON GATHERINGS ARE BEING STRUCK DOWN. YOU'RE SEEING THE TREND HERE. YOU'RE DISCRIMINATING AGAINST AN STR. YOU ARE TREATING IT DIFFERENTLY THAN OTHER USES. YOU'RE RUNNING INTO SOME PROBLEMS. THAT'S THE CITY OF AUSTIN CASE, WHICH RYAN IS GOING TO SPEAK ABOUT. CITYWIDE BANS OF STRs, AT LEAST IN THE GRAPEVINE CASE, HAVE BEEN HELD TO BE UNENFORCEABLE. FINALLY, SUNSET OR PHASING OUT STRs OVER TIME, WHICH WAS AN EFFORT BY THE CITY OF AUSTIN, WAS NOT SUCCESSFUL. JUST RECENTLY LAST MONTH -- I GUESS IT WAS IN AUGUST, NOT LAST MONTH. IN AUGUST THE FIFTH CIRCUIT IN TEXAS SAID THAT OWNER OCCUPANCY RESIDENCY HOMESTEAD REQUIREMENTS FOR STRs ARE NOT ALLOWED. SO IN THAT CASE THE CITY OF NEW ORLEANS HAD PASSED AN ORDINANCE THAT REQUIRED THAT STRs COULD ONLY BE ALLOWED UNDER OWNER-OCCUPIED RESIDENCES. THE COURT SAID -- THE FIFTH CIRCUIT SAID THAT'S NOT ALLOWED. NOW, THACOULD BE OVERTURNED BY THE U.S. SUPREME COURT BUT RIGHT NOW THAT'S THE LAW OF THE LAND IN THE STATE OF TEXAS. RELYING UPON CURRENT ZONING DEFINITIONS TO PROHIBIT SHORT-TERM RENTALS OR STATING THAT SHORT-TERM RENTALS USE IS PROHIBITED BY ZONING BECAUSE IT'S NOT AN ALLOWED LAND USE IS ALSO NOT GATHERING MUCH STEAM. WHAT WE MEAN BY THIS IS YOU TAKE AN EXISTING -- SO STRs WERE NOT CONSIDERED, WERE NOT IN YOUR MINDS WHEN YOU PASSED YOUR ZONING ORDINANCE. THEN YOU TAKE AN EXISTING DEFINITION REGARDING LAND USES IN YOUR ZONING ORDINANCE AND YOU WANT TO APPLY IT TO AN STR. WELL, THAT'S BEEN TRIED SEVERAL TIMES. THE CITY OF GRAPEVINE CASE IS AN EXAMPLE THAT RYAN WILL GO OVER BUT IN THE CASES WE HAVE SEEN SO FAR THOSE HAVE NOT BEEN SUCCESSFUL. SO I'M GOING TO TURN THIS OVER TO RYAN NOW AND ALLOW HIM TO GIVE YOU MORE DETAIL BASED UPON THESE CASES. >> GOOD EVENING, MAYOR AND COUNCIL. THANK YOU FOR HAVING US. RYAN PITTMAN ON BEHALF OF ABERNATHY. I'M GOING TO PROVIDE SOME ADDITIONAL DETAIL ON THE FACTS OF THE CASES THAT RICHARD TOUCHED ON PREVIOUSLY AND PROVIDE SOME ADDITIONAL CONTEXT TO YOU SO YOU UNDERSTAND THE CONTEXT IN WHICH THOSE CASES WERE DECIDED. >> Mayor Muns: RYAN, I JUST WANT TO MAKE IT CLEAR -- [ LAUGHTER ] >> Mayor Muns: THE PERSON IN THIS LITIGATION IS NOT ME. [LAUGHTER] >> YES, SIR. YES SIR. >> Mayor Muns: IT'S A VERY RARE NAME AND OBVIOUSLY IT HAS TO COME UP IN THE STR. SO ANYWAY... >> YOU'RE ABSOLUTELY RIGHT. I CAN CONFIRM THAT, MAYOR. YOU WERE NOT A LITIGANT IN THAT CASE. THE PEOPLE WHO WERE LITIGATED IN THAT CASE ARE A VARIETY OF GROUP OF STR OWNERS AND OPERATORS WHO BROUGHT A CHALLENGE AGAINST THE CITY. THIS CASE WAS CITED BY THE FORT WORTH COURT OF APPEALS. IT IS IMPORTANT TO NOTE THAT THE FORT WORTH COURT OF APPEALS IS NOT -- DOES NOT HAVE JURISDICTION OVER PLANO. SO IT WOULD NOT BE A BINDING PRECEDENT ON THE CITY OF PLANO. THE DALLAS COURT OF APPEALS IS THE COURT OF APPEALS THAT DOES HAVE JURISDICTION OVER PLANO. BUT MANY COURTS OF APPEALS IN TEXAS LOOK TO OTHER SISTER COURTS AND THEIR DECISIONS AS BEING PERSUASIVE AUTHORITY, SO THAT WOULD BE IMPORTANT TO POINT OUT. SO IN DECEMBER 2021 THE FORT WORTH COURT OF APPEALS DECIDED THIS CASE. THE FACTS WERE AS FOLLOWS: THE CITY ADOPTED AN ORDINANCE IN 2018 TTOUGHTO REAFFIRM THE CITY'S POSITION THAT STRs WERE ADDRESSED IN THE EXISTING 1982 ADOPTED ZONING ORDINANCE AND IN FACT WERE PROHIBITED UNDER THAT ORDINANCE. THE CITY'S POSITION WAS THAT BECAUSE THE ZONING ORDINANCE DID NOT LIST STRs AS A PERMITTED USE UNDER THE USE CHART OF THE ZONING ORDINANCE THAT ORIGINALLY WAS ADOPTED IN 1982, THAT MEANT THAT STRs, AS A USE, WERE PROHIBITED ACROSS THE BOARD THROUGHOUT THE ENTIRE CITY. THAT 2018 ORDINANCE REAFFIRMED THAT POSITION OR THAT WAS THE CITY'S GOAL. THE COURT POINTED OUT THAT CUTTING AGAINST THE CITY'S POSITION THAT STR USES WERE PROHIBITED ACROSS THE BOARD SINCE 1982 WHERE THE FACTS THAT THE PLAINTIFFS IN THE CASE HAD OPERATED STRs FOR SEVERAL YEARS WITHOUTUTUTUTUTUTT STAFF HAD SAID THAT THE CITY HAD NO REGULATIONS ON STRs AND THAT THE CITY HAD ACCEPTED STR HOTEL OCCUPANCY TAXES DURING THE TIME IN WHICH THIS -- PRIOR TO THE 2018 ORDINANCE BEING ADOPTED. AFTER THE 2018 ORDINANCE WAS ADOPTED, THE CITY HAD SENT LETTERS TO ALL STR OWNERS AND THE CITY ADVISING THEM OF THE ADOPTION OF THAT ORDINANCE AND THE CITY'S POSITION AND GRANTING A 45-DAY GRACE PERIOD IN WHICH THEY MUST CEASE OPERATIONS. THAT PROMPTED THE STR OWNERS TO SUE THE CITY ALLEGING MULTIPLE CONSTITUTIONAL VIOLATIONS UNDER A VARIETY OF THEORIES INCLUDING THAT THE ORDINANCE VIOLATED SUBSTANTIVE DUE COURSE OF LAW UNDER THE TEXAS CONSTITUTION. WAS PREEMPTED UNDER OTHER TEXAS STATE STATUTES. WAS UNCONSTITUTIONALLY RETROACTIVE. THE PLAINTIFFS ALSO SOUGHT MONETARY DAMAGES FOR REGULATORY TAKING AND INJUNCTIVE RELIEF. THE COURT IN THE CASE DISAGREED WITH THE CITY'S POSITION, DENIED THE CITY'S PLEA OF THE JURISDICTION AND REQUEST FOR SUMMARY JUDGMENT. FOUND THAT THE CITY ZONING ORDINANCE'S DEFINITION FOR SINGLE-FAMILY DETACHED DWELLINGS DID NOT PROHIBIT STRs AND FOUND THAT STRs WERE A PERMITTED USE UNDER THE CITY'S ZONING ORDINANCE. IT NOTED THAT THE PRIVATE PROPERTY OWNERSHIP AND THE PRIVATE PROPERTY RIGHTS OF THE PLAINTIFF WERE A FUNDAMENTAL RIGHT. THAT THE HOMEOWNERS HAD A FUNDAMENTAL LEASING RIGHT AS PROPERTY OWNERS. THAT IS ONE OF A NUMBER OF RIGHTS THAT PROPERTY OWNERS ENJOY AND THAT WAS WHAT THE COURT HAD FOUND. HOWEVER, THE COURT DIDAY, POINTED OUT THAT THE HOLDING OF THE COURT WAS NOT THAT THERE WAS NECESSARILY A FUNDAMENTAL RIGHT TO OPERATE STRs AND DEFERRED A DECISION ON THAT TO LATER PROCEEDINGS IN THE CASE. COURT OF APPEALS WAS REVIEWING THE TRIAL COURT'S DECISION ON A PLEA TO THE JURISDICTION AND A MOTION FOR SUMMARY JUDGMENT, WHICH ARE NOT TRIALS ON THE MERITS. AND SO THE COURT DEFERRED A DECISION ON WHETHER THERE IS A FUNDAMENTAL RIGHT TO OPERATE AN STR TO A LATER TIME. THE COURT FOUND ALSO THAT THE HOMEOWNERS PRESENTED SUFFICIENT EVIDENCE OF CONSTITUTIONAL REGULATORY TAKINGINGS CLAIMS AGAINST THE CITY, WHICH COULD POTENTIALLY LEAD TO A MONETARY AWARD AGAINST THE CITY AND IN FAVOR OF THE HOMEOWNERS AND THE OPERATORS OF THE STRs. THE COURT ALSO SAID THAT THE HOMEOWNERS PLED A VALID CLAIM AGAINST THE CITY THAT THE ORDINANCE WAS UNCONSTITUTIONALLY RETROACTIVE. SO THAT 2018 ORDINANCE DID NOT ALLOW FOR GRANDFATHERING OF THOSE PRESENTLY-OPERATING STRs IN THE CITY, AND THE COURT FOUND THAT THAT WAS IMPROPER. THERE WAS AN APPEAL TO THE SUPREME COURT OF TEXAS AND AT THIS POINT THE PARTIES HAVE FILED BRIEFS, BOTH ON THE MERITS AND FOR A PETITION FOR REVIEW. THE COURT HAS NOT YET DECIDED THE PETITION FOR REVIEW AND SO WE DON'T KNOW TODAY WHETHER THE SUPREME COURT WILL REVIEW THAT CASE OR NOT. JUST ANECDOTALLY, ABOUT ONE OUT OF EVERY THREE CASES THAT GET BROUGHT TO THE SUPREME COURT OF TEXAS WHERE THE PARTIES ARE SEEKING A PETITION FOR REVIEW ARE IN FACT GRANTED BY THE COURT AND SO THOSE THAT ARE NOT GRANTED DON'T GET HURT BY THE COURT. SO OF COURSE IF THE CITY LOSES EITHER AT THE SUPREME COURT OF TEXAS STAGE OR IF THE SUPREME COURT DOES NOT AGREE TO HEAR IT, THE CASE WILL GO BACK TO THE DISTRICT COURT FOR A TRIAL ON THE MERITS. THE NEXT CASE I'D LIKE TO TALK ABOUT IS ONE THAT RICHARD DID TOUCH ON, AND THAT IS THE CASE OUT OF THE FIFTH CIRCUIT DECIDED IN AUGUST OF 2022 A COUPLE OF MONTHS AGO. AND ALTHOUGH THAT DID INVOLVE THE CITY OF NEW ORLEANS ORDINANCE, IT IS AN OPINION FROM THE FIFTH CIRCUIT, WHICH HAS RICHARD NOTED, HAS JURISDICTION OVER TEXAS AND SO THIS WOULD BE BINDING PRECEDENT ON THE CITY OF PLANO, UNLIKE THE FORT WORTH COURT OF APPEALS DECISION THAT WE JUST SPOKE ABOUT. BEFORE 2016 IN NEW ORLEANS, THE CITY HAD PROHIBITED OWNERS INESIDENTIAL NGHBOOODS FROM RENTR LESS THAN 30 DAYS. BUT AS STRs BEGAN TO EXPLODE IN THE CITY AND THERE WERE CALLS ON THE CITY COUNCIL TO ADOPT ADDITIONAL REGULATIONS IN 2016, THE CITY OF NEW ORLEANS IMPLEMENTED A LICENSING SCHEME. A PROGRAM TO GRANT LICENSES TO STR OPERATORS AND OWNERS. IN 2019, HAVING DETERMINED THAT THAT LICENSING SCHEME DID NOT GO FAR ENOUGH, THE CITY OF ADOPTED AN ADDITIONLNCIL- REQUIREMENT FOR STRs THAT THOSE THAT EXISTED IN RESIDENTIAL NEIGHBORHOODS MUST BE OWNER OCCUPIED. IN OTHER WORDS, THAT THE OPERATOR OR THE OWNER OF THE STR IN RESIDENTIAL AREAS OF THE CITY MUST RESIDE AS THEIR PRIMARY RESIDENCE AT THE STR AND THE WAY THAT THE CITY WOULD DETERMINE THAT IS TO DETERMINE WHETHER IN FACT THE OWNERS HAD LISTED THE STR AS THEIR HOMESTEAD PROPERTY FOR TAX PURPOSES. AND, IF SO, THEY ULD CONTINUE OPERATING THE STR IF THEY DID NOT LIST THEIR PROPERTY AS THEIR HOMESTEAD PROPERTY FOR TAX PURPOSES AND THEREFORE IT WAS NOT THEIR PRIMARY RESIDENCE, THEN THEY WOULD PROHIBIT THOSE FROM BEING USED IN RESIDENTIAL AREAS. THEY ALSO -- THE CITY ALSO ADOPTED SOME ADVERTISING RESTRICTIONS, WHICH INCLUDED A PROHIBITION ON ADVERTISING FOR ILLEGAL STRs, THOSE WITHOUT LICENSE TO OPERATE AND ADS FOR LEGAL STRs WITH GREATER CAPACITIES THAN LICENSED FOR UNDER THE CITY'S PROGRAM. THE STR OWNERS SUED THE CITY ALLEGING CONSTITUTIONAL INFRINGEMENT INCLUDING TAKINGS, ARGUING THAT THE REGULATIONS ON OWNER-OCCUPIED STRs IN RESIDENTIAL AREAS DISCRIMINATE AGAINST INTERSTATE COMMERCE, WHICH HAD THE EFFECT OF PROHIBITING OUT OF STATE OR OUT OF CITY OWNERS FROM OPERATING STRs IN THOSE AREAS , AND THEY ALSO ARGUED THAT IT VIOLATED THE -- THE ADVERTISING REGULATIONS VIOLATED THE FIRST AMENDMENT TO THE U.S. CONSTITUTION. IN THE CASE, THE COURT DECIDED ON A SUMMARY JUDGMENT BASIS THAT THE RESIDENC REQUIREMENT FOR THE OWNER-OCCUPIED STRs WAS UNLAWFUL AND VIOLATED THE DORMANT COMMERCE CLAUSE OF THE U.S. CONSTITUTION. A KEY PART OF THE COURT'S HOLDING WAS THE FINDING THAT THERE WERE OTHER REASONABLE NON-DISCRIMINATORY ALTERNATIVES AVAILABLE TO THE CITY FOR REGULATING THE CONDUCT AND THE BEHAVIOR THAT E CI COUNCIL'S ORDINANCE HAD SOUGHT TO PROHIBIT OR TO REGULATE. THE COURT RULED THAT STR OWNER OPERATOR REQUIREMENT TO LIVE IN THE STATE WAS UNCONSTITUTIONAL, AS I MENTIONED, IT VIOLATED INTERSTATE COMMERCE, AND THAT THE CITY -- THE OWNERS OF THE STRs DID NOT HAVE A PROPERTY RIGHTS IN LICENSE RENEWALS, WHICH IS DISTINGUISHABLE FROM PROPERTY RIGHTS IN THE HOME AND LAND. IN THE GRAPEVINE CASE THE COURT DID SAY THERE WAS A FUNDAMENTAL RIGHT TO LEASE ONE'S PROPERTY. IN THIS CASE, THE COURT MADE THE POINT THAT THERE IS NOT A FUNDAMENTAL RIGHT OR A SETTLED RIGHT TO A RENEWAL OF A LICENSE UNDER THE LICENSING SCHEME, WHICH I THINK IS IMPORTANT TO UNDERSTAND THAT, AS RICHARD MENTIONED EARLIER, THERE COULD BE A PATH FOR DECIDING TO ADOPT A REGULATION THAT WOULD GRANT A LICENSE OR PERMIT AND THEN SHOULD THERE BE A PROBLEM WITH THAT STR AFTER THAT PERMIT OR LICENSE HAS BEEN GRANTED, THERE COULD BE A POSSIBILITY THAT THE CITY COULD REFUSE TO GRANT ANOTHER PERMIT OR LICENSE OR IN FACT REVOKE THAT PERMIT OR LICENSE. AND THIS RULING FROM THE FIFTH CIRCUIT IS IMPORTANT TO POINT THAT OUT. AND THE NOTE THERE THAT OF COURSE THIS IS A BINDING PRECEDENT ON THE CITY OF PLANO BECAUSE THE FIFTH CIRCUIT DOES HAVE JURISDICTION OVER OUR AREA AND OF COURSE THAT COULD CHANGE IF THE U.S. SUPREME COURT STEPS IN HERE. WE DON'T KNOW YET WHETHER THERE WILL BE AN APPEAL TO THE U.S. SUPREME COURT IN THIS CASE. THE NEXT CASE I'D LIKE TO TOUCH ON IS THE CITY OF AUSTIN CASE REFERENCED EARLIER. THAT'S THE ZAATARI V. CITY OF AUSTIN IN 2019. IT WOULD LIKELY BE SEEN AS PERSUASIVE AUTHORITY. SO IN 2012 THE CITY OF AUSTIN ADOPTED AN STR REGISTRATION ORDINANCE. IN 2016, AFTER ENGAGING IN SEVERAL YEARS OF STUDIES AND HEARINGS ON STRs, THE CITY OF AUSTIN CITY COUNCIL ADOPTED AN STR -- A MORE FLESHED OUT AND COMPREHENSIVE STR ORDINANCE. ONE OF THE REGULATIONS WITHIN THAT ORDINANCE WAS AN IMMEDIATE SUSPENSION OF LICENSES FOR WHAT THEY TERMED AS TYPE 2 STRs. TYPE 2 STRs UNDER THE CITY OF AUSTIN'S ORDINANCE WAS DEFINED AS THOSE THAT WERE NOT OWNER OCCUPIED, SIMILAR TO WHAT YOU SAW IN THE NEW ORLEANS CASE. TYPE 1 WAS THOSE THAT WERE OWNER OCCUPIED STRs AND TYPE 3 WERE THOSE THAT WERE IN MULTIFAMILY AREAS OR STRUCTURES. TYPE 2 IS THE -- WAS THE TYPE OF STR LICENSES OR PERMITS THAT THIS COURT DECIDED IN THE CONTEXT OF THIS CASE. PART OF THAT REGULATION ALSO SAID THAT THERE WOULD BE AN EVENTUAL PHASE OUT ACROSS THE CITY FOR ALL NON-OWNER OCCUPIED STRs BY 2022. THOSE IN TYPE 2 UNDER THE AUSTIN ORDINANCE, THIS ALSO COULD BE REFERRED TO AS A SUNSET OF NON-OWNER OCCUPIED STRs ACROSS THE CITY. THE COURT DECIDED -- EXCUSE ME. GOING BACK INTO SOME MORE OF THE REGULATIONS THAT THE CITY OF AUSTIN IMPOSED AS PART OF ITS MORE COMPREHENSIVE ORDINANCE WAS A BAN AGAINST ALL ASSEMBLIES AFTER 10:00 P.M. SO THERE WAS A PERIOD FROM 10:00 P.M. TO 7:00 A.M. IN WHICH THE ORDINANCEAND ASSEMBLIES ON THOSE PRIVATE PROPERTY AREAS. THEY BANNED OUTDOOR ASSEMBLIES OF MORE THAN SIX ADULTS AT ANY TIME, REGARDLESS OF THE TIME OF DAY. PROHIBITED MORE THAN SIX UNRELATED OR TEN RELATED ADULTS FROM USING THE PROPERTY AT ANY TIME, AND IT GAVE THE CITY OFFICIALS AUTHORITY TO ENTER AND EXAMINE STRs TO ENSURE COMPLIANCE WITH CITY CODE. ALL OF THOSE ELEMENT OF THE CITY'S ORDINANCE WERE ATTACKED BY THE PLAINTIFFS IN THIS CASE. THAT THE PLAINTIFFS BROUGHT FOR WHY THEY SHOULD WIN THE CASE, INCLUDING INVASION OF PRIVACY, VIOLATION OF FREEDOM OF ASSEMBLY UNDER THE U.S. CONSTITUTION AND TEXAS CONSTITUTION, WHICH HAS A SIMILAR PROVISION IN IT. DUE COURSE OF LAW, EQUAL PROTECTION, AND SO ON . THE TEXAS ATTORNEY GENERAL'S OFFICE FILED INTERVENTION IN SUPPORT OF THE STR OWNERS IN THAT CASE AND AGAINST THE CITY. THE COURT HELD THAT THE SUNSET ORHE EVENTUAL PROHIBITION AGAINST NON-OWNER OCCUPIED STRs WAS UNCONSTITUTIONALLY RETROACTIVE AND VOID. AND THAT FINDING WAS BASED ON A PROVISION OF THE TEXAS CONSTITUTION ARTICLE I SECTION 16 WHICH PROHIBITS RETROACTIVE LAWS FROM BEING APPLIED IN CERTAIN CASES AND IN THIS CASE THE COURT FOUND THAT THIS ORDINANCE VIOLATED THOSE, THAT RETROACTIVE PROHIBITION. AND THE COURT ALSO HELD THAT THE ASSEMBLY REGULATIONS WERE UNCONSTITUTIONAL AND VOID , RELYING LARGELY ON THE CONSTITUTIONAL PROVISION UNDER THE TEXAS CONSTITUTION FOR THE RIGHT TO ASSEMBLE. SORRY. LET ME CATCH UP HERE. THE COURT IN THE CASE NOTED THAT THE CITY DID NOT HAVE A COMPELLING PUBLIC INTEREST IN OVER OCCUPANCY, DISORDERLY CONDUCT, PUBLIC INTOXICATION, NOISE, PARKING, AND LITTERING THAT WERE SPECIFIC TO STRs. IN OTHER WORDS, THE RECORD BEFORE THE COURT IN THAT CASE DID NOT SHOW TO THE COURT THAT THERE WAS A COMPELLING REASON TO TREAT STRs DIFFERENTLY THAN OTHER SIMILARLY-SITUATED USES. THE COURT FOUND BASED ON ITS REVIEW OF THE RECORD THAT THAT JUST WASN'T SHOWN. THAT THE ISSUES HAVE BEEN -- THERE WAS NOTHING IN THE RECORD TO SHOW THAT THERE HAD BEEN PROBLEMS WITH SPECIFIC STRs IN THE PAST. AND PART OF THE COURT'S FINDING WAS IN FOUR YEARS THE RECORDS SHOWED THAT THERE WERE NO CITATIONS ISSUED TO A LICENSED STR FOR VIOLATING NOISE, TRASH, OR PARKING ORDINANCES, NOT ONE CITATION. THERE WERE SOME NOTICES OF VIOLATION, WHICH IS THE PROCESS YOU WOULD GO FORWARD WITH ON ISSUING A NOTICE BEFORE ACTUALLY CITING SOMEONE AND REQUIRING THEM TO RESPOND. IN MUNICIPAL COURT THERE WERE SEVEN NOTICES OF VIOLATIONS SENT OUT FOR OVER OCCUPANCY. TWO FOR TRASH RECEPTACLE ISSUES, ONE FOR DEBS IN YARD, ZERO FOR NOISE OR PARKING ISSUES. BASED ON THAT RECORD, THE COURT FOUND IT WAS NOT COMPELLING NOW HAVE TO ESTABLISH STR REGULATIONS AS IN THE MANNER THAT THE CITY OF AUSTIN DID. THE COURT ALSO NOTED THAT THERE WAS NOT A DISPROPORTIONATE NUMBER OF COMPLAINTS FROM NEIGHBORS ON STRs. AGAIN, THIS IS BASED ON THE RECORD BEFORE THE COURT IN THIS CASE. THE COURT SAID THAT THE REGULATION DID NOT ADVANCE THE ZONING INTEREST BECAUSE BOTH STRs AND OWNER-OCCUPIED HOMES ARE RESIDENTIAL IN NATURE. AND AGAIN FOUND THE ABILITY TO FUNDAMENTAL RIGHT OF PROPERTY OWNERSHIP, SIMILAR TO WHAT YOU SAW IN THE GRAPEVINE CASE. AND THE ABILITY TO LEASE PROPERTY IS A FUNDAMENTAL RIGHT OF PROPERTY OWNERSHIP AS WELL. THE BAN ON STRs, IN THIS CASE THOSE TYPE 2 STR REGULATIONS, WOULD RESULT IN A LOSS OF INCOME FOR THE PROPERTY OWNERS. AND THAT THE PROPERTY OWNERS HAD A SETTLED INTEREST IN THEIR RIGHT TO LEASE ON A SHORT-TERM BASIS. THE TERMINATION OF THAT SETTLED RIGHT TO LEASE WAS A SIIFICANT IMPAIRMENT TO THE PROPERTY OWNERS' RIGHTS, ACCORDING TO THE COURT. THE PROVISIONS RELATING TO ASSEMBLY RESTRICTIONS OR REGULATIONS WERE FOUND TO BE UNCONSTITUTIONAL BASED ON THAT FUNDAMENTAL RIGHT TO ASSEMBLE. AND THE COURT SAID THAT AUSTIN COULD USE GENERAL MORE BROADLY APPLICABLE NUISANCE REGULATIONS THAT WERE ALREADY IN PLACE IN AUSTIN TO HANDLE ISSUES WITH STRs RATHER THAN ADOPTING REGULATIONS THAT WERE SPECIFIC TO STRs, IN PARTICULAR. AND THAT THE NEGATIVE EFFECTS THAT WERE IDEIFIED WITH THE STRs IN AUSTIN WERE ABLE TO BE DEALT WITH UNDER THE CITY'S EXISTING NUISANCE ORDINANCES. AND THAT THERE WERE LESS INTRUSIVE, MORE REASONABLE MEANS TO ELIMINATE THOSE PROBLEMS THAT THE CITY OF AUSTIN HAD FOUND THERE. THE CITY DID ASK THE SUPREME COURT OF TEXAS TO REVIEW THE CASE. THE COURT DENIED IT AND SO IT'S NOW BACK DOWN TO THE TRIAL COURT. AND SO WE'RE -- THIS WAS AGAIN ON A SUMMARY JUDGMENT AND PLEA TO THE JURISDICTION SO WE DON'T HAVE A FUL TRIAL ON THE MERITS FROM THIS COURT. THIS CASE, LIKE THE OTHERS THAT WE'VE SEEN. SO ALL THESE REGULATIONS OR THESE HOLDINGS OF THE COURTS COULD CHANGE BETWEEN NOW AND WHEN THERE MIGHT BE A TRIAL ON THE MERITS, WHETHER THERE IS A DISPOSITIVE APPEAL FROM A HIGHER COURT. THE NEXT CASE IS THE DRAPER V. CITY OF ARLINGTON COURT CASE THAT WAS DECIDED IN JULY 2021. IN THAT CASE THE CITY OF ARLINGTON SPENT SEVERAL YEARS ON A COMPREHENSIVE DELIBERATIVE PROCESS RELATING TO STR STUDY, INCLUDING THE HIRING OF A CONSULTANT. THEY MAPPED THE DISTRIBUTION OF STRs ACROSS THE CITY USING CENSUS TRACT DATA. THEY GATHERED CITIZEN INPUT THROUGH A NUMBER OF TOWN HALL MEETINGS SURVEYS OPEN HOUSES. AND THEY HAD MULTIPLE COMMITTEE MEETINGS AT THE CITY COUNCIL LEVEL. THE CITY PASSED TWO ORDINANCES IN 2019. ONE, A ZONING AMENDMENT AND ANOTHER A REGISTRATION OR PERMITTING SCHEME. AND IN THIS CASE, ONCE THOSE ORDINANCES WERE ADOPTED, THE PLAINTIFFS SUED AND SOUGHT A TEMPORARY INJUNCTION IN THE TRIAL COURT AND THAT TRIAL COURT DENIED THAT TEMPORARY INJUNCTION AND THAT WAS WHAT WAS BROUGHT UP ON APPEAL TO THE FORT WORTH COURT OF APPEALS. AND SO, AGAIN, THIS IS NOT A CASE WHERE THERE HAS BEEN A TRIAL ON THE MERITS AND THE IMPACT IN THIS CASE IT WAS ONLY AT THE TEMPORARY INJUNCTION STAGE, WHICH IS VERY EARLY ON IN THE COURT PROCEEDINGS. SO WHAT ARLINGTON'S APPROACH TO REGULATING STRs WAS TO CREATE A STR ZONE WITHIN ONE MILE OF THE ENTERTAINMENT DISTRICT. I'M SURE WE'RE ALL FAMILIAR WITH IN THOSE HIGHLY TOURIST TRAFFICKED AREAS OF THE CITY. THEY ALSO ALLOWED FOR OTHER STR USE IN OTHER AREAS OF THE CITY AS WELL. THEY CONDUCTED EXTENSIVE MAPPING OF CENSUS TRACT DATA THAT SHOWED WHERE ACROSS THE CITY THE STRs WERE LARGELY BEING USED AND FOUND THAT 13.5% OF THE STRs -- EXCUSE ME, OF THE SINGLE-FAMILY HOMES IN THE STR ZONE THAT THEY HAD DESIGNATED WERE BEING USED AS STRs. THOSE WITHIN ABOUT A ONE-MILE RADIUS OF AT&T STADIUM, GIVE OR TAKE. AND SO ONE OF THE OTHER ELEMENTS OF THE CITY'S APPROACH IN THAT CASE WAS TO ALLOW FOR STRs AND WHAT THEY DENSITY ZONING DISTRICT, AM RESIDENTIAL HIGH DENSITY ZONING DISTRICT, RESIDENTIAL COMMERCIAL DISTRICT, AND MIXED-USE ZONING DISTRICT SO THAT THE ONE AREA THAT THE CITY SAID IT WOULD NOT ALLOW STRs, SUBJECT TO GRANDFATHERING, WAS IN LOWER-DENSITY SINGLE-FAMILY DISTRICTS THAT WERE NOT WITHIN THE STR ZONE. AND SO THE NET EFFECT OF THOSE ZONING REGULATIONS WAS THAT THERE WERE THOUSANDS OF PARCELS WHERE STRs CANE ERATED IN THE CITY AND IN FACT ARE CURRENTLY BEING USED AS THAT. SO, AGAIN, AT THE -- IN THE ARLINGTON CASE PART OF THE OTHER REGULATIONS THAT THE CITY ADOPTED WERE AN ANNUAL PERMIT AND $500 FEE, INSPECTION REQUIREMENTS, PROOF OF HOTEL OCCUPANCY TAX PAYMENT BY THE OPERATOR. MAXIMUM OCCUPANCIES WITH A PRESUMPTION THAT THERE SHOULD BE TWO PER BEDROOM PLUS TWO, LIMITED TO 12 TOTAL OCCUPANTS IN AN STR. NOISE RESTRICTIONS. PROHIBITIONS AGAINST OUTSIDE CONGREGATION OR ASSEMBLY BETWEEN THE HOURS OF 10:00 P.M. AND 9:00 A.M. TRASH PLACEMENT REQUIREMENTS. PROHIBITION ON ADVERTISEMENTS OF STRs FOR SPECIAL EVENT. INCREASING PARKING RESTRICTIONS AND LIMITATIONS ON THE NUMBER OF VEHICLES ALLOWED IN AN STR. AND A PROHIBITION ON THE PHYSICAL CONVERSION OF A PREMISES TO ADD ADDITIONAL BEDROOMS FOR STR USES. THE STR OWNERS AND OPERATORS IN THAT CASE SUED THE CITY ALLEGING VARIOUS CONSTITUTIONAL VIOLATIONS. ONCE AGAIN, THE TEXAS ATTORNEY GENERAL FILED AN AMICUS BRIEF IN SUPPORT OF THE STR OWNERS AND AGAINST THE CITY. THE PLAINTIFFS WERE DENIED THAT INJUNCTION OF RELIEF, AS I MENTIONED. THE COURT UPHELD THAT DENIAL FINDING IN FAVOR OF THE CITY, ALLOWING THE CITY TO CONTINUE ENFORCING THE ORDINANCE AS IT WAS WRITTEN DURING THE PENDING LITIGATION. AND THIS IS AT THE EARLY STAGES OF THE CASE. AT THE TEMPORARY INJUNCTION STAGE AND SO THIS WAS NOT SA CASE THAT WAS DECIDED ON THE MERITS. AND SOME OF THE EVIDENCE AT THE PRELIMINARY INJUNCTION HEARING IS NOT NECESSARILY THE SAME EVIDENCE THAT CAN BE DEVELOPED AT A FULL TRIAL ON THE MERITS. THAT'S IMPORTANT TO KEEP IN MIND. AND SO THERE WAS NO GUIDANCE FOR CITIES YET FROM THIS CASE. AS TO THE VALIDITY OF THE NEW ORLEANS ORDINANCES, BECAUSE OF ITS EARLY STAGE IN THE PROCESS, ONE TAKEAWAY FROM THIS CASE IS THAT DEVELOPING A DATA-DRIVEN ROBUST LEGISLATIVE RECORD MAY HELP AVOID AN INJUNCTION, LIKE WHAT HAPPENED IN THIS CASE. AND STR OWNERS IN THIS CASE DID NOT HAVE STANDING TO CHALLENGE THE ASSEMBLY RESTRICTIONS, UNLIKE WHAT WE SAW IN AUSTIN, BECAUSE NONE OF THEM WERE IN FACT A TENANT OR A GUEST OF THE STR. SO IT JUST TURNED OUT THAT NONE OF THE PLAINTIFFS WERE TENANTS OR GUESTS, THEY WERE OWNERS OR OPERATORS, AND SO THE COURT FOUND THEY DID NOT HAVE STANDING TO BRING THAT ASSEMBLY ARGUMENT. IN THIS CASE THE SUPREME COURT DENIED THE PETION FOR REVIEW IN JANUARY OF 2022 AND SO IT REMAINS AT THE TRIAL COURT LEVEL. THE NEXT CASES I'LL TOUCH ON BRIEFLY -- >> Mayor Muns: RYAN, I'M GOING TO STOP YOU RIGHT HERE. WE'RE GOING TO GO AHEAD AND START THE REGULAR MEETING AND I'LL BRING YOU BACK UP AS SOON AS WE FINISH THE PLEDGE AND THE PRAYER. >> THANK YOU. >> Mayor Muns: I NOW DECLARE THE PLANO CITY COUNCIL HAS RECON. THAT ALL MEMBERS ARE PRESENT. WE'LL BEGIN TONIGHT'S REGULAR MEETING WITH THE INVOCATION LED BY REVEREND DR. VICTOR KOLLMAN, SENIOR PASTOR WITH THE MESSIAH LUTHERAN CHURCH. AND THE PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE LED BY GIRL SCOUT TROOP 6553 WITH McMILLEN HIGH SCHOOL. WOULD YOU PLEASE RISE? >> WE PRAY. HEAVENLY FATHER, WE THANK YOU FOR YOUR PRESENCE WITH US HERE AGAIN THIS EVENING. WE THANK YOU FOR THIS WONDERFUL CITY OF PLANO IN WHICH WE LIVE. WE THANK YOU FOR THE LOVE AND THE CARE YOU GIVE TO OUR CITY COUNCIL MEMBERS AND TO OUR ITY AND TO ALL OF US HERE TONIGHT. WE ASK YOUR BLESSINGS ON ALL THE DECISIONS THAT OUR CITY COUNCIL MEMBERS MAKE TONIGHT TO SERVE YOU AND TO SERVE THE PEOPLE HERE IN PLANO. GIVE THEM WISDOM AND UNDERSTANDING TO MEET THE NEEDS OF YOUR PEOPLE HERE IN PLANO. CONTINUE TO GIVE US ALL OPPORTUNITIES TO SERVE YOU AND TO MAKE A DIFFERENCE FOR YOU IN THIS SPECIAL CITY IN WHICH WE LIVE. WE PRAY IN THE POWERFUL NAME OF JESUS, AMEN. >> PLEASE JOIN US IN RECITING THE PLEDGE OF ALLEGIANCE FOLLOWED BY THE TEXAS FLAG. [PLEDGE OF ALLEGIANCE] [HONORING THE TEXAS FLAG] >> Mayor Muns: BE SEATED. >> Mayor Muns: WE HAVE SEATS DOWN HERE. I KNOW YOU PROBABLY DON'T WANT TO COME TO THE FRONT ROW BUT THIS IS NOT CHURCH. IF YOU DON'T WANT TO STAND, THERE'S MORE SEATS UP FRONT. >> PICKING UP WHERE WE LEFT OFF, THE NEXT SET OF CASES I'D LIKE TO TOUCH ON BRIEFLY IS THOSE CASES DECIDED BY TEXAS COURTS INVOLVING AN HOA'S ATTEMPT TO REGULATE AND PROHIBIT STR USAGE WITHIN THEIR NEIGHBORHOODS. THE FIRST ONE IS A CASE DECIDED BY THE TEXAS SUPREME COURT AND THE TARR V. TIMBERWOOD PARK OWNERS ASSOCIATION, WHICH WAS THE HOMEOWNERS' ASSOCIATION OUT OF SAN ANTONIO. THE HOA TRIED TO BAN STR USES ON THE THEORY THAT IT WAS A COMMERCIAL USE, NOT A RESIDENTIAL USE. THE DEED COVENANTS IN THAT HOA RESTRICTED OR LIMITED PROPERTY TO RESIDENTIAL USES ONLY. SO THE ARGUMENT WAS IT WAS A COMMERCIAL USE AND THEREFORE BY DEFINITION PROHIBITED UNDER THE HOA DEED COVENANTS. THE COURT RULED IN THE CASE THAT THE HOA COULD NOT BAN AN STR ON E BASIS THAT IT WAS A COMMERCIAL USE IN CONFLICT WITH THE EXISTING RESTRICTIVE COVENANT THAT THE PROPERTY IS LIMITED TO RESIDENTIAL USE. IN ESSENCE, FINDING THAT THE SPECIFIC LANGUAGE OF THE HOA DEED RESTRICTIONS AND COVENANTS DID NOT INCLUDE STRs AS A COMMERCIAL USE OR IDENTIFIED THEM AS AN COMMERCIAL USE AND FOUND THAT BASED ON THE SPECIFIC LANGUAGE AT ISSUE IN THE CASE THAT IT WAS A RESIDENTIAL USE AND ALLOWED UNDER THE HOA DEED RESTRICTIONS. THE COURT DID, WHEN IT MADE THAT FINDING IN 2018, FIND THAT THE RESULT MIGHT HAVE BEEN DIFFERENT IF THE LANGUAGE IN THE HOA DEED RESTRICTIONS AND COVENANTS WERE DIFFERENT AS WELL. THAT IF THEY WERE DEFINED -- IF THE STRs WERE DEFINED IN A WAY THAT COULD BE EXCLUDED UNDER THE HOA'S LANGUAGE, THEN THE COURT MIGHT BE INCLINED TO AGREE THAT THE HOA DID HAVE THE RIGHT TO REGULATE OR TO LIMIT OR PROHIBIT STR USES. ONE IMPORTANT THING TO POINT OUT AS WE TALK ABOUT THESE HOA CASES IS THAT THEY DID NOT INVOLVE A CITY AND HOAs ARE NOT CONSTRAINED BY THE SAME CONSTITUTIONAL LIMITATIONS THAT THE CITY OF PLANO AND OTHER CITIES IN TEXAS ARE. SO MANY OF THE ARGUMENTS THAT WE SPOKE ABOUT EARLIER, RIGHT OF ASSOCIATION, RIGHT OF ASSEMBLY CONSTITUTIONAL TAKINGS PRECEDENCE AND OTHER TYPE OF CONSTRAINTS AND LIMITATIONS ON THE CITY'S ABILITY TO REGULATE DON'T EXIST WHEN WE'RE TALKING ABOUT A RULES AND OPERATIONS. THE NEXT HOA CASE IS JAY BRICE HOLDINGS, LLC V. WILCREST WALK TOWNHOMES ASSOCIATION. LIKE IN THE TARR CASE THE COURT FOUND NEITHER THE DEED RESTRICTIONS NOR THE PROPERTY CODE OF THE STATE OF TEXAS AUTHORIZED THE HOA TO IMPOSE SHORT-TERM RENTAL RESTRICTIONS OR PROHIBITIONS. BUT AGAIN NOTED THAT THE DEED RESTRICTIONS PERMITTED THE NEIGHBORHOOD T AMEND THEIR COVENANTS IF THEY SO CHOSE TO FURTHER RESTRICT LEASING AND POTENTIALLY THE ABILITY OF AN HOA COVENANTS TO BE AMENDED AND RESTRICT STRs ALL TOGETHER. ANOTHER CASE INVOLVING AN HOA IS OUT OF HOUSTON. AND THAT WAS TWO MONTHS AGO IN AUGUST 2022. IN THAT CASE THERE WAS AN AMENDMENT TO A SUBDIVISIONS COVENANT DEED RESTRICONS WHICH BANS SHORT-TERM LEASING. IN THAT CASE THE COURT OF APPEALS IN HOUSTON FOUND THAT THAT WAS VALID AND ENFORCEABLE AGAINST THE HOMEOWNER. SO THE HOA WENT THROUGH THE PROCESS THAT'S SPELLED OUT IN THE HOA DEED RESTRICTIONS TO AUTHORIZE AN AMENDMENT TO THOSE RESTRICTIONS AND IN FACT TO ADOPT A NEW BAN ON STRs AND THE COURT UPHELD THAT. IN THAT CASE THE COURT CITED THE TWO PREVIOUS OPINIONS THAT I MENTIONED IN TARR AND JBRICE. THOSE CASESINDI THAT IN ESSENCE IT ALL DEPENDS -- THE RESULT RISES AND FALLS WITH THE ACTUAL LANGUAGE OF THE HOA DEED RESTRICTIONS AND THERE IS AUTHORITY FOR HOAs, IF THEIR DEED RESTRICTION LANGUAGE ALLOWS FOR IT, TO PROHIBIT, REGULATE, AND LIMIT STRs. AGAIN, THOSE CASES DO NOT INVOLVE THE CITY. AND SO THAT'S THE SUMMARY OF CASES THAT WE WANTED TO TOUCH ON. THERE WERE SOME SUMMARY-LEVEL TAKEAWAYS, IF YOU WILL, THAT WE WOULD LIKE TO TOUCH ON IF NOW WOULD BE THE APPROPRIATE TIME TO DO THAT. >> WE CAN WAIT. WHATEVER YOU WANT TO DO. I WANT TO BACK UP JUST A SECOND HERE. THE FIRST SET OF TAKEAWAYS IS IF YOU WANT TO PREPARE AN ORDINANCE. NOTE WHAT ARLINGTON DID. I WOULD ASK THAT YOU GIVE THAT CONSIDERATION IF YOU'RE GOING TO GO THAT PATH. THEY PASSED TWO ORDINANCES. ONE WAS A REGISTRATION ORDINANCE. THE OTHER WAS A ZONING ORDINANCE. YOU SEPARATED THE TWO. I THINK -- I DON'T KNOW WHY ARLINGTON DID IT BECAUSE I DIDN'T REPRESENT THEM BUT I THINK PART OF THEIR THINKING IS THAT THE REGISTRATION IS LIKELY TO BE UPHELD. THE ZONING HAD A LITTLE MORE RISK TO IT AND THEY WERE TRYING TO MINIMIZE THE RISK. THAT'S WORTH CONSIDERATION. AND THEN IF YOU WANT TO TALK ABOUT SMART STR ORDINANCES, BE SURE THAT YOU ARE IDENTIFYING WHAT THE PROBLEM IS. NOTE WHAT ARLINGTON DID. IT LOOKED AT ITS ENTERTAINMENT DISTRICT AND OTHER AREAS WHERE THERE WERE STRs WITH A GOAL, IT APPEARS TO ME, OF TRYING TO PRESERVE OR HAVE NO STRs IN THE REGULAR SINGLE-FAMILY RESIDENCES. SO IT TOOK HIGHER-DENSITY RESIDENTIAL, MEDIUM DENSITY, APARTMENTS, MIXED USE AND SAID YOU COULD DO THEM THERE. YOU HAVE TO IDENTIFY WHAT THE PROBLEM IS AND IT HAS TO BE BASED UPON DATA. WHEN YOU DECIDE TO DO THIS, YOU NEED TO CHECK WHAT THE STR CASE LAW IS AT THE TIME AND BUILD A LEGISLATIVE RECORD TO SUPPORT IT, IF IT CAN BE SUPPORTED. YOU DON'T NEED TO MAKE IT UP, OBVIOUSLY. YOU SHOULD AVOID OUTRIGHT BANS, AT LEAST FOR NOW, BECAUSE THE CASE LAW DOESN'T SUPPORT IT. AT THIS POINT I THINK YOU SHOULD BE WARY OF RETROFITTING STR REGULATIONS INTO EXISTING DEFINITIONS AND REGULATION BECAUSE THOSE ARE NOT FARING WELL. NOW, THIS MAY CHANGE BECAUSE THE LAW IS EVOLVING. I DON'T THINK YOU SHOULD MAKE A DISTINCTION BETWEEN OWNER OCCUPIED AND INVEST OWNED, BECAUSE THE FIFTH CIRCUIT, WHICH CONTROLS THE CITY OF PLANO AND COLLIN COUNTY SAYS THAT'S NOT CONSTITUTIONAL. UNLESS IT'S CHANGED BY THE U.S. SUPREME COURT. IF YOU'RE LOOKING AT DOING ZONES, SUCH AS WHAT ARLINGTON DID, MAKE SURE YOU HAVE AT LEAST RATIONAL BASIS TO SUPPORT THE ZONING DECISIONS AND YOU FOLLOW THE STANDARD ZONING PROCESSES, AS I INDICATED EARLIER, GO THROUGH THE WHOLE FULL-THROATED ZONING PROCESS AND GIVE EVERYONE A CHANCE TO WEIGH IN AND CONSIDER ALL THAT. I THINK THIS GATHERING PROCESS WOULD INCLUDE LOOKING AT GPS MAPPING, POLICE CALLS, CODE YOU SHOULD BE CREATING A PROSPECTIVE ORDINANCE, NOT A RETROAIVE ORDINANCE BECAUSE SO FAR THOSE ARE NOT DOING WELL IN THE COURTS. FINALLY, I THINK YOU OUGHT TO ENGAGE WITH THE ONLINE PLATFORMS TO SEE WHAT SUPPORT THEY CAN GIVE CITIES TO HELP FURTHER REGULATE THE CONCERNS THAT THE CITIZENS HAVE EXPRESSED. THE LAUNDRY LIST OF THINGS THAT WE TALKED ABOUT EARLIER. FINALLY, THE BASIC TAKEAWAYS ARE THE SUMMARY TAKEAWAYS. SHORT-TERM RENTALS ARE A REGULATORY CHALLENGE BECAUSE THEOCUS H BEEN WHAT CAN WE DO ABOUT THOSE, WHAT CAN WE DO ABOUT STRs. AND RIGHT NOW THAT IS NOT A WINNING ARGUMENT. YOU'RE GOING TO HAVE TO DO IT IN THE CONTEXT OF HOW YOU APPLY REGULATIONS CITYWIDE. IMPORTANTLY I THINK THIS MAY BE THE MOST IMPORTANT OBSERVATION I HAVE ABOUT THIS IS THAT THE LAW IS NOT CLEAR ON A NUMBER OF THESE ISSUES AND SO YOUR DECISION TO MAKE A DECISION ABOUT ZONING COULD GET YOU IN A LAWSUIT. AND I'M SEHAT IT COULD COME FROM EITHER SIDE BECAUSE I'M SURE THAT PASSIONS ARE HIGH ON BOTH SIDES SO YOU SHOULD BE CONSIDERING THAT. THAT DOESN'T MEAN YOU CAN'T DO SOMETHING. OBVIOUSLY, YOU COULD PURSUE A REGISTRATION. YOU COULD ACTUALLY GO, LIKE ARLINGTON DID, AND GET INVOLVED IN A ZONING PROCESS SO YOU CAN START GETTING THE INPUT. THESE CASES ARE GOING TO GET RESOLVED AT SOME POINT AND YOU'LL HAVE A BETTER IDEA OF WHAT YOU CAN AND CAN'T DO. ALSO NOTE THAT THE TEXAS LEGISLATURE HAS, AT LEAST IN THE PAST TWO SESSIONS, PROPOSEDILLS SEVERAL BILLS. NONE OF THEM PASSED SO FAR BUT DON'T BE SURPRISED IF IT COMES UP AGAIN AND I KNOW YOUR LEGISLATIVE COMMITTEE WILL BE MONITORING THAT AND HOPEFULLY GIVING INPUT TO ACCURATELY AND FAIRLY REPRESENT YOUR CITIZENS. YOU KNOW FROM THESE CASES AND I CAN TELL YOU FROM LOOKING, FROM HAVING PREPARED THESE ORDINANCES, CITIES TAKE DIFFERENT APPROACHES. FROM DOING NOTHING TO DOING DIFFERENT LEVELS OF ROBUSTNESS OF REGISTRATION TO TOTALLY REGULATING AND BANNING THEM. AND SO THE CITIES ARE NOT UNIFORM IN WHAT THEIR APPROACH HAS BEEN. NOTE THAT THE ATTORNEY GENERAL HAS BEEN ACTIVE IN THIS AREA, HAS BEEN INTERVENING IN THESE CASES AND HE'S NOT BEEN INTERVENING ON BEHALF OF CITIES OR THE CITIZENS. HE'S INTERVENED ON BEHALF OF OWNERS OF STRs. THE CHALLENGE FOR CITIES TO ADOPT REGULATIONS IS TO BALANCE THE COMPETING PROPERTY INTERESTS WITH COURTS STRONGLY FAVORING LEASE RIGHTS. I DON'T KNOW THE FULCRUM OF IN THIS CONTEXT BUT RIGHT NOW THE COURTS ARE BEING PRETTY CLEAR THAT AMONG THE RIGHTS& THE LANDOWNER HAS WITH FEE SIMPLE OWNERSHIP IS THE RIGHT TO LEASE. NOW, HOW THAT AFFECTS AN STR I DON'T THINK IS ABSOLUTELY CLEAR YET. THE COURTS HAVE BEEN TELLING CITIES THAT TO BALANCE THE PROPERTY INTERESTS YOU SHOULD BE LOOKING AT NUISANCE ORDINANCES, NOISE AND THE LIKE, TO ADDRESS THESE ISSUES. WHETHER IT'S FOR PARKING OR CRIME OR NOISE OR WHATEVER IT IS, THAT'S WHAT THE COURTS HAVE BEEN SUGGESTING TO YOU. I THINK THERE ARE OTHER THINGS THAT YOU COULD POSSIBLY DO. WE TRIED TO OUTLINE THOSE FOR YOU TONIGHT. FINALLY, I THINK THERE'S BEEN SOME INTEREST IN HOAs REGULATING THESE AND WE WANTED TO POINT OUT THOSE CASES THAT SEEM TO BE RECENT AND RELEVANT TO THIS DISCUSSION. AND NOTE THAT HOAs MAY BE ABLE TO ADDRESS SOME OF THOSE BUT HOAs ARE CREATURES OF STATUTE, RESTRICTED COVENANTS, ARE A MATTER OF CONTRACT AND SO THEY'RE GOIO BE TREATED A LITTLE BIT DIFFERENTLY BUT IT'S WORTH, AT LEAST IF CITIZENS WANT TO BAN THEM IN THEIR NEIGHBORHOOD, THAT'S AN AVENUE THEY COULD LOOK AT BY CONSULTING THEIR HOA ATTORNEY. AND, WITH THAT, THAT CONCLUDES OUR PRESENTATION. WE WANT TO THANK YOU FOR THE OPPORTUNITY TO COME AND SHARE WITH YOU OUR THOUGHTS. >> Mayor Muns: THANKS, RICHARD AND RYAN. THEY MAY HAVE SOME QUESTIONS FOR YOU IN A SECOND BUT WE'RE GOING TO HAVE CHIEF DRAIN COME UP AND PRESENT A COUPLEF SLID. >> OKAY. SO I WANT TO GIVE YOU A BRIEFING ON OUR CALLS FOR SERVICE DATA THAT WE HAVE AT OUR STRs. AS YOU CAN SEE THERE ON THAT SLIDE WE'VE GOT THAT FIRST PROPERTY UP THERE SHOWING QUITE A FEW CALLS FOR SERVICE. THOSE ARE MOSTLY PARKING ISSUES THAT ARE AT THAT PARTICULAR STR AND FOR RELATIVELY MINOR THINGS THAT ARE GOING ON THERE. WE'VE GOT ONE PROPERTY ON THERE THAT HAS BEEN TAKEN OFF IN AUGUST THAT WAS SOMEWHAT OF -- BEEN SOMEWHAT OF A PROBLEM PROPERTY FOR US BUT THEY WERE ON AIRBNB AND AIRBNB TOOK THEM OFF IN AUGUST. SO HERE ARE SOME OF THE CALLS FOR DATA-TYPE CALLS THAT WE HAVE AT OUR STRs. IN FACT, THIS IS ALL OF THE ONES THAT WE HAVE THERE, 105 ARE THE TOTAL NUMBER OF INCIDENTS THAT WE'VE HAD YEAR TO DATE THROUGH THE END OF SEPTEMBER. AND THAT ONE SEX TRAFFICKING CALL UP THERE, THAT IS THE ONE THAT I'M SURE MOST OF YOU PROBABLY HEARD ABOUT ON NEXTDOOR AND WAS IN THE MEDIA. THAT PARTICULAR -- THAT HAS BEEN THE ONLY PROSTITUTION STR THAT WE ARE AWARE OF AT THE POLICE DEPARTMENT. SO THOSE PEOPLE MOVED UP FROM DALLAS, AS YOU PROBABLY READ. WE HAD RECEIVED A TIP, UNRELATED TO DALLAS, ABOUT THATARTILARTR THE WEEKEND BEFORE IT WAS RAIDED. OUR DETECTIVE -- WE USE A DECONFLICTION METHOD TO MAKE& SURE WE'RE NOT WORKING ON THE SAME CASES AS OTHER CITIES. WE FOUND OUT FROM DALLAS THAT THEY WERE WORKING IT. DALLAS ALREADY HAD A WARRANT SO OBVIOUSLY WE LET THEM TAKE THAT AND THAT WAS HANDLED. WE GOT SOME FEEDBACK ON WHAT DALLAS HAD. THERE WERE NO MINORS, NO JUVENILE WOMEN INVOLVED. THEY WERE ALL ADULTS AND THAT PROPERTY WAS ONLY IN OUR CITY FOR LESS THAN A WEEK. AS I SAID, WE HAVEN'T HAD ANY OTHER ISSUES COME UP LIKE THIS AT ALL. SO THIS IS THE NUMBER OF NOISE COMPLAINTS THAT WE'VE HAD IN OUR CITY, 2,735. AND ABOUT 45 OF THOSE HAVE BEEN RELATED TO STRs THAT WE KNOW OF, ABOUT 1.6% OF OUR NOISE COMPLAINTS. NOW, THAT NOISE COMPLAINT DATA IS FOR ALL NOISE COMPLAINTS, NOT JUST RESIDENTS. IT'S DIFFICULT TO PARSE THAT NUMBER OUT OF THAT. NOW THIS IS JUST TREND DATA TO SHOW THAT THE TREND IS GOING UP FOR CALLS FOR SERVICE AT OUR STRs. AND THAT CONCLUDES MY PRESENTATION. >> Mayor Muns: THANKS, CHIEF. PAIGE MIMS IS GOING TO HAVE A FEW SLIDES AND THEN WE'LL BE AVAILABLE FOR QUESTIONS. >> SO MAYOR AND COUNCIL, WE WANTED TO ADDRESS THE QUESTIONS THAT HAVE COME UP ABOUT THE HOTEL TAX COLLECTION AND WHY STRs ARE TREATED AS HOTEL USES UNDER TAX LAW BUT NOT UNDER LAND USE LAW IN PLANO. SO THE FIRST SLIDE IS THE DEFINITION OF HOTEL FROM THE TEXAS TAX CODE. AND IT SPECIFICALLY SAYS IN 156.001B FOR PURPOSES OF IMPOSITION OF A HOTEL OCCUPANCY TAX UNDER THIS CHAPTER, HOTEL INCLUDES A SHORT-TERM RENTAL. SO IT'S NOT BECAUSE PLANO HAS CONTRACTS WITH SOME OF THE PLATFORMS THAT THE TAX IS COLLECTED. THAT IS TO STREAMLINE THE TAX COLLECTION AND MAKE SURE THAT THE BURDEN'S ON THE PLATFORMS OR THE OWNERS OF THE PROPERTIES AND NOT PLANO TO KIND OF WRANGLE AND TRACK DOWN TAX MONEY. WITH THE CONTRACTS WE HAVE WITH THE PLATFORMS, STATE LAW MANDATES THAT THE OWNERS OR RENTERS OF THESE PROPERTIES PAY TAXES. THAT'S WHY THEY'RE CONSIDERED THIS USE UNDER THIS LAW BECAUSE IT'S VERY CLEAR IN THE STATE LAW THAT AN STR IS THAT TYPE OF USE. AND IF WE MOVE ON TO THE PLANO ZONING ORDINANCE, STRs ARE NOT SPECIFICALLY ADDRESSED IN OUR ZONING ORDINANCE. THEY DON'T FIT IN THE DEFINITION OF A MOTEL/HOTEL DEFINITION. SOMETHING THAT'S NOT HIGHLIGHTED IS THAT THEY'RE NOT DESIGNED FOR AND OCCUPIED AS TEMPORARY DWELLING PLACES. ALSO UNDER HOTEL/MOTEL, YOU HAVE TO HAVE FOUR OR MORE ROOMS SUITABLE FOR DAILY OR LONG-TERM OCCUPANCY. WE KNOW STR MAY BE LESS THAN THAT. MAY BE THAT, MAY BE MORE. IT'S REQUIRED THAT HOTEL SERVICES, INCLUDING DAILY HOUSEKEEPING AND UPKEEP OF FURNISHINGS ARE PROVIDED AND THAT'S NOT NECESSARILY TRUE IN STR USES. CONSISTELY AND IT SPECIFICALLY SAYS IN OUR ORDINANCE THAT THIS DEFINITION SHALL NOT INCLUDE OTHER DWELLING UNITS AS DEFINED BY THE ORDINANCE. THE DEFINITIONS OF DWELLING AND DWELLING UNIT IN OUR ZONING ORDINANCE INCLUDE ALL THE RESIDENTIAL TYPES OF USES. SO IT'S SPECIFICALLY NOT A HOTEL AND A MOTEL. IF WE CAN MOVE ON TO THE NEXT SLIDE, WE HAVE A DEFINITION FOR BED AND BREAKFAST INN AND THAT IS AN OWNER ORPERAR OCCUPIED RESIDENCE. THE FIFTH CIRCUIT CASE IS NOT CONSTITUTIONAL AND IT REQUIRES UP TO FIVE BEDROOMS. BEDROOMS IN THEM FROM ONE OR NONE. SOMETIMES I THINK IF IT'S A STUDIO, UP TO FIVE OR MORE . AND THEY PROVIDE FOR GUEST STAYS UP TO 14 CONSECUTIVE DAYS. WE KNOW FROM THE TAX CODE THAT STRs CAN BE UP TO 30 DAYS. AND IT ALSO STATES THAT YOU SHALL NOT OFFER WEEKLY RENTAL RATES AND, YOU KNOW, I THINK MAYBE STRs SOMETIMES DO THAT. AND THEN WE HAVE ONE MORE DEFINITION ON THE NEXT SLIDE OF BOARDING/ROOMINGHOUSE. THIS DOESN'T NEATLY FIT INTO THIS CATEGORY. THERE IS A PLAN FUNDED IN THE BUDGET TO REDO THE ZONING ORDINANCE COMPREHENSIVELY NEXT YEAR, AND THIS IS ONE OF THE ITEMS ON THE LIST IS TO REALIGN SOME OF OUR DEFINITIONS BECAUSE SOME OF THE SIMILAR TYPE USES HAVE DIFFERENT TYPES OF REGULATIONS AND SOME ARE EITHER OUTDATED OR HAVE THINGS THAT COURTS HAVE DETERMINED ARE UNCONSTITUTIONAL. SO THERE WILL BE SOME REALIGNMENT OF THAT. AND WE KNOW THAT FROM THE PRESENTATION THAT THE ABERNATHY LAW FIRM DID THAT THE CITIES WHO HAVE TRIED TO USE THEIR DEFINITIONS OR THE FACT THAT IT'S NOT SPECIFICALLY REGULATED UNDER A GENERAL PROHIBITION, THEY HAVE NOT BEEN WINNING THOSE ARGUMENTS. IT'S CLEAR THAT THE COURTS HAVE INDICATED THAT THEY WOULD LIKE TO SEE CLEAR REGULATIONS, SPECIFICALLY TO STRs IF YOU WERE GOING TO IMPLEMENT SOME REGULATIONS. AND SO LET'S GO TO THE NEXT SLIDE. AND SO THIS KIND OF SUMMARIZED WHAT I HAVE JUST SAI AND SO THIS IS WHY WE DO NOT THINK OUR CURRENT DEFINITIONS ADDRESS STRs AND WHY WE DON'T USE OUR DEFINITIONS TO DO THAT. >> Mayor Muns: THANK YOU. ANY QUESTIONS FOR THE ATTORNEYS OR THE CHIEF OR PAIGE? >> Tu: I HAVE QUESTIONS FOR THE ATTORNEYS. >> Ricciardelli: NO WORRIES. AFTER DEPUTY MAYOR PRO TEM. >> Mayor Muns: YOU WERE VERY FAST. >> Tu: I HAVE TO BE FAST, ESPECIALLY IN FRONT OF ANTHON SO FIRST OF ALL, I WANT TO COMPLIMENT YOU ON THIS VERY, VERY EXTENSIVE AND DETAILED SUMMARY OF THE STR. I FOUND IT TO BE VERY EDUCATIONAL. I DO HAVE SOME QUESTIONS. IT SOUNDS LIKE BASICALLY WHAT THE COURT IS SAYING IS THAT WE CANNOT TREAT STRs LIKE A COMMERCIAL PROPERTY. WE HAVE TO -- IF WE ARE GOING OF RESTRICTION ON THE USE OF PROPERTY, IT HAS TO BE APPLIED TO ALL RESIDENTIAL TYPE PROHIBITION OR RESTRICTION. AM I CORRECT ABOUT THAT? >> I THINK IT'S ACCURATE TO SAY THAT THE COURTS HAVE HELD THAT STRs ARE NOT COMMERCIAL ENTERPRISES. AND SO THEY'RE GOING TO FALL UNDER THE RESIDENTIAL AREA AND YOU'RE GOING TO HAVE TO TREAT STRs THE WAY YOU TREAT OTHER -- >> Tu: HOUSES. LIKE MY HSE. >> YES. >> Tu: SO MY QUESTION NEXT IS IT SOUNDS LIKE ARLINGTON APPROACH APPEARS TO BE MORE APPEASING TO THE COURTS AT THIS TIME BECAUSE THEY'VE DONE A LOT OF DATA COLLECTION. THEY HAVE DONE THEIR RESEARCH. THEY COMPILED THEIR REASON AND RATIONALE IN MAKING THE DECISIONS THAT THEY DID AND ULTIMATELY IN PASSING THE ORDINANCE THAT THEY DID. >> I THINK SO.UT THAT? MAY I MAKE ONE COMMENT ABOUT THAT? >> Tu: SURE. >> WHEN I READ THOSE CASES, I THOUGHT OF REGULATING SEXUALLY-ORIENTED BUSINESSES. BECAUSE YOU'RE INVADING SOMEBODY'S FIRST AMENDMENT RIGHTS, THE RIGHT OF ASSEMBLY. ALL THOSE CLAIMS HAVE COME UP IN S.O.B. CASES. AND SO THIS GOT A LONG HISTORY OF WHAT WILL PASS CONSTITUTIONAL MUSTER. AND WHAT I READ IN THE ARLINGTON CASE SOUNDED A LOT LIKE WHAT'S REQUIRED TO UPHOLD A SEXUAL-ORIENTED BUSINESS REGULATION ORDINANCE. I THINK YOU'RE RIGHT AND I THINK THIS IS GOING TO REQUIRE THAT SORT OF SUBSTANTIVE, THOUGHTFUL, FACT-GATHERING AND BE ABLE TO BASE YOUR DECISIONS ON THE FACTS AND NOT THE OTHER WAY AROUND. >> Tu: OKAY. SO BASICALLY I GUESS MY NEXT QUESTION IS HOW LONG DID IT TAKE ARLINGTON TO DO THAT AND ARE WE ABLE TO, AS CITY OF PLANO, PIGGYBACK ON ARLINGTON'S RESEARCH SO WE TIME TT IT WOULD TAKE TOHE ULTIMATELY COME UP WITH OUR OWN POTENTI POTENTIALLY, YOU KNOW, RESOLUTIONS. >> LET ME GO BACK AND REFER TO S.O.B.s FOR A SECOND. IN SOME OF THE CITIES WE REPRESENT, WE HAVE RELIED ON DATA THAT'S BEEN GATHERED BY THE CIY OF DALLAS BECAUSE IT DOES A MORE ROBUST JOB THAN THE SMALLER CITIES THAT WE REPRESENT. THEY'RE NOT 2 MILLION PEOPLE. I DON'T KNOW IF YOU CAN RELY ON ARLINGTON OR NOT AND I DON'T KNOW HOW LONG IT TOOK, BECAUSE WE -- MAYBE RYAN DOES. >> THE COURT INDICATED IT WAS SEVERAL YEARS, BUT I DON'T KNOW FOR SURE HOW LONG EXACTLY. I THINK SOME OF THE SAME CONCEPTS AND FACT GATHERING MIGHT BE APPLICABLE TO PLANO BUT SOME OTHERS MIGHT NOT BE. >> AND WHAT I'VE SEEN SO FAR IS THAT YOU'VE ALREADY BEGUN SOME OF THAT FACT GATHERING JUST RESPONDING TO CITIZEN INQUIRIES CONCERNS AND COMPLAINTS AND THE LIKE. THAT YOU'RE ALREADY BEGINNING TO BUILD AT LEAST FACTS THAT WOULD INDICATE TO YOU OR WHERE WE COULD REGULATE AND WHERE WE COULDN'T REGULATE. >> Tu: I G GUESS ULTIMATELY THE LAST QUESTION IS IF THE CITY WERE TO LOSE ON ANY TYPE OF LITIGATION LIKE THIS, IS THE COURT PERMITTED TO GRANT ATTORNEYS' FEES TO THE WINNING PARTY? >> IT DEPENDS ON THE CAUSE OF ACTION BUT THE CAUSE OF ACTION THAT I HAVE SEEN SO FAR, THE ANSWER IS YES AND THEY COULD AWARD DAMAGES IF SOME OF THE TAKINGS CLAIMS AND OTHER THINGS ARE FOUND TO BE VALID. >> Tu: IN OTHER WORDS, THE CITY WOULD HAVE TO PAY THEIR OWN ATTORNEYS' FEES AND COSTS AND THEY WOULD ALSO HAVE TO PAY THE COMPLAINANTS, THE PLAINTIFF'S COSTS. >> DAMAGES. POSSIBLY. OBVIOUSLY, IN THESE CASES ONE OF THE GOALS OF THE STR OWNER IS TO PREVENT THE CITY FROM IMPOSING THE REGULATION. BUT FOR DOING SO IT WANTS TO BE REIMBURSED FOR ITS ATTORNEYS' FEES AND IF IT HAS A CLAIM FOR DAMAGES, LIKE A TAKINGS CLAIM, THEN IT WANTS TO PURSUE THAT. I CAN'T TELL YOU THE OUTCOME OF THOSE CLAIMS BUT, YES, THAT'S A POSSIBILITY. >> Tu: THANK YOU. >> CERTAINLY. >> Mayor Muns: COUNCIL MEMBER RICCIARDELLI. >> Ricciardelli: THANK YOU, MAYOR. I WANTED TO FIRST JUST NOTE THAT I THINK TO THE POINT THAT YOU TOUCHED ON, MR. ABERNATHY. I THINK WE HAVE BEEN IN THIS PROCESS FOR A FEW YEARS NOW. WE HAVE BEEN GETTING REPORTS AND GATHERING DATA FOR, YOU KNOW, I'VE BEEN ON COUNCIL FOR FIVE AND A HALF YEARS AND IT FEELS LIKE A MAJORITY OF THAT TIME WE'VE BEEN LOOKING AT THIS ISSUE. SO FOR YEARS NOW, CERTAINLY. I HAD A QUESTION FOR CHIEF DRAIN FOLLOWING UP ON THE REPORT THAT YOU PROVIDED. THANK YOU, CHIEF DRAIN FOR THAT GREAT REPORT. I NOTED IN YOUR REPORT THE DISCUSSION OF 1.6% OF NOISE COMPLAINTS IN THE YEAR 2022 IN PLANO BEING ASSOCIATED WITH SHORT-TERM RENTALS. NOT TO GIVE YOU A POP QUIZ, BUT IF I REMEMBER NUMBERS CORRECTLY FROM THE PRESENTATIONS THAT CURTIS HOWARD HAS PROVIDED, OUR CURRENT ESTIMATE OF THE NUMBER OF SHORT-TERM RENTALS IN THE CITY IS SOMETHING LIKE 600 AND SOMETHING. DOES THAT SOUND ABOUT RIGHT? GIVE OR TAKE. >> YES. >> Ricciardelli: AND THIS MAY BE SOMETHING THAT'S MORE IN THE PLANNING DEPARTMENT'S VEIN BUT I BELIEVE WE HAVE UPWARDS OF 111,000 HOUSING UNITS IN THE CITY OF PLANO. I DON'T KNOW -- I'M GETTING A FAIRLY AFFIRMATIVE NOD FROM THE CITY MANAGER, ROUGHLY. I THINK THAT MAY BE A YEAR OR TWO OLD NUMBER SO IT MAY BE A LITTLE BIT MORE NOW. JUST DOING THE QUICK MATH, IT LOOKED LIKE SHORT-TERM RENTALS, YOU KNOW, DEPENDING ON HOW MANY, 600 AND SOMETHING, MAY BE SOMEWHERE AROUND .6% OF HOUSING UNITS IN PLANO AND IT LOOKS LIKE MORE THAN 2.5 TIMES THAT AMOUNT OF NOISE COMPLAINTS, 1.6% ARE ASSOCIATED WITH SHORT-TERM RENTALS. DOES THAT SOUND ABOUT RIGHT IN TERMS OF WHAT THE DATA IS SHOWING THAT THERE'S A SIGNIFICANTLY HIGHER INCIDENCE OF NOISE COMPLAINTS AT SHORT-TERM RENTALS? >> THE NOISE COMPLAINT DATA I'M PRETTY CONFIDENT IN. THE 600 NUMBER THAT WE'RE USING, CURTIS GETS THAT DATA FROM OUR D&A. IT'S A FREE SERVICE AND SOMETIMES YOU GET WHAT YOU PAY FOR. I DON'T KNOW IF I WANT TO RELY ON THAT SINCE WE'RE NOT DOING OUR OWN DATA COLLECTION TO DO THAT. I DON'T KNOW IF I WOULD WANT TO RELY ON THAT NUMBER. IN ANY CASE WE'RE TALKING ABOUT A SMALL NUMBER, I THINK 45 WAS THE NUMBER OF NOISE COMPLAINTS AT STRs. SO YEAH. IS IT TWICE AS LARGE, IF YOUR NUMBERS ARE CORRECT, THAT'S ACCURATE. I DON'T KNOW IF THOSE NUMBERS ARE CORRECT. NUMBER TWO, WE'RE TALKING ABOUT PRETTY SMALL NUMBERS. >> Ricciardelli: THANK YOU FOR THAT INFORMATION, CHIEF. AS I RECALL FROM CURTIS HOWARD'S PRESENTATION, IS THERE A PREMIUM VERSION OF AIR ACCURATE DATA OR THROUGH A REGISTRATION PROGRAM WE CAN CERTAINLY GATHER MORE ACCURATE DATA. WE CAN GET ACCURATE DATA ON EXACTLY HOW MANY SHORT-TERM RENTALS ARE OPERATING IN PLANO? >> I DON'T KNOW IF IT'S AIR D&A. THERE ARE SERVICES, PAID SERVICES THAT PROVIDE THAT SERVICE TO US . I THINK SOME OF THE OTHER DEPARTMENTS MAY BE LOOKING AT THAT. FOR OUR PURPOSES IT'S NOT WORTH THE COST FOR THE POLICE DEPARTMENT SO WE DON'T USE THAT BUT I THINK SOME OTHERS ARE LOOKING AT GETTING A SERVICE LIKE THAT. >> Ricciardelli: CHIEF DRAIN, THANK YOU FOR THAT INFORMATION AND THAT PRESENTATION. I APPRECIATE YOU. >> Mayor Muns: MAYOR PRO TEM. >> Prince: I DON'T KNOW IF MY QUESTION IS FOR YOU, PAIGE, OR FOR THE CHIEF. WHOEVER WANTS TO ANSWER, Y'ALL CAN ANSWER IT. SO THE ATTORNEYS MENTIONED THAT ONE OF THE AVENUES WE HAD IS TO INCREASE OUR NUISANCE ORDINANCES ACROSS THE BOARD FOR THE WHOLE CITY. SO WHAT DO YOU SEE ARE WAYS ARE TO CURRENTLY BEEF UP THE ORDINANCES THAT WE HAVE? >> ONE THING WE CAN DO IS REVISIT OUR NOISE ORDINANCE AND SEE IF THERE'S ANY ADDITIONAL THINGS THAT WE CAN DO ON THAT ORDINANCE TO MAKE IT EASIER TO FILE COMPLAINTS IN RESIDENTIAL NEIGHBORHOODS WHERE THERE'S MORE OF AN EXPECTATION OF QUIET AFTER DARK AND THAT TYPE OF THING. SO WE COULD WORK ON THAT AS A STAFF. I'LL DEFER TO THE CHIEF ON PARKING AND DISORDERLY CONDUCT AND CRIME-TYPE ORDINANCES. >> YOU KW, I THINK OUR ORDINANCES ARE WRITTEN PRETTY GOOD. THE KEY IS US BEING ABLE TO GET PROBLEMS TO THE PLATFORMS. WE HAVE GOOD RELATIONS WITH BOTH AIRBNB AND VRBO. WE HAVE PEOPLE WE CAN TALK TO. WE HAVE A LAW ENFORCEMENT PORTAL. WE TYPICALLY DON'T PUT PROBLEMS LIKE PARKING PROBLEMS IN THERE BECAUSE, NUMBER ONE, SOMETIMES YOU DON'T ALWAYS KNOW IF THE CAR IS RELATED TO SOMEONE AT THAT PARTICULAR ADDRESS, NUMBER ONE. AND THE PROBLEMS GOING ON, LIKE THAT TOP ADDRESS THAT WE SAW THERE, IT'S CARS PARD GOING THE WRONG DIRECTION ON THE ROADWAY. THAT'S GOING TO PROBABLY BE ON EVERY RESIDENTIAL STREET THAT WE HAVE. WE HAVE SOMEONE WHO CALLS ABOUT THAT CONSISTENTLY AT THAT LOCATION AND SO WE DON'T PUT THAT KIND OF DATA IN THERE. BUT IF WE ARE GOING BACK OUT TO THE SAME LOCATION ON A NOISE COMPLAINT, NORMALLY JUST LIKE ANY OTHER CITIZEN, THE FIRST TIME WE ASK THEM -- WE DON'T TAKE ENFORCEMENT ACTION. WE ASK THEM TO TURN THE MUSIC DOWN. BUT IF WE HAVE TO CONTINUE TO COME BACK OUT, OBVIOUSLY WE'RE GOING TO TAKE ENFORCEMENT ACTION AND INPUT THAT DATA INTO THE LAW ENFORCEMENT PORTAL OF THOSE PLATFORMS. THAT'S MORE OF THE KEY WE CAN WORK ON. I'M NOT SURE WHAT REFINING WE CAN DO ON THE ORDINANCES BECAUSE I THINK THEY'RE FINE AS THEY ARE. >> Prince: TO HER POINT OF MAKING IT EASIER TO MAKE CALLS, DO YOU FEEL LIKE IT'S EASY FOR YOU TO -- IF SOMEBODY DOES HAVE A NOISE COMPLAINT FOR YOUR OFFICERS TO GET OUT THERE IN TIME FOR THEM TO WITNESS THE NOISE VIOLATION? >> SOMETIMES THEY MAKE IT OUT THERE AND SOMETIMES THEY DON'T BUT I DON'T THINK ANYTHING WE WRITE AN ORDINANCE IS GOING TO HAVE ANY IMPACT ON THAT. THAT'S JUST A MATTER OF CIRCUMSTANCE. BUT TYPICALLY WE GET OUT THERE -- WITH THE STRs, THE NOISE IS STILL GOING ON. BUT SOMETIMES AT A RESIDENCE SOMEONE CAN HAVE THEIR MUSIC UP OR A DOG IS BARKING AND BY THE TIME WE GET OUT THERE, THE DOG HAS STOPPED BARKING. >> Mayor Muns: COUNCILMAN WILLIAMS. >> Williams: ALSO A QUESTION FOR THE CHIEF. I D THE SAME MATH THAT COUNCILMAN RICCIARDELLI DID AND IT LOOKS LIKE NOISE COMPLAINTS ARE TWICE AS LIKELY AT SHORT-TERM RENTAL PROPERTIES THAN AT ALL OTHER PROPERTIES, BUT THAT'S JUST LOOKING AT ALL AGGREGATE NOISE COMPLAINTS. ON THE FIRST SLIDE YOU SHOWED -- THAT WAS OUT OF 45 NOISE COMPLAINTS FOR SHORT-TERM RENTALS. ON THE FIRST SLIDE YOU SHOWED, IT SHOWED 105 COMPLAINTS OF ALL TYPES AND THAT WAS ONLY AT THE SHORT-TERM RENTALS THAT HAD THREE OR MORE COMPLAINTS LODGED. I WOULD LIKE -- I KNOW YOU DON'T HAVE THIS WITH YOU RIGHT NOW BUT I WOULD LIKE TO SEE DATA ON ALL COMPLAINT TYPES FOR ALL SHORT-TERM RENTALS COMPARED TO CALLS FOR SERVICE TO ALL PROPERTY TYPES, TO DO THE SAME KIND OF CALCULATION BUT NOT JUST FOR NOISE, DOES THAT MAKE SENSE? >> YES. >> Williams: ALL CALLS FOR SERVICE FOR SHORT-TERM RENTALS ACROSS ALL THE TYPES OF CALLS FOR SERVICE, WHETHER IT'S FOR SOMETHING AS EGREGIOUS AS SEX TRAFFICKING OR JUST PARKING ISSUES, COMPARED TO THE SAME DATA SET FOR ALL PROPERTIES. AND THIS I WAS JUST ASSUMING A FLAT 1,000 SHORT-TM REALS INHE CY TO MAKE THE MATH EASIER. >> YEAH, SO I THINK WE CAN GET THAT DATA. OBVIOUSLY, AS YOU SAID, I DON'T HAVE IT TONIGHT BUT WE'LL GET IT SENT BACK UP THE CHAIN. >> Williams: THANK YOU, CHIEF. >> Mayor Muns: COUNCILMAN GRADY. >> Grady: CHIEF, YOU'RE EXCUSED. [LAUGHTER] I HAVE A COUPLE OF QUESTIONS FOR THE ATTORNEY. JUST A COUPLE OF CLARIFICATIONS BECAUSE THERE'S BEEN A LOT OF DATA AND A LOT OF INFORMATION THAT'S BEEN PROVIDED IN THE PRESENTATION. I JUST WANTED TO GET KIND OF A CLARIFICATION OF MY OWN AND SEE IF THAT CLARIFICATION IS CORRECT. FROM WHAT I CAN SEE FROM A SHORT-TERM RENTAL IN A DEFENSIBLE POSITION IN THE LEGAL SYSTEM, THEY'RE BASICALLY CLAIMING THAT ANY KIND OF REGULATION IS A CONSTITUTIONAL INFRINGEMENT AND THEY HAVE A FUNDAMENTAL RIGHT OF PROPERTY RIGHTS AND THEREFORE HAVE LEASING RIGHTS ON THAT PROPERTY AS WELL. AND THAT SEEMS TO BE SUPPORTED BY THE COURT OF APPLS,HE FIFTH CIRCUIT COURT, THE TEXAS SUPREME COURT, AND THE ATTORNEY GENERAL OF THE STATE OF TEXAS. IS THAT CORRECT? >> I THINK IT'S FAIR TO SAY THAT CERTAIN TYPES OF REGULATIONS HAVE BEEN STRUCK DOWN BY THE COURTS THAT HAVE HAD OCCASION TO REVIEW THOSE UP TO THIS POINT. I DON'T KNOW THAT I WOULD SAY THAT ANY TYPE OF REGULATION ON STRs IS SUBJECT TO CHALLENGE OR HAS BEEN STRUCK DOWN. BUT CTAINLY THOSE REGULATIONS THAT CITIES HAVE ADOPTED THAT THE COURTS VIEW AS GOING TOO FAR HAVE BEEN SUBJECT TO CHALLENGE AND HAVE BEEN STRUCK DOWN SO FAR BY THE COURTS. I THINK THERE REMAINS TO BE A LOT SAID ABOUT THAT, AT THE TEXAS SUPREME COURT LEVEL. AS THOSE CASES CONTINUE WORKING THEIR WAY THROUGH THE PROCESS. >> Grady: THE OTHER PART OF THAT IS -- >> CAN I ADD ONE NOTE TO THAT? ALSO THE DALLAS COURT OF APPEALS, AT LEAST TO MY KNOWLEDGE, HAS NOT ISSUED RULINGS ALONG THESE LINES. SOME OF THESE CASES ARE COMING FROM FORT WORTH AND NOT FROM DALLAS. YOU CAN ARGUE WHAT FORT WORTH SAYS AND IT CAN BE LAW BUT IF YOU'RE LOOKING TO SEE WHAT YOUR AREA IS GOING TO DO AND LOOK AT THE DALLAS COURT OF APPEALS. I DON'T THINK THERE'S ANY DECISIONS OUT THERE BUT I COULD BE WRONG. >> Grady: IT SEEMS TO ME THAT THE MOST DEFENSIBLE PART ON EVEN FOR RESIDENTS AND FOR THE CITY ITSELF, FOR RESIDENTS ITS THEIR HOMEOWNERS' ASSOCIATION. THAT SEEMS TO BE THE STRONGEST DEFENSIBLE POSITION IS COVENANTS WITHIN A HOMEOWNERS' ASSOCIATION OR IF THE LACK OF ONE, A DEVELOPMENT OF ONE. AND THE OTHER PART BEING CAREFULLY-DESIGNED REGULATIONS. OTHERWISE, I DON'T SEE FEDERAL OR STATE LAWS REALLY BEING ANYTHING BUT SUPPORTIVE TO PROPERTY RIGHTS. >> AND RYAN MAY HAVE A DIFFERENT VIEW. MY VIEW IS A CONTRACTUAL AGREEMENT IN TEXAS, IF THEY ARE CLEAR AND UNAMBIGUOUS, THEY'RE PROBABLY GOING TO BE UPHELD. THAT'S AN HOA. THERE ARE A LOT OF SNARLY ISSUES ABOUT HOAs AND HOW THEY CREATE THEM. I HAVE BEEN INVOLVED IN A IT'S A DIFFERENT AREA. I DON'T THINK IT'S COMPARABLE TO THE CITY. BUT THE DISTINCTION HERE IS THE CITY IS IMPOSING REGULATIONS WITH OR WITHOUT THE CONSENT OF SOMEBODY. AND SO THAT'S WHY YOU BEGIN IMPLICATING CONSTITUTIONAL RIGHTS AND OTHER THINGS THAT MAKE IT A LITTLE BIT IFFY. BUT THAT DOES NOT MEAN YOU DON'T HAVE SOME REGULATION, REGULATORY AUTHORITY. IT'S JUST HOW FAR IS IT. GOING THROUGH THE PROCESS AND DETERMINING WHERE IS THAT. AND OF COURSE IT EVOLVES TOO. BUT AT SOME POINT THERE'S GOING TO BE, AT LEAST WHAT APPEARS TO BE MOSTLY SETTLED LAW AS TO WHAT YOU CAN DO FOR STRs. RIGHT NOW I WOULD BE UNCOMFORTABLE TELLING YOU IT'S CLEAR AND UNAMBIGUOUS ABOUT WHAT YOU CAN AND CAN'T DO. >> Grady: THANK YOU VERY MUCH. I APPRECIATE THAT. >> D YOU AEE ? >> Mayor Muns: SHELBY, YOU HAD ONE MORE QUESTION? >> Williams: YES, THIS TIME FOR THE ATTORNEY. I DIDN'T WANT TO MAKE THE CHIEF SIT DOWN AGAIN. A COUPLE OF QUESTIONS. YOU COVERED HOW THE COURTS HAVE UPHELD THE IDEA THAT SHORT-TERM RENTALS ARE NOT CONSIDERED COMMERCIAL. CAN YOU EXPLAIN THEIR BASIS FOR THAT REASONING? I'M ASSUMING HOTELS ARE CONSIDERED COMMERCIAL, IS THAT ACCURATE? >> YES. >> Williams: WHAT HAVE BEEN THE COURT'S REASONING FOR NOT CONSIDERING SHORT-TERM RENTALS TO NOT BE COMMERCIAL? >> YEAH, I THINK THE GRAPEVINE CASE IS PROBABLY THE ONE WHERE THAT ISSUE HAS BEEN BROUGHT UPMOST CLEARLY. I THINK IN THAT CASE, BECAUSE OF THE WAY THAT THE CITY HAD ADOPTED THIS ORDINANCE REAFFIRMING ITS PROHIBITION, IT CONSIDERED THE USE AS BEING JUST ONE THAT WAS NOT ALLOWED IN THE CITY, WHETHER RESIDENTIAL OR COMMERCIAL. AND THERE WERE ARGUMENTS IN THAT CASE THAT IT SHOULD BE TREATED AS A COMMERCIAL USE. ULTIMATELY, THE COURT -- I DON'T KNOW THAT IT GAVE US MUCH GUIDANCE ON ITS RATIONALE FOR THAT BECAUSE OF THE WAY THAT THAT CASE PLAYED OUT IN THAT COURT. I THINK IF YOU LOOK AT, AS PAIGE MENTIONED, THE ORDINANCE THAT YOU HAVE ON THE BOOKS TODAY AND THE DEFINITIONS IN THAT ORDINANCE, I THINK THERE IS SOME QUESTION OR QUITE A FEW QUESTIONS ABOUT WHETHER IT CAN BE ARGUED OR DEMSTRATED THAT SRT-TM RENTAL IS A COMMERCIAL USE AND SHOULD BE TREATED AS THOSE OTHER USES. YOU KNOW, WHEN WE TALK ABOUT ZONING USE DEFINITIONS, THERE ARE QUITE A FEW DEFINITIONS AND WHETHER THEY ARE DESIGNATED AS A RESIDENTIAL OR COMMERCIAL USE DOESN'T NECESSARILY END THE ANALYSIS. IT OFTEN COMES INTO WHETHER WHAT IS A SPECIFIC REGULATION THAT YOU'RE IMPOSING ON THOSE USES. I DON'T KNOW THAT WE'VE NECESSARILY GOT A LOT OF CLEAR GUIDANCE FROM THE COURT SO FAR IN THE CITY CASES. IN THE HOA THAT COMMERCIAL VERSUS RESIDENTIAL DICHOTOMY HAS BEEN BROUGHT UP MORE OFTEN AND THOSE CASES, BASED ON THE SPECIFIC DEFINITIONS IN THE HOA REGULATIONS AND LIMITATIONS, THE COURT'S FOUND THAT THOSE WERE RESIDENTIAL USES AND NOT COMMERCIAL USES BASED ON THE RECORD BEFORE THEM. >> Williams: SO IF I'M UNDERSTANDING CORRECTLY, BASED ON BOTH THE CITY CASES, MAYBE THE COURT JUST DIDN'T SPECIFICALLY ADDRESS THAT ISSUE BAUSET WAS BUSY ADDRESSING OTHER ISSUES. IN THE CASES OF HOA, IT MIGHT HAVE BEEN DOWN TO A NUANCE OF LANGUAGE. >> CORRECT. >> ALSO IN GRAPEVINE, ONE OF THE ARGUMENTS THE STR OWNER MADE IS THAT THE GRAPEVINE HAD BEEN ALLOWING THOSE FOR SIX YEARS. I MEAN, I THINK THE COURT OF APPEALS -- I DON'T KNOW WHAT THE COURT OF APPEALS IS THINKING BUT IT SEEMS TO ME IT'S FAIR THAT YOU COULD SURMISE THAT MAYBE THE COURT OF APPEALS WAS THINKING YOU, GRAPEVINE, THOUGHT IT WAS RESIDENTIAL FOR SIX YEARS AND NOW YOU DECIDED IT'S COMMERCIAL. IF IT HAD BEEN RESIDENTIAL, YOU WOULD HAVE DONE SOMETHING ABOUT IT AND EXCLUDED THAT USE FROM A RESIDENTIAL DISTRICT, BUT I DON'T KNOW. >> Williams: POTENTIALLY, BASED ON GRAPEVINE ZONE PRECEDENT. I'M SORRY?úI ALSO WANTED TO UNDN THE CASE OF NEW ORLEANS, IF I UNDERSTOOD CORRECTLY, YOU SAID THE INTERSTATE -- IN-STATE RESIDENCY REQUIREMENT WAS FOUND TO BE UNCONSTITUTIONAL UNDER THE COMMERCE CLAUSE. AS I UNDERSTAND IT, THE COMMERCE CLAUSE SIMPLY GIVES TERSTATE COMMERCE. TO REGULATE WHAT WAS THE COURT'S NUANCE THERE? >> YES, SIR. IT'S ACTUALLY THE IMPLICATION OF THE INTERSTATE COMMERCE CONSTITUTIONAL REGULATION. IT'S WHAT THE COURTS HAVE CALLED THE DORMANT COMMERCE CLAUSE. SO THE IMPLICATION THAT CONGRESS IS THE ONE THAT SHOULD REGULATE INTERSTATE COMMERCE, MEANING THAT OTHER GOVERNMENTAL ENTITIES LIKE STATES AND CITIES SHOULD NOT BE REGULATING INTERSTATE COMMERCE. >> Williams: CONCEPT OF PREEMPTION.TION.TION.TION.TION.. PREEMPTION. >> Williams: MY LAST QUTION YOU MENTIONED RETROACTIVE PROHIBITIONS A COUPLE OF TIMES. WHAT IS THE COURT'S -- HOW IS THE COURT DEFINING RETROACTIVE? IF YOU'RE SIMPLY SAYING GOING FORWARD SOMETHING IS NOW ILLEGAL. HOW IS THAT CONSIDERED RETROACTIVE? >> YEAH, SO THERE'S A CONSTITUTIONAL PROVISION UNDER THE TEXAS CONSTITUTION THAT WOULD LIMIT AND PROHIBIT THE CITY'S ABILITY TO IMPOSE A RETROACTIVE ORDINANCE OR LAW WHERE IT IS TAKING AWAY SOMEONE'S RIGHTS THAT EXISTED BEFORE THAT TIME. SO IN OTHER WORDS IF IT WAS THE POSITION OF THE CITY TODAY PEOPLE HAVE THE RIGHT TO OPERATE STRs, AND THAT'S ONE OF THEIR RIGHTS THAT THEY HAVE ENJOYED, BY TAKING THAT AWAY AND DOING THAT IN A RETROACTIVE WAY, MEANING YOU CANNOT CONTINUE IT ONCE WE ADOPT THIS ORDINANCE, THAT WOULD POTENTIALLY RUN AFOUL OF THE RETROACTIVE CLAUSE OF THE TEXAS CONSTITUTION. >> Williams: THANK YOU. >> Mayor Muns: COUNCIL MEMBER SMITH. >> Smith: THANK YOU, MAYOR. RICHARD,E'VE HEARD A LOT TONIGHT ABOUT THE RIGHTS OF SHORT-TERM RENTAL PROPERTY OWNERS AND WHAT CAN'T BE DONE. IN REVIEWING ALL THE DATA AND EVERYTHING, THE COURT CASES, HAS THERE BEEN ANY CONSIDERATION GIVEN TO THE RIGHTS OF THE ADJACENT PROPERTY OWNERS AND THEIR RIGHT TO HAVE PEACEFUL, TRANQUIL USE OF THEIR PROPERTY. WAS ANY OF THAT CONSIDERED IN ANY CASE LAW THAT YOU SAW? [APPLAUSE] >> YES, SIR,HEREAS BN. AND I THINK YOU SEE IN THE COURT CASES, COURTS TRYING TO BALANCE THOSE TOO IN UNDERSTANDING THE CITY'S OR HOA'S ROLE AND BALANCING THOSE COMPETING INTERESTS. I THINK THE COURTS, FRANKLY, ARE STRUGGLING WITH THAT JUST THE SAME WAY THAT YOU GUYS ARE. THE SAME WAY HOAs MIGHT BE STRUGGLING WITH HOW TO BALANCE THOSE COMPETING INTERESTS. THE COURTS CERTAINLY HAVE SAID -- AT LEAST SO FAR IN THE CASES -- HAVE SAID THAT THERE ARE A NUMBER OF CONCERNS OUGHT TO LIGHT WITH STRs AND NEIGHBORHOODS AND SINGLE-FAMILY DISTRICTS. AND THE JOB OF THE COURTS AND THE CITY AND THE HOAs IS HOW DO WE APPROPRIATELY BALANCE THOSE. AND I THINK WE'RE AT THE START OF A LENGTHY PROCESS, UNFORTUNATELY, IN TRYING TO DETERMINE WHAT IS THE APPROPRIATE BALANCE. AND ONE SIZE MAY NOT FIT ALL. SO IN PLANO IT MAY LOOK ONE WAY AND IN ANOTHER CITY IT MAY LOOK SOMETHING DIFFERENT. AND SO I THINK THE COURTS HAVE SAID, CERTAINLY IDENTIFIED ALL THE CONCERNS THAT OTHER RESIDENTS HAVE BROUGHT FORWARD ABOUT STR USES. AND CERTAINLY -- IN THE CASES I HAVE SEEN THE COURTS ARE NOT DIMINISHING THOSE AND IS NOT& SAYING THAT -- I'VE NOT SEEN A COURT SAY THAT THOSE ARE NOT VALID LEGITIMATE CONCERNS. IT'S JUST A QUESTION OF HOW DO YOU BALANCE POTENTIAL RIGHTS ON THIS HAND VERSUS POTENTIAL RIGHTS ON THE OTHER TO END UP IN A SITUATION WHERE, YOU KNOW, THERE'S AN APPROPRIATE BALANCE. >> CAN I ADD ONE THING TO THAT? THESE CASES HAVE ALSO EMPHASIZED THE CITY SHOULD BE USING REGULATIONS THAT HAVE BEEN IN PLACE FOR A LONG TIME. THE NUISANCE REGULATIONS. THEY DIDN'T SAY THIS BUT WHAT I WAS TAKING FROM IT IS THEY'RE TRYING TO FIND A WAY TO ASSURE THAT THE RIGHTS OF THE NEIGHBORS AND THOSE IN THE NEIGHBORHOOD ARE PROTECTED AND THEY'RE LOOKING FOR HOW CAN YOU LET THE CITIES KNOW WHAT YOU CAN GO TO. AND THEY'RE ENCOURAGING THAT. M NOTAYIN THAT'S THE ANSWER. I'M SAYING ONE OF MY PERSPECTIVES WAS I THINK THAT'S ONE THING THEY'RE TRYING TO ADDRESS AND COME UP WITH IDEAS. >> Smith: YOU SOUND LIKE, FROM WHAT YOU'RE SAYING, ARLINGTON SEEMS TO HAVE BEEN, SO FAR, MAYBE A LITTLE BIT MORE SUCCESSFUL IN THE COURT CASES BECAUSE THE DATA THAT THEY GATHERED AND THEY USED? AS I SAID, THERE'S RIGHTS ON BOTH SIDES. BOTH PROPERTY OWNERS HAVE RIGHTS AND SOMEWHERE THERE'S GOT TO BE A BALANCE. FROM WHAT I'M HEARING YOU SAY IS IF YOU HAVE THE RIGHT FACTS, YOU CAN PROVE SOMETHING'S A NUISANCE OR SOMETHING'S NOT A NUISANCE. YOU CAN BETTER COME UP WITH WAYS TO CONTROL IT TO WHERE IT IS BENEFICIAL TO THE CITY AS A WHOLE AND TO THE RESIDENTS AS A WHOLE. IS THAT CORRECT? DID I HEAR THAT CORRECTLY? >> YES, SIR. I THINK THE COURTS ARE BOUND BY THE LAW AND THE LAW ON A NUMBER OF THESE CONSTITUTIONAL ISSUES, REQUIRES A COMPELLING INTEREST OF THE CITY TO ACT MOST NARROWLY-TAILORED PURPOSE TO ACHIEVE THAT. THAT'S WHY I WAS TALKING ABOUT OTHER REGULATORY SCHEMES THAT CITIES HAVE EMPLOYED ABOUT REGULATING CERTAIN TYPES OF CONDUCT THAT IMPLICATES THE FIRST AMENDMENT AND OTHER CONSTITUTIONAL RIGHTS. IF YOU CAN BUILD A ROBUST CASE AND IDENTIFY WHY THERE IS A COMPELLING NEED TO DO SOMETHING AND THEN YOU LOOK FOR A NARROWLY-TAILORED RESPONSE FOR IT, THEN YOUR CHANCES OF BEING SUCCESSFUL ARE A LOT GREATER. AND I THINK THAT'S WHY -- AND WHO KNOWS WHAT'S GOING TO HAPPEN IN THE ARLINGTON CASE. I DON'T. I THINK THE ARLINGTON CASE HAS A BETTER CHANCE OF SUCCESS BECAUSE IT APPEARS TO HAVE DONE THAT. ALL WE KNOW IS WHAT'S IN THE CASE. >> I WANT TO PUT OUT ONE NUANCE ABOUT THE ARLINGTON CASE, WHILE WE'RE TALKING ABOUT THAT. I THINK THE CITIES HAVE BEEN LARGELY UNSUCCESSFUL IN TARGETING STRs WITH SPECIFIC NUISANCE REGULATIONS BECAUSE THE COURTS HAVE FOUND IN THOSE PARTICULAR FACT INSTANCES THE DATA DIDN'T SUPPORT IT. AND SO THEY DIDN'T THINK IT WAS A COMPELLING INTEREST OR NARROWLY TAILORED SO THEY THINK YOU SHOULD USE THE NUISANCE ORDINANCE AS YOU HAVE AT LARGE TO DEAL WITH THOSE PARTICULAR INSTANCES OF PARKING TRASH CRIME WHATEVER. ARLINGTON HAS SOME ASSEMBLY RESTRICTIONS ON ITS REGISTRATION PROGRAM AND THE COURT IN THAT CASE FOUND THAT THE HOMEOWNER DID NOT HAVE STANDING TO CHALLENGE THE ASSEMBLY RESTRICTIONS THAT WERE VERY STRONGLY STRUCK DOWN IN AUSTIN. SO THOSE AREN'T BEING EVALUATED RIGHT NOW BY THE COURT BECAUSE THERE'S NOT A PLAINTIFF THERE THAT HAS THE AUTHORITY TO CHALLENGE THAT. BECAUSE YOU NEED A TENANT O A GUEST OF ONE OF THESE STRs, AND THEY DON'T HAVE THAT RIGHT NOW. SO I WANT TO BE CAREFUL -- I DO THINK THAT ARLINGTON DID A GREAT JOB IN THE DATA DEVELOPMENT AND IT'S VERY ROBUST AND THEY PUT A LOT OF THOUGHT INTO HIRING A CONSULTANT AND MAPPING AND CREATING THEIR ZONING REGULATIONS, WHICH I THINK THEY HAVE A GOOD CHANCE OF MOVING FORWARD WITH IN A SUCCESSFUL WAY. I DO THINK THEY MAY HAVE SOME ISSUES THAT WILL NOT BE EVALUATED BY THE COURT BECAUSE THERE'S NOT A PLAINTIFF. AND I DON'T THINK CITIES SHOULD TAKE THAT TO MEAN THAT'S OKAY. BECAUSE IT WAS VERY STRONGLY REJECTED IN AUSTIN. >> I THINK THAT'S A GOOD COMMENT AND I DIDN'T MEAN TO SUGGEST THAT -- I WAS TRYING TO TELL YOU I DON'T KNOW WHAT'S GOING TO HAPPEN IN THE CASE. THAT CASE HASN'T BEEN TRIED YET SO WE DON'T KNOW. I DO THINK THE APPROACH THAT ARLINGTON IS TAKING, IT LOOKS LIKE -- I HAVEN'T SEEN ALL THE DATA, BUT IT LOOKS LIKE IT'S A GOOD APPROACH IF YOU WANT TO REGULATE BASED UPON ZONING, BECAUSE YOU'RE BUILDING GROUNDS WHERE YOU'RE TRYING TO GO. >> Smith: I APPRECIATE IT. THANK YOU. >> BASICALLY FOLLOWING UP ON WHAT COUNCILMEN WILLIAMS AND SMITH TALKED ABOUT. IT WOULD SEEM THAT BASED ON THE CASE LAWS THAT GOING BACK TO THE DRAWING BOARD, WHICH IS THE ZONING DEFINITION OF WHAT IS CONSIDERED RESIDENTIAL, WHAT IS PROHIBITED WITHIN THE NEIGHBORHOOD WOULD BE PROBABLY THE MOST LOGICAL APPROACH BASED ON WHAT HAS BEEN, YOU KNOW, COMING DOWN FROM THE COURT AND COURT OF APPEALS. DOES THAT SOUND RIGHT? >> SO I WLD CAUTION YOU BECAUSE THE COURTS ARE -- I THINK THIS IS JUST BASIC PROPERTY LAW. THE RIGHTS YOU HAVE WHEN YOU OWN A PROPERTY, WHEN YOU OWN YOUR HOME, INCLUDES THE RIGHT TO LEASE. THE QUESTION IS HOW FAR DOES THAT RIGHT TO LEASE EXTEND AND WHAT LIMITATIONS CAN YOU PLACE ON IT? AT LEAST IN THIS CONTEXT, I DON'T KNOW THE ANSWER TO THAT QUESTION. >> Tu: MY QUESTION THOUGH IS SPECIFICALLY IF WE WERE WANTING TO DO SOMETHING TO PROTECT BOTH THE RIGHTS OF OUR NEIGHBORS AS WELL AS, YOU KNOW, THE STR TO MAKE SURE THAT THEY DON'T GET -- THE PLACE TO GO IS BACK TO THE DRAWING BOARD, WHICH IS THE ZONING -- OUR ZONING ORDINANCES. IS THAT WHAT WE'RE SAYING? >> THAT SOUNDS A LOT LIKE A DECISION THAT PEOPLE WHO GET ELECTED TO OFFICE MAKE -- [ LAUGHTER ] I DON'T THINK I SHOULD BE TELLING YOU WHAT TO DO. >> Tu: BUT ISN'T THAT WHAT ARLINGTON DID? THEY BASICALLY MODIFIED -- MAYBE IT'S THAT CHU CASE -- WHERE THEY WENT BACK AND MODIFIED THE DEFINITION IN ORDER TO -- >> REMEMBER, THEY DID TWO THINGS. THEY STARTED WITH THE REGISTRATION. >> Tu: YES. >> THE REGISTRATION -- >> Tu: WHICH I THINK IS ON OUR PLATE TOO. THAT'S NOT SOMETHING THAT I'M ACTUALLY WORRIED ABOUT. >> THAT'S ANOTHER TOOL. THAT'S ANOTHER TOOL IN YOUR TOOLBOX TO USE TO BE ABLE TO GET DATA, TO HAVE ENFORCEMENT AND IMPROVE THE ORDINANCES YOU APPLY. EVERYWHERE THAT GIVES YOU MORE INFORMATION. CHIEF DRAIN, BECAUSE I'M FAMILIAR WITH OTHER CITIES THAT HAVE THIS PROBLEM. YOU DON'T GET A REPORT. IT'S HARD TO FIND THAT. OR YOU GET THERE AND YOU DON'T HEAR THE NOISE, IT'S HARD TO ISSUE THE CITATION. I THINK IF YOU'RE ASKING ME DO I THINK ZONING IS THE WAY TO APPROACH IT? YES. BUT YOU NEED TO UNDERSTAND THE LIMITATIONS. >> Tu: UNDERSTOOD. THANK YOU SO MUCH. >> I THINK, COUNCILMAN, WHAT WE PUT IN OUR SLIDES, IN OUR RED, YELLOW, AND GREEN. YELLOW THERE'S SOME RISWITH IT. AS MR. ABERNATHY AND RYAN ARE SAYING, THE CASE LAW IS NOT NEAR DEVELOPED ON THAT ISSUE BUT WE FEEL LIKE BECAUSE ARLINGTON SURVIVED THE INJUNCTIVE RELIEF IF YOU HAVE ROBUST DATA-DRIVEN SUPPORT THAT YOU COULD TAKE SOME RISKS THERE AND DO THAT. >> JUST A QUICK QUESTION. MATURED GO AHEAD. >> I WANTED TO MAKE SURE I WAS UNDERSTANDING CORRECTLY, ON THE ARLINGTON APPROACH THAT I UNDERSTAND THAT LITIGATION IS STILL ONGNG, BUT THAT SEEMS TO HAVE BEEN SUCCESSFUL SO FAR, EVEN WHERE THEY ALLOW SHORT-TERM RENTALS, THOSE SHORT-TERM RENTALS REQUIRE A LICENSE, AND IF THEY HAVE MULTIPLE VIOLATIONS OF PREEXISTING NUISANCE LAWS THAT LICENSE IS THEN REVOKED AND THE COURTS HAVE NOT ENJOYED THE ENFORCEMENT OF THAT? >> THAT'S RIGHT. PART OF WHAT YOU SEE IN THOSE CASES WHERE THERE IS A LICENSING OR REGISTRATION OR PERMITTING SCHEME THERE OFTEN IS AND I THINK IT'S TRUE IN THE CASE OF ARLINGTON, A PROCESS FOR EITHER REVOKING AN EXISTING LICENSE OR PERMIT OR REFUSING TO ISSUE A NEW ONE PROVIDED THAT, AND THIS IS IMPORTANT, PROVIDED THAT THERE HAS BEEN A FINDING ON THE MERITS OF A CERTAIN LEVEL OR NUMBER OF VIOLATIONS. SO I WOULD HAVE CONCERNS FROM A DUE PROCESS STANDPOINT TO SAY IF YOU'VE SERIOUS BEEN CITED FOR FIVE, SIX, SEVEN NOISE ORDINANCE VIOLATIONS THAT THAT WOULD MEAN THE CITY COULD REVOKE THAT PERMIT. BUT IF THERE HAS BEEN A FINDING FROM A COURT THAT IS NO LONGER SUBJECT TO AEAL AND IS FINAL, I THINK THERE CERTAINLY ARE CITIES THAT HAVE GONE WITH THAT APPROACH AND BUILT INTO THAT SYSTEM OR PROCESS A NUMBER OF OTHER DUE PROCESS DECISION POINTS FOR APPEAL OF THAT STR OWNERSHIP THE CITY WISHES TO REVOKE OR RESCIND OR REFUSE TO ISSUE A NEW PERMIT. SO THAT'S ONE OF THE WAYS IN WHICH THE CITIES HAVE FOUND TO SORT OF TARGET WHAT THEY FIND TO BE SORT OF PROBLEM PROPERTIES. BUT AT THE SAME TIME HAVING DECION ON THE MERITSN'TAVE FROM ANY OF THESE CASES WHERE AN OTHER THAN HAS CHALLENGED THAT TYPE OF PROCESS SO IT'S STILL A BIT OF AN UNKNOWN. >> THANK YOU, MR. PITTMAN AND MR. ANKER IN A THINK FOR THAT INFORMATION. >> AND LOOKING AT ARLINGTON IF THEY HAVE A PERMIT AND ARE CITED FOR A NUISANCE VIOLATION WHO IS CITED? IS IT THE GUEST AT THE LOCATION OR THE PROPERTY OWNER? >> I DEPENDS ON WHAT THE VIOLATION IS AND THE ORDINANCE BEING ENFORCED. IF WE'RE JUST TALKING ABOUT NOISE ORDINANCES, FOR EXAMPLE, I DON'T KNOW SPECIFICALLY WHAT AERIAL DOES, BUT I WOULD ASSUME THAT WHAT THEY DO IS SIMILAR TO WHAT OTHER CITIES DO, WHICH WOULD TO CITE THE ACTUAL PEOPLE WHO ARE ENGAGED IN THE CONDUCT THAT LED TO THE VIOLATION. SO IN THAT CASE IT MOST LIKELY WOULD BE THE TENANT OR THE GUESTS THAT WAS CI CITED. BUT THESE CITIES THAT HAVE GONE TO THE LICENSING AND PERMITTING SCHEME WOULD POTENTIALLY HOL THE OWNER OR OPERATOR OF THE FCR RESPONSIBLE IF THERE ARE A CERTAIN NUMBER OF VIOLATIONS FOUND AND DETERMINED FINDING OF GUILT OR A PLEA OF NO CONTEST PRESENTED BY WHOEVER WAS CITED, BUT WAS BEING ON THAT PROPERTY OR ASSOCIATED WITH THAT PROPERTY AND THAT'S WHERE SOME OF THE CITIES HAVE AT LEAST IN THEIR ORDINANCES, AGAIN UNTESTED, THE ABILITY TO REVOKE OR REFUSE TO ISSUE THAT NEW LICENSE. >> OKAY, THANK YOU. >> Mayor Muns: THANK YOU, GENTLEMEN. >> THANK YOU. >> Mayor Muns: OKAY. WE'RE MOVING TO COMMENTS OF PUBLIC INTEREST. THERE ARE OVER 26 OF YOU, WHICH DON'T HAVE ANYTHING TO DO WITH STRs. WE'RE GOING TO MOVE ITEM 5, WHICH IS THE STRs, BEFORE THE ITEMS OF INDIVIDUAL CONSIDERATION. NOW WE'LL HEAR COMMENTS OF PUBLIC INTEREST. WHAT I WANT WE'RE GOING TO LIMIT EVERYONE'S COMMENTS TO A MINUTE AND A HALF. SO THE 26 PEOPLE WHO ARE SPEAKING ON COMMENTS OF PUBLIC INTEREST YOU HAVE A MINUTE AND A HALF. IT WILL EXCEED OUR 30-MINUTE NUMBER BY A LOT, AND THEN FOR THE STR FOLKS, IT WILL ALSO BE A MINUTE AND A HALF. I'M GOING TO PLAY IT STRAIGHT ACROSS FAIR. WITH THAT BEING SAID, LIKE I SAID, WE HAVE 26 SPEAKERS, WE'LL DO THE CONSENT AGENDA AND THEN DO ITEM 5 NEXT. >> COMMENTS OF PUBLIC INTEREST, THIS PORTION OF THE MEETING IS TO ALLOW UP TO THREE MINUTE PER SPEAKER WITH 30 TOTAL MINUTES ON ITEMS OF CONCERN OR CONCERN AND NOT ON ITEMS THAT ARE ON TH 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. OUR FIRST SPEAKER THIS EVENING IS PATRICIA COLE AND SHE WI BE FOLLOWED BY SHARON OVERALL. >> GOOD EVENING. MY NAME IS PATRICIA COLE AND MY HUSBAND AND I RESIDE ON BRIGHT SR LE IN PLANO. I'M HERE TO PROTEST THE LAST SESSION THAT YOU HAD WHERE YOU DEFIED THE PLANNING DEPARTMENT AND THE P AND Z DEPARTMENT AND DECIDED TO GO AHEAD AND ALLOW A DEVELOPER TO DEVELOP MULTI-FAMILY HOUSING AT THE CORNER OF JUPITER AND LOS RIOS. I WANT TO KNOW HOW MANY PEOPLE OF OUR COUNCIL CHECKED IN TO THE OTHER THAN OR THE DEVELOPER. HE IS INVOLVED WITH OVER 20 OTHER COMPANIES. ALSO, HE JUST BUILT IN SAN ANTONIO A MULTI-FAMILY HOUSING UNIT IN 2020, LIKE HE'S PROPOSING, AND THEY HAVE CONSTANT COMPLAINTS. THE RENTERS SAY WE DO NOT GIVE THEM A GOOD RATING. THEY GET A TWO OUT OF FIVE STARS. THEY DON'T COMPLETE MAINTENANCE WORK, THEY DON'T TAKE CARE OF THE GARBAGE, THEY DON'T TAKE CARE OF THE PROPERTY. >> 20 SECONDS. >> IS THAT WHAT WE'RE GOING TO BE FACEDITH? IT SOUNDS LE IT TO ME. WE'VE BEEN TOLD THAT THE COUNCIL AND MAYOR LISTEN TO US, BUT TIME AND TIME AGAIN I'VE GOT SEVERAL EXAMPLES WHERE THEY SAID OH, NO, THAT WAS A PREVIOUS GROUP OR NO, WE JUST DON'T THINK THAT'S GOING TO WORK. SO JUST BE WEAR THERE'S A LOT OF PEOPLE ACROSS PLANO THAT ARE FAMILIAR WITH THIS PARTICULAR DECISION AND WILL THINK ABOUT IT WHEN THEY COME TO THE POLLS. [APPLAUSE]. >> ONE OF THE CITY COUNCIL'S DEUCE IS TO PASS ORDINANCES TO PROTECT THE CITIZENS OF PLANO FROM HARM. PASS AN ORDINANCE THAT PROHIBITS CIGARETTE SMOKING ON CITY OWNED PROPERTY AND PROHIBITS SMOKING -- SOMEONE'S SMOKE ON PRIVATE PROPERTY FROM DRIFTING ON TO SOMEONE ELSE'S PROPERTY OR PUBLIC PROPERTY WITHOUT THEIR CONSENT. DEAR SMOKER, HAVE YOU KILLED ANYONE TODAY? WHAT ABOUT THE FIRST GRADER WITH ASTHMA WAITING AT THE BUS STOP WHO SCRAMBLED TO FIND HIS INHALER IN HIS BACKPACK WHILE YOU WALKED BY SMOKING? ARE YOU SURE THE ELDERLY MAN WHO COLLAPSED AT THE MALL AS HE WALKED THROUGH OUR CLOUD OF SMOKE DIDN'T HAVE A STROKE JUST BY TRYING TO GO TO THE MALL? OR YOUR NEIGHBORHOOD WITH A HEART CONDITION WHO WAS ENJOYING HIS BACKWARD EARLY TODAY UNTIL YOU WENT OUTSIDE TO SMOKE. WHEN THE PLUME OF SMOKE DRIFTED OVER HIM H RUSHED INSIDE CLUTCHING HIS CHEST. WHAT ABOUT YOUR ADULT CHILD WHO LIVES WITH COPPED BECAUSE THEY GREW UP WITH SMOKING AROUND THEM? YOU HAVE CHECKED ON THEM TODAY? WHAT ABOUT YOUR NEIGHBORHOOD WITH EMPHYSEMA WHO WAS HAVING A CUP OF COFFEE ON THEIR PATIO THIS MORNING AND HAD TO RUSH INSIDE WHEN YOU WENT OUTSIDE TO SMOKE? IS SHE OKAY? ARE YOU SURE? DEAR SMOKER, HAVE YOU KILLED ANYONE TODAY? ARE YOU SURE? THANK YOU. [APPLAUSE]. >> THE NEXT SPEAKER IS RUSSELL AT KINS FOLLOWED BY LOVE PURSINGH. >> GOOD AFTERNOON, MAYOR, COUNCIL MEN, THANK YOU FOR THIS TIME TO COME TO SPEAK. I'MHERE TO SPEAK ON THE PLANNING AND ZONING THAT YOU APPROVED ON LAST MONTH. I ATTENDED THE PLANNING AND ZONING MEETING WHICH WAS UNANIMOUSLY VOTED DOWN 8-0. THERE WAS OVER 800 PETITIONS SENT OUT TO THE LOCAL MEMBERS OF THAT COMMUNITY WHERE I BELIEVE 800 APPROVD OF IT. AND I WANTED TO COME HERE AS A -- I'M A RESIDENT OF PLANO. I WAS BORN IN LUBBOCK, LIVED IN HOUSTON. I LIVE HERE IN PLANO. DOME ASK IF WE COULD GO BACK AND LOOK AT THIS DECISION. IF WE COULD TAKE THIS PLAN AND MAYBE TRY TO RELOCATE IT? UNDERSTAND THE IMPLICATIONS OF LAWS AND DIFFERENT THINGS LIKE THAT? THIS IS NOT THE RIGHT LOCATION FOR THIS PLAN FOR THIS PROJECT THAT YOU APPROVED FOR MANY REASONS. TRAFFIC, FESTIVALS THAT WE HAVE THERE, DIFFERENT THINGS LIKE THAT. SO I'M ASKING IF WE COULD RETABLE THIS AND LOOK TO SEE IF WE HAVE SOMEPLACE TO GO TO MAKE THIS PLAN WORK FOR NOT ONLY THE RESIDENTS OF TIMBER BROOKE, BUT THE CITY OF PLANO BECAUSE THIS IS NOT GOING TO BE GOOD FOR THIS AREA. MANY OF YOU PROBABLY WON'T BE HERE WHEN IT DOES, BUT I'M TELLING YOU IT NOT GOING TO WORK. [BELL RINGING]. >> AND DR. KING SAID AND THE REASON I CAME HERE IS OUR LIVES BEGIN TO END THE MOMENT WE REMAIN SILENT ON THINGS THAT MATTER, AND THIS MATTERS TO US. THANK YOU. [APPLAUSE]. >> WE CAN RESPOND WITH FACTUAL INFORMATION, CORRECT? AND WE DISCUSSED THIS AT THE LAST MEETING. PLEASE CHRONIC ME IF I'M WRONG. ALTERNATE LOCATIONS WERE PROPOSED, BUT WERE NOT ACCEPTED BY THE APPLICANT. [OFF MIC]. >> I ONLY HAVE A MINUTE AND A HALF TO SPEAK. TALKING ABOUT THE SAME LOS RIOS AND JUPITER DEVELOPMENT. I BELIEVE THIS THIS COUNCIL IS ABOUT TO MAKE A VERY BAD DECISION. THAT DECISION WHICH I'M SURE MANY OF YOU VIEW AS A SMALL SACRIFICE HAS DEVELOPED INTO A SITUATION WHERE THOUSANDS OF HOMEOWNERS IN THIS AREA FEEL HURT, BETRAYED, MISLEAD AND LIED TO. FOR ME PERSONALLY AFTER EXPLORING MULTIPLE LAWS IN MULTIPLE CITIES BY FATHER-IN-LAW ASKED ME TO BUILD A HOUSE ON JUPE PER RIGHT NEXT TO THAT DEVELOPMENT. IT WAS DONE WITH MUCH THOUGHT AND FULL DUE DILIGENCE. I PERSONALLY SPOKE TO P AND Z ANDCY SHOULD THAT THE PROPERTY NEXT DOOR TO MINE WAS A SINGLE-FAMILY. I WAS TOLD THAT THE COMPREHENSIVE PLAN FOR PLANO WOULD PROVIDE ME PEACE OF MIND BECAUSE NOTHING ELSE COULD ON POTENTIALLY BE BUILT THERE. I WAS EXCITED TO BUILD THIS HOME. ALMOST TWO YEARS LATER, I'M AT THE FINAL STAGES OF OBTAINING ONE OF MY MOST SIGNIFICANT LIFE GOALS, A HOME. I'VE INVESTED EVERY PENNY THAT I HAVE AND LIKELY EVERY PENNY THAT I'LL MAKE IN THE NEXT 20 TO 30 YEARS INTO THIS. NOW THAT I'M READY TO STAGE I'M TOLD THAT THE ENTIRE PLAN HAS BEEN THROWN OUT THE WINDOW. THE EXISTING CITIZENS OF THE AREA WILL BE SACRIFICED FOR THE GREATER GOOD. IT'S AN ABSOLUTE TRAGEDY. DURING THE MEETING WHERE THE VOTE WAS CAST AND DURING MANY COMMENTS MADE BY THE COUNCIL WHERE IT WAS OBVIOUS THAT THE CITY COUNCIL DID NOT THINK THIS WAS A GOOD IDEA, P AND Z DIDN'T THINK IT WAS A GOOD IDEA. [BUZZER]. IT WAS VERY APPARENT NOBODY THOUGHT IT WAS A GOOD IDEA. I'M GOING TO ASK YOU A QUESTION AND I'D LIKE YOU TO RAISE YOUR HAND IF YOU AGREE WITH THE FOLLOWING STATEMENT. IN THIS INSTANCE THE VARIANCE TO THE COMPREHENSIVE PLAN WAS GREED UPON SOLELY DUE TO THE THREAT OF A LAWSUIT. PLEASE RAISE YOUR HAND IF YOU THINK THAT'S TRUE? NOBODY. >> YOUR TIME'S U THANK YOU. GUYS GUYS. APPRECIATE IT. THANK YOU. [APPLAUSE]. >> THE NEXT SPEAKER IS TINDER MANN AND HE HR S WILL BE FOLLOWED BY LYDIA ORTEGA. >> MY NAME IS PAUL MANN AND I LIVE AT 6612 JUPITER ROAD. I AM THE GUILTY FATHER-IN-LAW THAT WAS JUST MENTIONED WHO CONVINCED HIM TO GIVE UP ALL HIS OPPORTUNE IDEAS TO COME TO THE CITY AND BE MY NEIGHBOR. YOU GUYS CHANGED THE RULES I HAV. COULD HAVE TAKEN THREE TO FOUR MINUTES. TIME WAS ALLOTTED TO FIVE MINUTES, NOW IT'S A MINUTE. WHAT DO I DO, GIVE COPIES TO EVERYBODY. WHAT CAN I SAY IN A MINUTE WHEN I CAME TO TALK FOR THREE OR FOUR MINUTES? LAST MEETING THE RULE WAS CHANGED BECAUSE WE COULD NOT REGISTER ONE SECOND LATE, WE COULDN'T SPEAK. THIS TIME WE COME TO SPEAK, OTHER THINGS ARE PRIORITY, AND WE HAVE ONE MINUTE. ONE MINUTE I HAVE IS I AM BEING RAILROADED IN THE ZONING CHANGE INDIVIDUALLY. I HAVE A ROAD ACCESS GIVEN TO ME BY CITY OF PLANO BEFORE I BOUGHT THE PROPERTY. I CANNOT EXPLAIN IN ONE MINUTE WHY THE ROAD WENT AWAY. >> 20 SECONDS. >> IN 2015 I WENT TO THE CITY WHEN THE SINGLE-FAMILY DEVELOPMENT WAS APPROVED AND THE CITY AGREED WITH MY QUESTION AND MY [INDISCERNIBLE] AND MY INFORMATION AND THEY MADE ME AN ACCESS ROAD. SAME NOTE, SAME INFORMATION I TOOK AFTER YOU GUYS APPROVED THE REZONING -- [BUZZER]. WENT BACK TO THE CITY AND NOW WHAT HAPPENED TO MY ROAD? NOTHING CHANGED. I HAVE THE SAME ROAD, SAME PROMISES, SOMETHING I HAD IN 2015. THIS TIME THE CITY'S ANSWER IS CITY IS NOT OBLIGATED TO GIVE YOU AN ACCESS. WHAT THE HELL? WHY CAN'T I BE TREATED AS A TAX PAYING CITIZEN BETTER THAN A SAN ANTONIO INVESTMENT? >> Mayor Muns: THANK YOU. >> THEY HAVE ALL THE RIGHTS AND I HAVE NOTHING? I NEED THE ROAD REINSTATED. ANYBODY O WAN TO LISTEN I HAVE ACARVE THE WHOLE STORY AND IF YOU DON'T APPROVE IT, AT LEAST LISTEN TO ME. THE COUNCIL PEOPLE HAVE TO LISTEN TO ME ONE AT A TIME OR ALL OF THEM. I CANNOT BE RAILROADED AFTER 26 YEARS I HAVE BEEN SITTING ON A PLANO PROMISE THAT WHENEVER DEVELOPMENT HAPPENED ON MY PROPERTY I'LL BE TAKEN CARE OF. >> Mayor Muns: I'LL MEET WITH YOU. >> SOMEBODY HAS TO LISTEN HERE OR IN THEIR OWN OFFICES. >> Mayor Muns: WE'LL DO IT. [APPLAUSE]. >> HI, LYDIA ORTEGA. I'M HERE TO SPEAK ON THE EMINENT DOMAIN ACTION ON THE MONTESSORI HOME. I HAVE A QUESTION FOR YOU ALL? DOES PLANO STILL VALUE YOU BECAUSES. FAMILIES VALUE THE SERVICES PROVIDED, SO MUCH SO THAT THE SCHOOL CANNOT MEET DEMAND. I KNOW THE MASTER PLAN IS NOT CARVED IN STONE. I THOUGHT IT WAS. BUT PLANNING AND ZONING REGULARLY COLLABORATES WITH LANDOWNERS AND DEVELOPERS TO REACH AGREEMENTS ON THE NUMBER OF RENTAL HOUSING UNITS AND THE COMMERCIAL ACTIVITY NECESSARY TO BE PROFITABLE. THE MASTER PLAN IS CERTAINLY MALLEABLE WHEN BILL DEVELOPERS AND PROFITABILITY ARE INVOLVED. I THINK THAT PLANNING AND ZONING SHOULD BE EQUALLY MALLEABLE IN AN EMINENT DOMAIN CASE PARTICULARLY WHEN THERE ARE OPTIONS FOR BOTH THE PUBLIC GOOD AND ALLOWS SMALL BUSINESS TO GROW. THIS IS AN ISSUE OF FAIR FAIRNESS. SHE HAS PROVIDED SUCH AN OPTION AND WORKED WITH PLANNING ANDONING TO REACH AN AGREEMENT ON A PORTION OF HER PROPERTY FOR THE PROPOSED BIKE TRAIL. THIS OPTION MAY NOT ACCEPT THE ARCHITECTS OR ENGINEERS WHO COUNT COSTS BUT NEITHER GROUP CONSIDERS VALUES. IT'S UP TO THE CITY COUNCIL TO WEIGH VALUE. AND THE VALUE PLANO PARENTS PLACE ON MONTESSORI'S CHILDREN'S HOME IS EVIDENT IN THEIR ACTIONS. THEY ARE VOTING WITH THEIR DOLLARS FOR THIS SMALL BUSINESS. [BUZZER]. TIME TO COMPROMISE, ADVOCACY. THANK YOU. [CHEERS AND APPLAUSE] >> THE NEXT SPEAKER IS JOAN CONGELL WHO WILL BE FOLLOWED >> JOAN, 3101, TIMBER BROOKE ESTATES. I'M HERE TO TALK ABOUT THE PER.NING AT LOSROIS AND JUP MUCH OF WHAT I WANTED TO SAY HAS ALREADY BEEN SAID, BUT I HAVE TO SAY I FIND IT INCREDULOUS THAT WE CAN TALK ABOUT THE PROPERTY RIGHTS OF THE NEIGHBORS OF THE ADJOINING PROPERTY ON THE STR DISCUSSION. WHAT ABOUT THE PROPERTY RIGHTS OF THE OWNERS OF THE OTHER PROPERTIES AT JUPE PER AND LOS RIOS. I HAVE SEVERAL QUESTIONS. WHAT WERE YOUR REASONS FOR THE DENIAL? A DISCUSSION IN EXECUTIVE SESSION, A FEAR THE FEDERAL GOVERNMENT SNGHEITY? C A DISCUSSION OR -- I'M SORRY, WAS THE APPROVAL OFFERED AS AN APIECEMENT? WHICH WAS THE PROPERTY SOUTH OF MEDICAL CITY TURNED DOWN? WHAT WAS THE REASONING FOR APPROVING THE LETTER OF SUPPORT TO BEGIN THIS PROCESS. IT WAS STATED THAT THE ZONING REQUEST NEEDED TO BE APPROVED SO THAT OUR ZONING DECISIONS REMAIN OUR OWN AND NOT TO GIVE OVERCONTROL OF OUR ZONING DECISIONS TO THE FEDERAL GOVERNMENT. IN ESSENCE HAVEN WEONE THAT? [APPLAUSE]. >> GOOD EVENING. MY NAME IS SYDNEY SHELTON. I'M HERE TO TALK ABOUT THE EMINENT DOMAIN FOR THE MCA, MONTESSORI CHILDREN'S HOUSE. MY FOUR-YEAR-OLD HAS BEEN ATTENDING MCH SINCE HE WAS ONE AND THERE ARE A FEW CHILD DEVELOPMENT CENTERS NEAR OUR HOME IN PLANO. LIKE US, MANY FAMILIES WHO HA YOU KID AND HAVE THE PRIORITY OF GIVING THEIR CHILD A SAFE EDUCATION AND POSITIVE MENTAL DEVELOPMENT HAVE CHOSEN MCH BECAUSE OF ITS REPUTATION AND EXCELLENCE CHILD DEVELOPMENT WITH ACCESS TO THE OUTSIDE AND NATURAL AND NATURE WITHIN A SAFE ENVIRONMENT. WE HAVE INVESTED INTO WHAT THE SCHOOL CURRENTLY HAS TO OFFER WITH ITS EXCELLENT STAFF AND SAFE ACCESS TO NATURE AND THE VISION OF WHAT THE SCHOOL WILL BE IF MCH IS ALLOWED UNOBSTRUCTED ACCESS TO ITS SCHOOL PROPERTY WITHOUT THE FEAR FOR THE SAFETY OF THEIR CHILDREN FROM THE PROPOSED ADDED VISIBILITY FROM THE PUBLIC WITH SCHOOL PROPERTY AND ITS UNOBSTRUCTED ACCESS TO NATURE IS TAKEN AWAY. WE PLAN ON ENROLLING OUR SIX-MONTH -- 16-OLD-MONTH IN WHICH HE WOULD BE ATTENDING THE NEXT FOUR YEARS, BUT WITH THE SAFETY CONCERNS ADDED BY THE CITY OF PLANO CITY OF -- WHERE AND TO PLAY AND GET OUT ON SUPERVISED NATURE WALKS WILL PUT THE COMMUNITY'S CHILDREN IN DIRECT VISIBILITY FOR THE TEMPTATION OF THE PUBLIC. [BUZZER]. PLUS WILL TAKE AWAY FROM THE NATURAL BEAUTY AND NATURE THE PUBLIC HAS TO OFFER. IF THIS CONTINUED SAFETY OF THE COMMUNITY'S CHILDREN ISN'T A PRIORITY FOR THE CITY OF PLANO, INSTEAD PROTECT THE DREAM THAT WAS FROM THE BEGINNING OF WHAT MVH COULD BE, WHICH CHILDREN HAVE UNOBSTRUCTED ACCESS TO THE LITTLE NATURE THAT REMAINS IN PLANO. THANK YOU VERY MUCH. [APPLAUSE]. >> GOOD EVENING, THANK YOU FOR THIS COMMUNITY. I'M GOING TO GO FAST TOO SINCE WE HAVE A MINUTE AND A HALF. I'M SPEAKING FOR MONTESSORI CHILDREN'S HOUSE AS WELL. LAST TIME I WAS HERE FOR MY SON WHO WON A WRESTLING CHAMPIONSHIP. THIS IS A TURN OF EVENTS FOR ME. I'M HERE AS AN EAR CHILDHOOD EXPERT, TODDLER EXPERT AND CHILDCARE CONSULTANT. YOU'RE TAKING AWAY NATURE FROM CHILDREN? DO YOU KNOW WHAT IT DOES FOR CHILDREN HAVING THIS ACCESS TO OUTSIDE? DO Y'ALL KNOW? Y'ALL HAVE CHILDREN. BEING OUTSIDE IS INVALUABLE. THERE'S NO MONEY YOU CAN PUT ON IT. I KNOW EMINENT DOMAIN SAYS THAT YOU CAN GIVE FAIR, JUST AMOUNT OF MONEY FOR THIS LAND. THERE'S NO AMOUNT OF VALUE YOU CAN DO FOR NATURE. I HAVE A LIST OF ALL THE ATTRIBUTE NATURE DOES, BUT WE KNOW, WE KNOW WHAT NATURE DOES FOR US. DO YOU KNOW SINCE THE 1980S, 30% OF -- CHILDREN HAVE LOST 30% OF THEIR MUST SELL ZONE BECAUSE THEY DON'T PLAY OUTSIDE. OUTDOOR CLASSROOMS HAVE GROWN. WE NEED TO KEEP THIS IN PLANO. IT'S ONE OF THE FEW ACCESSES WE HAVE. I DON'T KNOW IF YOU'VE WALKED THERE, BUT I WALKED THERE LAST WEEK AND IT WAS VERY SCARY TO KNOW THAT A PUBLIC OPEN ACCESS COULD BE THERE BECAUSE THE CHILDREN ALL SIT DOWN AT THE FENCE AND THEY WATCHED US AS WE WALKED BY. THAT'S WHAT WILL HAPPEN TO THE CHILDREN THERE. PLEASE RECONSIDER. KNOW THERE'S A LAWSUIT AND YOU CAN'T TALK ABOUT IT. BUT EMINENT DOMAIN IS OLD AND SHOULDN'T BE ENFORCED FOR A BIKE TRAIL. THANK YOU. [APPLAUSE]. >> GOOD EVENING, I WORK FOR THE [INDISCERNIBLE] AT MCH. WE HAVE NEVER ENDING REQUESTS TO TAKE MORE INFANTS. IN ORDER TO ACCOMMODATE OUR GROWING NUMBERS A NEW INFANT ROOM NEEDED TO BE BUILT. AND BECAUSE OF THE ONGOING SUITS AND OUR INABITY TO EXPAND ON OUR PROPERTY, A LARGE PORTION OF THE MULTIPURPOSE ROOM NEEDED TO BE TAKEN TO BUILD THE INFANT ROOM. THIS IS USED FOR NAP TIMES, MUSIC LESSONS, FESTIVALS, CONCERTS AND PARENT-TEACHER EVENTS. IT IS DIFFICULT NOW TO COORDINATE ALL THIS ACTIVITY IN THE SMALL SPACE. WE MUST ALSO SCHEDULE THE INFANT NAPS AND FEEDING TIMES AROUND MANY OF THE ACTIVITIES GOING ON IN THE [INDISCERNIBLE] DUE TO THE NOISE THAT MANY OF THESE ACTIVITIES PRODUCE. THIS YEARS LONG CAS HAS STOPPED OUR ABILITY TO EXPAND OUR BUILDING AND OUTDOORS, PLAY SPACE AND ACCOMMODATE THE NEEDS OF OUR COMMUNITY CHILDREN FOR A MONTESSORI EDUCATION. FOR THESE AND MARY OTHER REASONS WE'RE ASKING YOU TO RECONSIDER THE CITY USE OF EMINENT DOMAIN ON OUR PROPERTY AND USE WITH ONE OF THE OTHER OPTIONS YOU HAVE. I APPRECIATE YOUR TIME AND CONSIDERATION. [APPLAUSE] >> THE NEXT SPEAKER IS TOMINA BEACON, FOLLOWED BY ELIZABETH BRENNER. >> MY NAME IS STEPHANIE AND I WORK AT THE MONTESSORI HOUSE. LET ME SAY THANK YOU FOR WELCOMING ME AND MY PEERS TO THE ROOM TO SPEAK TO THE MATTERS AT HAND. I WOD LIKE TO PROCEED BY STATING A FEW WORDS ON BEHALF OF MY FELLOW COLLEAGUES. AT OUR SCHOOL WE HOST MANY OUTDOOR ACTIVITIES FOR OUR CHILDREN TO TRULY MARCH THEMSELVES IN THE LEARNING ENVIRONMENT COMFORTABLY WITH JOY AND FREEDOM TO EXPLORE. PRIVACY AND SAFETY ARE PARAMOUNT WHEN IT COMES TO THE STUDENTS. THEREFORE A FENCE HAS BEEN INSTALLED OUTSIDE THE SCHOOL TO CREATE A BOUNDARY BUT IT'S SEE-THROUGH SO CHILDREN CAN ENJOY MORE OF NATURE. HOWEVER, BY WELCOMING STRANGERS TO WALK OR BIKE WITH THE ABILITY TO WATCH OVER OUR CHILDREN WOULD SIMPLY RENDER OUR LEARNING ENVIRONMENT AS UNSAFE. AS YOU MAY KNOW WE IN OUR SOCIETY ARE SURROUNDED BY MANY HOSTILE INDIVIDUAL THAT COULD INFLICT HARM ON OTHERS. >> 20 SECONDS. >> AND WE KNOW THAT OUR CHILDREN WOULD BE EASY PREY. ANY INDIVIDUAL ON THE TRACK WITH THE WRONG INTENTION COULD EASILY CLIMB OVER THE FENCE AND IMPOSE HARM IN THE BLINK OFN EYE. WHEN IT COMES TO CHILDREN ADJACENT TO A STRANGER ON THE TRACK, THE POSSIBILITY ARE ENDLESS OF WHAT COULD GO WRONG. [BUZZER]. I HAVE TO STOP NOW? THANK YOU. [APPLAUSE]. >> GOOD EVENING, MY NAME IS ELIZABETH BRENNER AND I STAND HERE TODAY VERY UPSET AND FRUSTRED BY POSSIBILITY OF THE CITY' DECISION ON MY SON'S SAFETY. ONE OF THE MAIN REASONS WE CHOSE MONTESSORI CHILDREN'S HOUSE WAS A SECLUDED AREA AND NATURE FRIENDLY YOU CURRICULUM THEY HAVE. THE PROPOSED BIKE TRAIL WILL IMPOSE AND IMPACT MY SON'S SECURITY AND LIMIT HIM TO HAVE ACCESS TO EXPANSION OF THE SCHOOL WHERE NEW CLASSROOM AND A NEW PLAYGROUND WILL BE CONSTRUCTED IN ADDITION TO LIMITING HIS ACCESS TO THE NATURE LESSONS. SINCE THE BEGINNING HIS EFFEY HAD A PLAN TO EXPAND THIS SCHOOL. SHE HAS WORKED SO HARD TO CONTINUE THE EXPANSION AND NOW THAT E'S READY TDO SO SHE'S LIMITED TO FINISHING HER DREAM OF PROVIDING A SAFE SPACE FOR CHILDREN TO GROW AND LEARN. IN THE LIGHT OF THE RECENT SCHOOL SHOOTINGS, IT IS OF EXTREME IMPORTANCE TO THINK ABOUT THE EXTRA LAWYERS OF SECURITY WE HAVE TO HAVE IN -- LAYERS OF SECURITY WE HAVE TO HAVE IN PLACE TO PROTECT OUR CHILDREN AND HAVING THIS TRAIL WILL INCREASE THE TRAFFIC FOOTPRINT EXTREMELY CLOSE TO THE SCHOOL. THIS EASY ACCESS TO THE SCHOOL WILL PROMOTE AN INCITE PREDATORS, VANDALS AND AFFECT THE SAFETY OF THE CITY. THANK YOU FOR YOUR TIME. >> THE NEXT SPEAKER IS KELLEY THORNBURG FOLLOWED BY RUTH PLATT. >> GOOD EVENING, I DON'T KNOW IF I'M ALLOWED TO DO BUT I HAVE ABOUT SEVEN MINUTES ON THREE PAGES. AM I ALLOWED TO APPROACH THE COUNCIL MEMBERS? >> [INAUDIBLE]. >> I AM AN EMPLOYEE OF THE MONTESSORI CHILDREN'S HOUSE. I WEAR MANY HATS. THE MOST IMPORTANT ONE IS THE SAFETY OF THE CHILDREN. I CHECK THE PLAYGROUNDS, I MAKE SURE ALL THE FIRE STUFF THAT WE HAVE AN ESCAPE ROUTE, I DO ALL THAT. AND SO NOW I WANT TO ADDRESS WHAT'S GOING ON WITH THE CITY AND THE LD. IF YOU LOOK AT THE FIRST TWO PICTURES ON THAT FIRST PAGE, THOSE ARE THE PICTURES THAT YOU'VE SEEN IN THE NEWS. IT'S TAKEN FROM A LONG SHOT. YOU CAN SEE. IF YOU WILL TURN TO THE SECOND PAGE IT SHOWS HOW CLOSE THAT TRAIL IS TO THE CHILDREN'S PLAYGROUND. IF YOU LOOK AT THE FIRST ONE TOP LEFT YOU'RE LOOKING RIGHT DOWN WHERE THE TRAIL WILL BE. TOP RIGHT IS ANOTHER SHOT OF IT. IF YOUOOK BOTTOM END YOU CAN SEE WHERE I SHOT FROM ONE END GOING TO THE OTHER END. THE NEXT ONE IS FROM THE OTHER END AND YOU CAN SEE THE CHILDREN ARE ALL RIGHT THERE BY THE FENCE. AND IF YOU TURN TO THE LAST PAGE THIS IS ME STANDING ON THE TRAIL LOOKING UP AT THE CHILDREN. I JUST ASK YOU FOR A MOMENT, I BLACKED OUT THE FACES OF THOSE CHILDREN -- [BUZZER], SO THAT THEY CANNOT BE SEEN. I'M ASKING YOU TO PUT YOUR CHILD OR GRANDCHILD'S NOISE OF THAT CHILD AND SEE HOW YOU WOULD VOTE. >> Mayor Muns: THANK YOU. [APPLAUSE]. >> ALSO, REAL QUICK, PLEASE FEEL FREE TO COME BY AND I'LL SHOW YOU THE LAND. APPRECIATE IT. [APPLAUSE]. >> MY NAME IS RUTH PLATT AND I LIVE IN EAST PLANO AND I'M ALSO HERE TO PROTEST THE REZONING OF THE RESIDENTIAL MULTI-FAMILY DWELLING AT JUPITER AND LOS RIOS. I HONESTLY CANNOT BELIEVE THAT YOU GUYS OVERRULED THE UNANIMOUS PLANNING AND ZONING COMMITTEE WHICH VOTED EIGHT TO ZERO AGAINST THIS REZONING PLAN. YOU WENT AGAINST CITY POLICY WHICH RECOMMENDED THAT THAT THAT BUILT AS PART OF MIXED USE OR TRANSIT ORIENTED DEVELOPMENT. AND THEN THE CITY STAFF WHO SAY THE ZONING WAS WELL OUTSIDE THE CHARACTER OF THE YOU WENT AGAINST THE PLANO COMPREHENSIVE PLAN THAT WAS APPROVED LESS THAN A YEAR AGO AND LIMITED MULTI-FAMILY APARTMENTS IN THE AREA TO LESS THAN 20%........... PLANO ZONING ORDINANCE WHICH SPECIFIES THAT AMOUNTS BE SPECIFIED AT MAJOR INTERSECTIONS AND WENT AGAINST THE ADD 50 PEOPLE IN THAT AREA THAT WAS OPPOSED TO THE ZONING. ALL THAT YOU GUYS VOTED AGAINST. CRAZY. BUT THE WORST THING DID YOU FOR THE CITY OF PLANO IS SET A PRECEDENCE. IF YOU CAN VOTE AGAINST THIS ZONING CHANGE THAT HAD ALL THESE RED FLAGS, THERE IS NOT A ZONING CHANGE THAT YOU GUYS CAN EVER VOTE AGAINST. IF A DEVELOPER WANTS TO CHANGE THE ZONING OF A PIECE OF LAND IN PLANO, ALL WE HAVE TO DO IS TELL PLANO WHAT THEY ARE PLANNING TO DO. THE IT GOES AGAINST THE PLANO COMPREHENSIVE PLAN, DOESN'T MATTER. IMAGINENARY LAWSUIT, LET'S DO IT, BUT TALKING ABOUT LAWSUITS, DO YOU NOT REMEMBER THE HALF A MILLION DOLLARS THE CITY SPENT ON OUTSIDE LAWYERS AND LEGAL FEES TO DEFEND THE PLANO TOMORROW PLAN? WHICH WAS ULTIMATELY REPEALED AND REPLACED WITH THE PLANO COMPREHENSIVE PLAN. [BUZZER]. THE PLANO COMPREHENSIVE PLAN THAT DOES NOT ALLOW APARTMENTS TO BE BUILT IN THIS LOCATION WHICH YOU VIOLATED WITH THIS ZONING CHANGE. SO DISAPPOINTED. [CHEERS AND APPLAUSE] >> THE NEXT SPEAKER IS ARIFAHA RAMEN FOLLOWED BY KATE OKIAMA. >> GOOD EVENING. I WORK AT MCH. I AM HERE TO TALK ABOUT THE PROBLEMS WITH THE EMINENT DOMAIN AND THE BICYCLE TRAIL. WE DEPENDING ON OUR PHASE 2 EXPANSION TO ADD CURRENTLY NEEDED PARKING SPACES, AS WELL AS THE SPACE REQUIRED FOR THE NEW PHASE 2 BUILDING. IF THE LAND IS TAKEN FOR A TRAIL THIS NEW PARKING LOT WOULD BE IMPACTED. THE SECOND AND MOST IMPORTANT IS THE SAFETY OF NOT ONLY OUR CHILDREN, BUT OUR STAFF AND VISITORS, OUR SCHOOL HAS A DIVERSE GROUP OF STUDENTS AND EMPLOYEES. WE SEE THAT AS A POSITIVE, BUT NOT EVERYONE DOES. WITH THE PROPOSED TRAIL BEING LOCATE UNDERSTAND OUR BACKYARD OUR CHILDREN COULD BE EASY PREY FOR PREDATORS HIDING IN THE TRAIL. >> 20 SECONDS. >> WE ENSURE THE SAFETY OF OF OUR CHILDREN. IF OUR LAND IS TAKEN WE WILL HAVE THAT ADDED BURDEN OF INCREASED RISK OF EXPOSURE OF OUR CAMPUS TO PREDATORS. WE ARE ASKING FOR YOU TO CONSIDER OUR OPTION YOU ALREADY HAVE IN HAND FOR THE PLACEMENT OF THE TRAIL. THANK YOU SO VERY MUCH. >> HELLO. WELL WITH THE BIKE TRAIL AND THE MONTESSORI CHILDREN'S HOME. TO GIVE YOU GUYS SOME CONTEXT, I AM A PLANO RESIDENT BUT I'M ACTUALLY A TRANSPLANT SO I'M ONE OF THE MILLIONS OF PEOPLE THAT MOVED TO TEXAS AND I AM NOT AGAINST -- WE'RE NOT AGAINST THE DEVELOPMENT OF PLANO. I GREW UP IN SCOTTSDALE, ARIZONA. I LOVE WHAT IT'S DONE WITH THE CITY. I WAS JUST IN SEATTLE AND SAW A LOT OF TRANSFORMATION THERE. I WANTED CITY TO DEVELOP A BIKE TRAIL WITH AN ACTIVE LIFESTYLE AND THAT IS SOMETHING WE WANT. BUT WHAT WE DON'T WANT IS TO EXPOSE OUR CHILDREN TO YOU WANT SAFETINESS OF BUILDING A TRAIL RIGHT BY THE PLAYGROUND, RIGHT BY THE SCHOOL. HE SO MANY ISSS RIGHT NOW, WE ALREADY HAVE SO MUCH TROUBLE KEEPING OUR CHILDREN SAFE WITHIN SCHOOLS WITHIN DIFFERENT DAY CARES THAT WHY WOULD WE OPEN UP THAT DOOR? THAT DOES NOT MAKE SENSE TO ME, DOES NOT MAKE SENSE TO OUR SCHOOL. I CAN LET ALL THE OTHERS ADDRESS ON THE SPACE ISSUES ON THE LACK OF SPACE AND BEING FULL FOR OTHERS TO ACCOMMODATE. DURING COVID I HAD MY INFANT FROM TWO WEEKS OLD UNTIL SHE WAS 10 MONTHS AT MY HOUSE WITH MY HUSBAND AND MYSELF WORKING FULL-TIME. IT'S NOT FEASIBLE. YOU DO NEED ACADEMIC, BUT THAT'S NOT -- YOU DO NEED DAY CARE, BUT THAT'S NOT MY ISSUE. I LIVED RIGHT ON A BIKE TRAIL. I LOVED IT. I WAS VERY ACTIVE, BUT I WAS NOT ON THE TRAIL AFTER DARK OR EARLY MORNING AND I WAS NEVER BY MYSELF. I ALWAYS HAD MY DOG AND BECAUSE OF THE PEOPLE YOU SEE ON THE BIKE TRAIL. YOU SEE ALL WALKS OF LIFE, THAT'S THE BEAUTY OF IT, BUT YOU DON'T WANT IT COMING THAT CLOSE TO YOUR CHILDREN. I HAVE A TWO-YEAR-OLD AND SEVEN-OLD-MONTH IN THE DAY CARE AND SHE COMES HOME EVERYDAY WITH GRASS IN HERE HAIR. I LOVE HER BEING OUTSIDE. THANK YOU. [APPLAUSE]. >> THE SPEKS SPEAKER IS ANOSHI, FOLLOWED BY YUN CHANG. >> THANK YOUING FOR LISTENING TO ME. MY ALMOST FOUR-YEAR-OLD GOES TO MCH. WHEN I LEAVEIMT SCHOO IN THE MORNING I FEEL SO CONFIDENT THAT HE IS IN SUCH GREAT HANDS. I FEEL LIKE THE ENVIRONMENT THAT HE'S IN IS SECURE. AND LIKE, YOU KNOW, MOST OF YOU MIGHT HAVE CHILDREN. AND SECURITY IS THE -- IS I FEEL THE MOST IMPORTANT THING FOR ME RIGHT NOW FOR MY KIDS. AND WITH THE ONGOING SITUATION, AS A MOTHER I FEEL CONCERNED LIKE OTHER PARENTS THAT IF THE PIECE OF LAND IS TAKEN AWAY FOR THE BICYCLE TRAIL, I FEEL THAT THERARE TWO REASONS THAT IT SHOULD NOT BE DONE THIS WAY. A, WITH ALL DUE RESPECT, AND I REALLY MEAN IT WITH ALL DUE RESPEC, THE TEXAS GUN LAWS IS JUST MAKES ME FEEL VERY, VERY UNCOMFORTABLE. I FEEL THERE COULD BE PREDATORS AND STRANGERS CLOSE BY AND I JUST FEEL VERY, VERY UNSAFE SENDING MY KIDS TO SCHOOL THIS WAY. AND THE OTHER THING IS THAT I FEEL THAT MRS. EFFEY HAS DONE SO MUCH FOR OUR KIDS, SHE HAS GIVEN THEM -- >> 20 SECONDS. >> SUCH EXCELLENT FACILITIES. AND MY KID HAD A LITTLE BIT AFTER SPEECH DELAY. HE IS BOMIN NOW. AND I DON'T WANT TO PICK HIM UP FROM SCHOOL SHE THINKING THAT I MIGHT NOT SEND HIM TOMORROW BECAUSE THERE'S A BIKE TRAIL. AND I FEEL LIKE THE PRESTIGIOUS SCHOOL IS THERE FOR THE KIDS AND THE KIDS TREAT IT AS THEIR SECOND HOME. [BUZZER]. WE DON'T WANT TO TAKE A PIECE OF THEIR HOME AWAY FROM THEM. SO PLEASE, PLEASE HELP MRS. EFFEY AND TAKE TAKE AWAY A PIECE OF LAND FOR THE MCH. THANK YOU SO MUCH. [APPLAUSE]. >> GOOD EVENING, . MY HUSBAND AND I WE MOVED TO PLANO LAST YEAR TO RAISE OUR FAMILY. I WAS SIX MONTHS PREGNANT BACK THEN AND MY DAUGHTER ENROLLED IN -- INTO MONTESSORI CHILDREN'S HOUSE WHEN SHE WAS FOUR MONTHS OLD AND IS NOW FOUR YEARS OLD. SHE'S GRADUATED FROM THE HUMMINGBIRD CLASS AND IS NOW IN BLUE JAY CLASS. I'M HERE FOR AGAINST THE MONTESSORI CHILDREN'S HOUSE BIKE TRAIL. I KNOW A LOT OF US ALREADY TALKED ABOUT THE SAFETY ISES AND AS A MOTHER HERE, I'M REALLY NERVOUS AND I KEPT CRYING WHENEVER I HEARD OTHER PEOPLE TALK ABOUT IT. IT'S HARD FOR ME TO IMAGINE MY KIDS BEING ON THAT PLOY GROUND AND THEY'RE SAYING HELLO TO WHOEVER THE STRANGER IS THAT'S RIDING ACROSS THE BIKE TRAIL AND THAT STRANGER COULD HURT THEM. I KNOW THEY LOVE PLAYING THERE AND MY BABY CORA ALWAYS COMES HOME VERY HAPPY AND I KNOW SHE'S IN SAFE HANDS, ALL OF THE STAFF THERE, THEY'RE ALL FEMALE AND ALL REALLY NICE, BUT IT BREA MY HEART THAT IF THE CITY BUILDS A BIKE TRAIL THERE COULD BE THE POSSIBILITY THAT THAT WOULD NO LONGER BE THE CASE. SINCE THEN I'VE INTRODUCED MY FRIENDS TO BRING THEIR KIDS THERE AS WELL AND I KNOW THE CHILDREN'S HOUSE THEY SURVIVED COVID. THEY HAD ONLY ONE KID REMAINING DURING COVID. AND IT'S A SMALL BUSINESS OF MS. EFFEY, SHE'S A NICE OLD LADY. I DON'T KNOW WHERE SHE IS. THIS MEETING HAS BEEN TOO LONG FOR HER, I GUESS. BUT I DON'T CARE ABOUT WHAT STR IS, BUT I REALLY CARE ABOUT MY KIDS' SAFETY SO PLEASE LISTEN TO US. THANK YOU. [CHEERS AND APPLAUSE] >> THE NEXT SPEAKER IS SOSA [INDISCERNIBLE], AND MIRIAM SAKELY FOLLOWING. >> THANK YOU VERY MUCH. I AM A NIGERIAN AND I CAME TO THE UNITED STATES IN 2015. I GOT MARRIED TO MY BEAUTIFUL WIFE AND WE HAVE TWO DAUGHTERS. SOMETIME IN 2020 WE LOOKED FOR A VERY GOOD PLACE TO TAKE OUR KIDS TO BECAUSE IN THE UNITED STATES WHEN YOU DON'T HAVE FAMILIES AROUND THEM YOU HAVE LITTLE KIDS AND A FULL-TIME EMPLOYEE& MAKES IT A PROBLEM TO TAKE CARE OF THE KIDS. WE EVENTUALLY FOUND A PLACE THAT WE THINK IS VERY GOOD AND WE'RE HAPPY WITH THE LOCATION AND SUDDENLY WE GET THE INFORMATION THAT A BICYCLE TRAIL IS GOING TO BE LOCATED VERY CLOSE TO THIS PLACE AND THAT IS A VERY BIG CONCERN FOR ME IT FOR THE SAFETY OF MY LITTLE GIRLS. I WORK AS A MARLIST AS ONE OF THE BIGGEST BANKS IN AMERICA AND MY JOB AT WORK IS TO PREVENT PROBLEMS. I WANT EVERYBODY TO START THINKING, WHY DO WE ALLOW KIDS TO BE EXPOSED TO DANGER? AND WHEN SOMETHING HAPPEN WE ALL COME TOGETHER MOURN. WE COME TOGETHER TO SAY WE'RE SORRY. WE COME TOGETHER TO TALK ABOUT CONDOLENCES. I CAN'T IMAGINE SOMETHING LIKE THAT BEING LOOKED AT KNOWING THESE KIDS WILL BE EXPOSED TO PROBLEM. I CAN'T IMAGINE THAT HAPPENING AND I JUST WANT TO PLEAD WITH EVERYONE HERE IF WE ALLOW EVERYBODY THAT WANT TO SAK FOR THE MONTESSORI CHILDREN'S HOUSE TO COME A THOUSAND BECAUSE MY WIFE'S FRIENDS ARE WILLING TO COME FROM MASSACHUSETTS TO COME HERE AND PLEAD WITH YOU OR TO PLEASE LET THE KIDS HAVE PRIVACY AND LET THE ENVIRONMENT BE GOOD FOR THEM TO LEARN. THANK YOU. [APPLAUSE]. >> GOOD EVENING, I'M MIRIAM SAKELY. THE PREVIOUS COUNCIL AND SOME OF YOU ARE INCLUDED, HAVE HEARD A LOT FROM US AND OTHERS. MY MOTHER IS HE EFFEY STACY. THIS IS HER PASSION, EDUCATING CHILDREN WITH CARE, SAFETY AND CONCERN. PLEASE COME VISIT THE SCHOOL. YOU'VE HEARD SO MUCH FROM US AND YET HERE WE ARE AGAIN. WE REALLY NEED SOME ACTION TO BE TAKEN IN OUR FAVOR. SHE'S BEEN A TAX PAYING CITIZEN FOR SO MANY YEARS, 20 YEARS. THIS SCHOOL IS THRIVING, PARENTS ARE COMING. THEY'RE LEAVING THEIR CHILDREN AT HOME TO COME SPEAK BEFORE YOU TODAY. PLEASE DO THE RIGHT THING. WE INVITE YOU TO COME SEE THE SCHOOL IF YOU HAVEN'T ALREADY. SOME OF YOU MAY HAVE. SHE'S REALLY TRIED SO HARD TO WORK WITH EVERYBODY WITH THE CITY AND WE REALLY WOULD JUST LOVE FOR EVERYBODY TO THINK ABOUT THE IMPLICATIONS THE CONSEQUENCES OF DECISIONS, OF ACTIONS FOR CURRENT AND FUTURE RESIDENTS, STUDENTS, AND FOR EFFEY AND THE SCHOOL. AND FOR EVERYONE INVOLVED. [APPLAUSE]. >> THE NEXT SPEAKER IS SABINE HATER VOLUMED BY DARRYL RODENBACH. >> GOOD EVENING. MY NAME IS SABINE AND I'M A TEACHER AT MONTESSORI CHILDREN'S HOUSE. I'M REPRESENTING BRITTANY HEAL WHO COULD NOT BE HERE TODAY BECAUSE OF ILLNESS. MY NAMM A PLANO RESIDENT AND PLANO BASED BUSINESS OWNER. MY TWO CHILDREN HAVE ATTEND THE MONTESSORI CHILDREN'S HOUSE FOR MANY YEARS. THE AMOUNT OF LOVE THAT MS. EFFEY AND HER WONDERFUL STAFF PUT INTO THE SCHOOL IS IMMEASURABLE. I'M SHOCKED AND DEEPLY CONCERNED THAT THE CITY OF PLANO WOULD PRIORITIZE A BIKE PATH OVER CHILDREN'S SAFETY AND WELL-BEING, LET ALONE THE LIABILITY OF A SMALL BUSINESS OWNER THAT HAS GIVEN SO MUCH TO THE COMMUNITY AND TO SO MANY CHILDREN OF PLANO AND BEYOND. HOW ARE YOU GOING FOR TAKE CARE OF SECURITY FOR THIS SCHOOL? LIGHTING, FENCES, 24 HOUR SECURITY GUARDS. IT WOULD BE IRON RESPONSIBLE TO PUT THIS ADDED BURDEN ON THE SCHOOL. WHAT ARE YOUR PLANS IN CASE ONE OF THE CHILDREN ARE ATTACKED OR ABDUCTED? WILL THE SCHOOL OR THE CITY BE LIABLE? WHO IS LIABLE IF A CYCLIST OR A WALKER GETS HURT ON THE TRAIL BY THE SCHOOL? THIS PRIVATELY OWNED LAND IS IN -- IN QUESTION SERVES TO THE FUTURE GROWTH OF THE SCHOOL, BUT BEYOND THAT WHO WOULD WANT A CONNECTING BIKE PATH WHERE ANY STRANGER CAN BE RIGHT AGAINST SCHOOL PROPERTY? FOR A BIKE PATH CONNECTOR WHY NOT BUILD IT ON ANOTHER THIS BEAUTIFUL PIECE OF LAND THAT WAS PURCHASED DECADES AGO WOULD BE BETTER SERVED RAISE BENERS, MORE CLASSROOMS, A SPORTS FIELD, WATER PARK OR EXTENDED PARKING LOT? THANK YOU, BRUT ANY HALEY, OWNER OF RUSK CONSTRUCTION GROUP. [APPLAUSE]. >> GOOD EVENING. MY NAME IS DARRYL. I'M A PROUD PLANO RESIDENT. AND I VOLUNTEER AS CEO OF THE NORTH TEXAS PERFORMING ARTS, FORMERLY THE CHILDREN'S THEATER. I'M HERE TO THANK THE CULTURAL COMMISSION AND THE CITIZENS OF PLANO FOR THE SUPPORT OF THE ARTS. WE WORK WITH A DOZEN MUNICIPALITIES ACROSS NORTH TEXAS AND I'M PROUD TO REPORT THAT IT IS THE BEST IN THE REGION AND THROUGH A BEST IN CLASS FAIR A OBJECTIVE PROCESS ALLOCATES ITS HOTEL-MOTEL TAX FUNDS BETTER THAN ANYONE ELSE IN THE REGION. THROUGH YOUR SUPPORT LAST YEAR WE BROUGHT OVER 350,000 VISITORS TO THE STAGES. AND ENABLED 10,000 CHILDREN THE OPPORTUNITY TO EXPERIENCE THE PERFORMING ARTS IN MAJOR PRODUCTIONS AND PERFORMANCES ON A DOZEN STAGES, BRINGING IN AUDIENCES FROM ACROSS NORTH TEXAS FROM DALLAS, FIRST CO-AND BEYOND TO PLANO STAGES. THIS WEEKEND AT OUR ANNUAL STAR DUST AWARDS WE'LL B RECOGNIZING THE ARTIST OF THE YEAR FROM THE PLANO SYMPHONY ORCHESTRA. AND ALSO THE DISTINGUISHED ARTS LEADER AND PLANO TEACHERS FROM SHELTON HIGH SCHOOL AND ARMSTRONG MIDDLE SCHOOL. IT IS OUR HONOR TO ALSO RECOGNIZE THE SHOPS AT WILLOW BEND AND H.E.B. FOR THE PHILANTHROPIC SUPPORT FOR THE ARTS. IN ALL SOME 80 HONOREES FOR HUNDREDS OF NOMINEES IN 20 DIFFERENT CATEGORIES INCLUDING ARTISTS, LEADERS AND VOLUNTEERS WE RECOGNIZE FOR THEIR IMPACT AND SUPPORT OF THE ARTS AND ALL THAT IS POSSIBLE BECAUSE OF YOUR SUPPORT. THANK YOU. [APPLAUSE]. >> THE NEXT SPEAKER IS JEAN GERVASI AND THEN JUDE ALEC A ALEXANDER WHO IS SUPPOSED TO BE IN BY ZOOM. >> I'M IN. >> MR. MAYOR, CITY COUNCIL, THANK YOU FOR GIVING US THE OPPORTUNITY HERE. MY HEART IS BROKEN AS A PARENT ANY TIME I HEAR A KID GETTING KILLED OR ABUSED IN ANY WAY. MOST OF YOU GUYS KNOW ME AND I DON'T PLAY THAT GAME. THE SITUATION OF WHAT THIS SCHOOL OR THESE KIDS, THESE WONDERFUL PEOPLE WHO HAVE BEEN RUNNING THE SCHOOL FOR SO MANY YEARS, PUT A BIKE TRAIL THERE? SO MUCH PROPERTY, SO MUCH PROPERTY THEY COULD PUT TRAILS ALL AROUND. I'M A BIKE RIDER MYSELF. I ENJOYED IT. BUT THIS CITY HAS GOT TO DO THE E PEOPLE AND FOR OUR CHILDREN. POLITICS IS ABOUT TAKING PROJECTS. POLITICS IS GETTING IN THE WAY OF OUR CHILDREN. I BEG YOU, ALL OF YOUSE, PLEASE DO THE RIGHT THING FOR MISS EFFEY AND OUR CHILDREN. [APPLAUSE] >> HAPPY COLUMBUS DAY. I'M JAZZ ALEXANDER. I LIVE IN TIMBER BROOK ESTATES. LIKE PLANO WITH THE CITY OF EXCELLENCE AND DUE DILIGENCE NEEDS TO BE DONE IN EVERY ZONING CASE AS WE SEE IN ARLINGTON, ZONING MATTERS. IT CAN WORK IN OUR FAVOR. BUT FOR THE LOS RIOS NATURE PRESERVE IT SEEMS LIKE YOU ARE EMINENT DOMAINING THE WRONG PLACE, THE SCHOOL, AND THIS PLACE WHERE THERE'S NOTHING AND WE COULD POSSIBLY BUILD A BIKE TRAIL. WE HAVE TO BE MORE CREATIVE IN OUR FAULT. DON'T THINK WE CAN'T FALL FROM THE CITY OF EXCELLENCE TO THE CITY OF FEAR OR ANYTHING OF THAT NATURE. MY REAL ESTATE BACKGROUND THROWS 32% OF PEOPLE MOVING OUT OF DALLAS COUNTY AND COMING HERE AND WE JUST HAVE TO KEEP DOING EXCELLENT THINGS TO STAY EXCELLENT. SO I THINK THAT'S WHY YOU SEE ALL THE PEOPLE OF EXCELLENCE HERE AND DON'T THINK THAT YOU SHOULD FEAR ANY OUTSIDER, BUT FEAR THE PEOPLE OF EXCELLENCE BECAUSE THEY ARE WHAT MAKE THE CITY. AND THEN I WOULD SAY TO CITY COUNCIL, YOU'RE UP THERE BECAUSE YOU WERE VOTED UP THERE. GO WITH WHAT YOUR GUT IS BECAUSE ON YOUR VOTING RECORD YOUR YOUR EMOTIONS ARENT GOING TO SHOW UP AND THAT'S ALL I HAVE TO SAY. HAVE A GREAT DAY. [APPLAUSE]. >> THE LAST SPEAKER THIS EVENING WILL BE ASSAD RISBY. ASSAD? SORRY, DIDN'T SEE YOU. >> I AM ACTUALLY REALLY IMPRESSED WITH THE LEVEL OF PASSION IN THE RESIDENTS AND CONSTITUENTS OF PLANO. PRIVILEGED TO BE IN THIS COMMUNITY. I'M A RESIDENT OF LAKE SIDE ON PRESTON. THAT'S A SUBDIVISION WEST OF PRESTON. AND I THINK IT'S A LITTLE BIT HYPOCRITICAL OR IRONIC DISCUSSING ALL THESE ISSUES SUCH AS NOISE POLLUTION AND SAFETY OF ITS RESIDENTS AND CONSTITUENTS WHEN A 100,000 SQUARE FOOT BUILDING WITH 1,000 PARKING SPACES AND CONCESSION AFTER CONCESSION TO H.E.B. HAS BEEN MADE WITHOUT THE INTEREST OF ITS CITIZENS AND ANYTHING OF THAT NATURE. >> BACK UP JUST A LITTLE BIT. THANKS. >> SO THIS IS A RESIDENCE -- IS IT TOO CLOSE? I APOLOGIZE. >> WE CAN HEAR YOU. >> I'M SORRY, IT WAS MY FIRST. IT'S IRONIC. I DON'T THINK THERE'S ANYTHING DEALING WITH -- I LOST MY TRAIN OF THOUGHT. BUT I JUST FEEL THAT, YOU KNOW, THE CITY OF PLANO, THE APPROVAL PROCESS, FROM ARCHITECT TO CITY DEVELOPMENT, DOES NOT REFLECT THE ETHOS OF LAKESIDE, DOES NOT REFLECT THE CULTURE OF LAKESIDE, RESIDENTS OF LAKESIDE. ESSENTIALLY WE ARE BRINGING 100,000 PEOPLE INTO MY NEIGHBORHOOD WHICH IS A MEDIAN HOUSING PRICE WITH 250,000 MEDIAN INCOME, WHICH IS NOT A CONCERN, BUT ALL OUR PROPERTY TAXES ARE NOT BEING REFLECTED FOR OUR OWN RESIDENTS AND YET CONCESSION AFTER CONCESSION IS BEING MADE FOR H.E.B. AND THESE MULTI-MILLION-DOLLAR BUSINESSES. AND IT'S UNFORTUNATE THAT THE CITY OF PLANO IS NOT PUTTING THE INTEREST OF ITS CITIZENS OR CONSTITUENTS AT HAND. [BUZZER]. THE LAST THING I WOULD SAY IS JUST A LITTLE BIT HYPOCRITICAL TO DISCUSS FOR FOUR HOURS ABOUT NOISE POLLUTION AN YET ALLOW ZONING OF COMMERCIAL AREAS INTO -- IT DOESN'T MATTER WHAT LEVEL INCOME. INTO RESIDENTS AND SAY THERE'S NOISE POLLUTION. THERE ASSUMPTION IS GOING TO BE THESE ISSUES WHEN THIS IS ALLOWED. AND THAT'S ALL I HAVE TO SAY. SORRY ABOUT THE NOISE. [APPLAUSE]. >> MAYOR, THERE WERE TWO SPEAKERS WHO HAD SIGNED UP IN ANOTHER AREA THAT MEANT TO DO THIS. I'VE GOT TWO MORE. >> Mayor Muns: SURE. >> DELBY CANNON AND THEN M SPRINGER WILL FOLLOW AND THAT WILL BE THE LAST TWO. >> I'M DELL BUCHANAN AND BEEN A PLANO RESIDENT SINCE 22. MY FAMILY AND I LIVE ADJACENT TO THE LOS RIOS MULTI-FAMILY PROJECT. SO WE ARE ONES THAT HAVE BEEN GREATLY AFFECTED AND I'VE YET TO HAVE ANYONE FROM THE CITY REACH OUT TO ASK ANYTHING TO MAKE THIS MORE PALATABLE TO US. IT SEEMS VERY UNFORTUNATE THAT YOU A HAV BEEN ABLE TO BE STRONG ARMED BY LINKS, BY THREAT OF LAWSUIT OR WHATEVER IT IS TO NOT DO WHAT CONSTITUENT RESIDENTS HAVE -- WHAT THE CITY RESIDENTS HAVE ASKED YOU TO DO. BECAUSE THAT'S WHAT WE'RE LOOKING FOR. I'M DEEPLY DISAPPOINTED. >> Mayor Muns: THANK YOU. [APPLAUSE]. >> GOOD EVENING. THANK YOU FOR LETTING ME SPEAK TODAY. MY NAME IS EM SPRINGER. I'M A PLANO RESIDENT AND I HAVE BEEN FOR ABOUT 15 YEARS. I'VE ALWAYS LOVED TO LIVE HERE. ONE OF THE THINGS I WANTED TO DO WAS RAISE MY FAMILY HERE. I ACTUALLY OWN A HOME IN TIMBER BROOK, SO THE LOS RIOS THING IS VERY IMPORTANT TO ME, BUT MY CHILDREN GO TO MONTESSORI CHILDREN'S HOUSE, WHICH IS VERY IMPORTANT TO ME. SO ION GET MY 1.5. CHOOSING A SCHOOL WAS NO EASY TASK. I EVALUATED EVERYTHING FROM THE STUDENT-TEACHER RATIO ALL THEAY TO A GGLE REVIEW AND ASKING FRIENDS. THE MOST IMPORTANT THING IS THAT MY CHILDREN WERE SAFE. I HAVE THAT WITH MS. EFFEY AND MCH. THE SCHOOL IS SITUATED AWAY FROM TRAFFIC, PUBLIC FOOT PATHS AND ALLOWS ME THE PEACE OF MIND AS A PARENT THAT WHEN I DROP OFF MY TWINS I KNOW THEY'RE GOOD. THE PEOPLE THAT OWN THIS PROPERTY AND THE SCHOOL HAVE DONE IMMEASURABLE GOOD FOR THE YOUTH AND IN THE COMMUNITY WHERE THEY ARE. THEY'VE BEEN THERE FOR MORE THAN 30 YEARS. THEY OWN THE PROPERTY. THEY'VE HAD ARTICLES WRITTEN, PETITIONS SIGNED, BSITES IN SUPPORT AND ON AND ON. I KNOW YOU'RE KIND OF TIRED, BUT SO ARE WE. WE JUST WANT TO MAKE SURE THAT THE SCHOOL STAYS INTACT AND THAT THE CHILDREN HAVE AN OPPORTUNITY TO LEARN IN A BEAUTIFUL ENVIRONMENT. SO I IMPLORE THE MEMBERS OF THIS GROUP, THE PLANO CITY COUNCIL, PLEASE WORK TO FIND A ROUTE ALTERNATIVE FOR THE BIKE PATH. AND IF AT ALL POSSIBLE I'LL THROW IN THERE TO GET RID OF THE MULTI-FAMILY DEVELOPMENT AT JUPITER AND LOS RIOS. I THINK THE HOMEOWNERS THERE MIGHT APPRECIATE IT AS WELL. THANK YOU. >> Mayor Muns: THANK YOU. [APPLAUSE]. >> MAYOR AND CITY COUNCIL, AS YOU KNOW, WE HAVE BEEN INVOLVED IN THIS LITIGATION WITH THE MONTESSORI SCHOOL FOR MANY YEARS NOW. AND WE HAVE MADE NUMEROUS ATTEMPTS AND WE'VE RELEASED A STATEMENT IN THE PAST TO SETTLE THIS CLAIM WITH THE PROPERTY OWNER MS. EFFEY. AND AT LEAST ONE OF THOSE PAST OFFERS HAS ALSO INCLUDED PAYING HER SOME MONEY AND DROPPING THE CASE AND NOT BUILDING THE TRAIL BEHIND HER SCHOOL, AND SHE HAS REJECTED THE OFFERS. THE CASE IS GOING TO TRAIL IN TWO WEEKS. AND SO -- AND ACTUALLY, MR. AN BEER IN A THINK IS REPRESENTING US, BUT ANYBODY THAT WANTS THE STATEMENTS THAT WE'VE RELEASED PUBLICLY, I DON'T HAVE THEM HERE. ONE OF THE CHALLENGES OF TRYING TO SETTLE THIS CASE IS I THINK THIS PROPERTY WAS APPRAISED A LITTLE OVER $25,000 BY THE CITY'S APPRAISAL EXPERT. THE COMMISSIONERS WHO INITIALLY HEARD THIS CASE, IT'S ON APPEAL NOW, AWARDED HER SOMEWHERE IN THAT RANGE. AND SHE SAYS HERROPEY IS WORTH TWOILLI DOLLARS AND SHE HAS NO APPRAISAL EXPERT THAT WILL TESTIFY THAT'S GOING TO BE TESTIFYING AT THE TRAIL ABOUT THAT. SO IT'S VERY HARD WHEN SOMEBODY IS ASKING US FOR TWO MILLION DOLLARS FOR A 25,000-DOLLAR PIECE OF PROPERTY. AND IT BECAME SO CUMBERSOME THE LITIGATION AND ALL THE CHALLENGES, THAT WE AT ONE TIME DID SAY WE WILL WALK AWAY FROM THIS AND PAY YOU. SO IT WAS WITHIN HER CONTROL. SHE REJECTED THAT, AND WE'VE SPENT SO MUCH MONEY AND COME SO FAR AND COLLECTED OTHER PIECES TO BUILD THE TRAIL AT THIS POINT THAT THE PLAN NOW JUS TO PROCEED WITH THE LITIGATION. WE ACTUALLY OFFERED TO SETTLE A FEW WEEKS AGO AND THAT WAS REJECTED TOO. SO ANYBODY THAT WOULD LIKE TO -- HEAR OUR -- HAVE THE PUBLIC STATEMENTS WE'VE MADE ON THAT, WE CAN RELEASE THEM IF THEY ASK. [OFF-MIC COMMENTS]. >> Mayor Muns: EVERYBODY WHO HAS SPOKEN AND SPOKE PREVIOUSLY, I UNDERSTAND YOU'RE VERY CONCERNED ABOUT THE SAFETY ISSUES WHICH YOU'VE BEEN TOLD ABOUT. I WANT TO POINT OUT THAT THE EXACT SAME CIRCUMSTANCES THAT PEOPLE HAVE VOICED CONCERNS ABOUT EXIST AND CURRENTLY DO AT HEGE COOK'S ELEMENTARY. THE HIGH SCHOOL BIKE TRAIL RUNS RIGHT BY THAT ELEMENTARY AND WAS ABUTTED BY THE EXACT SAME LINE OF TREES THAT WOULD STAND BEHIND THE FINISHED TRAIL TODAY. ANYBODY IS WELCOME TO GO OUT THERE AND SEE FOR YOURSELF. >> Mayor Muns: MA'AM, PLEASE. >> TO MY KNOWLEDGE THERE HAVE BEEN ZERO SAFETY CONCERNS IN ALL THESE YEARS BY HEGE COOK ELEMENTARY. [OFF-MIC CONVERSATIONS]. >>UYS E AGENDA. THIS IS FOR COMMENTS OF PUBLIC INTEREST -- PLEASE! PLEASE, THIS IS A MEETING FOR THE CITY COUNCIL. WE'VE ALLOWED YOU TO SPEAK. WE'RE GOING TO MOVE ON TO THE CONSENT AGENDA. THANK YOU. >> THE CONSENT AGENDA, THE CONSENT AGENDA WILL BE ACTED UPON IN ONE MOTION AND CONTAINS WHICH ARE ROUTINE AND TYPICALLY NON-CONTROVERSIAL. ITEMS MAY BE REMOVED FROM THIS AGENDA FOR INDIVIDUAL DISCUSSION BY A COUNCIL MEMBER, THE CITY MANAGER OR ANY CITIZEN. THE PRESIDING OFFICER WILL LIMIT THE NUMBER OF MONIES TO SPEAK BY REQUEST. >> AND MR. MAYOR, I WOULD LIKE TO REMOVE ITEM N. >> AND ITEM H, MR. MAYOR. >> EITHER ONE. >> Mayor Muns: SO ITEM H AND ITEM N HAVE BEEN REMOVED. H AND N. >> I MAKE A MOTION TO PASS THE CONSENT AGENDA AS WRITTEN EXCLUDING ITEM H AND N AS IN HELO AND NOVEMBER. >> SECOND. >> Mayor Muns: I HAVE A MOTION TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM H AND ITEM N. PLEAST VOTE. ALL RIGHT. MOTION PASSES 8-O. ITEM H, LISA. >> ITEM H, TO APPROVE AN EXPENDITURE FOR ENGINEERING PROFESSIONAL SERVICES FOR SEWER IMPROVEMENTS INDIAN CREEK FRITO LAY WHITE ROCK CREEK, EVANS PARK, SPRING CREEK, SHAWNEE PARK AND LAUREL LANE PROJECT NUMBER 7567 IN THE AMOUNT OF 5 INCENTIVE THOUSAND $100 FROM LOCKWOOD ANDREWS AND NEWMAN INC. FOR THE ENGINEERING DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE úALL. >> Mayor Muns: COULD THOSE OF YOU THAT ARE IN THE BACK, PLEASE STOP TALKING PUBLICLY BECAUSE WE CAN HEAR I'D APPRECIATE IT. >> MAYOR AND COUNCIL, I'M MANAGER, HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE ABOUT ITEM H. >> YEAH, THANK YOU, JACK. LOOKING AT THIS AND WHEN I LOOKED AT THE LOCATION MAP, ONE OF THE QUESTIONS THAT LEAPT OUT TO ME GIVEN THAT THE PURPOSE EXPRESSED IN THE AGENDA ITEM WAS TO REDUCE OR ELIMINATE ODORS CAUSED BY ADDED FLOWS TO THE SYSTEM WAWHAT ARE WE PLANNING FOR THE AREAS NEAR THE ROWLETT CREEK PLANT? THAT'S BEEN A SUBJECT OF RECURRING CONCERN -- >> SO A REAL GOOD QUESTION. IF YOU LOOK AT THE MAP IT IS KIND OF STRANGE. WHAT WE DID IS A SANITARY SEWER EVALUATION STUDY AND IDENTIFIED LOCATIONS WHERE WE HAD INFLOW AND I WILL FILTRATION, PROBLEMS WITH THE PIPES, AERIAL CROSSINGS, POINTS WHERE SEWER LINES WENT UNDERGABIAN WALLS AND SOME BIG ISSUES. SOME OF THOSE LOCATIONS WHERE THE SANTER SEWER IS LEAKING OUT CREAT T ODOR ISSUE SO THAT'S THE ODOR THAT WE'RE TALKING ABOUT. THE CAPACITY ISSUES THAT ARE RESOLVED BY THIS PROJECT IS TO ELIMINATE THE INFLOW AND INFILTRATION AND JUST FOR RECOLLECTION THAT'S WHERE RAINWATER OR CREEK WATER GETS INTO THE SANTER SEWER DURING THE RAINY EVENT AND TAKES AWAY THE CAPACITY OF THAT DOWNSTREAM SEWER SO WHAT THIS WILL DO IS SEAL UP THE HOLES AND RESTORE THE CAPACITY. WE'RE NOT ADDING ADDITIONAL PIPING, WE'RE NOT INCREASING SIZE OF IT. WE'RE RESURGE WILL REGULAR OF THE PIPE. >> IN THE FIRST PART IT SAID THE PROJECT INCLUDES DESIGN AND CONSTRUCTION OF [INDISCERNIBLE] SANITARY SEWER LINES. ARE WE USING THOSE GAUGES, IF YOU WILL, OF PIPE TO PATCH ARE ARE ALL WE BUILDING IS LINES. >> GABEIAN LINES. EACH ONE OF THO LOCATIONS HAS A DIFFERENT TYPE SIZE. >> I MEAN, WE'RE USING ALL OF THOSE AT ONE SINGLE LOCATION, BUT THAT SUGGESTS TO ME THAT WE'RE BUILDING ADDITIONAL PIPE. >> IT'S REPAIRING PIPE AT EACH ONE OF THOSE LOCATIONS, THOSE DIFFERENT SIZES. >> OKAY. BECAUSE THE AREA AROUND THE LOS RIOS PLANT IS SUCH A RECURRING CONCERN AND SEVERAL OF US HAVE BEEN OUT THERE AND SMELLED FOR OURSELVES, AS HAS BEEN DISCUSSED ON THIS DAIS BEFORE. CAN YOU TELL ME WHERE REPAIRS OR EXTENSIONS OR ADDITIONS ARE PLANNED IN THAT AREA? I UNDERSTAND THEY DON'T HAVE ANY ADDITIONAL CAPACITY AND THAT ADDITIONAL INFLOWS ARE BEING REROUTED BUT IT SEEMS TO ME BASED ON OUR PREVIOUS DISCUSSIONS AROUND THIS FOR YEARS, I GUESS. A LOT OF THE ODOR ISSUES COMING AROUND THERE ARE BECAUSE OF CAPACITY CONSTRAINS. >> AND AGAIN THE I AND I, THE INFLOW AND INFILTRATION IS CAUSED BY A HOLE IN THE PIPE. IT'S AN INTEGRITY ISSUE. YOU SEAL UP THAT HOLE IN THE PIPE, THE RAINWATER, THE GROUNDWATER DOESN'T GET IN THERE. WE'RE NOT RECO2ING THE I AND I, WE'RE JUST SEALING IT OFF. >> I UNDERSTAND THAT. MY QUESTION IS I UNDERSTAND WE DON'T WANT TO ADD ADDITIONAL FLOWS TO THE ROWLETT CREEK TREATMENT PLANT BUT IT SEEMS TO ME WE DO WANT TO ALLEVIATE SOME OF THE EXISTING CAPACITY HEADING TO THE PLANT BY SOME OF THE SAME THINGS YOU'RE DISCUSSING DOING HERE AT THE OTHER LOCATIONS, PLUGGING IT UP SO THERE'S NOT AS MUCH INFILTRATION. SO UNDERSTANDING IT'S N ON THIS AGENDA ITEM IS THERE ANYTHING PLANNED FOR THAT? >> OUR DIRECTOR IS REACHING OUT TO SOME OF THE CITIZENS IN THAT GENERAL AREA AT THE ROWLETT REGIONAL WASTEWATER PLANT AND WORKING WITH THEM ON ODOR ISSUES AND ODOR STUDIES AND SENSORS IN THE AREA TO IDENTIFY WHERE THOSE ODORS ARE COMING FROM. A LOT OF THINGS THAT THEY'VE IDENTIFIED IN THE PAST IS -- WERE MANHOLES ANDULK COVERS HAVE BEEN SLID OPEN ALLOWING THAT ODOR TO COME OUT, AGAIN WITH THOSE ODOR SENSORS OUT THERE THEY WILL BE ABLE TO IDENTIFY THE SOURCE OF THE ODORS AND WORK ON THAT. THIS IN PARTICULAR IS THE SEVEN LOCATIONS THAT WILL REDUCE THE AMOUNT OF FLOW THAT'S REACHING THE PLANT AND THEREBY REDUCE THAT LOAD ON THE PLANT SO THERE IS SOME BENEFIT AT THE ROWLETT PLANT FOR THESE PRODUCTS BUT NOT A SPECIFIC POINT REPAIR AT THAT LOCATION. >> Mayor Muns: OKAY. >> THANK YOU, MAYOR. I JUST HAD A QUICK QUESTION FOR MR. CARR. JACK, THERE IS A CONCERN RAISED GIVEN THE CAPACITY ISSUES AT THE ROWLETT WASTEWATER TREATMENT PLANT ALREADY THAT THIS PROJECT MIGHT INCREASE IN ARE INFLOW TO THE PLANT, BUT I RECEIVED THE STAFF RESPONSE ON THAT ISSUE THAT THIS WILL JUST BE REPAIRING EXISTING SEWER LINES AND ACTUALLY LESSON COMPLETION OF PROJECT THERE WILL BE LESS FLOW REACHING THE TREATMENT PLANT........... THAT'S CORRECT, RIGHT? >> THAT'S EXACTLY WHAT I'VE BEEN TRYING TO SAY. >> FANTASTIC. I JUST WANTED TO CONFIRM THAT AND PUT THAT ON THE RECORD. THANK YOU, JACK, FOR THAT INFORMATION. >> YOU SAID IT SO WELL. >> I WAS READING WHAT EITHER OUT OR PERHAPS CALEB OR SOMEBODY ELSE WROTE. [LAUGHTER]. SO YOU'RE THE ONE WHO SAID IT. THANK YOU. >> Mayor Muns: ANY OTHER QUESTIONS? >> MOTION TO APPROVE ITEM H. >> SECOND. >> I HAVE A MOTION AND A SECOND TO APPROVE ITEM H ON THE CONSENT AGENDA. PLEAST VOTE. MOTION PASSES 8-0. >> WITH THIS DISCUSSION I THINK THIS IS A GOOD TIME TO ASK FOR AN ITEM TO A FUTURE AGENDAD TO REVIEW HER MEDIUM TO LONG-TERM PLAN FOR SEWER MAINTENANCE. >> FOR ROWLETT? >> NO. LIKE THE WHOLE CITY. BUT I'D LIKE IT TO INCLUDE ROWLETT. >> Mayor Muns: OKAY. ITEM N. >> ITEM N, TO APPROVE THE CARRYING FORWARD OF A CERTAIN -- OF CERTAIN FISCAL YEAR 2021-22 FUN TO FISCAL YEAR 2022-2023 AND PROVIDING AN EFFECTIVE DATE. >> THANK YOU, MAYOR. I PULLED THIS ITEM. I REVIEWED THE LIST OF CARRY FORWARDS IN THE CONSENT AGENDA AND IDENTIFIED FOUR THAT IT DID NOT SEEM OBVIOUS THAT THEY WERE CARRY FORWARDS AS OPPOSED TO NEW APPROPRIATIONS, KIND OF FIRST TIME APPROPRIATIONS. I'VE EXCHANGED EMAILS WITH STILL ISRAEL ABOUT THIS AND APPRECIATE THE INFORMATION THAT HE AND THE STAFF HAVE PROVIDED. WITH HIS INFORMATION, THREE OF THE FOUR DO SEEM TO BE CARRY FORWARDS, BUT ONE IS STILL UNCLEAR TO ME SO I PULLED THIS TO DISCUSS THAT ONE. IT'S THE 36,000-DOLLAR EXPENDITURE FOR -- FOR THE WORKSTATION RECONFIGURATION FOR NEIGHBORHOOD SERVICES. I WANT TO BE VERY CLEAR THAT IT SEEMS LIKE A WORTHWHILE EXPENDITURE AND RELATED TO THE TWO ADDITIONAL EMPLOYEES THAT WERE ADDED ON AFTER THE OTHER EMPLOYEES WERE KIND OF NOTHELESS IT SEEMS LIKE A NEW FIRST TIME APPROPRIATION RATHER THAN AN ACTUAL CARRY FORWARD. SO I JUST WANTED TO UNDERSTAND THIS BETTER BEFORE VOTING ON IT AS A CARRY FORWARD. SO THANK YOU. >> AGAIN, JACK CARR, DEPUTY CITY MANAGER. ON THAT PARTICULAR ITEM, WE HAVE THE NEIGHBORHOOD SERVICES DEPARTMENT. IT'S A FACILITY THAT HAS CUBICLE TYPE OFFICE LAYOUT. AND WITH THAT WHEN WE ADD TWO MORE STAFF MEMBERS, WE'LL NEED TO ACTUALLY MOVE AROUND AND CHANGE SIZE OF A LOT OF THAT MODULAR FURNITURE. ABOUT O MONS A WE TALKED ABOUT ADDING TWO MORE STAFF MEMBERS FOR THE SHORT-TERM RENTAL. WE HAVE A NEED TO MOVE ON IT FAIRLY FAST. OUR STAFF IDENTIFIED SOME FUNDS THAT WERE FREED UP FROM PROFESSIONAL SERVICES. THEY TOOK THOSE FUNDS AND ACTUALLY MOVED IT INTO THAT INSTEAD OF WAITING FOR THE MONIES THAT THIS BODY WAS GOING TO PROVIDE STARTING OCTOBER 1. WE GOT A TWO MONTH HEAD START ON IT BY DOING IT THIS WAY. IT'S WHETHER TO FUND IT WITH THE SAME GENERALUND TWO MONTHS AGO OR START A WEEK AGO ON THE SAME PROJECT. AND WE TOOK THE OPPORTUNITY TO ACTUALLY GO AHEAD AND START -- TO ACTUALLY APPROVE THAT. KAREN CAN PROBABLY TALK ABOUT THE TWO DIFFERENT PROCESS. ONE IS THE CARRY FORWARD PROCESS, WHICH ADD IT TO THIS LIST, AND YOU SAY YES TO THE OVERALL LIST. OR THERE'S PROBABLY A LONGER PROCESS TO ACTUALLY GO THROUGH AND MAKE A CHANGE TO ADD THE $36,000 IN A DIFFERENT WAY. >> [INAUDIBLE]. REALLY THE CRUX OF MY QUESTION IS REALLY CARRY FORWARDS AS I UNDERSTAND IT ARE Y BUDGETED APPROVED BUT WERE NOT DEPLETE COMPLETED TYPICALLY DUE TO DELAYS OR CONSTRAINTS IN THE FISCAL YEAR AND IT CARRIES FORWARD TO THE NEXT FISCAL YEAR. I COULD BE MISUNDERSTANDING BUT IT DOESN'T SOUND LIKE THIS ONE HAD BEEN PREVIOUSLY BUDGETED ARREST I PROVED. THAT IT WAS A NEW ITEM. >> I'M KAREN RHODES WHITLEY, BUDGET DIRECTOR. DURING THE PROCESS WHEN WE FOUND OUT THAT THOSE OTHER PEOPLE WERE GOING TO BE ADDED, WE PHYSICALLY BUDGET ADJUSTED AND MOVED THE MONEY WITHIN THE REINVESTMENT. SO THE SEPMBER1th, THE CITY COUNCIL APPROVED THE REESTIMATE AS THE ADOPTED BUDGET FOR '21-'22. SO THOSE CARRY FORWARDS ARE LIKE THEY ARE BUDGETED AND THEY'RE GOING INTO THE NEXT YEAR. SO THEY PHYSICALLY HAVE BEEN MOVED AND INCLUDED IN THE REESTIMATE. IN ADDITION, I KNOW ON ONE OF YOUR QUESTIONS I SAW EARLIER TODAY THE TECHNOLOGY SERVICES, THAT ALSO THEY HAD SAVINGS, WE PHYSICALLY MOVED THAT MONEY INTO A PROJECT CODE TO BE USEDOR THE OTHER ITEMS 74. NOW, TECHNOLOGY SERVICES IS TOTALLY DIFFERENT THAN THE GENERAL FUND. THE GENERAL FUND IS COMPLETELY APPROPRIATED WHEN YOU ADOPT THE BUDGET. OUR TS FUND IS AN INTERNAL SERVICE FUND. SO TECHNICALLY AT THE END OF THE DAY IF YOU DECIDE NOT TO DO THAT ONE, WE CAN COME A BACK AND DO A SUPPLEMENTAL MONEY.RIATION TO MOVE THAT- BUT THE ONE THAT JACK JUST TALKED ABOUT, THOSE MUNS -- AND TS HAS T, HAVE BEEN PHYSICALLY PUT OVER THERE OVER THERE AND IT'S GONE THROUGH THAT PROCESS. >> SO IF IT WAS DONE, IT COULD HAVE BEEN MY MISUNDERSTANDING. IT WASN'T CLEAR TO ME FROM THE EARLIER EMAILS. I APPRECIATE THAT INFORMATION. WITH THAT INFORMATION IT DOES SOUND LIKE A CARRY FORWARD. SO I'LL MOVE TO AITEM ITEM N. >> SECOND. >> Mayor Muns: WE HAVE A MOTION AND SECOND TO APPROVE ITEM N ON THE CONSENT AGENDA. PLEAST VOTE. >> THANK YOU FOR THAT ADDITIONAL INFORMATION. I APPRECIATE YOU GUYS. >> MayorMuns: MOTION PASSES 8-O. WE'RE GOING TO TAKE A FIVE-MINUTE RECESS AND WE'LL START ON ITEM NUMBER 5. [SHORT BREAK]. >> Mayor Muns: THE CITY COUNCIL IS RECONVENED INTO OPEN SESSION. ALL COUNCIL MEMBERS ARE PRESENT. WE'LL MOVE ON TO ITEMS OF INDIVIDUAL CONSIDERATION. >> PUBLIC HEARINGS, APPLICANTS ARE LIMITED TO THREE MINUTES O PRESENTATION TIME. THERE IS 30 MINUTES OF TESTIMONY TIME WITH THREE MINUTES ASSIGNED PER SPEAKER. THE PRESIDING OFFICER CAN AMEND THESE ITEMS AS DEEMED NECESSARY. THE PUBLIC HEARING ITEMS THE PRESIDING OFFICER WILL PRESIDE OVER THE HEARING AND ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS, THE LENGTH OF THE AGENDA AND TO ENSURE MEETING EFFICIENCY. AND MAY INCLUDE CUMULATIVE TIME LIMIT. SPEAERS WILL BE CALLED IN THE ORDER THE REQUESTS ARE RECEIVED UNTIL THE CUMULATIVE TIME IS EXHAUSTED. WE'LL BEGIN WITH ITEM NUMBE 5 CD DIRECTION REGARDING SHORT-TERM RENTALS. >> Mayor Muns: THANK YOU. I'LL REMIND EVERYBODY THAT IS REGISTERED TO SPEAK IT WILL BE A MINUTE AND A HALF FOR EVERYBODY. SO GO AHEAD, LET'S START. >> ALL RIGHT. OUR FIRST SPEAKER IS BILL FRANCE, FOLLOWED BY SUZANNE POPUS. >> GOOD EVENING. TONIGHT YOU HAVE HEARD ONE LEGAL OPINION ON WHY YOU SHOULD ALLOW SHORT-TERM RENTALS TO OPERATE IN OUR NEIGHBORHOODS. FOUL YOU WILL HEAR A FEW OPINIONS OF WHY YOU SHOULD NOT. I ASK ALL OUR SUPPORT EASY TO PLEASE STAND. ON MAY 20TH, WE ASKED CITY COUNCIL TO REVIEW THE ARLINGTON ORDINANCE AND ANSWER ONE SIMPLE QUESTION: WHY WON'T THIS WORK IN PLANO? WHAT I HEARD TONIGHT IS YES, IT MIGHT. TWO POINTS. FIRST, OUR ZONING LAW IS CLEAR. EVERY TIME OF TRANSIENT LODGING IS PROHIBITEDND ANY OTHER ASSERTION OF THE INTENT OF THAT LAW IS AN INTENTIONAL ATTEMPT TO CIRCUMVENT THE TRUTH. SECOND, TO ALLOW THIS TYPE OF LODGING TO EXIST IN OUR NEIGHBORHOODS HARBORS CRIMINAL ACTIVITY, INTENTIONAL OR NOT. AND WE ARE NOT TOO CONFIDENT THAT CRIMINALS ARE PLAN TO GO COMPLY WITH ANY REGISTRATION PROGRAM. THE CITY RECENTLY SNT 0 MILLION O A FE TRUCK. MAY HOUSE MAY NEVER CATCH FIRE BUT I'M SURE GLAD YOU DID. TONIGHT YOU WILL HEAR THAT OUR CITY IS ON FIRE. AND IN MY OPINION IF WE NEED TO SPEND A MILLION DOLLARS IN COURT TO FIGHT THIS FIRE, THEN I THINK A FEW FOLKS HERE TONIGHT WILL AGREE. THANK YOU. [APPLAUSE]. >> GOOD EVENING, MY NAME IS SUZANNE PAPAS AND I'VE BEEN A RESIDENT OF PLANO FOR OVER 20 YEARS. I LIVE IN FOREST CREEK ESTATES, A PLATINUM NEIGHBORHOOD, WITH A VERY ACTIVE VOLUNTARY HOA AND A WOMAN'S CLUB WITH OVER 100 MEMBERS. AS THIS ORGHART FROM THE CITY WEBSITE SUGGESTS, WE AS PLANO CITIZENS ACT AS THE CEO TO THE MAYOR AND CITY COUNCIL. AS CEOS, WE PREVIOUSLY CONSIDERED OUR DECISION OF LIVING IN PLANO, CHOOSING OUR NEIGHBORHOODS AND MAKING SUBSTANTIAL INVESTMENTS INTO OUR PROPERTIES, ALL SOLID DECISIONS. THIS WAS BASED ON THE KNOWLEDGE THAT THE MAYOR AND THE CITY COUNCIL TOOK DIRECTION FROM ITS RESIDENTS, ARE RESPONSIBLE FOR HOW THE CITY RUNS, WERE PUTTING ZONING ORDINANCES IN PLACE ALL WITH THE RESIDENTS WITH THEIR BEST INTERESTS IN MIND. THE CITY'S DECISION TO NSID TO -- TO NOT CONSIDER STRs AS HOTELS WHEN IT COMES TO ZONING, YET CONSIDER THEM AS HOTELS WHEN IT COMES TO TAXES BY COLLECTING THE HOTEL OCCUPANCY TAX, IS REALLY UNACCEPTABLE. WE AS CEOS FOR THE CITY IMPLORE YOU TO DO WHAT YOU WERE VOTED TO DO WHEN WE VOTED YOU INTO OFFICE AND THAT IS TO PROTECT OUR CITY AND OUR NEIGHBORHOODS. >> 20 SECONDS. >> IF YOU HAVE NOT PERSONALLY EXPERIENCED THE NIGHTMARE OF AN STR, IT'S ONLY A MATTER OF TIME. THEY ARE GROWING EXPONENTIALLY, I HAVE ONE ON MY STREET, WHICH WAS SHOCKING TO ME. THERE ARE NO BACKGROUND CHECKS, VALIDATION OF CREDENTIALS. THEY ARE IN EVERY ZIP CODE IN THE CITY INCLUDING SOME OF YOUR NEIGHBORHOODS. SOME AS CLOSE AS HUNDREDS OF FEET FROM FROM YOUR HOMES. I ASK YOU TO ENFORCE THE ZONING ORDINANCES FOR THIS VERY REASON. DO YOU REALLY WANT A BROTHEL NEXT DOOR? IS THAT A NEIGHBORHOOD YOU WANT TO LIVE IN, INVEST IN AND REPRESENT AS A GOVERNMENT OFFICIAL? I TELL YOU YOU DON'T. >> Mayor Muns: THANK YOU. [APPLAUSE]. >> THE NEXT SPEAKER IS JOHN BURKE FOLLOWED BY CHRISTY DAVIDSON. >> GOOD EVENING. MY NAME IS JOHN BURKE AND I LIVE HERE IN PLANO FOR 29 YEARS NOW. YOU HAVE HEARD FROM ME BEFORE ON THESE COUNCIL MEETINGS. THANKS FOR YOUR WORK. I LIVE TWO HOUSES AWAY FROM A PROBLEMATIC STR, A SHORT-TERM RENTAL AND I SEE IT AS A CLEAR VIOLATION OF THE ORDINANCES IN PLACE WHEN WE MOVED HERE. I EXPECT O COUNCILO ACT ON BEHALF OF THE CITIZENS AND I URGE YOU TO BE LED BY A SENSE OF COMMUNITY WELFARE THAN BY A PRECEDENCE. I EXPECT THE COUNCIL TO FOCUS ON ZONING SOLUTIONS AND THE BEEFING UP OF ORDINANCES THAT WAS SAID EARLIER. AS SECONDARY, IMPORTANT BUT NOT PRIMARY. BEEFING UP ORDINANCES IN MY OPINION IS PLACING THE BURDEN ON THE CITIZENS TO POLICE AND REPORT AT RISK OF HAVING VAGRANTS OR TRANSIENTS MAYBE RETALIATE AGAIN THEM. MANY RESIDENTS HESITATE TO DO THAT. I EXPECT THE CITY COUNCIL TO REFINE AND FORTIFY THE LANGUAGE OF OUR CURRENT ORDINANCES TO REFLECT THE ORIGINAL PROTECTIVE INTENT OF THE ORDINANCE AND ABANDON ITS MIDDLE-GROUND STANCE OF SUGGESTING THAT THE LANGUAGE OF THE EXISTING ORDINANCE IS JUSTIFIED TO CONTINUE THE COLLECTION OF A HOTEL TAX ON STRs -- >> 20 SECONDS. >> I EXPECT YOU TO STAND UNIFIED WITH YOUR CITIZENS AND DECLARE THAT PROHIBITING STRs IN PLANO RESIDENTIAL NEIGHBORHOODS ABSOLUTELY DOES ADVANCE THE PUBLIC'S PURPOSE BY ENSURING SAFETY FOR OUR NEIGHBORHOODS. USE OUR TAX DOLLARS TO PREPARE A ROBUST CASE AND STAND UP TO THE POTENTIAL THREAT OF LAWSUITS FROM THOSE CURRENTLY IN VIOLATION OF THE SPIRIT OF OUR ORDINANCES. THANK YOU FOR YOUR WORK. >> Mayor Muns: THANK YOU. [APPLAUSE] >> I THINK IT'S STILL MONDAY. I DON'T KNOW. MY NAME IS CHRISTY DAVIDSON. I'VE LIVED IN PLANO FOR 35 YEARS. THE LAST 21 ON A BEAUTIFUL CUL-DE-SAC WITH GREAT NEIGHBORS. ABOUT A YEAR AGO A MAN FROM OUT OF STATE BOUGHT THE HOME NEXT TO ME AND PROMPTLY OPENED A HOTEL. I'M NOT GOING TO CALL IT THE INNOCENT ACRONYM STR, VRBO, IT IS MOST DEFINITELY A HOTEL. SINCE THE HOME IS VERY LARGE AND THE DAILY RATE IS $1100 I'M GOING TO GIVE YOU A SAMPLING OF WHAT WE GET. MULTIPLE FAMILIES AT ONCE, LIKE THE FIVE FAMILIES THAT ARE STAYING THERE RIGHT NOW AS WE SPEAK. HUGE BACHELOR PARTIES, BACHELORETTE PARTIES, A SEMI PRO HOCKEY TEAM FM OREGON ALL 23 OF THEM. A GROUP OF 20 SOMETHINGs ALL DRIVING REALLY EXPENSIVE CARS DRIVING NITROUS TANKS ACCOMPANIED BY KIDS COMING AND GOING ALL WEEKEND WITH THE BLINDS SHUT. DRUG ACTIVITY. YEAH. PROBABLY. AND FINALLY, AS OF THREE WEEKS AGO, WHAT APPEARED TO BE A WEEKEND BROTHEL, COMPLETE WITH NAKED WOMEN, CARS LINING THE STREETS, FILLED WITH MEN ALL WITNESSED BY OUR NEIGHBORS. WE START EACH WEEK WONDERING WHAT IS IT GOING TO BE THIS WEEK? AND I'M LEFT WITH TWO QUESTIONS. WHY DOES A MAN FROM OUT OF STATE WHOSE KIDS WILL NEVER GO TO OUR SCHOOLS, HE WON'T LIVE IN THAT HOUSE, HAVE MORE RIGHTS THAN I DO? AND WHY DO I FEEL LIKE I'M FIGHTING THE VERY PEOPLE I VOTED FOR TO REPRESENT ME AND KEEP OUR NEIGHBORHOODS SAFE AND PLANO A DESIRABLE PLACE TO LIVE. AND ONE LAST NOTE, THIS HOUSE IS BOOKED FOR THE ENTIRE WEEK OF HALLOWEEN AND WE DO HAVE TRICK-OR-TREATERS AND PARENTS, PLEASE BE AWARE. FROM WHAT I'VE SEEN, I DON'T KNOW IF WOULD WANT MY KIDS TRICK-OR-TREATING. THANK YOU. [CHEERING AND APPLAUSE] >> THE NEXT SPEAKER IS MIKE LICER FOLLOWED BY MARIA BOWER. HAVE LIVED IN PLANO SINCEAND I 1989, OVER 33 YEARS NOW I HAVE LIVED IN OUR 360 HOME NEIGHBORHOOD. THAT'S WHERE I LIVE NOW, FOREST CREEK ESTATES SINCE 2006. I'M PRESIDENT OF OUR HOA BUT TONIGHT I'M NOT HERE SPEAKING AS PRESIDENT OF OUR HOA BUT INSTEAD AS A MEMBER OF OUR NEIGHBORHOOD THAT'S CONCERED ABOUT THIS STR ISSUE. CLEARLY, AS WE'VE HEARD TONIGHT, THIS IS A COMPLEX ISSUE. BUT LET ME SIMPLIFY IT. I WOULD LIKE TO ASK YOU A RHETORICAL QUESTION. GIVEN ALL THE CONCERNS WE'VE HEARD, WE JUST HAD A GREAT TESTIMONY, HOW MANY OF YOU WOULD BE COMFORTABLE, PERFECTLY COMFORTABLE WITH A SHORT-TERM RENTAL MOVING NEXT DOOR TO YOU? I KNOW THAT IF YOU RAISE YOUR HAND, NOBODY WOULD RAISE THEIR HAND. WHO WANTS THAT? I ASK THE SAME QUESTION OUT HERE, NOT JUST THESE FOLKS BUT ANYWHERE. NOBODY WANTS THAT. CLEARLY THIS IS AN ISSUE THAT UNIFIES ALL OF US AND I KNOW THERE'S DIFFICULTIES AND CHALLENGES BUT SOMETHING, SURELY SOMETHING CAN BE DONE. SO MY MESSAGE HERE TONIGHT IS PLEASE DO THE RIGHT THING. DO UNTO OTHERS AS YOU WOULD HAVE THEM DO UNTO YOU. FIND A SOLUTION THAT YOU FEEL THE MOST COMFORTABLE THAT YOU WOULD HAVE TO LIVE NEXT DOOR TO IT. THANK YOU. [APPLAUSE] >> HELLO. MY NAME IS MARIA BOWER. MY HUSBAND AND I ARE BOTH NAVY VETERANS. WE CHOSE PLANO TO RAISE OUR FAMILY AND BOUGHTN A ZONED RESIDENTIAL NEIGHBORHOOD. BUT I FEEL LIKE ASKING TONIGHT, IS THERE ANYBODY WHO OWNS AN STR THAT WANTS TO BUY MY HOUSE FOR CASH BECAUSE YOU SEEM TO HAVE MORE RIGHTS THAN I DO AS A NAVY VETERAN OWNING MY HOME. I'M NOT TAKING THIS OUT ON THE CITY. I KNOW THAT NO ONE HERE IN THEIR RIGHT MIND WANTED THIS. BELIEVE ME, I KNOW THAT. SOMEHOW SOMEBODY LET THE FIRST ZONED RESIDENTIAL NEIGHBORHOOD DECIDE IT WAS MIXED USE AND WE DIDN'T HAVE A SAY IN IT. WE LIVE THREE HOUSES DOWN FROM AN STR TURNED MOTEL. THE STR IS LOCATED IN THE ENTRYWAY TO TWO NEIGHBORHOODS. THE ONLY THING SEPARATING THIS HOUSE OF PROSTITUTION, DRUGS, AND FIVE TRASH CANS OVERFLOWING WITH BOTTLES. FROM PREGNANT MOMS WITH STROLLERS, 8-YEAR-OLDS ON BIKES AND THE SCHOOL BUS STOP IS THE CURB. WHEN THERE WERE NAKED WOMEN WITH WOMEN BEING ASSISTED IN THE CARS UNDER THE INFLUENCE, OUR NEIGHBORS HAD ZERO CLUE. IT WAS LIKE A GANG DESCENDED ON OUR NEIGHBORHOOD. THESE NEIGHBORS HAD NO CLUE BECAUSE THE SINGLE-FAMILY ZONING NO LONGER EXISTED. WITH THE CITY GETTING A HOTEL TAX ON A MOTEL WITH NO FRONT DESK AND NO SECURITY. DON'T ALLOW YOURSELF TO BE BULLIED. THE UNITED STATES WOULD NOT BE THE UNITED STATES IF WE ALLOWED OURSELVES TO BE BULLIED. PLANO HAS MONEY. WE CAN FIGHT A LAWSUIT. REGISTRATION IS A JOKE. DALLAS HAS 20% REGISTERED. DON'T KID YOURSELF. STR OWNERS ARE OUT OF STATE. THIS IDEA OF REGISTRATION IS A JOKE. OTHER TEXAS CITIES HAVE FIGURED IT OUT. WE CAN TOO. PLEASE DO SOMETHING BEFORE WE LOSE MORE NEIGHBORS OR WORSE. THANK YOU. [APPLAUSE] >> THE NEXT SPEAKER IS BILL BAKER FOLLOWED BY ALENA BURKE. >> MAYOR MUNS, CITY COUNCIL. I'M BACK. MY WIFE AND I MOVED HERE 41 YEARS AGO. I HAVE SEEN A LOT OF CHANGES AND THE ONES I'M SEEING LATELY ARE VERY DISTURBING. I DO NOT WANT SHORT RENTALS IN MY CITY, TO BE CLEAR. WHATCCURRED ON LAS PALMAS LAST MONTH WAS HORRENDOUS. THANK GOD I DIDN'T LIVE NEXT DOOR. I HOPE YOU HOPE YOU NEVER FIND ONE NEXT DOOR. BUT I'M SURE THERE'S GOING TO BE ANOTHER ONE POP UP BEFORE YOU KNOW IT. THE CITY DOESN'T NEED THAT BAD PRESS. I'M EMBARRASSED. THIS BUSINESS MODEL CREATES THE PERFECT ENVIRONMENT FOR PLANO FOR ILLEGAL ACTIVITY. NO ONE KNOWS WHO ARE IN THESE HOMES. I CAN RENT ONE. I GIVE THEM MY NAME. I GIVE THEM A CREDIT CARD NUMBER. THEY'RE HAPPY. THEY HAVE NO IDEA WHAT THE OTHER 14 PEOPLE THAT I HAVE INVITED TO MY PARTY ARE ABOUT OR WHERE THEY CAME FROM. THAT PUTS ME AND MY NEIGHBORS AT RISK. WHO SHOULD BE ACCOUNTABLE? THE PROPERTY OWNER? THE HOST? THE GSTS? THE CITY? THE PLATFORM COMPANY? THAT SAME COMPANY AND THE REAL ESTATE INDUSTRY AND INVESTORS ARE MAKING MILLIONS AT THE EXPENSE OF MY NEIGHBORHOOD. IT WILL CAUSE IRREPARABLE DAMAGE TO THE SHEER FABRIC OF OUR NEIGHBORHOODS. THEY BREAK IT DOWN, THEY DON'T ENHANCE IT. >> Mayor Muns: MR. BAKER, TEN SECONDS TO WRAP IT UP. >> I EXPECT YOU TO HELP US FIX THIS PROBLEM AND ASK FOR OUR HELP AND WE'LL HELP YOU. THANKS FOR LISTENING. >> Mayor Muns: THANK YOU. [APPLAUSE] >> MY NAME IS ELENA BURKE. GOOD EVENING, MAYOR AND COUNCIL AND ALL MY NEIGHBORS. MY NAME IS ELENA BURKE. I HAVE LIVED IN MY PLANO HOME FOR 29 YEARS. I LOVE MY HOME. MY NEIGHBORS, MY NEIGHBORHOOD. WHAT I'M GOING TO READ TO YOU TONIGHT IS JUST SOME HEADLINES REGARDING SHORT-TERM RENTALS. FOX NEWS 2020 TEEN GIRL SHOT DURING PARTY TAKING PLACE IN A SHORT-TERM RENTAL IN TEXAS. JUNE 2021 AIRBNB IS SPENDING MILLIONS OF DOLLARS TO, QUOTE, MAKE NIGHTMARES GO AWAY INCLUDING PAYMENT OF $7 MILLION TO A WOMAN RAPED IN A NEW YORK CITY SHORT-TERM RENTAL. CHICAGO POLICE FOUND 20 ILLEGAL GUNS AND 200 PEOPLE FILMING A MUSIC VIDEO IN A SHORT-TERM RENTAL IN FEBRUARY 2020. FOX NEWS, CALIFORNIA WOMAN RENTS AIRBNB TO HAVE SEXUAL LIAISON WITH A 14-YEAR-OLD BOY. WFAA DFW. 80% OF DALLAS RESIDENTS DO NOT WANT TO LIVE NEXT TO A SHORT-TERM RENTAL. SHORT-TERM RENTERS HAVE NO SAKE IN THE COMMUNITY. CBC, 2019, PLANO HOUSE PARTY SHOOTING HIGHLIGHTS CONCERNS ABOUT A SHORT-TERM RENTAL OWNED BY A COMMERCIAL COMPANY. ABC NEWS, THREE TEENS SHOT DURING A HOMECOMING PARTY AT A SHORT-TERM RENTAL IN KATY, TEXAS. THERE WERE UPWARDS OF 200 TEENS AT THE HOME. ARIZONA CENTRAL, SHORT-TERM RENTAL SHOOTING ADDS FUEL TO AINB OPPOSITN. NBC2022, THREE ARRESTED IN THE SHOOTING DEATH OF A PLAYER. NORTH UNIVERSITY, STUDY FINDS AIRBNB RAISES VIOLENT CRIME IN CITIES AS LONG-TERM RESIDENTS ARE PUSHED OUT. MY QUESTION IS HOW MISERABLE DO YOUR CONSTITUENTS NEED TO GET BEFORE SOMETHING IS DONE? THANK YOU. [APPLAUSE] >> THE NEXT SPEAKER IS STEVEN CABNER FOLLOWED BY BARBARA FRANCE. >> [OFF MIC] THIS IS WHERE I TELL YOU HOW LONG I'VE BEEN HERE BUT I'M NOT SO GOOD WITH NUMBERS AND NUMBERS ARE REALLY A LITTLE SKEWED ALL NIGHT. I HAVE BEEN HERE SINCE 1997. I HAVE BEEN IN FOREST CREEK ESTATES SINCE 2001 AND WE WERE GIVEN A PLATINUM BEST NEIGHBORHOOD. AND YOU HAVE DECIDED WHAT A BEST NEIGHBORHOOD IS. THE BEST NEIGHBORHOOD DESIGNATION PROGRAM RECOGNIZES NEIGHBORHOODS THAT HAVE GONE ABOVE AND BEYOND TO CREATE A COMMUNITY THAT'S BEAUTIFUL, ENGAGED, SAFE, AND THRIVING. BUT THERE HAPPENS TO BE A SHORT-TER RENTAL IN THAT NEIGHBORHOOD SO NOT SO SAFE, NOT SO ENGAGING. I HAVE BEEN HERE NOW FOR SIX OF THESE MEETINGS BECAUSE FRIENDS OF OURS TOLD US OF THE PROBLEM THEY WERE HAVING FIVE MILES AWAY IN ANOTHER PART OF PLANO. I THOUGHT THAT WAS ONE BUT I'M NOT SO GOOD WITH NUMBERS. IT WASN'T JUST ONE. THERE'S ALSO ONE RIGHT IN MY NEIGHBORHOOD AND THEN TWO DOORS DOWN THEY'VE NOW RENOVATED A HOUSE IN THREE DAYS FOR 72 HOURS -- IS IT 72 HOURS TO RENOVATE IT. WHAT IS THAT PLACE GOING TO BE? I DON'T WANT TO LIVE NEAR THERE. I WON'T BE ABLE TO SELL MY HOUSE THERE. THAT'S WHAT ALL THE CONFUSION IS. THE POLICE NUMBERS, I HAVE LEARNED TONIGHT, MEAN THAT WE SHOULDN'T BE SO POLITE. EVERY TIME THERE'S SOME NOISE, WE BETTER CALL THEM. EVERY TIME THERE'S GARBAGE AND PARKING, WE BETTER CALL THEM BECAUSE WE'VE BEEN TOO POLITE AND SAID WE SHOULDN'T CALL THEM. THEY HAVE MORE IMPORTANT THINGS TO DO. WELL, THIS IS NOW IMPORTANT AND WE WILL ALL START MAKING THE CALLS BECAUSE WE NEED SOMETHING DONE. AND THE OY WAYE CAN DO IT NOW IS TO VOTE FOR EACH OF YOU WHEN YOU'RE UP FOR RE-ELECTION. WHO SUPPORTS US AND WHO DOESN'T. THANK YOU. [CHEERING AND APPLAUSE] >> HI, MY NAME IS BARBARA FRANCE AND I HAVE LIVED IN PLANO FOR 25 YEARS. MY NEIGHBORHOOD DOES NOT HAVE A MANDATORY HOA. LAST YEAR PLANO WAS RANKED AS THE NUMBER ONE SAFEST CITY IN TEXAS. THIS IS THANKS IN PART TO PLANO'S CRIME PREVENTION UNIT. THEY ORGANIZE AND SUPPORT A NEIGHBORHOOD CRIME WATCH PROGRAM AND THEY ENGAGE WITH CITIZENS THROUGH ACTIVITIES SUCH AS NATIONAL NIGHT OUT. THERE ARE TWO BASIC PRINCIPLES OF A NEIGHBORHOOD CRIME WATCH. KNOW YOUR NEIGHBORS AND REPORT SUSPICIOUS ACTIVITY. AND THIS IS AN EFFECTIVE TOOL, AN ANALYSIS BY THE DEPARTMENT OF JUSTICE FOUND THAT CRIME WATCH AREAS ARE ASSOCIATED WITH LOWER CRIME. AND FROM OUR OWN PLANO.GOV WEBSITE, AN ALERT AND COOPERATIVE NEIGHBOOOD IS THE GREATEST SINGLE DEFENSE AGAINST CRIME. HOWEVER, A RECENT STUDY HIGHLIGHTED A DIRECT LINK BETWEEN SHORT-TERM RENTALS AND AN INCREASE IN VIOLENT CRIME. THIS CAN BE ATTRIBUTED TO A LOSS OF COMMUNITY COHESION. FEWER RESIDENTS MEANS FEWER ENGAGED CITIZENS AND A LESS EFFECTIVE NEIGHBORHOOD CRIME WATCH. WE MUST STOP THE PROLIFERATION OF STRs IF WE WANT TO KEEP PLANO A SAFE AND THRIVING CITY. THANK YOU. [APPLAUSE] THE NEXT SPEAKER IS KATHRYN PARKER FOLLOWED BY BENJAMIN SOW. >> I'M SPEAKING FOR MY WIFE. SHE LOST HER VOICE. MAYOR MUNS, MEMBERS OF THE CITY COUNCIL. MY NAME IS AROUND PARKER. MY WIFE AND I HAVE LIVED IN PLANO FOR EIGHT YEA. I HAVE SPOKENREVIOUSLY ABOUT SHORT-TERM RENTALS. TONIGHT I'M GOING TO TALK ABOUT BAD APPLES. WE HAVE REPEATEDLY HEARD THAT THERE ARE JUST A FEW BAD APPLES. I WOULD LIKE TO TELL YOU THAT EVERY SHORT-TERM RENTAL IS A BAD APPLE. IT'S JUST A MATTER OF TIME. IF YOU LIVE NEXT TO ONE, ON EVERY THURSDAY YOU START WATCHING THE HOUSE AND WONDERING WHAT WILL HAPPEN THIS TIME? WILL IT BE A LATE WILD PARTY? DRUNK PEOPLE IN MY FRONT YARD FIGHTING? OR WILL IT BE A WEEKEND OF SHOOTING, DG ACTIVITY, OR SOMETHING THAT EVERYBODY ON THIS COUNCIL UNDERSTANDS AND KNOWS ABOUT, PROSTITUTION. WE SHOULDN'T HAVE TO WONDER IF THIS WEEKEND THAT THE SHORT-TERM RENTAL IN OUR NEIGHBORHOOD BECOMES THAT BAD APPLE. WE LIVE IN A SINGLE-FAMILY RESIDENT NEIGHBORHOOD THAT DOES NOT ALLOW COMMERCIAL LODGING. SHORT-TERM RENTALS ARE HOTELS. THESE PROPERTIES NEED TO BE IN AREAS THAT ARE ZONED FOR HOTELS, NOT IN RESIDENTIAL NEIGHBORHOODS LIKE OURS. I HOPE YOU UNDERSTAND WHERE I'M COMING FROM. WE CAN ONLY TAKE SO MUCH UNTIL SOMETHING GIVES AND WE WANT YOU FOLKS TO HELP US BECAUSE WE NEED YOUR HELP. THANK YOU. [APPLAUSE] >> GOOD EVENING, MAYOR, COUNCIL MEMBERS. LONG NIGHT SO I REALLY DON'T ENVY YOUR JOBS. I DID ENJOY THE LITTLE STATISTICS LESSON EARLIER BETWEEN MR. RICHARD. I MYSELF ENJOY DATA SO IT MAKES ME HAPPY AND CONFIDENT TO SEE THE DIVERSE BACKGROUND WE HAVE ON OUR COUNCIL HERE. I KNOW THERE'S BUSINESS OWNERS. WE'VE GOT TWO LAWYERS. A MAN WITH A VERY, VERY LONG RESUMÉ. 16-YEAR VETERAN OF THE PISD BOARD. A FIVE-YEAR VETERAN OF OUR PARKS AND REC COUNCIL AND THREE FORMER MEMBERS OF THE PLANO ZONING BOARD. AS MUCH AS THIS STR ISSUE IMPACTS ALL OF US HERE, IT IMPACTS EACH OF YOU A THE WORK YOU HAVE DONE IN THIS CITY AS WELL. DON'T LET THESE STRs DESTROY ALL THE YEARS YOU HAVE SACRIFICED FOR THE CITY. OUR HIGHLY-RATED SCHOOL DISTRICT, OUR AMAZING PARKS AND REC, ALL OF OUR SMALL BUSINESSES LARGE CORPORATIONS, THEY ALL DEPEND ON HOUSES THAT ARE FILLED WITH CITIZENS. AND THEY SUFFER WITH THE SPREAD OF STRs. NOW, BEFORE I READ YOUR PROFILES, I HAD ORIGINALY THOUGHT [INDISCERNIBLE] BUT I WAS WRONG. AST.LE ARE PLANO'S GREATEST,- I WT YOU TO LOOK AT EVERYONE ON THIS COUNCIL, LOOK AT EVERYTHING YOU'VE DONE FOR THIS CITY AND THEN LOOK OUT HERE IN THIS AUDIENCE. EVERYONE OUT HERE, WHY THEY'RE HERE. THIS IS WHY THE CITY IS GREAT. THE PEOPLE. AND THIS IS WHAT HAPPENS WHEN HOMES ARE FILLED WITH CITIZENS. WE HAVE PEOPLE THAT CARE AND CONTRIBUTE AND PEOPLE WHO WILL CONTINUE TO BUILD UPON WHAT OUR PREDECESSORS HAVE CREATED. DO NOT LET SHORT-TERM RENTALS ROB OUR CITY OF ITS GREATEST ASSET.& NEIGHBORHOODS ARE FOR NEIGHBORS AND PLANO AND HER CITIZENS DESERVE AT LEAST THAT MUCH. THANK YOU. [APPLAUSE] >> LYNN McCRACKER FOLLOWED BY GLENN SMITH. >> GOOD EVENING. MY NAME IS LYNN AND I HAVE LIVED IN PLANO FOR 25 YEARS AND RAISED A FAMILY HERE AND REALLY EVERYTHING HAS BEEN SAID AND I APPRECIATE ALL THE DUE DILIGENCE YOU GUYS ARE DOING AND WILL CONTINUE TO BUWE A, I'M HOPING TO RETIRE IN THE NEXT YEAR AND TO LOOK FOR SOMEWHERE ELSE TO LIVE IN PLANO. AND IT CAME TO MY ATTENTION THROUGH ALL THESE WONDERFUL PEOPLE WHO HAVE KEPT US INFORMED THAT IT'S NOT WHAT I'LL BE LOOKING AT WHETHER THE ROOF NEEDS TO BE FIXED OR WHAT THE COMPS ARE, IT'S GOING TO BE IS THERE AN STR CLOSE TO A HOME THAT I MIGHT CHOOSE TO LIVE IN. I HOPE WITH ALL THE DUE DILIGENCE YOU'LL DO AND THE RESULTS THAT YOU'LL COME UP WITH THAT SOMEHOW AT THE END THERE WILL BE A WAY TO KNOW WHERE THESE HOMES ARE SITUATED WEAN CHOOSE WHERE WE WANT TO LIVE. BUT THE REAL ESTATE AGENT I GO TO CAN ANSWER THE QUESTION, IS THERE AN STR ON THIS STREET THAT I'M CHOOSING TO LIVE IN? I'M HOPING THAT SOMEHOW THIS WILL BE RESOLVED. I'M ASKING PERSONALLY BECAUSE EVERYONE'S REALLY SAID EVERYTHING THAT NEEDED TO BE SAID AND I HOPE THAT YOU'LL COME TO A RESOLUTION THAT WILL HELP ALL OF US. THANK YOU. [APPLAUSE] >> GOOD EVENING, MR. MAYOR, COUNCIL MEMBERS, AND STAFF MY NAME IS GLENN SMITH. I'M A VETERAN OF THE UNITED STATES AIR FORCE, A PLANO RESIDENT FOR 25 YEARS. I MOVED FROM CARROLLTON TO PLANO IN 1997 TO RAISE MY CHILDREN IN PLANO SCHOOLS, TO LIVE IN PLANO'S NEIGHBORHOODS AND TO BUILD FRIENDSHIPS WITH MY NEIGHBORS AND VOLUNTEER AND SUPPORT MY COMMUNITY. TO MAKE A BETTER PLACE TO LIVE. THANKS TO OUR CITIZENS AND OUR CITY LEADERS, PLANO IS RECOGNIZED ACROSS THE COUNTRY AS A WELL-RUN CITY WITH EXCELLENT NEIGHBORHOOD COMMUNITIES AND A VERY ATTRACTIVE LOCATION FOR LARGE AND SMALL BUSINESSES. HOWEVER, IN RECENT YEARS THE ADVENT OF A NEW TYPE OF UNCONTROLLED UNREGULATED LODGING BUSINESS HAS BEEN CREATED WHICH RENTS HOUSES FOR THE USE OF VACATIONNG, WEEKEND GETAWAYS AND UNRESPECTABLE ACTIVITIES BEGINNING TO ERODE THE VERY NATURE OF WHAT HAS MADE PLANO THE COMMUNITY THAT HAS ATTRACTED BOTH FAMILIES AND BUSINESSES TO OUR CITY. THE CREATION OF UNCONTROLLED TRANSFORMATION OF OUTWARDLY BEAUTIFUL RESIDENTIAL HOMES INTO INWARDLY UGLY BOARDINGHOUSES AND PARTY HOUSES IS BEGINNING TO TURN THE PRIDE AND JOY OF PLANO INTO A GROWING NON-NEIGHBORLY ACT OF NUISANCE, CRIME, AND DISRUPTION. UNLESS WE MAKE HARD AND FAST CHANGES THAT ARE FOR OUR RESIDENTS, NOW OVER 700 KNOWN STR PROPERTIES WILL INCREASE EXPONENTIALLY AND WITHOUT IT A CONTINUATION AND DRAMATIC INCREASE IN THE CRIME NUMBERS WE ALL HATE TO HEAR ABOUT IN OUR CITY OF PLANO. AND DON'T THINK THIS IS JUST ABOUT US, OUR NEIGHBORS WHO HAVE COME HERE TONIGHT TO ASK FOR YOURELP. WITH THE EXCEPTION R TWO OF YOU, EVERYONE ON THE CITY COUNCIL HAS THESE IN YOUR NEIGHBORHOODS AND IN SOME CASES UP TO 18 PEOPLE CAN COME INTO THAT HOUSE. JUST THINK ABOUT WHAT CAN HAPPEN TO YOUR WEEKEND AND YOUR CHILDREN IF THEY'RE YOUNG ENOUGH. THANK YOU FOR YOUR TIME. WE APPRECIATE IT. [APPLAUSE] >> THE NEXT SPEAKER IS STEVEN FOLLOWED BY DANA FOX. >> GOOD EVENING. I'M AN 18-YEAR RESIDENT OF PLANO. FIRST, THANK YOU FOR PUTTING THIS ON YOUR AGENDA AND THANK YOU, GENTLEMEN FOR THE VERY GOOD PRESENTATION. IT WAS VERY INTERESTING. SECOND, WE NEED A PLAN. WE'RE GOOD AT PLANNING. IN FACT, SOME WOULD SAY WE'RE EXCELLENT AT PLANNING, JUST READ THE SIGN THERE. PREMIER PARKS, RECREATION CENTERS ARTS OUTSTANDING POLICE, EXCELLENT SCHOOLS. WE NEED A PLAN FOR STRs. TO BE CLEAR, WE ARE NOT AGAINST STRs AS AN INDUSTRY, WE'RE AGAINST HAVING THEM IN YOU AND ME AND ALL THE CITIZENS OF PLANO NEED TO MAKE A PLAN FOR THE NEXT 150 YEARS. I WOULD SUGGEST WE START NOW. MY NOTES FROM THIS EVENING. ONE, INVEST IN ACCURATE DATA COLLECTION. I HAVE HEARD ALL KINDS OF NUMBERS FROM AIR DNA. SUBSCRIBE TO AIR DNA AND GET THE RIGHT NUMBERS. I HAVE, WE CAN, AND WE CAN DO THAT TOGETHER. YOU CAN'T MAKE GOOD DECISIONS WITHOUT GOOD DATA. STRs, THIS WAS MENTIONED BEFORE, NOT COMMERCIAL. WE COLLECT HOTEL TAX BUT THEY ARE NOT HOTELS FOR P&Z. WE NEED TO SORT THAT OUT. I CAN'T REALLOCUSN A TARGET IF IT HAS ALL THESE DIFFERENT PERSONALITIES AND NAMES. WE NEED TO GET THAT STRAIGHTENED OUT. HOAs, Y'ALL HAVE MENTIONED SOME SUCCESS IN THE COURT WITH HOAs. LET'S NOT LEAVE THIS UP TO THE HOAs BECAUSE SOME FOLKS DON'T HAVE VERY STRONG OR REQUIRED HOAs. LET'S MAKE IT A CITY ISSUE AND A CITY SOLUTION, PLEASE. AND THE SOLUTION IS GOING TO BE COMPLICATED. IT'S NOT GOING TO BE A ONE-SIZE FITS ALL. LET'S LEARN FROM OTHER CITIES AND THEIR FAILURES. DON'T FOLLOW THE FAILURES BUT FOLLOW THE ADVICE OF PROACTIVE PROHIBITION. I REALLY LIKE THAT IDEA. THANK YOU. [APPLAUSE] >> THANK YOU, MR. MAYOR AND COUNCIL FOR LETTING ME SPEAK TONIGHT. MY NAME IS DANA FOX AND I HAVE BEEN A CITIZEN OF PLANO FOR TWO YEARS. MY HUSBAND HAS BEEN A CITIZEN FOR TEN YEARS. WE'RE NEWLYWEDS. THE SHORT-TERM RENTAL NEXT DOOR TO ME IS RENTED BY THE ROOM. FIVE BEDROOMS. IT IS NOT LISTED ON EITHER AIRBNB OR VBRO. I HAVE CALLED ABOUT THIS PROPERTY ON SEVERAL PROPERTY VIOLATIONS, HOWEVER VERY RECENTLY THIS NUISANCE TOOK ON A WHOLE NEW LEVEL. ON THIS NIGHT MY 16-YEAR-OLD STEPDAUGHTER WAS PARKING HER CAR OUTSIDE OF OUR HOME. SHE WAS COMING HOME LATE FROM WORK. A VAN WITH ITS LIGHTS OFF FOLLOWED HER IN AND PARKED BEHIND HER VERY CLOSE. THIS MANEUVER WAS ON PURPOSE. FOR A FEW MINUTES THE VAN -- AFTER A FEW MINUTES THE VAN BACKED AWAY AND MOVED INTO THE MIDDLE OF THE STREET AND LAID IDLE STILL WITH ITS LIGHTS OFF. AT THIS POINT MY STEPDAUGHTER WAS SO AFRAID. SHE TRIED TO TEXT US. SHE COULDN'T REACH US BECAUSE WE WERE IN THE HOUSE. WHEN SHE SAW THIS CAR HAD JUST MOVED OVER TO THE MIDDLE OF THE STREET AND LAID IDLE IN THE MIDDLE OF THE STREET, SHE BOTTLED FROM HER CAR AND RAN INSIDE THE HOUSE AND HAD A LOOK OF TERROR ON HER FACE. THE BEHAVIOR OF THIS VAN DIDN'T GO UNNOTICED BECAUSE ANOTHER RESIDENT CALLED THE POLICE. IT TURNS OUT THAT THIS VISITOR WAS SOMEONE -- WAS PART OF ONE OF THE RENTERS NEXT DOOR. HE DIDN'T LIKE ALL OF THE PARKING THAT WAS HAPPENING ON THT UPON HIMSELF TO ENFORCE AND HAVE HER NOT BE THERE. HE WAS TRYING TO FRIGHTEN HER AND IT WORKED. THIS HOUSE IS NOT RESIDENTIAL AND IT SHOULD NOT BE PERMITTED. WE DON'T KNOW WHO LIVES NEXT DOOR TO US. PLEASE UPHOLD OUR CURRENT ZONING LAWS AND NOT ALLOW THESE TYPES OF BUSINESSES IN OUR NEIGHBORHOOD. THANK YOU. [APPLAUSE] >> THE NEXT SPEAKER IS MARLA FOLLOWED BY JOANIE ID. >> GOOD EVENING, MAYOR MUNS AND PLANO CITY COUNCIL MEMBERS. I'M MARLA, A 40-YEAR RESIDENT OF PLANO. I INVESTED IN MY NEIGHBORHOOD, ASSURED THAT I WOULD HAVE A PROTECTED RESIDENTIAL LIFESTYLE WHERE I COULD RAISE A FAMILY. BUT THAT ASSURANCE VANISHED WITH THE APPEARANCE OF SHORT-TERM RENTALS IN PLANO. THE TRASH, PARKING, AND NOISE ISSUES ACCOMPANYING THE THREAT OF ILLEGAL ACTIVITIES THAT MAY CUR AS WE ALL SAW IN THE SEX RING BEING RUN OUT OF A PLANO STR. WE FOUND OURSELVES HAVING TO CREATE THIS GRASSROOTS MOVEMENT TO CONVINCE YOU THAT IT'S TIME TO ACT ON BEHALF OF YOUR CONSTITUENTS. WE FACE OPPOSITION FROM DEEP-POCKET BUSINESS GROUPS THAT CAN BULLY THEIR WAY PAST THE CITY COUNCIL AND INTO OUR BACKYARDS. REGISTRATION ONLY DOES NOT SOLVE THE PROBLEMS THAT YOUR CITIZENS ARE NOW FACING. WE AS INDIVIDUAL PLANO RESIDENTS CANNOT DEFEND OURSELVES AGAINST THIS PROLIFERATION. WE ARE BEGGING Y, AS OUR ELECTED REPRESENTATIVES, TO STAND UP TO THIS ISSUE THAT THREATENS OUR DAILY LIVES AS RESIDENTS OF PLANO. SO I ASK YOU, WHAT IS YOUR OBLIGATION AND RESPONSIBILITY TO THE CITIZENS OF PLANO? THIS IS THE TURNING POINT. WE NEED YOUR HELP AND WE NEED IT NOW. THANK YOU. [APPLAUSE] >> HELLO. MY NAME IS JOANIE REID AND I I HAVE HEARD A LOT TONIGHT ABOUT STRs'S RIGHTS BUT WHERE ARE MY 5-YEAR-OLD DAUGHTER'S RIGHTS TO PLAY IN HER FRONT YARD? WE LIVE DIRECTLY ACROSS THE STREET FROM A PARK. I CAN THROW A STONE AND HIT THE PARK. OUR CITY SAYS THAT A PEDOPHILE, A SEX OFFENDER CANNOT LIVE WITHIN 1,000 FEET OF A PARK BUT HOW WOULD YOU KNOW WHO IS RENTING THE AIRBNB FOR 21 DAYS? THE CITY SAYS ANYBODY LIVING SOMEWHERE MORE THAN SEVEN DAYS MUST BE REGISTERED AS A SEX OFFENDER. WELL, THE AIRBNB IN MY NEIGHBORHOOD GETS RENTED 21 DAYS AT A TIME AND NOBODY WOULD KNOW A PEDOPHILE IS LIVING THERE. WHERE ARE MY DAUGHTER'S RIGHTS? I AM A CONSTITUTIONALIST THROUGH AND THROUGH. I DO NOT WANT YOU TO TAKE AWAY PEOPLE'S PROPERTY RIGHTS, TRUST ME WHEN I SAY THAT. BUT NO ONE DOES BACKGROUND CHECKS ON THESE PEOPLE. NOT AIRBNB, NOT VRBO, NOT YOU. WE DIDN'T KNOW A SEX TRAFFICKING RING WAS IN OUR NEIGHBORHOODS SO WHEN YOU HAVE CHILDREN INVOLVED, NOBODY CAN GUARANTEE ME THAT A PEDOPHILE, A SEX OFFENDER IS NOT WALKING& IN AND OUT OF MY PARK WITH ACCESS TO MY CHILD. IT'S NOT A MATTER O I SOMETHING BAD HAPPENS, IT'S A MATTER OF WHEN AND SO WE'RE BEGGING YOU TONIGHT TO TAKE ACTION AND DO SOMETHING REAL, NOT A REGISTRATION. SURE, IT'S A LITTLE BIT OF A BAND-AID BUT WE NEED HELP. WHAT MAKES ME MOST ANGRY IS THAT IF ANY OF THESE STRs LIVED NEXT TO YOU YOU WOULD BE WORKING BEHIND THE SCENES, USING YOUR CONNECTIONS AND PULLING STRINGS TO MAKE SURE IT DIDN'T HAPPEN. WE ARE NOT YOUR ENEMIES. THIS ROOM IS NOT YOUR ENEMIES. WE NEED YOUR HELP. WE ARE ON THE SAME TEAM AND IT IS TIME TO START ACTING LIKE IT TONIGHT. THANK YOU. [APPLAUSE] >> THE NEXT SPEAKER IS TERESA GARNER FOLLOWED BY MARK CLAPPER. THEN MARK CLAPPER FOLLOWED BY JOHN ARBUCKLE. >> DO I GET THREE MINUTES? [ LAUGHTER ] >> GOOD EVENING. I'M A PLANO RESIDENT FOR OVER 34 YEARS AND LIKE MANY PEOPLE HERE WE MOVED HERE BECAUSE OF AT T CITY OF PLANO STOOD FOR. IT WAS A SUBURB, QUIET COMMUNITY, CITY OF EXCELLENCE, GREAT SCHOOLS, ALL THESE WONDERFUL THINGS THAT YOU PICK A CITY FOR. CITY OF PLANO HAS BEEN AFFECTED BY TWO STDs. HDAs HIGH-DENSITY APARTMENTS AND SHORT-TERM RENTALS. NOW FOR THE MOST PART, LIKE I SAID, THERE'S THAT BAD APPLE. MANY OF THEM OPERATE QUIETLY FOR A FEW OF THESE. BUT IN SOME CASES, LIKE THE ONE WE HAD A WHILE BACK, WE COULD NOT FIND A PLACE TO GO UP AND DOWN OUR STREET. BACK-TO-BACK CARS ON BOTH SIDES DOWN THE CUL-DE-SAC, DOWN THE SIDE STREET. WE COUNTED OVER 50 CARS AND QUIT COUNTING. NONE OF THEM WERE OUR RESIDENTS BECAUSE WE WERE ALL COMPLAINING WE COULDN'T GET DOWN THE STREET. THIS IS JUST ONE EXAMPLE. THE PARTIES SOMETIMES DO SPILL OUT IN THE STREETS. YOU HAVE A SERIOUS PROBLEM HERE AND I KNOW IT'S NOT AN EASY PROBLEM BECAUSE OF LEGAL ISSUES SET BY THE COURTS. I WOULD LIKE TO PROPOSE SOMETHING THAT WAS DONE BACK IN THE OVERPASS DAYS IS ALONG WITH THE HOAs AND THE TEXAS NETWORK COALITION -- NEIGHBORHOOD COALITION THAT WE FORM A CITIZENS' TASKORCE TH WE WORK TOGETHER WITH THE CITY ON USING WHAT WE CAN APPLY INTO OUR HOA GUIDANCES, OUR LAWS, ALONG WITH GIVING YOU THE INPUT WE CAN PROVIDE TO GIVE YOU THE NEEDS ON THE ORDINANCES AND GIVE YOU THE SUPPORT WE NEED. I THINK WE HAVE TO WORK TOGETHER ON THIS ISSUE. THIS IS NOT SOMETHING WE CAN SEE THE CITY TAKING ON BY ITSELF. [APPLAUSE] >> GOOD EVENING, EVERYONE. I HAD A SPEECH PREPARED. I THINK I'M GOING TO GO ROGUE ON THAT AND JUST GIVE YOU MY OPINION. I MOVED HERE ABOUT SIX S AGO, PRIMARILY FROM CALIFORNIA. AND MOST CITIES IN CALIFORNIA AREN'T THAT WELL RUN SO SINCE I'VE BEEN HERE I PAY A LOT OF ATTENTION TO HOW YOU OPERATE AS A CITY AND YOU GUYS DO GREAT WORK. IN YOUR CITY RUN, THE WAY YOU RUN IT, YOU KEEP THE FOREST FIRES DOWN. YOU GUYS RUN THINGS WELL SO YOU DON'T HAVE A BUNCH OF EMERGENCY SITUATIONS THAT YOU'RE DEALING WITH. THAT'S JUST GOOD PLANNING. LISTENING TO ALL THE PEOPLE OUT HERE IN THE AUDIENCE AND JUST NEIGHBORS THAT I ASSOCIATE WITH, TS IS A RAGING INFERNO THAT YOU GUYS NEED TO DEAL WITH IMMEDIATELY BECAUSE THE LONGER YOU SIT ON IT THE BIGGER IT GETS AND THE MORE DAMAGE IT DOES FOREVER. IT'S NOT GOING TO GO AWAY. IT'S NOT GOING TO RECEDE SO YOU NEED TO KNOCK IT DOWN NOW AS QUICKLY AS YOU POSSIBLY CAN, BECAUSE I DOUBT ANY OF YOU SUPPORT SHORT-TERM RENTALS YOURSELVES. SO THAT'S ALL I GOT TO SAY. THANK YOU FOR THE TIME. [APPLAUSE] >> THE NEXT SPEAKER IS RICHARD BRIGHAM FOLLOWED BY IRENE YEA. >> MAYOR, CITY COUNCIL, I KNOW THIS HAS BEEN A LONG NIGHT FOR YOU AS WELL AS ALL OF US AWAITING OUR TURN TO ADDRESS YOU ON THIS ISSUE. MY NAME IS RICHARD BRIGHAM. I'M A RETIRED AIR FORCE LIEUTENANT COLONEL AND DURING MY LIFE I HAVE HAD THE OPPORTUNITY TO LIVE IN A LOT OF DIFFERENT PLACES, BOTH IN MY MILITARY SERVICE AND OUT. FOREST CEK ESTATES IN PLANO IS BY FAR THE NICEST PLACE I HAVE EVER LIVED. OUR NEIGHBORHOOD, AS YOU HAVE HEARD BEFORE, HAS BEEN RECOGNIZED AS PLATINUM LEVEL AND BEST IN PLANO AWARD WINNER. I'VE LIVED THERE NOW FOR OVER 20 YEARS. THE SHORT-TERM RENTAL I'M ABOUT TO DISCUSS IS DIRECTLY ACROSS THE STREET FROM MY HOUSE.& THANK GOODNESS IT'S ACROSS THE STREET AND NOT NEXT DOOR. I DON'T GET NEAR THE NOISE THAT JACK HAS TO CONTEND WITH AND HIS SON. LOTS OF RENTERS HAVE BEEN QUIET AND BLENDED INTO THE NEIGHBORHOOD FOR A FEW DAYS AND WE BARELY KNEW THEY WERE THERE. OTHERS HAVE NOT BEEN SO RESPECTFUL. WEEKEND GATHERINGS, BIRTHDAY PARTIES HAVE BROUGHT LARGE NUMBERS OF PEOPLE. SOMETIMES AN EXCESS OF 25 TO 40 INDIVIDUALS IN THE PARTY HOUSE FOR THE DAY. IT SAYS ON AIRBNB SLEEPS NINE, HAS A POOL. BY MY DEFINITION, THAT'S A PARTY LOOKING FOR A PLACE TO HAPPEN. CARS ARE PARKED IN THE CUL-DE-SAC. THERE IS NOT SUFFICIENT ROOM FOR A FIRE TRUCK TO GET TO A HOUSE AT THE END OF THE CUL-DE-SAC TO FIGHT A FIRE BECAUSE THERE ARE TOO MANY CARS PARKED ON BOTH SIDES OF THE STREET. RIGHT NOW I TALKING ABOUT ONE HOME. WHAT HAPPENS WHEN IT BECOMES SIX OR TEN? THE RENTAL PROPERTIES DON'T PAY HOA DUES. THEY DON'T TAKE CARE OF THE PROPERTY AS WELL. IT WILL BECOME KNOWN THAT THERE ARE SHORT-TERM RENTALS IN THE AREA AND THE VALUE OF MY HOUSE WILL DIMINISH AND SO WILL THAT OF MY NEIGHBORHOOD. THANK YOU. [APPLAUSE] >> GOOD EVENING, EVERYONE. IT'S G FOR ALL OF YOU. MY NAME IS IRENE YEA. THANK YOU, MAYOR AND COUNCIL MEMBERS. THIS IS MY THIRD TIME HERE. MY FIRST TIME WAS BACK IN 2020. I SPOKE AND NO ONE LISTENED. IF SOMEONE WOULD TAKE ACTION, NONE OF THESE GUYS WOULD PROBABLY BE HERE BECAUSE NOTHING WAS DONE AT THAT TIME. NOBODY WAS LISTENING TO ME. THIS GUY IN THE BACK OF MY ALLEY, BACK OF MY HOUSE, SEPARATED BY THE ALLEY WAS THE OWNER WHO TURNED THIS HOUSE INTO A AIRBNB. THEN HE FORMED AN LLC SO HE DOESN'T EVEN OWN IT ANYMORE. IT'S A COMPANY. EVEN REDUCED LIABILITY. LET ME TELL YOU WHAT HAPPENED FRIDAY AFTERNOON. I WAS FREAKING OUT BECAUSE A CAR WAS DRIVING INTO MY DRIVEWAY. I WAS WORKING, LOOKING DOWN MY BACKYARD. THIS CAR COMES IN. I WAS LIKE FREAKING OUT. IF YOU WERE ME, HOW DO YOU FEEL AT THAT TIME? SCARED? SHOCKED? MAD? THAT'S HOW I FEEL. WELL, GUESS WHAT? IT'S ONE OF THE GUESTS, DOESN'T KNOW HOW TO DRIVE INTO THAT ALLEYAWAY TO THE PARKING. HE DECIDES TO COME TO MY SIDE AND DO A BACK UP INTO THEIR DRIVEWAY. &-ú. NOT ONLY THIS IS A NEW ONE FOR YOU TO ADD TO IT. PROPERTY TRESPASSING, BECAUSE THEY DID THAT TO ME MORE THAN ONCE. ALSO DAMAGED MY FENCE ON SOME STUPID IDIOT WHO COULDN'T DRIVE ON TO THAT DRIVEWAY DAMAGED MY FENCE, BROKE A BIN. I HAD TO SPEND MONEY TO FIX. I DON'T HAVE A CAMERA TO PROVE THAT THEY HAD DAMAGED IT BUT I KNOW THEY DID. SO YOU GUYS GOT TO DO SOMETHING. I COMPLAINED TWO-PLUS YEARS AGO. NOBODY LISTENED. IT IS TIME TO TAKE ACTION. PLEASE. >> Mayor Muns: THANK YOU. >> AND DON'T BELIEVE THAT YOU CANNOT GRANDFATHER. I'VE SUFFERED ENOUGH. OVER THREE YEARS. ENOUGH IS ENOUGH. >> Mayor Muns: THANK YOU. [APPLAUSE] >> THE NEXT SPEAKER IS KARINA KINGMAN FOLLOWED BY LYDIA ORTEGA. >> GOOD EVENING. MAYOR MUNS, COUNCIL, AND FELLOW CITIZENS OF PLANO, AND MY AMAZING NEIGHBOR. WE ARE THE NEWBIES HERE. EVERYBODY HAS BEEN HERE FOREVER AND WE'VE BEEN HERE ABOUT SIX MONTHS. WHEN WE DROVE INTO THE NEIGHBORHOOD OF FOREST CREEK ESTATES, I CANNOT EVEN TELL YOU. IT WAS JUST INSTANT LOVE. PEOPLE WERE GOING DOWN THE PATH. THEY WERE JOGGING, THEY WERE WAVING. THERE WERE KIDS IN STROLLERS, THERE WERE KIDS PLAYING OUTSIDE. DRO FURER INTO THE NEIGHBORHOOD. PEOPLE WERE WAVING AND SAYING HELLO -- THEY DON'T EVEN KNOW US. AND WE SEE ADIRONDACK CHAIRS OUT IN FRONT OF THE HOUSES. I KEPT TELLIN EVERYBODY, THIS IS AMAZING. IT SHOWED ME THIS IS A COMMUNITY WHO REALLY SOCIALIZES WITH EACH OTHER. THEY DON'T JUST GO IN, SHUT THEIR DOORS AND THEIR GARAGES AND YOU NEVER SEE THEM. WE HAVE COME, IN THE LAST SIX MONTHS -- LESS THAN THAT -- TO ALREADY.E THIS IS OUR FAMILY- THESE ARE PEOPLE WHO CARE ABOUT EACH OTHER. THEY'RE PASSIONATE, AS YOU CAN THEY LOV THIS NEIGHBORHOOD. WE LOVE THIS NEIGHBORHOOD AND WE WANT IT TO STAY THIS WAY. I'M GOING TO GO A LITTLE BIT ROGUE OFF MY SPEECH. FIRST OF ALL, WHEN I HEARD ABOUT THIS SEX TRAFFICKING -- I MEAN, WE HAVE FIVE DAUGHTERS AND YOU WANT TO TALK ABOUT THAT? I CAN'T EVEN IMAGINE AND I'M SURE YOU CAN'T IMAGINE HAVING THAT RIGHT NEXT DOOR TO YOU. WHAT DO YOU DO? MY NEIGHBOR IS HERE. HIS NAME IS JACK. HE TOLD ME THIS THURSDAY THERE WERE 40 PEOPLE IN THE STR RIGHT NEXT TO HIS HOUSE. HE A HIS SON ARE AFRAID TO GO OUTSIDE. THEY'VE BUILT A FENCE ON THEIR OWN DIME. THAT DOESN'T STOP HEARING THE PROFANITY OVER THE FENCE. THAT DOESN'T CREATE A SAFE PLACE. HE SAID KIDS WERE POURING OUT OF THE BACK OF TRUNKS OF CARS. THERE WERE 40 PEOPLE THERE. I MEAN, THIS IS CRAZY. SO PLEASE, AS YOU'VE HEARD FROM ALL OF US TODAY, PLEASE HELP US. PLEASE TAKE A STAND. >> Mayor Muns: THANK YOU. [APPLAUSE] >> AM I THE FINALE? THIS IS IT. I'M AT A LOSS FOR WORDS. I DIDN'T EVEN BRING DOWN MY SPEECH BECAUSE I THOUGHT I KNEW WHAT PROPERTY RIGHTS WERE AND WHEN I SIGNED ON THAT CONTRACT THAT SAID SINGLE-FAMILY RESIDENTIAL NEIGHBORHOOD, I THOUGHT, WELL, THERE'S LIMITS THERE, OKAY? I CAN'T OPEN UP A STORE. THERE'S A LOT OF THINGS HERE. SINGLE-FAMILY RESIDENTIAL PROPERTY. EVERYBODY THAT HAS BOUGHT A HOUSE I THAT AREA KNEW THE TERMS OF THE PROPERTY RIGHTS THAT THEY WERE GETTING. SINGLE-FAMILY RESIDENTIAL NEIGHBORHOOD PROPERTY RIGHTS. BUT SOMEBODY SAID, DO YOU KNOW WHAT? THEY'RE VERY CLEVER. IT DOESN'T EXCLUDE SHORT-TERM RENTALS. IT SAYS NOTHING ABOUT SHORT-TERM RENTALS. YOU CAN'T PLAY THAT GAME LEGALLY BECAUSE I HAVE TO TELL YOU THERE'S NO WAY YOU CAN DEFINE THE WORD RESIDENTIAL, YOU CAN DEFINE THE WORD SINGLE-FAMILY, ENOUGH TO GET AROUND THAT SOMEBODY WILL COME UP WITH. I BELIEVE ALL THE PEOPLE DOING THE STRs, THEY HAVE THE SAME PROPERTY RIGHTS THAT I HAVE. WHAT I WANT TO KNOW IS WHY AREN'T YOU FIGHTING FOR MY PROPERTY RIGHTS? BECAUSE THEY ARE TAKING AWAY, THROUGH THESE NEGATIVE THINGS THAT YOU HAVE HEARD EVERYBODY DESCRIBE HERE, THEY ARE TAKING AWAY THE QUALITY OF LIFE. THEY ARE IMPOSING IT ON EVERYBODY AND THE LAWSUIT SHOULD BE FROM THE PEOPLE TO THE COURTS TO SAY THAT WE HAVE STANDING FROM INJURY. DO YOU KNOW WHAT STRs, THESE SHORT-TERM RENTALS ARE CHARACTERISTICALLY BY THEIR NATURE INCOMPATIBLE WITH A SINGLE-FAMILY RESIDENTIAL AREA. SO FIGHT FOR US. THERE HAVE BEEN SO MANY LAWSUITS BACK AND FORTH BETWEEN CITIZENS AND THE COUNCIL. FIGHT FOR US ON THE LAW WITH THIS ONE AND WE'LL FIGHT WITH YOU. THANK YOU. [APPLAUSE] >> THE NEXT SPEAKER IS JENNA HANSON WHO WILL BE FOLLOWED BY DAVE SWARTE. >> GOOD EVENING. MY HUSBAND AND I HAVE LIVED IN THIS CITY FOR A REALLY LONG TIME. ANTHONY CAN TELL YOU WE WENT TO KINDERGARTEN TOGETHER. HONESTLY, TO COME HERE AND TALK TO YOU TONIGHT, IT'S NOT WHAT I WANT TO DO. IT'S NOT BUT I'M GOING TO TELL YOU WITH SOME TIME CONSTRAINTS ABOUT ONE SPECIFIC THING. AND IF I HAVE TO KEEP COMING BACK AND TELLING YOU EACH INDIVIDUAL STORY, I WILL. I HAVE THREE MAIN PROBLEMS THAT I WANT TO TALK ABOUT AND THEY ALL HAVE TO DO WIT SAFETY. IT'S DRUG USE. IT'S PUBLIC ARRESTS AND IT'S CONFRONTATION OF A MINOR. JUST THE OTHER DAY MY SON WAS ON HIS WAY HOME AND HE WAS CONFRONTED IN FRONT OF OUR HOME. KEEP IN MIND THAT THIS NEIGHBOR HAS RENTED THIS PROPERTY AT $42 A NIGHT PER ROOM. CONFRONTATION OF A MINOR, JUST LAST WEEK WHEN HE WAS COMING HOME, HE WAS APPROACHED BY A GROWN MAN ON OUR DARK NEIGHBORHOOD STREET. IT CAUGHT HIM BY SURPRISE. THE MAN TOLD HIM HE DIDN'T BELONG ON THIS STREET AND NEEDED TO LEAVE. DOES THAT SOUND FAMILIAR? NOW, THIS MIGHT SEEM LIKE NO BIG DEAL THAT A GROWN MAN IS APPROACHING MINORS AT NIGHT ON A STREET UNTIL YOU FIND OUT HE DOESN'T LIVE ON THAT STREET. MY SON TOLD ME THAT THE MAN CAME FROM THE RENT HOUSE AND HE TOLD ME THAT THE GUY WAS WAITING FOR HIM IN A BIG BROWN VAN. DO YOU WANT A CREEPY VAN THAT DOESN'T BELONG WITH AN UNKNOWN ADULT APPROACHING YOUR CHILD? HOW ABOUT AT NIGHT? HOW ABOUT KNOCKING ON HIS DOOR? I ATTEMPTED TO CONTACT THE OWR OFHE RENTAL, EXPLAIN THE SITUATION. I ASKED HIM FOR THE SHORT-TERM RENTERS TO NOT TALK TO MY CHILDREN. HE SAYS THAT HE DIDN'T HAVE ANY RENTERS THAT LOOKED LIKE THAT. IT TURNS OUT, IT WASN'T EVEN THE RENTER. IT WAS A GUEST OF THE RENTER WHO HAD BEEN STAYING THERE. SO NOT ONLY IF YOU TRACK THEM, DOES THAT NOT MEAN THAT IT'S ACTUALLY WHO IS STAYING THERE? YOU DON'T KNOW. AND LIKE IT WAS MENTIONED EARLIER, WHAT IF IT'S JUST PREDATORS WHO ARE GOING FROM ONE HOUSE TO THE NEXT HOUSE LOOKING FOR SOMEONE? IF THAT WAS MY DAUGHTER WE ULD BE HAVING A DIFFERENT CONVERSATION RIGHT NOW. THANK YOU. [APPLAUSE] >> MR. SWARTE, GO AHEAD. BE SURE TO TURN ON YOUR CAMERA. >> YES, HI. I AM REPRESENTING THE TEXAS NEIGHBORHOOD COALITION. I LIVE IN ARLINGTON AND I WAS INVOLVED IN THE DEVELOPMENT OF THE ORDINANCE THAT BANNED SHORT-TERM RENTALS IN MOST RESIDENTIAL NEIGHBORHOODS. THAT ORDINANCE HAS BEEN REFERRED TO ON SEVERAL OCCASIONS BY YOUR OUTSIDE COUNSEL. I AM AN ATTORNEY WITH OVER 40 YEARS OF EXPERIENCE. I'M HERE TO URGE YOU TO TAKE PROMPT ACTION TO GET SHORT-TERM RENTALS OUT OF RESIDENTIAL NEIGHBORHOODS IN PLANO. YOVE HEA THE MISERY THAT THEY CREATE AND IN FACT WE WORK WITH CITIES ACROSS THE STATE AND THE MISERY THEY CREATE IS UNIVERSAL. I'VE [INDISCERNIBLE] REGARDING THE ARLINGTON ORDINANCE. FIRST, WHILE WE HAVE NOT YET GOTTEN TO TRIAL ON THE MERITS, WE ARE COMPLETELY UNAFRAID OF TRIAL. AS HAS BEEN NOTED, WE WON OUR FIGHT AGAINST THE SHORT-TERM RENTAL PEOPLE IN THE COURT OF APPEALS AND SINCE THEN SEVERAL OF THE PLAINTIFFS WHO WERE SHORT-TERM RENTERS HAVE IN FACT DROPPED OUTF T WSUIT. WAN TO CAUTION YOU IF YOU WANT TO WAIT FOR ABSOLUTE LEGAL CERTAINTY BEFORE YOU TAKE ACTION TO PROTECT NEIGHBORHOODS, THE PRICE WILL BE THAT THE NEIGHBORHOODS ACROSS THE CITY. I ALSO WANT TO STRESS THAT WE DID NOT GRANDFATHER ANY SHORT-TERM RENTALS. WE DID NOT. ALSO NOTE FOR YOU THAT WE HAVE A TOTAL BAN ON SHORT-TERM RENTALS, SO DOES GRAPEVINE, AND THAT WAS UPHELD GOING FORWARD. I HAVE HEARD SOME QUESTIONS ABOUT WHY YOU SHOULDN'T FOLLOW ART ARLINGTON'S EXAMPLE. IF WE CAN HELP YOU, LET ME KNOW. [APPLAUSE] >> SORRY. THE NEXT SPEAKER IS JESSICA FR ZOOM.HO IS ALSO JOINING US GO AHEAD. >> HELLO. MY NAME IS JESSICA BLACK FROM ARLINGTON, TEXAS AND I'M ONE OF THE CO-FOUNDERS OF THE TEXAS NEIGHBORHOOD COALITION. PLANO ZONING CODE IS A CODE OF ENUMERATED ALLOWED USES. CONTEMPLATED USES ARE TO BE MATCHED TO THE DEFINED USES WHICH THEY ARE MOST SIMILAR. WHICH IN THE CASE OF STRs ARE CLEARLY OTHER FORMS OF TRANSIENT COMMERCIAL LODGING. OTHER FORMS OF TRANSIENT LODGING SUCH AS BED AND BREAKFASTS AND HOTELS ARE NOT PERMITTED IN PLANO'S RESIDENTIAL ZONES. EVEN IF THE CITY ATTORNEYS ARE UNWILLING TO CONCEDE THIS POINT, CASE LAW MAKES IT CLEAR. AUSTIN AND GRAPEVINE WERE ONLY REQUIRED TO GRANDFATHER STRs ONLY IN OPERATION. MR. PITTMAN SAID THEY WERE SUBJECT TO GRANDFATHERING, HOWEVER THAT IS INCORRECT. THE COURTS DID NOT REQUIRE EXISTING STRs. THE COLLECTIVE TAKEAWAY FROM THESE THREE CASES IS THIS COUNCIL HAS THE POWER TO STOP THE CONTINUED PROLIFERATION OF STRs IN PLANO. IT SIMPLY NEEDS TO MUSTER THE POLITICAL COURAGE TO USE IT TO PROTECT THE RESIDENTS YOU WERE ELECTED TO SERVE. >> 20 SECONDS. >> Mayor Muns: THANK YOU. [APPLAUSE] >> THE NEXT SPEAKER IS CINDY PATILLO FOLLOWED BY GREG PATILLO. >> [OFF MIC] I'M HERE TO TALK TONIGHT ABOUT THIS MEETING, WHICH HAS BEEN ALL OVER LOCAL THE COMMON THEME SMS TO BE THAT THIS COUNCIL IS ADDRESSING THE TOPIC OF SHORT-TERM RENTALS IN DIRECT RESPONSE TO THE SEX TRAFFICKING BUST THAT THE DALLAS POLICE DEPARTMENT EXECUTED AT AN STR IN PLANO ON SEPTEMBER 23. I JUST WANT TO MAKE CLEAR TO ANYONE NEW TO THE ISSUE OF STRs IN PLANO RESIDENTIAL NEIGHBORHOODS THAT A GROUP OF CONCERNED CITIZENS HAS BEEN COMING TO THESE MEETINGS CONSISTENTLY SINCE AT LEAST APRIL OF THIS YEAR, ASKING FOR YOUR HELP. THIS MEETING ABOUT THIS TOPIC HAS BEEN SCHEDULED ON THIS DATE FOR WEEKS. SO WHAT HAPPENS NOW? AS T ATTORNEYS HERE HAVE STATED, CASE LAW IS EVOLVING AND THERE'S A LOT STILL TO BE SETTLED. WE ARE ASKING YOU TO TAKE BOLD ACTION. TO STAND UP FOR YOUR RESIDENT HOMEOWNERS AND TO LEAD THE CHARGE TO PROTECT OUR RIGHTS. THANK YOU. [APPLAUSE] >> GOOD EVENING, MAYOR AND COUNCIL. GREG PATILLO. I HAVE LIVED IN PLANO WITH CINDY FOR 29 YEARS. I'M SO APPRECIATIVE OF MY NEIGHBORS FOR COMING HERE AND TALKING ABOUT SOME OF THE ISSUES THAT SHORT-TERM RENTALS HAS, AND THIS IS NOT GOING TO COME OFF VERY WELL BUT I APOLOGIZE. I CAN TALK ABOUT THE THING THAT REGISTRATION DOESN'T SOLVE. THE THING THAT NUISANCE ORDINANCES DOESN'T SOLVE, AND THAT'S THE ECONOMIC IMPACT OF SHORT-TERM RENTALS. IF YOU JUST LOOK AT THE SCHOOL SYSTEM, WE'VE ELIMINATED 237 STUDENTS THUS FAR, 1.5 MILLION IN ANNUAL FUNDING AND 17 LOST TEACHER JOBS. AND THAT'S JUST TODAY. MOVING FORWARD, LOOKING AT LOCAL BUSINESSES, WE HAVE ELIMINATED ALMOST 1400 RESIDENTIAL CONSUMERS, FEWER CUSTOMERS, FEWER SALES, FEWER JOBS, LOWER SALES TAX -- AND THIS IS JUST A SMALL LIST OF THE BUSINESSES THAT ARE THERE. IT'S TIME THAT TEXANS NEED TO FIGURE OUT WHERE WETAND WE EITHER ARE PRO PROPERTY RIGHTS OR WE ARE PRO PROPERTY RIGHTS, PRO EDUCATION, PRO SMALL BUSINESS, AND PRO FAMILY VALUES. SO THE PROPERTY RIGHTS, THERE'S UP TO EIGHT PROPERTY OWNERS NEXT TO THESE STRs. PRO EDUCATION, DEFUNDING THROUGH DROPPED ENROLLMENT. PRO FAMILY VALUES FORCING FAMILIES OUT OF NEIGHBORHOODS. [APPLAUSE] >> THE LAST SPEAKER IS CORY RINEKER. >> OKAY. GOOD EVENING. THANK Y'ALL FOR BEING HERE THIS EVENING. MY NAME IS CORY RINEKER. I HAVE LIVED IN THE OLD TOWN NEIGHBORHOOD SINCE 2011. I HAVE BEEN A HOMEOWNER THERE SINCE THEN. I'M THE FOUNDING MEMBER AND THE TREASURER OF THE OLD TOWN NEIGHBORHOOD ASSOCIATION WHICH WAS BORN OUT OF LOVE WHERE YOU LIVE. I'M A GRADUATE OF THE NEIGHBORHOOD LEADERSHIP ASSOCIATION. SINCE 2017 I HAVE ALSO HOSTED A SHORT-TERM RENTAL AT MY PRIMARY RESIDENCE IN THE NEIGHBORHOOD. OVER THOSE PAST FIVE YEARS I HAVE WELCOMED TRAVELERS FROM AROUND THE WORLD. I'VE MET GREAT PEOPLE AND WE'VE MADE LIFELONG FRIENDS. THE EXTRA INCOME THAT WE'VE EARNED BY HOSTING A SHORT-TERM RENTAL HAS ALLOWED US TO REINVEST IN OUR PROPERTY AND HAS ALSO PROVIDED A SEMI SSIVE CUSHION OF INCOME THAT HAS HELPED AS A BUFFER DURING UNCERTAIN ECONOMIC TIMES. THE ADVANTAGE THAT WE HAVE& SEEN WITH SHORT-TERM RENTAL IS THE FLEXIBILITY. WE ORIGINALLY CONSIDERED HAVING A RENTAL MAYBE TO A COLLEGE STUDENT OR SOMEBODY WITH A SPARE BEDROOM BUT THE ADVANTAGE OF SHORT-TERM RENTAL IS, HEY, A FAMILY COMES INTO TOWN, WE CAN BLOCK THE ROOM AND THEY CAN STAY THERE. I'M SUPER SYMPATHETIC TO THE ISSUES OF EVERYONE WHO HAS SPOKEN HERE TONIGHT. I WOULDN'T WANT THAT GOING ON NEXT TO ME EITHER. THE HOUSE NEXT TO ME IS A SHORT-TERM RENTAL. OVER THE TWO YEARS THAT'S BEEN A RENTAL THE MAJORITY OF THE PEOPLE WHO HAVE STAYED THERE HAVE BEEN FAMILIES MOVING TO PLANO AND OTHER PLANO RESIDENTS WHO WOULD STAY THERE WHILE THEIR HOMES ARE BEING RENOVATED. WHAT I HEARD FROM THE LEGAL REVIEW IS THAT THE CITY HAS TOOLS THAT CAN ADDRESS A LOT OF THESE PROBLEMS ALREADY. ONE THING THAT I DIDN'T HEAR IS MAYBE A ZONING SOLUTION THAT MIGHT INVOLVE A CITIZEN-INITIATED OVERLAY DISTRICT PERHAPS GO NEIGHBORHOOD BY NEIGHBORHOOD AND ADDSS SHORT-TERM RENTALS. THANK YOU. >> Mayor Muns: THANK YOU. IS THAT ALL THE SPEAKERS? SO WE -- THIS ITEM WAS FOR DISCUSSION AND DIRECTION AND WE CAN'T THANK YOU ALL ENOUGH FOR YOUR COMMENTS AND YOUR FEEDBACK AND IT MEANS A LOT TO US AND IT WILL HELP US MAKE DECISIONS ON GUIDANCE AND GOING FORWARD. WHAT WE'D LIKE TO DO RIGHT NOW IS TAKE A RECESS INTO EXECUTIVE SESSION BRIEFLY AND WE'LL COME BACK OUT AS SOON AS WE CAN. SO WE'LL RECESS INTO EXECUTIVE SESSION TRAINING ROOM A TO HOLD AN EXECUTIVE MEETING PURSUANT TO THE PROVISIONS OF VERNON'S TEXAS CODE GOVERNMENT CODE 551 -- SECTION 551.071 TO CONSULT WITH THE ATTORNEY TO RECEIVE LEGAL ADVICE AND DISCUSS LITIGATION. THANK YOU. [EXECUTIVE SESSION] [ ♪ MUSIC PLAYING ♪ ] >> Mayor ME THE PLANO CITY COUNCIL IS CONVENED IN OPEN SESSION, THAT ALL COUNCILMEMBERS ARE PRESENT. WE'RE GOING BACK TO ITEM NUMBER 5 THAT WE'VE BEEN ON FOR A LITTLE WHILE, WHAT I'M GOING TO DO IS WE'RE GOING TO ASK FOR DIRECTION FROM THE COUNCIL, I'LL START OVER WITH YOU, COUNCILMEMBER SMITH, AND GIVE YOUR THOUGHTS AND DIRECTIONS TO STAFF, AND THEN COUNCILMEMBER HOLMER AND ON AROUND, AND HOPEFULLY, IT'S CONSENSUS ENOUGH THAT SFF UNDERSTANDS WHAT WE'RE TRYING TO DO. >> Smith : THANK YOU, MAYOR. FIRST OF ALL, ESPECIALLY IF YOU'RE STILL HERE, WE REALLY APPRECIATE YOU COMING OUT AND SHARING YOUR CONCERNS WITH US. WE HEARD A LOT OF INTERESTING THINGS, WE HEARD LEGAL OPINIONS. WE HEARD PERSONAL STORIES, AND I THINK IT'S PRETTY CLEAR TO ME, ANYWAY, THAT AT THIS POINT THE ONLY SUCCESSFUL VENTURE FORAY INTO THIS CHALLENGE HAS BEEN THE ARLINGTON CASE, SO I WOULD SUGGEST THAT WE LOOK AT THAT AND SEE THE THINGS THAT THEY HAD DONE THAT WE COULD FOLLOW THAT ARE APPLICABLE TO OUR CITY, INCLUDING REGISTRATION SO WE CAN GET DATA, LOOK AT ZONING, LET'S LOOK AT USES, HOW -- WHAT IS THE TRUE DEFINITION OF A SHORT-TERM RENTAL. I MEAN, I THINK THERE'S SOME VARYING OPINIONS ON THAT, SO UNTIL WE HAVE THE FACTS, I DON'T -- I DON'T THINK IT WOULD BE PRUDENT OF US TO JUST MAKE SOMETHING, MAKE SOME ORDINANCE WITHOUT THE ABILITY TO BACK ITP WITH FACTS BECAUSE IT WOULD BE OVERTURNED. SO THAT'S WHERE I WOULD LIKE TO GO, KIND OF LOOK AT THE ARLINGTON MODEL, CONSIDER THE REGISTRATION, ALSO CONSIDER LOOKING AT THE ZONING ASPECT OF IT. >> Mayor Muns: OKAY. >> YEAH, I THINK IT'S IMPORTANT THAT WE GET GOOD DATA SO THAT WE CAN FOLLOW THAT SAME MODEL. I UNDERSTAND THAT WE ARE GOING TO BE PAYING TO GET THE ACTUAL DATA, RATHER THAN THE FREE, SO THAT IS ALREADY IN THE WORKS, MY UNDERSTANDING FROM STAFF. I THINK WE NEED TO LOOK AT ZONING AND ZONING TO MAKE SOME RECOMMENDATION. I MEAN IT'S VERY CLEAR, WE HAVE ONE PERSON THAT WAS IN FAVOR OF SHORT-TERM RENTALS THAT SPOKE TONIGHT, AND EVERYBODY ELSE HAD ISSUES WITH IT. CLEARLY, IT'S SOMETHING THAT IS REALLY IMPORTANT TO A LOT OF PEOPLE HERE IN PLANO, AND IT IS SOMETHING WE NEED TO ADDRESS, AND WE'RE TRYING TO REALLY THOUGHTFULLY DO THAT IN THE BEST WAY POSSIBLE AND LIMIT, YOU KNOW, LITIGATION AND UNNECESSARY WASTE OF TAXPAYER DOLLARS IF WE CAN FIND ANOTHER WAY AROUND IT. SO I THINK THAT IS REALLY IMPORTANT. I DO THINK IN THE MEANTIME, WHILE WE'RE TRYING TO INVESTIGATE HOW WE CAN MOVE FORWARD WITH SOME OF THESE IDEAS, WE DO NEED TO BEEF UP ENFORCING OUR ORDINANCES. IT WAS A LITTLE TROUBLE SOME TO HEAR SOME THINGS THAT WERE EXPRESSED TONIGHT, THEY'RE HORROR STORIES, VERY DISTURBING TO HEAR THINGS YOU'VE EXPERIENCED. ONE EXAMPLE WAS GIVEN WITH A CHILD THAT THEN WAS TEXTING TO TRY TO GET IN TOUCH WITH THE T TO ME SURE WE'RE TEACHING OUR CHILDREN AND OUR -- EVERYONE, CALL 911, DON'T HESITATE TO CALL 911, IF YOU EVER FEEL IN DANGER, TEACH YOUR CHILDREN THAT. TEACH -- I MEAN, WE HAVE A WONDERFUL POLICE FORCE, YOU KNOW, THEY -- WE WERE RAISED TO, YOU KNOW, ONLY CALL 911 IF IT'S AN EMERGENCY. NO, IF THERE'S ANYTHING THAT MAKES YOU UNCOMFORTABLE THAT YOU ARE QUESTIONING, IF YOU'RE SAFE, PLEASE, YOUR SAFETY IS FIRST AND FOREMOST. SO PLEASE FEEL LIKE THAT IS SOMETHING THAT TROUBLED ME A LITTLE BIT HEARING THAT TONIGHT. SO ANYWAY, YEAH, I DEFINITELY SEE THERE'S A NEED FOR US TO DO SOMETHING AND MOVE FORWARD WITH INVESTIGATING HOW WE CAN IMPLEMENT SOME THINGS MOVING FORWARD. >> I SPRENT SEVERAL YEARS, THE CRIME WATCH COORDINATOR FOR ESTATES, AND AS ONE OF THE SPEAKERS MENTIONED TONIGHT, ONE OF THE VERY STAPLES OF CRIME WATCH IS KNOW YOUR NEIGHBORS. THAT'S REALLY IMPORTANT. D I DON'T LIVE NEXT TO A SHORT-TERM RENTAL. TO MY KNOWLEDGE THERE ARE NONE IN MY NEIGHBORHOOD, I VALUE KNOWING MY NEIGHBORS. I VALUE THE FABRIC OF COMMUNITY THAT I HAVE IN MY NEIGHBORHOOD. I SOUGHT IT OUT IN MY CURRENT NEIGHBORHOOD, IN THE FIRST NEIGHBORHOOD THAT I LIVED IN PLANO, WHICH IS TIMBER BROOK ESTATES. THE VALUE OF THAT CANNOT BE OVERSTATED. WE ALL SEEK THAT COMMUNITY IN PLANO, SO I WOULD LIKE TO PURSUE A PROCESS OF ZONING ICH RECOGNIZES THAT SHORT-TERM RENTALS, FOR THAT DURATION, AREN'T-- THEY DON'T CONSTITUTE WHAT WE WOULD CONSIDER A RESIDENTIAL USE BECAUSE THEY'RE NOT RESIDENTS. NOBODY LIVES THERE. A GOOD FRIEND OF MINE LIVES SEVERAL DOORS DOWN, HE LEASES HIS HOME, I'VE KNOWN HIM FOR YEARS, HE STILL LEASES. THERE IS NOTHING SHORT-TERM ABOUT IT. I KNOW HIM. WE HAVE A RELATIONSHIP, HE'S PART OF OUR COMMUNITY. SO I WOULD LIKE TO GO THROUGH THE ZONING PROCESS. THE PLANO VERSION OF WHAT ARLINGTON DID TO LOOK AT OUR CITY AND CRAFT SOMETHING THAT RECOGNIZES THAT RESIDENTIAL AREAS ARE FOR RESIDENTIAL PURPOSES. [ APPLAUSE ] >> SO I THINK I CONCUR WITH EVERYTHING THAT'S BEEN SAID. I BELIEVE THAT, YOU KNOW, OBVIOUSLY WE'RE ALL PLANO RESIDENTS. WE ALL LIVE INSIDE PLANO NEIGHBORHOOD. SO, YOU KNOW, I DON'T WANT TO BE -- I DON'T WANT TO BE TALKED TO LIKE I'M AN OUTSIDER. NO, I'VE LIVED IN PLANO FOR 28 YEARS, AND I UNDERSTAND THE IMPORTANCE OF HAVING A NEIGHBORHOOD; HOWEVER, I ALSO DON'T BELIEVE IN SPENDING MONEY WHEN IT'S A WASTE. I WANT OUR MONEY TO BE SPENT ON THINGS THAT COULD REALLY MAKE A DIFFERENCE, AND I'M NOT AFRAID OF CONFRONTATION. I'VE BEEN A LITIGATOR ALMOST 20 YEARS, SO I'M NOT AFRAID OF DOING AGAINST, THE BATTLE OF DEFENDING WHAT WE BELIEVE TO BE RIGHT, BUT I WANT OUR MONEY TO BE SPENT ON THINGS THAT'S GOING TO MAKE A DIFFERENCE. SO FOR EXAMPLE, ONCE WE HAVE SOMETHING THAT WE COULD BE DETERMINED TO BE OUR OWN, FOR EXAMPLE, MAKING SOME TYPE OF ORDINANCE THAT COULD BE THROUGH THE ZONING PROCESS, THAT WE COULD USE TO PROTECT AND TO DEFEND OUR DECISION, THEN, YOU KNOW, WHATEVER HAPPENS HAPPENS. WE'LL GO FORWARD AND FACE THAT. SO I -- I AGREE WITH, YOU KNOW, WITH EVERYBODY WHO HAS ALREADY SPOKEN. I THINK THAT STARTING WITH THE DEFINITION OF -- OF STR, WE NEED TO FIGURE IT OUT WHERE IT BELONGS. WE NEED TO FIGURE OUT HOW TO ISSUE OR DETERMINE OR MODIFY OUR ZONING TO MAKE SURE THE STR IS SPECIFICALLY DEALT WITH, AND THEN I ALSO BELIEVE THAT REGISTRATION NEEDS TO CONTINUE, BECAUSE WE REALLY NEED THE DATA. WE NEED SOMETHING TO, YOU KNOW, TO SHIELD US AND PROTECT US ONCE WE ARE FACING WHATEVER IT IS THAT'S GOING TO COME OUR WAY. SO WITH THAT, THAT'S IT. >> I WOULD LIKE FOR US TO, AS WAS MENTIONED BY THE CHIEF, WORK MORE CLOSELY WITH THE PLATFORMS. I THINK THAT SOME OF THE PLATFORMS HAVE AN INTEREST IN WANTING US TO HAVE A SAFE CITY AND SO I THINK WE NEED TO WORK MORE CLOSELY WITH THEM. I THINK WE NEED TO WORK ON OUR ENFORCEMENT. I ALSO AGREE WITH MY COLLEAGUES THAT REGISTRATION IS IMPORTANT AND WE'VE GOT TO HAVE THE DATA TO MAKE SURE THAT WE'RE MAKING GOOD DECISIONS, BUT ON THE REGISTRATION, I WANT US TO MAKE SURE THAT WE ARE PERMITTING THAT CAN BE REVOKED. I THINK THAT IS IMPORTANT SO IT'S NOT JUST REGISTRATION, BUT IT'S ALSO A PERMIT THAT CAN BE REVOKED. AND ON THE ZONING THAT OTHERS HAVE MENTIONED, I'M OPEN TO LOOKING AT THE ARLINGTON CASE, AND FOR SURE WE NEED TO DIVIDE OUR ZONING LAW LIKE ALL OF YOU HAVE MENTIONED. BUT I REALLY WANT TO KNOW THE REASONS WHY PEOPLE ARE GETTING A SHORT-TERM RENTAL IN PLANO WHEN WE LOOK AT THIS DATA, VERSUS ARLINGTON, WE'RE NOT ARLINGTON, WE'RE NOT THE SAME TYPE OF CITY. THEY ARE A LARGE ENTERTAINMENT DISTRICT. PLANO IS NOT. SO I THINK DEVELOPING AN ENTERTAINMENTISTRICT MAY NOT WORK HERE, SO I THINK WE MIGHT HAVE TO BE CREATIVE IN HOW WE DEVELOP A DISTRICT FOR SHORT-TERM RENTALS. THAT MAY NOT WORK THE SAME WAY IT WORKS IN ARLINGTON, SO -- BUT I'VE OPEN TO SEEING WHAT THE DATA COMES BACK WITH AND WHAT WE CAN COME UP WITH. >> OKAY. WELL, IT'S BEEN A LONG NIGHT, AND I DON'T WANT TO BORE EVERYBODY WITH EVERYTHING THAT HAS ALREADY BEEN SAID. BUT I WILL. [ LAUGHTER ] [ APPLAUSE ] THEY SAID A LOT OF THE SAME THINGS TO US, I'M GOING TO SAY A LOT OF THE SAME THINGS BACK. ALL WE REALLY WANT TO DO, FIRST I REALLY WANT TO SAY THERE'S A TIME AND PLACE I THINK FOR EVERYTHING, AND I WILL BE A VERY TRUTHFUL AND HONEST TO SAY THAT THERE ARE TIMES THAT I HAVE VACATIONED IN PLACES WHERE I HAVE USED A RENTAL AND IT'S A VACATION PLACE. IT'S A WATER FRONT, IT'S A SEA FRONT, IT'S A MOUNTAIN LODGE, WHATEVER IT MIGHT BE. BUT IT'S NOT IN T MIDDL OF MY NE. AND HAVING SOMETHING IN THE MIDDLE OF MY NEIGHBORHOOD COUNT AS A VACATION SPOT, JUST DOESN'T SEEM TO RING TO ME TO BE REALLY TRUE, AND SO, YOU KNOW, I REALLY LOOK AT THEM AS A DIFFERENT MODEL, AND SOME OF YOU KNOW, I'M NOT REAL THRILLED WITH THE MODEL THAT SHORT-TERM RENTALS ARE USING TODAY TO JUST KIND OF POE OF PROLIFERATEA BUSINESS MODEL WHERE INDIVIDUALS ARE BECOMING FAIRLY WEALTHY, USUALLY THEY'RE CORPORATIONS OR INDIVIDUALS THAT HAVE BOUGHT MANY OF THESE AN RENTED THEM OUT ON A SHORT-TERM BASIS, YOU CAN OBVIOUSLY GET MORE MONEY OFF OF A HOUSE IF YOU RENT IT OVER A SHORT-TERM BASIS, THAN A 60, 90, 1 YEAR PERIOD OF TIME. I WON'T GO INTO THE FINANCIAL MODELING. THAT IS AN ATTACK PLACE AT SOME TIME IN THE FUTURE. I THINK WE NEED TO LOOK WHAT CAN WE DO IN THE SHORT-TERM, WHAT CAN WE DO IN THE MID TERM, WHAT CAN WE DO IN THE LONG-TERM? MY FRIENDS AROUND THE CIRCLE HAVE TALKED ABOUT LOOKING AT THE PLATFORMS, WORKING WITH DATA AND GETTING MORE DATA, AND I THINK WE NEED TO DO THAT. I THINK WE ALSO NEED TO TAKE A LOOK AT LICENSING AND REGISTRATION, SO AT LEAST WE HAVE SOME DATA COMING FROM THERE, WE KNOW WHERE SOME OF THEM ARE. WILL WE KNOW WHERE THEY ALL ARE, WE PROPONENT WON'T. IT IS CORRECT THAT INDIVIDUAL ALSO PROBABLY TRY TO SKIP THAT STEP, THEY WILL SAY THERE'S ONLY GOING TO BE TWO PEOPLE THERE, WHEN REALLY IT'S GOING TO BE 200, AND WE NEED TO FIGURE OUT WHAT WE'RE GOING TO DO IN RESPONSE TO IF YOU SAY YOU'RE GOING TO HAVE TWO THERE, AND YOU HAVE 200, WHAT'S THE RESPONSE GOING TO BE? I THINK WE NEED TO TRULY HAVE A BETTER DEFINITION OF WHAT A SHORT-TERM RENTAL MEANS TO US, AND IF THAT MEANS IT GOES INTO IT IS A COMMERCIAL PROPERTY OF SOME SORT, THEN THAT'S WHAT IT IS, WE REALLY NEED TO TAKE A LOOK AT THAT DEFINITION. THE OTHER THING I THINK WE NEED TO DO IN THE SHORT-TERM IS STRENGTHEN SOME OF OUR ORDINANCES THAT DEAL WITH NOISE AND TRASH AND OTHER THINGS THAT CAUSE SIGNIFICANT NUISANCES BECAUSE THEN WE HAVE SOME LEVERA O THE SHORT-TERM, SO I'M -- I THINK FROM A STAFFING STANDPOINT, WE NEED TO TAKE A LOOK AT WHAT DID WE STRENGTHEN SO THAT WE CAN GO IN AND DO SOME NECESSARY THINGS, SOME POLICING THAT WE NEED TO DO, AND THAT LEADS TO WHAT COUNCILWOMAN HOLMER TALKED ABOUT. IF YOU SEE SOMETHING, SAY SOMETHING. I UNDERSTAND IT IS THAT MY FIRST REACTION IS GOING TO BE THAT I WILL PROTECT MY DAUGHTER WITH MY LIFE, BUT THE SAME THING IS, IF I SEE SOMETHING THAT'S REALLY BAD, I WILL PROTECT HER AND I WILL ALSO CALL 911, CALL I WANT THAT JERK OFF THE STREET PERIOD. SO YOU'VE GOT TO BE ABLE TO DO THAT. YOU'VE GOT TO BE ABLE TO FEAR -- FEEL THAT YOU'VE GOT TO BE ABLE TO REPORT THOSE TYPES OF THINGS, AND REPORT THEM, SO THAT WE HAVE -- IT'S EVEN EXTRA DATA FOR US, SO ANYWAY, I'VE SAID ENOUGH ON THIS EVENING, I'LL PASS IT OFF. >> Ricciardelli: OKAY. WELL, I GUESS OTHER THAN THE MAYOR, I'LL BRING UP THE REAR ON THIS ISSUE, BUT OBVIOUSLY, WE'VE HEARD A PLETHORA OF TESTIMONY FROM PLANO RESIDENTS WHO HAVE BEEN ADVERSELY AFFECTED BY SHORT-TERM RENTALS IN THEIR NEIGHBORHOOD. WE DISCUSSED EARLIER THE PRELIMINARY DATA THAT WE DO HAVE SUGGESTS THAT THE INCIDENCE OF NOISE COMPLAINTS IN 2022 HAS BEEN SIGNIFICANTLY HIGHER, PERHAPS TWO TIMES OR THREE TIMES HIGHER SHORT-TERM RENTALS IN PLANO THAN OTHER TYPES OF HOUSING. WE CAN DO EXACT CALCULATIONS AND KNOW WHAT'S GOING ON IN THE CITY, SO I'M GLAD TO HEAR THAT THE PURCHASE OF THAT D, ANYTHING THAT WE CAN DO TO GET OUR HANDS ON THE MOST ACCURATE DATA POSSIBLE TO MAKE GOOD DECISIONS I THINK IS IMPORTANT. I WILL SAY THAT WE'VE BEEN STUSTUDYING THIS ISSUE FOR TWO OR THREE YEARS ALREADY, I KNOW WE'VE RECEIVED REPORTS, CERTAINLY I REMEMBER ONE MEETING ON ZOOM DURING THE EARLY PANDEMIC DAYS OF 2020, IT MAY GO BACK TO 2019, SO I THINK WE'RE, YOU KNOW, WE'RE IN THE RED ZONE ON THIS TO USE A FOOTBALL ANALOGY, AND SO I HOPE THAT THIS LAST STEP OF INFORMATION GATHERING CAN BE EXPEDITED. MORE IMPORTANT THAN THE NOISE IS THE SAFETY ISSUES THAT HAVE BEEN DISCUSSED BOTH FEELING UNSAFE AND BEING UNSAFE, AND LIKE I THINK EVERYONE ON THE COUNCIL HAS ARTICULATED, WE NEED TO PROTECT OUR RESIDENTS, THE MAIN ARGUMENT I'VE HEARD AGAINST ENACTING ZONING REGULATIONS WITH RESPECT TO SHORT-TERM RENTALS IS PROPERTY RIGHTS, PROPERTY RIGHTS ARE IMPORTANT, I'M AN ADVOCATE FOR ROBUST PROPERTY RIGHTS. THE PROPERTY RIGHTS OF HOMES AND LONG-TERM RENTERS WHO LIVE NEAR SHORT-TERM RENTALS TO CONTINUE TO BE ABLE TO USE AND ENJOY THEIR PROPERTY IS ALSO AT STAKE. SO I THINK ZONING, ALWAYS INVOLVES BALANCING COMPETING PROPERTY RIGHTS, YOU KNOW, IF I SAY THAT MY NEXT DOOR NEIGHBOR AS WE DO THROUGH OUR ZONING ORDINANCE CAN'T OPERATE A DRIVE THROUGH OR ALL NIGHT DINER, THAT TAKES AWAY ONE PROPERTY USE OF THEIR PROPERTY. WE HAVE TO MOVE FORWARD WITH ZONING. AND I THINK WE SHOULD FOLLOW THE JEN PATH THAT ARLINGTON IS ON, AND MOVE FORWARD WITH ARTICLING TO BE'S TWO PRONGED APPROACH OF ENACTING REGISTRATION PROGRAM THAT REQUIRES LICENSES AND REVOKES THOSE LICENSES FOR PROBLEM PROPERTIES THAT HAVE PROVEN TO BE A NUISANCE DUE TO MULTIPLE VIOLATIONS OF LAW. OBVIOUSLY, AS MAYOR PRO TEM PRINCE INDICATED WE'RE NOT ARLINGTON. I DON'T THINK AN ENTERTAINMENT DISTRICT MAKES SENSE IN PLANO, BECAUSE WE DON'T HAVE COWBOYS STADIUM OR THE BALLPARK AT ARLINGTON OR SIX FLAGS OR HURRICANE HARBOR, I DON'T KNOW THAT WE HAVE AN ENTERTAINMENT DISTRICT IN PLANO. THE GENERAL PATH THAT THEY'RE ON I THINK IS THE BLUEPRINT THAT WE SHOULD FOLLOW FOR, YOU KNOW, SUCCESSFUL REGULATION, AND I ALSO AGREE WITH STRENGTHENING OUR GENERAL NUISANCE ORDINANCES, AND I WANT TO JURNTD SCORE THE POINT THAT COUNCILMEMBER HOLMER AND COUNCILMEMBER GRAY DAY SAID, IF YOU SEE SOMETHING, SAY SOMETHING. I THINK WE FOU OUT THERE'S ME CRIMINAL IN A VAN GOING AROUND TO SHORT-TERM RENTALS, WHO KNOWS WHAT COULD HAPPEN WITH THAT SITUATION, I'M GLAD WE CONNECTED TWO DATAPOINTS, THE MORE DATA WE HAVE, THE BETTER WE CAN DO. EVEN IF A SITUATION RESOLVES, REPORT IT. MAKE SURE THAT THE CITY IS AWARE OF IT, AND THAT'S GOING TO HELP US TO PROTECT YOUS SO I THINK WE MOVE FORWARD ON THE GENERAL PATH ARLINGTON IS AND I THINK THAT WILL BE A GOOD PATH. >> Mayor Muns: I WANT TO THANK AUDIOLOGY OF YOU FOR YOUR PATIENCE, YOU'VE COME WHEN IT WAS NOT ON THE AGENDA MANY TIMES, AND W APECIATE THAT. BELIEVE ME, WE HAVE -- WE HAVE BEEN CONSTANTLY WORKING ON WHAT WE CAN LEGALLY DO AND THOSE THINGS HAVE BEEN ON OUR MIND AS MANY OF YOU SAID WAY BACK IN THE SPRING WHEN YOU STARTED COMING AND TELLING US ABOUT IT. WE'VE KNOWN ABOUT IT. WE JUST ARE TRYING TO MAKE SURE, A, WE PROTECT THE TAXPAYER, AND NOT PUT THEM INTO A, YOU KNOW, A PROBLEM WHERE WE'RE COSTING MONEY TO THE TAXPAYER, BUT AT THE SAME TIME, IT'S IMPORTANT THAT WE HAVE SAFE NEIGHBORHOODS GOOD NEIGHBORHOODS AS YOU ALL HAVE DESCRIBED, AND WHAT YOU'RE WANTING. AND I AGREE WITH THE COUNCIL HERE THAT THESE ARE THE THINGS THAT WE NEED TO DO INITIALLY, TO MOVE FORWARD, AS QUICKLY AS WE CAN, BUT AT THE SAME TIME, THE REGISTRATION, THE PERMITTING IS GOING TO HELP US ENFORCE SOME OF THESE THINGS SO MUCH MORE, PROPERLY, AND WE'RE GOING TO HAVE, YOU KNOW, NOISE ORDINANCES AND PARKING ORDINANCES, AREAS THAT I HEARD TONIGHT THAT THOSE WERE REALLY ISSUES. TH IS THE SAFET ISSUE,YOND AND I THINK THAT'S REALLY IMPORTANT FOR ALL OF US HERE IN PLANO, BECAUSE WE DO LIVE IN A CITY OF EXCELLENCE THAT IS SAFE AND THAT'S WHY SO MANY OF US LIVE HERO. I'VE LIVED HERE FOR 53 YEARS. I LOVE THIS CITY. AND I WANT IT TO REMAIN THE CITY THAT YOU ALL DESCRIBED AS A GREAT CITY, AND WE'VE GOT TO MAINTAIN THAT, AND SO IT'S REALLY IMPORTANT TO US THAT WE COME UP WITH SOLUTIONS VERY QUICKLY, AND PART OF THAT IS THROUGH ZONING, AND PERMITTING AND MAKING SURE THAT WE KNOW WHO IS DOING A SHORT-TERM RENTALS AND WHO IS NOT. IT'S GOING TO BE IMPORTANT FOR US TO MOVE ALONG, WE'VE BEEN ASSURED THAT PROCESS HAS STARTED IN REGISTRATION AND PERMITTING. SO WITH THAT BEING SAID, THANK YOU SO MUCH FOR YOUR PATIENCE, WE'RE GOING TO MOVE FORWARD, STAFF KNOWS WHERE WE WANT TO GO. AND SO OVER THE NEXT FEW MONTHS, WE'LL CONTINUE TO COMMUNICATE HOW WE WANT TO MOVE FORWARD AND THINGS THAT HAVE CHANGED THROUGHOUT THE ZONING PROCESS AND PERMITTING PROCESS. SO THANK YOU VERY MUCH. [ APPLAUSE ] >> ITEM NUMBER ONE, PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN FOR ACTIONS OUTSIDE THE FOCUS OF THE 2020-2021 COMPREHENSIVE PLAN REVIEW PROCESS FOR MINOR UPDATES TO MAPS, AND EXCUSE ME A SEVERABILITY CLAUSE -- >> DO YOU WANT SOME WATER? >> Mayor Muns: DID YOU FINISH? OKAY. ALL RIGHT. I WASN'T SURE. OKAY. ITEM NUMBER ONE IS A PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN, SO THIS IS ACTIONS THAT HAVE BEEN OUTSIDE THE FOCUS OF THE 2020-2021 CONFERENCE OF -- PLAN REVIEW PROCESS AND MINOR UPDATES TO THE MAPS. SO QUICKLY, CONSIDERING THE HOUR OF THE EVENING, YOU MAY RECOLLECT THAT THE COMPREHENSIVE PLAN REVIEW PROCESS FOCUSED ON FOUR KEY TOPICS, SO NOT ALL OF THE COMPREHENSIVE PLAN WAS REVIEWED THROUGHHAT PROCESS, SO WE HAVE A NUMBER OF POLICIES THAT REALLY HAVE BEEN SITTING AROUND FOR QUITE SOME TIME. SO WHEN WE DID OUR NORMAL PLAN REVIEW, WE HAD A LOT OF POLICIES THAT HAVE BEEN AROUND SINCE ABOUT 2015. SO THE XR COMPREHENSIVE PLAN IS -- IS IT RECURRING, IS IT PENDING, IS IT COMPLETE, THE STATUS UPDATE ON ACTIONS, SO WE FOUND A NUMBER OF ACTIONS THAT ARE COMPLETE. SO WE HAVE AN EXAMPLE U HERE OF Y WHERE WE'RE CREATING A MARKETING PROGRAM, THEY TURN OUT THEY'VE ALREADY DONE THAT. NEED TO UPDATE THAT TO SAY EVALUATE THE MARKETING PLAN RATHER THAN CREATE THE MARKETING PLAN. SO THAT IS AN EXAMPLE OF ONE OF THE CHANGES WE'VE MADE. SO THESE RECOMMENDATIONS ARE GENERALLY LIKE THIS. WE PROVIDED -- GOT FEEDBACK FROM LEAD DEPARTMENTS ON THE STATUS OF UPDATES OF THESE OBSOLETE OR OUTDATED OPTIONS. IT WILL HELP US B MORE FICIT. THERE'S A FEW MINOR MAP UPDATES THAT I'LL TALK THROUGH. SOME ON THE DASHBOARDS AND THEN SOME ON THE THOROUGHFARE PLAN MAP. MOVING FORWARD, WE'LL CONTINUE THIS ANNUAL REVIEW CYCLE, AND IN 2023 BEGIN A REGULAR CYCLE OF REVIEW. SO THIS IS A SUMMARY TABLE THAT SHOWS YOU THE MAJORITY ARE EITHER IN SOCIAL ENVIRONMENT OR NATURAL ENVIRONMENT. VIEW IN ECONOMIC ENVIRONMENT AND REGIONALISM. THEN I'VE GOT THESE, IN CASE ANYBODY HAS QUESTIONS, I'VE GOT IN THE TABLE FORMAT, THERE ARE I BELIEVE TEN IN ONGOING IMPLEMENTATION, TWO IN UPDATED DIRECTION, THREE IN NEW ACTIONS THAT ARE BEING PROPOSED. AND THEN TWO THAT ARE BEING REMOVED DUE TO COMPLETION. OR JUST NO LONGER BEING VIABLE. SO THE MAPS ARE BEING CHANGED BECAUSEHERE WAS A -- JUST SOME CHANGE IN TERMINOLOGY THAT NEEDED TO BE CONSISTENT THAT WE FOUND ON THE FUTURE LAND USE MAP IN THE NEIGHBORHOODS CATEGORY, SO THAT'S JUST AN ALIGNMENT OF TERMINOLOGY THAT WE'RE PROPOSING THERE. ALSO, YOU'LL SEE SOME PROPOSED CHANGES WITH REGARD TO UPDATING TRANSIT FACILITIES. WE FIND THAT IT WAS GOING TO BE LESS CONFUSING FOR PEOPLE IF WE DESIGNATED WHETHER A TRANSIT FACILITY WAS EXISTING OR A FUTURE TRANSIT FACILITY, SINCE THOSE LOCATIONS ARE NOT FIRM AT THIS POINT IN TIME. SO YOU'LL SEE THAT UPDATED AS WELL IN THE DASHBOARD AS TWO DIFFERENT SYMBOLS THAT WE'RE USING. AND THEN THOROUGHFARE PLAN AMENDMENTS, THERE'S FOUR DIFFERENT AMENDMENTS THERE. EITHER FOR PLANNED IMPROVEMENT SUCH AS THE OAK POINT AREA OR EXISTING IMPROVEMENTS SUCH AS IN LEGACY WEST JUST NOTING THOSE CHANGES THAT HAVE OCCURRED. SO THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL 6-0. WE DON'T HAVENY PUBLIC FEEDBACK ON THESE CHANGES. AND THE -- JUST A SIDE NOTE THAT THE FIRST FULL ANNUAL REPORT ON THIS COMPREHENSIVE PLAN WILL BE FORTH COPPING IN THE FIRST QUARTER OF THE NEXT CALENDAR YEAR SO THAT'S MY REPORT ON THIS ITEM, AND I'D BE GLAD TO ANSWER QUESTIONS YOU MIGHT HAVE. >> Mayor Muns: THANK YOU. ANY QUESTIONS FOR CHRISTINA? .ALL RIGHT. THANK YOU, I'LL OPEN THE PUBLIC HEARING. >> THERE ARE NO SPEAKERS ON THIS ITEM. >> Mayor Muns: I'LL CLOSE THE PUBLIC HEARING AND CONFINE THE COMMENTS TO THE COUNCIL. >> MOTION TO APPROVE. >> SECOND THE MOTION. >> Mayor Muns: MOTION AND SECOND TO APPROVE AGENDA ITEM NUMBER ONE. PLEASE VOTE. MOTION PASSES 8-0. THANK YOU. NEXT ITEM? >> ITEM NUMBER 2, PUBLIC HEARING CONSIDERATION OF A RESOLUTION TO APPROVE THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT AND MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PLANO, THE CITY OF McKINNEY, THE CITY OF FRISCO, AND THE COLLIN COUNTY SHERIFF'S OFFICE FOR THE DISBURSEMENT OF THE 2022 EDWARD BYRNE JUSTICE ASSISTANCE GRAND FUNDS, AUTHORIZING ITS EXECUTION BY TH CITY MANAGER AND PROVIDING AN EFFECTIVE DATE. >> MAYOR AND COUNCIL, THIS IS AN ANNUAL GRANT PROGRAM THAT THE POLICE DEPARTMENT PARTICIPATES IN WITH SHARED FUNDS THAT SPREAD THROUGHOUT COLLIN COUNTY, AS YOU'RE AWARE FROM THIS ITEM, THIS WILL INCLUDE SOME BREACHING TOOLS THAT WE HAVE PLANNED FOR THE -- FOR THE POLICE DEPARTMENT, AND WITH THAT, ANY HARD QUESTIONS CAN G TO SAM GREIF AT THIS HOUR. [ LAUGHTER ] >> Mayor Muns: SAM, DO YOU HAVE A POWERPOINT? >> NO, SIR I DO NOT. [ LAUGHTER ] >> YOU'RE MY FAVORITE PERSON. >> ANY QUESTIONS FOR SAM, THAT APPLY TO THIS ACTUAL ITEM? >> ALL RIGHT, WELL, THANK YOU SIR. >> Mayor Muns: I'LL OPEN THE PUBLIC HEARING. >> THERE ARE NO SPEAKERS ON THIS ITEM. >> Mayor Muns: I WILL CLOSE THE PUBLIC HEARING, CONFINE THE COMMENTS TO THE COUNCIL. >> MOTION TO APPROVE. >> SECOND. >> Mayor Muns: THANK YOU, I HAVE A MOTION AND A SECOND TO APPROVE ITEM 2, PLEASE VOTE. >> CAN SAM BRIEF US IN BREACHING TECHNIQUE? >> Mayor Muns: ITEM 3? SHE'S GOT TO READ IT. >> ALL RIGHT, WELL, GOOD EVENING, MAYOR AND COUNCIL -- YOU WANT TO READ THE ITEM, DO YOUEEDO. >> OH, I'M SORRY. >> CONSIDERATION OF A RESOLUTION TO ADOPT THE 2023 LEGISLATIVE PROGRAM FOR THE CITY OF PLANO, DIRECTING THE CITY MANAGER TO ACT WITH REGARD TO THE CITY'S 2023 LEGISLATIVE PROGRAM AND PROVIDING AN EFFECTIVE DATE. >> GOOD EVENING, MAYOR AND COUNCIL, I'LL BE BRIEF. MY VOICE IS GOING FROM ALLERGIES, I APPRECIATE YOUR TIE THIS EVENING. I ALSO HAVE A LEGISLATIVE ANALYST, STEVEN TANNER. A QUICK OVERVIEW OF THE SESSION. FOR THE UPCOMING WE HAVE HOPEFULLY THIS MONTH, EITHER THIS MEETING OR NEXT, THE ADOPTION OF THE LEGISLATIVE AGENDA. BILL FILING WILL BEGIN IN NOVEMBER. OUR GOAL IS TO TARGET THAT BEFORE THE BILL FILING COMMENCES SO WE CAN IMPACT LEGISLATION BEFORE WE HAVE IT INTRODUCED. THE LEGISLATURE WILL CONVENE IN JANUARY. WE DO ENCOURAGE YOU IF SCHEDULE ALLOWS TO PARTAKE IN THE PLANO DAYS WITH THE CHAMBER AND THE SCHOOL DISTRICT. THAT WILL BE IN FEBRUARY, BEGINNING OF MARCH, AND I'VE ALSO INCLUDED THE DEADLINE FOR FILING, THE LAST DAY OF THE SESSION. YOU CAN SEE THE SESSION MOVES VERY QUICKLY,S SUCH I WANTED TO HIGHLIGHT AND REVIEW THE PROCESS THAT YOU HAVE ESTABLISHED FOR YOURSELVES TO HAVE THE LEGISLATIVE SUBCOMMITTEE WITH THE MAYOR, MAYOR PRO TEM, AND DEPUTY MAYOR PRO TEM BE THE COMMITTEE AND BODY THAT I UPDATE ON A REGULAR FAST-MOVING BASIS, AND WE WOULD BE OPERATING OFF OF THE LEGISLATIVE PROGRAM WHICH IS INCLUDED IN YOUR PACKET. BRIEF OVERVIEW, AND PREVIEW TO SESSION, AS MANY OF YOU HAVE PROBABLY HAROD, WE WILL BE ENTERING THE NEXT BIENNIUM WITH A $27 BILLION SURPLUS, THA WILL INTRODUCE MORE BILLS AND MORE ISSUES THAN A SHORTAGE WOULD. WITH THAT, WE ANTICIPATE PROPERTY TAXES TO BE ADDRESSED, SCHOOL SAFETY, MENTAL HEALTH, A PLETHORA OF ITEMS THERE, BUT WE WON'T KNOW UNTIL AFTER NOVEMBER, SO THIS IS A PREVIEW OF WHAT HAS BEEN DISCUSSED. SEVERAL OF YOU WERE AT THE CONFERENCE AND ABLE TO HEAR THESE MORE IN DEPTH, I'M HAPPY TO VISIT WITH YOU OFFLINE IF YOU HAVE MORE QUESTIONS ON THAT. THE LEGISLATIVE SESSION OVERVIEW, IT WAS A GREAT JEN OVERVIEW THAT PROVIDED US MAXIMUM FLEXIBILITY TO RESPOND TO THESE ISSUES, AS YOU KNOW, FROM LAST SESSION, WE THOUGHT WE WERE GOING INTO A SESSION WITH SPECIFIC ISSUES AND THEN WE HAD COVID, WE HAD A WINTER STORM, AND SEVERAL ISSUES WITH THE POWER GRID THAT THEN CAUSED US TO HAVE TO PIVOT, BUT PREDOMINANT BE LOOKING TO PRESERVE OUR HOME RULE, OUR DELEGATION AND THE BUSINESS COMMUNITY AND OTHERS IS PLANO'S EXAMPLE OF WHAT A CITY CAN DO WHEN IT DOES THINGS RIGHT. WE WOULD LIKE TO PRESERVE THE TOOLS THAT WE ARE CURRENTLY USING RESPONSIBLY, AS EVIDENCED BYUR BOND RATING AND EXCELLENCE AND PROGRAMS THAT CITIZENS RELY ON AND EXPECT FROM US NOW. SEVERAL ISSUES OF COURSE SURROUNDING TRANSPORTATION INFRASTRUCTURE UTILITIES. THE PUBLIC UTILITIES COMMISSION IS SET TO SUNSET. WE ARE WORKING WITH OUR STEERING COMMITTEE ON THE OTHER UTILITIES SUBMIT COMMENT comment , SO WE'LL BE GOING OVER THAT AS WELL. I WANT TO HIGHLIGHT OUR PARTNERSHIPS, TML OF COURSE, BUT VISIT PLANO, PLANO ISD, THE PLANO CHAMBER, WE PLAN TO BE IN LOCK STEP, WE ARE A UNIQUE COMMUNITY AS YOU ALREADY KNOW, WHEN WE LOOK AT THINGS LIKE RECAPTURE THAT WILL BE LED BY THE SCHOOL DISTRICT, OUR GOAL IS TO MAINTAIN CITY OF EXCELLENCE ACROSS ALL SECTORS, HOWEVER WE CAN SUPPORT OUR PARTNERS AND THEY HAVE PLEDGED TO SUPPORT US, WE'RE GOING TO DO THAT, SO WITH THAT, I'M HAPPY TO ANSWER QUESTIONS, RECEIVE ANY FEEDBACK ON THE PROGRAM. >> MAYOR AND COUNCIL, I WOULD LIKE TO ADD TWO QUICK THINGS COUNCILMAN RICCIARDELLI AND I HAD A FEW EXCHANGES TODAY WITH REGARD TO OUR LEGISLATIVE PROGRAM, AND EFFORTS, AND ANDREW WILL BE OUR MAIN PERSON TRAVELING BACK AND FORTH WITH AUSTIN, AND WORKING WITH STEVEN TO MAKE SURE THAT WE'RE REPRESENTED WELL IN AUSTIN, THE CITY DOES NOT HAVE A PAID LOBBYIST FOR THE CITY, HOWEVER, WE DO CONTRACT WITH A FIRM TO DO BILL TRACKING, COMMITTEE TRACKING, AND DO BILL ANALYSIS, AND FOR US IT'S KIND OF A UNIQUE -- A UNIQUE POSITION FOR US TO TAKE, WE FEEL THAT ADVOCACY IS BEST PROVIDED BY OUR STAFF AND OUR COUNCIL, AND THAT'S SOMETHING THAT WE'VE COMMITTED TO. WE'RE STAYING TRUE TO THAT WITH TS CURRENT APPROACH. WANTED TO MAKE SURE THAT WAS ON THE RECORD FOR OUR COMMUNITY TO UNDERSTAND, SO JUST WANTED TO PASS THAT ALONG. >> Mayor Muns: THANK YOU, ANDREW. >> THANK YOU. >> Mayor Muns: ALL RIGHT. ITEM 4? OH, IT IS A RESOLUTION. APOLOGIES. OKAY, CAN I GET A MOTION. >> MOTION TO PASS THE RESOLUTION AS PRESENTED. >> SECOND. >> Mayor Muns: THANK YOU. I HAVE A MOTION AND SECOND TO PASS THE RESOLUTION TO ADOPT THE 2023 LEGISLATIVE PROGRAM. OR AGENDA ITEM NUMBER 3, PLEASE VOTE. MOTION PASSES 8-0. LAST ITEM? >> ITEM NUMBER 4, CONSIDERATION OF A RESOLUTION TO AFFIRM THE APPOINTMENT OF A SHARED BOARD MEMBER WITH THE CITY OF FARMER'S BRANCH TO SERVE ON THE DALLAS AREA RAPID TRANSIT AUTHORITY BOARD OF DIRECTORS TO FILL THE UNEXPIRED TERM OF OFFICE VACATED BY GLEN KALLISON ENDING JUNE 30th, 2004, AS PROVIDED IN CHAPTER 452 OF THE TEXAS TRANSPORTATION CODE AND PROVIDING AN EFFECTIVE DATE. >> MAYOR AND COUNCIL, AS YOU KNOW, OUR REPRESENTATIVE, GLEN KALLISON, HAS ASKED FOR A REPLACEMENT DUE TO SEVERAL CONFLICTS THAT HAVE AROSEN SINCE HIS APPOINTMENT, SO BEFORE YOU IS AN ITEM TO REPLACE MR. KALLISON AND TO BRING FORWARD AN INTERIM TO FILL OUT THE REST OR THE TERM SO -- >> Mayor Muns: CORRECT. >> MOTION TO APPROVE. >> OH, IT'S NATHAN BARBERA. SORRY -- [ LAUGHTER ] >> SECOND THE MOTION. >> Mayor Muns: ALL RIGHT. I GOT A MOTION AND SECOND TO APPROVE THE RESOLUTION TO AFFIRM THE APPOINTMENT OF A SHARED BOARD MEMBER. OR, AGENDA ITEM 4. PLEASE VOTE. YOU DID? ALL RIGHT, MOTION PASSES 8-0. THERE BEING NO FURTHER BUSINESS, THE MEETING IS ADJOURNED. [ APPLAUSE ]